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1968-02-152'43 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said 0ounty on the l~th day of February, 1968. ?resent: ~essrs. w.. N. Garnett, Joseph w,. Gibson, Peter T. Way, Gordon L. Wheeler, Lloyd F. Wood, Jr., and 1~. A. Tancey. Absent: None. Officers .present: Coumty W. xecutive. The meeting opened with the Lord's Prayer led by Ur. Garnett. On motion of Ur. Yancey, seconded by Ur. Way, unanimously carried, minutes of the meeting of January 18, 1968, were approved as submitted. ~r. John L. Humphrey submitted the following plats: (1) tLevisions to Lots 6-9, Block D, and Lots 9 and 10, Block F, Key West ~ubdmvlsion, prepared by Thomas D. Blue and approved by the County and City Planning Commissions. (2) Division of Lot 1, Block P, Section ~, Northfi~.lds Subdivision, pre- pared by B. Aubrey Huffman, approved by the County and City Planning Commissions. (3) Lot 1, Section 2, Sherwood ~anor, prepared by proved by the County and City Planning Commissions. (4) Revision to Lots 12 and 12A, Block O, Flordon, prepared by B. Aubrey Huffman, approved by the County and City Planning Commissions. (~) Division of Parcel A on Route 78~ owned by Simco, Inc., prepared by B. Aubrey Huffman, approved bythe County Planning Commission. Section 1 (2 sheets) Auburn Hills Subdivision, prepared by B. Aubrey Huffman, approved by the County Planning Commission. Spangler and Paulett property acquired by the Albemarle County Service Authority, prepared by William S. Roudabush, Jr., approved by the County Planning Commission. Division of William P~ Duffer property on l~oute 631, prepared by Wil- liam S. Roudabush, Jr., approved by the County and City Plauuing Commi s sion s. Division of T. G. Narshall property on Route 20, South, prepared by William S. Roudabush, Jr., approved by the County and City Planning C on,mi s si on s. (For re-dating only) Division of Alexander Smith property off Route 29, and east of Southern Railroad, prepared by 0. R. Randolph and approved by County Planning Commission. On motion of ~r. Gibson, seconded by ~r. Way, the foregoing plats were (6) (?) (8) (9) (10) approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Communication was received from the Resident Highway Engineer recommending certain abandonments and additions resulting from new construction on Route 742. Action on this matter was carried over until the regular ~arch meeting and the County Executive and Resident Engineer were requested to work together in notifying the landovmers involved before that time. Communication was received from the Crozet Lions Club regarding the undesirable condition of Route 240 and Route 810 in the Orozet area. Communication was received from Mr. Gilbert R. Shiflett of Crozet with regard to the hazardous conditions which exists as a result of.parking permitted on the north side of Route 240 in Crozet. The Clerk was re- quested to acknowledge both of these commtunications and to advise that they had been referred to the Department of Highways for consideration. Communication was received from the Department of Highways setting forth revised policy governing gas or petroleum products transmission lines through subdivisions when streets are ex!0ected to become a part of the Secondary System. ~r. John Humphrey summarized this report for the Board. On motion of Mr. Way, seconded by Mr. Wheeler, and unanimously adopted, 1:30 P.M. on ~arch 21, 1968, was set as the time for annual high- way hearing at which time requests for improvement's and requests for ad- ditions to the Secondary System will be received. Mr. Wesley Blank appeared with regard to damage which has resulted on road through Kearsage Subdivision to Bloomfield Road due to heavy e~uip- ment used in connection with construction of Route 64. He requested that holes be repaired with asphalt and also requested revision to posted speed limit. Mr. Warner advised that his traffic engineer had received recom- mendation to reduce the speed limit and that the Highway Department would make repairs on a temporary basis. With regard to Route 631 (Rio Road) about which Mr. Lloyd Wood made inquiry at the last meeting, ~r. Warner advised that~survey has been made on the road and that the project is being set up in conjunction with the City's area transportation study. Mr. Wood stated that he felt immediate attention was needed in this instance and advised that he would like to work as closely as possible with the Highway Department in this regard. Mr. Way questioned what is planned for Millers Creek Bridge on Route 20, South. Mr. Warner advised that new ati~ ~g2m~. ents are being planned in 245 connection with future repairs to Route 20, tentatively scheduled for late spring or early summer. ~r. Way also advised that a yield si~n would be helpful at the intersection of Routes 704 and 714. Mr. Warner advised that he will check on this. In connection with work on Route 678 (0wensville Road), Mr. Gibson suggested that study be given to utilizing the open field at the turn at ~r. Smith's property rather than taking Mr. Smith's front yard. Mr. Gibson also suggested that consideration be given to re-lining Route 2~0 at the entrance to West Leigh until deceleration lane can be established. At 10:00 A.