1971-08-19 A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia, was h~ld at the Office Building of said County on the 19t~ day of
August, 1971 ·
Present: ~ess~s. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L.
~eeler, Lloyd F. Wood and ti. A. Yancey.
Absent: None.
Officers present: County Executive and County Attorney.
On motion by Nr. 'Wood, seconded by Nr. Wheeler, unanimously adopted by
recorded vote, minutes of the meetings of July 13, July 1~ and August 6 were
approved as submitted.
The meeting opened with the Lord's Prayer led by Nr. Garnett.
Nr. James Butler introduced the new County Agent, Nr. Richard ~te. Nr.
V~kite stated that it is a pleasure to be here and he is looking forward to work-
ing with the Board.
Nr. ~Warner advised that he had nothing new in regards to highway matters but
would stay for the z~ng hearing regarding petition of Walter Young carried for-
ward from the July 1 5th meeting.
Mr. Paulett called Nr. Warner's attention to the condition of Route 20.
Mr. Wheeler asked about industrial access on Route 660. After some discus-
sion, it was decided to set a meeting with all interested parties at a later date.
Nr. Gibson stated that the Highways Department had not progressed very far
on a choice for a route for the access road at Ivy. Nr. Warner stated that he
had been talking with Nr. Humphrey and that he is working up some information
and at this time it is planned to advertise for a public hearing about the First
of November to review the proposed routes. Er. Gibson asked if there would be
ample opportunity for public inquiry.~ Mr. Warner stated that there would be a
location hearing to review all remaining possibilities.
Nr. 'Wood asked Nr. ~arner for an updated report on Highway~Safety Commission
request for a study of traffic conditions on Route 29 North between Berkeley
Subdivision and the Safeway Store. Mr. Wood has been advised by the Highway
Safety Engineer that traffic conditions on the section of road in question are
not that bad and nothing new is needed. Mr. ~ood then asked the Board to take
this matter under advisement.
Mr. Gibson stated that he had had the same experience with his request for
a study of~e 'West Leigh Entrance. Nr. ~Wheeler mlso had had the same experieGce
with a request for a speed limit change on 01d Boyd Tavern Road.
Mr. Garnett suggested that the Highway Safety Engineer be invited to meet
with the Board and Mr. Warner to discuss this matter and Nr. Batchelor was asked
to arrange a meeting.
~r. Yancey asked Mr. Warner if he had been asked to take 01d Route 29 at
Crossroads on the left side, south, by the colored church back into the system.
Mr. '~arner stated that this was already in the system although no work has been
performed on it recently.
Mr. Batchelor ~resented a request from Dr. Charles W. Hurt asking that
certain roads in Section~ Five, Canterbury Hills Subdivision, be accepted into
the State Secondary System. Mr. Warner stated that he was not aware of this
request but that it might be on his desk. Mr. Gibson asked that the matter not
be delayed and/that the roads be accepted subject to Highway Department approval.
The following resolution was oiTered by Mr. Gibson, seconded by Mr. Yancey, and
adopted by the following recorded vot~e:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
HE IT BESOLVED by the 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 De-
partment, the following sections of roads in Se~ion Five, Canterbury
Hills Subdivision:
1. Smithfield Road - beginning approximately 100 feet beyond its
intersection with ~Westminster Road at the property line between
Lots ~ and 6 and continuing to property line between Lot l0 and
~. ~ ..... Faulconer property - length, approximately 470 feet.
2. Smithfield Road - beginning at property line between Lots~36 and
~7 and continuing to turnaround - length, approximately 3~0 feet.
~. ~mithfield Court - beginning at its intersection with Smithfield
Road and continuing to turnaround - length, approximately ~27 f~'et.
~estminster Road - beginning approximately 1~0 feet from its inter-
section with Smithfield Road and continuing to a point approximately
130 feet oast intersection with Woodhurst Road - length, approxi-
mately 12B8 Feet.
~. Vicar Court - beginning at its intersection with Westminster Road
and continuing to turnaround - a distance of approximately 267 feet.
6. Woodhurst Road - beginning at its intersection with ~estminster Road
and continuing to prope~rty line between Lot 32 and Faulconer property -
length, approximately 69Ill.feet.
7.Woodhurst Court - beginning at intersection with Woodhurst Road
and continuing to turnaround - length, approximately 2~7 feet.
8. Franklin Court - beginning at its intersection with ~oodhurst Road
and continuing in semi-circle to point of beginning - ~ength, approxi-
mately 269 feet.
BE IT F~RTHER RESOLVED that the Virginia Department of Highways be and
is hereby guaranteed a ~0 ft. unobstructed right of way and drainage ease-
ments along~ the se requested additions as recorded by plat in the Office of
the Clerk of the Circuit Court of Albemarle County in Deed Book 48~, page
42O
Communication was received from the ~State Highway Department advising that
as requested by resolution of this Board, dated June 17, 1971, the following
addition to and abandonments from the Secondary System were approved effective
August 4, 1971:
Addition: Section 2 of Route 9003, entrance to Greenwood High School,
length 0.17 mile.
Abandonments: Section 1 of Route 9003, Entrance to Greenwood High School,
length 0.17 mile.
