1968-06-20 A regular meeting of the Board of County Supervisors of Albemarle
County, Virginia, was held at the Office Building of said County on the
20th day of June, 1968.
Present: Messrs E. N.Garnett, Joseph E. Gibson, Peter T. Way,
Gordon L. Wheeler, Lloyd F. Wood, Jr., and R. A. Yancey.
Absent: None.
Officers present: County Executive and Commonwealth's Attorney.
The meeting opened with the Lord's Prayer led by Mr. Garnett.
Ninutes of the meetings of May 9 and May 16, 1968 were approved as
submitted.
The County Executive advised that the Planning Commission con-
sidered report of Road Viewers in connection with Walter Young'~S road at
Greenwood and referred the matter back to the County Road Viewers for
action which they may deem appropriate. He advised that the staff recom-
mended acceptance. The following resolution was offered by Nr. Yancey,
seconded by Nr. Wood, 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 requested to accept into the
Secondary System of Highways road in Albemarle County be-
ginning on Route 691 about one-half mile from Young's Com-
munity Store s~ud continuing in a northerly direction for
approximately one-half mile to Chesapeake and Ohio railroad.
BE IT FURTHER RESOLVED that a 50-ft. unobstructed right-
of-way, along v~th necessary drainage easement, be and is
hereby guaranteed along this requested addition.
On recommendation of the County Executive, the following resolution
was offered by Nr. Yancey, seconded by Nr. Wood, and unanimously adopted:
WHEREAS, Albemarle County has abandoned its dump located
on State Route 742 due to the condemnation of a portion of
the land for Interstate 64; and
WHEREAS, the Interstate crosses at the only part of the dump
where dirt was located, thus making this an unfeasible place for
the disposal of waste Products; and
WHEREAS~ Albemarle County will not in the futttre reopen this
dump under ~ny conditions as it is not usable from sanitary con-
ditions or aesthetic values with its location adjacent to Interstate
64;
330
NOW, TMRREFORE, BE IT tLESOLVED by the Board of County Super-
visors of Albemarle County, Virginia, that assur~ance is given to
the Virginia Department of Highways if they cover this property
with fiI1 material that it will not be reopened in. the futurei
Nr. Lloyd Wood presented the following report of the Legislative Com-
mittee:
"A request has been made of the Board of Supervisors to redistric~
the County. Having investigated the activities of the County and
the job to be done, it is the feeling of the Legislative Committee
that a great amount of thought and planning will have to go into
this and information gotten in order to have redistricting that
will be meaningful and have a lasting effect.
There is an application to the State for 701 Planning Grant which
will be conducted by the staff of the County Planning Department
add by our consultant l This study will involve current populations,
projected populations per area, and area &ensity. It is felt that
this information must be available prior to our redistricting.
1970 will bring a new census for Albemarle County. This information
is also expected to be of great benefit to the County in any studies
for redistricting that will be made. The ConstiDUtion Study Commis-
sion should also shed some new light on the subject of proportionate
repre sent ation.
In consideration of the population projections in the comprehensive
plan aud a forthcoming census, it is the Legislative Committee's
feeling_that redistricting should be considered when more pertinent
information, which we know will be forthcoming within a reasonable
period of time, has been made available."
On motion of Nr. Yancey, seconded by Nr. Wheeler, the foregoing report was
unanimously approved.
The Chairman recognized Nr. D. B. Marshall who has been appointed as
County Attorney effective July 1, 1968. Also, The County Executive intro-
ducedNr. Stewart Evans who is interning in his office for the summer.
Nr. John L. Humphrey submitted the following plats:
1. Plat correcting lines between Charles H. Smith and George W. Reese
property located off Stribling Avenue - prepared byE. O. Snow and
approved by the County and City Planning Commissions.
2. Division of John B. Rogan property in Ednam Forest, prepared by R. 0.
Snow and approved by the County and City PLanning Comm~ ssions.
Division of Herbert Eppard property on Route 729 near Buck Island, pre-
pared by B. Aubrey Huffman and approved by the County Planning Commis-
sion.
4. Division of Nathan Poole property on 01d Ivy Road, Pear Tree House
apartments, prepared by William S. Roudabush and approved by the City
and County Planning Commissions. (For re-dating only.)
Division of Dora Farish property on Beagles Gap Road, prepared by R. 0.
Snow and approved by the County Plannaing Commi.ssion.
6. Parcel A, a division of "Windie Knowe", prepared by Thomas D. Blue and
332
10.
11.
gp~oved by the County and City Planning Commissions.
7. Sanitary sewer easement, Woodbrook Suhiivision - prepared by 0. R.
Randolph and approved by the County and City Planning Commissions.
Lots 6a and 6b, Carrsbrook Subdivision, prepamed by William S. Rouda-
bush and approved by the County and City Planning 0ommissions.
9. Division of E. E. Thompson property on Route 673, prepared by R. 0.
Snow mud appro.ved by the County Planning Commission.
Northeast portion of "Farmoor" adjacent to Farmington, prepared by
R. 0. Snow and approved by the County aud City Planning Commissions.
Division of C. C. Haney property off Route 29, South, prepared by
William S. Roudabush a~d approved by the Couuty and City Planning
Commissions.
1 2. Division of C. V. McCann property on Route 631 (01d Lynchburg Road),
prepared by Thomas D. Blue and approved by the County and City
Planning Commissions.
13. Lot 1, Block A, and Lots 1 and 2, Block B, Marshall Manors Subdivision
prepared by William S. Roudabush and approved by the County Planning
Comm~ s sion.
14. Portions of Blocks A, B and. C, Section 1, Jefferson Village Subdivi-
sion (2 sheets), prepared by Thomas D. Blue and approved by the County
Planning Commission.
On motion of Nr. Wheeler, seconded by Mr. Gibson, the foregoing plats
were approved and the Chairman and Clerk were authorized to sign same on
behalf of this Board, numbers 8, 9, and 14 approved subject ~o vicinity
sketch being added.
Mr. George Gilmer appeared on behalf of the Bar Association and re-
quested that the County Executive or the Clerk of the Board be given per-
mission to sign routine plats after approval of the Planning Commission
rather than have them come to the Board of Supervisors. Mr. Gilmer was
advised that the Board is now considering having routine plats signed by
the County Planner and hopes this can be accomplished in the near future.
Mr. Lloyd F. Wood, Jr. presented the following petition received by
him and signed by approximately forty-eight citizens:
"We, the undersigned, residents and property owners at Belair
Estates, Buckingham Circle, Albemarle County urge and petition
you, our elected representative, to help us in some way to con-
trol the reckless speed and complete disregard for our own smd
our children's safety. Our area could at this time be known as
"The Buckingham Circle Speedway". We recommend whole heartedly
the use of Slow-down or Speed-bumps * 2 each on the upper side
and also on the lower side - appropriately placed so as not to
permit any speed above posted limits, which incidentally in this area
at 2~ mph, are too high. Sgt. Ritter of the Virginia State
Police has at our request used Radar at given times and
Sheriff Cook has had patrols in this area.."
Nr. Walter Bukrim read the above petition and stated that the main pro-
blem experienced is caused, by motor cycles. Later in the meeting,
Deputy Sheriff Marsh, who lives on Buckingham ~Jircle, met with the Board
v~th regard to this matter. He advised that bumps could not be installed
since the road in question is a part of the State Secondary System. He
further stated that .one sign posting the speed limit has been knocked
down and the Highway Department has refused to put it back and the one
remaining sign is covered by growth. After discussion of the matter,
motion was offered by Mr. Wood, seconded by Mr. Gibson, and unanimously
carried, ~t~_~was ordered that the Highway Department be requested to make
a survey of Buckingham Circle to establish speed limit an& in the meantime
to replace the two signs indicating the existing speed limit.
