1970-02-151
Nr. Eheeler a~tso inquired about Route 660 to Nnrray Nan~acturing Co.
Nr. Warner advised that plans have been started and he has oontacted
Murray regarding the right-of-way.
The Board was ad.vi.seal that the livestock market was flooded twice last
year as a result of storm drainage from Interstate 64. Er.~ Jack Kegley,
attorney for the. liv.est.ock market, advised m that he had contacted the Soil
Conservation Service and they were of the opin~on, that. the floods were
caused by the storm~dr~ainage. The County Executive suggested that. the
matter be referred, tom the Highway Department ~ s Hydraulic Engineer to
determine if the. construction of Route 64 raised the flood plain level and
request a report back to this Board. ~0n motion by Nr. Carroll, seconded by
Nr. Gibson, the recommendation of Nr. Batchelor was accepted unanimously.
The County Executive discussed proposed legislation to increase the
gas tax. Nr. Wheeler stated that he is worried about the revenue going to
Interstate and Primary roads an~ he is concerned about the SecOndary System..
Nr. Batchelor stated that he felt., the formula is wrong because of the cost
of construction in different areas of the State. Nr. 'Wheeler suggested a
meeting with Nr. George C. Landrith, Culpeper District CommissiOner,and Nr.
D. B. Hope, District F~ngineero On mo.tion by Nr.~ Gibson, seconded by Mr.
Yancey, Nr. Batchelor was direct, ed to invite these gentlemen to meet with
the Board here at their convenience to discuss this matter.
Communication was received from R. L. Nunly, President of Orchard
Acres, Inc., requesting that Section 2, Orchard Acres Subdivision, be ac-
cepted into the 'Secondary System. This request was carried over for further
report from the Highway Department.
Communication was received from the Virginia Department of Highways
advising that in accordance with resolutions of this Board adopted on June
19 and October 19, 1969, the following additions to the Secondary System
in Canterbury Hills Subdivision were approved, effective January 1, 1970:
"Westminister Road (Route 1404 extended) - bering at Route
1407 (Bennington Road) thence extending southwestwardly 0.10
mile to Smithfield Road, length - 0.10 mile.
Chaucer Road (Route 140~ extended) - beginning at Route 1407
(Bennington Road) thence ex,'ending southwardly 0.12 mile to
Smithfield Road - length -0.12 mile.
Smithfield Road - beginning at Westminister Road 0.10 mile
southwest of Route 1407, thence extending southeastwardly
0.13 mile to cul-de-sac, length - 0.13 mile.
Nr. S. H. Woodson appeared and asked the Board to reconsider request to
close a portion of the 01d Lynchburg Road. Mr. 'Warner advised that the road
in question ~s not a part of the old State System. It was pointed out that
this is the same request which has been before the Board on several occasions.
191
N~r. ~oodson stated that he had been advised previously ~to contact his at-
torney in ~u effort to .se.t~le this matter and his .attorney felt that the
only solution could come. from this Board. After discussion, motion was made
by Mr. ~neeler, seconded by Mr. Carroll, and unanimously adopted, to hold
public hearing on the request, for abandonment at 1:30 P.~. on April 16,
1970. The County Attorney advised that notice of the hearing Suld be posted
at the Court House, a~three locations on the road proposed for abandonment,
and published in the Daily Progress once a week For two successive weeks.
Mr. 'Wood stated that he had received several calls with regard to the
Milton Bridge being closed. Mr. 'Warner advised that repairs were being made
to damage caused by an automobile which hit the bridge and it should be re-
opened tomorrow.
Mr. Batchelor announced that Mr. Gibson had been appointed to the Finance
and Steering Committee of the National Association of Counties.
