1972-06-28N18-.3
A regular meeting of the Board of County Supervisors was held on June 28,
1972, at 7:30 P.M. in the Albemarle County Court Housey Charlottesvilley Virginia.
Present: Messrs. Stuart F.-Carwile, Gerald E. Fisher~ J. T. Henley, Jr.~
William C. Thackery Jr.~ Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: -None
Officers present: County ExeCutive.
At the June 15 meeting of the Board a request was received to review
restricted roads on plat of Quan~ry Farm for a Mr. Spradlin. Mr. Humphrey stated
that this request four restricted roads had been withdrawn by Mr. Spradlin.
Motion was offered by Mr. Wood f~ Mr. Spradlin to withdraw this request
without prejudice._ Motion was seconded by Mr. Fisher and carried by the
following recorded vote:
AYES.:
NAYS:
Messrs. Carwile, Fishery Henleyy Thacker,-Wheeler-and Wood.
None.
Mr. Carwile offered the~follg~~ resolution:
WHEREASy Nelson County and Louisa County have expressed a desire to
become a part of the Albemarle-Charlottesville regional library system~
and
WHEREAS, the Board of SuperviSors is of the belief that the counties
in this area would benefit from the enlargement of regional library
facilities~ and
WHEREASy Albemarle County supports the strengthening of its
neighboring counties in governmental services~
NOWy THEREFORE~ BE IT RESOLVEDy that the Board of Supervisors of
Albemarle goes on record that it_ will enter into a contract with Nelson
County and Louisa County as soon as necessary mutually satisfactory
contractual arrangements can be made.
The above motion was seconded by Mr.-Fisher and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwiley Fishery Henleyy Thacker~ Wheeler and Wood.
None.
The following resolution was offered by Mr. Wood:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
Countyy Virginia:
Section 1~ That the Board shall enter into a Grant Agreemenv
with the United States for the purpose of obtaining Federal aid in the
development of Charlottesville-Albemarle Airport by executing the
Acceptance of a Grant_0ffer.
Section 2. That Gordon L. Wheelery Chairman of the Board~ is hereby
authorized and directed to execute said Grant Agreementy in five (~)
copiesy on behalf of the Board of County Supervisors of Albemarle County.
Virginia~ and Lettie E. Nehery Clerk of the Board~ is hereby authorized
and directed to impress the official seal of the County of Albemarle,
and to attest said execution.
Section 3. That the Grant Offer referred to above is incorporated
herein by reference and a copy is attached.
2_86
Department of Transportation
Federal Aviation Administration
Part I -- Offer
Date of Offer 22 June 1972
Charlotte svilte-Albemarle Airport
Project No. 8-~1-0004-01
Contract No. FAEA 1137
TO: City of Charlottesville and County of Albemarle, Virginia
(herin referred to as the "Sponsor" )
FRON: The United States of America (acting through the Federal Aviation
Administration, herein referred to as the "FAA" )
~P~EAS, the Sponsor has submitted to the FAA a Project Application dated
19 June ~;972, for a grant of Federal funds for a project for development of
the Charlottesville-Albemarle Airport (herein called the "Airport"), together
with plans and specifications for such project, which Project Application, as
approved by the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport, 0aerein
called the "Project") consisting of the following described airport develop-
ment:
Land acquisition tracts ! and 2 (approximately 30 acres); Site
Preparation for ILS Glide Slope and NAL~; Installation of
Airfield Light Control Panel; Clearing primary surface, trans-
itional and clear zone, obstruction lighting; Drainage improve-
ments to the Existing ILS Localizer Facility Location
all as more Darticularly described in the property map, Exhibit ~'A", incorpor-
ated in the Project Application and in the plans and specifications as approved
for this project by the Chief, Washington Airports District Office, FAA,
Eastern Begion, Falls Church, Virginia, on 19 June 1972, all of v~aich are in-
corporated herein by reference and made a part hereof;
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the
Airport and Airway Development Act of 1970, as amended ($9 UoS.C. 1701), and in
consideration of (a) the Sponsor's adoption and ratification of the representations
and assurances contained in said Project Application, and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and the operation and maintenance of
the Airport as herein provided, THE FEDERAL AVIATION ADMINISTRATION) FORA~E~ ON
BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay~ as the United States
share of the allowable costs incurred in accomplishing the Project~ 82% of the allowable
costs of Tract 1 (50' x 1000') required for the installation of MALSR and 50% of all
Other eligible costs.
This Offer is made on and subject to the following terms and conditions:
The maximum obligation of the United States payable under this Offer
shall be $175~000.00~'
The Sponsor shall:
begin accomplishment of the Project within sixty days after
acceptance of this Offer or such longer time as may be pre-
scribed by the FAA, with failure to do so constituting just
cause for termination of the obligations of the United States
hereunder by the FAA~
(b)
carry out and complete the Project without undue delay and in
accordance with the terms hereof~ the Airport and Airway
Development Act of 1970, and Sections 152e~1-152·6~ of the
Regulations of the Federal Aviation Administration (I~ CFR 152)
in effect as of the date of acceptance of this Offer; which
Regulations are hereinafter ~eferred to as the "Regulations";
carry out and complete the Project in accordance with the
plans and specifications and property map, incorporated
herein~ as they may be revised er modified with the approval
of the FAA.