At 10:00 A.M. the Chairman called for ~ublic hearing on zoning re-
quests in accordance with notices published in the Daily Progress on
May 31, June 7 and Jtuue 14, 1968.
(a) Application of B. F. Farrar for conditional use pe~rmit to locate a
house trailer on 01d Lynchburg Road, State Route 631, consisting
of 22 acres.
Mr. Humphrey advised that his staff had been unable to find the exact
location of the trailer site but had viewed the general vicinity. Mr.
Wheeler gated that he felt the location should be viewed. Mr. Humphrey
further advised that in his opinion the location of a trailer on the subject
property would in no way be detrimental to adjacent property o~mers and
recommended approval for the requestSd permit. No one from the public ap-
peared. On motion of Mr. Gibson, seconded by Nr. Wood, Mr. Humphrey's
recommendation was unanimously accepted.
(b) Application of Claire Burks, Inc. for conditional use permit to allow
wholesaling and processing on I 1/0 acres situated in Ivy Eagisterial
District fronting on Route 250 West.
Mrs. Burke and her attorney were present but no one from the public
appeared in opposition to thiS~ request. Mr. Humphrey recommended approval
subject to the site plan showing provisions for the unloading and loading of
trucks and 23 parking spaces 'being shown as required and subject to the
elimination of two entrances and providing for one entrance located
generally in the center of the property providing an ingress and egress to
this area to eliminate at least one of the conflicts in traffic movement
both on site and off site. On motion of Mr. Wood, seconded by Nr. Yancey,
and unanimously carried, the recon~aendation of Mr. Humphrey was approved.
333
(c)
Application for change in zone classification for property located
in Charlottesville Magisterial District from Residential R--~ to
Residential R-~. Subject property is Parcel 69 of County Tax Nap
60 and Parcels ~7, 32 and 32B of County Tax Nap 60-A, containing
approximately 1 acres fronting on Barracks Road. ~ ~ ~ ~
Mr. Humphrey advised the Board that the Planning Commission recommended
that this property remain R-3 and that the petition be denied.. Er. J. Harry
Eiohael, attorney for the petitioners, and Mr. C. Armonde Paxson, attorney
for the owner and contract :purchaser, appeared snd presented lengthy arguments
for aniagainst the petition respectively. After consideration, motion was
offered by Nr. ~heeler and seconded by Er. Gibson to deny this petition.
This motion was adopted by the following recorded vote:
AYES: ~essrs. Garnett, Gibson, Wheeler and Yancey
NAYS: Eessrs. Way and Wood.
(d)
Application for change in zone classification of property owned by
Forrest R. Narshall, located on east side of Route 20 between Char-
lottesville and Carters Bridge, from Agricultural A-1 to Residential
Mr. Narshall appeared in support of his request. No one from the public
appeared in opposition. Mr. Humphrey advised that the Planning Co~nission
approved Mr. Narshall's request. On motion of Nr. Wood, seconded by Er.
Gibson, this request was given unanimous approval.
(e)
&pplication for change in zone classification of property owned by
Progress Corp., located on State Route 649 between U.S. Route 29
and Proffit, from Agricultural A-1 to Besidential R-1.
Mr. Don Reid submitted the following communication and requested that
it be made a part of the minutes of this meeting:
"Nr. A. E. Paessler, Executive Secretary
Virginia Water Control Board
P. 0. Box 11143
Richmond, Virginia 23230
Dear Er. Paessler:
Nr. J. H. Williams of the Williams Realty gompany, 813 East Jefferson Street,
Charlottesville, Virginia, has recently filed an application v~th various
Albemarle County officials for permission to construct a central sewage
treatment plant for approximately eighty family units in a proposed Albe-
marle County subdivision to be called Jefferson Village.
It is my understanding that your office must receive and approve an appli-
cation for such construction. Therefore, as the immediate downstream
property owner, I would like to acquaint your office with certain facts
concerning the stream into which Er. Williams proposes to discharge the
plant effluent and which crosses my property.
The stream starts from springs located about one-half mile above the
proposed plant location. During normal weather the volume flow rate
is small.
e
The water now flowing in the stream is not in any way polluted and is
of "drinking purity." .~
For its size the stream bed in question serves as a drainage path for
a rather large land area. During moderate to heavy rainfall, the
stream will overflow its banks.
4. In dry weather the stream is "bone dry" across all of my property.
334
There is no water flow whatsoever to carry away treated sewage or
liquid effluent.
The stream is now, and has been, in continuous use as a water
supply for cattle and horses that past~re on my property.
I realize I have not offered legal proof of the above "facts". If your
department, following the required on-site inspection, is not in agreement
with the above five statements, then I ask that you inform me of your
disagreements, or ~ ck of knowledge, in sufficient time for me to obtain
legal proof of what I have stated before any formal hearings on this
matter are called.
Now that I have acquainted you with facts that I believe are importaut,
I would like to tell youwhere I staud in this affair. I have been told
that the criteria for water control for all of Virginia now agrees with
that spelled out by the FWPCA. I would suppose that Secretary Udall's
comments on "anti-degradation" may also serve as possible guidelines for
your decisions. I hereby officially request that you not approve any
present or future sewage treatment plant operations that would alter the
quality of the water that now flows across my property, or that would
alter in any way the use to which I might put water of the quality that
I now have. Also, I officially request that you ~Qt approve any sewage
treatment plant locations that could result in an effluent flow Lnto low
parts of my property where such effluent could collect and stagnate.
As indicated on the accompanying separate sheet, copies of this letter
are being sent to a number of other persons; therefore, I will conclude
with information that may or may not be important in your deliberations.
Nr. Will&ams has publically announced that plans for developing the large
contiguous land area that he now owns or administers will total, not just
the or~gir~t eighty family units, but more than two thouSand.The question
that immediately comes to mind is whether the best interests of the
Community, the County, the State, mud the Nation are served by approving
a series of small package sewage treatment plants, located on intermittent
streams, to handle a large single subdivision. It would seem that a well-
planned and adequate central system would be required at the start of any
construction.
Please feel free to contact me at any reasonable time for any help or
information that I can give you. Also, please keep me informed of any
action contemplated by your department.
(signed)
Sincerely,
Donald L. Reid"
No one other than Er. Reid appeared in regard to this application. Nr.
Humphrey advised that the Planning Commission had approved this application
with certain conditions. On motion of Er. Gibson, seconded by Er. ~ood,
approval was given to this request.
(f)
Application for rezoning from Agricultural A-1 to Residential R~I
property located on State i~oute 729 at its intersection with S~ate
Route ~3, owned by James H. and Alice Browning.
Er. Humphrey reported that the Planning Co~nission recommended denial
of this application since this is a spot which would cause land use to take
place which would not be in keeping with the general area at this time. On
motion of ~r. Wheeler, seconded by Er. Yancey, this request was denied on'
the basis of the Planning Commi ssion's recommendation.
(g)
Application for rezoning from Agricultural
property owned by Auburn Hill Farm Corp., located on State Route 732
west of Nilton Airport.
Niss Ellan Nash, Attorney, submitted petition signed by thirty-three
property owners and residents opposing this request. Nr. Wilson EcNeeley
335 '
appeared in support of same. Nr. Humphrey advised that the Planning Com-
mission recommended approval of this application. After discussion, the
application was denied on the basis of petition receive& from landowners,
motion being made by Nr. Way, seconded by Nr. Wood, and unanimously
carried.
