1975-05-155-15-75 (Day)
4. Section 9. Appeals Body.
before resorting to court action.
This will give the applicant a place to appeal any decision
Mrs. Frances Martin questioned the meaning of "time period" in Section 5-2. Miss Godsey said
the time limit would vary with each particular case. Mrs. Martin then'pointed out two' sections
written in the State Code which are not in the County Ordinance - one requires the Commonwealth's
Attorney to enforce the Ordinance, and the second requiring periodic inspections.
Mr. Wheeler said even if these sections were written into the Ordinance, the Board cannot force
the Commonwealth's Attorney to enforce the Ordinance if he doesn't wish to. With regard to periodic
inspections, inspectors can only do so much. It is the equal responsibility of citizens to report
violations.
Mr. Wheeler then recommended that this item be placed on the agenda for May 28, 1975 and that
Board members have any suggested changes to the staff before that date so the staff can finalize the
draft and the Board set a public hearing date. Ail Board members were in agreement with this pro-
cedure, and this item was deferred.
Meeting was adjourned at 8:05 P.M..
Chairman
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May
15, 1975, at 9:00 A.M. in the County Office Building Board Room, Charlottesville, Virginia.'
PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J.T. Henley, Jr., William Co Thacker, Jr. and
Gordon L. Wheeler.
ABSENT: Mr. Lloyd F. Wood, Jr.
OFFICERS PRESENT: Messrs. T.M. Batchelor, Jr., County Executive, George R. St. John, County Attorney,
and Frederick Payne, Deputy County Attorney.
The meeting was called to order and began with the Lord's Prayer. Mr. Gordon L. Wheeler was
not present at the start of the meeting, so Mr. Thacker took the Chair.
No. 3. Report on Ivy Landfill. Mr. J. H. Bailey, County Engineer, reported land seeded last
spring has taken well and repairs necessitated by high winds last week have been accompliShed. Mr.
Charles Perry of the Virginia State Highway Department, reported the progress on Route 637. He said
the survey crews have completed their work and are now putting their findings on the drawing board,
and hope for road construction by mid-June. Cost estimates should also be available at that time.
No. 5(a).
stated he spoke to the citizens on Batesvi!le Road and now concurs in this request.
motion to adopt the following resolution:
WHEREAS~ request has been received for street sign to identify Batesvilie
Road (State Route #692) at its intersection with U.S. Route #29 South; and
WHEREAS, residents on Batesvitle Road have agreed to purchase this sign,
said sign to be purchased through the office of the County Executive and to
conform with standards set by the State Department of Highways;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that the Virginia Department of Highways be and is
~YES:
rAYS:
BSENT:
Batesville Road request for street sign (deferred from April 17, 1975). Mr. Fisher
, He then offered
hereby requested to install and maintain the above mentioned street sign.
The foregoing motion was seconded by Mr. Henley and carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley and Thacker.
None.
Messrs. Wheeler and Wood.
No. 5(b). Mr. Carlton Luck, request for Right-of-Way. Mr. J. H. Bailey repo~ted Mr. Luck
ishes to have a permanent right-of-way made available through the Keene Landfill. Mr. Luck has
urchased property "behind" the Landfill which is of land locked. Mr. BaiIey said, under advice
rom the County attorney,~has given a set of landfill keys to Mr. Luck for his use. Mr. Batchelor
rated he had reservations about allowing a right-of-way through the landfill for safety reasons.
?. Fisher asked how many homes the Luck's were intending to build. Mr. Bailey stated he was not
are, it could be as many as four.
Mr. Thacker asked Mr. St. John if the county had the right to restrict the use of a right-of-
ry. ~r. St. John said he was not sure if restricting the use of a right-of-way was legal. He
.efe~d just giving the Luck's permission to cross the landfill. Mr. St. John added that at one
.me there were several roads which crossed the landfill. If these roads have never officially been
andoned, the Luck's already have a rig~.t~-,o~.-way. Mr. St. John said Judge Berry has ruled that an
d public road which hasn't been taken~Ythe system, is still a public road; he has also ruled
at if a road which is still public exists, a person can subdivide on that road without envoking
e Subdivision Ordinance. Mr. St~. John concluded by saying he has been unable to get the facts and
der what circumstances the "roads" through the Keene Landfill were/or were not abandoned.
Mr. Thacker said it boils down to whether or not the right-of-way was ever legally abandoned.