Route 9007, entrance to Albemarle Trai~ing School, length
0.03 mile.
Report was received from Mr. R. G. Warner on operation and fiscal sunzmary
for the yaar 1970-71 and copies were given to each Board member.
Mrs. Joan Graves, President of Berkeley Community Association, presented
petition requesting that Commonwealth Drive and the two un~amed feeder roads in
Section 4, Deed Book 373, page 79, be permanently closed. Mr. Humphrey Stated
that a traffic report submitted to the Planning Commission in connection with this
petition would not be presented at this meeting, but that copies would be mailed
to the Board member s. Mr. Ht~mphrey also stated that the planning Oi~fice had for
over a year investigated this matter and had concluded that no extension should
be carried through for the protection of single family residences because, generally,
roads in Berkeley are not constructed for major thoroughfares. Mr. Gibson asked
if this mabter should not be returned to the Planning Commission for their con-
sideration and recommendation, to which Mr. Wood stated that when ZMP-177 was
presented in behalf of BECA Corporation in thirty days, the Board would receive
a report from the adjacent owners. Mr. Garnett said this was a specific request
and should be acted on now. Mr. Warner stated that Commonwealth Drive is not in
the Secondary System although same has been dedicated to public use and i~nain-
rained by the Highways Department. .After discusion of the matter, motion was
offered by Mr. Gibson, seconded by Mr. Wood, to refer this matter to the Planning
Commission for their advice and recommendations. This motion carried by the
following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, '~eeler, ~ood and Yancey.
NAYS: None.
At 9:~ a.m. Dr. Avery Catlin, Ch~rman of the Planning Commission, presented
to the Board the County Comprehensive Plan asking that a public hearing be ordered
as soon as possible. After discussion of this matter, motion was offered by Mr.
Paulett, seconded by Mr. Wheeler, that a special meeting be called for September
9, 1971, at 7:50 p.m. in the Court Room and that the Clerk publish notice of this
meeting, once a week for two successive weeks. This m~tion carried by the follow-
ing r~corded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, Yan~ and Wood.
NAYS: None.
421
At 9:45 a.m. the Chairman called for a continuation of the public hearing
on the~ Soil Erosion Ordinance. Mr. G. Bourne Wayland reported that this com-
mittee had no fUrther report. The County Attorney stated that he had requested
a ruling from the Attorney General but had had no reply. He advised the Board
to hold the public hearing this date but to wait for a ruling From the Attorney
General before adoption. The Chairman then called on the public for comments.
Mr. Robert Gillum read statement From Westvaco which in essence was in agreement
with the ordi~nce but noted that they did not believe that private landowners and
loggers can operate under the po~ovisions of Section 20-6, parsgraph (b). Ar.
George Dean, District Forester, suggested that said Section be amended by
striking the words "under the supervision of" and "oFficials of". Since~?there
was a large number from the public who wished to be heard and the time allotted
for this public hearing had expired, motion was offered by Mr. Wheeler, seconded
by .Ar. Wood, that this hearing be adjourned until the next regular Board meeting
on September t6 at 1:30 p.m. This motion carried by the following recorded vote:
AYES: Aessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
At !0:00 a.m. the Chairman called for public hearing on Zoning Bequests as
advertised in the Daily Progress on August 6 and August 13, 1971, as Follows:
(1) 'ZMP-170 - Application of Walter A. Young to rezone 5.32 acres from A-1 to
1~-1. Property located in Greenwood area at the end of a private road
intersection with Route 691. Deferred from July 15, 1971, meeting.
Mr.~ Young was present in support of his application. Mr. John Humphrey advised
that the Planning Commission had recommended denial. Mr. Warner stated that he
had agreed to a 40 ft. right of way but does not think this road is up to stan-
dards of the subdivision ordinance. Mr. Batchelor suggested that the Planning
Commission, representatives of the Highway Department and Mr. Young meet at the
site so that a complete report would be available for the Supervisors at their
next meeting. After lengthy discussion, motion was offered by Mr. ~Tneeler,
seconded by Mr. Wood, deferring action on this request pending complete report
of over-all plan of what is to be developed on this property. This motion carried
by the fol~lowing recorded vote:
AYES: Aessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
(2) ZAP-l?5 - Application of S. L. Corporation to rezone 26.09 acres from A-t
to B-1. Property located on t~oute 250 West near Routes 240 and 635.
Mr. Hallett, and Mr. Ausselman, attorneys, were present on behal~ of the appli-
cant. Col. Paddock and Mr. Gerald Fisher spoke in opposition. After lengthy
discussion, motion was offered by Mr. Gibson, seconded by Mr. Paulett, deferring
action on this request until the next Board meeting on September 16. This motion
carried by the following recorded vote:
AYES:
NAYS:
Aes~s. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
None.
422
(3) ZMP-172 - Application of i~oggins Motor Company to rezone 8.76 acres from l~
to B-1. Property is located on i~oute 29 North across from 'Woodbrook Sub-
divi sion.
Mr. Forbes Eiback, attorney, was present on behalf of the applicant. No one
appeared in opposition. Mr. Humphrey reported that the Planning Commission
recommended approval as r. equested. Motion was made by Nr. Wheeler, seconded by
Gibson, to approve the application as recommended by the Planning Commission.
