1972-03-22 A regular meeting of the Board of County Supervisors of Albemarle .County,
Virginia, was held at the Albemarle County Court House on the 22nd day of Narch,
1972, at 7:30 P.~.
Present: ~essrs. Stuart F. Cat,rile, Gerald E. Fisher, J. T. Henley, Jr.,
'~illiam O. Thacker, Jr, Lloyd F. Wood, Jr. and Gordon L. Wheeler.
Absent: None.
0ffioers present: County Executive and County Attorney.
The chairman called for public hearing on ordinance 'to amend Section 2-1 of
the Albemarle County Code to permit increase in membership of the School Board,
as advertised in the Daily Progress on Earch 8 and Narch 1 5, 1972, and as posted
on the Court House on ~arch 7, 1972. Nr. Carwile read the ordinance, as proposed.
~r. Roger Ford stated that he felt it necessary to have a seventh member of the
School Board as the black community needs representation. Nr. Shirley Chapman
expressed agreement with Nr. Ford's statement as did several persons who did not
identify themselves. Nr. Wood stated that he was in agreement with statements
from the public but wished the membership could have been kept at six with black
representation.~ Nr. Fisher expressed the hope that the increased membership would
be temporary for this four-year period and that the Board can then go back to ap-
pointing six School Board members to include black representation. In further
discussipn, it was agreed on suggestion by Nr. Thacker, that the word "shall" be
changed to "may" in relation to seven trustees. Accordingly, motion was made by
Nr. Wood, seconded by Er. Carwile, to adopt the ordinance as proposed with this
change as follows:
AN ORDINANCE TO A~END AND BE-ENACT SECTION 2-1 OF THE ~ COUNTY CODE SO AS
TO INCREAEE NE~SHIP OF TEE ~~w~ COUNTYi.~SCH00L BOARD FROE SIX TO SEVEN
~r~RS:
BE IT ORDAINED by the Board of County Supervisors of Albemarle County that
Section 2-1, Article I, of the Albemarle County Code, relating to the School Board,
be and it hereby is, amended and re-enacted to read as follows:
"Section 2-1 -- Numbers of members of school board.
The school board of the county may be composed of seven trustees. One trustee
shall be appointed from each magisterial district of the county and one trustee may
be appointed from the county at large. Such trustees shall be appointed in the
manner and for such term of office as is provided by state law."
This ordinance was adopted by the following recorded vote:
AYES: ~essrs. Carwile, Fisher, Henley, Thacker, ~Wheeler and Wood.
NAYS: None.
Nr. Carwile requested the Chairman to appoint a committee to bring back recommenda-
tions on an additional appointment. Nr. ~heeler advised that the Board would serve
as a committee cf the whole and announced that the Board would welcome recommendations
from civic groups and organizations.
At 7:4~ P.N. the Chairman called for public hearings on zoning requests as
advertised in the Daily Progress on N~rch 9 and Narch 16, 1972, as follows:
(1) Z~P-201 - application of Process Engineering & Fabrication, Inc. to rezone
5.0 acres located on south side of Route 240, one-quarter~mile east of Acme
Visible Records in Crozet, ~rom N-1 Industrial to N-2 Industrial.
Nr. Humphrey reported that the start found the use contemplated and the proposed
N-2 zone compatible in all respects and felt the proposed use would be in keeping
with other industrial activities. He lktrther reported that the Planning Commission
recommended granting N-2 by unanimous vote. The main speaker in opposition was
Nfs. Leslie H. Walton, adjoining land owner. Also speaking in opposition were
Nr. Fred Landes, attorney for Nfs. Walton, Dick Ergenbright, Adelaide and Harold
Swain, Bill Barber and Anne Barnes and Laura Brannigan. Communication in opposition
was received from J. B. Hinch, Executive Vice President of Acme Visible Records.
Appearing in support of the application was Nr. Eaton Brooks, attorney, and Nr.
Charles Narkel, president of Process Engineering & Fabrication. Nr. Henley stated
that he could not see N-2 zone being used as a buffer between N-1 and A-1 zones and
offered motion to deny the application. Notion was seconded by Nr. Fisher and
adopted by the following recorded vote:
AYES: Nessrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wo~d.
NAYS: None.
(2) ~P-157 - Application of John A. P~ne III for special permit to allow a perma-
nent mobile home on 2.57. acres of land zoned A-1 and located on the west side
of Boute 20 So~th approximately two miles north of Keene.
Nr. Humphrey reported that the staff and Planning Commission recommended approval
subject to Health Department approval of a septic system, 100 ft. setback from Eoute
20 and removal of existing dwelling on the subject parcel. Nr. Payne was present
in support of his application and advised that the house can be fixed up for occu-
pancy and he has started repairs. In discussion, it was determined that Nr. Payne
would occupy one dwelling place and his sister the other and under the circumstances
this application was unnecessary.. Accordingly, motion was o~Tered by Nr. Wood allow-
ing Er'. Payne to withdraw his application and ordering refund of the $20.00 made for
costs in connection with same. Notion was seconded by Er. Henley and adopted by
the following recorded vote:
AYES: Nessrs. Carwile, Fisher, Henley, Thacker, Wheeler and ~¢ood.