· St. John said yes, and it would involve a great deal of time to locate. Mr. Batchelor recom-
~ded the item be deferred until such time as the County Attorney and the County Engineer can
~earch this item, and bring it 'sack at an evening meeting as a convenience to the Luck's.
109
5-15-75 (Day)
No. 5(e). Wakefield Court, request for abandonment. Mr. Carwile suggested this item be deferred
until Mr. Wood is present for the discussion and suggested the planning staff update their comments
on the matter. Mr. Thacker suggested it be placed on the June 19, 1975, agenda.
No. 5(d). Milton Road, request for discontinuance. Mr. Robert Sampson, Park s Director, said
the Virginia Department of Highways has requested a resolution asking for discontinuance of Milton
Road, and not abandonment. Mr. Frederick ?ayne, Deputy County Attorney, and Mr. Charles Perry, of
the Virginia Department of Highways, disagreed as to the proper definition of the term "discontin-
uanc e".
After some further discussion as to the meaning of the term "discontinuance", motion was offered
by Mr. Henley, seconded by Mr. Carwile to defer th±s item until such definition can be obtained. It
was suggested a meeting take place between the County Attorney's Office and the Virginia Department
of Highways. Role was called, and motion'carried by the following recorded vote:
AYES' Messrs. Carwile, Fisher, Henley and Thacker.
NAYS: None.
ABSENT: Messrs. Wheeler and Wood.
No. 12(b). Milton Road Boat Launch Facility Appropriation. Motion was offered by Mr. Henley,
seconded by Mr. Carwile to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $500.00 be, and the same hereby is, appropriated from Federal Revenue
Sharing Funds and transferred to the General Operating Fund (Code 10L601) for
purchase and installation of a fence at the proposed Milton Road Boat Launch
site.
The motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley and Thacker.
NAYS: None.
ABSENT: Messrs. Wheeler and Wood.
No. 5(0). Route 22--Road Petition. Mr. William Thacker noted petition received from Miss
Nancy Wheeler requesting resurfacing of Route #22 from Cismont to Cobham. Mr. Wheeler, who had just
arrived, stated Miss Wheeler is his niece and the petition was the result of a government class in
school. Mr. Wheeler then requested Mr. Charles Perry to check into the possibility of surfacing
Route #22 and inform the Board members of his findings.
No. 5(f). Lexington Subdivision. Motion to adopt the following resolution was made by M~.
Wheeler, seconded by Mr. Fisher, and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways be and is hereby requested to
accept into the Secondary System of Highways, subject to final inspection and
approval by the Resident Highway Department, Lexington Lane (0.19 miles) serving
lots in Lexington Subdivision.
BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is
hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements
along this requested addition as recorded by plats in the Office of the Clerk of
the Circuit Court of Albemarle County in Deed Book 564, Page 88.
No. 5. Canterbury Hills Subdivision. Mr. Carwile abstained from vote on this matter. Motion
to adopt the following resolution was made by Mr. Wheeler, seconded by Mr. Henley, and carried by
the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
ABSTAINf Mr. Carwile.
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the Virginia Department of Highways be and is hereby requested
to accept into the Secondary System of Highways, subject to final inspection
and approval by the Resident Highway Department, the following roads in
Section Five of Canterbury Hills Subdivision:
FRANKLIN COURT: Beginning at station 0+00 of Franklin Court, a point common
with the centerline intersection of station 5+75.55 of
Woodhurst Road; thence with Franklin Court in a southeasterly direction
135.76 feet to station 1+35.76, the end of Franklin Court in Canterbury Hills
Section Five.
SMITHFIELD COURT: Beginning at station 0+00 of Smithfield Court, a point
common with the centerline intersection of station 4+63.65
of Smithfield Road; thence with Smithfield Court in a southwesterly direction
285.36 feet to station 2+85.36, the end of Smithfield Court in Canterbury
Hills - Section Five.
SMITHFIELD ROAD: Beginning at station 0+00 of Smithfield Road, a point common
with the centerline intersection of station 13+17.34 of
Westminister Road (State Route 1404);~thence with Smithfield Road in a north-
..... ~, ~~ 6]~.6~ feet to station g+13.65, the end of Smithfield Road
22O
5-15-75 (Day)
VICAR COURT: Beginning at station 0+00 of Vicar Court, a point common with
the centerline intersection of station 16+16.13-of Westminister
Road; thence with Vicar Court in a northeasterly direction 200.00 feet to
station '2+00.00 the end of Vicar Court in Canterbury Hills - Section Five.
