1969-11-20113
A regular meeting of' the Board of County Supervisors of Albemarle County,
Virginia, was held at the Office Building of said County on the 20th day of
November, 1969,
_!~il'I Present: Aessrs. Joseph E. Gibson., Donald Carroll, Gordon L. 'Wheeler,
and R. A. Yancey.
Absent: Aessrs. E. N. Garnett and Lloyd F, 1~ood, Jr.
Officers present: County Executive and County Attorney.
The meeting opened with the Lord's Prayer led by Ar. Gibson, Vice-Chairman,
pre sided.
~- Nr. R. G. Warner, Resident Engineer, reported that he, Ar. Garnett, Nr.
carroll and Ar. Batchelor had viewed the river crossing' on Route 602 at Howards-
ville. He advised that the l~ockfish River comes into the James just above the
location of the bridge which was washed out by the August 19-20 flood. He ad-
vised that a new location, approximately five to seven hundred feet up stream
and above the Rockfish River, would be more feasible economically. Ar. Carroll
stated that he posted a notice at the Post Office that this matter would be con-
sidered 'at this meeting a~d also talked with a number of people in Howardsville.
There appeared to be no objection from the public to the location proposed by
the Highway Department. Ar. Warner stated that two resolutions would be neces-
sary if this meets with approval of the Board.
The following resolution was offered by Ar. Yancey, seconded by Ar. Carroll,
and unanimously adopted:
~AS, bridge crossing the James l~iver on l~oUte 602 was washed
out by the August 19-20 flood; and
'~tEREAS, after study by local and State officials, it has been
determined, that it would not be economically feasible to relocate
said bridge and approaches at its present location;
NOW, THERE--, BE IT I~ESOLVED by the Board of County Supervisors
of Albemarle County, Virginia, that the Virginia Department of High-
ways be and is hereby requested to abandon that section of Route
602 from 0.09~ mile east of Route 626 to the Nelson County line, a
distance of '.~0~5 mile.
The following resolution was offered by Ar. Carroll, seconded by Ar. Wheeler,
and unanimously adopt~
T~, IT BESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that this Board hereby concurs in the relocation
of the Howardsville bridge over the James River Further up stream and
above the Rockfish River as recommended by officials of the Virginia
Department of Highways.
Mr. Warner advised that his department had received correspondence from
Murray Manufacturing Corporation with regard to expansion of facilities and
application for Industrial Access Funds. It was the consensus of ~pinion that
the resolution adopted by this Board on Nay 1 ~ shodld be up-dated. The follow-
ing resolution was offered by Mr. Wheeler, seconded by Mr. Yancey, and unani-
mously adopted:
~[EREAS, request has been made for improvements to ~t~;
Route ~3 to ~urrSY Manufacturing Corporation; and
'WHEREAS, it is the opinion of this Board that the aforementioned
request merits favorable consideration based on expansion of the
facilities of said Corporation, details of which have been submitted
to the Resident Highway Engineer;
NOW, THEREFORE, BE IT RESOLVED by the Board of County 'Supervisors
of J~lbemarle County, Virginia, that the Virginia Department of Highways
be and is hereby requested to allocate Industrial Access Frauds for the
660
immediate improvement of ~../ beginning at Route ~3 and continuing to
the Murray Manufacturing Corporation near Earlysville, _Virginia.
Nr. Warner advised that Route 640 project (Industrial Access Funds on
road to American Telephone and Telegraph Company) has been approved and requested
resolution from this Board guaranteeing necessary rights'of-way. After con-
siderable discussion, it was ordered that the County Planner, County Attorney,
and the Highway Department settle this with AT&T and report back to this Board
before action is taken on this matter.
Mr. Yancey made inquiry with regard to the condition of Route 684. Mr.
Warner advised that this contract has now been accepted and the work will be done,
Mr. Wheeler asked about the old Boyd Tavern Road, Route 616. Mr. Warner
advised that signs will be put up.
The County Executive advised that he had received $11,000.00 in pledges from
citizens on Route 754 (01d Ivy Road) in connection with the storm drainage prob-
lem and the City has agreed to pay for half the cost of this project. He furt~r
advised that communication had been received from the Secondary Roasters Engineer,
Er. H. G. Blundon, stating that they anticipate getting this project under way
during the current fiscal year.
