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1968-05-16 A regular meeting of the Board of County S~pervisors of Albemarle Cotu~ty, Firginia, was held at the Office Building of said County on the 16th day of May~ 1968. Present: Messrs. E. N. Garnett, Joseph w.~ Gibson, Peter T. Way~ Gordon L. Wheeler, Lloyd Fo Wood, Jr., and R. A. Yancey. ~bsent. None. Officers present: County Executive and Commonwealth's Attorney° The meeting opened with the Lord's ?rayer led by Mr. Garnett. Minutes of the meeting of April 18, ~968, were approved as sub- mitted. Mr. Coats of the Highway Department~ reported with regard to "The Rock" (formerly knovau as Blue Hole) about ~fnich complaint was re- ceived at the last regular meeting. Mr. Coats stated that the Board approved discontinuance of this location in 1963 and that his depart- ment could take no acti~o~ on closing the said location since it was not abandoned. He further advised that this is a direct entrance to private property. ~r. Garnett stated that he thought he ko_ew the owner of this private property and he would try to contact him regarding this matter. Mr° Coats advised the Board that vandalism to highway signs during the past year cost Albemarle County $~2,000.00. The Board's attention was called to the necessity of adopting a resolution to complete industrial access to Stromberg-Carison as ap- proved by this Board on July 20, 1967. The following resolution was offered by Mr. Wheeler, seconded by Mr. Yancey, and unanimously adopted: BE IT RESOLIq~D by the Board of County Supervisors of Albemarle County, ¥irginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways the follov~ing sections of roads in Albemarle County: (1) That portion of Greenbrier Drive beginning at its intersection with Route 29, North, and continuing in a westerly direction for 830 feet to Stromberg- Carlson entrance. (2) F~utrance r:oad to Stromberg-Carison beginning at Greenbrier Drive and continuing in a southerly direction for 26~ feet to parking lot. 321 BE IT FURT~ I~ESOLVED that the -Virginia Department of Highways be and i.s hereby guaranteed a 60-ft. unobstructed right-of-way along these requested additions, along with all necessary ~Lrainage easements~ the same having been recorded by plat in the Office of the Clerk of the Circuit Court in Deed Book 417, page 3~.1, and Deed Book 439, page 41~. The County Executive suggested to ~ir. Coats that he write to the School Board with regard to the entrance to Broadus Wood School ~k~. Coats s~ated that a letter at this time would be premature in 'that they are now contacting property owners and attempting to obtain rights-of-way. He further advised that they hoped to do this project during the summer months when school is not in session. ~. Wheeler asked if anything is being done about Route 643. IVLr. Coats advised that they were unable to come up with any money for this in the current budget but would stake it out. In response to inquiry by ~r. Gibson, ~Lr. Coats advised that High- way Department equipment is not available for making traffic counts on private roads. This inquiry was made in connection with rai]:~oad cross- ing in West Leigh. The fol!ov,~ng copy of action taken by the Buckingham County Board of S%pervisors was received: "DIoved by B. D. LeSueur~ seconded by T. ~. Hall, Jr.~ and carried that the Board of Supervisors recommend to the State Highway Department that they do away with the ferries at Warren and Hatton." ~r. Coats advised that the operation of these ferries costs ~14,000.00 per year, which sum is divided between Buckingham and Albemarle and taken from Secondary Funds. He stated further that discontinuance of this service would require a joint public hearing in accordance with Section 33-76.8 of the Code of Virginia. After discussion of this matter~ motion was offered by ~{r. Way~ seconded by ~r. Yancey~ to delay action on this matter for at least thirty days. The County Executive advised that communication had been received from /~rs. Annie ~. Woodson requesting the Board to clarify her access rights to property on old L~ohburg Road near Cross t{oads. The Co~non- wealth's Attorney advised that in his opinion this is a private matter in which the Board need not become involved. He stated further that ~ir. Batchelor had referred ~irs. Woodson's letter to his office and he had acknow!e~l¢~same and recommended to ~s. Woodson that she consult with her personal attorney in this regard. o22 The following resolution was received ~-~om the Albemarle County Planning Co,nmi ssion: "WHEREAS, the Albemarle County Planning Co~nission has thoroughly studied the Eajor Arterial SDreet and Highway Plan as it relates to the city and couu2ty as prepared by the Firginia Department of Highways and; WHERE S, a joint public hearmng was held by the city and county Planning Co~22issions on February 7, 1968; N0~, TH~qEFORE BE IT !AESOLVED, that the Albemarle County Planning Commission recommends to the Albemarle County Board of Supervisors that the Charlottesville Arterial Street and Highway Plan be approved as it relates to the