This motion carried by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, WoOd and Yancey.
NAYS: None.
(4) ~2P-173 - Application of N. A. Price and Eddie Wood to rezone 31.88 acres
from A-1 to B-1. Property located off of I64 at Yancey N~lls.
Mr. Carl Shumate was present on behalf of the applicants. Mrs. H. H. Plummer,
Col. Jackson, Col. Paddock, B~yce Loving, and L. N. l~ogsrs spoke in opposition.
Mr. Humphrey advised that a petition had been presented to the Planning Commis-
sion requesting denial and that the Commission recommended denial. Nr. FOrbes
Eiback, attorney, represented the petitioners. After lengthy discussion, motion
was offered by Mr. Gibson:,~ seconded by Nr. Wheeler, to deny the application as
recommended by the Planning Commission. This motion carried by the following
recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler and Wood.
NAYS: Mr. Yancey.
(5) Z~P-176 - Application of Dr. Charles W. Hurt to rezone 180 acres from A-1
to t~-1. Property is located on I~outes 784 and 640 near Stony Point.
Mr. Humphrey read a letter from Dr. Hurt requesting that this application be
withdrawn at the present time, due to lack of supporting data regarding the
availability of water. Notion was made by Mr. Wheeler, seconded by Mr. Gibson,
granting this request. This motion carried by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None. -
(6) ZMP-177 - Mr. Humphrey advised, that application of BECA Corporation had not
been acted upon by the Planning Commission and would not be presented to this
meeting.
(7) ZMP-147 - Application of O'Neill Enterprises, Inc. to rezone 152~1.5 acres
from B-1 to A-1. Property is iocated on 5th Street Extended at [8~.
Mr. Ed Dee~s, attorney, was present on behalf of the applicant. No one appeared
in opposition. Mr. Humphrey reported that the Planning Co--ion recommended
approval. Motion was offered by Mr. Gibson, seconded by Mr. ~ood, accepting the
recommendation of the Planning Commission. This motion carried by the following
vote:
NAYS:
Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
None.
423
(8)
S~'-88 - Application of O'Neill EnterpriSes, Inc. to locate a planned
community in A-1 zone located on 5th Street Extended at I-6~.
Ar. Ed Deets, attorne$, appeared on behalf of the applicant. No one appeared
in opposition. Mr. Humphrey reported that the Planning Commission recommended
approval with the following conditions:
That prior to any construction within the development located in the
County that a plan for a given phase of development be ~u~mitted to the
County Planner who will in turn recommend the best methods of prevention
of soil erosion and siltation and methods of storm drainage with the
assistance of the Soil Conservation Service and the County Engineer.
That all collector roads be constructed to meet the requirements of the
Virginia Department of Highways subdivision standards for inclusion in
the State System and that all other roads servicing individual residential
areas be privately maintained.
That a document be prepared by th~ applicant dedicating the open space and
recreational areas for public and/or private residents use and the maans
of providing maintenance of said open space and recreation area. Said
document is to be recorded in the Clerk's Office at the time of approval
of individual subdivision plats in a 10 acre minimum area.
That the applicant enter into an agreement with the County to reserve within
the Willoughby Planned Community a 1~ acre possible school site in the
southeast part of the property along Moores Cree~. The agreement is to
remain in effect until such time as 60% of the residential development as
shown on the master site plan is constructed, at which time the Droper
ofibial of the County is to make a determination as to the need for a
school at this location. Such a decision may take place before the 60%
completion term.
That the County is required to locate a treatment facility in the general
area which could serve the project, that all units not connected to the City
system be connected to the County system when available.
After considerable discussion, motion was offered by Mr. Gibson, seconded by Mr.
Wood, accepting the recommendation of the Planning Commission with stated con-
ditions plus obtaining an option for a firm price over a fixed period of time
being negotiated. This motion carried by the follo~_ng recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
(9)
Z~P-174 - Application of Anne W. Gregory and heirs of John G. Wallace to
rezone 1.69 acres from A-1 to t{&l. Property is located on l~oute 708 near
Ivy Depot.
Mr. Humphrey reported that the Planning Commission had recommended approval as
RS-1. Motion was offered by Mr. Wood, seconded by Mr. Yancey, to accept the
recommendation of the Planning Commission. This motion carried by the following
recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, 'Wheeler, 'Wood and Yancey.
NAYS: None.
In accordance v~th notice published in the Daily Progress on August ~ and
August 12, 1971, the chairman called for public hearing on proposed Redistricting
Ordinance. Mr. D. B. Marshall, County Attorney, read the proposed ordinance. No
one from the public appeared. On motion by Er. Gibson, seconded by Mr. '~heeler,
the ordinance, which follows, was adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
424
AN 0BDINANCE TO E~TAELISE ~AGI~IAL DIStrICTS, ELECTION DISTRICTS, VOTING
PRECINCTS AkrD POLLING PLACES IN ~ COUNTY
BE IT ORDAINED by the Board oF County Supervisors of Albemarle Co~uty, Virginia,
as follows:
I. That the County of Albemarle shall be divided into six (6) magis-
terial districts which shall be i~amed and bounded as follows, and which shall be
the election districts for said CountY within the meaning of Virginia Code Sec-
tion 1~.1-~71.1.