Mr. F. E. Paulett and Mr. George 0mohundro appeared and presented copies
of "Scottsville on the James" by Virginia Moore on behalf of the Scottsville
Chamber of Commerce. Mr. Gibson stated that the County was doubly indebted to
Miss MoOre, For history and For her genorisity, it having been pointed oUt that.
the receipts for the book were being donated to the Scottsville Museum and to
Flood Relief. The following resolution was offered by Mr. Wheeler, seconded
by Mr. Yancey, and unanimously adopted:
HE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that this Board does hereby acknowledge with deep
and sincere appreciation copies of "Scottsvill.e on the James, by
Virginia Moore, presented this date by Mr. F. E. Paulett and Mr.
George 0mohundro on behalf of the Scottsville Chamber of Commerce.
This gift is one v~zich will offer many pleasant hours of reading
now and will be a treasured addition to each member's library.
At 10:00 A.M. the Chairman called for public hearing on zoning requests as
advertised in the Daily Progress on January 30, February 6 and February 13,
1970, as Follows:
(1) Z~P-096 - Application of O'Neill Realty and Mortgage Corp. to rezone 1.46
acres located on Route 797 in Yancey Mills from B-1 Business to R-3
Residential. (Deferred 12-18-69 for sixty days at request of owner.)
Mr. Joe Goldsmith of the Planning Department advised that Mr. Gric-e Whitely
of O'Neill Corpi had requested that this petition be withdrawn indefinitely
without prejudice. On motion by Mr. ~eeler, seconded by Mr. Yancey, this
request was unanimously approved.
100
(2) ~_~P. -/AppliCation of Herman A. Howard to rezone 4.4 acres from A-1 Agri-
cultural to RS-1 Residential. Located on Route 708 in the Ivy area.
1 92
No one appeared with regard to this application. Ar. Goldsmith advised that
the staff and Planning Commission recommended approval as submitted. On
motion by Nr. Carroll, seconded by Ar. Wheeler, the recommendation of the
Planning ~ommission was unanimously accepted.
(3) E~P-101 - Application of J. W. Bryant to rezone 2 acres from A-1 .Agri-
cultural to ES-1 Residential. Located on Route 631 near Oak Hill area
south of Charlottesville.
Ar. _Bryant appeared in support of his application; no one appeared in op,
position. Ar. Goldsmith advised that the staff was of the opinion that re-
zoning of this parcel would not constitute spot zoning in view of the fact
that subdivision has taken place of less than two acres both adjacent to and
in the general area. He reported that the Planning Commission recommended
approval of the petition as sulmzitted. On motion by Nr~. Gibson, seconded by
Nr. ~heeler, unanimously adopted, the recommendation of the Planning
sion was approved.
(4) EP-30 - Application of James D. and Alice H. Shisler to locate a "School
of Special Instruction" in a R-3 l~esidential zone. Property is located
in Greenfields Subdivision on Rio Road, west of l~oute 29 North. The
proposed use is a "Dance School".
No one appeared in opposition to this petition. Ar. Goldsmith reported that
the Planning Commission recommended approval subject to conditions recommended
by the staff that the application and site plan meet the minimum requirements
of the zoning ordinance, that the facility be limited to 20% adult and 80%
children, and that the operation of the facility be limited to the use and
omuership of the applicants. On motion by Ar. Wheeler, seconded by Ar. Yancey,
the recommendation of the Planning Co~m~ ssion was unan_~_mously accepted.
Ar. Frank Kessler appeared and reGuested that this Board adopt the same
hours for the sale of alcoholic beverages as recently adopted by the City of
Charlottesville, extending the sale from 12:00 N~dnight to 1:00 A.A. After
some discussion of this matter, motion was offered by Ar. Wheeler, seconded by
Ar. Carroll, and unanimously adopted, referring the matter to the County At-
torney for recommendation at the next regular meeting. The Chairman advised
.,~hat he had been approached by Nayor Vogt regarding this matter and it was
decided that the Board would meet jointly with Council to discuss the matter
before taking final action.
Ar. Landon Birckhead questioned the Board's authority to spend large sums
of money without public referendum. He specifically asked where money is coming
for
From/the water line on Route 29 North. The County Executiv. e~advised that the
cost is being borne by the County's general fund in anticipation o~ repayment
by the Service Authority t~ough a loan From the Farmers Home Administration.