WESTMINISTER ROAD: Beginning at station 13+17.34 of Westminister Road (State
Route 1404) a point common with the centerline intersections
of Smithfield-Road and Westminister Road; thence with Westminister Road in a
southwesterly direction 1422.84 feet to station 27+40.18, the end of West-
minister Road in Canterbury Hills - Section Five.
WOODHURST COURT: Beginning at station 0+00 of Woodhurst Court, a point common
with the centerline intersection of station 3+62.92 of
Woodhurst Road; thence with WoOdhurst Court in a northwesterly direction
180.00 feet to station 1+80.~00, the end of Woodhurst Court in Canterbury Hills
Section Five.
WOODHURST ROAD: Beginning at station 0+00 of Woodhurst Road, a point common
with the centerline intersection of station 25+85.52 of
Westminister Road; thence with Woodhurst Road in a northerly direction
835.44 feet to station 8+35.44, the end of Woodhurst~Road in Canterbury Hills
Section Five.
BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is
hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements
along these requested additions as recorded by plat in the Office of the
Clerk of the Circuit Court of Albemarle County in Deed Book 485, Page 522.
No. 5. Mr. Wheeler presented a petition to Mr. Charles Perry requesting the widening of Route
685 just off of Route 616 near the corner of Cole's Drive. Mr. Wheeler asked Mr. Perry to put it on
his worklist, and stated he would be glad to work with Mr. Perry in resolving the problems.
Mr. Thacker requested Route 712, which is presently unpaved, be placed on the Road Viewers
agenda. Also, Mr. Thacker requested'the status of Route 20 South, where a problem had been reported
earlier this year regarding a bus stop. Mr. Perry said the site was visited, and the bus stop moved
approximately 100 feet, also the mail boxes were relocated with the permission of the Postal Service.
Mr. Thacker asked if the shoulder of the road where a private drive meets Route 20 South at the
problem site had been regraveled. Mr. Perry noted he was not aware of the drive, but would have it
taken care of.
There were no highway matters presented from the public.
Mr. Carwile offered motion to cancel the Board of Supervisors meeting scheduled for June 25,
1975, due to the fact that a number of the Board members will be attending a National Association of
Counties meeting in Hawaii during that week. It was suggested and added to the motion that the
Board adjourn from their meeting of June 11, 1975, to a meeting on June 18, 1975, at 7:30 P.M. in
the County Courthouse. Motion was seconded by Mr. Wheeler and carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
No. 6. Public Hearing, as advertised in the Daily Progress on May 2 and 9, 1975, to amend and
reenact Section 11-39 of the Albemarle County License Tax Code, and consider an ordinance deleting a
portion of Section 11-85 and a part of the Albemarle County Code.
Mr. Ray Jones, Assistant Director of Finance, stated two sections of the License Tax Code were
to be amended; Section 11-39 and 11-85. The requested change in Section 11-39 would raise "gross
sales" or gross receipts to $2,500.00 or more before a license is required. The wording deleted
from Section 11-85 read "Persons engaged in the business of renting houses or apartments, or both,
shall not be affected by, or come within the provisions of this section unless such person is
engaged in the business of renting in excess of two (2) separate dwelling units." Mr. St. John said
clarification of this sentence was required because of a court case presently pending in Norfolk. A
long discussion followed as to the definition of the word business and who would actually be required
to pay under this License Tax Code.
Mrs. Betty Sprouse of 590 Stage Coach Road, asked the Board how they could legally charge her
back taxes when she has been retired for over two years and rents six homes as a "side-line" in her
retirement. Mr. St. John said he was not familiar with the circumstances surrounding her problem,
but that he would be glad to give her an opinion.
'Mr. Fisher said he was not happy with the wording of the Ordinance. He felt it must be clarified
as to who does and does not full under the Ordinance. Mr. St. John said the Supreme Court ruled
local governments could not state a specific number of rental units required to qualify under the
Ordinance. Mr. Wheeler asked what Mr. St. John would recommend the Board do to correct wording of
this proposed amendment. Mr. St. John recommended the amendment be adopted as presented.
Mr. Thacker called the public hearing closed. Mr. Wheeler then offered motion to adopt the
following ordinance, as presented. Motion was seconded by Mr. Fisher, and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
AN ORDINANCE AMENDING AND REENACTING SECTION 11-39
OF THE ALBEMARLE COUNTY LICENSE TAX CODE
No license tax shall be required to be paid by any person under this
ordinance whose "gross sales" or "gross receipts" shall be TWENTY-FIVE HUNDRED
DOLLARS ($2,500.00) or less but such person shall be required to report such
sales to the Director of F~~ ~T~ .... ~ ~ ............