(a) charlottesville Nagisterial District, to be bounded as heretofore
determined by report of the commissioners of the Circuit Court of
Albemarle County filed in the Clerk's Office on February 19, 1971, and
as shown on ~ae map attached hereto.
(b) Jack Jouett Eagisterial District, formerly named Ivy Nagisterial Dis~-
-~' rict, to be bounded as heretofore determined for Ivy District by
report of the commissioners of the Circuit Court of Albemarle County
filed in the Clerk's Office on February 19, 1971, as shown on the map
attached hereto.
(c) l~ivanna Nagisterial District, to be bounded as heretofore determined
by report of the commissioners of the Circuit Court of Albemarle County
filed in the Clerk's Office on February 19, 1971, and as shown on the
map attached hereto.
~agi. sterial
(d) Samuel ~iller/District, to be bounded as heretofore determined by report
of the commissioners of the Circuit Court of Albemarle County filed in
the Clerk's Office on February 19, 1971, and aa shown on the map at-
tached hereto.
(e) Scottsville Nagisterial District, to be bounded as heretofore determined
by report of the commissioners of the Circuit Court of Albemarle County
filed in the Clerk's Office on February 19, 1971, and as shown on the
map attached hereto.
(f) White Hall ~agisterial District, to be bounded as heretofore determined
by report of the commissioners of the. Circuit Court of Albemarle County
filed in the Clerk's Office on February 19, 1971, and as shown on the
map attached hereto.
2. That the said Charlottesville Eagisterial District shall include one
voting precinct co-extensive with said District with a voting place at ~oodbrook
School. ~'
3. That the said Jack Jouett ~agis~erial District shall include one voting
precinct co-extensive with said District with a voting place at Jack Jouett
School.
~.' That the said l~ivanna Nagisterial District shall be divided into three
425
voting precints, bounded as shown on the map attached hereto and name~ as follows:
(a) Earlysville precinct with the voting place at the Parish Hall in
Early sville.
(b) Stony Point Precinct with the voting place at the l~uritan ~ailding in
Stony Point.
(c) Keswick Precinct with the voting place at the Community Center in Keswick.
~. That the said Samuel Miller Magisterial District shall be divided into two
voting precincts, bounded as shown on th ttached hereto and named as follows:
(a)
Ivy Precinct with the voting place at St. Paul's Parish House in Ivy.
North Garden Precinct w~th the Voting place at Red Hill School.
That the said Scottsville Magisterial District shall be divided into four
voting precincts, bounded as shown on the map attached hereto and named as follows:
(a) Covesville Precinct with the voting place at the Covesville Baptist Church.
(b) Porter's Precinct with the vo$ing place at Tapscott's Wood Yard in Esmont.
(c) Scottsville Precinct with the voting place at the Old Theater Building
on Valley Street in Scottsville.
(d) Monticello Precinct with the voting place at Michie Tavern on State
l~out e ~3-
7. That the said White Hall Magisterial District shall be divided into two
voting precincts, bounded as shown on the map attached hereto and named as follows:
(a) Crozet Precinct 'Swi th the voting place at the Fire House in Crozet.
~b) Free Union Precinct with the voting place at the Jr. O.U.A.M. Council 166 Building at Free Union.
AND BE IT F~RTHER 01LDAINED that this ordinance and a map showing the magis-
teri$1 district and voting precinct boundaries hereby established shall Be pub-
lished once a week for two successive weeks in the Daily Progress, a newspaper
having _general circulation in all of the magisterial .districts of Albemarle County.
UNION
PRECINCT
N
f, CROZET PRECINCT
/
KEY
GARDEN
PRECINCT
L
426
At 1:30 P.~. the Chairman called for public hearing on Zoning Requests as ad-
vertised in the Daily Progress on August 6 and August 13, 1971, as follows:
(1) 8-121 - Application of Tom ~ills t9 Dlace a mobile home on property located on Route 601 north oi Route 876 near Free Union.
No one appe~ared in regard to this application. Er. Humphrey reported that the
Planning Commission recommended approval subject to Health Department approval
of septic System and 100 ft. setback. Eotion was made by Nr. Wood, seconded
by Er. Yancey, to accept the reco~mmendation of the Planning Commission. This
motion c~rried by the following vote:
AYES: Eessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
(2) ~-1~ - Application of Julia N. Knight to locate a grocery store and ser-
vice station on ~roperty located on Route 20 at Eastham, Va.
Ers. Knight was present in support of her application. No one appeared in op-
position. N~. Humphrey advised that she does not wishto locate a gasoline ser-
vice station on this property. Accordingly, the Planning Commission recommended
approval subject to Highway Department approval, Health Department approval of
septic system, and the staff ~isiting on site with representative of the appli-
cant to determine proper location for off-street parking space to accomodate at
least six cars. The Planning Commission has instructed the Secretary to draft
a plot plan with assistance of the applicant and have this made a part of the
permit. Notion was made by Nr. Wood, seconded by Nr. Yancey, acc~Dting the
recommendation of the Planning Commission. This motion was carried by the fol*
lowing recorded vote:
AYES: ~essrs. Garnett, ~ibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
(3) ~-123 - Application of Robert E. Yowell to place a permanent mobile home
on 4.42~ acres of land located on Route 628 off of Route 810 near Boonesville.