The allowable costs of the Pr°ject shall not include any costs determined
by the FAA to be ineligible for consideration as to allowability under
Section 1~2o~7(b) of the Regulations.
Payment Of the United States' sha~e of the allowable project costs will
be made pursuant to and in accordance with the provisions of Sections
1~2~6~-1~2.71 of the Regulations. Final determination as to the
allowability of the costs of the project will be made at the time of
the final grant payment pursuant to Section ~2.71 of the Regulations:
Provided, that, in the event a semi-final grant payment is made
pursuant to Section ~2.71 of the Regulations, final determination
as to the allowability of those costs to which such semi-final
payment relates will be made at the time of such semi-final payment.
The Sponsor shall operate and maintain the Airport as Provided~in
the Project Application incorporated herein and specifically
covenants and agrees~in accordance with ~its Assurance 4 in Part III
of said Project Application~that in its operation and the operation
of all facilities ~hereof~ neither it nor any person or organization
occupying space or facilities thereon will discriminate against
any person or class of persons by reason of raceT color~ creed or
national origin in'~hhe use of any of the facilities provided for
the public on the airport.
e
The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the S~onsor,
This Offer shall expire and the United States shall not be obligated
to pay any part of the costs of the Project unless this Offer has been
accepted by the Sponsor on or before 30 June 1972 or such subsequent
date as may be prescribed in writing by the FAA.
8. In addition the sponsor shall:
(a)
Incorporate or cause to be incorporated in each contract
for construction work under the project~ or any modification
thereof~ the equal opportunity clause as set forth in
Section 202 of Executive Order No. 11~246 of 24 September
1965, or such modification thereof as may be approved by
the Secretary of Labor.
(b)
Incorporate or cause to be incorporated in each bid or
proposal form submitted,by prospective contractors for
construction work under the project the provisions pre-
scribed by Sectipn 152.61 Part 152~ Federal Aviation
Regulations,
(c)
Be bound by said equal opportunity clause in any construc-
tion work under the project which it performs itself other
than through its own permanent work force directly employed
or through the permanent work force directly employed by
another agency of government.
Cooperate actively with the FAA and the Secretary of Labor
in obtaining the compliance of contractors and m~-
contractors with the equal opportunity clause and the
rules~ regulations~ and relevant orders of the Secretary
of Labor.
(e)
Furnish the FAA and the Secretary of Labor such information
as they may require for the supervision of such compliance
and will otherwise assist the FAA in the discharge of ils
primary responsibility for securing compliance.
10.
11.
12.
Refrain from entering into any contract or contract modification~
subject to Executive Order No. 11246 with a contractor debarred
from~ or who has not demonstrated eligibility for~ government
contracts and Federally assisted construction contracts pursuant
to Part II~ Subpart D of Executive Order No. 112~6.
Carry out such sancotions and penalties for violation of the
equal opportunity clause as may be imposed upon~ contractors
and subcontractors~by the FAA and the Secretary of Labor pur-
suant to Part II~ Subpart D of Executive 0~der No. 112W6; and
in the event that the sponsor fails or refuses to comply with
its undertakings~ the FAA may cancel~ terminate or suspend in
whole or in part any contractual arrangement it may have with
the sponsor, may refrain from extending any further assistance
under any of its programs subject to Executive Order 112W6
until satisfactory assurance of future compliance has been
received from such applicant~ or may refer the case to the
Department of Justice for appropriate legal proceedings.
It is understood and agreed that the terms "Federal Aviation Agency" or
"Federal Airport Act~" wherever they appear in this agreement~ in the
project application~ plans~ and specifications ~r in any other document~
constituting a part of this agreement shall be deemed to mean "Federal
Aviation Administration" or the UAirport and Airway Development Act of
1970~" as the case may be.
It is understood and agreed that the typewritten description of airport
development appearing in the second paragraph of Page 1 of the Project
Application is hereby deleted and the typewritten description of airport
development appearing in the seeand "WHEREAS" clause on Page 1 of the
Grant Offer is substituted in'its place and stead.
The~Sponsor's financial records of the project established, maintained
and made available to personnel of the FAA in conformity to Section 1~2.63
of the Regulations of the Federal Aviation Administration (14 CFR 1~2)~
will also be available to representatives of the Comptroller General of the
United States.
The Federal Government does not now plan or contemplate the construction
of any structures pursuant to paragraph 11 of Part III - Sponsor's
Assurances of the Project Application dated 19 June 1972~ and~ therefore
13.
it is understood and agreed that the sponsor is under no obligation
to furnish any areas or rights without cost to the Federal Government
under this Grant Agreement~ However, nothing contained herein shall
be construed as altering or changing the rights of the United Stated
and/or the obligations of the sponsor under prior Grant Agreements
to furnish rentmfree space for the activities specified in such
agree~entso
The Sponsor coven~ ts and agrees, with respect to the clear zones
shown ~n the airport layout plan approved by the Chief, Airports
District Office, Federal AviationLAdministration, and on future
revisions of such plan, if any, that the Sponsor will maintain
the land in such clear zones as to which the Sponsor holds fee
simple title, free and clear of all structures, except those
required as aids to air navigation, unless otherwise authorized
by the FAA.
It is understood and agreed that the United States will not be
obligat~d'~to pay for the land interests included under the project
description and as shown on Exhibit "A", unless and until the Sponsor
has submitted evidence of fee title free and clear of any encumbrances
deemedlobjectionable by-the FAA or lesser property interests
satisfactory to the FAA.
