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1971-05-2038z[ 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 ~ay,, 1971 · Present: Eessrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L. 'Wheeler, Lloyd F. Wood, Jr. and it. A. Yancey. Absent: None. 0ffic:ers present: County Executive and County Attorney. The meeting opened with the Lord's Pyayer led by Mr. Garnett. On motion by Mr. Paulett, seconded by Mr.. Wheeler, minutes of the meetings of April 12 and April t~, 1971, were approved as submitted. Communication was received from Alcova Associates, Inc.~ requesting that roads in Key We~t Subdivision be accepted into the Secondary System. Mr. l~. G. V~Yarner, I~esident Engineer, reported that as of the last inspection by his depart- ment, most of the subject road improvements had been completed. The following resolution was offered by Mr. Wood, seconded by Mr. Yancey, and unanimously adopted: BE IT BESOLVED by ~he Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the l~esident Highway Department, the following roads located in Key West Subdivision, Albemarle County, the total length of which is ! .60 miles: Key West Drive commencing at l~oute 816 and proceeding west and north to its intersection with Northwest Drive. Entire length of Northwest Drive. George l~ogers t~oad beginning at its intersection with Key West Drive and continuing northerly to its intersection with Bollingbrook Drive. Entire length of Bollingl~rook Drive. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is hereby ~guaranteed a 50 ft. unobstructed right of way and drainage easements on these requested additions as recorded by plats in the office of the Clerk of the Circuit Court of Albemarle County as follows: Deed Book 353, pages 193-197; Deed Book 371, page 474; Deed Book 420, page 259; Deed Book 482, page 233; Deed Book 490, pages 11 & 1~.. ~Mr. Warner reported on industrial access project, l~oute 660 to Nurray ~anu- facturing, advising that construction estimates have exceeded $200,000 and, if constructed as proposed, approximately $150,000 would have to be financed from Secondary funds spread over a couple of years. He stated that a decision would have to be made regarding the expenditure of these funds. He further advised that a lesser design could be used in view of rising construction costs. Mr. 385 ,? Wheeler stated that a committee from the Earlysville t~uritan Club is ready to work v~th those landowners not willing to donate rights of way when these are known and he will get with ~r. Warner with regard to this matter. Nr. 'Warner also reported that the last two par~cels needed for rights of way in connection with Boute 640 (A,T.&T. Industrial Access Project), involve heirs to estates but this project should be ready to start by the.middle of June. Nr. Wheeler stated that the Board should go on record requesting that consideration be given to funds for interchanges on Interstate 64 which are switching traffic to different roads. It was pointed out that this matter could be called to the attention of the Highway Commission at the hearing scheduled for June 17. After discussion, motion was offered by ~r. Wheeler, seconded by ~r. Wood, and unanimously carried, directing the County Executive to include this request in a communication addressed to the Highway Commission to be presented at the said hearing by Nr. J. Harvey Bailey, County Engineer. Nr. Yancey again called Nr. 'Warner's attention to l~oute 684. He said the shoulders are low and there are many chuck holes. He is continuing to receive numerous complaints about the condition of this road. Nr. Warner advised that york was begun v~thin the week on pulling shoulders up and patching. Nrs. Elizabeth t~osenblum inquired regarding the status of Route 743. A discussion followed in which the County Executive recommended that the Highway Department do preliminary and final plans on this road based on plar~uing depart- ment estimates of development and traffic patte~ws. On motion by ~Nr. Wheeler, seconded by Mr. Wood and ~animously carried, it was ordered that this request also be included in the conmmunication to be presented to the Highway Co,remission on June 17 and that said request include the urgent need for expediency. Communication was received from the State Highway Department advising that as requested in resolution by this Board on February 18, 1971, Windfieid Circle and Pinehurst Court in Oak Hill Subdivision were accepted into the Secondary System, effective April 1 ~, t971. Communication was received from the State Highway Department advising that as requested in resolution by this Board on November 19, 1970, l~icky Road in Queen Charlotte Subdivision was accepted into the Secondary System, effective Eay 1, 1971. Communication was received from the State Highway Department advising that as requested in resolution by this Board on April ~, 1971, the following addition and abandor~ment was approved, effective ~ay 7, 1571: Addition - Sections 4 and ~ of new location of l~oute 618, from Stati0n.