No one appeared with regard to this application. Nr. Humphrey reported that the
Planning Commission recommended approval subject to Health Department approval
of septic system and 100 ft. setback off of Route 628. Notion was made by Er.
Yancey, seconded by Nr. Gibson, to accept the recomendation of the Planning Com-
mission. This motion carried the following vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
(4) EP-124 - Application of Rev. Temple S. Collins to place a permanent mobile
home on 3.70 acres of land located on Route 649 near the Albemarle Charlottes-
ville Airport in E-1 zone.
Rev. Collins was present in support of his application. No one appeared in op-
position. The Planning Commission was told that this mobile home is to be
temporary in nature until such time as a parish house cuuld be constructed. The
Planning Commission recommended that it be placed at the rear of the Church so
that if it was seen from either end of the Church that screen tree, s be planted~
427
t
and the standard Health Department approval of a septic system. However, when
the Commission discovered that the mobile home would be temporary, they felt that
possibly the screening would not be necessary in view of the possibility that a
standard dwelling would be constructed in the near future. The Planning Commis-
sion then recommended approval subject to Health Department approval of a septic
system and granted permit on a year to yaar basis renewable by the administrator
at the end of eahh year conditional upon temporary permit in line with cOnstruc-
tion in front of dwelling. After lengthy discussion, motion ~s offered by
Paulett, seconded by Nr. Wood, that recommendation of the Planning Commission be
accepted with the words "adequate screening" be re-inserted, such adequate screen-
ing to be determined by the Planning Office. This motion carried by the following
recorded vote:
AYES: Eesars. Garnett, Gibson, Paulett, Wood and Yancey.
N~S: Nr~.Wheeler.
(~) Epecial Permit, application of Charlottesville-Albemarle Jaycees to locate a
"Back ~to School Fun Fair" on~ property located on Pantops Eountain.
Nr. Humphrey read a letter from Nr. Darden Towe and Er. Narshall Pryor appeared
on behalf of the Jaycees. No one appeared in opposition. In answer to ~uestion
raised by the Board, ~r. Humphrey advised that it was not necessary for the
Planning Commission to act on this application for a Special PermitL~ On motion
by Nr. Wood, seconded by Nr. Wheeler, this application was approved with the
recommendation that no parking would be allowed along Route 2~0 East. This .motion
carried by the following recorded vote:
AYES: Eessrs. Garne~t, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
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 July,
1971. On motion by Nr. Yancey, seconded by Nr. Wood, these statements were ap-
proved by the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, ~neeler, Wood and Yancey.
NAYS: None.
Statement of expenses incurred in the maintenance of the County Jail was
~tted along with stm~mary statement of prisoner days. ~otion was made by
Yancey, seconded by Nr. Wood, approving these reports and carried by the follow-
ing recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, wheeler, Wood and Yancey.
NAYS: None.
Claim of the Jail P~ysician was submitted for the month of July 1971, in the
amount of $64.00, of which tw~thirds is reimbursable b~ the State. On motion
by Nr. ~neeler, seconded by Nr. Yancey, this claim was approved by the following
recorded vote:
428
AYES: ~es~rs. Garnett, Gibson, Paulett, '~neeler, 'Wood s~ud Yancey.
NAYS: None.
The County Exwcutive submitted his report for the month of July, 1971, for
information.
l~eports of the Department of Public W~lfare were submitted for the month of
July, 1971, in accordance with Sections 63-67.1 and 63-67.2 of the Code of
Virginia.
Claim of the University of Virginia Hospital was submitted in. the amount of
$588.20 for hospitalization of indigent patient under ~LH for the month of July,
1971,. On ~otion by Nr. Yancey, seconded by Nr. Wood, this claim was approved
for payment by the following recorded vote:
AYES: Ness~s. Garnett, Gibson, Paulett, ~neeler, 'Wood and Yancey.
NAYS: None.
New E~H Contracts for the year beginning July 1, !971, were received from the
University of Virginia, Virginia Commonwealth University and '~aynesboro Community
Hospital. The Waynesboro contract included a per diem rate of $~8.69. Both the
University of Virginia and Virginia Commonwealth University contracts included a
per diem rate of $68.~8. On motion by Nr. Gibson, seconded by Nr. Wheeler, the
County Executive was authorized to execute these contracts. This motion carried
by the following recorded ~o'~e:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
~r. J. D. Johnson of Covesville was nominated by Nr. Yancey to the Welfare
Board to fill the unexpired term of Nr. Comer Smith whose resignation the Board
~had accepted effective June 30, 1971. On motion by Nr. Yancey, seconded by Nr.
· ~eeler, this nomination was approved by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None
Nr. N. Y. Sutherland, chairman of the livestock committee appointed by the
Board, gave report and offered the following recommendations of his committee:
1. Lambs to be paid for at fair market value, considering quality and
weight, but in no case less than $15.00.
2. Adult sheep to be paid for at fair market value Considering quality,
weight and age, but in no ca~e at more than $~0'.00~not less than $5.00.