The Sponsor agrees that in acquiring land interests under this
project it will comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and the Real
Property Acquisition Act of 1972 of the State of Virginia.
The Sponsor's acceptance of this Offer and ratification and adoption of
the Project Application incorporated herein shall be evidenced by execution
of this instrument by the Sponsor~ as hereinafter provided, and said Offer
and Acceptance shall comprise a Grant Agreement, as provided by the Airport
and Airway Development Act of 1970, constituting the obligations and rights
of the United States and the Sponsor with respect to the accomplishment of
the Project md the operation and maintenance of the Airport~ Such G~ant
Agreement shall become effective upon the Sponsor's acceptance of this
Offer and shall remain in full force and effect throughout the useful life
of the facilities developed under the Project but in any event not to
exceed twenty years from the date of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By.
Chief~ Airports Division, Eastern Region
PART II-ACCEPTANCE
The City of Charlottesville, Virginia does hereby ratify and adopt all
statements~ representations, warranties~ covenants~ and agreements contained
in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept said Offer and by such acceptance
agrees to all of the terms and conditions thereof.
Executed this
(SEAL)
day of , 19
City of Charlottesvi!le~ Virginia
By.
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
Virginia~ do hereby certify:
acting as Attorney for City of Charlottesville~
That I have examined the foregoing Grant Agreement and the proceedings taken
by said Sponsor relating thereto, and find that the Acceptance thereof by said
Sponsor has been duly authorized and that the execution thereof is in all respects
due and proper and in accordance with the laws of the Commonwealth of Virginia~
and further that~ in my opinion, said Grant Agreement constitutes a legal and
binding obligation of the Sponsor info, accordance with the terms thereof.
Dated at this day of __~191
Title
The County of Albemarle~ Virginia does hereby ratify and adopt all
statements~ represen~ations~ warranties~ covenants~ and agreements
contained in the Project Application and incorporated materials re-
ferred to in the foregoing Offer and does hereby accept said Offer
and by such acceptance agrees to all of the terms and conditions
thereof.
Executed this day of ,1~
County of Albemar~e~ Virginia
B~
~SEAL) Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
~acting as Attorney for County of
Albemarle~ Virginia do hereby certify:
That I have examined Ehe foregoing Grant Agreement and the
proceedings taken by said Sponsor relating thereto~ and find that the
Acceptance thereof by said Sponsor has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance
with the laws of the State of , ~ and further that~
in mu opinion~, said grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Rated at this day of
Title
The foregoing motion was seconded by Mr. Carwile and carried by the
following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley~ Thacker, Wheeler and Wood.
NAYS: None.
Annual appropriation ordinance for the fiscal year ending June 30, 1973
-was presented. Motion to approve same was offered by Nr. Henley, seconded by Nr.
Thacker and passed by the following recorded vote:
AYES: Messrs. Carwiie, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABEENT: Nr. Wood.
ANNUAL APPROPRIATION ORDINANCE OF TEE COUNTY OF ~, VIRGINIA
For the Fiscal Year Ending June 30, 1973
Au ordinance making appropriations of sums of money for all necessary expenditures
of the COUNTY OF ~ARLE, VIRGINIA, for the fiscal year ending June 30, 1973; to
prescribe the provisos, terms, conditions, and provisions with respect to the
items of appropriation and their payment; and to repeal all ordinances wholly in
conflict with this ordinance and all ordinances inconsistent with this ordinance to
the extent of such inconsistency.
BE IT ORDAIk~ED by the Board of County B~pervisors of the COUNTY OF ~~;~, VIRGINIA:
t
~ECTION I
That the following sums of money be and the same are hereby appropriated
from the General Revenue Fund for the purposes specified herein for the fiscal
year ending June 30, 1973:
1. Refunds $ . 1],~00.00
~ECTION II
That the following sums of money be and the same are hereby appropriated
from the General Revenue Fund and transferred to the General 0peratingFund for
the purposes specified for the fiscal year ending June 30, 1973:
1. Board of Supervisors
2. County Executive
3. Planning Commission
4. Engineering Public Works Department
~. Board of Equalization and Assessment
6. Department of Finance-Collection
10.
12.
14-.
Delinquent Taxes
Recording of Documents
Circuit Court
County Court
Commonwealth Attorney' s Office
Juvenile Court
Policing and Investigating
Confinement and Care of Prisoners
Fire Prevention and Extinction
Operation of County Landfills
Lunacy Commission
Public Health
Advance of Agriculture & Home Economics
Parks and Recreation
143,150.00
10,400.00
82,925.00
43,250.00
11,400.00
332,290.00
57,300.00
; 5o.oo
8?5.00
7,710.00
252,935.00
37,610.00
120,300.00
58,590.00
3,0~0.00
35,070.00
35,600.00
Page 1.
20. Elections $ ~2,.5,300 · O0
21. Naintenance of Buildings and Grounds ~,930.00
22. Contribution, Charlottesville-Albemarle Library 127., 555.00
23. Employee Benefits 75,500.00
24. Other Niscellaneous Items 111,083.00
25. Debt Service 50,000.00
SUMMARY
Total GENERAL OPERATING FUND appropriations
for the fiscal year ending June 30, 1973
$ 1,897,788.0o
~CTION III
That the following sums of money be and the same are hereby appropriated
from the General Bevenue Fund and transferred to the School Operating Fund for
SCHOOL P~E(P0~S herein specified for the fiscal year ending June 30, 1973:
10.
