1971-03-18 A regular meeting of the Board of County Supervizors of Albemarle County,
Virginia, was held at the Office Building of said County on the 18th day of
~arch, 1971.
Present: ~ess~s. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon
L. Wheeler, Lloyd F. ~ood, Jr. and R. A. Yancey.
~D.~nt; None.
Officers present: County Executive and County Attorney.
The meeting opened with the Lord's Prayer led by Nr. Garnett.
On motion by Er. Yancey, seconded by Er. Paulett, minutes of the meeting
of February 18, 1971, were approved as submitted.
Communication was received From the Virginia Department of High~ys advis-
ing that as requested in resolution of this Board dated November 19, 1970, the
following section of road was discontinued as a part of the Secondary System,
effective February 18, 1971:
Section ~ of old location of Boute 631, Project 0064-002-101
from south corporate limits of Charlottesville to 0.10 mile south -
Length 0.10 mile.
~s. Rosenblum expressed concern over traffic hazards which could result
on Route 643 due to the fact that Stackhouse, Inc. has rented land from the
.~uperior Stone Company for its operation and requested that the matter be turned
over to the Highway Safety Commission for study. Nrs. Rosenblum was advised
that the Board would request the Highway Safety Commission to work with Stack-
house, Inc. in an endeavor to insure the best possible safety precautions in
connection with its operation°
Other highway matters were deferred since Nr. R. G. Warner, Resident Engi-
neer, could not be present for this meeting.
A representative of the League of Women Voters appeared in support of the
request of the YouSh~Employment Service for an appropriation of $2,500.00 in the
proposed County budget.
Nr. Richard Pietsch again appeared in opposition to the proposed Nint
Spring Recreation Area. He advised that he and other citizens had presented
their case at the public meeting held recently at Crozet School and they would
not take further time at this meeting but would like the stated opposition at
that meeting to be a matter of record.
Communication was received From Northern Piedmont Electric Cooperative ad-
vising that said company had found it necessary to apply for an increase in
electric rates. Copy of application filed with the State Corporation Commission
was enclosed showing request for authority to place the new rates into effect
on all bills rendered on and after Nay 2~, 1971.
Communication was received from attorneys for Appalachian Power Company
advising that application had been made to the State Corporation Commission for
360
increase in electric rates and that a hearing on such application has been set for
10:00 A.~. on July 6, 1971, in the Court Room of the State Corporation Commission
in Richmond., Virginia.
Communication was received from Nr. William B. Trevillian advising that ac-
cording to by-laws of the Beautification Commission, it is necessary for this body
to approve officers and directors. On motion by Nr. Wood, seconded by Nr. Wheeler,
unanimously carried, the following officers and directors of the Charlottesville-
Albemarle Beautification Commission were approved:
President .............. 'William B. Trevillian
First VicePresident 'iiiiiiiii'i!i!ii' Hovey S. Dabney
'Second Vice President . . Frank A. O'Neill
Treasurer ............. Jason I. Eckford, Jr.
Recording Secretary ...~iii!i!iiiii!!ii Nfs. Downing Smith
Nrs~ Francis P. Brawley
Corresponding Secretary
Nitchell Van Yahres
F. Grice Whiteley
Thomas A. Conger
John L. Humphrey
Alvin R. Clements
Nfs. Byrd Leavell
DireG. tors:
Nfs. Julian Souder
Werner K. Sensbach
· ~rman L. Cliett
Edward R. Jackson
Myron E. Tremain
The County Executive submitted final revision to amended charter agreement of
the District 10 Planning Commission as ~recommended by the Charter Committee. On
motion by Nr. Wood, seconded by Nr. ~heeler, the following resolution was unanimous-
ly adopted:
~qEAS, the Virginia Area Development Act (Title 1~.1, Chapter 34,
Sections 1~.1-1400, et seq., Code of Virginia (19~0), as amended), autho-
rizes the organization of a Planning District Commission by written Char-
ter Agreement; and
WHEREAS, pursuant to Title 3.1, Chapter 6.1, Section 2.1-6~.~ of the
Code of Virginia (19~0) as amended, geographic boundaries of a Planning
District have been established; and
'~n~EAS, the governing bodies of the governmental subdivisions em-
bracing the majority of the population within said Planning District
desire to organize a Planning ~District Commission by written Charter
Agreement; and
~AS, the Board of Supervisors of the County of Albemarle, Vir-
ginia desires to join in organiz'~z~gz such a Commission so that t~he County
of Albemarle will become a party to such Charter Agreement and be repre-
sented in the composition of the membership of such Commission:
TNk~qEFOBE, BE IT BESOLVED by .~,he Board of Supervisors of the County
of Albemarle, Virginia:
1. That on the 18th day of March, !971, it hereby adopts the CHARTER
AGBEE~NT OF THOMAS JEFFERSON PLANNING DISTRICT CONNISEION, a copy of
which is attached hereto and made a part of this resolution.