5-15-75 (Day)
11!
And provide further, with the exception of license requirements for dance
halls under Section 11-52 of this ordinance, that all social organiza-tions,
fraternities, bnevolent order, religious, education, civic and military organ-
izations, charter clubs, rescue squads, volunteer fire companies which conduct
business or perform services in which compensation in any manner is received
shall be exempt from taxation under this ordinance so long as the compensation
or receipts in excess of the actual expenses are devoted to and used for chari-
table purposes. Ail such organizations seeking exemption under this section
must apply, and provide proof if necessary, to the Director of Finance or his
appointed deputy for an exemption certificate.
Motion was then made by Mr. Carwile, seconded by Mr. Wheeler to adopt the following ordinance.
Role was called and motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwi!e, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
AN ORDINANCE DELETING A PORTION OF SECTION 11-85
OF THE ALBEMARLE COUNTY LICENSE TAX CODE.
Section 11-85: Renting by Owner of Houses,
Apartments, or Commercial Establishments.
Every person who, as principal, shall engage in the business of renting houses,
apartments, or commercial property in the county shall pay for the privilege of doing
business an annual license tax of twenty cents (205) on each one hundred dollars ($100.00)
of gross receipts from the rental of all commercial establishments, apartment units or
dwelling units during the preceding fiscal or calendar year. The minimum annual license
tax shall be twenty dollars ($20.00).
The business of renting houses and apartments as used in this section shall be
construed to mean the rental of a building or portion thereof designed exclusively for
residential occupancy, including one-family, two-family and multiple family dwellings, but
nov including hotels, boarding houses and rooming houses.
The words "dwelling units" are defined to mean one or more rooms in a dwelling house
or apartment designed for occupancy by one family for living purposes and having cooking
facilities.
No. 7. Public Hearing, as advertised in the Daily Progress on May 2 and May 9, 1975, to amend
Article 2, Chapter 4, Section 4-18 of the Albemarle County Code entitled Procedure for Obtaining Dog
Licenses. Mr. Thacker returned the gavel to Mr. Wheeler, and he resumed the Chair. Mr. Batchelor
said the purpose of this amendment was to allow the S.P.C.A. and other agencies to sell county tags
outside the County Finance Office. Mr. Ray Jones stated it would be a great convenience to county
citizens to be able to purchase the tags at the S.P.C.A. shelters and other agencies near their
homes.. No one from the public spoke either for or against the proposed amendment. Motion was then
offered by Mr. Carwile, seconded by Mr. Fisher, to adopt the Ordinance Motion was carried by the
following recorded vote: '
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
AN ORDINANCE AMENDING AND REENACTING SECTION 4-18
OF THE ALBEMARLE COUNTY CODE.
BE IT HEREBY RESOLVED by the Board of Supervisors of Albemarle County that
the Albemarle County Code Section 4-18 is amended and reenacted as follows:
Any resident of this County may obtain a dog license by making oral or written
application to the Director of Finance, or his agent, accompanied by the amount
Of license tax. The Director of Finance, or his agent, shall license only
owners or custodians who reside within the County, and may require information
to this effect of any applicant. Upon receipt of proper application, the Direc-.
tor of Finance, or his agent, shall issue a license receipt, on which he shall
record the name and address of the owner or custodian, the date of payment, the
year for which issued, the serial number of the tag, whether male, unsexed
female, female or kennel, then deliver this license tag to the applicant.
No. 8. Public Hearing as advertised in the Daily Progress on May 2 and May 9, 1975, to Amend
and reenact Section 13-15 of the Albemarle County Code requiring magazine salesmen to register with
the Sheriff of Albemarle County and to pay a registration fee. Mr. Batchelor said this amendment
would allow the Sheriff to have magazine salesmen fill out a registration form and have their
photograph taken for the files.
Mr. Steve Zimmerman of the Comsumer Information Service suggested the Sheriff require the
following information on his registration form: applicant's name, address, name of central firm,
location of firm, and where the applicant will be staying while in the County. He also felt the
salesmen should be required to inform their customers of the law as far as being able to cancel
contracts within 3-30 days.