~..l~00 to Station 39+20, Project 0618-002-143,C-~01 - length 0.46 mile. Abandonment - Sections I ~ud 3 of old location of Route 618, between Station 1~+00 and Station 39+20, Project 0618-002-143,C-~0~, length 0.17 mile. Communication was received from the Department of _Highways enclosing tenta- tive allocations of Interstate and Rural Primary construction funds for the fiscal year 1971-72 and announcing public hearing on same at 9:00 A.M. on June 17, 1971, in the Department of Highways Auditorium, 1221 East Broad Street, Richmond, Virginia. Nr. Clarence EcClure, Superintendent of Schools, appeared and submitted resolutions of the School Board requesting permission to request loans in the total sum of $1,600,000 to finance the construction of the proposed elementary school north of Charlottesville and to let bids at the earliest possible date. The following resolution was received in connection with $900,000 loan from the Virginia Supplemental Betirement System: "BE IT BESOLVED by the County School Board of Albemarle County, Virginia: 1. It is hereby determined that 'it is necessary and expedient to borrow the sum of Nine Hundred Thousand Dollars ($900,000) for the purpose of school construction in Albemarle County. It is desired to contract v~th the Board of Trustees of the Virginia S~.pplemental l~etirement System to borrow such amount pursuant to Chapter 8, Title 15.1, Code of Virginia of 19 50, as amended. 2. A certified copy of this resolution shall be presented by the Clerk of this Board to the Board of Supervisors of Albemarle County, with the request that the Board of Supervisors approve the resolution. If the Board of Supervisors approves this resolution, then the Chairman of this Board and the Superintendent of Schools, or either of them, are hereby authorized and directed to present a certified copy of this resolution together with evidence of approval thereof by the Board of Supervisors to, and to endeavor to negotiate an agreement with, the Board of Trustees of the Vir~nia Supplemental Betirement System for the borrowing of such money. 3. This resolution shall take effect immediately." The following resolution ~s offered by Nr. Wood, seconded by ~r. Wheeler, and adopted by the following recorded vote: AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. BE IT BESOLVED BY TEE BOARD OF SUPERVISORS OF ~_~.T~I~ARLE COUNTY, VIRGINIA: 1. The resolution adopted by the County School Board of Albemarle County on the 10th day of Eay, 1971, determining the necessity and expedience of borrov~Lng Nine Hundred Thousand Dollars ($900,000) from the Virginia Sup- plemental Retirement System pursuant to Chapter 6, Title 15. t, Code of Vir- ginia of 1950, as amended, for the purpose of school construction in Albemarle County is hereby approved in all respects. A certified copy of such resolu- tion shall be filed with the minutes of this meeting. 2. A certified copy of this resolution shall be filed with the Clerk of the County School Board. 3. This resolution shall take effect immediately. Nr. EcClure also submitted application for a Literary ~-~nd loan on the amount of $700,.000. The following resolution was offered by Nr. Wood, seconded by Nr. 'Wheeler and adopted by the following recorded vote: 387 AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey. NAYS: None. ~a~d~AS, the School Board for the Oounty of Albemarle, on the 20th day of Nay, 1971, presented to this Board~ an application addressed to the State Board of Education of Virginia for the purpose of borro~ing from the Literary Fund $?00,000 for the new school building five miles north of 0harlottesville, to be paid in 30 annual installments, and the interest thereon at 3% paid annually; I~ESOLV~D, That the application of the County School Board to the State Board of Education of Virginia for a loan of $?00,000 from the Literary Fund is hereby approved, and authority is hereby granted the said 0ounty School Board to borrow the said amount for the purpose set out. in said application. The Board of Supervisors for said County will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for opera- tion expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. On motion by ~r. 