1970-09-1728O
A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia, was held at the Office Building of said County on the 1?th day of
September, 1970.
Present: ~essrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon
L. 'Wheeler and R. A. Yancey.
Absent: Nr. Lloyd F. Wood, Jr.
Officers presen~t: County Executive and County Attorney.
The meeting opened with the Lord's Prayer led by ~r. Garnett.
On motion by Nr. Paulett, seconded by Nm. Wheeler, minutes of the meeting
of August 20, 1970, were unanimously approved as submitted.
The Chairman recognized ~heriff W. S. Cook who retired at the end of' August
for thirty-eight years of service with Albemarle County and certificate of ap-
preciation was submitted to Nr. Cook by Nr. Yancey.
Nr. R. 0. Anderson ~presented to each Board member report on resource inven-
tories for Albemarle County as prepared by the Soil Conservation Service.
Nr. R. G. Warner, Resident Highway Engineer, advised that plans on Route
660 are just about complete and should be in his office shortly.
A Nr. Stokes appeared and requested the Board to recommend tar and gravel
for the unpaved lower end of Route 633, a distance of been 1~ and 2 miles.
'Warner stated that this is not a budget item but he will check into the matter.
Nrz. Elizabeth Rosenblum advised that Route 743 is extremely narrow and re-
quested that sides be scraped and gravel put on the sides for a walkway for
children ~ud for residents walking to the laundry and grocery store in the area.
Nr. Warner advised that there is not sufficient right-of-way for a separate
walkway.
Nr. Gibson stated that the Ballard Road is gradually shrinking in width
and asked if tar and gravel were possible for a wider surface. Nr. Warner stated
that this could be done.
The matter of entrance into ~cIntire School off the Route 2%0 By-Pass was
discussed and the Board was advised that Saheriff Bailey has assigned a Deputy
to this location to direct traffic in the afternoon as well as in the morning.
The County Executive advised that the City had been contacted in the past and
requested to provide supervision of traffic here but had not done so. He said
he would be glad to contact them again. It was pointed out that the blinker
light which was in operation at this location was dismantled during recent con-
struction but Nr. Warner advised that he thought this was being re-installed.
Nr. Gibson recommended that flashing lights be installed at all ~a01s located
on heavily ~traveled roads. On motion by Nr. Gibson, seconded by Nr. Wheeler,
and unanimously carried, it was ordered that this project be referred to the
Highway Safety Commission for study ~nd action.
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~r. ~Frederic 'W. Scott, Jr. appeared on behalf of the newly formed North
Garden Fire Company and requested an appropriation of $8,000.00 for capital
equipment for said company. He advised that land for the building had been
obtained and presented drawings of the propose& building. In discussion which
folloWed it was pointed out that $1,200.00 is allowed annually for operating
expenses of the various volunteer fire companies and $6,000.00 for capital
expenditures, a total of $7,200.00. On motion by Nr. Wheeler, seconded by Nr.
Y~ncey, and unanimously carried, the North Garden Fire Company was approved
for Ik~uding. On motion by Nr. Wheeler, seconded by Nr. Yancey, rules with
regard to second reading were suspended and the following resolution unanimously
adopted:
BE IT BESOLVED by the Board of County Supervisors of Albe-
marle County, Virginia, that $7,200.00 be and the same is hereby
appropriated for use by the North Garden Fire Company.
At 10:00 A.M. the Chairman called for public hearing on Zoning Bequests as
advertised in the Daily Progress on August 28, September 4 and September 11, 1970:
(1) Nr. Garnett advised that he had been requested by ~rs. Victoria Burton to
carry over until the October meeting Z~P-133. This matter was deferred for 30
days at the August meeting and since 30 days had not elapsed between these two
meetings, Nrs. Burton did not know this matter was on the docket until she read
a news article the day before the me,ting. On motion by Nr. 'Wheeler, seconded by
Nr. Paulett, Nrs, Burton's request was granted.