2. That the Chairman of the Board of Supervisors of the~fCounty of
~Albemarle be and hereby is authorized and directed to sign and execute,
on behalf of the Co'~uty of Albem~ le the CHARTER AGBEE~NT OF THOMAS
JE~~N PLANNING DISI~ICT C0~I~IS~ION, a copy of which Charter Agree-
ment is attached to this resolution.
3. June T. Moon, Clerk of the Board of SupervisOrs, be and hereby is
authorized and directed to witness the signature of said Chairman of the
Board of Supervisors and to affix the official seal of the County of
Albemarle on said CHAl~ A~ OF THONGS JEFFERSON PLANNING DISERICT
CON~ISSION, a 55D~ of which is attached to this resolution.
(Agreement on following page.)
361
CHARTER AGBEEMENT OF THE
J~FFERSON PLANNIN~ OI STEICT ~0MMI SSION
(AS
This Charter Agreement to organize a Planning District Commission made this
First
day
of
1970, by and between the undersign, ed governmental subdivisions
MaY'the Virginia Area Development Act (Title 1~.i, Chapter 3$, Sec-
as authorized by
tions 1~.1-1~00, et seq., Code of Virginia (19~0) as amended),'
NOW, THEREFORE, it is agreed that:
ARTICLE I
Name, Location, Authority, Purpose
Section I. The name of this organization shall be the Thomas Jefferson Planning
District Commission, hereinafter called the "COMMI SSION".
Section 2.
The p~incipal office of the COBI~I SSI ON shall be in Charlottesville,
Virginia. The location of the principal office may be changed by the
concurrence of three-four~s of the COMMISSION members present at a
regular meeting, provided that the clerk of the governing body of
each member governmental subdivision has been notified of the con-
templated relocation in writing at least thirty days before such
meeting.
Section 3.
The COMMISSION shall be a public body corporate and politic with all
the powers and duties granted to it by the Virginia Area Development
Act.
Section
The purpose of the CO~[MISSION 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~
ARTICLE II
Membership
.Section 1.
COMMISSION members shall be appointed by the respective governing
Bodies of those political subdivisions which are parties to this
Charter Agreement, provided however, that at least a majority, but
not substantially more than a majority, of the COMMISSION'S members
shall be elected officials of the governing bodies of the govern-
mental subdivisions within the Planning District with each partici-
pating county, city and town of more than 3,~00 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 C0k~SSION, hereafter known as Albemarle
County, Fluvanna County, and Nelson County, shall have the following
member ship:
Albemarle County ......... 6 members
Fiuvanna County .......... 3 members
Nelson County ............ 3 members
Section
Vacancies on the COM~¥SSION shall be filled for the unexpired term
in the same manner as the original appointment was made.
Section
Any member of the COM~FSSION shall be eligible for r~appointment
but may be removed for cause.
ARTICLE III
Terms of Office and Voting Rights
Section 1.
The terms of office of CO~2~ISSION 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.
Section 2.
Each member of the COMMISSION shall have one equal vote in all
matters before the GOMM~SSION.
Section
Voting throughout the life of the Thomas Jefferson Planning District
shall carry a balance by the Urban Governmental Units and the rural
governmental traits so that neither would have a majority vote.
sequent joining by new political subdivisions which would change
their balance within planning District 10 will have to be agreed upon
bY a majority of the CO~MISSION members.
362
ARTI GLE IV
Officers
Section 1.
Officers of the COMMTSSION shall Consist of a Chairman and Vice-
Chairman who shall be elected by the membership of the CONNI'SSION.
The C0 ~M~7~_ SSION may elect such other officers at it deems advisable.
Section 2.