Notion was offered by ~r. Wheeler, seconded by Nr. Wood, that the recomendations
of the livestock committee be adoptad with the addition of fair market value for
cattle. ~is.motion carried by the following recorded
AYES: Ness~s. Garnett, Gibson, Paulett, Wheeler, ~oo~ and Yancey.
NA~S: None.
Claim against the Dog Tax Fund for Guy Via was again brought up for ~nsidera-
tion. Notion was offered by Nr. Wheeler, seconded by Nr. Gibson, to pay Nr. Via
z 29
in accordance with policy adopted above. This claim totalled as follows: 17
lambs @ $15.00 each; 2 three-year old ewes and one 18month old ewe @ $30.00 and
five old ewes @ $15.00 each, making a total of $420.00. This motion carried by
the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
Claim against the Dog Tax Fund for l~oy Bailey was agsh submitted for con-
sideration. Notion was made by Mr. Wheeler, seconded by Uro Gibson, to pay this
claim as follows: 3 lambs @ $15.00 each, 2 two-year old ewes @ $25.00 each and
2 older ewes @ $15.00 each, making a total of $125.00. This motion carried by the
following recorded vote:
ATES: N~ssrs. Garnett, Gibson, Paulett, 'Tfneeler, Wood and Yancey.
NAYS: None.
Claim against the Dog Tax Fund for Robert ¥. Clarke was submitted. Notion was
made by Mr. ~heeler, seconded by Mr. Yancey to pay this claim as follows: I 1-arab
@ $15.00; 2 lambs @ $20.00, makimg a total of $55.00. This motion carried by the
following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, ~neeler, and Yancey,
NAYS: None.
Not Voting: Mr. Wood.
Claim against the Dog Tax Fund was submitted for Ollie B. Dean.~
made by Mr. Wheeler, seconded by Mr. Yancey, to pay this claim as follows: ~ ewes
~ $15.00 for a total of $60.00. This motion carried by the following recorded vote:
AYES: Ness~s. Garnett, Gibson, Paulett, ~heeler and Yancey.
NAYS: None.
NOT VOTING: Mr. ~ood.
Mr. C. Alphonso Smith, president of the Charlottesville Tennis Patrons, again
appeared before the Board in reference to the Albemarle High School tennis courts.
After considerable discussion, the Board decided that this was solely a School Board
matter and referred Mr. Smith back to the School Board.
Cla~ against-: the DoE Tax Fund was received from Guy Via. Notion was made by
Mr. Wheeler, seconded by Mr. Yancey, to pay this claim as follows: ? ewes @ $15.00
each, 3 lambs @ $18.00 each, 1 buck @ $125.00, 1 lamb @ $1~.00 and 2 sheep @ $15.00
each, making a total of $329.00. ~his motion carried by the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Claim against the Dog Tax Fund was received from Boy Bailey. Notion was made
by Mr. 'Wheeler, seconded by Mr. Yancey, to pay this claim as follows: 2 lambs
$18.00 each, I ewe @ $25.00 and I ewe @ $15.00, making a total of $76.00. This
motion carried by the following recorded vote:
430
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAY'E: None.
Nr. Douglas Hudson, appeared before the Board requesting a supplement to
his allowance as Justice of the Peace. This has resulted From a recent ruling
of the Attorney General..approximately $300.00 a month. City Council has
authorized the City to pay J.P. fees on warrants. Leng~h~jdiscussion followe&
but the Board did not feel that they should act on this request but the Judge
should provide some way to supplement the allowances. It was pointed aut that
that majority of cases at night are County cases. After consideration, the
County Executive was directed to have the Commonwealth's ATtorney request an
opinion of the Attorney General on this matter.
Communication was received From Ray B. Jones advising that it would be
necessary to make a special appropriation in the amount of $4,000.00 to the
General Revenue Fund-Capital Outlay for the Vocational-Technical Center. T~s
is needed to complete payment of the County!' s share for architect's fees. On
motion by Er. 'Wood, seconded by ~r. Yancey, rules with regard to second reading
were suspended and the following resolution unanimously adopted by the following
recorded vote:
A~ES: Ness~s. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT BESOLVED by the Board of County S~pervisors of Albemarle County,
Virginia, that $4,000.00 be and the same is hereby appropriated to the
Vocational-Technical Center.
Communication was received ITom Nr. Jones advising that it would be necessary
to make a special appropriation in the amount of $172,938.00 to the Chris Greene
Project. He noted that tD~is project is a jointly funded one but that the County
is responsible for paying all bills and applying for reimbursement through the
State. On motion by Nr. Wood, seconded by Nr. Wheeler, rules with regard to second
reading were suspended and the following resolution adopted by the followi~ng
recorded vote:
AYES: Nessrs. Garnett, Gibson, P~ulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT I~ESOLVED by the Board of County Supervisors of Albemarle C~nty,
Virginia, that $172,938.00 be appropriated to the Chris Green~e Pr~ect,
of which all but $43,234.~8 will be rei~nded B~ the State.
Communication was received From Nr~ Jones advising that it would be necessary
to make a special appropriation in the mmount of $1,860.00 to the Nint Spring
Project. This money is needed ~o ~ay surveying charges. On motion by~ Nr~ Wood,
seconded by Er. V~neeler, rules with regard to second reading were suspended and
the following resolution adopted by the fOllowing recorded vote:
4'31
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, and 'Wood.