Mr. St. John suggested Mr. Zimmerman bring his recommendations to the Sheriff, so they may be
incorporated into the registration form. Mr. Fisher asked how the citizen will know if the salesma~
registered if no identification card is issued. Mr. St. John said the Sheriff will be required to
give a receipt for the $5.00 payment, and the receipt could act as proof the salesman has registere,
Mr. Fisher then said he would like a time limit placed on the registration. Mr. St. John suggested
it be valid for one year, to expire on December 31st of that year.
Mr. Thacker asked if the wording of the last sentence could '
~tes. c~i~d~n from the City of Charlottesville from sellin~ in th~e-~ev~sed ~Ince he felt~t ellmin
uggeste~ ~e proper wordln~. With ~ ..... ~ ......... ~ ~ county. ~r. St. John eed and
as advertised with the two ghan=~ ~f[~o~, ~r. ~nac~er orrere~ motion to amend Sec~tion'~ ~
~ ~ ~ o~, ~-~~g annua± re ' · - ~-~
~ ~ gmstration and allowmn
..... Motion was seconde~ h~ ~ ~i ..... g children of the Cit.
- ~ ..... -~a~ and carrzed oy the following recorded vote:y
1!2
5-15-75 (Day)
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
ORDINANCE AMENDING AND REENACTING SECTION 13-15
OF THE ALBEMARLE COUNTY CODE, REQUIRING MAGAZINE SALESMEN
TO REGISTER WITH THE SHERIFF OF ALBEMARLE COUNTY
AND PAY A REGISTRATION FEE
WHEREAS, the Board of Supervisors of Albemarle County believes that there
exists a need to deter the use of sales or solicitation of magazine subscrip-
tions as a subterfuge for criminal purposes; and
WHEREAS, the Board of Supervisors of Albemarle County recognizes that there
is a need to maintain neighborhood quiet and privacy for the citizens of Albemarle
County.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Albemarle
County that Section 13-15 of the Albemarle County Code is amended and reenacted
as follows:
SECTION 13-15: Magazine Salesmen-Registration Required, Payment of Fee.
It shall be unlawful for any person to sell or solicit subscriptions to
magazines in the County unless such person shall have first registered his name,
address and by whom employed with the Sheriff of the County and been photographed
by the Sheriff of the County. An annual registration fee of $5.00 shall be
required from such person to cover the cost of the registration based on a
calendar year. The provisions of this section shall not be applicable to child-
ren of both public and private schools in the City of Charlottesville and the
County of Albemarle.
Mr. Wheeler, at this time, made a brief statement to Mr. John Smart of the Thomas Jefferson
Soil and Water Conservation District Board thanking him for his many years of service. Mr. Smart
thanked the Board, then said the reason he was resigning was due to the Board's decision to adopt an
ordinance for Soil and Erosion Control with which he does not agree.
Mr. Wheeler informed Mr. Smart that the Soil Erosion and Sedimentation Control Ordinance has
not been adopted by the Board, and they were still open to suggestions on the matter. After con-
siderable discussion as to which draft of the proposed ordinance Mr. Smart was referring to, Mr.
Wheeler suggested a copy of both the original and the latest proposals be sent to all Board members
so comparisons can be made before holding a work session.
No. 9. Anticipated Revenue Sharing Funds. Mr. Batchelor requested the Board's permission to
advertise the "General Revenue Sharing Planned Use Report'y for the Sixth Entitlement Period, July 1,
1975, through June 30, 1976. He informed the Board that figures shown in this report can be changed,
but that it is a formality required by Federal Law in order to qualify for the Revenue Sharing
Funds. Mr. Ray Jones quoted figures to be shown in the advertisement as; $100,000 for public safety,
(Equipment for a fire station) $100,000 for environmental protection South Rivanna River Reservoir
Study, $356,030 for multipurpose and general government office space, for a total of $556,030.
Mr. Thacker offered motion to advertise the General Revenue Sharing Planned Use Report as
presented. Motion was seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Messrs. Carwile and Wood.
(CLERK'S NOTE: Report was subsequently advertised in the Daily Progress on May 2B, 24, and 25,
1975; in accordance with Federal regulations)
No. 11. Special Appropriations. Motion was offered by Mr. Fisher, seconded by Mr. Carwile
adopt the following resolution.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $795.07 be, and the same hereby is, appropriated from from the General Fund
and transferred to the General Operating Fund and Code to 6A220.
~YES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
~AYS: None.
~BSENT: Mr. Wood.