NAYS: None.
(3) ~P-1 59 - Applic~ation of Avery Catlin for special permit to allow a permanent
mobile home on U.0 acres of land zoned A-1 and located on Route 676, approxi-
mately 2/3 mile northeast of its intersection with Route 677.
Er. Humphrey advised that the Planning Commission recommended approVal subject to
health department approval of a septic system and a setback of 100 feet from Route
676. No one appeared with regard to t'his application. On motion by Er. Wood,
seconded by Er. Thacker, the recommendation of the Planning Commission was accepted.
Notion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(4) 2P-150 -[Application of Fred Cobbs for special permit.~fCra present emer-
gency mobile home to be established as a permanent mobile home on land
located on Route 602, north of l~oute 626.
and
(~) ~P-l~l - Application of Bessie Farley for special permit ~ for a present
emergency mobile home to be established as a permanent mobile home on land
located on Route 602, north of Route 626.
Mr. Humphrey advised that these mobile homes were located on this site-during the
August 1969 flood emergency and due to the emergency housing it was necessary to
locate them in violation of the Zoning Ordinance. He reported that the Planning
Commission recommended approval of the two permits subject to health department
approval of septic system, relocation at least 30 feet back from Route 602, and
annual review by the Zoning Administrator. Mr. Marvin BiD~ey appeared on behalf
of Mr. Cobbs. No one appeared in opposition. On motion by Mr. Fisher, seconded
by Mr. Wood, the recommendation of the Planning Commission was accepted. Motion
carried by the following recorded vote:
AYES:
NAYS:
(6)
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NONE.
CUP-149 - Application of Virginia Electric and Power Company for conditional
Use Permit to erect on a right-of-way of 2100 feet in length, a 230,000 K.V.
transmission line, near the intersection of l~outes 231 and 646, and a proposed
substation site consisting of 9.4 acres, Rivanna Magisterial District.
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and m~ood.
None.
Mr. Humphrey reported that the Planning Commission recommended approval subject to
site plan being submitted for review prior to construction of the substation and
that the substation be concealed with two staggere~rows of six foot high white
pines around the perimeter of the facility. Mr. P. G. ~Vorrisette, VEPC0 Manager,
appeared in support of the application. No one appeared in opposition. On motion
by Mr. Wood, seconded by Mr. Thacker, the recommendation of the Planning Commission
was accepted. Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, ~neeler and Wood.
NAYS: None.
(7) ZMP-200 - Application of Auburn Hill Farm Corporation.
The County Executive advised that he had received request this date by telephone
for deferral on this zoning petition for another month. The County Attorney' advised
that this would require re-advertisement of the public hearing. On motion by Mr.
'~ood, seconded by Mr. Carwile, action on z~w-200 was deferred as requested and it
was ordered that the same be re-advertised. Notion carried by the following recorded
The following agreement was submitted by the County Executive:
"THIS AGREEMENT made th_is first day of March, 1972, by and between THE ALBE-
NAR~ COUNTY ~ERVICE AUTHORIT~FF, hereinafter called "Authority" and ~EE BOARD OF
COUNTY SUPERVISORS OF AI~ COUNTY, VIRGINIA, hereinafter called ~"The Board",
WI T NE S SE T H:
~HEREAS, the Authority and the Board have heretofore by agreement of June 19,
1970, made provision for the leasing ~by the Authority to The Board of certain
tracts or parcels of~ land aggregating 445.31 acres, more or less, situated in the
Mint Spring area of the White Hall ~agisterial tDistrict of Albemarle County, Vir-
.ginia, just west of the community of Orozet, being sho~n as Parcels 20B, 21A and
22 on Albemarle County Tax Map Sheet 13 and Parcels 28, 40A and 44A on Albemarle
County Tax ~ap Sheet 55, and
~EREAS, the validity of said agreement has been questioned as lacking con-
sideration to the Authority and further as lacking certification by the consulting
engineer setting forth that the property in question is not necessary or useful
to the operation and maintenance of the water system of the-Service Authority at
the present time, said certification being required by the 1965 bond resolution
of the Authority as set forth on page 27 of said resolution; and
WHEREAS, by resolution of the Authority of February 22, 1972, it has requested
the Board to obligate itself to furnishing the Authority the exclusive right to
the water from the Be~erlC~ek~f~cility belonging to the Board for the duration
of the Authority's initial fifty year existence, said right to water to be free
of charge, and the Board bei~g willing to so obligate itself in return for the
amendment to the June 19, t970 lease, as hereinafter set out, and
-~qEAS, by certificate of John W. McNair, Jr., consulting engineer, of
February 23, 1972, said engineer has certified that the raw water impoundment
facilities at Mint Springs "are no longer used or needed in the Crozet water system',
NOW, THEREFOP~, for and in consideration of the premises, the Board does hereby
grant to the Authority the exclusive right to use water from the Beaver Creek
facility for a period from the date of this agreement through the initial 50 year
existence of the Authority, terminating in the year 2014, or until such time as
the Authority may request a termination of said rights, and
The Authority acknowledging the value of the water rights so granted, does
hereby reaffirm its lease arrangements as set forth in the July 19, 1970 agreement
reserving all the rights to itself as therein set out, and
Said agze~ment of June 19, 1970 as herein~:~amended is in all other respects
ratified and reaffirmed.