'Wood, seconded by Nr. Wheeler, and unanimously carried, the School Board was authorized to proceed ~th plans to receive bids for the con- struction of the Northside Elementary School June 10 and to let contract for a completion date by September, 1972, the total cost of which shall not exceed the approved sum of $1,600,000. At 10:00 A.E. the Chairman called for public hearing on zoning requests as advertised in the Daily Progress on April 29, ~ay ~ and Nay 12, 1971: (1) Z~P-I~7 - Application of Fountain Court Assoc. to rezone 2.18 acres from 1~-2 Besidential to B-3 t~esidential. Property located on Boute 631, ~00 ft. northwest of Greenbrier Drive. The Chairman pointed out that this application was deferred from the regular ~ay meeting for field inspection by the Board. Nri~ Humphrey reviewed recommendation of the staff and Planning Commission which was for denial of the request. Jack Schwab appeared in support of the application. A large delegation was present in opposition, the spokesman for which was Nr. Steve Carwile, Attorney. Nr. George Long, a City resident, also spoke in opposition. Communication was received from the City Nanager advising that the storm sewer serving the subject area would not be large enough to handle the normal runoff for the proposed use-~ under E-3. port was also received from the County Engineer on probable effect of drainage. After ~scussion, motion was offered by Er. Wood, seconded by Nr. Gibson, and unanimously adopted, affirming the Planning Commission recommendation to deny this request. 3-88 (2) ZMP-162 - Application of Alexander and Mary Joan 11ives and Elnora Bras~fietd to rezone I .0 acre from A-1 to E-1. Property located on l~oute 740 near Ci smont. Mr. and Mrs. Elves were present v~th their attorney, Mr. Junius Fishburn who spoke in their behalf, No one appeared in opposition. Mr. Humphrey advised that the staff and Planning Commission recommended that the subject property be zoned l~S-1 which was agreeable to the applicant. On motion by ~r. Wheeler, seconded by Mr. Gibson and unanimously carried, the recommendation of the Planning Commission was accepted. (3) Z~-!63 - Application of David J. 'Wood Jr. to rezone 1.463 acres from 1~-2 to !t-3. Property is located between Hydraulic l~oad and Route 29 North on a proposed extension of Greenbrier Bond. Mr. Wood ~ras present in support of his application. No one appeared in opposi- tion. Mr. Humphrey reported that the staff and the Planning Commission recom- mended that the request be granted. On motion by Mr. Gibson, seconded by Mr. Yancey and unanimously adopted, the recommendation of the Planning Commission was accepted. (4) EMP-164-Application of David J. 'Wood, Jr. to rezone four parcels (1.942 acres, 1.36~ acres, 1.36~ acres and 1.647 acres) from B-3 to B-1. Property is located between Hydraulic l~oad and t~oute 29 North of a proposed extension of Greenbrier-t~oad. Mr. Humphrey advised that the staff and the Planning Commission, by a five to one vote, recommended denial. Mr. Wood requested that he be given permission to withdraw without prejudice his application on parcels A and D and leave the appli- cation for rezoning of parcels B and C before the Board for consideration. After discussion, motion was offered by Mr. Gibson, seconded by Mr. Yancey and unani- mously adopted, to refer:: this amended request back to the Planning Commission for r ecommenda tion. (~) UP-71-01 - Application of Ted T. and Katherine Tucker to the Board of Super- visors to amend the permitted use section in an A-1 Zone to permit with a $~ecial Permit a "Motor Sport Park" and related facilities. Mr. Humphrey reported that the Planning Commission recommended denial of this ap- plication. Mr. and Mrs. Tucker were present, represented by their attorney, Mr. I~. B. Chandler, who described the proposed operation. Appearing in opposition were Savory Amato (who presented petition signed by neighbors in the immediate area), a Mrs. McFarland, Elizabeth Bosenblum and Frank Kessler. Mri Robert Goad and Mr. Tom Howard appeared in favor of the application. On motion by Mr. Wheeler, seconded by Mr. Gibson and unanimously adopted, the recommendation of the Planning Commission was accepted. (6) CU-49 - Application of the Albemarle County Service Authority to locate a sewage treatment plant on 1~.0 acres of A-1 land on the South Fork of the I~ivanna l~iver northeast of Carrsbrook Subdivision. No one from the public apDeared. Mr. Humphrey advised that the Planning Commis- sion recommended approval subject to suitable screen being provided to screen from view the facilities as they relate to the adjoining property to the north of the 389 subject property. On motion by Nr. Yancey, seconded by Er. Gibson and unani- mously carried, the recommendation of the Planning Commission was accepted. Er. John ~nith of the Charlottesville-Albemarle Workshop appeared along with Er. ~rthur G. Daniels, C~ief Probation Officer of the Juvenile and Domes- tic l~elations Court. Er. ~nith reviewed application for Law Enforcement Administration Funds for a one year pilot program which would allow the court to have funds at its disposal to purchase services in the prevention of de- linquency through using the Workshop and its work adjustment program. Er. Smith stated that he was seeking the endorsement of this body. The County Executive reco~nended that it be made clear that if this endorsement is given, this does not indicate approval of the County as to local funds in the future since he feels this is a problem of the State and not the local government. Er. Gibson advised that he was disqualifying himself from voting on this matter since he was a member of the Board, but would hope the Board of Sapervisors would not make any stipulations regarding need for fuiure ih~uds since the care of our children is our responsibility at the local level. 'After discussion, motion was offered by Er. Wood, seconded by ~Lr. Wheeler and carried~ endorsing the program and application as outlined by Er. ~nith. Er. Gibson did not vote. The Board was advised that the proposed Soil Erosion Ordinance was not drafted in time to be advertised for public hearing at this meeting. On motion by Nr..Wheeler, secnnded by Er. Yanoey and unanimously carried, public hearing on this ordinance was set for 1:30 p.t~. ~ June 17, 1971. ~rs. ~[artin of the Citizens for ~lbemarle reported on meeting of that group in regard to their interest in this matter. Claim against the Dog Tax Fund was received from Er. J. S. ~cIntyre for two lambs killed by dogs. On motion by Er. Wheeler, seconded by Er. Wood, Er. Kc- Intyre was allowed $7.00 for the smaller of these lambs and $1~.00 for the larger one. Claim against the Dog Tax Fund was received from ~k~. Guy Via for a number of sheep killed by dogs. ~r. Via was present and stated that he felt that he should be paid for damages incurred in addition to the market value. After a short discussion, action on these claims ~ deferred and the Board requested that Er. Sam Bobertson, Dog Warden, be requested to appear at the June meeting to discuss this matter. Nr. Joe Stephens reported that the committee appointed by t!~is Board to inter- view prospective replacements for the position of County Extension Agent wished to recommend the appointment of Er. l{ichard 'White of North Carolina who would be available July 1 st. ~kfter discussion with Er. Stephens regarding Er. White's experience and capability, motion was offered by l~r. Wheeler, seconded by Nr. Gibson and unanimously carried, accepting the recommendation of the committee. 390 Application ~was received from W. Gooch, W. Impey and J. Posey to operate a golf driving range on the River Bend property, leased from Dr. Chas. Hurt, said property bounded on the south and west by the Rivanna River, on the north by Route 250, and on the east by the Dr. Pepper Bottling Company and the Thomas Eoore property, and containing an area of ~pproximately 1~0 x 300 yards. On motion by Nr. 'Wheeler, seconded by Nr. Wood and unanimously carried, this appli- cation was referred to the Planaing Commission for recommendation and public hearing on same by this Board was set for 2:30 P.