The Chairman called for public hearing on proposed amended Utility
Tax Ordinance in accordance with notice posted at the Court House and all
post:LoffiCes in the County and published in the Daily Progress on Nay 15,
Nay 23, ~ay 29 and June 5, 1968.
The County Executive explained the changes as proposed in the amended
ordinance. A number of persons appeared and expressed opposition to the
increase of the utility tax including Nr. Boyce Loving, ~. Robert ~Vussel-
man (spokesman for nine or ten major industries), Nr. S. P. Holt, Nr. F. A.
Iachetta, Nr. Jim Stork, Nr. Cecil Smith (VEPCR), Nr. Walter Young,
Sargeant (Va. Gas Distribution), Nr. Ncc Armstrong (Va. Telephone and
Telegraph), Nr. John Vaughn (Appalachian Electric & Power) and Nr. J. B.
Carter. After discussion, the Utility Tax Ordinance as recommended by the
County Executive was offered for adoption by Nr. Wheeler, seconded by
Gibson, and adopted as follows by the following recorded vote:
AYES: Messrs. Garnett, Gibson, Way, ~neeler, Wood and Yancey.
NAYS: None.
AN 0EDIN~NCE to impose a tax on persons in Albemarle County purchasing
certain utility services of twenty per cent (20%) of the charge made by
the seller, to provide certain limitations thereon, to provide revenue
for the General Fund of Albemarle County, pursuant to Section 58-587.1
and 58-617.2 of the Code of Virginia (Chapter 540, Acts of Assembly of
1966).
HE IT 0RD~ by the Board of County Supervisors of Albemarle County,
Virginia, that pursuant to Section 58-587.1 and 58-617.2 of the Code of
Virginia (Chapter 540, Acts of Assembly of 1966), a tax on persons pur-
chasing certain utility services, to provide revenue for the General Fuud
of Albemarle County, is hereby levied as follows:
Section I. Definitions.
The following words and terms, when used in this ordinance in rela-
tion to utility taxes, shall, for the purposes of this ordinance, have the
following respective meaaing:
Person. The word "person" shall include individuals, firms, partner-
ships, associations, corporations and combinations of individuals of
whatever form and character.
Purchas. er. The word "purchaser" shall include every person who
purchases a utility service.
~ell. er. The word "seller" shall include every person, whether a
public service corporation or a municipality or private corporation or
not, who sells or Ik~rnishes a utility service.
Utility Service,. The phrase "utility service', shall include a
local exchange telephone service, electric~ service, and gas service fur-
nished within the County of Albemarle.
Residential. The word "residential" shall include, in addition to
the normal word useage, buildings having single or multiple ~meters for
the furnishing of electricity or gas used in maintaining a place of abode
or in normal farming operations or having local telephone service to one
or more buildings making up a place of abode.
Section 2. Tax rate; levy, procedure as to payment.
Beginning July 1, 1968, and continuing thereafter unless otherwise
changed, there is hereby imposed and levied by the County upon each and
every purchase of utility service as set forth herein a tax for general
purposes in the following amounts:
(a) On purchasers of electric service for residential purposes, the
tax shall be in the amount of twenty per cent (20%) of the charge on meter
readings taken on or after July 1, ]968, exclusive of any Federal or State
tax thereon, made by the seller against the purchaser with respect to such
residential electric service; provided, however, that in any case a monthly
bill submitted by the seller for electric utility service for residential
purposes shall exceed twenty dollars ($20.00), there shall be no tax com-
puted on sm much of such bill as shall exceed twenty dollars ($20.00);
except that there shall be no tax computed on bills submitted for electric
service for water heating where a separate meter is used solely for water
heating service.
(b) On purchasers of electric service for commercial or industrial
purposes, the tax shall be in the amount of ten per cent (10%) of the charge
on meter readings taken on or after July 1, 1968, exclusive of any Federal
or State tax thereon, made by the seller against the purchaser with
respect to such commercial or industrial ~lectric servic~;~.]~provi'de~,~ ho~w-
:e~er, that in any case any monthly bill submitted by the seller for
electric service for commercial or industrial purposes shall exceed three
thousand dollars ($3,000.00), the tax computed on so much of such bill as
shall exceed three thousand dollars ($3,000.00) shall be two per cent (2%).
(c) On purchasers of telephone service for residential purposes,
the tax shall be in the amount of twenty per cent (20%) of the charge made
337
on or after July 1, 1968, exclusive of any Federal or State tax or
mileage charges thereon, made by the seller against the purchaser with
respect to such residential telephone service; provided, however, that in
any case a monthly bill submitted by the seller for telephone service for
residential purposes shall exceed twenty dollars ($20.00), there shall be
no tax computed on so much of such bill as shall exceed twenty dollars
(~0.00).
(d) On purchasers of telephone service for commercial or industrial
purposes, the tax shall be in the amount of ten per cent (10%) of the
charge made on or after July 1, 1968, exclusive of any Federal or 8tare
tax or mileage charges thereon, made by the seller against the purchaser
with respect to such commercial or industrial telephone service; provided,
however, that in any case any monthly bill submitted by the seller for
telephone service for commercial or industrial purposes shall exceed three
thousand dollars ($3,000.00), the tax computed on so much of such bill as
shall exceed three thousand dollars ($3,000.00) shall be two p~r cent
(
(e) On pu~ot~asers of gas servloe for resident±al purposes~ the ta~
shall be in the Amount of twenty p:er cent (20¢) of the charge on meter
reacl_lngs ta$:en on or a~_rter July I, 1968, exclusive 02* any Federal or State
tax thereon, made by the seller agalnst the purchaser with respeo% to such
residential gas servloe; provided, however, that in any case a monthly
bill submitted by the seller for gas servioe for residential purposes-
shall exceed twenty dollars ($20.00), there shall be no tax computed on
so much of such bill as shall exceed twenty dollars ($20.00); except that
there shall be no tax computed on bills submitted for gas service for water
heating where a separate meter is used solely for water heating service.
(f) On purchasers of gas service for commercial or industrial pur-
poses, the tax shall be in the &mount of ten per cent (10%) of the charge
on meter readings taken on or after July 1, 1968, exclusive of any Federal
or State tax thereon, made by the seller against the purchaser with respect
to such commercial or industrial gas service; provided, however, that in
any case where any monthly bill submitted by the seller for gas service
for commercial or industrial purposes shall exceed three thousand dollars
($3,000.00), the tax computed on so much of such bill as shall exceed
three thousand ~ollars ($3,000.00) shall be two per cent (2%).
Section 3. Utility bills, monthly or otherwise.
Bills shall be considered monthly bills if submitted twelve times
338
annually for a period of approximately one month or portion thereof~J~ In case
bills are submitted by any seller for two months' service, the tax shall be
computed at twenty per cent (20%) of the first forty dollars ($40.00) for
residential purposes. For commercial and industrial consumers on bi-monthly
billing, the tax shall be computed on the first six thousand dollars
($6,000.00) at ten per cent (10%) and two per cent (.2~) on the excess over
six thousand dollars ($6,000.00).
Section ~. Requirements particularly applicable to telephone service.
The tax imposed and levied by this ordinance on purchasers with respect
to telephone service shall apply to all charges made for local telephone
exchange service except as follows:
(a) Coin box tel~Dhone. The total amount of the guaranteed charge on
each bill rendered for semi-public coin box telephone service shall be in-
cluded in the basis for the ta~ with respect to the purchaser of such service,
but no other tax shall be imposed on telephone service paid for by inserting
coins in coin-operated telephones.
