1971-10-21 A regular meeting of the Board of County S~pervisors of Albemarle County,
Virginia, was held at the County Office Building of said County on the 21 st
day of 0ctober, i 971.
Present: Neszrs. E. N. Garnett, Joseph E. Gibson, F. E. Paulett, Gordon L.
~]~eeler, Lloyd F. ~ood, Jr. ~d R. A. Yancey.
Lbsent: None.
Officers present: CoUnty Executive and Nr. Clyde Gouldman, substituting
for the County Attorney~
The meeting opened with the Lord' s Prayer led by Nr. Garnett.
On motion by ~r. Wood, seconded by Nr. Gibson, Dr. J~mes T. Hamlin, III was
appointed to the Charlottesville~Albemarle Community ~ental Health Service
Board. Dr. Hamlin's term will end December 31, 197~ Notion carried by the
following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Er. Bat~helor presented a resolution from Nelson County petitioning to join
the Charlottesville-Albemarle Co~nunity Eental Health and Retardation Board. The
following resolution was offered by Nr. Wood, seconded by ~r. Yancey, and carried
by the following recorded vote:
AIiES: ~essrs. Garnett, GibSOn, Paulett, ~heeler, Wood and Yancey.
N~YS: None.
BE IT ~SOLVED by the Board of County Snpervisors of Albemarle
County, Virginia, that the request of Nelson County to join the Char-
lottesville-Albemarle Community Health and Retardation Service Board
be granted and that the participation be on a ~0~ per capita basis
for the balance of the fiscal year, amounting to $3,906.00
On motion by Er, Paulett, seconded by Nr. ~eeler, minutes of the meeting
September 16, 1971, were approved with the following corrections: Page ~2, para-
graph ~, second line, should read "that the records clearly indicate the ~proxi.-
mate breakdown on the $4,8~0,000.00" and paragraph ~, fourth line, "to cover the
following items in ~their ao~r0ximate .amounts ~s .show~". ~otion carried by the
following recorded vote:
AYES: l~essrs. Garnett, Gibson, Paule~t,~neeler, -~ood a~ud Yancey.
NAYS: None.
Communication was received ~rom Nr. Percy ~ontague, III, PreSident of the
Greenbrier Corp. requesting that Idlewood Road in ~oodbrook Snixlivision be ac-
cepted into the Secondary System. The Following resolution was offered by
Yancey, seconded by~Nr. ~heeler, and adopted by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Paulett, ~eeler, 'Wood and Yancey.
NAYS: None.
455
HE IT RESOLVED 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 Mi ghways,
subject to final inspection and approval by the Resident Highway
Department, the following road in Section VIII-A of Wood,rook Sub-
division:
Idlewood Road iT' beginning at a ~0int just north of the
driveway to house located on Lo~ 45 and continuing in a
northerly direction for approximately 3~0 feet to the
~oodbrook- Carr sbrook line.
~E IT F~RTEER RESOLVED that the Virginia Department of Highways
be and is hereby guaranteed a 50 ft. unobstructed right-of-way and
drainage easements along this requested addition as recorded by plat
in the Office of the Clerk of the Circuit Court of Albemarle County
in Deed Book 481, page 231
The proposed budget For the Secondary System for the fiscal year ending
June 30, 1972, was submitted by the County Executive in the absence of the
Resident Highway Engineer, Mr. R. G. 'Warner. On motion by Mr. Wood, seconded by
Mr. Yancey, the following resolution was adopted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the Secondary System Budget for the fiscal
year ending June 30, 1972, as submitted bY~i.Nr. R. G. Warner, Resident
Engineer, be and the same is hereby approved as follows:
Ordinary ~iaintenance ....................... $ 468,~61.00
Maintenance Replacement s ................... 149,600 .00
Incidental Construction .......... 104, ~00.00
State Funds Project Construction ~~o ~ 660,~23.00
Total .......... $1,38~, 084.00
Mr. Wood reported that three of the flashing signs for schools had been in-
stalled and that a study was being conducted to determine the location of others
which would be installed as soon as possible.