~r. Allen Kindrick appeared on behalf of Stromberg- Carl son Corporation an&
requested Industrial Access Funds in connection with expansion of facilities and
parking areas. Er. Kendrick sub~itted detailed plans. The following resolution
was offered by Mr. Wheeler, seconded by Mr. Yancey, and unanimously adopted:
1'15
'~AS, request has been received from Stromberg-Carlson Cor-
poration for improvements under Industrial Access Law and a repre-
sentative of said Corporation has appeared at this meeting and
reviewed plans for such improvements; and
~WEEREAS, it is the opinion of this Board that improvements as
requested are needed due to the expansion of said Corporation;
NOW, THERE~ORE, BE IT I~ESOLVED by the Board of County Super-
visors of Albemarle County, Virginia, that the Virginia Department
of Highways be and is hereby requested to allocate Industrial Access
Funds for:
(1) The construction of an additional access to the southwest corner
of Stromberg-Carlson property as indicated by #1 on street plan
submitted to this meeting.
(2) The opening and improvement of street shown as #2 on said plan.
(3) Equip the crossover at #~ on plan with traffic control lights so
designed to allow for the proper movement of all traffic without
undue delay.
The Board recognized Nr. N. W. Sandridge, Jr., Chief Investigating Officer
of the Sheriff's Office, who has just completed a twelve-week course at the
F.B. I. National Academy.
Nr. Walter Smith appeared and requested this Board~ to adopt a resolution
supporting President Nixon. Ar. Gibson stated that he has no hesitation as an
individual to offer such support but he does have some reservation as spokes-
man for the County. Notion was offered by Nr. Yancey, seconded by Ar. Carroll,
endorsing Ar. Smith's proposal and instructing the County Attorney to prepare
proper resolution, This motion carried.
Ar. Wesley Harris appeared, along with Reverend Roger Ford and several
citizens, and questioned the procedure folloW~.d~ by the Board in its ~ decision
with regard to night meetings. Ar. Harris stated that he did not feel the
matter should have been decided upon by the County Executive. He was advised
that the Board requested the County Executive and County Attorney to study the
matter since the former was most f~liar v~th routines of the various depart-
ments and matters which have to be brought to the Board and the latter could
advise regarding the legal aspects. Ar. Harris was further advised that the
matter is not closed as stated in repomr~t of the committee which was accepted by
the Board, a copy of which Nr. Harris said he had read.
At 10:00 A.M. the chairman called for public hearing on zoning requests
as advertised in the Daily Progress on October 31, November ? and }~ovember 14,
1969, as follows:
(1) Z~P-061 - request of Lloyd ~cDaniel to rezone ~.32 acres from A-1 to
to construct single f~ily dwellings. (carried over)
Miss Ellen Nash, Attorney, appeared and requested that this application be
dismissed ~.l~hout prejudice due to Mr. NcDaniel's illness. On motion by Mr.
'Wheeler, seconded by Nr. Yancey, and unanimously carried, ZMP061 of Mr. Lloyd
~cDaniel was dismissed without prejudice.
(2) ZMP-086 - Application of Pauline Coles to rezone 6.77 acres from A-1
to E-1, located on Route 20 North approximately one mile north of Key
We st Subdivi sion.
Mr. Humphrey, County Planner, advised that Mrs. Coles had stated at meeting of
the Planning Commission .that she would b~ agreeable to RS-I. Mrs. Coles did
not appear before this meeting and no one appeared in opposition. Mr. Humphrey
advised that the staff and Planning Commission recommended that the subject
property be rezoned RS-1. On motion by Mr. Wheeler, seconded by Nr. Yancey,
and unanimously carried, the recommendation of the Planning Commission was ac-
cepted.
(3) ~-087 - Application of ~outhgate L. and Catherine Wynne to rezone 3.5
acres from B-1 to A-1, located on east side of Route 20, North, approxi-
mately 600 feet north of Route 2~0 East.
Mr. 'Winne was present and stated that he feels he is a victim of zoning. He
cited the tremendous increase in his real estate tax and advised that the sub-
ject property's existing use is for the keep of livestock. Nr. Winn felt -~he
property should be assessed on the basis of its use rather than best use as
determined under the zoning ordinance. Nr. Humphrey advised that the staz~f and
Planning Commission recommended denial of the request, noting that it was their
opinion that the highest and best use of this property is B-1 considering its
relationship with adjoining business areas and its location. On motion by Er.