(2) ~9 - Application of John A. Huber to locate a permanent mobile home on
10.63 acres located on Route 615 in the Lindsay area.
Nr. Huber was present in support of his application. No one appeared in opposi-
tion. Nr. Humphrey advised that the staff and Planning Commission r~commended
approval of ~e subject application subject to 50 Foot setback from right-of-way
and Health Department approval for septic system. On motion by ~r. Wheeler,
seconded by ~r. Yancey, and unanimously carried, the recommendation of the
Planning Commission was accepted.
(3~· ~. ~-60 - Application of Samuel B. Gentry to locate a permanent mobile home on 4.? acres located on Route 6 in the Schuyler area.
Nr. Gentry was present. No one appeared in opposition. Nr. Humphrey advised
that the staff and Planning Commission recommended approval subject to 50 foot
setback from the right-of-way and Health Department approval for septic system.
On motion by Nr. Yancey, seconded by Er. Gibson, unanimously carried, the
recommendation of the Planning Co~m~ission was ~accepted.
(4) ~-62 -Roy Pen~leton, Jr. application to locate a permanent mobile home
on 1.68 acres located on Route 6~8 (Chimney Corner Road).
Nr. Pendleton was present. No one appeared in opposition. However, Nr. ~eeler
advised that he had received complaints and it was noted that the Planning Com~
mission received peZition expressing opposition. Nr. Humphrey advised that the
Plauning Commission recommended denial on the basis of not being compatibles
with development of adjacent property and not in keeping with the character
of the immediate area.. On motion by ~r. Yancey, seconded by N~. 'Wheeler, and
unanimously carried, the recommendation of the Planning Commission waS accepted,'
(~) ~.-6~ - Application of Charles A. and Robert Baber to locate a general
.store and public garage on 2.0 acres at intersection of Routes 626 and
802 in Howardsville.
No one appeared with regard to this application. Nr. Humphrey advised that the
Planning Commission recommended approval, subject to the filing of a plot plan
to the Zoning Administrator to determine proper zoning requirements and that if
it is found that .additional setback can be obtained, that the Zoning Adminis-
trator shall establish the setback beyond the minimum 30 foot requirement. On
motion by Nr. Paulett, seconded by Nr. 'Wheeler and unanimously carried, the
recommendation of the Planning Comm~ ssion was accepted.
(6) ~P-6~ - APplication of Andrew Woodson to locate a permanent mobile home on
1,0 acre located on Route 712 in North Garden.
No one appeared with regard to this application. Er. Humphrey advised that the
Planning Commission recommended approval subject to a SO-foot setback from the
right-of-way and Health Department approval for septic system and that the
existing dwelling now located on the property be removed from the premises on or
before June 1, 1971. On motion by Nr. Yancey, seconded Py Nr. l~heeler and
unanimously carried, the recommendation of the Planning Commission was accepted.
(7) EP-67 - Application of Cavalier Home Sales, Inc. to locate a facility to
manufacture wood modular unit dwellings on 2+acres, located on Route 29
North across from Camelot Subdivision.
No one appeared with regard to this application, ~r. Humphrey advised that ~ e
staff and the Planning Commission recommended approval subject to the following
conditions: (a) Storm drainage facilities in keeping with the County Engineer's
recommendations, (b) The facility utilizing the common entrance, and (c) That
all utilities be placed in an easement paralleling Route 29 North and adjacent
thereto. After discussion, motion was offered by Nr. Gibson, seconded by
'Wheeler, and unanimously adopted, accepting the~'~recommendation of the Planning
Commission with the additional condition that the access road be dedicated to
public use.
(8) ~-66 - Application of George Cason to locate an ice skating riP~, boat
renting and dance pavillion on 2.2 acres located on the south of Route 643,
west of Route 29 North and immediately below the Rivanna Reservoir Dam.
Nr. Cason appeared in support of his application. ,No one appear in opposition.