(b) F-t~t rate service. With respect to flat rate service, the tax
shall apply to only the amount payable for local area service and shall not
apply to any specific charge for calls to points outside the County or to any
general charge or rate differential payable for the privilege of calling
points outside the County or for mileage service charges.
(c) Mess~e rate service. Where purchasers of telephone service are
charged on a message rate basis, the tax shall apply only to the basic charge
for such service and shall not apply to any charge for additional message
units.
Section ~. Duty of County Director of Finance.
The County Director of Finance shall be charged with the power and duty
of collecting the taxes imposed and levied under this ordinance.
Section 6. Prescription of forms for reports, etc.
The County Director of Finance may prescribe forms for filing of any
report or the payment of any funds set forth in this ordinance.
Section 7. Duty of seller generally.
(a) It shall be the duty of every seller in acting as the tax col-
lection medium or agency for the County to collect from the purchaser for
use of the County, the tax imposed and levied~by this ordinance at the time
of collecting the purchase price charged therefor, and the taxes collected
during each calendar month or billing period shall be reported and paid by
each seller to the County Director of Finance by the last day of the second
calendar month thereafter.
339
(b) In all cases where the seller collects the price for utility
service in stated perio&s, the tax imposed aud levied by this ordinance
shall be computed on the amount of Durchase &u~ing the month or period
according to each bill rendered, Drovided the amount of tax to be collected
shall be the nearest whole cent to the amount computed.
Section 8. Recor&s to be keDt by seller..
Each seller shall keep complete records showing all purchasers in the
County, which records shall show the price charged against each purchaser
with respect to each purchase, the date thereof and the date of payment
thereof, and the amount of tax imposed hereunder and such records shall be
kept open for inspection by the duly authorized~agents of the County during
regular business hours on business days, and the duly authorized agents of
the County shall have the right, power and-authority to make such trans-
scriDts thereof during such times as they may desire.
Section. 9. Extension of time for filing return.
The County Director of Finance may extend, for good cause shown, the
time of filing any return required to be filed by the Drovisions of this
ordinance; provided, however, no such extension shall exceed a period of
ninety days.
Section 10. Exemptions for ordinance.
The United States of America, diplomatic personnel exempted by the laws
of the United States, the State ~nd political subdivisions, boards, commis~
sions, the authorities and agencies thereof and volunteer fire companies,
are hereby exempt for the payment of the tax imposed and levied by this
ordinance with respect to the purchase oF utility services used by such
governmental agencies.
Section 11. Penalties.
Any purchaser failing, re~using or neglecting to pay the tax imDosed or
levied by this ordinance and any seller violating the provisions of this
ordinance and any officer, agent or employee of any seller violating the
provisions of this ordinance shall be guilty of a misdemeanor and shall be
punished by a flue of not less than ten dollars ($10.00) nor more than three
hundred dollars ($300.00) or by imprisonment in jail for not more than three
months, or by both such fine and ~mprisonment. Each failure, refusal,
neglect or violation and each day's continuance thereof shall constitute a
separate oi~fense. Such conviction shall not relieve any person From the pay-
ment, collection and remittance of such tax as provided by this ordinance.
Section 12. Effective date.
The effective date of this ordinance, as amended June 20, 1'968, shall be
on and after July 1, 1968.
Pursuant to notice published in the Daily Progress on. June 11, 1968 in
accordance with law, the Chairman called for public hearLng on the proposed
1968-69 budget. The County Executive reviewed the budget message and gave a
brief summary of all proposed revenues and expenditures.
Those persons fTom the public appearing with regard to the proposed
budget included Nr. Donald Reid,
Roy Patterson, President of Citizens for Superior Schools, and Er. Walter
Young.
The County Executive proposed increase in the amount of $2,500.00 in
the County's appropriation to the Library.
Following public hearing, motion was offered by Er. Gibson, seconded
by Nr. Wood, that the 1968-69 estimates be received and a synopsis spread in
the minutes of this meeting for informative purposes, as follows:
RE. V2ICUE ESTINATE S:
Amount to be raised by current levy
Revenue other than from current levy
Educational sources
Textbooks
Cafeterias
Virginia Public Assistance
iT~OTAL GENERAL ILEVENUE FIEYD
$2,78~4,5~00.00
1,21U,0U4.00
2,277,450.00
30,000.00
40,000 · 00
29.6 ~ 100.00
$6,646,134.00
DOG TAX FUND:
14,300.00
MCINTIBE %RUST FUND:
~,5oo-o0
RECEIPTS ]~'I:tOM AI",B'E~ CODNTY 2~RVICE AUTHORIT%:
16,120.00
TOTAI, t{EV21CUE ESTINATES - ALL PIRRPOSES
$6,680,054.o0
PROPOSED EXPENDITIRtE S:
G~ ILE~ FUND:
' ' Tax 'refunds and auto tag refunds
3~ Sales tax Beaver Creek, due State
Excess fees paid into State Treasury
V.P.A. Recoveries
TOTAL GENERAL tLEVENUE FUND
GENERAL OPERATING FUND:
.... Boa~d'of County S~pervisors
Miscellaneous Services
County Executive' s Office
Department of Finance
Collection of Delinquent Land Taxes
Board of Equalization and Assessment
Planning Department
Fm gineering Department
Recording of Documents
Circuit Court
County Court
$ 1,350.00
10.00
6,000.00
~.,.~oo.oo
$ ..... 9,860.00
$ 24,800.00
175,465.00
13,85o.oo
175,72~.00
1,000. O0
6,475.00
32,970-00
13,270.00
4~,6~.oo
5,610.00
2,400.00
342
Commonwealth Attorney's Office
Policing and Investigation
Confinement and care of prisoners
Fire prevention and extinction
Operation, Landfill ~2
0peration, Land_fill
Lunacy Commission s
Public Health-
Advancement Agriculture & Home Ec.
Elections
Maintenance - Buildings and Grounds
TOTAL G~ OPERATING FUND
EDUCATIONAL PURPOSES:
FEDERAL EDUCATION PR0~S:
VIRGINIA PUBLIC ASSISTANCE
CAPI?AT. 0UTLAX:
~00KS:
CAFETERIA S:
MCINTIRE TRUST E2ND:
CROZET SANITARY DIBTRICT FUND:
DOG TAX FUND:
TOTAL EXPENDITLIRE ESTINATES - ALL. PURPOSES
17,400.00
,710.00
53,08o.o0
27,295.0o
5,000.00
2,000.00
58,4 5.oo
2~,~95.00
,UO0.O0
46,870.Q0
9o , 5o.oo
4,486,979.00
,364~500.00
~Z2,000.O,O
30~000.00
40~000.00
~ 500 O0
16,120.00
1~,300.00
$6,680,054.00
On motion of Nr. Gibson, seconded by ~. Wood, and carried by the
following recorded vote'-
AYES: Messrs. Garnett, Gibson, Way, Wheeler, Wood and Yancey.
NAYS: None -
the Board proceeded ~o lay the County Levy for the yeari1968 for
General County Purposes of Five Dollars and Twenty Cents ($5.20) on
every One Hundred Dollars worth of assessed value of real estate and
personal property, and ordered that the Director of Finance of the
County of Albemarle assess and collect on all taxable real estate and
all taxable personal property, including machinery and tools not
assessed as real estate, used or employed in a manufacturing business,
not taxable by the State on Capital; including Public Service Corpora-
tion property (except the rolling stock of railroads) based upon the
assessment fixed by the State Corporation Commission and certified by
it to the Board of Supervisors both as to location and valuation; and
including all boats and watercraft under five tons as set forth in
the Code of Virginia; and all vehicles used as mobile homes or offices
as set forth in the Virginia Code; excluding merchant's capital, farm
machinery, farm~tools, farm livestock, and household goods as set forth
in the Code of Virginia, Sections 15.1-162 and 15.1-617. Ft~qTHER, the
Director of Finance shall make separate classifications of farm machinery,
farm tools and farm livestock.