County of Albemarle as a part of the Comprehensive County Plan with the proviso that the Virginia Department of Highways be requested to restudy: The Grady-Gordon Corridor to determine whether or not a better location can be found for this street and whether or not the existing streets can be widened to accommodate the future traffic demands ~rithout the construction of the Grady-Gordon extension. The 9th-10th Street Corridor from Cherry Avenue to Preston Avenue to justify the demolition of the existing residential structures between 9th and 10th Street and to improve the proposed railroad crossing. Those segments of the north-south route between Rio Road and Interstate 64'~ intersection v~th Route 631, being Ridge Street and EcIntire Road Extended, not now included in Stage I construction and given high priority. On motion of~ir. Gibson, seconded by ~r. Wheeler, unanimously carried, the foregoing resolution of the Planning Commission was adopted by this Board. ~r. John Humphrey, Secretary o~ the Planning Commission, sUbmitted the folio~±ng plats: (1) For redating only - Redivision of Lots 10 and 11, Block C, Farmington, Inc., prepared by Thomas D. Blue and approved by the County and City Planning Commissions. (2) 2.06 acre lot divided from larger tract off Route 250, East, be- longing to Linwood Howard, prepared by Thomas D. Blue and approved by the Cou~uty P~lanning Commission. (3) Lot ~, Block E, added to Section 7, Woodbrook Subdivision, prepared by William S. l~oudabush and approved by the County and City Plarming Co~mmissions. (4) Division of Earco Durrer property off Route 743, prepared by William S. Roudabush and approved by the County Planning Commission. (5) Tracts A, B and C, Willow Heights Subdivision, prepared by William S. Roudabush and approved by the County and City Piamming Commis- si on s. 323 (6) Parcels A and B located off Route 837, combined into Lot C for Alma Williams Jackson, prepared by 0. R. Randolph and approved by the County Planning CoFfluission. (7) Parcel M on south side of Route 250, East, owned by Dr. Charles W. Hurt, prepared toy B. Aubrey Huffmau and approved by the County and City Planning Commissions. (8) I .547 acre parcel on north side of Route 250, East, o~med by Dr. Charles W. Hurt, prepared by B. Aubrey Huffman and approved by the County and City ~Planning Commissions. (9) Sections I and II ~,two separate plats) of Camelot Subdivision, prepared by B. Aubrey Huffmau and approved by the County Plan- ning Commission. (10) Division of A. G. Bigelow and W. G. ~uncy property off Route 29, North, prepared by B. Aubrey Huffmau and approved by the County and City Planning Commissions. (11) Section III, Westfield Subdivision, prepared by B. Aubrey Hufi~nan and approved by the County and City Planning Commissions. (12) Division of property on l~oute 726 belonging to Charles P. Dottier Estate and Helen Pitts Heirs, prepared by Carroll Gillispie and approved by the Co~uuty Plarauing Commission. On motion of Mr. Gibson, seconded by Mr. Yancey, the foregoing plats were approved, number two being subject to location of iron at northwest corner of lot and numbers three through twelve being subject to vicinity sketch being added, and the Chairma~u and Clerk were authorized to sign same on be half of the Board when these conditions are met. The matter of recordation of plats by the Clerk's Office was dis- cussed. Tt~e County Executive, in response to inquiry from the Board, advised, t~ ~t the desired plat book had been purchased but was not being used. Mr. Gibson requested that the Clerk be invited to the next meet- ing to discuss this matter. Sen~ ~or J. Harry Michael appeared as attorney for ~ontvue Property (~ners Association and presented petition b~ behalf of said Associatio~ requesting amendment or change to the zoning ordinance. After discussion~ of this request, the following resolution was ofzered~ by ~r. Wheeler,~ seconded by ~r. Way, a~ud unanimously adopted: BE IT tlESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that petition received from Montvue ?roperty Owners Association requesting amend- ment or change to the Z~ning Ordinance be referred to the Albemarle County Planning Co~nission for consideration and report. Communications were received, and copies submitted to each Board member, f~om H. G. Kenns~ner, Jr., Chairman of the Budget and Finance Task Group of Citizens for Superior Albemarle Schools, ~. Roy M..