The Chairman and Vice-Chairman shall be elected for terms of one
year or until their successors are elected.
Section 3. C0~ISSION officers shall be eligible for reelection.
Section 4.
~he C0~ISEION shall appoint an Executive Director who shall be an
employee of the C0~ISSi0N and shall serve at the oleasure of a
majority Of the membershio.
ARTICLE V
Addition or Withdrawal of Member s
Section 1.
Any governmental subdivision within Planning Distric~ Number10
which is not a party to this charter agreement at the effective
date thereof desires to join after the creation of the Planning
District will be liable for the full fiscal year of current dues
as well as dues that would have been payable to the Planning Dis-
trict had that political subdivision been a member ~ the preceeding
fiscal year.
Section 2.
Any governmental subdivision may withdraw from the COMMISSION by
submitting to the COMMISSION in writing, at least 90 days before
the end of the CONMISSION'S then current fiscal year, a notice of
intent to withdraw. Such withdrawal shall not become effective
until the COE~ISSt0N'S fiscal year has ended.
Appointment of an Executive Committee and A~ioption of By-Laws
Section 1.
The COM~KSSION may designate an Executive Committee and delegate to
to it such powers as the COE~ISSION may determine, provided that
these powers are not inconsistent with provisions of the Virginia
Area Development Act.
Section 2. The COM~7~SSION may adopt By-Laws and such other rules as it deems
necessary to govern its operations.
Al{TI CLE VII
Meetings
Section 1.
The C0~NISSION shall hold regular meetings on a schedule which will
be determined by the membership.
Section 2. Neetings of the C0~ISSION shall be open to the public, however, the
C0~ISSION may hold executive meetings.
ARTI CIE VIII
Amendments
Section 1.
This Charter Agreement may be amended, supplemented or superseded only
by ooncurr, ing resolu, tions from all of the member governmental sub-
divisions of the 80N~ISSION. All proposed amendments shall be sub-
mitred to the CONMISSION for its review and comment to the member
governmental subdivisions.
ARTICLE IX
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 tls date when the Charter Agreement has been adopted and signed
by that governmental subdivision whose population when added to the
aggregate population of those who have already adopted and signed the
Charter Agreement embraces the majority of the population within Plan-
ning District Number ~0.
363
Later in the meeting, Nr. F. E. Paulett was appointed as the third repre-
sentative from this Board on the Planning District Commission and Nr. Jack
~rzano was appointed as citizen representative, subject to his acceptance of
-this appointment. (These members are in addition to E. N. Garnett, Joseph E.
Gibson, 'Fred Scott, Jr. and John L. Humphrey, appointed at a previous meeting.)
In accordance with request received i~om Citizens Bank and Trust Company,
the following resolution w~s offered by Nr. Gibson, seconded by Nr. Yancey,
and unanimously adopted:
'WHEREAS, Citizens Bank and Trust Company, Charlottesville,
Virginia, Depository, has substituted certain securities held by
~entral National Bank, Escrow Agent, in accordance with Escrow
Agreement between said banks, T. ~. Batchelor, Jr., Director of
Finance of Albemarle County, and the Board of Supervisors of
Albemarle County;
NOW, TB~J~FORE, BE IT RESOLVED by the Board of $~pervisors
of Albemarle County, Virginia, that Citiz~ s Bank and Trust Com-
pany be and is hereby authorized to pledge the following:
$100,000.00 U. S. Treasury Notes, 6-1/4%, due 2-1~-78
AND, upon the pledge of the foregoing securities, Central National
Bank is hereby authorized to release the follOwing:
$100,000.00 U. S. Treasury Notes, 3-7/8%, due 11-15-71.
BE IT F~RT~ RESOLVED that copy of this resolution be for-
warded to Citizens Bank and Trust Company and to Central National
Bank.
The County Executive requested special appropriation to cover refund of
real estate tax paid in 1969 in the Charlottesville District and refund of real
estate tax paid by some taxpayers in 1970 in the Ivy District. On motion by Nr.
Gibson, seconded by Nr. Paulett, rules with regard to second reading were
suspended and the following resolution adopted: (Nr. Wood requested that the
record show that he did not vote on this matter.)
BE IT RESOLVED by tt~e Board of County Supervisors of Albemarle
County, Virginia, that the following sums be and the same are hereby
appropriated for the purposes indicated:
(1) $220,000.00 - reik~ud of 1969 real estate paid in the Charlottes-
ville District.