Ns. Humphrey advised that the staff suggested approval subject to Health De-
partment approval of septic system and submission of site plan. Nr. Wheeler
suggested that the application be approved for one year subject to review at the
end of that time. Setting a time limit as a condition was also discussed. After
some discussion, mo~ion was offered by Nr. Yancey, seconded by Nr. Paulett, and
unanimously carried, to refer this application to the Planning Commission for
recommendation.
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.As requested _by the Board at the August meeting, the County Attorney sub-
mitred Drepared resolution with regard to American Telephone and Telegraph
Company right-of-way. This resolution was adopted on motion by ~r. ~heeler,
seconded by Nr. Gibson, and unanimously carried, as follows:
~S, American Telephone and Telegraph Company has requested
this Board and the Virginia Department of Highways to provide for im-
provement and maintenance of State Route 640 from State ttoute 231 to
the facility operated by American Telephone and Telegraph Company on
Peter's Mountain in the Rivanna Magisterial District of Albemarle
County; and
~WHEBEAS, American Telephone and Telegraph Company has paid over
to the Director of Finance of Albemarle County the sum of $16,385.26,
which is the estimated cost, based upon Highway Department studies, of
the acquisition of rights-of-way necessary for said improvement, and
has further agreed to promptly pay any additional costs of rights-of-
way which may actually be incurred;
N0~, THEREFORE, BE IT RESOLVED that this Board hereby requests
the Virginia Department of Highways to proceed to acquire the necemary
rights-of-way and thereafter to construct the improvements to State
Route 640 in accordance with said Department's engineering plans; and
HE IT F~RTHER RESOLVED that this Board hereby guarantees and
agrees to pay to the Virginia Department of Highways the actual cost
of acquiring the necessary land and easements for construction of said
improvements to State Route 640.
Communication was received from Nr. George H. Gilliam submitting his resig-
nation as a member of the Mental Health Services Board. On motion by ~r. Wheeler,
seconded by Nr. Y~ucey, and unanimously carried, the resignation of Nr. Gilliam
was accepted with regret and the Clerk was directed to write a letter of appre-
ciation to Mr. Gilliam for his services.
Mr. Garnett advised that he had been contacted by Mayor VanYahres with regard
to vacancies on the Mental Health Services Board...The one created by the above
resignation, the one which currently exists, and one that will be vacant because
of a term expiring in the near future. He advised that all of these were residents
of the City and three vacancies would be occurring in January from the County..
Mr. VanYahres submitted the names of Mrs. T. Earl Wood, Nfs. Churchill Jordan and
Nr. James W. Grove for consideration at this time with the understanding that the
County will submit suggestions for the next three vacancies. On motion by Mr.
Wheeler, seconded by Nr. Gibson and unanimously approved, the appointment of Nfs.
T. Earl Wood, Mrs. Churchill Jordan and Mr. James W. ~ove to the Mental Health
Services Board was approved, subject to formal-approval by City Council.
The matter of proposed sign ordinance was again brought before the Board.
(This matter was discussed at the regular July meeting, at which time the Clerk
was directed to put the matter on the September docket. ) Nr. W. A. Perkins, Jr.,
who was present on another matter, suggested that an early hearing be scheduled
on this matter and recommended that it be set in October. Nrs. James Cash en-
dorsed Nr. Perkins' recommendation. After discussion, motion was offered by ~r.
'Wheeler, seconded by Nr. Yancey and unanimously carried, setting 2:00 P.E. On
November 19, 1970, as time for public hearing on proposed Sign Ordinance and it
was ordered that all suggestions or recommendations from the public with regard
to this ordinance be submitted to the Planning Department at ~e ast two weeks prior
to this public hearing.
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
August, 1970. On motion by Nfo Wheeler, seconded by Nfo Yancey, these statements
were unanimously adopted.
Statement of expenses incurred in the maintenance of the County Jail was
submitted along with summary statement of prisoner days for the month of August,
1970. On motion by Nr. Yancey, seconded by Mr. Wheeler, these statements were
unanimously approved.