11.
12.
13.
14,
7.- Other Auxiliary Agencies
8'
Operation of SchOol Plant
Naintenance of School Plant
Fixed Charges
Capital Outlay
Debt Service
Vocational l~ehabilitation Unit
Administration - School Board
Instruction
Evening, Part-Time Salaries
Other Instructional Costs
Co-ordinate Activities
Auxiliary Agencies-Transportation of Pupils
Elem.& Sec. Education Act-Title I, Low Income
Elem.& Sec. Education Act-Title I, Nigrant
Elem.&~c. Education Act-Title II
Elem.& Sec. Education Act-TitleVI
Division of Justice & Crime Prevention
142,740.00
4,920,925.00
42~,730.00
18,900.00
636,362.00
_ 1,000.00
420,175.00
183,500.oo
89,600.00
116,599.00
1,189,606.00
16,000.00
198,000.00
11,515.00
1 71o.oo
36,790.00
13,470.oo
SUMEABY
Total SCHOOL OPERATING FUND appropriations
for the fiscal year ending June 30, 1973
$ 8,551,.777.00
~ECTION IV
That the following sums of money be and the same hereby are appropriated
from the General l~evenue Fund and transferred to the Capital Outlay Fund for
the purposes herein specified for the fiscal year ending June 30, 1973:
1. Watershed Projects 350,000.00
2. Shenandoah Valley Detention Home 11,000.00
-"'~age 2 ......
SUMMABY
T~tal CAPITAL OUTLAY ~-ilND appropriations
for the fiscal year ending June 30, 1973
SECTION V
$ ~61.000.00
That the following sums of money be and the same are hereby appropriated
from the General Revenue Fund and transferred to the Virginia Public Assistance
Fond for the purposes herein specffied for the fiscal year ending June 30, 1973:
1. Administration
2. Public Assistance
3. ~Services - Day Care
254,240.00
901,880.00
26,400.00
SUMMARY
Total VIRGINIA PUBLIC ASSISTANCE FUND
appropriations for the fiscal year
ending June 30, 1973: $ 1,.1.82~20.00
SECTION VI
That the following sums of money be and the same are hereby appropriated
from the General Revenue Fund and transferred to Cafeterias for the purposes
herein specified for the fiscal year ending June 30, 1973:
I. Cafeterias $ 150,000.00
-SUMMAR_Y
Total appropriation from the GENER~
Section I - General Revenue Fund $ 11,300.00
$97 788.00
Seotion II - General Operating Fund 1, ,
Section III - School Operating Fund 8,551,777.00
Section IV - Capital Outlay Fund 361,000.00
Section V - Virginia Public Assistance Fund 1,18~,520.00
Section VI - Cafeterias ~ 1 T0 ~ 000.00
Total ~12. ~ ~47 ~8~.00
SECTION VII
That the following sums of money be and the same are hereby appropriated
from the McIntire Trust Fund..for the purposes herein specified for the fiscal
year ending June 30, 1973:
t. Mclntire Trust Ftuud
~ ...., ~,500.00
Page 3.
SECTION VIII
That the following sums of money be and the same are hereby appropriated
from the Crozet Sanitary District ~d for the purposes herein specified for
the fiscal year ending June 30, 1973:
1. Debt Service
$ 5~ ~62. ~0
SECTION IX
That the following sums of money be and the same are hereby appropriated
from the Dog Tax Fund for the purposes herein specified for the fiscal year
ending June 30, 1973:
1. Protection of Livestock and Fowls
$ . ,18 o.oo
SECTION X
That the following sums of money be and the same are hereby appropriated
from the Textbook Rental ~nd for the purposes herein specified for the fiscal
year ending June 30, 1973:
1. Textbook Rental Fund $ 79.~00.00
GRAND
SUMMARY
Total Appropriations from All Funds:
...... From General Revenue Fund=
From McIntire Tr~st ~und
From Crozet Sanitary District Fund
From Dog Tax ~mud
From Textbook Rental Fund
TOTAL APPROPRIATIONS
SECTION XI
All of the monies appropriated as shown by the contained items in iSections
I through X are appropriated upon the provisos, terms, conditions and ~roVisions
herein before set forth in connection with said items and those set. forth in this
section.
Paragraph One
Subject to the qualifications in this ordinance contained, all appropria-
tions made out of the General Revenue Fund, the General Operating l~und, the School
Operating Fund, the Capital Outlay Fund, the Virginia Public Assistance Fund, the
Cafeteria Fund, the McIntire Trust Fund, the Crozet Sanitary District Fund,
the Dog Tax Fund and the Textbook Rental Fund are declared to be maximum, con-
ditional and proportionate appropriations--the purpose being to make the appro-
priations payable in I~ll in the amount named herein if necessary and then only
in the eVent the aggregate revenues collected and available during the fiscal
year for which the appropriations are made are sufficient to pay all the appro-
priations in full. Otherwise, the said appropriations shall be deemed to be
Page
payable in such proportion as the total sum of all realized revenue of the
respective funds is to the total amount of revenue estimated to be available
in the said Fiscal year by the Board of Supervisors.