Mr. Humphrey gave a report on the C&~ Railroad site distance at the West
Leigh crossing. According to his investigation, it is believed that the Fence
is located on private property and the owner would have to be contacted to move
this fence. On motion by Mr. Gibson, seconded by Mr. Yancey, it was suggested
that the C&O Railroad be contacted to determine whether the fence might be on
their right-of-way, and also that the railroad engineers should be instructed to
blow their whistles at this and other intersections. Motion carried by the fol-
lowing recorded vote.
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
456
Mr. Paulett presented to ~he Board the matte~ of Route 20 and urged that a
resolution be adopted to have this road straightened from ScottSVille to Char-
lottesville. The Nayor o2 Scottsville, ~Raymon Thacker, also spoke on behalf of
the citizens and presented a resolution ~Tzich had been approved by ScottsvillB
Town Council on October 18, 1971. It was also brought out that the article in
the Daily Progress, referring to the public hearing conducted on October 12th,
wrongly emphasized opposition to improvements to this road. The Chairman and
President of the Ecottsville Chamber of Commerce spoke in.favor of immediate
improvements to Route 20. On motion by Nr. Paulett, seconded by M~. Yancey, the
following resolution was adopted by the fQllowing recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yanceyo
NAYS: None.
BE IT RESOLVED by the Board of County .Supervisors of Albemarle
County, Virginia, that it recognizes the importance of State Route
20 from Route 1~ to Charlottesville, Virginia to the people of Albe-
marle, Fluvanna, Buckingham and the travelling public.~! ~iIt is the very
life blood to a large number who travel it each day back and forth to
work and to transact business. The rebuilding of this section is of
the utmost importance and there should be no delay in proceeding with
the work.
~E, THEREFORE, request the State Highway Department to build this
section as promptly as possible a~d to prepare plans and allocate~l~nds
for the other sections of the road without delay.
A Certificate of Appreciation was awarded to Nfs. Virginia Cassidy by Nr.
Garnett. Nfs. Cassidy has been serving the County for twenty-five years ~ud she
was congratulated by the Board members.
Mr. J. D~. Ritchie, Superintendent of '~elfare, presented to the Board a
proposal for Charlottesville-Albemarle Community Coordinated Child Care (%-Cl
Council which is sponsored by the Community Services Council of the United Givers
Fund. The ¢-C Council is applying for Federal recognition but needs to be en-
dorsed by the Co~unty Board of Supervisors. The purpose of the Council is to try
to channel all Federal funds for day care centers through this agency. After a
lengthy discussion, it was decided that the $-C Council should be more organized
and bring back more information to the Board.
The Charlottesville Lion's Club was to make a presentation at this time re-
garding the Chris Greene Lake, but their representative was unable to attend this
meeting; therefore, it was re-scheduled for the next Board meeting.
On motion by l~r. Gibson, seconde~ by Mr. Yancey, the following resolution was
offered by Mr. Gibson, seconded by Nr. Yancey, and adopted ~y the following re-
corded vote:
457
AYES: Nessrs. Garnett, Gibson, Paulett, '~heeler, WOOd and Yancey.
NAYS: None.
HE IT RESOLVED, that the Board of Supervisors does hereby ex-
press its appreciation for the citizens, individuals and.corporate,
of Albemarle, to her employees., her officials, appointed, and
elected, to Senator Fitzgerald and Nr. Robinson, for all their
efforts, individual and collective in preparing and presenting the
defense of the County in the recent annexation action; and
BE IT 'FIEhTHER RESOLVED, that the Board of ~S~pervisors does
hereby request that the Senator and delegates representing this
County do commit themselves to a diligent search for a more
equitable method of City growth and County development than the
existing laws governing annexation.
