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1967-09-21 A regular meeting of the Board of County Supervisors of Albemarle County~ Virginia, was held at the Office Building of said County on the 21st day of September, 1967. Present: Messrs. Edgar N. Garnett, Garrett W. Kirksey, George C. Palmer, II, F. Eo Paulett, Robert Thraves and R. A. Yancey. ~.~ ~ -Absent: None. Officers present: County Executive, Administrative Assistant, and Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Mr. Garnett. On motion of Mr. Palmer, seconded by Mr. Kirksey, minutes of the meeting of August 17, 1967, were approved as submitted. Mr. Garnett advised those present that the Supervisors had been de- layed in getting to the meeting-by Mr. C. Armonde Paxson, attorney for several citizens inLthe County, who had advised that a ruling had been received from the assistant Attorney General to the effect that a referendum on zoning does not apply to Albemarle County. Mr. Garnett stated that th~ matter had been referred to the Commonwealth's Attorney for study. Mr. Ridmrd C. Fegan, President of Commonwealth Consultants, Inc. peared and presented report prepared on the feasibility of data processing applications to the operations of the County Department of Finance. On motion of Mr. Paulett, seconded by Mr. Yancey, this report was received for study. Mro Palmer discussed the relocation of Route 678 in connection ~th box culvert on Ivy Creek with Mr. R. G. Warner, Resident Highway Engineer. After discussion, the following resolution was offered by Mr. Palmer, seconded by Mr. Yancey, and unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and is hereby ~equested to abandon old sections of Route 678 when relocations are made in connection with box culVert on Ivy Creek, if property owners give rights-of- way in connection with this project. The following resolution was offered by Mr. Palmer, seconded by Mr. Paulett~ and unanimously adopted: NHEREAS, certain changes have resulted in the Secondary System due to relocation'and construction on Route 660~ and W?LEREAS, public hearing was held on this date in accor- dance with notice forwarded to each property owner effected; and 183 WHEREAS, there appears to be'no opposition from the public with regard to such proposed changes; NOW~ THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia~ that the follow- ing sections~ as indicated on sketch presented to this meeting ~nd made a part of the Board's permanent files be abandoned' pursuant to Section 3~-76.12 of the Code of Virginia: Section 1 - length 0.I8 mile Section 2 - length 0.2k mile BE IT ~JRTHER RESOLVED that the following sections be added to the Secondary System: Section ~ - length 0.17 mile Section k - length 0.1k mile. On motion~ duly made and seconded~ action on changes in the Secon- dary System' due to relocation and construction on Routes 6'76 and 7k3 was carried over pending receipt of reply to correspondence from this Board with regard to abandonments and discontinuances. Communication was received from the Department of~Hi~ghways advising that the~-fol~owing changes as approved by resolution of-this Board under date of July 20, 1967~ had been approved by that Department effective September 6, 1967: AdditiOn: Sections 3 and ~ of new location of Route 6~3, from Station 13+30 to Station 31+50, Project 0663-002-12~-501 - length 0.28 mile. Abandonment: Sections 1 and 2 of old location of Route 663~ between Station 13+3.0 and Station 31+50, Project-0663-O02-12g~C-501, length 0.3~ mile. Mr. Dallas Wilfong appeared and presented petition signed by land- owners in Sherwood Farms~ requesting this Board to recommend to the Southern Railway that train warning signals be installed at the railroad crossing into Sherwood Farms and to investigate the possibility of moving the lights which are no longer used at Red Hill to said crossing. After discussion of this matter~ motion was offered by Mr. Kirksey~ seconded by Mr. Palmer, instruc~ng the County Executive to forward this Petitionalong with communication to the Southern Railway Company and to the Department of Highways. The Board's attention was called to the fact that when this Board agreed to the Route 2kO railway crossing for Mortons~ it was agreed that the siding activity would be limited to certain hours~ and letter was sent from the County Executive,s office advising that approval was being "granted on the basis that there will be a minimum traffic delay at the crossing and on the basis that the switching of cars will be at approximately 6:00 o'clock A.M.