Paragraph Two
All revenue receiv~ by any agency under the control of the Board of
Supervisors or by the School Board or by the Board of Public Welfare~ not
included in its estimate of revenue for the Financing of the fund budget as
submitted to the Board of Supervisors may not be expended by the said agency
under the control of the Board of Supervisors or by the School Board or by the
the consent of the Board of Supervisors Being
Board of Public ~Velfare withou~au~ of these agen.c~ies or boards make expenditures
~ first obtained. ~or may
which will exceed a specific item of an appropriation or make transfers between
specific items of appropriation without the consent of the Board of Supervisors
being first obt~ed.
Paragraph Three
All balances of appropriations payable out of the General Operating
Fund, ~the School Operating Fund, the Capital Outlay Fund, the Virginia Public
Assistance Fund, the Cafeteria F~nd, the Dog Tax Fund, and the Textbook Eental
· ~und of the county treasury at the close of ~usiness on the thirtieth~(~0th)
day of June, 1972, except as otherwise provided for, are hereby declared to be
lapsed into the county treasury and shall be used for the payment· of the
appropriations which may be made in the appropriation ordinance for the next
fiscal year, beginning July 1, 1972.
Paragraph Four
No obligations for goods, materials, supplies, equipment or contractual
services for any purpose may be incurred by any~department, bureau, agency or
individual under the direct control of the Board~ of Supervisors except by re-
quisition to the director of finance; provided, 'however, no requisition for
contractual services--such as communications, travel, fTeight, express--and
membership fees and subscriptions shall be required; and~. Drovided~further
that~no requisition for contractual services~invOlving~the issuance of ~ con-
tract on a competitive bid basis shall be required, but such contract shall be
approved by the head of the con~tracting department, bureau, agency, or individ-
ual ~and the director of finance, who shall be r~esponsible for securin~ such
competitive bids on the basis of specifications furnished by the contracting
deD.$rtment, bureau, agency or individual.
In the event of the failure for any reason-of approval herein required for
such contracts, said contract shall be awarde&~.~throughm~appropriate~action of the
Board of Supervisors.
Page 5-
???
Any 0bli~ations incurred contrar.v to these reauirements shal~ not b.e
cQ~si~ered o.bli~t..ions of the county and the director of~ima~.~.e~sh~lt not
issue any w~rr~nts in oavment..of such oblizations.
Paragraph Five
Allowances out of any of the appropriations made in this ordinance by
any or all county departments, bureaus, or agencies under the control of the
Board of Supervisors to any of their officers and employees for expenses on
account of the use of ~ch officers and employees of their personal automobiles
in the discharge of their official duties shall not exceed nine cents (9~)
a mile of actual travel. ~'
Paragraph Six
All travel expense accounts shall be submitted on forms and abcording
to regulations prescribed or approved by the director of finance.
Paragraph Seven
All ordinances and parts of ordinances inconsistent with the provisions
of this ordinance shall be and the same are hereby repealed.
THIS ORDINANCE SEALL BECONE EFFECTIVE ON JULY FIRST, NINETEEN HUNIlqED AND
EEVE~-T~.
Page 6.
199
Communication was received from Mr. Clarence S. McClure asking for special
appropriations for items that were covered 100% by special State allocations.
Upon motion by Mr. Carwile, seconded by Mr, Fisher, the following resolution
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 sum of $7,76~.81 be'and the
same is hereby approprizted'as follows:
1. Agriculture, Business Education and Home
Economics Equipment - $2,639.97
2. Distributive Education and Agriculture
Equipment - $3,52~.8~ '~
3. Library Development - $1,600.00
The Chairman then called for public hearings on the following zoning requests
as advertised in the Daily Progress on-June 15, and June 22, 1972:
(1) ZMP-22~. Stephen A. McClellan. To rezone 8.[ acres from A-1 Agriculture to
R-1 Residential. Property is situated on the west side of Route 606, just north
of the entrance to Chris Greene Park. Propertyis described'as County'Tax Map
32, parcel $ (part thereof), Rivanna Magisterial District.
Mr. McClellan appeared in support of his petition. Mrs. Mary Jo Lovelace spoke in
opposition. Mr. Humphrey stated that the property is well beyond the "North Rivanna
Cluster" area and in an entirely separate watershed serving Chris Green Lake and the
North Fork of the Rivanna River. The petitioner proposes to establish 10 additional
lots as strip residential along Route 606 which would be an extension of the present
12 lots which are now non-conforming relative to existing zoning and the adopted
comprehensive plan. The proposal is for approximately 3/~ acre lots. Mr-~ Humphrey
stated that the Planning Staff and the Planning Commission recommended denial of this
petition. In keeping with recommendation of Planning Commission, Mr. Carwile offered.
motion to deny this request. Motion was seconded by Mr. Henley and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
(2) ZMP-225. George Lovelace and Robert Lutz. To reEone 6f767 acres from A-1
Agriculture to R-1 Residential. P~operty is situated on east side of Route 657
(Lambs Road), 0.7 mile north of Route 6~7 intersection with Hydraulic Road at
Albemarle High School. Property is described as County Tax Map $5. Parcel 19B,
19C, and 20, Jack Jouett Magisterial District.