At 10:00 A.N., the Chairman called for public hearings on Zoning Requests
as advertised in the Daily Pzo gress on October 8th and l~th, as follows:
(?) ~-182 - ~pplication of N~s. A. E. Cutright to rezone approximately
2?,500 sq. ft. from A-1 to B~-I and 39,000 sq. ft. from A-1 to R-2.
Property is located on Route 708 and Route 29.
Mr. Cutright, son. of Mrs. A. E. Cutright, appeared in support of this applica-
tion. Nr. Humphrey ~lvised that the Planning Commission recommended denial.
Nrs. Ashby, adjacent property o~ner, appeared in opposition. After d~scussion,
Mr. Gibson made a motion to deny the application. There was no second to this
motion. Mr. Yancey made substitute motion, seconded by Nr. ~heeler, to defer
the application until the Board can review the property. Notion carried by the
following recorded vote:
AYES: Eessrs. Garnett, Gibson, Paulett, -~neeler, Wood and Yancey.
NAYS: None.
(2) S~-138'- Application of Greenbrier-Rutledge $~im Club to expand swimming
and recreational facilities on property zOned R-2. Property is located on
Route 6~1 at the Southern Railroad just ea~i of Hunnington Road.
Nr. Lloyd ~ood asked that the record show that' he excused himself from the meeting
at this point since he and his family are members of~L.~this club. Dr. Iachetta
represented the petition. Mr. Humphrey advised that the Planning Commission had
recommended approval as submitted. Nr. Estes, ~an adjacent ~rop~rty owner, not in
opposition to the facility itself, quesZioned their use of the right-of-way to
the facility. On motion by Nr. Yancey, seconded by Mr. Gibson, the recommendation
Of the Planning Commission was accepted. The motion carried ~y the following
recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, ~heeler and Yancey.
NAYS: None.
NOT VOTING: Mr.
458
(3) ~P-139 - Application of Mary V. Harlow to locate a permanent mobile home on
3acres of land .zoned A-1. Property is located on Route 729 north of Route
18 and Route 728.
Nfs. Harlow was present in support of her request. No one appeared in opposition.
Nr. Humphrey reported that~ the Planning Commission recommende~ approval subject
to a 50 foot setback i~om the ~right-of-way and~ Health Department approval of a
septic system. On motion~ by Nr~. Paulett, seconded by Nr. Wheeler, recommendation
of the Planning Commission was accep~ted~by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, '~ood and Yancey.
NAYS: None.
(4) ~P-14! - Application of H. C. Lewis for spec~ al permit to locate a.permanent
mobile home60°n0Pr°perty zone~ A-i. Property is located off Route 827,
proximately feet north of ROute 627 and Route 6.
No one appeared in support or opposition of the application. Nr. Humphrey stated
that the Planning Commission recomm'ended approval subject to Nr. Lewis Finding a
legal right-of-way to his property. Nr. Humphrey reported that it has been ez-
tablished that his right-of-way is legal and recorded. On motion by Nr. Paulett,
seconded by Er. Wheeler, the recommendation of approval by the Planning Commission
was accepted by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
(5) ~P-142 - Application of Elmer C. Martin for special permit to locate a perma-
nent mobile home on 10.92 acres of land zoned A-1. Property is located on
R~ute 618 approximately one-half mile northeast of Woodridge.
Nr. Martin appeared in support of this application. No one appeared in opposition.
Er. Humphrey advised that the Planning Commission recommended approval subject to
100 ft. setback and Health Department approval for septic system. On motion by
Er. Paulett, seconded by Nr. ~heeler, the recommendation of the Plazming Commission
was accepted with the following recorded vote:
AYES: Nessrs. Garnett, Gib~on, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
(6) CU-147 - Application of James F. Slosson for conditional use permit to locate
a sewerage treatment plant on property zoned B-1 and located at the Route ~50-
I-6~ Interchange, east of Charlottesville.
Nr. George Gillum was present to support Nr. Slosson's application. Ers. Martin
and Nfs. Rosenblum expressed their tkou~t.s on the best sewerage treatment plant.
