1972-01-25 January 2~, 1972
A meeting of the Board of County Supervisors of Albemarle County, Virginia,
adjourned from January 20, 1972, was held at 7:30 P.M. on this date in the
County Eoumt~House~.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.,
~illiam C. Thacker, Jr.],. Gordon L. 'Wheeler, and Lloyd F, ~Vood, Jr.
Absent ~ None.
Also Present: County Executive, County Planner and several members of the
Planning Commission.
Nr. -~eeler announced that there were several matters of County business
which needed to be considered by the Board before opening the public hearing on
the VEPC0 zoning request.
Mr. ~o~d nominated Er. Jack Schwab and Er. ~ank Brown to complete the
Equalization Board appointments for the year 1972, which nominations were secon-
ded by Nr. Thacker. Er. Schwab and Er. Brown were approved for appointment to
the Equalization Board for the year 1972 by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, '~heeler and ~ood.
NAYS: None.
Nr. 'Wheeler appointed Messrs. ~ood, Carwile and Batchelor as a committee to
make :..a study and recommendation on request of the Electoral Board submitted at
the regular January meeting of this body.
Discussion was given to the need for counsel on legal matters by this Board
and other Co~uty boards and departments. Er. Thacker made a motion, seconded
by Er. Henley, that the Board of Supervisors request the Commonwealth's Attorney
of Albemarle County to provide legal counsel to the Planning Commission, the
School Board, the Board of Supervisors and all other departments and agencies Of
the County and in the event that such legal assistance is not provided that the
County employ a part-time County Attorney. On motion by ~r. Carwile, Er. Thacker's
motion was amended to read as follows:
~iEREAS, legal assistance to the Planning Commission, the School
Board, the Board of Supervisors and all other county agencies and de-
partments has in the past been rendered to the County through the
Commonwealth Attorney's office by the Commonwealth Attorney himself,
or through an Assistant Commonwealth Attorney; and
WHEREAS, the County of Albemarle has previously had an Assistant
Commonwealth Attorney whose job was to serve as a legal advisor to
the County on civil matters; and
WEEREAS, THE Commonwealth Attorney has indicated to this Board
that neither he nor his present Assistant Commonwealth Attorney would
have ~the time to advise the County of Albemarle on civil matters; and
WHEP~EAS, the Planning Commission and the School Board have re-
quested that they-be provided with legal counsel; and
~IEREAS, the County of Albemarle has an immediate need for legal
assistance to the Planning Commission, the School Board, the Board of
Supervisors and all other agencies and departments;
NOW', THEREFORE, BE IT 1KESOLVED, that the Board of Supervisors of
Albemarle County requests the Commonwealth Attorney to designate an
Assistant Commonwealth Attorney to serve the County exclusively on
civil matters as the legal advisor to the Planning Commission, the
School Board and the Board of Supervisors and all other agencies and
departments of the County and that a request be made to the State
Compensation Board to participate in the salary of the Assistan~ Com-
monwealth Attorney, and that if the Commonwealth Attorney fails to so
designate an Assistant Commonwealth Attorney that the Board of Super-
visors proceed to hire a part-time County Attorney.
Resolution carrie& by the following recorded vote:
AYES: ~essrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
N~f S: None.
The Chairman calle5~ for public hearing on request of Virginia Electric and
Power Company for a Conditional Use Permit to place an electric substation on
1.76 acres located on l~oute 782 in the Nob Hill Subdivision and to construct a
transmission power line on a route near Route 708 south of Charlottesville on a
line parallel to Route 631 to the proposed substation.
Mr. Humphrey reviewed the history of this application, advising that the
Planning Commission recommended approval of the line as proposed with the pro-
vision that steel poles be used. However, at public hear&ng conducted by this
Board on December 16, 1971, considerable opposition was received from the
public and two alternates were discussed, one closely paralleling the Southern
Railroad and Route 29 and the second utilizing A.T.&T. right of way. At that
time, it was pointed out that property owners along the two alternate routes
were not aware of these new proposals and action was deferred until this meeting
in order that they might be heard. N~. Humphrey advised that letters had gone
forth from his office to all property owners along the three routes under con-
sideration.
Mr. William Perkins, attorney for VEPCO, briefly reviewed his client's
position and introduced P. G. Morrissett, Area Manager; Cecil Smith, District
Supervisor; and B. M. ~arshall, Transmission Engineer. Mr. Marshall reviewe&
the proposed lines and called attention to the increased costs and difficulties
which would be encountered by VEPCO on the alternate routes.
Eost of those appearing at this meeting were residents affected by the
proposed alternate routes and expressed opposition to all three but seemed to
feel that the original route was the most acceptable. Those speaking in opposi-
tion to the alternate routes were Dr. Frederick G. Tice, Fred Deiht, Bobert
Seldon, James Hagan, Frances Joseph, George Naverick, H. G. Hobbs, Bobert
Dripps, George Bailey, Bob Nerkel, Seldon Garrison, Phillip Bassler, Nfs.
Herbert Norris and Erla Hagan. A number of petitions and communications were
also submitted.
Dr. James Bespass, who was in opposition to the original proposal, urged
that the Board not let VEPC0 force number one as the lesser evil and asked that
the Board request VEPCO to submit a better approach.
After hearing everyone who wished to speak, Nr. ~heeler announced that the
public hearing was concluded and the Board would make a decision on the matter
at its February 23rd meeting.
The Board was advised that the Court Boom had been reserved for Judge
Zehler and Judge Berry on the evening of February 1~, the date set at the last
meeting for public hearing on Service Authority projects. On motion by
Thacker, seconded by Er. Fisher, the date for this hearing was changed to Febru-
ary 16, 1972, at 7:30 P.N. Notion carried by the following ree0rded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and ~ood.
NAYS: None.
Claims against the County amounting to $1,097,97~.94 were presented,
examined and allowed, and certified to the Director of Finance for payment, and
charged against the following funds:
General Revenue Fund $ 478.09
General Operating Fund 101,781.0~
School Operating SS3,49 . 73
Virginia Public Assi stance Fund 76 ,669 · 43
Capital Outlay Fund 44,321.10
Cafeterias 21,794.12
Dog Tax Fund 1, ~09.64
Textbook l~ental Fund 1,049.61
Nental Health Services 9,942.72
NcIntire Trust Fund 3,8~9.75
County Water Systems 12,~4.72
Commonwealth of Va. Current Credit Account 160,393
Town of Scottsville 1% Local Sales Tax 126[
Total $ 1,097~97~.94
On motion, the meeting was adjourned.
Chairman