Mr. Humphrey ~ave the following report. The property abutts R-2 zoned land, developed
with duplex units, to the north; A-1 zoning to the west; R-3 zoned land orientated to
Hydraulic road exists to the east and a pocket of A-1 zoning exists to the south. LamSs
Road appears to have a 30 foot right-of-way which termird~es just north of the subject
proPerty with feet of pavement. A dwelling exists on the property. The area is
rural-surburban. There:is a recorded easement which serves approximately two acres
of the total acreage. A seven (7) lot subdivision exists in the immediate area with
200
an ,average lot size of 3.14 acres. Lot size occuring mostly in 2'pius acres.
The subject property lies in an area with a maximum density of i.0 dwelling unit
per acre under this plan as adopted. This density of large'lots is shown to
assist in the pro~ection of the~City's~reserWoir and this area is on the
fringe of the urban delineation for the~central coreNof the Land Use Plan.
Within the adopted residential objectives~ it states that medium density
(2 to 4 units per acre) or the existing R-1 category shouid be~served by
public water and sewer. In view of the statements within the adopted ComprehensiVe
Plan~ relative to residential development objectives~ the desire to preserve the
City Reservoir~ and the existing land use and'subdivision of land in-the area;
the staff recemmends denial of medium density under R-1 ~oning and suggests
in
the RS-1 zone, finding it reasonable ~and/.~keeping with the existing character
and the future proposals. Mr. Humphrey reported that-the Planning Commission
had recommended approval of the R-1 zone as requested. Mr. Clyde Gouldman
appeared on behalf of the petitioners. Mr. L0velace and Mr. Lutz were also
present. Mrs. Vickie Burton~ adjaining property owner stated that she felt ~the~
R-1 zoning would be an improvement to the neighborh0od.~nd she had no objec'tion.
Mr. Carwile akked Mr'. Gouldmanif the petitioners would'~be willing to'~accept
RS-1. Mr. Gouldman answered no, stating that RS-1 would leave the land unusable.
Mr. Carwile then offered a motion for denial of the R-1 request as recommended
by the Planning Staff. Motion was seconded by Mr. Fisher and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley and Wheeler.
NAYS: Mr. Thacker and Mr. Wood.
(3) ZMP-227. Hermand and Joyce Sprouse. To remone 3.0 acres from A-1 Agriculture
to RS-1 Residential. Property is situated on north side of Route 649 across
from "Jefferson Village S~bdivision." Property is described as County
Tax Map 32, Parcel 2~F~ Rivanna MaEisterial District.
No one appem~red~in~oppos~ti~n~ ~Mr. Humphrey Stated that the'staff found the
request in keeping with the adepted plan~of development and rep~eS~nSs the
dividing liner in the staff, oPinion~ between the Rivanna Cluster and large lot
development. The staff recommends approval of RS-1 zoning for the parcel. He
stated that the Planning Commission had also recommended approval. Motion to
accept.recommendation of the Planning Staff and Planning Commission was ~offered
by Mr. Wood~ seconded by Mr. Henley and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and WoOd.
NAYS: None.
(4) ZMP-228. Floyd and Fanny Haney. To rezone 2.0 acres from R-2 Residential to
A-1 Agriculture. Property is situated on north side of Route 631 (Rio Road)
in the vicinity of the Vocational-Tech School. Property is described as
County Tax Map'61~ P~rce! 151+B, Rivanna Magisterial District.
Mr. & Mrs. Haney we,re present in support of their petition. Mr. Wheeler presented
letters from H. W. Daniel~ Mrs. J. H. Wetzel~ Clivis M. Harris, Sr.~ Walter E. Fowler~
20i
Louise E. Standley and Mrs. Eliot Clark in opposition to this petition. Mr. Humphrey
stated that it was the desire~of the applicant te obtain this rezOning to permit a
mobile home location for a member of hereimmediate family under a Mobile Home permit
which ~oes not require a public hearing ..... However~ he~stated that the staff.is of the
opinion that this is spot zoning in the reverse indicating the probability that the
zoning in the area as it~.exists was~premature. The area Presently has some substantial
home development in the immediate area. The staff has not and does not~ at this
time~ make a judgment regarding~._housing taste or values. Relative to the zoning
request we feel that the present zoning would be more compatible with the ~xisting
and suggested land use in view of some obnoxious uses that are permitted~in an A-1
zoning. Mr. Humphrey stated t~at the Planning Commission had-recommended d~eni.al.
Motion was offered by M~. Fisher to accept the recommendations of ,the Planning
Commission. Mr. Thacker. seconded the motion and itcarried by the following recorded
vote:
AYES:
NAYS:
Messrs. Fisher~ Henley~ Thacker and Wheeler.
Mr. Carwile and Mr. Wood.
ZMP-230. ~Ray ~la~ Moore. To rezone 2.0 acres from A-1 Agriculture to RS-1
Residential. Property which is located off west side of Route 627 in ~the
area knownas Porters Precinct~ is described as County Tax Map 128A(~)~
Parcel 2~ Scottsville Magisterial District.
Mr. Humphrey stated that this property lies within the Village Cluster of Esmont-
Porters and the one acre request meets the Objectives for residentia'l development.
The staff and the Planning Commission recommended approval of RS-I. MotiOn to accept
the above recommendation was offered by Mr. Thacker~ seconded by Mr. Carwi&e~ and
carried by the following recorded vote:
AYES: Messrs. ~arwile~ Fishery Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
(6)
SP-173. Ruby Sandridge/Albemarle County Zamiag OffiCe, To ~Io~ate atemDorary
public garage for the storage of junk vehicles in connection with a program~of
removal of junk. autos sponsored by the Cou-nty~ of Albemarle and local organizations.