NAYS: Mr. Yancey.
~E IT tbE~SOLVFL0 by the Board of CountySupervisors of Albemarle Cottnty,
Virginia, that $ I, 860.00 be appropriated to the Eint Spring Project.
The following communication was received from Mr. Bay B. Jones concerning the
~ental Health Services Budget:
"Since July 1, 1971, the Eental Health Board has gotten additional
State funding providing the County and C~tY continue to contribute
approximate_ly $20,000 per year each. The 1970-71 ra~ti~o Was 25%
Coun. ty, 25% City ~and 50% State. Now the ratio is 12~% County,
12~% City a~d 75~ State. In short, the total budget will increase
from $80,99~ to $160,788 for the current fiscal year 1971-72 without
an increase in local money.
It will be necessary for the Board of Supervisors to approve the
amended budget by motion; however, it is not necessary to have a
special appropriation since there are no local funds involved and
the additional allocation is paid in advance by the State. This is
different from the Federal Education Programs because the County
finances these programs with reimbursement by the Federal Government"
~r. Batchelor asked for a special approp~riation and it was~proved on motion
by Mr. Yancey, seconded by Mr. Gibson, and carried by the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Communication was received from Mr. Jones advising that it would be necessary
to make certain appropriations in connection with Federal Programs in EdUcation
which are financed solely from Federal Funds. On motion by Mr. Yancey, seconded by
Mr. Gibson, rules with regard to second reading were suspended and the following
resolution adopted by the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, and Yancey.
NAYS: None.
NOT VOTING: Mr. ~Wood.
BE IT BESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the following sums b~ appropriated for the.purposes
indicated:
(1) Pre-School Hearing Handicapped Program - $2,967.16.
(2t Special Education Program - $20,000.00.
~ (3 Distar Program - $20,000.00.
(4 Forestry Option Program - $2,237~45.
!5~) Adult Basic Education Program - $1~,250.00.
Mr. Wheeler requested that the County Executive furnish copies of special
appropriation requests in advance of ~board meeting dates. The rest of the Board
concurred.
Communication was received from Mr. Norman Gillum submitting his resignation
as a member of the Albemarle County Service Authority, effective December 31, ~971
or as soon as a replacement can be found. On motion by Mr. Yancey, seconded by Mr.
Gibson, Mr. Gillum's resignation was accepted with regret. No appointment was made
to fill this vacancy. ~otion carried by the following recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, '~heeler, 'Wood and Yancey.
NAYS: None.
The County Executive presented statementT.~listing accounting of Albemarle
County Service Authority funds. Er. D. B. ~arshall, County Attorney-, presented
an agreement which had been drawn to make a formal record of the monies owed by
the Authority to the County as a result of certain advances of money. Nr. Gibson
did not feel that the Board should give any impression that the Service~ Authority
has been advanced this sum of money f£om the County, that there is any remote
possibility that a substantial portion of this money might be repaid to the County
in the near future. Nr. Batchelor stated that it had been made clear that the
acquisitions and the building on the 29 North Project would be repaid in about ten
years after bonds are floated. After lengthy discussion, motion was offered by
Gibson, seconded by Er. ~Wheeler, authorizing execution of the agreement, which
follows. This motion carried by the following recorded vote:
AYES: Nessrs. Garnett, Dibson, Paulett, Wheeler, ~ood and Yancey.
NAYS: None.
THIS AGEEE~NT, made this 19th day of August, 1971, by and between
the Board of Supervisors of Albemarle County,~hereinafter called County,
and Albemarle County Service Authority, hereinafter called Authority,
'WI T N E S SE TH:
WHEREAS, the Authority, a body politif and corporate created by the
County pursuant tothe Virginia Water and Sewer Authority Act, has from
time to time agreed with the County to undertake certain projects for the
provision of water supply and sewage treatment and disposal in Albemarle
County; and
~f~EAS, the Authority has on some occasions been unable from its
own resources, to finance the necessary purchases of land and equipment
for some of those projects, and the County has, therefore, advanced from
its general funds the necessary money for such purchases upon the under-
standing that such advances would be repaid by the Authority when the
revenues from such projects were sufficient to repay the same after payment
of the operational and maintenance costs and the debt service charges upon
the Authority' s bonded indebtedness; and
WHEREAS, the County and the Authority desire by this agreement to
make a formal record of the monies owned by the Authority to the County
as a result of those advances and the mutual understandings for payment
thereof;
NOV~, THEREFOBE, THIS AGEEEMENT FURTHER ~TNESSETH AS FOLLOWS:
1. The Authority here~ acknowledges that it is indebted to the County
in the aggregate sum of $979,660.16, representing advances from the
County's general funds which were made for the following purposes:
(a) Purchase from Sydnor Hydrodynamics Company of existing water
systems in the residential subdivision of Colthurst Farm,
~ontvue, Flordon, West Leigh and Woodbrook .............. $200,000.00
(b) Purchase from Daley Craig, Inc. of the water system in
Section ~ of Hessian Hills .............................. 15,000.00
(c) Purchase from Commonwealth Utilities, Inc. of the w~er
and sewer systems in Berkeley Community ............. ,.. 179,000.00
(d) Construction of the sewer system for the ~Town of
Scottsville and environs (excess cost over U.S. Grant).. 53,961.93
433
(e) Construction of 12-inch water line from Carrsbrook to Montvue
along U.S. 29, SPCA road, Rio Road and Georgetown Road (Phase
I - North Rivanna 'Water Project) ............................ $1~6,999.34
(f) Fmgineering and inspection for (e) .......................... 9,823. ~
(g) Construction of 12-inch water line from Carrshrook north on
U.S. 29 to North Rivanna River and from U.S. 29 along Route
649 to Airport .............................................. 331,49~.45
(h) Engineering and inspection for (g) .......................... 33,379.89
2. The Authority further hereby agrees that it will'pay to the County all
net surplus revenues from operations of said systems after adequate provision for
operation and maintenance and all payments required by the Authority's several
bond resolutions heretofore adopted, such payments to be applied in reduction of
the debt to the County.