(2) $ 4,902.00 - refund of 1970 real estate paid in the Ivy District.
The County Executive advised that checks were issued to the Treasurer of
Virginia for retirement and insurance and it was later found that these payments
had to be adjusted. He requested cancellation of the original payments, On
~otion by Nr. 'Wood, seconded by Nr. Yancey, the following resolution was unani-
mously adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that the Director of Finance be and is hereby authorized
to cancel the following checks:
(1) No. 7445 - Treasurer of Virginia-Insurance - dated Feb. 18, 1971,
amount - $92.56.
(2) No. 744~ - Treasurer of Virginia--V.S.R.S. - dated Feb. 18, 1971,
amount - $1,682.8~.
;Statements of ez~penses for the Department o£ Finance, the Sheriff's
0fl±ce and the 0£zP&oe of the 0ommonweal~h's Attorney were sutm~&tted for the
month of February, 1971. On motio~ by Nz'. Yanoey, seconded by t~L~. Wood, these
statements 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 Febru-
ary, 1971. On motion by Nr. Paulett, seconded by Nr. Yancey, these statements
were unanimously approved.
Claim of the Jail Physician was ~u~bmitted for the month of February, 1971,
in the amount of $11~.00, of which two-thirds is reimbursable by the State. On
motion by Er. 'Wood, seconded by Nr. Yancey, this claim was approved for payment.
Reports of the Department of Public Welfare were submitted for the mosth
of.February, 1971, in accordance with Sections 63-67.1 and 63-67.2 of the Code
of Virginia.
S.L.H. Report for the month of February, 1971, was received from Dr. George
Moore, Joint Health Director.
Claim was received from the University of Virginia Hospital in the amount
of $1,3~2.86 For hospitalization of indigent patients u_n~der S~L.H. for the
month of February, 1971. On motion by Nr. Yancey, seconded by Nr. Wood, this
claim was unanimously approved for payment.
Claim against the Dog Tax Fund was received from Paul E. Harris for eleven
hens killed by dogs. On motion by Nr. Gibson, seconded by Mr. Wood, Nr_ Harris
was allowed $1.2~ for each of these hens.
S.P.C.A. report was received for the month of February, 1971, and on motion
by Mr. Yancey, seconded by Nr. Wood, was approved unanimously.
Report of the County Executive was submitted for the month of February,
1971, for information.
The Board was advised that the term of Er. George T. 0mohundro, Jr. on the
Albemarle County Service Authority would expire April 16, 1971. On motion b~y
Er. Paulett, seconded by Nr. Wheeler and unanimously carried, Nr. 0mohundro was
reappointed to the Service Authority for a term of four years.
Er. Garnett reported that he had appointed a citizen committee to interview
persons recommended by the Extension Service for County Extension Agent and make
recommendation to this Board.
365
~r. Gibson introduced Nr. Chip Grange, Director, OFFice of Volunteer Com-
munity Services, (University of Virginia), and advised that he had invited Nr.
Grange in an effort to acqu~nt the community with the many services rendered
by this group of students. Nr. Grange presented a~.~brief, but very interesting
and comprehensive, report of the many phases of service his group r~nders, in-
cluding one-to-one tutoring, renovation of houses, legal advice, big-brother
volunteers, ~Western State companionship, etc. At the conclusion of Nr, Grange's
presentation, motion was offered by Nr. Gibson, seconded by Nr. ~ood and unani-
mously adopted, commending the members of the Volunteer Community Services on
behalf of citizens in the Charlottesville area For the Fine work they are doing.
Nr. Boy N. Patterson appeared as speaker For a large delegation endorsing
the Chris Greene:~d the Nint S~ring Valley Lakes and presented a petition signed
by 1691 persons urging that the County carry out proposed plans for the Nint
BDring Valley Park. Others who spoke briefly in favor of this park wereNrs.
George Thomas on behalf of the League of Women Voters, Betty Estes, Jesse Seal,
Doris Davis, David Via, Barbara.~Yalden-Thompson, and Elizabeth l~osenblum.
Alan l~osenkrans expressed opposition to the Nint Spring Park and Nr. BOurne
~Wayland, whose land adjoins the park, stated that he Felt he would suffer as a
Fruit grower if the park is as popular am anticipated.