P~operty is situated on.north side of Route 240~ 0.~ mile east of Acme
Visible Records. Property is described as County Tax Map ~6~, Parcel 78~ containing
~ acres~ White Hall Magisterial District.
Mr. Joe Goldsmith made presentation on behalf of the zoning office stating that this
would be for a six-month period and at the end of this time the land will be re-seeded
and graded~ ~rob~bly using County equipment and Park Department personnel. Mr. Humphrey
stated that the Planning Commission unanimously recommended approval. Mr. Henley made
motion to approve as per P~anning Commission recommendation. Motion was seconded by
Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
(7)
Charlottesville-Albemarle Jaycees. Applicants request the Board of Supervisors
of Albemarle County to approve a request to allow the Jaycees Annual Fun Fair
which is to be held from August 27, 1972 through September 9~ 1972., to be located
on Route 2~0 East. Property which is zoned B-1 Business i~ described as County
202
Tax Map 78, Parcel 17 and 17D, Rivanna Magisterial District.
Mr. Wood made motion to approve with recommendation that no parking be allowed
along 2~0 East and that there be adequate personnel to handle the flow of
traffic. Motion was seconded by Mr. Henley and carried by the following recorded
vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
The following resolution was offered for consideration-of the Board members~
authorizing the adoption of the Charier A~reement of the Thomas Jefferson
Planning District Commission and authorizing the Chairman to sign on behalf
of the County:
WHEREAS, the V~rgin~ Area Development'Act (Title 1~.1, Chapter
34, Sections 1~.1-'1400~ et seq., Code of Virginia(19~0), as amended),
authorizes the organization of a Planning District Commission by
written Charter Agreement; and
WHEREAS, pursuant to Title 2.1, Chapter 6.1, Section 2.1-63.~
of the Code of Virginia (19~0) as amended, geographic boundaries of
a Planning District have been established; and
NHERE~S~the governing bodies of the governmental subdivisions
embracing the majority of the population within said Planning District
desire to organize a ?Ianning District Commission by written Charter
Agreement; and
WHEREAS~ the Board of Supervisors of Albemarle County~ Virginia,
desires to join in organizing such a Commission so that Albemarle
County will become a party to such Charter Agreement and be represented
in the compOs±tion of the membership of such Commission~
THEREFO. RE, BE IT RESOLVE~, By the Board of Supervisors of Albemarle
County~ Virginia:
1. That on the 28th day of June, it hereby adopts the CHARTER
AGREEMENT OF THOMAS JEFFERSON PLANNING DISTRICT COMMISSION~ a copy of
which is attached hereto and made a part of this resolution.
2. That Gordon L. Wheeler~ Chairman of the Albemarle County Board
of Supervisors be and hereby is authorized and directed to sign and execz~t~,
on behalf of Albemarle County, the CHARTER AGREEMENT OF THOMAS JEFFERSON
PLANNING ~STRICT COMMISSION~ a copy of which Charter Agreement is
attached to this resolution.
3. That Lettie E. Neher, clerk, be and hereby is authorized and
directed to witness the signature of said Chairman~ and to affix the
official seal of Albemarle County on said CHARTER AGREEMENT OF THOMAS
JEFFERSON PLANNING DISTRICT COMMISSION~ a copy of which is attached
to ?.this resolution.
CHARTER AGREE~BNT OF THE
THONAS JEFFERSON PLANNING DI STRICT CO~f~l SSION
This Charter Agreement to organize a Planning District
Commission made this First day of ~ay, 1970, by and between the
undersigned governmental subdivisions as authorized by the Virginia
Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400,
et seq., Code of Virginia (!950) as amended);
NO~ THEREF0~ it is agreed that:
ARTICLE I
Name, Location, Authority, Purpose
Section t.-~. The name of this organization shall be the Thomas
Jefferson Planning District Commission, hereinafter
called the "C0~BiI SSION".
Section 2.
The principal office of the CONNISSION shall be in
Charlottesville, Virginia. The location of the
principal office may be changed by the concurrence
of three-fourths of the C0~NISSION members present
at a regular meeting, provided that the clerk of the
governing body of eamh member governmental subdivision
has been notified of the contemplated relocation in
Section
writing at least thirty days before such meeting.
The CONNISSION shall be a public body corporate
and politic with all the powers and duties
granted to it by the Virginia Area Development
Act.
Section
Section 1.
The purpose of the CON~ISSION shall be to promote
the orderly and efficient development of the physical,
social and economic elements of the Planning
District by planning, and encouraging and
assisting governmental subdivisions to plan
for the future.
~TI CLE II
Membership
COmmISSION members shall be appointed by the
respective governing bodies of those political
subdivisions which are parties to the Charter
Agreement provided, however that at least a
~majority, but not substantially more than
a majority, of the CO~ISSIONS' membersahall
be elected officials of the governing bodies of
the governmental subdivisions within the
Planning District with each participating
county, city ~nd town of more than 3,500
population having at least one representative,
and the other members being qualified voters
and residents of the District, who hold no
office elected by the people.
Section 2.
Each charter member of the CONMISSION shall
have the following membership depending upon
governmental participation.
Albemarle 2 3 $
Charlottesville 2 3 $
Fluvanna 2 2 2
Nelson 2 2 2
Greene 2 2
Loui sa
Total
Section
Section
Section 1.