The County Executive presented proposed Appropriation Ordinance for
the fiscal year ending June 30, 1969. On motion of Nr. WoOd, secOnded by
Nr. Wheeler, this ordinance, which follows, was adopted by the following
recorded vote:
AYES: Nessrs. Garnett, Gibson, Way, Wheeler, Wood and Yancey.
NAYS: None.
A~UAL AI~PROPRIATION Oi~DINANCE OF T~E COUNTY OF
1~~ , VA.
For the Fiscal Yaar Ending June 30, 1969
Au ordinance making appropriation of sums of money for all necessary ex-
penditures of the COUNTY OF ~T~, VIRGINIA, for the fiscal year
ending June 30, 1969; to prescribe the prov!sos, terms, conditions, and
provisions with respect to the items of appropriation and their payment;
and to repeal all ordinances wholly in conflict with this ordinance and
all ordinances inconsistent v~th this ordinance to the extent of such
inc on si st ency.
Be it ordained by 'the Board of County Supervisors of the COUNTY OF ALBE-
NABI.~, VIRGINIA:
SECTION I
That the following sums of money be and the same are hereby appro-
priated from the General Revenue Fund for the purposes specified herein
for the fiscal year ending June 30, 1969:
Paragraph One
For the p~yment of REFUNDS the sum of nine thousand eight hundred
sixty dollars and no cents ($9,860.00) is hereby appropriated to be
apportioned as follows:
1. Tax Refunds
2o Excess Fees Paid State Treasury
3. Auto Tag Refunds
4. Refund - Overpayment - Utility Tax
¥.P.A. Recoveries
6. Rex~and - Contractor' s License Tax
7. 3% Sales Tax Beaver Creek - Due State
8oo.oo
6,000.00
35o.oo
100.00
,500.00
100.00
10.00
~ECTION II
That the following sums of money be and the same hereby are appro-
priated from the General Revenue Fund aud transferred to the General
0peratingFund for the purposes herein specified for the fiscal year
ending June 30, 1969:
Paragraph One
For the current expense of the function of COUNTY AD~INISI~ATION the
sum of eigh~ty-four thousand eight hundred ninety dollars and no cents
($84,890.00)is appropriated to be apportioned as follows:
1. Board of Supervisors $ 24,800.00
2. County Executive 13,850.00
3. Planning Commission 32,970.00
4. Engineering Department 13,270.00
Paragraph Two'
For the current expense of the function of ASSESSmenT OF TAXABLE
PROPERTY the sum of six thousand four hundred seventy-five d~llars and
no cents ($6,475.00) is appropriated to be apportioned as follows:
1. Real Estate Assessors
(Equalization Board) $ 6,475.00
Paragraph Three
343
For the current expenses of the function of COL~CTION AND DI~BUREE-
~ OF TAXES AND 0TB-~R P~CEIPTS the sum of one hundred seventy-six
thousand seven hundred twenty-five dollars~and no cents ($176,725.00) is
appropriated to be apportioned as follows:
I. Department of Finance $ 175,725.00
2. Collection of: Delinquent Land Taxes 1,000.00
Paragraph Four
For the current expenses of the function of PoEC01~DING OF DOC~TS
~H~ sum of forty-one thousand six hundred fifty-five dollars and no cents
($41,65~.00) is appropriated to be apportioned as follows:
1. Office of the Clerk of the Circuit Court 41,655.00
Paragraph Five
For the current expenses of the functiOn of AD~INI~TION OF JUSTICE
the sum of twenty-five thousand four hundred ten dollars and no cents
($2~,410.00) is apportioned as follows:
1. Circuit Court ~,610.00
2. County Court 2,400.00
3. Commonwealth Attorney' s Office 17, ¢00.00
Paragraph Six
For the current expenses of the function of CRINE PREVENTION AND
DETECTION the sum of one hundred sixty-eight thousand six hundred forty-
five dollars and no cents ($168,6¢~.00 is appropriated to be apportioned
as follows:
1. Policing and Investigating 139,935.00
2. Confinement and Care of Prisoners 28,710.00
Paragraph Seven
For the current expenses of the f~ction of FIRE PREVENTION AND
EXTINCTION the sum of fifty-three thousand eighty dollars and no cents
($53,080.00) is appropriated to be apportioned as follows:
1. Appropriations to Volunteer Fire Companies ¢,800.00
2. Other Fire Prevention Activities 48,280.00
Paragraph Eight
For the current expenses of the f~unotion of COUNTY DUMPS the sum of
t~rty-two ~housand two hundred ninety-five dollars and no cents
($32,295.00) is appropriated to be apportioned as follows:
1. Operation of County Dump No. 1 l Sam. N~ller) 27,29~ 00
2. Operation of County Dump No. 2~ Scottsville)5'000[00
Paragraph Nine
For the current expenses of the function of PUBLIC WELF~qE the sum
of two thousand dollars and no cents ($2,000.00) is appropriated to be
apportioned as follows:
1. Lunacy Commission 2,000.00
Paragraph Ten
For the current expenses of the function of PUBLIC ~ALTH the sum of
fifty-eight, thousand four hundred forty-five dollars and no cents
($58,445.00) is appropriated to be apportioned as follows:
1. Joint Health Department 58,420.00
2. Other Public Health Activities 25.00
Paragraph Eleven
~qE or the current e~enses of the functzon of ADVANCEEENT OF AGRICUL-
T AND H0~E ECONONICS the sum of~,t~enty-eight thousand four hundred
ninety-five dollars and-no cents ($25,49%.00) is appropriated.
Paragraph Twelve
For the current expenses of the function of F2aECTIONS the sum of
six thousand eight hundred dollars and no cents ($6,800.00) is appro-
priated.
Paragraph Thirteen
For the current expenses of the function of KAINTENANCE OF BUILDINGS
Ah~D GROU~iDS ~he sum of forty-six thousand eight hundred seventy dolls_rs and
no cents ($46,870.00) is appropriated.
Paragraph Fo~mr teen
For the current expenses of NISCE~0US OPERATING FUNCTIONS the
sum of one hundred se~venty-$~ thousand ~&o¢-,. hundred sixty-five dollars
and no cents ($1Z~65.00) is appropriated to be apportioned as follows:
1~ ContributiOn to Charlottesville-Albemarle
Library
2. Social Security Tax
3. Retirement
4. Group Insurance
Feasibility Studies- Water Systems
County Comprehensive Plan
7. Other Miscellaneous. Items
$ ?3.,320.00
16,000.00
1'2', 000.00
10,000. O0
20,000 · O0
3~, 64~.00
SUM]EARY
Total G~ OPERATING FUND appropriations
for the Fiscal Year Ending June 30, 1969
.... 907,250.00
SECTION III
That the following sums of money be and the same are hereby appro~
priated from the General Revenue Fund and transferred to the School
0peratingFund for SCHOOL PURPOSES herein specified for the fiscal year
ending June 30, 1969:
Paragraph One
For the current expenses of the COUNTY SCHOOL SY~ the sam of three
million nine hundred thirty-five thousand eight hundred forty-seven
dollars and no cents ($3,935,847.00) is appropriated to be apportioned as
follows:
1. Administration - School Board 82,772.00
2. Instruction 2,807,400.00
3. Evening, Part-Time Salaries 31,450.00
4. Other Instructional Costs 217~,050 00
~ Co-Ordinate Activities lp, 350[00
[ Auxiliary Agencies-Transportation of Pupils 332,025.00
Other Auxiliary Agencies 4,050.00
010 O0
[ Operation of School Plant 263, .
