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1972-03-16 A regular meeting of the Board of County S~pervisors of Albemarle County, Virginia, was held at the County Office Building of said County on the 16th day of ~arch, 1972. Present: ~essrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., "William C. Thacker, Jr. and Gordon L. Wheeler. Absent: Mr. Lloyd.~F. Wood, Jr. Officers present: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by Mr. Wheeler. On motion by Mr. Fisher, seconded by Mr. Henley, minutes of the meetings of February 16, February 17, February 25, ~arch 1 and ~arch 7, 1972, were aD- proved as submitted. ~otion carried by the following recorded vote: AYES: ~ess~s. Carwile, Fisher,- Henley and Wheeler. NAYS: None. ABEENT: ~ess~s. Thacker and ~ood. Communication was received from the Virginia Department of Highways advising that as requested in resolution of this Board, adopted June 17, 1971, the follow- ing addition to the Secondary System was approved, effective ~arch 9, 1972: From Route 627 (0.5 mile south of Route 715) to 0.20 miles east of Route 627 - length 0.20 mile. Communication was also received advising that in accordance with resolution adopted by this Board on January 26, 1972, the following abandonment was approved in connection with reconstruction of Route 764: Route 764 from Route 662 to 0.06 mile southwest of Route 662, length - 0.06 mile. Mr. Fisher asked Mr. R. G. Warner, Resident Highway Engineer, if he had re- ceived any information on the University's access road to its Birdwood property. Mr. Warner advised that his office had received no communications in this regard. Mr. Batchelor stated that the County's planners will be working on this but he did not feel the in-depth study desired would materialize. Mr. Fisher expressed a desire ~o continue pursuit of this project. Mrz. Elizabeth Rosenblum expressed concern over problem of private road entrances onto State roads. She asked if there were a possibility of requiring pern~[t from the Highway Department before issuance of special l~rmits. Mr. Warner advised that any road coming onto a State road has to be checked as to safety, site distance, eto. as a standard requirement but that problems do occasionaly develop. Mr. Humphrey advised that if a policy were adopted to require, highway permits first, it could prevent problems which do sometimes occur. Mr. Carwile requested the County Attorney to look into the legality of steps which would be required by this Board with regard to Mr. Humphrey's suggestion and report back. Nr. Thacker stated that. he concurs with resolution adopted by the previous Board with regard to~ improvements to l~oute 20 South but ism concerned over the fact that the Highway Department might not be giving due consideration to the historic aspects. Nr. Warner stated that he had been over the design features of the southern end with Nr. Floyd Johnson. After some discussion, it was de- cided that Nr. Warner, Nr. Johnson and N~. Thacker would get together to review the pl~ans on~ this project. Nr. Humphrey asked if money had been appropriated on alignment study on Hydraulic Road. Nr. ~Varner advised that something would be started on this with- in the next thirty days, hopeI~lly. Nfs. June Allen appeared on behalf of 'Zero Population Growth and expressed concern about the rapid growth of the University of Virginia and how this affecting the community. Nrs. Allen noted several alternatives suggested by the organization for control of this growth. Nr. Wheeler advised that this would be taken under advisement. ~rs. Richard Niller presented petition urging that the Board of Supervisors appoint in,mediately a Citizens Advisory Committee to evaluate the county problems in water supply and waste disposal and the ikmctions of the Albemarle County Service Authority and requesting that the Board defer further action on Service Authority projects or areas until the committee report is evaluated. The petition was endorsed by IvY Citizens Association, Citizenms~for Albemarle, League of Women Voters, Farm Bureau, CiVic League and Zero Population Growth. Nfs. Oscar Hansen advised the Board that she was interested in obtaining a copy of the Comprehensive Plan but had been advised ~at there were no more copies available. Nr. Humphrey was requested to check on the cost of having additional copies printed and make report to the Board. ~r. Humphrey submitted to each Board member copy of settlement agreement, dated December 1-~, 1971, by and between Northwest Limited Partnership and the property oysters along Hydraulic Road. Nfs. Kate Sandusky of the League of W0m~ ..