Claim of the Jail Physician was submitted for the month of August, 1970, in
the amount of $49.00, of which two-thirds is reimbursable by the State. On motion
by Nr. Yancey, seconded by Nr. Wheeler, this claim was approved for payment.
Reports of the Department of Public Welfare were submitted for the month of
August, 1970, in accordance ELth Sections 63-67.1 and 63167.2 of the Code of
Virginia.
The County Executive advised that contract was signed with VEPC0 in the 40's
setting the County's rate at 2~ per kilowatt hour. He further stated that the
conflict which has existed over this rate for some years could not be resolved
by the State Corporation Commission and he had asked the County Attorney to review
this contract. Nr. Marshall advised that the subject contract continues in force
in absence of notice to terminate. He suggested that the County give notice So
terminate present contract and re-negotiate. After discussion, the following
resolution was offered by Mr. Gibson, seconded by ~r. Wheeler, and unanimously
adopted:
HE IT RESOLVED by the Board of County Supervisors of Albemarle
County, ¥irginia, that T. ~. Batchelor, Jr., County EXecutive, be and
he is hereby authorized to give 90-day notice to the Virginia Electric
and Power Company to terminate Albemarle County's present contract for
electric service; and
HE IT ~GRTHER RESOLVED that the Chairman appoint a committee to
285
consist of the County Executive, the County Attorney and two
members from this Board empowered to negotiate with Virginia
Electric and Power Company for a new contract.
The Chairman appointed Nr. Wheeler and Nr. Wood to serve on the above
mentioned committee.
The County Executive advised that he had been approached by the Virginia
National Bank, ~onticello National Bank and National Bank and Trust Company
regarding recent legislation by the General Assembly which allows the Federal
Reserve Bank of Richmond to hold bonds to secure deposits of Virginia counties.
He advised that the three banks -~wish to terminate present escrow agreements
md use the Federal Reserve Bank as this would avoid further movement of bonds
between the various escrow agent banks and save charges for special messenger
services. A~ter discussion, the following resolution was offered by Nr. Gibson,
seconded by Nr. Wheeler, and unanimously adopted:
WHEREAS, Section 58-946.1 of the Code of Virginia was adopted
by the General Assembly of Virginia at its 1970 session and became
effective June 26, 1970, permitting deposits of Albemarle County
funds to be secured by delivery and deposit in escrow of securities
with the Federal Reserve Bank of Richmond, provided the depositories
deliver to this Board powers of attorney empowering this Board to
sell, transfer and deliver all or any part of such securities in
such manner as it may elect for the satisfaction of any claim that
may arise from a default on the part of such depositories; and
~tEREAS, Virginia National Bank, Eonticello National Bank and
National Bank and Trust Company of Charlottesville, all depositories
of Albemarle County funds, have requested this Board to c~h~ge from
their present escrow systems to that authorized by Section ~8-9~6.1;
NOW, THEREFOBE, BE IT RESOLVED that this Board hereby agrees to
release Virginia National Bank, ~onticello National Bs~uk and National
Bank and Trust Company, and their escrow agents, from their respective
escrow agreements with this Board upon satisfactory proof to the
Director of Fin~ce that the required securities have been delivered
and deposited in escrow by each of said banks v~th the Federal Reserve
Bank of Richmond and upon delivery to the Director of Finance of a
power of attorney from each bank to this Board as required by Section
~8-9~6.1; and the Director of Finance of Albemarle County is hereby
authorized to execute the necessary forms and documents required by
the Federal Reserve Bank of Richmond to effect this escrow agreement.
The County Executive advised that in preparation of the current budget it
was decided that it was not economically Feasible to continue charging Fees for
fishing, boating, etc. at County-owned lakes. However, it was pointed out that
the section of the County Code which provides that fees be charged is still in
force. Nr. Batchelor recommended that this section be repealed. On motion by
Nr. '~neeler, seconded by Nr. Yancey, and unanimously adopted, it was ordered
that 9:~0 A.N. on October l~, 1970, be set as time for public hearing on intent
o~ this Board to repeal Section 14-6 of the County Code.