~' However~ it appears that the switching of cars is now at a time when traffic into and out of Crozet is considerably heavy. On motion of Mr. Yancey~ seconded by Mr. Palmer~ it was ordered that communication be ad- dressed to Mortons in regard to this matter. The Co~uty Executive advised that the Building Code Committee wished to have the public hearing on the proposed Building Code continued until the next meeting. On motion of Mr~ Kirksey~ seconded by Mr. Palmer~ said public hearing was continued until 10:00 A.M. on October 19~ 1967. ~he Chairman called for public hearing on Trailer 0rdinance~ deferred from the last regular meeting° Mr. William Neff~ representing the State Mobile H~me Association~ appeared in this regard. He stated that a com- mittee from this association is preparing a model ordinance which will be submitted to the Virginia Association of Counties and to the State Industrial and Plar~uing Commission~ and it was their hope that counties could adopt more or less uniform ordinances ba~ed on their model which will be completed before the end of the year. After discussion, motion was offered by Mr. Palmer~ seconded by Mr. Kirksey~ and unanimously carried~ to discontinue dis- cussion of the amended ordinance~ to continue under the present ordinance~ and to review this matter when the Mobile Home Association's ordin~uce is submitted. The Chairman called for public hearing on proposed amended Subdivision Ordinance in accordance with public ~notice published in the Daily Progress on September 7 and September I~ 1967. Mr. Floyd Johnson~ Chairman of the Planning Commission~ presented the proposed ordinance and Mr. Phillip Tate went over the amendments to the present ordinance. Several citizens appeared with regard to this matter including Mr. Gordon Wheeler~ Mr. William Rouda- bushy Mr. Leroy Bruton~ Mr. Walter Cushman~ Mr. John Miller~ Mr. Joe Gibson~ Mr. Don Reid. Mr. %~eeler requested that care be taken to see that our road requirements do not exceed State requirements and Mr. Rouda~ush stated he would like to see constructions become a part of the ordinance. Mr. Bruton spoke with regard to side lots. After considerable discussion~ motion was offered by Mr. Paulett~ seconded by Mr. Kirks~y~ and unanimously carried, to continue this hearing until IO$00 A.M. on 0ctober~ 19~ 1967. Mr. Paulett advised Reverend Ford who was present at this meeting that the request of his group to use the old Esmont School had been referred to him for a recommendation. However~ since this was property of the School 285 Board, request would have to be acted upon by that body. After considerable discussion of this matter~ motion was offered by Mr. Palmer~ seconded by Paulett~ and unanimously carried~ requesting the School Board to study this matter further and to meet with the Community Action Organization and advise Reverend Ford in order that he might attend such meeting. The following was received from the Charlottesville ~nd Albemarle Chamber of Comn~rce: "0n August 8~ 1967~ the Charlottesville and Albemarle Chamber of Commerce Board of Directors passed a motion requesting the Board of Supervisors of Albemarle County to adopt and support a resolution requesting that legislation be passed permitting the residents of Charlottesville and/or Albemarle County the constitutional prerogative to decide for themselves whether or not Alcohol$c beverages might be served in restaurants and other such establishments. The Board of Directors initially adopted such a resolution in March of this year. The action was subsequently followed by a complete survey of the member- ship from which 92% responded in favor of the 'Virginia Hos- pitality Bill'. NOW~ THEREFORE, be it resolved that the Board of Directors of the Charlottesville and Albemarle County Chamber of Commerce formally requests the Board of Supervisors of Albemarl'e County to adopt a motion favoring the enactment~ by the !968 Legis- lature~ of a local option alcoholic beverage control bill. Herewith~ to be kuown as the ,Virginia Hospitality Bill'." Mr. Keene Byrd~ Executive Director of the Chamber of Commerce~ and Mr. Wyatt Owens~ President of the Junior Chamber~ appeared in support of the foregoing. The following resolution was offered by Mr. Palmer~ seconded by Mr. Eirksey: BE IT RESOLVED by the Board of County Supervisors of Albemarle County~ Virginia~ that this Board favors enactment by the 1968 Legislature of a local option alcoholic beverage control bill~ generally known as the "Virginia Hospitality Bill". Mr. Yancey requested a roll call vote on this resolution. In discussion which followed before final poll~ Mr. Paulett expressed strong opposition to alcohol in any form~ particularly liquor by the drir~ and Mr. Garnett stated that although he was opposed to the bill~ he felt the people should have the opportunity of deciding the ~ssue. The resolution was adopted by the follo~,~ng recorded vote: AYES: Messrs. Garnett~ Kirksey~ Pa~mer and Thraves. NAYES: Messrs. Paulett and Yancey. Mr. Phillip Tate presented the following plats: (1) Division of Waller property on Route ~0~ near Ivy Depot~ prepared by Mr. William S. Roudabush and approved by the County Planning CommisSion. (2) Division of Evernghim Blake property off Route 61~ prepared by Thomas D. Blue and approved by the County Planning Commission. (3) Division of Lot 2~ Block Ay Oak Hill Subdivision~ prepared by Thomas D. Blue mud approved by the County and City Planning Commissions. Revision of Lots 1 and 2~ Block C, Cedar