~oters presented to the Board a recap of questions which came before this Board at public hearing on ~arch 7 at Albemarle High School. Nr. ~heeler announced that committees appointed on Tax Relief and Land Use would be called in some time during-the neXt week. The matter of pending application of Virginia Electric and Power Company for Conditional Use Permit to place an electric substation on 1.76 acres located on Route 782 in the Nob Hill Subdivision and to construct a transmission power line on a route near t~oute 708 south of Charlottesville on a line parallel to Route 621 to the proposed substation, was brought up for disposition. Nr. John Humphrey reviewed briefly the history of this .applica~tion, advising that the Planning Commission had recommended approval of the original route as proposed by VERC0, conditioned upon erection of steel poles for the entire length. Nr. P. G. Morrissett, Area Manager for VEPC0, advised that immediately after the February 23rd meeting of this Board, application was made to the State Cor- poration Commission for certificate of convenience, and necessity. However, due to turmoil currently existing within tlue ~Commission, ne word bad.been received from them as of this date.. He asked if the .Board would be willing to reconsider its request of February 23rd un~er the circumstances. After discussion by the Board, motion was offered by Mr. Fisher to accept the recommendation of the Planning Commission ~rlth the additional condition that in the event three or more structures are rebuilt er replaced within a calendar year, this permit will no longer^valid and VEPC0 must come back to the Board~ of Supervisors. Motion was seconded by ~r. Thacker. In discussion of the motion, Nfs. Norma Deihl expressed concern over the height of poles to be used and stated that she felt this project v~s a violation to aesthetic values. This motion was adopted by the following recorded vote: ~'S: Messrs. Carwile,Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: ~Lr. Wood. The County Executive suggested to VEPCO that they go before the County planners and engineer in early planning stages of future projects to avoid last minute panic and to accomplish better planning. Nr. Humphrey advised that communication was received in January from the City Planning Commission advising of the City's intent to amend the sub6Livision ordi- nance to require that all plats, both preliminary and f~_nal, whether to be re- viewed and approved administratively by the Planning Director or reviewed and approved by the Planning Commission, shall be subject to public notice being given at least five days prior to date upon which action is to be taken on the Plat, such notice to be in the form of a legal advertisement in a newspaper of~ general circulation. He stated that the communication was referred to the County Planning Commission for recommendation. In reporting for said Commission, Mr. Humphrey advised it was felt that the Planner should not accept proposal received by reference only. On mob~ion by Nr. Carwile, seconded by ~Lr. Thacker, the City's proposal was rejected in accordance with Planning Commission recommendation. ~Notion carried by the following recorded vote: AYES: NAYS: ABSENT: ~essrs. Carwile, Fisher, Henley, Thacker and ~ineeler. None. Nr. Wood. Nr. Humphrey propo seal amendment to the County Code, Section 14, which would permit fees to be charged at Chris Green Lake to. help off-set cost of life guards and miscellaneous expenditures anticipated in connection with the recreation area and requested 'that the County Attorney~ prepare {L~aft with proper wording. On motion by Nr. Carwile, seconded by Mr. Thacker, 2:00 P.M. on April 20, 1972, was set as time for public hearing on this proposed amendment to the County Code. Notion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley~ Thacker and Wheeler. NAYS: None. ABSENT: Nr. Wood. In discussion of a time for the foregoing public hearing, the Board~,~s atten- tion was called to the large number of zoning applications being received. It was noted that Fifteen hearings are scheduled for April in addition to two which were deferred by the Planning Commission in March. ~ It was the feeling of the Board that with the increase in number of aPPlications being received; it would be im- possible ~to conduct hearings on all petitions at one time. Motion was offered by Nr. Carwile that beginning May, 1972, the second Wednesday in each month, at 7:50 P.M., be set as a regular meeting of the Board of Supervisors in addition to the third Thursday and fourth Wednesday as previously set at organizational meeting. Motion was seconded by Mr. Fisher and adopted by the Following recorded vote: AYES: l~essrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Mrs. Victoria Craw appeared .on behalf of the Albemarle Historical Society, the Albemarle-Charlottesville Civic League, Citizens for Albemarle and Scottsville Museum and Historic Landmarks Foundation, recommenda~ing the formation of a local Historic Landmarks Commission selected by the Supervisors (and City Council if joint) from names proposed by local planning commissions, civic organizations and other appropriate bodies. The Chairman advised Mrs. Craw that the County will have a committee to work with a City committee and that this matter would probably be put back on the agenda for next month. ~ Statements o.f expenses of the Department of Finance, the Sheriff's Office and the Office of the Co~mm__onwealth' s Attorney were submitted For the month of Felmuary, 1972. On motion by Mr. Carwile, seconded by Nr. Thacker, these statements were approved. MotiOn carried by the following recorded vote:~ AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler, NAYS: None. AB~: Nr. 