Reverend l~oger Ford called attention to the need for water in the Esmont
area. He advised that many residents in the area had been unable to obtain
193
a sufficient amount of water from drilled wells, regardless of the depth.
Nr. Ford also called attention/the discontinuance of bus service to
residents of Esmont.. He advise& that the service between ScottsviI~ and
Charlottesville was discontinued before Christmas without notice.. He
stated that Yellow Cab would operate if they could get right to the route.
After discussion, motion was offered by Nr. Carroll, seconded by Mr. ]Tneeler
and unanimously adopted, directing the County Attorney to prepare~resolution
requesting the 0orporation Commission to take action to restore bus ser~vice
to the Esmont community. The following resolution, as prepared by the County
Attorney, was offered by N~?~.. Gibson, seconded by Nr. Wheeler, and unanimously
adopted:
HE IT BESOLVED by the. Board of County Supervisors of
Albemarle County, Virginia, that the State Corporation Com,
mission of Virgin~ia be and it her.eby is respectfully requested
to ~romptly take ~uch steps as'may~e within its powers to
require the holder of the franchise for bus service between
Scottsville and Charlottesville, Mr. Kyle Allen, to re-institute
daily round-trip bus service between those points, or, in the
alternative, to surrender his franchise.
Statements of expenses of the Department of Finance, the Sherii~' s Office
an~ the 0~Tice of the Commonwealth's Attorney were submitted for the month of
JanUary, 1970. On motion by Nr. Gibson, seconded by Nr. Wood, these state-
ments were unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail was
submitted along with summary statement of priSOner days for the month of
January,1970. On motion by Nr. Gibson, seconded by Mr. Wood, these statements
were unanimously approved.
Claim of the Jail Physician for January, 1970, was submitted in the amount
of $27.00. On motion by Mr. Yancey, seconded by Mr. Wood, this cl-aim was
unanimously approved For payment.
Beports of the Department of Public Welfare were submitted for the month
of January, 1970, in accordance with Sections 6~-67.1 and 6~-67.2 of the C~de
of Virginia.
S.1.H. Beport was received from Dr. A. F. Sheele for the month of Decem-
ber, 1969, an~ was ordered filed.
Beport of the County Executive was submitted for the month of January,
197~ and was ordered filed.
Claim of the University of Virginia Hospital in the amount df $1 ,~00.26
was sub~i~ted for ~hospitalization of indigent patients uhder ~H for the menth
of January, 1970.. On mo~ion by Nr. Gibson, seconded by Er. 'Wood, the unani-
mously adopted,~t~his claim was approved for payment.
0ommunication..was .meceived from the National Bank requesting substitution
of escrow collateral. The fotiQwing resolution was offered by Er. Carroll,
seconded by Nr. Y~ucey, and unanimously adopted:
'~S, National Bank and Trust Company, Charlottesville,
Virginia, Depository, has request, ed the substitution of certain
securities held by United Virginia.Bank/State. Planters, Escrow
~ent, in accordance with Escrow.Agreement by and between the
said banks, T. ~. Batchelor, Jr., Director of Finance of Albemarle
County, and the Board of Supervisors of Albemarle County;
NOW, THERE~WOEE, BE IT EESOLVED by the Board of Co~onty Super-
visors of Albemarle County, that National Bank and ~Trust Company
be and is hereby authorized to pledge the following:
$100,000.
100,000.
60,000.
40,000.
100,000.
100,000.
100,000.
50,000.
50,000.
50,000.
50,000.
65,000.
50,000.
100,000.
Town of Culpeper, Va. 4.10% Water & Sew~Bonds due 11-1-84.
Fairfax County, Va. 4~.30%~ School Bonds Serial 67-B,due 3-1-80.
Fairfax County, Va. 4~'305 Gen. 0blig. (Geo. Nason Col.) Bonds,
due 3-1-81.
Fairfax. Co~nty, Va. 4.30% Gen. 0blig. (Northern Va. Com.