Hills Subdivision, ~repared by B. Aubrey HurDman and approved by the County and City Planning Com- missions. Division of Mamie S. Boykin property on Route ?b3~ prepared by B. Aubrey Huffman and approved by the County and City Planning Commissions. (6) Revision of Lots 8 and 7~ Sherwood Farms Subdivision~ prepared by Bo Aubrey Huffman and approved by the County and City Pls~uning Commissions. (7) Division of R. K. G~iesbach property on Route 631~ prepared by Frank A. Gregg and approved by the County and City Planning Commissions. (8) Exchange of property on Route 600 betWeen W. R. Dearie and Florence Co Clapp~ prepared by Thomas D. Blue and approved by the County Planning Commission. (9) Division of Lester and James Seale property off Route 68~ prepared by -Warren F~ Wade and approved by the County Planning Commission. On motion of Mr. Kirksey~ seconded by Mr. Yancey~ and unanimously adopted~ the foregoing plats were approved and the Chairman and Clerk were authorized to sign s~me on behalf of this Board. The County Executive advised that it was necessary for the Board to authorize purchase of land for Totier Creek impoundment and plant site. This matter was ~iscussed and the County Executive was directed to refer same to the Planning Commission for study and report: preferably at a special meeting to be called prior to the regular October meeting if possible. On motion of Mr. Kirksey~ seconded by Mr. Paulett~ the following resolu- tion was proposed and un~uimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County~ Virginia~ that the Safety Engineer of the Virginia Department of Highways be and is hereby requested to make a study of the entrance to the McIntire Elementary School on the Route 2~0 By-Pass and submit recommendation to this Board. Statements of ExDenses of the Department of Finance~ the Sheriff's of- lice and the office of the Commonwealth's Attorney were submitted for the month of August~ 1967. On motion of Mr. Paulett~ seconded by Mr. Kirksey~ these statements were unanimousl~ approved. Statement of expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days. On motion of Mr. Yancey~ seconded by Mr. Paulett~ these statements were unanimously ap- proved. ............ i8'7 ' S.L~H. report, as prepared by Dr. S. D. Sturkie, was submitted for the month of August, 1967. Claim of the University of Virginia Hospital in the amount of 963.45 was submitted for the month of August fOr hospitalization of indigent patients. On motion of Mr. Paulett~ seconded by Mr. Yancey~ this claim was approved for payment. Reports of the Department of Public Welfare were submitted for the month of August, d967~ in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Report of the County Executive was presented for the month of August and was ordered filed. Mr. Yancey~ Chairman of the Sanitary Landfill Committee~ reported that his committee had contacted the o,~mer of a large tract of land suitable for a d~mp and hoped to complete a transaction within the next thirty days whereby approximately thirty acres of the tract could be leased at a time. It was noted that the location of such property is in the vicinity of the present Mechums River Dump and Mr. Kirksey s2ated that he felt the site was too far to the West for those people now using the Charlottesville dump. After discussion of the matter, motion was offered by Mr. Yancey, seconded by Mr. Paulett, authorizing the County Executive and the Sanitary Landfill Committee to negotiate for the lease of the property under consideration. The following resolution was proposed by Mr. Paulett, seconded by Mr. Yancey~ and unanimously adopted: ~gHEREAS~ certain salary requests have been received from the Sheriff, which requests have been approved by the State Compensation Board~ subject to ~pproval by this Board~ NOW~ THEREFORE~ BE IT RESOLVED by the Board of County Super- visors of Albemarle County~ Virginia~ that the following salaries be and are hereby approved~ effective-September 1, 1967: Daniel O. Albert, Jailor - increase to $5~000.00 R. L. Dunn~- Asst. Jailor - increase to ~u 600~00 A. L. Wood~ Asst. Jailor - increase to $~500.00 J. H. Majors~ new Assistant Jailor - ~,500.00 W. A. Lowe~ new Assistant Jailor - $~,500.00 M. J. Marshall, Dpty. Shf.- increase to $4~840.00 James G. ¥~nite~ Dispatcher - $~030.00 E. M. Feggans, new Deputy Sheriff - ~840.00 The County Executive advised that the dictaphone used in the Circuit Court Room is no longer available and that Statutes provide that each County shall provide such service for the Circuit Court. He further advised that he had investigated the purchase of Dictaphone equipment and had found the purchase price to be $1,~62o~0 and that maintenance would be $90.00 per year. On motion of Mr. Y~ucey~ seconded by Mr. Paulett~ ~ule~ with regard to second reading were suspended and the following resolution unanimously adopted, However~ the County Executive was instructed to investigate the feasibility of renting such equipment before making such purchase. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia~ that $1~62o50 be and the same is hereby appropriated for the purchase of Dictaphone equip- ment for the Circuit Court. The Count~-Executive submitted report of actuary on the County's re- tirement system which indicates the employer's rate of retirement to be increased from ~,17% to ~.51~, effective April 1~ 1968. Reports of the S.P.C.A. were presented for the months of July and August, 1967, and on motionof Mr. Paulett~ seconded by Mr. Kirksey~ were unanimously approved. On motion of Mr. Kirksey~ seconded by Mr. Paulett~ rules with regard to second reading were suspended and the following resolution unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County~ Virginia~ that $2~988,00 be and the same is hereby appropriated to cover current School Construction. Recommendation was received from the Airport Commission that the County authorize proceeding ~th construction of a fire house ~t the Joint Airport~ the total cost of which would be $27~000.00. One-half of this amount~ or $t3~500.00 would be divided equally between the County ~ud City. The Com- mission also asked for authority to proceed to hire architects before February. On motion of'Mr. Th~es, seconded by Mr. Yancey~ and unanimously carried~ the foregoing request was approved, The County Executive advised that he had received request for a con- tribution of $500.00 for the Rescue Squad and that such amount was included ~r. Paulett~ seconded by Mr. Kirksey~ the in the current budget. On motion of ~ County Executive was authorized to forward contribution of $500,00 to the Rescue Squad. Comm~uuication was received from the Citizens Ba~ and Trust Company re- ~r. Thraves~ questing substitution of collateral held in escrow, On motion of ~ seconded by Mr. Kirksey~ the following resolution was unanimously adopted: 289 W~EREAS~ Citizens Bank and Trust Company, Charlottesville, Virginia, Depository~ has requested the substitution of certain securities held in escrow by Chemical Bank New York Trust Company; N0W~ THEREFORE, BE IT RESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that Citizens Ba~ and Trust Company be and is hereby authorized to pledge the following: $300,000 Federal Home Loan Bank Bonds~ 5.45%, due 7-25-68 iND~ upon the pled§e and delivery of the foregoing~ the Chemical Ba~k New York Trust Company is hereby authorized to release the following: $300,000 Federal Home Loan Bank Bonds~ 6~/o, due 9-27-67. BE IT FURTHER RESOLVED that copy of this resolution be for- warded to the Citizens Bank and Trust Company and to the Chemical Bank New York Trust Company. Communica~on was submitted from Mr. Phillip L. Tate submitting his resig- nation, effective October 6, 1967. The following resolution was offeredbyMr. Paulett~ seconded by Mr. Kirksey, and unanimously adopted: WHEREAS, Phillip L. Tate has submitted his resignation to be effective October 6, 1967; and W~REAS~ Mr. Tate has faithfully served the County of Albemarle since May 24, 1965 in various capacities, including Administrative Assistant to the Co~muty Executive, Executive Director of the Albemarle County service Authority, Secretary of the Albemarle County Planning Commission and Director of Civil Defense; and ~qEREAS~ Mr. Tate is leaving the County of Albemarle to accept a position with the Federal government; NOW, THEREFORE~ BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the resignation of Mr. Tate be and the same .is hereby accepted with regret$ and BE IT FURTHER RESOLVED that this Board 'does extend to Mr. Tate best wishes for success in his D~ture work. Annual report was received from the Virginia Division of Forestry and copies were distributed to members of the Board. The County Executive advised that he had received request from certain Justices of the Peace for payment on acquitted County cases. He explained that in State cases~ report of acquitted cases ~s submitted to the Clerk~i:of the Circuit Court at the end of each year, and after such report is audited. by State A~d~tors~ the J.P. is paid $1.00 for each acquitted case. He further stated that report forms similar to those used for State cases could be designed for County cases and handled in the same manner except that reports would be certified to him and audited by County additorso It was pointed out that since the adoption of the County Coder more cases are tried under County warrants than under State warrants~ and this was the reason for the request at this time. On motion of Mr. Kirksey~ seconded by Mr. Yancey~ the foreoing request was unanimously approved. Claims against the County amounting to ~14~091.80 were presented, examined~ and allowed~ and certified to the Director of Finance for payment and charged against the following funds: General Revenue Fund General Operating ~%uud School Operating Fund Cafeterias Capital Outlay Fund Virginia Public Assistance Fund Dog Tax Fund Commonwealth of Va. Current Credit Acct. To~n~ of Scottsville Local Sales Tax Total On motion~ the meeting was adjourned. ~14,09i.80 .'Chairman