3. The Authority further hereby agrees that if it shall issue additional
bonds for ~urther development of water and sewer system-s in Albemarle County based
upon its revenues, it will repay said advances from the proceeds of sale of such
bonds.
4.. If at any time hereafter, the Authority shall sell or otherwise transfer
its sewer or water systems to any other authority, public service corporation of
governmental agency, the entire unpaid balance of said(~advances shall immediately
become due and payable.
~. Nothing contained in this agreement shall prevent the County from waiving
its right to repayment of any part or all of such advances when the same become
payable hereunder if, in the judgment of the County, the best interests of the
citiz~ms of Albemarle County will be served by such waiver, but such waiver shall
only serve to extend the time for repayment and shall not be construed as a for-
giveness of the unpaid balance of debt.
6. Upon repayment of said advances by the Authority to the County, the County
will forthwith convey and transfer to the Authority any and all lands and equipment
then owned by the County in connection with the water and sewer systems described
in the preamble of this agreement.
7. Nothing contained in this agreement shall be construed to prevent the
Authority from undertaking additional water and sewer system projects in Albemarle
County in the future in the manner provided by law from financing such projects by
issuing bonds with the approval of the County.
IN WITNESS ~OF the County and Authority have caused this agreement to be
executed in duplicate by their respective chairmen and their seals to be affixed
and attested hereinbelow.
B0~qD OF SUPi,~IVISORS OF AL~ARLE COUNTY
At te st:
(Signed) June T. Moon, Clerk
( si gned)
E.~ N. Garnett ....
Chairman
COUNTY .q~qVICE AUTHORITY
AStest:
(Signed) T. M. Batchelor, Jr. Secretary
(signed)
HedleY. M. Bowen
Chairman
On motion by Mr. Gibson, seconded by Mr. Wheeler, the following resolution
was unanimously adopted:
WHEREAS, it iS the desire of the County of Albemar]s and the City
of Charlottesville to provide for the order~y/~development of the joirf&y
owned airport to insure maximum benefit to the community, and
WHEREAS, it is the opinion of the Board of Supervisors and the
City Council that the development of a master plan can best be accomplished
through retaining a consulting engineer;
4'3':4
N0~~, THERE--, BE IT RESOLVED by the Board of Supervisors of
Albemarle ~ounty, Virginia, that the County Executive is authorized
to enter into a contract with Dewberry, Nealon and Davis to perform
engineering services for the development of an airport master plan
study subject to the availability of funding through the Federal
Aviation Administration; and
BE IT F~RT~ RESOLVED that the County Executive and the Chair-
man of the Board of Supervisors be and they are hereby authorized to
execute the necessary agreements.
The resolution was adopted by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
$.P.C.A. report for the month of June, 1971, was received and copies dis-
tributed to each member of the Board for information.
The following communication was received from Nr. Bay B. Jones concerning
advertisement of delinquent tax list:
"Each year, the auditors are critical of the~County because Section
~8-98~ of the Code speaks of advertisement of the list of taxpayers
delinquent for all prior years in August.
The policy of the County in the past has been to advertise only in April
all real estate taxes that are three years delinquent. If not paid,
these delinquent parcels are sold to theCommonwealth.
I recommend that the Board of Supervisors pass a motion to forego
this procedure of advertising recommended above (Code Section ~8-983)
and follow the same procedure of the past years. The County has enjoyed
a very successful tax dollection vAth this procedure. Actually, the
Code Section is designed for those local governments that have a
treasurer and commissioner. If the County did advertise for two suc-
cessive weeks, the cost would be approximately $500.00."
Upon motion by Nr. Gibson, seconded by Nr. Wood, the recommendation of ~r. Jones
was accepted by ~ue following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
On motion by Nr. Wheeler, seconded by ~r. Gibson, rules with regard to second
reading were suspended and the following resolution adopted by the following
recorded vote:
AYES: ~esars. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
BE IT tLESOLVED l~y the Board of County Supervisors of Albemarle
County, Virginia, that $2500.00 be appropriated to be used for Bis
centennial Celebration expenditures.
On motion, the meeting was adjourned until
7.:30 P.~. on September 9, 1971~