Section 2.
2
Vacancies on the Commission shall be filled for
the unexpired term in the same manner as the
original appointment was made.
A~y member of the CONNISSION shall be eligible
for reappointment but may be removed for cause.
ARTICLE III
Terms of Office and Voting Rights
The terms of office of C0~MISSION members who
are also members of governing bodies shall be
coincident with their elected terms of office or
such shorter term as their governing bodies
shall determine. The terms of office of the
citizen members shall be three years.
Each member of the COMMISSION shall have one,
equal vote in all matters before the C0~SSION.
Section 3.
Voting throughout the life of the Thomas
Jefferson Planning District shall carry a
balance by the Urban Governmental Units
and the rural governmental units so that neither
would have a majority vote. Subsequent join-
ing by new political subdivision which
would change their balance within planning
District I0 will have to be agreed upon by a
majority of the Commission members.
Section If.
Section 2.
Section 3-
Section
~RTI~ IV
0I~fi c er s
0i~ficers of the CONMISSION shall consist of
a Chairman and Vice-Chairman who shall be
elected by the membership of the CONNISSION.
The CONNISSION may elect such other officers
as it deems advisable.
The Chairman and Vice-Chairman shall be elected
for terms of one year or until their successors
are elected.
C0~NISSION officers shall be eligible for
reelection.
The OO~N~ISSION shall appoint an Executive
Director who shall be/employee of the
O0E~ISSION and shall serve at the pleasure
of a maJor,i~,~ of t, he membership.
~TIC~ V
Addition or 'Withdrawal of ~embers
Section 1.
Any governmental subdivision within Planning
District Number 10 which is not a part to
this charter agreement at the effective date
there-of desires to join after the creation
of the Planning District will be liable for
the full Fiscal year of current dues.
Section 2.
Any governmental subdivision may withdraw from
the CONNISSION by submitting to the CO~ISSION
in w~iting, at least 90 days before the end of
the C0~iIESION'S then current fiscal year, a
notice 0f intent to withdraw. Such withdrawal
shall not become effective until the C0~[ISSION'S
fiscal year has ended.
Appointment of an Executive Committee and
Adoption of By-Laws
Section 1.
The CG~MI. SSION may designate an Executive
CommitSee and delegate to it such powers as the
COM~ISSION may determine, provided that these
powers are not inconsistent with provisions of the
Virginia Area Development Ac~.
Section 2.
The C0~ISSION may adopt By-Laws and such
~her rules as it deems necessary to govern its
operations.
Section
Section 2.
ARTIC~VII
Meetings
The CO~MISSION shall hold regular meeDings on
a schedule which will be determined by the membership.
Meetings of the C0~NISSION shall be open to the
public, however, the C0~ISSION may hold executive
meetings.
209
ARTIC~ VIII
Amendment s
Section 1.
This Char.ter Agreement may be amended,
supplemented, or superseded only by con-
c. urrin~ resolutions from al! of the
member~ governmental subdivisions of the
CONNIS~ION. All propo,sed-amendments shall
be submitted to the CONNISSION for its review
and comment to the member governmental
su~bdivi sion s.
~RTICLE ~X
Date of Organization
Section 1.
The organization of the Thomas Jefferson
Planning District Commission shall be effective
on the First day of February, 1971, or at
such time after this date when the Charter
Agreemen~ has been adopted and signed by
that governmental subdivision whose population
Men added to the aggregate population of
those who have already adopted and signed the
Charter Agreement embraces the majority of
the population within Planning District
Number 10.
Motion. _ to adopt the foregoing resolution was offered by Mr. Carwile, seco. nded by
Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
.NAYS: None.
210
Upon motion'by Mr. Carwite~ seconded by Mr. Henley~ the following
resolution was adopted by the following recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood. NAYS:
BE IT RESOLVED that Albemarle County does hereby appeal the
decision of .the State Compensation Board as to salaries for the
Department of Finance and the Sheriff's Officer and
BE IT ALSO RESOLVED that GOrdon L. Wheeler and Lloyd F. Wood~ Jr.
are appointed as representatives of the County on the Appeals Board.
Upon recommendation of the Chairman~ Mr. Thacker made motion to apPoint
Mr. Carwile and Mr. Fisher as members of the Thomas Jefferson Planning District
Commission. Motion was seconded by Mr. Wood and carried by the following
recorded vote:
AYES: Messrs. Carwile~ Fisher~ Henley~ Thacker~ Wheeler and Wood.
NAYS: None.
On motion~ the meeting was adjourned.
None.
Chairman
*** ........ left o~..-above,
Claims against the County amounting-to $1,~8~,628/47 were presented,
examined and allowed, and certified to the Director of Finance for payment
and charged against the following lundin:
General Revenue Fund
General Operating Fund
School ~erating Fund
Capital Outlay Fund
Cafeteria ~kmd
Virginia Public Assistance Fund
~ental Health Services Fund
Dog Tax Fund
Textbook Rental Fund
Crozet Sanitary District Fund
ToE of Scottsville, 1% Local Sale~ Tax
Commonwealth of Virginia-Current Credit
Account
393.06
~?, 900 · 22
663, ?~0.09
24-3,085.51
30,2~5.17
4-1, U30 · 66
?,0~9.5~
2 7.50
~9o.oo
36t .99~.49
Tot&l
$1,585,628.47