Wheeler, seconded by Mr. Yancey, and unanimously carried, the recommendation of
the Planning Commission was accepted.
(4) ZMP-088 - Application of Richard Hines to rezone 2.294 acres from A-1 to
RS-l, located near White Hall on t~oute 67~ approximately one mile south
of RoUte 614.
Reverend Hines appeared in support of ~his application. No one appeared in
opposition. Mr. Humphrey advised that an approved RS-1 zone exists about 3,000
feet north of the subject property and a subdivision containing less than two-
acre lots is located approximately 700 feet west of this property. He further
advised that the Planning Commission recommended approval of the application.
On motion by Mr. Wheeler, seconded by Mr. Carroll, and unanimously carried, the
recommendation of the Planning Commission was accepted.
(~) Z~-090 - Application of Robert ~. Lumpp to rezone 5.38 acres from A-1 to
RS-1, located on Route 20 North approximately 1800 feet south of the
intersection of Routes 746 and 20.
Mr. Lumpp appeared in support of this application. No one appeared in opposi-
tion. Mr. Humphrey advised that the character of the area is rural, the
the principal land use is agricultural and the principal residential use is the
estate and, therefore, the staff would suggest deferral umtil completion of the
Comprehensive Plan. Ar. Lumpp stated that he wished to develop rental houses
om this property as he felt there was a real need for such houses in the area.
Ar. Humphrey advised that the Planning Commission recommended denial on basis
of the staff report. Action was offered by ~r. ~aeeler, seconded by ~r. Carroll,
amd Unanimously carried, accepting the recommendation of the Planning Commission.
(6) Z~P-084 - Application of Ida Sand_ridge to rezone 3.74 acres from A-1 to
RS-I, located south of Route 2~0 West at the intersection of Route 689 with
Route 250.
No one appeared concerning this application. Nr. Humphrey advised that the staff
and the Planning Commi ssion recommended approval. 0n.mmOtion by Nr. Yancey,
seconded by Ar. ~heeler, and unanimously carried, the recommendation of the
PLanning Commission was accepted.
Statements of expenses of the Department of Finance, the Sheriff's Office,
and the Office of the Commonwealth's Attorney were submitted for the month of
October, 1969. On motion of Nr. Carroll, seconded by Nr. Yancey, these state-
ments were unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail was
su~mnitted along with summary statement of prisoner days for the month of October,
1969. On motion by Ar. Yancey, seconded by Nr. Carroll, these statements were
unanimously approved.
Claim of the Jail Physician in the amount of $28.00, two-thirds of which is
reimbursable by the State, was submitted for the month of October, 1969. On
motion by Nr. Yancey, seconded by Ar. Carroll, and unanimously carried, this
statement was approved for payment.
Reports of the Department of Public We~are were submitted for the month
of October, 1969, in accordance with Sections 63-67.1 and 63-67.2 of the Code
of Virginia.
S.L.H. Report was received for the period July-September, 1969, and was
ordered filed.
Claim of the University of Virginia Hospital in the amount of $1,822.~0
was submitted for hospitalization of indigent patients under SLH for the month
of October, 1969. On motion by Ar. Yancey, seconded by Nr. Carroll, and unani-
mously carried, this statement was approved for payment.
Report of the County Executive was received for the month of October, 1969,
and was ordered filed.
12:8.
The County Executive s~ubmitted easement to construct, install and maintain
water transmission pipe line on property of 'Wendell W. and ~arlene C. -Wood, said
easement including the right of the owners to require the County to move such
line in the event a building or buildings are constructed on the mubj ect proper-
ty at a future date~ This lease was discussed at length after which the County
Attorney was requested to a~end same to include a time limit on construction
and also to include limi t on the number of times of construction. On motion by
Nr. 'Wheeler, seconded by Nr. Yancey, unanimously carried, the Chairman was
authorized to execute the amended document.
The County Executive submitted two options prepared for the purchase of
certain real estate~ by the Albemarle County Service Authority from the County
of Albemarle. After consideration of this matter, the following resolution was
offered by Nr. Yancey, seconded by Nr. Carroll, and unanimously adopted:
BE IT I~ESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that this Board hereby grants option to the Albe-
marle County Service Authority to purchase the following described
property:
(1) All the water improvement facilities designed by John NcNair
and Associates, consulting Engineers, and captioned "North Rivanna
River Water Facilities Phase II for Albemarle County". The project
was advertised on July 1, 1969 and awarded to ~. L. Bider and Co.