~. the Chairman called, for public hearing on proposed Zoning Ordinance and Land Use Map in accordance with notice published in the Daily Progress on February 2 and February 9, 1968 pursuant to Section 1~.1-431 of the 19~0 Code of Virginia as amended. Mr. John Humphrey read amendments to the original text of the ordinance after which the meeting was opened to those wishing to speak. ~r. F. A. Iachetta presented petition requesting the Board to reject the zoning ordinance as presently worded on the grounds that it does not provide for the preservation of the present character of Albemarle County. Mr. Iachetta stated that he was in favor of good zoning and expressed the opinion that residential areas should require lots of a larger area than proposed. Ir. T. M. ~urray, Jr., advised that the Chamber of Commerce supports the ordinance as proposed. ~rs. James Cash urged passage of the ordinance as did ~rs. Peterson, Presi- dent of the League of Women Voters. ~r. Daley Craig, ~r. Frank 0'Neal and Ur. EdWard VanLaer appeared and expressed favor of enactment of the ordi- nance. Mr. Don Reid stated that he was opposed to the ordinance as drawn. I,~r. Robert ~erckel stated that he was opposed to so much business and com- mercial property on Routes 29 and 2~0. Mr. Homer Kinnemar stated that he was in favor of zoning but was conc'erned about weakness of access roads. The Chairman~ at the conclusinn of public discussion, thanked the Planning Commission and citizens present for their help and interest in this matter. On motion of ~r. Wheeler, seconded by Mr. Wood, and unanimously Carried~ this public hearing was adjourned until 10:00 A.~. on March 7, 1968. The Chairman called for public hearing on amendment to the Planning Co~_mission Ordinance in accordance with notice published in the Daily ]?rogress on February 2, and February 9, 1968. No one from the public ap- peared with regard to this proposed amend~nent. On motion of Mr. Gibson~ seconded by ~. Wheeler, and unanimously adopted, Section ~ of the Planning Commission Ordinance was amended to read as follows: Section 1. Gom~osition~ ap~pointment; terms. The Planning Commission of the County may be composed of twelve members, one of whom shall be appointed by the Board of Supervisors from its own membership for a term of one year, one of ~hom may be the County Executive, and ten of whom may be appointed by the Board of Supervisors for a term of four years. Each magisterial district shall be represented when practicable. Mr. F. E. ?aulett appeared on behalf of the Scottsville Chamber of Commerce and requested that the ~200,000 appropriation for watershed pro- jects be continued in the budget. ~r. Garnett advised that this request will be given due consideration. ~rs. Shelby J. ~arsha!l, Clerk of the Circuit Court, again appeared in support of hero,request to close the Clerk's Office on Saturdays. She presented a petition signed by a number of citizens and attorneys who had no opposition to the closing of said office on Saturday. Mr. George Gilmer and Mr. Robert ~usselman appeared in opposition to the closing and Mr. Musselman presented a petition signed by a number of lawyers who desired the office to remain open. The County Executive suggested that the Clerk's Office be allowed to close on holidays as listed in the Code of Virginia. After much discussion, the following resolution was offered by Mr. Gibson, seconded by Mr. Yancey, and unanimously adopted: WHERF~. S, the Board of County Supervisors of Albemarle County has been requested by Mrs. Shelby J. Marshall, Clerk of the Circuit Court, to approve closing the Clerk's Office on Saturdays; and WHERF~S, the request has been considered at the past two meetings of this Board; NOW,. THEREFORE, BE IT RESOLV~mD that the Board of County Supervisors of Albemarle County, pursuant to Section 17-41, paragraph ~, of the 1950 Code of Virginia as s~mended, autho- rizes the closing of the Clerk's Office beginning March 2, 1968, subject to approval of the Judge of the Circuit Court. FURTHER, the Board of Supervisors will review the closing of the Clerk's Office at its meeting on April t8, 1968, to see if a hardship has been placed on the citizens of Albemarle County in the closing of the Clerk's Office on these Saturdays. If