The Board was advised that the Planning Commission had given preliminary
approval to plat of Greenbrier Heights Subdivision Extended. Nr. Homer Kinnimer
and several other residents of Chapel Hills appeared with regard to this matter,
advising that they were unaware of the developer's plans until after preliminary
approval had been given by the Planning Commission. It was pointed out that the
rear of the buildings to be constructed would face on the road running through
Chapel Hills and Ik~rther that earth moving operations had begun although the
subj~t plat had not received final approval. Considerable discussion Followed
after which motion was made by Nr. Gibson, seconded by Nr. Wood, and adopted,
that the Planning Officer notify adjacent property owners prior to consideration
of Final~ plats. On motion by Nr. Gibson, seconded by Nr. ~neeler and adopted,
the Planning Commission was requested to re-open studyc~ the subject plat and
the Planning Officer was directed to request the developer not to change the
nature of the land until Final approval is given to this plat. (Nr. Wood asked
that the record show that he did not vote on this latter motion. )
~r. G. Bourne ~ayland, Nr. Eddie Wood and Nr. John Smart appeared with re-
gard to the Thomas Jefferson Soil Conservation District. Nr. Wayland advised
that this district is presently composed of five counties and it was their recom-
mendation that this district be composed of Albemarle County only. He stated
that his Board Felt there is a need for better representation and service to the
local government and to the citizens of Albemarle through a more comprehensive
366
conservation program. If granted, the new District Board would be made up of
five Albemarle County residents and it could meet the demands of the urbaniz-
ing area much more efficiently than the present one director representation
which Albemarle now has on the five-county District Board. After discussion
v~ith the gentlemen present, the following resolution was offered by Nr. Gibson,
seconded by Nr. Yancey, and unanimously adopted:
B~ IT BESOLVED by the Board of County SUpervisors of Albemarle
County, Virginia, that this Board join with 'the Thomas JeI~ferson
Soil and Water Conservation District Board in petitioning the
Virginia Soil and Water Conservation Commission to modify the present
District boundaries to exclude Albemarle County and to create a new
single county district of the County of Albemarle, this new district
to retain the name of Thomas Jefferson Soil and 'Water Conservation
I~ stri ct.
Nr. Gibson, reporting for the committee with regard to the position of Dir-
ector of Taxation, advised that the committee had determined that this position,
created by a~previous Board, be abolished, and l~. C. Sours be retained in the
capacity of Tax ~SUpervisor in the realignment of channels of authority to be
answerable to the Director of Finance in the performance of his duties. On
motion by ~. Gibson, seconded by Nr. Paulett and unanimously carried, the recom-
mendation of the committee was accepted.
Nr. Jack Kegley, Central Begistrar, presented recommendations of the
Electoral Board in connection with change of boundaries of the election pre-
cincts in order that they conform to the recently rearranged boundaries of the
magisterial districts in the County. It was pointed out that public hearing on
these lines would be required. On motion by Nr. Wheeler, seconded by Nr. Yancey
and unanimously carried, public hearing on the proposed election precinct boun-
daries was set for 3:00 P.E. on April 1~, 1971, and the Clerk was directed to
publish notice of this hearing in accordance with law.
On recommendation of the County Executive, the following resolution was
offered by Nr. '~heeler, seconded by Nr. Gibson, and unanimously adopted:
BE IT BESOLVED by the Board of County SUpervisors of Albemarle
County, Virginia, that the transfer and conveyance be and is hereby
authorized from the County of Albemarle to the Albemarle County
Service Authority of filter plant site, North Bivanna Biver, and
transmission lines and easements extending from the Carrsbrook Sub-
Division northward on U. S. t~oute 29 North to Camelot Subdivision and
westward from U. S. l~oute 29 North to Charlottesville-Albemarle Airport,
and ~THER that E. N. Garnett, Chairman, be and he is hereby authorized
367
to execute deed in connection with this transfer and conveyance; and
HE IT FL~THER RESOLVED that the Albemarle County Service Autho-
rity pay as much as funds will permit upon execution of deed and the
remaining balance due to the County for acquisition of this property
to be put in form of a note payable by the Service Authority to the
County .'
On motion, the meeting was adjourned until 7:30 P.~. on ~arch~ 25, 1971
Chairman