Warrenton, Virginia.
The facilities consists of a 12 inch transmission main along
U.S. Route 29 from Carrs~rook Subdivision to Came~lot Subdivision a
distance of approximately 22,700 ft. and along Route 649 from U.S.
Route 29 to Airport entrance a distance of approximately 3600 ft.
with appurtenances thereto.
(2) All that certain tract or parcel of land containing 6.5t acres,
more or less, with improvements thereon lying on the North Fork of
the Rivanna River in Albemarle County, Virginia described by metes
and bounds on a pleat prepared by Huffman -Fo st er and Associates
dated July 1 5, 1969 captioned, "Plat Showing Water Treatment Plant
Site~' which is recorded in Deed Book 464 - P.473 of Albemarle
County Clerk's Office.
This parcel of land was conveyed to the Board of Supervisors of
the County of Albemarle by Camelot of Albemarle~ Inc. by.deed dated
September 26, 1969 and recorded in Deed Book 464 Page 469 of Albe-
marle County Clerk' s ~0ffice.
AND BE IT ~THER I~ESOLVED that this Board further ratifies
action taken by the Chairman and County Executive in this connection.
Communication was received from Nr, Hugh F. Simms, Jr., Director of Real
Estate Assessments, advising that in 1967 Nr. Ray A. Graham, III, sold to the
Commonwealth of Virginia 14.38 acres of land off of a 96.27 acre tract. The
assessed value of this property was reduced on the office records but correc-
tion of the land book was overlooked, resulting in payment of tax on the entire
parcel. Nr. Simms requested authorization to refund to Nr. Graham the sum of
119
$56.68. On motion by Nr. Wheeler, seconded by Nr. Yancey, and unanimously
carried, tax refund in the amount of $56.68 to l~ay A Graham, III, was ap-
proved.
Notice was received from the State Corporation Commission of public
hearing scheduled for 10:00 A.N. on December 2, 1969, at Blanton Building in
Richmond, Virginia, on application of Wilson Trucking Corporation to operate
as a common carrier between Charlottesville and Palmyra, via Route 53, serving
~Lake ~onticello as an off-route point.
S.P.C.A. Report was submitted for the month of October, 1969, and on
motion by Nn ¥~ancey,. seconded by Nr. Wheeler, was unanimously approved.
Communication was received from Nr. Ray B. Jones, Asst. Director of
Finance, advising that he had received request from Eathias Stores in Scotts-
ville for proration of personal property tax due to losses sustained in the
August 19-20 flood. The County Attorney advised that in strict adherence to
the law, he would have to advise against such proration. Nr. ~arshall was re-
quested to investigate this matter and to report to the Board on December ~.
It was pointed that this date is after the tax deadline and the Clerk was
instructed to advise Er. Nathias to pay the tax as billed before December ~ in
order to avoid penalty and that i~° it were determined that proration could be
made within the law, a refund would be considered.
The Board~$attention was called to the fact that terms of Williams Clontz
and Dave Wood on the Airport Commission would expire on December I and terms
of Avery Catlin and William Trevillian on the Planning Commission would expire
on December 31. On motion by Er. Wheeler, seconded by Nr. Carroll, and unani~
mously carried, this matter was deferred until the regular December meeting.
At 1:30 P.N. the Chairman called for public hearing on zoning requests as
advertised in the Daily Progress on October 31, November 7 and November 14,
1969, as follows:
(1) Special Permit 1 ~ - Application of Corine G. Payne to place a permanent
mobile home on 2.89 acres located on east side of Route ~3, four miles
east of Simeon.
Ers. Payne appeared with her attorney, Nr. Bernard Chamberlain. No one appeared
in opposition. Nr. Humphrey advised that the Planning Commission recommended
approval subject to Health Department's approval for sanitary facilities. On
motion by Nr. Yancey, seconded by Nr. Carroll, and unanimously carried, the
recommendation of the Planning Commission was accepted.
(2) Special Permit 16 - Application of Wilbur ~H. Harrison to place a permanent
mobile home on 2.0 acres located on t~oute 693, south of Batesville.
Nr. Harrison was present. No one appeared in opposition. Nr. Humphrey advised
that the Planning Commission recommended approval subject to Health Department
120
requirements for sanitary facilities, on motion by Nr. Yancey, seconded by Mr.