the Board feels that it has placed a hardship on the citizens of Albemarle County, it reserves the right to rescind this authoriza- tion and request the Judge to enter an order opening the Clerk's Office for the necessity of the citizens of Albemarle County. The following resolution was offered by I~r. Gibson, seconded by Mr. Wheeler, and unanimously adopted: BE IT ~ESOLVED that the Board of County Supervisors of Albemarle County, upon re%uest of the Clerk of the Cir- cuit Court of Albemarle County and pursuant to Section 17-41, paragraph ~ of the Code of Virginia as amended, approves the closing of the Office of the Clerk on any and all days which are made legal holidays under the provisions of ~2-19, Code of Virginia. 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 January, 1968. On motion of ~r. Yancey, seconded by Wheeler, these statements were unanimously approved. Statement of Expenses incurred in the maintenance of the County Jail was submitted along with summary statement of prisoner days for the month of January, 1968. On motion of Mr. Gibson, seconded by ~r. Wood, these statements were unanimously approved. Reports of the Department of ~ublic Welfare were submitted for the month of January, 1968, in accordance with Sections 63-67.1 and 63--67.2 of the Code of Virginia. Claim of the University of Virginia Hospital in the amount of ~299.68 was submitted for hospitalization of indigent patients for the month of January, 1968. On motion of I~r. Gibson, seconded by ~r. Yancey, this claim was approved for ~payn~nt. S.L.H. report for the month of January, 1968, was received from Dr. S. D. Sturkie and on motion of ~r. Yancey, seconded by Nr. Gibson, was unanimously approved. i~eport of the County Executive for the month of January~ 1968, was received and ordered filed. On motion of ~r. Gibson, seconded by Mr. Wheeler, and unanimously adopted,, appointment of Mr. Savory w~. Amato and ~r. Henry C. ~age as members of the ~lanning Commission was ratified. The Chairmah announced the following committee appointments: AZr~ort Committee: Lloyd ~. Wood, Jr. Gordon L. W~eeler Finance: Entire Board insurance: Entire Board C. onservati0n and Develooment: Entire Board F, ire Protecti, on: Entire Board Int~rMovernmenta~ County Executive Commonwealth's Attorney E. N. Garnett .Legi slatiye; ~fitire Board Libra..ry Budget: R. A. Yancey Peter T. Way E. N. Garnett Univers~ity Sesauicentennia.1: Joseph E. Gibson L. andfi 1 i: R. A. Yancey Peter T. Way Lloyd F. Wood, Jr. Joseph E. Gibson Sheriff' s ~ Committee: Entire Board Commonwealth' s Attorney The Chairman advised that he had completed appointments to the Recreation Committee as follows: Allen B. Kindrick Albert P. Eoore Dr. Richard Marks Lestie H. Walton T. M. Batchelor, Jr. Lloyd F. Wood, Jr. E. N. Garnett Eddie Wyant, Consultant The following were appointed as the County's representatives on the Industrial Commission: Joseph E. Gibson Cecil Smith Roscoe Adams James Nottinghs~m William Trevillian Johu B. Rogan On motion of Mr. Gibson, seconded by Er. Wood, and unanimously carried, Mr. E. G. Tr. emblay was appointed to serve the unexpired term of Mr. W. W. Rowan on the Library Board. It was pointed out that the term of Mr. Ro~an expires June 30, 1968 and that Mr. Tremblay would be eligible for reappoint-. ment at that time. On motion of Mr. Yancey, seconded by Mr. Gibson, and unanimously adopted, Mr. Peter T. Way was appointed as this Board's representative on the Community College Committee. The follov~ing were recommended for appointment to the Equalization Board for 1968: Er. Randolph D. Wade by Mr. Wogd~. Er. Richard B. Florence by Mr. Wheeler. Er. J. T. Henley, Jr. by Mr. Garnett. On motion of Mr. Yancey, seconded by Er. Wood, and unanimously adopted, the foregoing persons were appointed to the Equalization Board, appointments to such Board to be completed at the regular Earch meeting. Messrs. Sale, Dowdy and Heacock appeared as representatives of the Chesapeake and Ohio Railway Company to consult with this Board and Mr. R. G. Warner of the Highway Department with regard to railroad crossings in West Leigh and at Keswick. Mr. Gibson explained the situation at West ~eigh and Mr. Wheeler explained the situation at Keswick. However, a number of questions arose which the representatives of C & 0 were not able to answer. In discussing these matters with the gentlemen"..present it was the consensus of opinion that ~r. W. S. Butler, Superintendent of the Chesapeake and Ohio Railway Company, should be contacted to answer the Board's questions. The Clerk was requested to arrange a meeting for Mr. Gibson and Mr. Wheeler with Mr. Butler. The Chairman noted that Morton's is still switching cars around 8:00 - 8:30 A.~. thereby creating traffic problems during a rush hour at Crozet. ?