Er. Humphrey said the P~anning Commission recommended and adopted a resolution,
recommending a tertiary treatment plan instead of secondary as requested. After
a very lengthy discussion, Er. Wheeler made the following motion, second~.~d by Nr,
Gibson, to approve a tertiary plant subject to an instrument being drawn up by
the owner that if and when the County or the Sera, ice Authority wish to assume
ownership, they may do so without cost to the County or Service Authority. This
motion carried by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Z 5'9
(7) ~P-133 - Application of M. J. ~o0d for special permit ~ locate a Gun-
Shooting area on 3.9 acres in the Earlysville area just off Route 660.
(Deferred From September mee~ting.)
Nr. '~#ood was present.to support his application.. Nr. NcLean, adjacent property
owner, appeared in opposition. Nr. Humphrey ad~sed that the Planning Commis-
sion recommended denial. After some discussion., Er. Gibson made motion, which
was seconded by Nr. 'Wheeler, to accept the Planning Commission's recommendation
of denial. Notion carried by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, '~heeler, WoOd and Yancey.
NAYS: None.
(8) ~P-1~4 - Application of James F. Brown for special permit to locate a Gun
~ Club Shooting area on 6.23 acres in the Earlysville area just off Route
660. (Deferred from September meeting.)
Nr. Brown appeared to represent his application. There were two people in op-
position. Nr. Humphrey advised that the Planning Commission recommended denial.
Notion was made by Er. Paulett, seconded by Nr. ~heeler to deny the application.
A substitute motion was offered by Nr. 'Wood, seconded by Nr. Wheeler to approve
this application subject to it being in operation the months of September through
December only, being operated one day a week, that being Friday, and operating
hours being 7:00 p.m. - 9:00 p.m., with an annual review by the Board of Super-
visors; also, with the understanding that permit will be revoked if there is any
firing after 9:00 p.m. This motion carried by the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
N~ffS: None,
Er. Humphrey gave a committee report on the locating of a sanitary landfill
for the County. He stated that the best location that had been found thus far
was property owned by Westvaco north of Earlysville.
The County Executive presented to the Board Amendments to the IPy-Laws of the
Virginia AssociatiOn of Counties. On motion by ~r. ~heeler, seconded by Er.
Paulett, these amendments were approved with the following recorded vote:
AYES: Mesars. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
Statements of expenses of the Department of Finance, the gneriff's Office
and the Office of the Commonwealth's Attorney were sulmitted fore_the month of
September, 197.~. On motion by Er. Yancey, seconded by Nr. Gibson, these statements
were approved bythe following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, ~ood and Yancey.
NAYS: None.
Statement of expenses incurred in the maintenance of the County Jail was sub-
mitted along with summary statement of prisoner days. On motion by Nr. Yancey,
seconded by Nr. Paulett, these statements were approved by ~e following recorded
vote:
460,
AYES: Eessrs. Garnett, Gibson, Paulett, ~heeler, Wood and Yancey.
NAYS: None.