Carroll, and tunanimously carried, the recommendation of the Planning CommisBion
was accepted.
(3) Special Permit 17 - Application of Lillian B. As. hby to place~a permanent
mobile home on 17.0 a~res located off of Route 6~ immediate±y south of
Orange County Line.
No one appeared in connection with this application. Mr. Humphrey advised that
the Planning Commission recommended approval subject to Health Department's re-
quirements for sanitary facilities. On motion by Mr. Wheeler, seconded by
Yancey, unanimously carried, the recommendation of the Planning Commission was
accepted.
(4) CU-11 6 - Application of Robert Albee to locate a campground for travel
trailers on land described as Map 71, Parcel 3, containing 4.7.11 acres and
located 0.~ milawest of Yancey Mills near Interchange of 1-84 and t~t. 2~0
Mr. and Mrs. Albee were present. No one appeared in opposition. Nr. Humphrey
explained that this application was previOusly approved subject to certain con-
ditions, one of which was the removal of l"G ft. high fence with 4-ft. trees to
be planted in its stead and another being compliance with Highway Department
recommendation for a 30-ft. entrance from Route 2~0. He stated i~mrther that the
camper trailer activity is having to relocate because of Health Department re-
quirements. Mr. Humphrey stated that the Planning Commission recormmended approval
of this application, subject to the following conditions:
A. That four foot trees be planted along the R/W of Route 2~0 West and that
the existing honey suckle fence be maintained.
B. That a deceleration lane be constructed in conjunction with the activity for
a 100 foot length, at the entrance onto Route 2~0 '~st, or in keeping with
the Highway requirements for such facilities, whichever is greater.
C. That the approval of this campground facility be subject to Virginia Depart-
ment of Highways approval on placement of entrance and the width and con~
struction thereof.
D. That 24~hour supervision be made available for the activity during the season
of operation.
E. That the access road from the entrance onto the facility, to the office
facility be paved and maintained. All other access roads are to be provided
with a dust-proof surfacing and maintained.
F. That trees be planted for the shade and convenience of the campers where not
existing, primarily north of Stockton Creek.
G. That the approval of the activity be subject to City-County Health Department
approval on sanitary facilities.
H. Any addition to the existing proposed facility as shown in the site plan as
submitted with this application shall be reviewed by the Commission.
I. In all cases, the activity shall adhere to the more restrictive requirements,
be they the County of Albemarle's or Safari Campground of America~:~ Inc.
J. That a 60 foot buffer strip be provided on the west, south and east property
lines which is to be maintained. No utilities, facilities or cutting of
trees within the 60 foot buffer strip shall take place.
Mr. Humphrey advised that at a later meeting of the Planning Commission, this
!21
60 foot buffer strip was reduced to 30 feet. On motion, made by Nr. Yance~,
seconded by Nr. 'V~eeler, and unanimously carried, the recommendation of the
Planning Commission, including the November l Sth amendment, was accepted.
Nr. Humphrey discussed the possibility of establishment of Di~strict 10 of
State Planning Districts, v~ich he stated was recommended by Ehe Planning
Commission. The County Executive stated that he would suggest one of the other
counties init%ate this project and this appeared to be the feeling of the Board.
The Board received word of the death of Col. Henry B. Goodloe who served
for a number of years on the County's Electoral Board. The County Attorney was
directed to draft a resolution of condolence, which follows:
~AS, this Board has been informed during this meeting
of the death ~O~day of Col. Henry B. Goodloe, one of the most
prominent and beloved citizens of Albemarle County;
NOW, THEREFORE, ~ IT ilESOLVED that this Board takes this
opportunity to express publicly the sadness felt by all its
members and also to express our sympathy to Nfs. Goodloe and
her family.
Claims against the County amounting to $754,301.67 were presented, examined
and allowed, and certified to the Director of Finance for payment and charged
against the following funds:
General Bevenue Fund
General Operating Fund
School Operating ~and
Virginia Public Assistance Fund
Capital Outlay Fund
Dog Tax Fund
County Water Systems
Town of Scottsville 1% Local Sales Tax
Commonwealth of Va. Current Credit Account
Total
On motion, the meeting was adjourned.
44.98
70,055.27
519,167.4~
33,432.4~
122,545.73
728.99
6~229,,.05
$754,3ol.67
Vice-Chairman