Motion was then offered by Mr. Thacker, seconded by Mr. Carwile, to adopt the following resolu-
;ion: Role was called, and the resolution was adopted.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $7,551.00 be, and the same hereby is, appropriated from the General Fund
and transferred to the General Operating Fund for expenditures of the Sheriff's
Department.
YES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
AYS: None.
BSENT: Mr. Wood.
No. 10. Airport Appropriation. Mr. J. Harvey Bailey, County Engineer, reported on a contract
~de between the City, the county and Central Contracting Company relative to the I.L.S. project at
ue Airport. An additional appropriation is needed for additional land acquisition costs, additional
)rk needed, and rock excavation. In detail, Mr. Bailey described certain problems with the contractor
~ fulfilling his obligations according to the written agreement. Mr. Wheeler requested ~r. Bailey
~ hold further figures, as he felt the matter of any contract violations be given ~o the County
:torney to discuss with the City Attorney[ who is handling legal ~aa~ ~ ~ ~
.ing back their find~ ~ +~ ~ .....
5-15-75
No. 12(a). Mr. David Morris, Parks Committee Chairman, presented a recommended 1975 Fee Schedule
for the County Parks. Mr. Fisher offered motion to adopt the following resolution. Motion was
seconded by Mr. Thacker, and carried by the following recorded'vote:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the
following rates be charged for admission to swimming areas in County parks.
(1) Daily Entry:
(2)
a) $1.00/adult (13 years and older)
b) $ .50/child (4-12 years old)
c) under 4 - free
Seaso~Pas~t
a)
b)
c)
$15/adult (13 years and older)
$35/family (parents and children between the ages of 4 and 18)
Season rates are to be reduced by one-half on July 15.
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
No. 12(c) Special appropriation was requested by Mr. Robert Sampson, Parks Director
in the amount of $1,050.00 for planning facilities of Totier Creek. Motion was offered by Mr.
Thacker, seconded by Mr. Carwile to adopt the following resolution. Motion was carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $1,050.00 be, and the same hereby is, appropriated from Federal Revenue
Sharing Funds, and transferred to the General Operating-Capital Outlay Fund and
Coded to 19.10L.1.
No.' 12. Mr. Morris requested the Board to pass a resolution requesting the State Office of
Recreation to conduct a study of recreation and park needs in Albemarle County, and to develop a
comprehensive plan for implementation of such a plan. Mr. Henley asked what the cost would be to
the County for such a study. Mr. Morris stated it is a free service.
Mr. Fisher made motion to adopt the following resolution as requested by Mr. Morris.
was seconded by Mr. Carwile, and carried by the following recorded vote:
Motion
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
BE IT RESOLVED by the Board of Supervisors of the County of Albemarle, Com-
monwealth of Virginia, pursuant to Section 2.1-63.4:2(a) of the Code of Virginia
relating to the planning of recreation by the Division of State Planning and
Community Affairs, that the State Office of Recreation is hereby requested to
conduct a study of recreation and park needs in Albemarle County and to develop
a comprehensive plan for implementation thereof.
No. 19. Zoning Violations Report. Mr. Hartwell Clarke, Zoning Administrator, was present to
deliver the report. He stated Mr. Hank Tiffany's trial (re: VP-74-54) had been postponed to May 20,
1975. (Mr. Carwile abstained from discussion of the following subject) Mr. Thacker requested Mr.
Clarke to look into soil erosion on the road in front of the Wingfield property. He also requested
further investigation into erosion problems at the Hillcrest property. Mr. Wheeler requested Mr.
Clarke to investigate erosion problems at the former Black Industries site. He also asked Mr.
Clarke if there were any provisions in the zoning code for "Flea Markets". Mr. Clarke stated there
were provisions for such things as antique markets, but not flea markets. Mr. Wheeler then requeste
a motion asking the Planning Commission to bring a recommendation to the Board as to what zoning
classification "Flea Markets" should be placed. Motion was made by Mr. Carwile, and seconde~by ~M~~.
Thacker requesting rulings on "Flea Markets" and six month permits to the Planning Commission and
the County Attorney. Motion was carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler
NAYS: None. ·
ABSENT: Mr. Wood.