~. Patterson, President of Citizens for Superior Albemarle Schools, the Stone-Robinson P.T.A., the Greenwood P.T.A., Mrs. ~Viltiam ~. Colony, and Mr. Heinz Pors, President of the Albemarle Bandparents Association. ~Mr. Gibson noted that he had also received commtanication from Mrs. ~ark H. Congdon. Ail of these eommunications were in support of the School budge t. iYr. Landon D. Birckhead presented communication requesting the Board of Supervisors to start proceedures to redistrict Albemarle Cotunty so that the population v~ti be more equally divided among the districts. Mr. ~irckhead presented map showing suggested district lines. ~. Wood advised that he has been working on this matter $_nd is checking out all the legal aspects involved. ~kfter some discussion of the proposal with Mr. Birckhead, motion was offered by I~r. Gibson, seconded by Mr. ~neeter~ and unanimously carried, referring this matter to the Board's Legislative Committee. The County Executive advised that ~Vatter Smith, Attorney, had ap- proached him with regard to the County's ordinance on fortune tellers as to the possibility of amending the ordinance to require residence in the Comnty for one year before being permitted to purchase such a license. Mr'. Gibson advised that he felt this would be discriminatory and un~se. The County Executiv.e suggested the saunual license ~mder th~.s ordinance, as well as the daily license un~er the carnival ordinance, be increased from ~%00.00 to ~ ,000.00. After discussion, the matter was carried over to the regular June mee.tin~g. The County Executive also recoF~nended and the Recreation Ordinance be amended to reduce the annual fee far beating and fishing from ~0.00 to ~5'.00. On motion of Mr. Wheeler, seconded by ~r. Gibson and tunani- mously carried, this matter was referred to the recreation cormmittee of the Planning Cormmission for study and recommendation. The County Executive gave a progress report on accomplishments of the Recreation Committee of this Board. He stated that recreation 325 progra~ns had been plata, ed for school gromnds at Scottsvi!te~ Yancey, Stone-Robinson~ Broadus Wood, Woodbrook and Crozet and a leader and as- sistant would be employed at each of these locations. He further vised that ~4,000 had been budget~from local funds for this summer recreation program and $1,000 would be available from Federal funds. Statements of Expenses incttrred by the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were submitted for the month of April, 1968. On motion of ~Lr. Wheeler, seconded by Mr. Gibson, these statements were unanimously approved. Statement of Expenses incurred in the maintenance of the County Jail was submitted along v~th St~amary Statement of ~risoner Days for the month of April, 1968. On motion of Mr~ Yancey, seconded by ~r. ~eeler, these statements were unanimously approved. Reports of the Department of ~ublic Welfare were submitted for the month of April, 1968, in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. S.L.H. Report for the month of April~ ~968, was received from Dr. S. D. Stttrkie ~..s~nd on motion of Mr. Wheeler, seconded by Mr. Way, was unanimously approved. Claim of the University of Virginia Hospital in the amount of · ~87.30 was submitted for hospitalization of indigent patients for the month of Apri!~ 1968. On motion of Mr. Gibson~ seconded by Mr. Wheeler, this claim was unanimously approved for payment. Report of the County Executive for the month of ~ril, ~968, was received and ordered filed. Communication was received from Citizens Bank and Trust Company requesting release of certain securities held in escrow. Since the se- curities involved are being held by two different agents, two resolutions are necessary. On motion of Mr. Gibson, seconded by Mr. '~heeler, the follo~ing resolutions were umnanimously adopted: (1) ~i~,~EAS, Citizens Bank and Trust Company has requested release of certain securities held in escrow by Virginia National Bank_, Escrow Agent; and WHEREAS~ it has been determined that said collateral is no longer needed to secure funds on deposit with Citizens Bam_k and Trust Company; NOW, THEREFORE, BE IT RESOL~F~ by the Board of County S~pervi sors of Albemarle County, Virginia, that Virginia 326 .......... - .... National Bank be and is hereby authorized to release the following: 50,000 ~10,000 . o,ooo U.S. Treasury Bonds,~ 2½5, due 9-I5-72. U.S. Treasury Bonds, 4~, due 8-15-71. U.S. Treasury Bonds, 4~, due 8-1 5-72. ~E iT ~XIRTHER RESOLVED that copy of t_his resolution be forwarded to the Citizens Bank am_d Trust Company and to the Virginia National Bank. ~t~AS, Citizens Bank and Trust Company has requested release of certain securities held in escrow by Chemical Bank New York Trust Company; and WHEREAS~ it has been determined that said collateral is no longer needed to secusee funds on deposit with Citizens Bank and Trust Company; NOW, T~FOZRE, BE IT ~SOLVED by the Board of County Supervisors of Albemarle County, Virginia, that Chemical Bank New York Trust Company be and is hereby authorized to release the following: 0o,ooo ~300,000 ~100,000 U.S. Treasury Bonds, 45, due 10-1-69. l~ed. Home Loan Bank Bonds, ~.4~$, due ?-25-68. U.S. Treasury Bonds, 4-1/8~, due 2-15-74. (Albemarle County's records do not indicate request 'for pledge of these bonds. However, according to information from Citizens ~ank, the escrow agent holds this issue i~ escrow for the County.) BE IT LFSRTHE~L RESOLVED that copy of this resolution be forwarded to the Citizens Bank and Trust Company and to the Chemical Bank New York Trust Company. On motion of Mr. ~ibson, seconded by ~V~r. Wheeler, rules ~th regard to second reading were suspended and the following resolution tunsm_imous!y adopted: BE IT RESOLVED by the Board of County Supervis.