WITNESS the following signatures and seals:"
Secretary
COUNTY SERVICE AUTHORITY
Chairman
Clerk
BOARD OF COUNTY SUPERVISORS OF
~ COUNTY, VIRGINIA
Chairman
In discussion of the foregoing, Mr. Fisher stated that he felt 42 years was unreason-
able and would unduly tie down the water supply of Beaver Creek; further, tl~at a
year to year or a three year agreement would be preferab~cand that interest on
Service Authority ~loans should be a necessary consideration. At conclusion of dis-
cussion, motion was offered by Mr. Carwile to approve the foregoing agreement and
authorize the Chairman to execute same. Motion was seconded by Mr. ~ood and adopted
by the following recorded vote:
AYES: ~essrs. Carwile, Thacker, ~heeler and Wood.
NAYS: ~essrs. Fisher and Henley.
Easement was received from Virginia Telephone and Telegraph Company for under-
ground facilities to be placed at Nint Spring Recr~eation Area. The County Attorney
advised that he had reviewed said easament and found it to be in order. On motion
by Nr. Wood, seconded by ~ir. Thacker, said~.easement was approved and the County
Executive was authorized to execute same. Motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, l?~leeler 8lid WOod.
None.
Nr. Ray Jones, Executive Director of the Service Authority, advised that the
F.H.A. allocation was conditioned upon final action by this Board on the Ivy Area
Projects prior to April 28, 1972. ~irs. Alexis EchoDs of Flordon stated that this
matter has been deferred for two months now and summer is coming, and the residents
in that area want water. Nr. Carwile suggested that the Board consider the entire
water and sewer package on April 4, the date previously set for consideration of
the Crozet Water Project Expansion. On motion by 'Mr. Thacker, seconded by Mr.
Carwile, this suggestion was approved. Motion carried b~ the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, 'Wheeler and Wood.
None.
The County Executive advised that he had determined that emergency bill adopted
by the General Assembly allows the County to pay the County Attorney any desired
amount of compensation. On motion by Mr. CarWile, seconded by Mr. Thacker, it
was ordered that the salary of the County Attorney be increased to $10,000 per year,
effective April 1, 1972. Notion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Hanley, Thacker, %~heeler and Wood.
NAYS: None.
Mr. Batchelor submitted statement to the Board outlining need for additional
employee in accounting department, and requested a special appropriation to cover
salary and employee benefits of $1,27~.00 for the remainder of the Fiscal year.
After discussion, motion was made by Mr. Wood, seconded by Mr. Thacker, suspending
rules with regard to second reading and offeri~ng the following resolution:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the sum of $1,27~.00 be and the same is hereby
appropriated to cover cost of an additional employee in the Accounting
Department I~om April 1, 1972 through June 30, 1972.
Resolution was adopted by the following recorded vote:
AIRES: Messrs. Carwile, Fisher, Henley, Thacker, ~heeler and Wood.
NAYS: None.
Nr. -Wheeler referred to letter dated February 16, 1972, from F. R. Lentzsch,
Chairman of the Airport Commission, transmitting statement from the City Attorney
with fregard to airport operations. The Chairman appointed Nr. Wood, Nr. Batchelor
and Mr. Pickford as a committee to work with like City committee on this matter.
Mr. Wheeler adVised that he had been approached by Sheriff George Bailey with
a request that an appeal Board be formed with regard to decisions made by the
Sheriff. This request was referred to the County Attorney.
Mr. Humphrey reported that he had obtained prices on having additional copies
of the Comprehensive Plan printed -- $15~0.00 for one hundred copies, $421.00 for
each additional one hundred or $3,300.00 for'five hundred copies. It was decided
that order be placed for five hundred copies. In discussion of appropriation, the
County Attorney advised that suspension of rules with regard to second reading was
not necessary when a majority of the Board is presen~ and voting. Accordingly,
the following resolution was offered by Mr. Thacker, seconded by Mr. ~#ood, and
adopted by the following recorded vote:
AYES: Nessrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
BE IT ItESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the sum of $3,300.00 be and the same is hereby
appropriated to cover cost of printing five hundred copies of the
Comprehensive Plan and furbher that the sum of $10.00 be charged for
each Comprehensive Plan sold.
The County Executive advised that item for T.V. closed circuit in the joint
jail was taken out because of the cost. However, in a letter from the City Manager
he had been advised that if this was wanted in the future, installation ~ be ap-
proximately $90,000.00. If installed during construction, the Compensation Board
will participate. Mr. Thacker s~ted that he was under the impression that the
closed circuit was included in the bid. He was asked to check on this and report
back.
On motion by Mr. Fisher, seconded by Mr. Thacker, the meeting was adjourned
until 11: 50 A.N. on March 23, 1972. Notion carried by the following recorded
vote:
AYES:
NAYS:
Nessrs. Fisher, Henley, Thacker, Wheeler and 'Wood.
None.
Mr. Carwile.
~hairman