~. on June 17, 1971. ~r. John Humphrey gave a report on the problem of junk cars in the County, advising that there are approximately 6~00 such cars in Albemarle. He gave a brief explanation of the facilities now available through Coiner for the com- paction of junk cars and stated that his department was ready to again start enforcing the ordinance. After some discussion, ~r. Humphrey vas directed to let summer internes in his office make a study of the location of such cars and to seek cooperation of ovmers in the disposal of the cars, particularly those in sight from the public highways. Statements of expenses for the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were su~-mmitted for the month of April, 1971. On motion by ~Lr. Gibson, seconded by Nr. Wheeler, these statements were approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statements of prisoner days and State inspection for the month of April, 1971. On motion by ~Lr. Gibson,, seconded by Nr. ~heeler, these statements were approved. Claim of the Jail Physician was submitted for the month of April, 1971, in the amount of $34.00, of which two-third .is reimbursable by the State. On motion by Nr. Wheeler, seconded by Er. Paulett, this claim was unanimously approved for payment. t~eports of the Department of Public ~e~fare were submitted for the month of April, 1971, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. S.L.H. report for ~he month of April, 1971, was received from Dr. George ~oore, Joint Health Director. Claim of the University of Virginia Hospital in the amount of $2167.%3 was submitted for hospitalization of indigent patients under S.L.H. for the month of April, 1971, and on motion by Nr. Yancey, seconded by Er. Gibson, was unanimously approved for payment. Report of the County Executive was submitted for the month of April, 1971, for information. 391 The County Executive reviewed communications with regard to this County's participation in use of Juvenile Detention Home in Staunton, pointing out that the original localities were each charged the sum of $37,~00.00 as their share of capital costs. At the time this facility was completed, Albemarle was con- sidering the construction of a home to serve localities in this area and did not join in the capital but has been using the facilities on a contractural per diem basis. At times, ~the present facilities are crowded and space is not available to localities who are not part owners. In checking the need and in conferring with the State, it was felt that~Albemarle and Charlottesville should attempt to buy into the home in Staunton rather than construct a facility in this area. The cost to buy in at this time would be $~3,838.00. This would provide for expansion of the home when needed to assure facilities. After discussion, motion was of- fered by Mr. Yancey, seconded by Mr. Paulett, and unanimously carried, to 'buy in" to Re Shenandoah Valley Juvenile Detention Home, suspend rules vz[th regau~d to second reading, and adopt the following resolution: HE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $53,838.00 be and the same is hereby appro- priated to cover the cost of Albemarle County becoming a partici- pating member of the Shenandoah ValMy Juvenile Detention Home. Notice was received of State Corporation Commission hearing at 10:00 A.M. on May 18, 1971, on application of Wilson Trucking Corporation to operate as a common carrier on Interstate 64 between Short Pump and Yancey Mills. On motion by Mr. Gibson, seconded by Mr. Wheeler and unanimously carried, the firm of Dulaney, Balley and Company was selected to audit the County's accounts for the fiscal year ending June 30, 1971. On motion by Mr. Gibson, seconded by Mr. Yancey, it was ordered that check No. 7850 for $9.75, made payable to Teaching Aids Institute, be cancelled since this account was previously paid by Bed Hill School. Report of the S.P.C.A. for the month of April, 1971, was received as infor- mation. Communication vms received from Mrs. Williston L. Clover advising that there is no provision for children attending private schools to have Drivers' Education although the parents of these children are liable for the same taxes as are other residents. She requested that the Board give serious consideration to providing this c6urse to all Albemarle County young people. The matter was referred to the Albemarle Highway Safety Commission. Claims against the County amounting to $1,302,738.23 were presented, examined and allowed, and certified to the Director of Finance for payment and charged against the following funds: 392 General l~evenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Capital Outlay Fund Textbook Fund Cafeteria :F~nd Dog Tax Fund NcIntire Trust ~uud County Water Systems Nental Health SerVices Commonwealth of Va. Current Creddt Account Town of Scottsville, 1% Loml Sales Tax Total On motion, the meeting was adjourned. $ 161.90 69,635.4 60,589 69,4~1. 2'1U2.21 .61 3,718.62 3,127.6~ 7,027 ~ 42~, 146 ~ 9~.!,1, $1,302,738.23