~rs of A2~$marle County, Virginia, that ~139.~0 be and the same is hereby appropriated for current expenses in connection v~th School Construction. Notice was received from the State Corporation Commission of public hearing scheduled for 10:00 A.~Z. on June 3, 1968, on application of James T. Graves 8o operate as a restricted coF~non carrier for handling passen- gers and luggage Z~om the Joint Airport to various points in the State. 327 S.P.C.A. Report was received fur the month of April, 1968, and on motion, duly made and seconded, was unanimously approved. The County Executive advised that many things needed to be taken care of in fol!o~n[ng up the matter of constructing a jail jointly with the City and the joint committee should be reactivate~. The Chairman appointed Mr. Wood, ~r. Gibson, ~. Batchelor~ Mr. Smith and himself as the Cotunty's representatives on this co~nittee. The Board's attention was called to the fact that ~. Norman Gi!tum's term on the Service Authority expired April 16, ~968. On motion of Yancey, seconded by Mr. Wood, and unanimously carried, Mr. Gil!um was reappointed to the Service Authority for a term of four years. At ~ :30 ~.~. the Chairman called for public hearing on requests for change in zone classifications in accordance with notices published in the Daily l~rogress on April 26, May 3 and May ~0, 1968. (A) Application for cha~nge in zone classification for property' located in Ivy [agisterial District from Agricultural A-1 to Residential R-3 and Business B-1 for the purpose of constructing apartment and commer.~ial buildings. (Z~E 00~, Assessment ~ap ~9, ~arcets ~6 and ~6A~ ~.6 miles east of Ivy.) IEr. John Humphrey advised that the ~lanning Commission approved request for change to Business B-1 for 200 ft. depth along Route 2%0 but denied request for change to Residential R-3. Mr. Lloyd Smith~ o~maer of the land in question appeared and advised the Board of projected plans for this location. He stated that although plans have been made for the back part of this acreage, this part of the project would not be under- taken for possibly several year's. IErs. Jere Heavener appeared in op- position to reclassifying this property. The advised that her home was located adjacent to this property and she did not wish to see ~rther ex- pans~ion of business property at this location. After hearing the public mhd considering the recommendation of the ~!a~nning Commission, motion was made by Mr. Gibson, seconded by Mr. ~ood, and unanimously carried, to approve change from Agricultural A-~ to Business B-~ the 200 ft. depth along Route 2~0. On motion of Mr. Wood, seconded by ~. Gibson, and unanimously carried, request for change from Agricultttra! A-~ to Residential R-3 was denied° (B) Application for change in zone classification for property located in Ivy Magisterial District from Agricultural A-1 to Business for the purpose of constructing wholesale an~ processing facili- ties. (Z&EE 003~ Assesst~ent ~ap ~9, ~arcel ~A, located on Route 2~0 V~'est. ) Mr. Humphrey advise~ that this request was given unanimous approval by the Planning Commission. The owner an~ attorneys in this case were 328 present. No one appeared in opposition to the request. On motion of Mr. Gibson, seconded by Mr. Yancey~ and unanimously carried, approval was given to reclassifying this property ~£om Agricuitua~a! A-1 to Business B--U o Application for change in zone classification for property located in Rivanna ~agisterial District from Agricultural A-1 to Business B-1 for the purpose of constructing a shopping center. (Z~.RP 001, Assesa~ent ~ap 31 ~ Parcel ~2.) Mr. Humphrey advised that the Planning Commission recommended ap- provai of this request and no one from the public appeared° On motion of ~r. V~eeler~ seconded by-~Mr~ Vfood, unanimously carried, approval was given to reclassifying this property from Agricultural A-1 to Business ]~r~ Humphrey advised the Board that S. W~ Heischman and George A. Cason had obtained a building permit in the name of Arth~r T~ Burger on £kunday, April 14t~ He stated that he had obtained an opinion ~rom the Co~onwea!th's ~torney to the effect that $~e County offices were closed on that day and the issuaace of this permit was unauthorized, thereby making said building permit invalid~ On motion of Mr. Gibson~ seconded by I~r. Yancey~ a~nd unanimously carried, Mr. Hum.~hrey was instructed to advise the holder of this permit s~d also any persons who might have ob- tained permits on Saturday of the foregoing opinion of the ~onmmonwealth's Attorney. Claims against the County amounting to ~1,086~24%.27 were presented, examined, and allowed, and certified to the Director of Einance for payment and charged against the following funds: General i~evenue ~und General 0~erating Fund School Operating ]~und Capital Outlay z~uad Virginia Public Assistance ~um_d ~og Tax Fund Town of Scottsville ~ Local Sales Tax Comm. of Va. Current Credit Account Total On motion, the meeting was adjourned. 131.03 80,9,0 p'. 4-~o. ~6'~. ?2 20,687 ~3 2~,962i?d- 1,026 58 ~1~086,245.27