9- Maintenance of School Plant 130,
890
:
00
10. Fixed Charges 51,850 O0
Paragraph T. wo
For the current expenses of CAPITAL OUTLAY of the COUNTY SCHOOL
SYSTEA~ the sum of seventy-seven thousand five hundred dollars and no
cents ($77,500.00) is appropriated to be apportioned as follows:
1. New School Buses 38,500.00
2. Equipment for Buildings 16,500.00
3. Improvement to Sites 2,500.00
4. Vocational Equipment 10,000.00
5. Buildings and Grounds 10,000.00
Paragraph Three
For the payment of interest on and retirement of debt of the COUNTY
SCHOOL SYSTEN the sum of four hundred seventy-three thousand six hundred
thirty-two dollars and no cents ($473,632.00) is appropriated to be
apportioned as follows: 1. Bonds - 1950
2. Interest on Bonds - 1950
3. Literary Fund Loan - 1952
4. Interest on Literary Fund Loan - 1952
Payment on Bonds, Retirement - !960 and 61
Interest on Bonds, Retirement - 1960 & 61
Payment on Bohds, Retirement - 1965
~ Interest on Bonds, Retirement - 1965
9. Payment on Bonds, Retirement - 1966
10. Interest on Bonds, Retirement - 1966 (3.8%)
25,000.00
750.00
25,000.00
7,000 00
55,000{00
19,480 co
50,o0o.oo
28,000.00
50,000.00
32,400.00
......... 3z. 5
F_
11. Payment on Bonds, .Retirement - 1966 $ 50,000.00
12.~ Interest on Bonds, Retirement - 1966
1B. Payment on Literary Fund - 1967 60,590.00
14. Interest on Li;~¢~ary Fund - 1967 3444,537.00
Paragraph Four
For the current expenses of the Ikmction of FEDERAL EDUCATIONAL
PROGE~2~S the sum of three hundred sixty-four thousand five hundred
dollars and no cents ($364,500.00) is appropriated to be apportioned
as follows: 1. Elem. & Sec. Education Act - Title I
2. Office of Economic Opportunity - Head Start
3. Elem. & Sec. Education Act - Title III
4. Vocational Rehabilitation
5. Manpower Training Program
166,000.00
30,5OO.00
100,000.00
4446,000.00
22,000.00
SUMMARY
Total SCHOOL OPERATING FUND appropriations
for the Fiscal Year Ending June 30, 1969
444,8.51,4.79.00
SECTION IV
That the following sums of money be and the same hereby are appro-
priated from the General Revenue Fund and transferred to the Capital
Outlay Fund for the purposes herein specified for the fiscal year
ending June 30, 1969:
Paragraph One
For the purpose of WATERS~EDPROJECTS the sum of two hundred sixty-
five thousand dollars and no cents ($265,000.00) is hereby appropriated.
Paragraph Two
For the purpose of DISTRICT HONE ADDITION the sum of fifty-seven
thousand dollars and no cents ($57,000.00) is hereby appropriated.
Paragraph Three
For the p~rpose of CO~TY J&IL CONSTRUCTION the sum of fifty thou-
sand dollars and no cents ($50,000.00) is hereby appropriated.
SUMMAt~Y
Total CAPITAL OUTLAY FUND appropriations for
the Fiscal year ending June 30, 1969
__~72,000.00
SECTION V
That the following sums of money be and the same are hereby appro-
priated from the General Revenue Fund and transferred to the Virginia
Public Assistance Fund for the purposes herein specified for the fiscal
year~ ending June 30, 1969:
Paragraph 'One
~o~'t. the-::; c~bn t ~.~e~per~se sc; ~0~':: ~the~ ,-f0n c ~i.On ~ bf 0P~AT.~0Ni-: OF ~:: ~ :'D~ART-
' F
~T";~.0_~. ~.~..the sum of four hundred ~twenty-five thousand five hundred
forty-five dollars and no cents ($44435,545.00) is appropriated to be
apportioned as follows:
1. Administration 84,14445,00
R. Public Assistance 331,200.00
3. Institutional Care 20,200. O0
SUMMARY
Total VIRGINIA PUBLIC ASSISTANCE FUND appro-
priations for the Fiscal Year Ending June 30,.
1969
44435, 54445. co
SECTION VI
That the following sums of money be and the same are hereby appro-
priated from the General Revenue Fund and transferred to the TEXTBOOK
FUND for the purposes herein specified for the fiscal year ending June
30, t969:
Paragraph One
For the function of SAT~ OF TExTBooKs the sum of thirty thousand
dollars and no cents ($30,000.00) is hereby appropriated.
SUMMARY
Total SALE OF TEXTBOOKS appropr, iations for the
fi scal year ending June 30, 1989
.... ,3o,,o0o..o.o., . . .. .
SECTION VII
That the following sums of money be and the same are hereby appro-
priated from the General Revenue Fund and transferred to CAFETERIAS for
the purposes herein specified for the fiscal year ending June 30, 1969:
Paragraph One
For the function of CAFETERIAS the sum of forty thousand dollars and
no cents ($40,000.00) is hereby appropriated. ~1~
SUMEARY~~
Total CEFE~IAS appropriations for the
Fiscal Year Ending June 30, 1969
40,000.00
SUMMARY
Total appropriations from the General Revenue Fund:
Section I ~ General Revenue Fund
ection II - General 0peratingFund
ection III- School 0peratingFund
Section IV - Capital 0utlayFund
Section V - Virginia Public Assistance Fund
Section VI - Texbbook Fund
Section VII- Cafeterias
Total
9,860.00
~7,250.00
4, 1,479.00
372,000.00
30,000.00
.. 40.000.00
$6,646,134.00
MECTION VIII
That the following sums of money be and the same are hereby appro-
priated for the purposes specified herein for the fiscal year ending
June 30, 1969:
Paragraph One
For. the function of the MCINTIRE ~RUST FUND the sum of three
thousand five hundred dollars and no cents ($3,500.00) is hereby appro-
priated from the McIntire Trust Fund.
SUMMARY
T~otal MCIN~iRE TRUST FUND appro, prmatm n for the
Fiscal Year Ending June 30, 1989 3,500.00
SECTION IX
That the following sums of money be and the same are hereby appropr-
iated for purposes specified herein for the fiscal year ending June 30,
1969:
Paragraph One
For the current expenses of the ikmction of GRB.~T SANITARY DISERICT
the sum of sixteen thousand one hundred twenty dollars and no cents
($16,120.00) is appropriated from the Crozet Sanitary District Fund to
be apportioned as follows:
347
1. Debt Service
$ 16,120.00
SUmmARY
Total CR0~T SANITAl~Y DISTRICT appr~opriations for
the Fiscal Year Ending June 30, t969
1~,120.00
SECTION X
That the following sums of money be and the same are hereby appro-
priated f~r purposes specified herein for the fiscal year ending June
30, 1969:
Paragraph One
For the current expenses of the function of PROTECTION OF LIVESTOCK
FOWLS the sum of fourteen thousand three hundred dollars and no cents
($14~300.00) is appropriated from the Dog Tax Fund.