'Wood. Statement of expenses incurred in the maintenance of the County Jail was sub- mitred along with summary statement of prisoner days for the month of February, 1972. On motion by Nr. Thacker, seconded by Nr. Fisher, these statements were approved by the following recorded vote: AYES: Messrs. Carwile, Fisher, Kanley, Thacker and Wheeler. NK~S: None. ABSENT: ~/r. WOOd. Claim of the Jail Physician was submitted for the month of February, 1972, in the amount of $4~.00, of which two-thirds is reimbursable by the State. On motion by ~r. Carwile, secended by Nr. Henley, this claim was approved for Day- ment by the following recorded vote: AYES: ~/essrs. Carwile, Fisher, Henley, Thacker, and Wheeler. NAYS: None. ABSENT: Nr. Wood. l~eports of the Department of Public Welfare were submitted for the month of February, 1972, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Claims ~ere received from the University of Virginia Hospital in the amounts of $26~.92 and $2,193.84 for hospitalization of indigents under S.L.H. for the months of February and March, 1972. On motion by Nr. Carwile, seconded by Nr. Thacker, these claims were approved for payment by the following recorded vote: AYES: ~/essrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. Wood. Nr. Charles P~rkins, District Extension Agent, appeared with Nr. Richard 'White, County Agent, requesting approval of a t~iephone for the County Agent's automobile. The County Executive suggested that this matter be handled through regular channels as a request by the department head in budget preparation. Mr. Fisher discussed the service to be rendered with Nr. White. Report of the County Executive for the month of February, 1972, was sub- mitred as information. Communication was received from Charles R. Haugh, Commonwealth's Attorney, requesting $100.00 per month to be paid as rental expenses for his office. The County Executive advised that office space was provided in the County Office Building for the previous Commonwealth's Attorney and recommended approval of Nr. Haugh's request. On motion by Nr. Thacker, seconded by ~/r. Fisher, rules with regard to second reading were suspended and the following resolution was adopted by the following recorded vote: AYES: ~/essrs. Carwile, Fisher, Henley, Thacker and ~heeler. NAYS: None. ABSENT: Mr. Wood. BE IT RESOLVED by the Board of County Supervisors of Albe~le County, Virginia, that $~00.00 be and the same is hereby appropriated to rental expenses of the Commonweal~'s Attorney for the months of Narch through June and that $100.00 per month be included as a budget item thereafter. The County Executive advised that funds were not included in the current budget for principal payment on 1971 Literary Fund~Loan since it was not known at the time such budget was prepared that such would be due during this fiscal year. He requested appropriation to cover principal paid on said loan during the past month. On motion by Nr. Carwile, seconded by Nr. Henley, rules with regard to second reading were suspended and the following resolution adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Nr. ~ood. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $27,150.00 be and the same is ~ereby appropriated to cover principal payment dLLe during the current fiscal year on 1971 Library Fund Loan. The County Executive presented check No. H1824, payable to Village Esso Service Center on January 27, 1972, in the amount of $3.7%. He advised that this was a duplicate payment of an account by the school department. On motion by Er. Fisher, seconded by Nr. Thacker, it was ordered that the subject check be can- celled. Notion carried by the following recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Nr.~ Wood. Claim agaizt the Dog Tax ]k~ud was received from Nr. Richard A. Gibson for one bull hereford killed by dogs. The Board was advised that in investigation of this claim, the Dog ~arden had determined that Er. Gibson'~dog was involved in the loss. Therefore, the Dog Warden did not file his 'copy of the claim. This claim was denied and it was ordered that Nr. Gibson be so advised. Claim against the Dog Tax Fund was received from Barboursville Faz~ for eight Dorset ewes and one Western ewe killed by dogs~ On motion by Er. Fisher, seconded by Er. Henley, $2%.00 was allowed for each of the Dorset ewes and $20.00 ~s allowed for the Western ewe. Notion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Nr. Wood. S.P.C.A. report for the month of January, 1972, was received as information. The Chairman requested a recommendation from the County Executive on financ- ing alternates on the community college hid. Mr. Batchelor advised that the cost of alternates could be spread over two fiscal years as budget items. Mr. Thacker reported that lights for the parking area could be rented from ~VEPCO at an annual cost of $4,224.00. The bid on parking area ~lighting was in the amount of $19,900.00. It was noted that funds had been appropriated at an earlier meeting for the County's portion of base bid. After some