No. 22. Tax Refunds.
following resolution:
Motion was offered by Mr. Thacker, seconded by Mr. Fisher to
WHEREAS, the Assistant Director of Finance of Albemarle County,
Virginia, has appeared before this Board and certified that erroneous
assessments were made on the following; and
WHEREAS, the County Attorney has examined supporting evidence
and consents that such assessments were erroneous;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Code of
Virginia, Section 58-1142, the Board of Supervisors of Albemarle
County, Virginia, does hereby direct the following refunds:
a) Benjamin G. & Esther K. Watkins, Real Estate 1974-- $22.49
b) Willis E. & Susan D. Williams, Jr., Real Estate 1974-- $41.44
c) Stephen W. Charters, Personal Property 1974-- $20.72
adopt the
5-15-75 (Day)
AYES:
NAYS:
ABSENT:
FURTHER RESOLVE, that pursuant to-the Code of Albemarle County,
Virginia, Article 2, Chapter tl, Section 11-20, the Board~of Supervisors
of Albemarle County, Virginia, does hereby direct the following refund:
a) C. David Breeden, Speculative Builders License
$63.26
FURTHER RESOLVED, that pursuant to the Code of Albemarle County,
Virginia, Article 2, Chapter 11, Section 11-30, the Board of Supervisors
of Albemarle County, vfrginia, does hereby direct, the following refund:
a) Mrs. Josephine C. Saunders, Professional License
$12.50
FURTHER, all supporting papers verifying these requests are to-be
filed in the permanent records of the Board of Supervisors.
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
No. 13. Appointments. Mr. Carwile made motion to appoint the firm of Dulaney & Farmer, of
Charlottesville, Virginia, to conduct an audit of County records for the fiscal year ending June 30,
1975; and also to serve as auditors for the "Turn-over Audit" to be conducted immediately upon the
appointment of Mr. Ray Jones as Director of Finance. Motion was seconded by Mr. Thacker, and
carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Mr. Thacker requested appointments to the Economic Development Commission be carried over to
the next regular meeting.
Mr. Wheeler requested appointment to the Airport Commission be carried over to the next regular
meeting.
Mr. Fisher made motion to reappoint Mrs. Sally Thomas of West Leigh, Charlottesville, Virginia
to a second term as a member of the Thomas Jefferson Planning District Commission. Her term of
office to expire on June 4, 1978. Motion was seconded by Mr. Carwile, and carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
Mr. Wheeler requested Mr. Fisher and Mr. Thacker obtain names of people to appoint to the
Charlottesville Area Transportation Restudy Committees for the May 28th meeting.
No. 14. Report' of the County Executive for April, 1975, was presented as information.
No. 15.
of the Commonwealth's Attorney for the month of April, 1975, were presented.
Carwile, seconded by Mr. Thacker, these statements were approved as presented.
by the following recorded vote:
~YES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
~AYS: None.
~BSENT: Mr. Wood.
Statement of expenses of the Director of Finance, the Sheriff's Office and the Office
On motion by Mr.
The motion carried
No. 16. Statement of Expenses of the Regional Jail for the month of April, 1975, was pre-
~ented. Upon motion by Mr. Thacker, seconded by Mr. Fisher, this statement was approved as pre-
ented. The motion carried by the following recorded vote:
YES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
AYS: None.
BSENT: Mr. Wood.
No. 17. Joint Security Complex Report. Statement of expenses incurred in the maintenance and
~eration of the Joint Security Complex for the month of April, 1975 was presented. Also presented
~s statement of the Jail Physician and statement of nurses' salaries. On motion by Mr. Carwile,
~conded by Mr. Thacker, all statements were approved as read. The motion carried by the following
~corded vote:
'ES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
YS: None.
SENT: Mr. Wood.
No. 18. Report of the Department of Social Services, for the month of March, 1975, was re-
ived in accordance with Virginia Code Section 63.1-52.
No. 20. Report: Audit of Juvenile & Domestic Relations District Court for the fiscal year
Red June 30, 1974, as prepared by the Auditor of Public Accounts was marked received.
No. 21. Dog Tax Fund. Claim against the Dog Tax Fund from William Batton of Crozet, Virginia
~ two black sheep, killed by dogs on April 19, was received. On motion by Mr. Henley, Mr. Batton
allowed $100.00 for this claim. The motion was seconded by Mr. Carwile, and carried by the
lowing recorded vote:
S: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
S: None.
5-15-75 (Day)
5-21-75 (night
Mr. Batchelor said he would be presenting sometime in the future, a request for the Board to be
administrative signing agent for a United Way program on drug abuse. Mr. Fisher described the
program, which United Way brought before the Thomas Jefferson Planning District Commission for
assistance.