The ~ounty Executive advised that Since preparation of the budget, the
County had been designated as the bookkeeping agent for the ~ental Health Ser-
vices Board which means that all expenditures will reflect in County expenditures.
Although revenue will be received from the City and the State, such revenue will
not show in the appropriation ledger to which expenditures are posted. He~ re-
quested a special aRprop~iation in the amount of $80,03~.00 so that this will not
reflect as an over-expenditure at the end of the fiscal year. On motion by Nm.
Gibson, seconded by Nr. Wheeler, rules with regard to second reading were sus-
pended and the following resolution unanimously adopted:
BE IT RESOLVED by the Board of County S~pervisors of Albemarle
County, Virginia, that $80,03~.00 be and the same is hereby appro-
priated to cover expenditures for Eental Health Services Board.
On recommendation of the County Attorney, the following resolution was
offered by Nr. 'Wheeler, seconded by Nr. Paulett, and unanimously adopted:
WHEREAS, this Board, on 0c$ober 16, 1969, resolved to acquire
by purchase or condemnation the necessary easement to install a
water line upon Lot 3, Block B, of Airport Acres in Albemarle County,
then owned by Nfs. Alda R. Herron; and
WEEREAS, Nfs. Herron has since died and her heirs have sold
said lot to Aleida A. Waddell and Addison T. Waddell; and
WEEREAS, agents of this Board have unsuccessfully attempted to
acquire from Nr. and Mrs. Waddell by voluntary conveyance t~e afore-
said easement and additional easements to install and maintain upon
said lot certain pumping equipment, an electric pole and a power
line to supply current to the pumping equipment;
NOW, THEREFORE, BE IT RESOLVED that the necessary easements for
said pine line, pumping equipment, electric pole and power line shall
be acquired by this Board by exercise of the right of eminent domain,
if necessary, and the Attorney for this Board is hereby directed to
_prepare, file and deliver the notice required by law in order to
enable the agents of this Board to enter upon said land and install
the equipment described above. And the Director of Finance is directed
to pay to the Clerk of the Circuit Court of Albemarle County the sum
28'7'
of Ten Dollars ($10.00) in County funds, which amount is hereby
estimated to be the fair value of the easements and damages re-
sulting therefrom.
On motion by ~r. Wheeler, seconded by Mr. Gibson, and unanimously carried,
the County Executive and the County Attorney were requested to look into the
ordinances regarding circuses, carnivals and all other recreation activities
and recommend new provisions in order that a public hearing on same can be set
at the next regular meeting of this Board.
Mr. Joseph Gibson read prepared statement with regard to real estate
assessments, copy of which is filed in permanent file. A number of citizens of
the Ivy District appeared and expressed opposition to the current assessment
being made by the Real Estate Department. Those expressing opposition were
Mr. Tom ~yllie, Nr. W. A. Perkins, Mr. Grice Whitely, Mr. Mintondorf~, Mrs.
Edward Rappold, Mrs. Cary Wiesseger, Mr. Albert McGhee, Nr. Evernghim Blake,
Mr. C. M. Garnett, Sr., Nr. Leroy Bruton and Nr. j. R. Wingfield, Jr. The
Chairman advised those present to file with the Real Estate Office an applica-
tion for review by the Equalization Board if they felt their assessments were
not fair.
C~laims against the County amounting to $1,247,834.60 were presented,
examined and allowed, and certified to the Director of Finance for payment and
charged against the following funds:
General Revenue Fund
General Operating Fund
School Operating Fund
Virginia Public Assistance Fund
Capital Outlay Fund
Dog Tax Fund
County Water Systems
Mental Health Fund
Commonwealth of Va. Current Credit Acct.
Town of Scottsville 1% Local Sales Tax
Total
On motion, the meeting was adjourned.
$ 1,292.72
120,405.~
51Q,425.80
48,444.08
370,219.24
741.42
2,390.32
4,654.73
189,16~.74
9U.31
$1,247,834.60
Chairman