College) Bonds due 3/1~81.
Hen~ic° County, Ya. ~% Hi ~ghway Bonds, due 12-1-U2.
Town of Nanas~as, Va. 4.10~ due 3-1-~9 ~ater Bonds. ·
'Town of Nanassas, Va. 4. I0% du.e 3.-1-U1 V~ater Bonds.
Nansemond Co. Va. 4.30~ due 12 1 ~8, School and GO Bonds.
Nansemond Co ~ Va. 4.30% due 12-1 -U0, School and GO Bonds.
Nansemond Co. Va. 4.30% due 12-1-81, School and GO Bonds.
Nansemond Co. Va. 4.30% due 12-1-83, School md GO Bonds.
City Richmond, VA. ~% due 1-1-80, Ser.Pub. Impr. Ser. Z.
City l~ichmond, Va. 4~%~ due 1-1-~81, Ser.Pub. Impr. Ser. Z.
City Bichmond, Va. 6~% due 1-1 ~U3, Public Impr. Ser.AA.
AND, Upon the pledge and delivery of the foregoing, United Virginia Bank/
State Planters is hereby authorized to release the following:
500,000. U.S. Treasury Notes ~5D5/8% due 5-15-70.
1,000,000. U.S. Treasury Bonds ~ due 2-15-72.
500,000. U.S. Treasury Notes 4-3/4% due 5-15-72.
50~0,000 U.S. Treasury Bonds 4-1/8% due 11-15-73.
U0,000] Univ. of Va. Dorm. Bev. Bonds Series 1962, 3½% due 6-15-71.
BE IT FURTHER P~ESOL-~_D that copy of this resolution be forwarded
to the National Bank and Trust Oompa~uy and t~ ~United Virginia Bank~State
Planters.
Communication was received from Nonticello National Bank offering additional
escrow to cover increased deposits. The following resolution was offered by
Carroll, seconded by Nr. Yancey, and unanimously adopted:
~S, Nonticello National Bank, Charlottesville, Virginia,
Depository, has deposited certain collateral with United Virginia
Bank/State Planters, Escrow Agent, in accordance with Escrow Agree-
ment by and between the said~zks, T. N. Batchelor, Jr., Director
195
of 'Finance of AlBemarle County, and the Board of County Supervisors
of Albemarle ~o~nt~ ;,
NOW, THERE--, ~E IT RESOLVED by the Board of County Super-
visors of Albemarle County, Virginia, t~at~the deposit of such
collateral be an& the same. is hereby ratified as.follows:
$200,006.00 U. S. Treasury Bills due 4-~0-70.
BE IT _~T~ RESOLVED that co~y of this resolution be for-
warded to Monticello National Bank and to United 'Virginia Bank/
Btate Planters.
The County Executive advised that bids would be received on the Totier
Creek Project at 2:00 p.M. on March 17th.
The ~equest of the Charlottesville,Albemarle Bird Club for enactment of
an ordinance which wonl& require dogs to be restrained in the nesting and
breeding season of birds and small wild life was again brought before the
Board. The Coun~ Attorney reported that this Board does have legal authority
to adopt such an ordinance but stated_ that the wisdom of such ordinance and
the problems involved in its enforcement are an entirely different matter.
After careful consider~ation, it appeared~, to be the consensus of opinion that
the ordinance not be proposed for adoption. On motion by Mr. Carroll, seconded
by Mr. Gibson, unanimously carried, it was suggested that the Bird Club appeal
to ..sportsmen to confine dogs during the mating season in view of enforcement
difficulties of the ordinance.
S.P.C.A. report was received for the month of January, 1~970, a~on motion
by.Mr. Carroll, seconded by Mr. Wheeler, was approved.
Communication was received from Dr. F. A. Iachetta suggesting the forma-
tion of a technical advisory committee to assist the Board with problems
involving technology in one form or another. Copies of Dr. Iachetta's letter
were distributed for study and later consideration.