SUmmArY
Total DOG T~ FUND appropriation for the
Fis6al Year Ending June 30, 1969
14,300.00
GRAND SUNNARY
Total Appropriations from All Funds:
From General l~evenue Fund
From EcIntire Trust Fund
From Crozet Sanitary District Fund
From Dog Tax Fund
Total Appropriations
6,646,134.00
,500.00
1 ,t20.00
14~00.00
$6,680,o54.0o
SECTION XI
All of the monies appropriated as shown by the contained items in
Sections'I through X are appropriated upon the provisos, terms, con-
ditions and provisions herein before set forth in connection with
said items and those, set forth in this section.
Paragraph One
Subject to the qualification in this ordinance contained, all
appropriations made out of the General Revenue Fund, the General
Operating Fund, the School 0perati_~ F~uud, the Capital Outlay Fund,
the Virgi~aPublic Assistance Fund, the Textbook Fund, the Cafeteria
~hnad, the ~cIntire Trust Fund, the Crozet Sanitary District Fund and
the Dog Tax Fund are declared to be maximum, conditional and pro-
portionate appropriations--the purpose being to make the appropriations
payable mn full in the amount named herein if necessary and then only
in the event the aggregate revenues collected and available during the
fiscal year for which the appropriations are made are sufficient to
pay all the appropriations in full. Otherwise, the said appropriations
shall be deemed to be payable in such proportion as the to~l sum of
all realized revenue of the respective funds is to the total amount of
revenue estimated to be a~ailable in the said fiscal year by the Board
of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board
of Supervisors or by the School Board or by the Board of Public Welfare
not included in its estimate of revenue for the financing of the fund
budget as submitted to the Board of ~apervisors may not be expended by
the said agency under the control of the Board Of Supervisors or by the
School Board or by the Board of Public Welfare without the consent of
the Board of Supervisors being first obtained. Nor may any of these
agencies or boards make expenditures which will exceed a specific item
of an appropriation or make transfers between specific items of appro-
priation without the consent of the Board of Supervisors being first
obtained.
Paragraph Three
All balances of appropriations payable out of the General Operating
Fund, the School Operating Fund, the Capital Outlay Fund, the Virginia
Public Assistance Fund, the Textbook Fund, the Cafeteria Fund and the Dog
ax ~F~nd of the county treasury at the close of business on~ the thirtieth
30th] day of June, 196.8, except as otherwise provided for, are hereby
declared to be lapsed into the county treasury and shall be used for the
p~yment of the appropriations which may be made in the a.~propriation
ordinance for the next fis~cat year, beginning July 1,1955.
Paragraph Four
No obligations for goods, materials, supplies, equipment or con-
tractural services for any purpose may be incurred by any department,
bureau, agency or individual under the direct control of the Board of
Supervisors except by requisition to the director' of finance; provided,
however, no requisition Nor contractural services--such as communications,
travel, freight, express-and membership fees and subscriptions shall be'
required; and provided further that no requi~tion for contractura! ser-
vices involving the issuance of a contract on a competitive bid basis
shall be required, but such contract shall be approved by the head of the
contracting department, bureau, agency, or individual and the director of
finmnce, who shall be responsible for securing such competitive bids on
the basis of specifications furnished by the contracting department,
bureau, agency or individual.
In the event of the failure for any reason of approval herein re-
quired for such contracts, said contracts shall be awarded through ap-
propriate action of the Board of Supervisors.
Any obligations incurred contrary to these requirements shall not be
considered obligations of the county and the director of finance shall
not issue any warrants in payment of such obligatiOns.
Paragraph Five
Nothing in this section shall be construed as authorizing any reduc-
tion to be made in the amounts appr~p~i&t~d in this ordinance for the
payment o~nterest or principal on indebtedness of the County of Albemarle.
Paragraph Six
Allowances out of any of the apl~£opriations made in this ordinance
by any or all county departments, bureaus, or agencies under the control
of the Bo~.d of Supervisors to any of their officers and employees for
expenses on account of the use of such officers and employees of their
personal automobiles in the discharge of their official duties shall not
exceed seven cents (7~) a ~le of actual travel.
Paragraph Seven
All travel expense accounts shall be suhnitted on forms and accord-
ing to regulations prescribed or approved by the director of finance.
Each account shall show the dates expenses were incurred or paid, points
between which traveled, number of miles traveled,, method of t~ave.1,
whether by railroad, steamship, bus, or for-hire/privately-o~ned/ or
county-owned automobile, Pullman fare (to be shown separately from
regular fare), hotel expenses, meals, and incidental expenses such as
telegr.ams, telephone calls, etc. must be specified in each instance, and'
a conczse statement of the purpose of or reason for such travel expenses.
The director of finance is specifically directed to v~thhold the issuance
of warrant checks in payment of expense accounts submitted for "lump-
sum accounts".
Paragraph Eight
The compensation of each employee who enters the service of the County
of Albemarle during the period which begins July 1, 1968 and ends June
30, 1969 shall be fixed ~or the said fiscal year at such rate as shall be
determined by the county executive in writing and as approved by the
Board of Supervisors, .and no increase shall be made in the compensation
of any employee of the County of Albemarle during the said fiscal year
except v~th the approval of the Board of Supervisors being first obtained;
provided, however,~ that this restriction shall not apply to officers or
employees of the School Board and~::the Board of Public Welfare. Where any
employee is appointed or employed to fill a vacancy in a position the
349
county executive may fix the salary of such employee who enters the
service of any agency (uuder the control of the Board of Supervisors)
or is promoted to such po.sition during the period which begins July 1,
1968 and ends June 30, 1969 at a lower rate or amount than was approved
for the position at the time it became vacant. It is provided, however,
that such employment shall be subject to the approval of the Board of
Supervisor s.
Paragraph Nine
Nothing herein contained, however, shall be construed to vest with
the county executive the employment or promotion of personnel for the
School Board or the Board of Public Welfare.
Paragraph Ten
All ordinances and parts of ordinances inconsistent with the pro-
visions of this ordinance be and the same are hereby repeale~.
THIS ORDINANCE SHALL BEC0~gE EFFECTIVE ON JULY FIRST, NINETEEN
AND SIXTY-EIGHT.
The Chairman called for public hearing on proposed amendments to the
Subdivision Ordinance in accordance with notice published in the Daily
Progress on June 7 and June 14, 1968. No one from the public appeared
in this regard. Nr. John Humphrey, County PSanner, explained the pro-
posed changes. After discussion, motion was offered by Nr. Gibson,
seconded by Nr. Wheeler, and unanimously carried, approving the following
changes to the existing Subdivision Ordinance:
(1) Under Section 3 - F. LotS,.
Change (5) to read as follows:
Residential lots shall provide a minimum lot area of not less than
the requirement of the individual zone classification to the area
being subdivided.
Delete (6) as it now reads and change to read as follows:
In case of unusual soil conditions or other physical factors which
may impair the health and safety of the neighborhood, upon recom-
mendation of the City-County Health Officer, the County Planning
Commission may increase the lot area requirements specified under
the Albemarle County Zoning Ordinance.
Unless a sanitary sewerage system is available which has been ap-
proved by the Joint Health Department, the subdivider shall present
to the County Plmuing Commission satisfactory proof that such per-
culation tests as are required by the Joint Health Department have
been made in accordance with the standard procedure recommended by
the Virginia State Health Department, and that the minimum number of
square feet of area w~ich shall be required, for absorption of ef-
fluent from the septic tank system from each individual lot shall
be based either on the result of a perculation test or inspection
35
of the soil condition by a sanitarian of the Join~ Health Depart-
ment and in no instance shall lot areas be smaller than those
outlined in the zone in which the subdivision is located.
(2) Under Section 3 - G. Bu.i. ldin$ Lines.