Mr. Wheeler read a letter criticizing the appearance of the County Office Building, as being in
very poor condition and appearance. Mr. Wheeler requested Mr. Batchelor to take care of this mat-
ter.
Mr. Wheeler requested the subject of an appointee to the Library Board be placed on the agenda
for May 28, 1975.
Mr. Wheeler noted that the Supreme Court has ruled that the Board of Supervisors has the authority
to set salaries for the Office of the Clerk of the Circuit Court. He noted that Mrs. Shelby Marshall
has requested a pay and job classification study be conducted for her office. Motion was made by
Mr. Thacker, seconded by Mr. Carwile authorizing the consulting firm of Friez, Schroeder & Lowe to
conduc~ the requested study, with the fee for the study being at the option of the County Executive.
Role was called, and motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
None.
Mr. Wood.
Mr. Fisher read a portion of a memorandum from Mr. Kelly Reynolds, County Fire Marshal, stating
the fire hydrant study for the Sugar Hollow area is being abandoned. Mr. Batchelor said this is
because of water pressure, but Mr. Reynolds is preparing a full report on County fire fydrants for
presentation in June, and more detailed explanations would be given at that time.
Meeting was adjourned at 12:30 P.M.
C h airman
Pursuant to the following notice, which was certified and mailed on May 16, 1975, the Board of
Supervisors of Albemarle County, Virginia, met in special session at 8:00 P.M. on May 21, 1975, in
the County Office Building Board Room, Charlottesville, Virginia, with the following members:
PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr.,
and Lloyd F. Wood, Jr.
ABSENT- Mr. Gordon L. Wheeler.
OFFICERS PRESENT: Messrs. T.M. Batchelor, Jr., County Executive; George R. St. John, County Attorney
and Frederick Payne, Deputy County Attorney.
"This is to give novice of a special meeting called by Mr. Stuart F'. Carwile and Mr. William C.
Thacker, Jr. for the purpose of discussing the Soil Erosion and Sedimentation Control Ordinance."
In Mr. ~Wheeler,s absence, Mr. William C. Thacker chaired the meeting.
Mr. T. M. Batchelor made a few openin~ statements regarding the draft of the Soil Erosion and
Sedimentation Control Ordinance to be discussed. He stated that this draft meets the approval of
the Albemarle County Planning Commission, the Thomas Jefferson Soil and Water Conservation Commissi¢
and Albemarle County staff members. Mr. Batchelor added that since the last draft, there has been
only one significant change. The County, the Thomas Jefferson Soil and Water Conservation District
Commission and the citizen member of the Advisory Committee will now have equal votes. Also, enfor~
ment of the ordinance will be handled by the County zoning administrator. The ordinance as present~
also requires a minimum number of personnel.
Mr. Frederick Payne, Deputy County Attorney, stated that of the several drafts, this is the
most enforceable. The major difference in the latest draft and all others lies in the plan approvi
authority. Zn all but the latest draft, the T~omas Jefferson So~l and Water Conservation District
had final approval of all plans submitted. Zn the latest draft, an advisory committee has final
approval and the Thomas Jefferson Soil and Water Conservation District is strictly a member of the
advisory committee.
Miss Page Godsey, Administrative Assistant, stated that there were four options as to who
should have the plan approving authority. 1) Have a County official appointed as the plan approvit
authority with no input from other sources. 2) Have an advisory committee with representatives fr~
the Thomas Jefferson Soil and Water Conservation District, a private citizen member, and a County
official; with the County official giving the "rubber stamp" to the committee's decision. 3) Have
the4) Have Thomas no Jefferson formal county Soil ordinance, and Water Conservation Disnrict Commission be the plan approving authori
Mr. St. John said in the latest draft, the County does all the work and the Thomas Jefferson
Soil and Water Conservation District Commission helps in an advisory capacity. He added that the
United States Soil Conservation Service, headed in this area by Mr. Gordon Yaeger, has agreed to
review and give opinions on plans, but wilI not get involved in any other work related to the ord~
Mr. Randolph Wade, representing the Blue Ridge Home Builders Association, presented three
recommendations which his association would like to see added to the proposed ordinance. !) Eli~
jail penalty in enforcement and levy fines instead. 2) Concern over bonding requirements. 3)
Requests a representative of the community be placed on the advisory committee.
Mr. Fisher voiced concern as to whether the County will effectively be able to enforce the
~dinance, or if enforcement could better be handled by some State agency. He added he would not
......... ~ ~ would allow continuous offenders to avoid penalization..