Communications were received from Mr. Williams T. Stevens, Secretary of
the Commtmity Mental Health Services Board, and Dr. R. ~W. Garnett, member,
endorsing and supporting the Regional Planning Board.
Mr. Leslie Walton, Superintendent of Schools, advised that the low bid
on the Albemarle High School addition was submitted by R. E. Lee and Son, Who
~0mised completion of the first floor by September 1 st. Mr. Walton stated
that $800,000.00 had been promised from the Literary Fund, leaving a balance
of a little over a half million still to be funded. The County Executive
reminded the Board that this money would have to be borrowed. On motion by
Mr. ~heeler, seconded by Mr. Wood, unanimously carried, the School Board was
authorized to accept the low bid submitted by R. E. Lee and Son.
~. Drury Brown and Mrs. Judith H. Campbell appeared on behalf of the
Youth Employment Service. Nfs. Campbell reviewed the pro. gram of the past
year and reQuested~.~the Board, s public support or.the proposed.program for
this year. She also advised that Y.E.S. is requesting an appropriation of
$600.00 toward the supervisor's salary and .seeks. more jobs for youth in
various County activities.. On motion~by Mr. Carroll, seconded by
~heeler, it was ordered, that the Chairman~ appoints, a commit~t~ee from thins
Board to meet with a~ similar committee from City Council. regarding these
requests. Later in the meeting it was decided that the full Board discuss
this matter with Council in a joint meeting to be called in the near future.
On motion by Nr. Gibson, seconded by Nr. Wheeler, and unanimously
adopted, Mr. E. N. Garnett was named as this Board's representative to the
PSanning District Charter Committee.
On motion by Nr. Wheeler, seconded by Mr. Carroll, the following were
unanimously re-appointed to the Charlottesville-Albemarle Economic Development
Commission: Messrs. Roscoe Adams, Jr., Joseph E. Gibson, James Nottingham,
John Rogan, Cecil Smith and William B. Trevillian.
The County Executive recommended that a~p~intment of representative to
the Community ~entai Health Services Board also be deferred for action after
joint meeting with Council. This recommendation was approved.
On motion by Mr. Wood, seconded by Nr. Wheeler, and unanimously carried,
Nr. R. D. Wade, Nr. James A. Nunnally and Nr. Richard B. Florence were re-
appointed to the EQualization Board for the year 1970 and the Clerk was directed
to express this Board's appreciation for the service these gentlemen have
rendered.
On motion by Nr. Gibson, seconded by Nr. Wheeler, the County Executive was
directed to arrange a joint dimuer meeting with City Council to discuss the
several matters referred to in minutes of this meeting.
Nr. D. B. Marshall, as Vice-President of the C. B. Baker Babe Ruth Ba~se-
ball League, requested an appropriation of $337.00 to cover deficit of said
league for the Bast year. He advised that the Albemarle field was used the
past year due to the Lane field being unavailable aRd this necessitated un-
forseen expense of insurance on buses parked near the playing field. The
League had anticipated revenue from tournament .games to reimburse this ex-
penditure. However, weather prevented ~any from attending these games..
Mr. ~arshall requested the appropriation in the interest of recreation. On
motion by Nr. Wheeler, seconded by Nfo Yancey, the following resolution was
unanimously adopted:
19 7
BE IT RESOLVED by the Board of County rStlpervisors Of Albe-
marie County, Virginia, that $337.00 be and the same is hereby
appropriated in the interest of recreation to be paid to the
U. B. Baker Babe Ruth League.
The folloWing resolution was offered by Nr. Wood, seconded by Mr.
Gibson, and adopted, Nr. Yancey cas~ting the only vote against same:
BE' IT RESOLVED by the Board of County Supervisors of Albe-
marle County, Virginia, that this Board supports the Albemarle
County School Board in its request that the State budget be
revised to include fUnds recommended by the State Board of Edu-
cation in order that the Commonwealth may share With localities
the increasing costs of public education.
On motion, the meeting waz adjourned until 7:00 P.M. on March 11,
1970~
Chairman