~r. Dov~y advised that he would check on this matter. Communications were received from ~r. Daniel G. Van C!ief and ~r. J. Harry Michael advising that no legislation has been proposed to close the Lime Grinding Plant at Staunton but if such legislation should be propo seal, they would o~po se same. Resolution was received from the Henrico County Board of Super- visors requesting this Board's support in urging the General Assembly to abandon the plan of expanding i~.P.I, to the James River across 193 acres in the high density area of downtown Richmond. The Clerk was requested to acknowledge this communication. At'the request of ~onticello National Bank, the following resolution was offered by Mr. Gibson, seconded by Mr. Wood, and unanimously adopted: WHEREAS, ~onticelto National Bank,Charlottesvmlle,' Virginia, Depository, has requested the substitution of certain securities held by State-~lanters Bank of Commerce and Trusts, ~scrow Agent, in accordance with ~crow Agree- ~ent by and between ~[onticeilo National Bank, State-~tanters Bank of Commerce and Trusts, T. M. Batchelor, Jr., Director of Finance of Albemarle County, and the Board of Supervisors of Albemarle County; NOVf, Tt~EREEORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle Ootunty, Virginia, that ~onticelio National Ba~k be and is hereby authorized[ to pledge the following; ~100,000 U. S. Treasury Notes due 2-1 ~-?~. 2ND, upon the pledge and delivery of the foregoing, the State-~lanters Bank of Commerce and Trusts is hereby authorized to release the following: ~100,000 U. S. Treasury Bonds due 8-~-68. BE IT ~vURT~ i~ESOLVED that copy of this resolution be for- warded to Monticello National Bank and to State-Planters Bank of 250 ......... Commerce and Trusts. On motion of Mr. Yancey, seconded by Mr. Wheeler, rules with regard to second reading were suspended and the following resolution unanimously adopted: RE IT ~SOLFED by the Board of County Supervisors of Albemarle County, Firginia, that 8~92.00 be and the same is hereby appropriated in connection with current expenditures for School Construction. On motion of Mr. Yanoey, seconded by Er. Wood, refund of 878.~0 was approved to correct erroneous personal property assessment-_.o~f James ~f. Shiflett as certified by Ray B. Jones, Assistant Director of ~inance. On motion of Mr. '~food, seconded by Mr. Gibson, relhn~d of ~.78 v~s approved to correct erroneous personal property assessment of S. R. White- hurst as certified by Ray B. Jones, Assistant Director of ~=ins_nce. On motion of ~r. Wood, seconded by Mr. Yancey, relkmd of was approved to correct erroneous personal property assessment of William R. Harlow as certified by Ray B. Jones, Assistant Director of ~inance. On motion of Mr. Way, seconded by Mr. Wheeler, refund of ~88.6~ was approved to correct erroneous real estate assessment of G.T.W. Corporation as certified by Hugh ~. Simms, Jr., ~irector of Real Estate Assessments. On motion of ~gr. Gibson, seconded by Mr. Wood, cancellation of the following checks was approved, all such checks representing duplicate pay- ments: Date Ck. No. ~ayee Amount ~-18-68 72.11 Holiday Inn of Huntington 814.00 1-18-68 72~3 Milex ~roducts, Inc. 3.~0 1 -18-68 ?~19 Cobham General Store 3~. 82 Report was received from the Auditor of Fubtic Accounts on audit of the Clerk of the Circuit Court ~or the calendar year 1967 and was ordered filed. Report of the S.~.C.A. for the month of January, ~968, was received and on motion of Mr. Wheeler, seconded by Mr. Way, was unanimously ap- proved. Claim against the Dog Tax Eund was received from~r. M. J. Crawford for two lambs killed by dogs. On motion of Mr. Yancey, seconded by ~r. Wheeler, tknanimously approved, ~r.- Crawford was all,wed ~1~.00 for each of these lambs. The follov~ng resolutions were received from the School Board: (1) "~E IT ILESOLVED, that the Albemarle County School Board hereby asks permission to place order~ for fiffteen school buses 25i '  replacement and ? additional) at an estimated cos~ of 82,500.00." On motion of Mr. Gibson, seconded by ~r. 