Claim of the Jail Physician was submitted for the month of September, 1971,
in the amount of $77.00, of which two-thUds is reimbursable by the State. On
motion by Nr. Gib~on, seconded by Er. Yancey, this claim was approved by the
following recorded vote.:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Claim of the University of Virginia Hospital was submitted in the amount of
$~1.84 for hospitalization of indigent patients under SLE for the month of &ugust,
1971. On motion by Nr. Yancey, seconded by Er. Paulett, these claims were approved
with the following recorded vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Claim e~ the University of Virginia Hospital was submitted in the snount of
$1,0~8.76 For hospitalization of indigent patients under SLH for the month of Sep-
tember, 1971. On motion by Er. Yancey, seconded by Er. Paulett, these claims were
approved by the following recorded' vote:
AYES: Messrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
Report of the S.P.C.A. was received for the month of September, 1971, and on
motion by Er. ~'~heeler, seconded by Er. Paulett, was approved. Notion carried by the
following recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
At this time Mr. Batchelor presented to the Board an application for Federal
Assistance under Emergency Employment Act. T~he Commonwealth of Virgi~uia will allo-
cate $25,192.00 to employ people within the County. The County will h~ve to pay a
ten per cent share amounting to $2,~77.00. This money will be used to employ an
Assistant Engineer at $10,000.00 annually, a Parks Cust~lian at $6,S00.00 annually,
and two laborers at $9,000.00 total. It should also be noted that each new employee
is to be told that this is a one-year appointment only. On motion by Nr. Gibson,
seconded by Nr. Wood, the Emergency Employment Act request was approved by the
following recorded vote:
AYES: Me.sS~S. Garnett, Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
The County Executive ~ought to the attention of the Board that the Soil Con-
servation Society of America had presented Mr. Garnett with the Virginia's Out-
standing Conservation Award For 1971. The reco~uition was for the fin~ conservation
work he has done on his farm through the past twenty years. Also, Mr. Garnett was
c%ted for his dedicated ei~fort in Natural Resource Conservation that he has put
forth as a leader in .Albemarle County. The Virginia Ghapter of the National
Society presented the award during their annual meeting held in Dulpeper on
October 8th and 9th. Nr. Gibson offered the following resolution, which was
seconded by Er. ~heeler, and ad~op~ted by the. following recorded Vote:
AYES: Nessrs. Gibson, Paulett, Wheeler, Wood and Yancey.
NAYS: None.
ABSTAINING: Kr. Garnett.
HE IT RESOLVED by the. Bo.a~d of Supervisors.. of Albemarle County
that its Chairman, E. N. Garne.tt, is %o 1 ~ he~ commended for~h!s leader-
ship in the timely cause, of soil and water conservation, and that
the Board notes with pride ~%hat.his individual leadership, by
~xample, has been recognized~ by his. being named the recipient of
~he Virginia Outstanding Conservation Award.
.~he County, Executive requested that the Beard appropriate $3,600.00 to
Emplc 'ers Liability - ~orkmen's Compensation Insurance I~rom Hanckel-Citizens
In~r~ nce Corp. Er. Batchelor stated that this prot~ection is needed for the
Count 'ts employees as well as for the Connty. On motion by Er. Wheeler,
secon Led by Nr. Yancey, rules with regard to second reading were .suspended
and the following resolution adopted by the follo~ing recorded vote:
AYES: Nessrs. Garnett, Gibson, Paulett, ~neeler, '~ood and Yancey.
NAYS: None.
HE IT REt LVED by the Board of County Supervisors of Albemarle
County, Virginia, that the sum of $3,600.00 be and the same is here-
by appropriated to cover annual ~remium on ~orkmen's Com_oensation
Ins~r~ce.
At 1:30 p.m. the Chairman called for public hearing on the Albemarle County
Lan& Subdivision and Development ordinance. Er. Humphrey presented this ordi-
nance to the Board as it had been adopted by the Planning Commission. Er. G.
Bourne ~ayland of the committee was also present. Those people present speaking
on the ordinance and asking questiOns were as follows: Er. Edgar Puryear, attorney,
representing J. E. ~illiams, Er. John Em~ree, Er. Forbes P~back representing Blue
Ridge Home Builders Assoc., Er. Chester Kitching representing Legal Environment
Group of the ~w School, Nr. George ~orthington representing Citizens for Albe.
marle, Ers. Victoria Craw-President of Civic League, Ers. ~artin of the League of
~omen Voters, Ers. Bosenblum mud Nrs. '~illiam Craddock. After discussion by the
public, the ordinance was discussed by members of the Board. It was noted that
Nr. Yancey and Nr. Paulett had reservations about approving the ordinance at this
time.
462
On motion by Nr. Gibson, seconded by Nr. Wheeler, this ordinance was ap-
proved subject to a Review Gommittee being established to w~rk out any problems
that might arise or ta recommend, any changes that may be needed~ at a later date.