discussion, motion was made by Mr. Carwile, seconded by Mr. Henley, committing this Board to the County's portion of additive alternate~, for Site development of the Piedmont Virginia Community College. ~otion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None ABSENT: Mr. Wood. The Chairman announced that the meeting of March 29, 1972, would be adjourned until 7:30 P.M. on April 4, 1972, to consider Crozet water project expansion. It was noted that this meeting would be held in the Board Room since the Court Room is being used by the Judge on that night. Mr. Wheeler also announced a work study session on Hollymead for 4:00 P.M. on March 21, 1972, in the Board Room which would be open to the public. On motion by Mr. Thacker, seconded by Mr. Henley, public hearing on Hollymead was scheduled for 7:30 P.~. on April 12, 1972, in the Court House and the Clerk was directed to publish public notice of said hearing. Motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Thacker and Wheeler. NAYS: None. NOT VOTING: Mr. Carwile. ABSENT: Mr. Wood. Mr. Carwile gave committee report with regard to request received from the Electoral Board on January 20, 1972. He stated that it was the committee's opinion that it would be desirable to go to Acme Visible Records system to meet require- ments for up-dating voter rolls and to purchase twelve additional voting machines. On motion by Mr arw~le, seconded by Mr. Fisher, rules with regard to second read- ing were suspended and the following resolution was adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and 'Wheeler. NAYS: None. ABSENT: Mr. Wood. BE IT ILESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $27,7~5.00 be and the same is hereby appropriated to cover the following: 12 Ehoup Voting machines @ $1,840 .......... ~. .......$ 22,080.00 Freight on above ........ ~26.00 1 set Voter registration cards ~~~~~ 2,~74.00 Housing unit for cards . 2 220 00 1 set ~85N-100 Color view guid~ ~~~~ " ' 3o.oo I set 85~-750 Color view guides ....................... 22~.0,,0 Total 27,7~.00 lgr. 'Wheeler advised that Nfs. June T. Noon had submitted resignation as Clerk of the Board of Supervisors, effective April 1, 1972. The County Executive recom- mended that ~i ss Lettie Estelle Neher be appointed on a temporary basis to July1, 1972, and that an additional employee be added in the accounting department to assume part of the duties now handled .by Ndss Neher and to help with increased workload already in that department. After some discussion, motion was oFFered by Nr. Thacker, seconded by Nr. Fisher, ~ Niss Estelle Neher was appointed as interim Clerk to the Board to July 1, 1972. Notion carried by the following recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker and '~heeler. NAYS: None. ABSENT: Nr. Wood. ~tr. Henley reported that his committee had met with regard to the problem of vicious or destructive dogs and submitted a pmoposed ordinance as drafted by the County Attorney. Nr. Pickford read the ordinance as proposed. On motion by N~. Henley, seconded by Nr. Thacker, public hearing on intent to adopt this ordi- nance was set for 10:00 A.N. on April 20, 1972. Notion carried by the following recorded vote: AYES: Nessrs. Cawile, Fisher, Henley, Thacker and '~heeler. NAYS: None. ABEENT.: N.r. ~ood. Claim against ~e Dog Tax Fund was received From l~. T. Bailey for one lamb and one ewe killed by dogs. The Board was advised that the Dog Warden had found the dog involved in this killing to belong to Boderick ~. Gordon and Mr. Gordon had paid to Mr. Guy Via the sum of $30.00, the amount recommended by the warden. However~ Nr. Via had refused this payment and requested payment by the County. On motion by Nr. Thacker, seconded by Mr. Carwile, it was ordered that the County accept the payment From the dog owner and that the sum of $30.00 be paid to Mr. Bailey from the Dog Fund. Eotion carried by the foIDwing recorded vote: AYES: Nessrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ABSENT: Mr. ~ood. The Board was advised that plans are proceeding for the purchase of the Daisy Wetsel property for the joint Vocational-Technical School by condemnation and that the sum of $~1,000.00 (the County's one-half share of seventeen acres at $6,000.00 based on appraiJsal by the Board of Equalization) Will have to be paid to the Court. On motion by Er. Thacker, seconded by Nr~ Henley, rules with regard to second reading were suspended and the following resolution adopted by the following recorded vote: AYES: ~essrs. Carwile, Fisher, Henley, Tha~ker ~ud Wheeler. NAYS: None. ABEENT: Er. Wood. On request of the Chairman, the meeting adjourned to an executive session for the purpose of discussing matters pertaining to annexation/litigation, motion being made by Er. Thacker, seconded by Er. Henley, and adopted by the following recorded vote: AYES: Nessrs. CarWile, Fisher, Henley, Thacker and Wheeler. NAYS: None. AB~NT: Nr. Wood. Chairman xx-×~Resolution, as follows, omitted in error. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the sum of $~1,000.00 be and the same is hereby appropriated as the County's share of Daisy Wetsel property for the joint