'Wood, the foregoing request was unanimously approved .and the Oounty Executive was authorized to obtain bids as soon as possible. (2) "BE IT tLESOLVED, that the Albemarle County School Board does hereby request the County Board of Supervisors of the County of Albemarle to furnish the said School Board with suggestions or instructions with regard to exploring possibilities for co- operative endeavors with the School Board of the City of Charlotte svi lle." On motion of Mr. Wood, seconded Mr. Gibson, unanimously carried, the t County School Board was authorized to meet with the City School Board in this regard. (3) "BE IT ILESOLVED, that the Albemarle Cotunty School Board hereby asks permission to complete two rooms at the Scottsville School at an estimated cost of $10,~00.00." The County Executive recommended that this request be considered with the budget. Mr. Leslie Walton advised that the estimate had been obtained from the contractor who constructed the last addition and that if the work were done now, since it was all inside work, it could be done at times when the contractor was unable to work on other jobs. After discussing the mat~er with Mr. Walton, approval w~s given to the School Board's request on motion of Mr. Wheeler, seconded, by lfr. Way, unanimously carried. Communication was received from Mr. Edward W. Scott, Attorney, advising that "Mabel Estelle Moyer ha~ agreed to sell 36 acres south of Esmont for the sum of 42,000.00. There is a judgment against Mrs. Moyer in favor of the Welfare Department dated June 19, 1967, for 93?.00 per month. It is my understanding that Miss Moyer has promised to pay Thacker Bros. Funderat Home ~946.49 for the balance due on her mother's burial expenses from the proceeds from the sale of said property. Miss Moyer also owns the home place which'is worth several thousand dollars." The County Executive advised that Mrs. Marks recomT~ended releasing the County's lien on that portion of property desired to be sold. Mr. Wheeler stated that Betting a precedent in such cases would be unwise and he could not approve this reqtm st. After discussion, motion was offered by Mr. Way, seconded by Mr. Gibson, accepting the reco~mmendation of ~rs. Marks in this matter. ~fr. Wheeler voted against this motion; all. other members voted for the motion. Mr. John Humphrey Irresented the following resolution from the Planning C ommi s si on: "~iS, the County of Albemarle is in need of a Comprehensive Plan for the physical development of the terri- tory within its jurisdiction for guidance in making decisions; and 253 .... WHEREAS, such a plan is needed to arrive at reason- ably accurate needs for sewer and water facilities; schools, highways, and other community services; and ~qEREAS, The Albemarle County Planning Commission is charged with the du~y of preparing and recommending a Comprehensive Plan for the physical development of their County as stipulated in the Virginia State Code; and WHEREAS, the Albemarle County Planning commission does not have sufficient funds to arrive at such a plan; N0W~ T~FOP~, BE IT RESOLVED, that the Board of Supervisors is respectfully requested to take the necessary ction to obtain a planning grant from Housing and Urban evelopment under the 701 Planning Progrs~n with the assistance of the County ?lanner and the State Planning Office." The following resolution was offered by ~r. %[cod, seconded by ~r. Way, and unanimohsly adopted: WHEREAS, the Board of Supervisors of AIDemarle County has charged the Albemarle County Planning C~mmission with the responsibility of preparing and recommending a Comprehensive Plan for the physical development of the County of Albemarle; and WHEREAS, it has been determined that there are not suf- ficient flmd available to arrive at such a plan; NOW, ~FORE, BE IT ~,ESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the State Division of Planning be and is hereby requested to prepare and submit ap- plication for urbsan planning assistance under the 701 Planning Program to the U. S. Department of Housing and roan Development Communication was received from the Esmont Neighborhood Association requesting water from the Totier Water Project When it is completed. This communication was referred to the Albemarle County Service Authority for consideration. Communication was received from the Citizens for Superior Albemarle Schools requesting approximately two hours at an official meeting for the showing of its program and report. It was determined that three of the Board members had seen this program and that it would be shovm at PTA meetings throughout the County. The members who had not seen it were urged to do so at one of these meetings. The Clerk was requested to acknowledge this com- munication. Claims against the .County amounting to $482,272.96 were presented., examined, and allowed, and certified to the Director of Finance for payment and charged against the following funds: General Revenue Fund General 0perating.~?und School Operating ~und 7,176.58 69,430.42 337,632.99 253 ' Cafeterias Capital Outlay Textbooks Fund Virginia Public Assistance Fund Dog Tax Fund McIntire Trust Fund Crozet Sanitary District ~und Commonwealth of Va. Current Credit Account Town of Scott sville Local Sales Tax ~,,~9 15 -. 3,813:69 2,420.43 27,909.7O 929-13 3,041.40 10,175.00 15,233.35 61.12 Total $ 482,272.96 -On motion, the meeting was adjourned until 10:00 A.~. ~arch 7~ 1968. -Chairman