Nr. Garnett informed the public that~ the matter of appointments tothe Review
Committee would be taken into consideration. The motion carried by the follow-
Lug recorded vote:
AYES: Eessrs. Garnet~t, Gibson, '~heeler and Wood.
NAYS: ~eszrs. Paulett and Yancey.
NOTE: THE ABOVE ~mO~D~ 0BDINANCE SHAI~ BE ATTACEED TO TEE ~INSIDE COVER OF
~I~Yi~ BOOK 8 AND RE--CE. TO PAGE NO. 462 N_~ ON SAID 0BDINANCEo
The County Executive.introduced~ Nr. Nurray and Dr. Harold J. ~cGee from the
Piedmont Virginia Community College. They came to give a report to the Super-
visors concerning the Community College ,to be built here. ~r.. Murray said that
the cost of (construcZion of the 8ol~lege~would exceed the original estimated cost
of between $400,000 and $~00,000. Dr. McGee present.ed a general brochure, a
brief outline sheet on financing and degree cirricula proposals he hoped to offer
in September, !972. The new.~estimate now is $624,12~.00 including the acquisition
of land which has already been pnrchased. Dr. ~cGee said there has been a delay
in gaining access to Route 20. Nr. Gibson questioned whether we should spend
that much money on it now on landscaping, guttering and paving of lots. ~.
EcGee stated he would do everything as economically as possible for the County
and would wait until a later date to landscape, pave, etc., if feasible.
Nr. Gibson stated that he had talked with a representative from the Culpeper
Highway Department about re-arranging lines on Route 250 ~est near West Leigh.
Nr. ~ood advised that he had talked with a representative of the Virginia De-
partment of Highways regarding a traffic study to be made on Route 29 near Sperry.
After discussion, the following resolution was offered by Nr. Wood~ seconded by
Nr. Gibson, and adopted by the following recorded vote:
AYES: Nessr~s. Garnett, Gibson, Paulett, ~hee~er, ~ood and Yancey~
NAYS: None.
~AS, the Board of S~pervisors of Albemarle County has the
utmost concern in the health, welfare and safety of its citizens; and
~AS, this Board has requested on numerous occasions that a
traffic study be made by the Highway Department on U.S. Route 29
North of Charlottesville in the area of Stromberg-Carlson and Sperry
Piedmon~; and
'~tEREAS, there have been four traffic fatalities in the past
few years and two accidents involving pedestrians in the last four
months in this area of Route 29, North; and
463
'~WNERE~S, this Board has previously requested., a remarking of the
traffic lanes.on~ U. S. Ronte 2~0 ~est of Charlottesville at the
intersection of West Leigh Suhiivision. so as to provide a more
safe ingress and~. egre~s for the citizens;, and
~HEREAS, theprior requests of this Board on these two
safety hazards have been _forwarded to the District Office in
Culpeper by the local Besit~.ent's office and ~reviewed without
progress being made on the solution of the problems;
NOW, THEREF0~, BE IT RESOLVED that the Board of Super-
visors of Albemarle County hereby requests the Virginia Depart-
ment of Highways to make the necessary study involved and to
take, without delay, all remedial action necessary to alleviate
the traffic hazards at the above mentioned locations.
Claims against the County amounting to $862,921 .!5 were presented, examined
and allowed, and certified to the Director of Finance for payment ~ud charged
against the following funds:
General Revenue Fund
General Operating Fund
School Operating Fund
Capital Outlay Fund
Virginia Public Assistance Fund
Dog Tax Fund
Textbook Rental Fund
Mental Health Fund
Commonwealth of Va. Current Credit Acct.
Town of Scottsville 1% Local Sales Tax
Total
On motion, the meeting was adjourned.
~,608.21
,3 o.8
77, 61
10, .14
14,234.38
11,701.11
127.Zo
862,921.1~
Chairman-