Change ( 1 ) to read as follows:
Where the subdivided aremis to be used for residential purposes,
the subdivider shall establish building lines in accordance with
the Albemarle County Zoning Ordinance. l~estricmtiOns requiring
buildings to be set back of such building lines shall be shown on
the plat.
Change (2) to read as follows:
~£nere the subdivided area of any portion thereof is to be used for
commercial purposes, the subdivider shall establish building lines
in accordance with the Albemarle County Zoning Ordinance.
(3) Under Section ~ -PRELININARY PLAT.
Change first paragraph to read as follows:
A suhiivider shall file four (4) prints of a preliminary plat pre-
pared by surveyors, civil engineers, county or city plauners, land
planners, arahitects, or the owner of the land, with the office of
the Planning Commission or Commissions having jurisdiction, at least
seven (7) days prior to the meeting at which the plat is to be con-
sidered. The plat shall be drawn on one or more numbered sheets
at a scale of one hundred (100) feet to an inch.
(4) Under Section 6 - FINAL PLATS.
Change the first .paragraph to read as follows:
A subdivider shall file the original linen tracing and four (4)
prints thereof of the final plat prepared by a surveyor or civil
engineer licensed by the State and supporting data listed herein,
with the office of the Planning Commission or Commissions having
jurisdiction at least ten (10) days prior to the meeting at which
the plat is to be considered. The plat shall be drawn to a scale of
one hundred (100) feet to the inch, excepting a plat of up to four
(4) lots which may be drawn to a scale of twenty (2~) feet to the
inch. The sheet size shall be border-to-border size of eleven (11)
inches by eighteen (18) inches with a one (1) inch margin on all
sides. The top of the sheet ~ll be approximate north. No variance
of sheet size will be accepted.
............... 35Z
Three suggested amendments to the Zoning 0rdina~cle were received
from the Planning Commission. On motion of Nr. Gibson, seconded by
Wheeler, it was ordered that 10:00 A.N. on July 18, 1968, be set as the
time for public hearing on these'proposed amendments and the Clerk was
directed to publish proper notice of this hearing.
The Board was advised that the Planning Commission had reviewed
the suggestion of the County Executive that the Recreation Ordinance be
amended to .reduce the annual charge for boating permit from $10.00 to
$5.00 and had approved said suggestion. On motion of Nr. Gibson,
seconded by Nr. Yancey, it was ordered that 10:00 A.~. on July 18,
1968, be set as the time for public hearing on this proposed amendment
and the Clerk ~ras directed to publish proper notice of said hearing.
The County Executive advised that the past session of the General
Assembly had reduced the limit of cars establishing an automobile grave-
yard from ten to five and if this Board wish*°to amend its ordinance to
comply with State Statutes, a public hearing would be required. On
motion of Nr. Yancey, seconded by Nr. Wheeler, it was ordered that 10:00
A.M. on July 18, 1968, be set as the time for public hearing on this pro-
posed amendment and the Clerk was directed to publish proper notice of
said hearing.
The following statement was made by Nr.' Gibson: "The County having
recently been petitioned for a rezoning case by parties other than
owners or contract purchasers, has led to a great deal of discussion
and deliberation by the Board as to the advisability of allowing this
in the future. In order to have a full and in depth understanding of
this matter, I move we direct the Planning Commission to have a public
hearing on amending the Zoning Ordinance to allow for request of re-
zoning to be made by the owners, contract purchasers or their agents,
the Board of Supervisors, or the local Commission. I further move that
until such time as the Planning Commission has held public hearings and
the Board of Supervisors has had public hearings on thi's matter and
determine whether this amendment should be placed in the Ordinance, 'this
Board shall follow ~h~ p~licy of considering requests for rezoning made
by owners or contract purchasers only and shall not look with favor on
any petitions submitted by other parties." ~r. Gibson's motion was
seconded by .Nr. Wheeler and unanimously approved.
Statements of Expenses incurred by the Department of Finance, the
Sheriff's Office and the Office of the Commonwealth's Attorney for 'the
month of Nay, 1968 were ~ubmitted. On motion of Nr. ~a~cey, seconded by
Nr. 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 Ray, 1968. On motion of Nr. Gibson, seconded by ~r. Yancey,
these statements were unanimously approved.
Reports of the Department of Public Welfare were submitted for the
month of Ray, 1968, in accordance with Sections 63-67.1 and 63-67.2 of
the Code of Virginia.
S.L.H. l~eport for the month of N~y, 1968, was received ~rom Dr.
S. D. Sturkie and on motion of Nr. Gibson, seconded by Nr. Yancey, was
unanimously approved.
Claim of the University of Virginia Hospital info, he amount of
$3,604.23 was submitted for hospitalization of indigent patients for the
month of Nay, 1968. On motion of Nr. Wood, seconded By Nr. Gibson, this
claim was unanimously approved for payment.
Report of the County Executive for the .month of Nay, 1968, was re-
ceived and ordered filed.
The Board's attention was called to the fact that the term of Er.
Legh Walker on the Welfare Board will expire on June 30, 1968. Er. Way
advised that Er. Walker had indicated earlier that he did not wish to be
reappointed. It was ordered that a letter of appreciation be forwarded
to Nr. Walker for services rendered. On motion of Er. Way, seconded by'
Er. Wheeler, Nr. Edgar Paige of Esmont was appointed to the Welfare BOard
for a term of three years. This appointment was unanimously approved.
The Board was also advised that the terms of Er. E. G. Tremblay and
Ers. Donald Carroll on the Library Board expire June 30, 1968. On motion
of Er. Gibson, seconded by Er. Wood, and unanimously carried, Er. Tremblay
was reappointed to the Library Board for a term of three years. On motion
of Nr. Way, seconded by Er. Gibson, and unanimously carried, Nfs. Carroll
was reappointed to the Library Board for a term of three years, this
appointment being subject to acceptance by Ers. Carroll.
Er. Wood suggested that in order to aid and assist the Sheriff's
Office and to provide for protection of-citizens that the County Executi~e
be authorized to purchase radar for the County. This matter wa~ dis-
cussed and the County Executive was requested to check with the Sheriff
on the matter and make recommendation.
On motion of Nr. Gibson, seconded by Er. Yancey~ and unanimously
353
carried, it was ordered that check No. 8579 in the a~ount of $46.00, made
payable to Sharon Bosler on ~ay 16, 1968, be cancelled. This'i':oheck was
issued~o.~ a training course which the payee did not take.
On motion of Nr. Gibson, seconded by Nr. Wheeler, rules with regard
to second reading were suspended and the following resolution unanimously
adopted:
BE IT BESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that $139.50 be and the same
is hereby appropriated to 'cover current expenses in con-
nection with School Construction.
The County Executive advised that the Airport Con,mission had recom-
mended application to F.A.A. for funds to extend the airport runway and
increase apron space. Communication was received fzom City Council ad-
vising ;:~tha. t Nr. Vogt, Nr. Rinehart and Nr. Bowen were appointed as a
committee to meet with a committee from this Board to make recommendations
to the governing bodies concerning improvements suggested by the Comm~s-
sion. The Chairman appointed Nr. Wood, Nr. Wheeler and Nr. Batchelor
to serve on the County's committee and Nr. Batchelor was requested to
set up a meeting of the joint committee.
On recommendation of the Commonwealth's Attorney, the following
resolution was offered by Nr. Gibson, seconded by Nr. Wood and unanimously
adopted:
~AS, the Board of Supervisors of Albemarle County,
Virginia recognizes a need for increased efforts to meet and
overcome juvenile and domestic relations problems; and
WHEREAS, Section 16.1-143.1 of the Code of Virginia,
as amended, authorizes our County to participate with other
governmental jurisdictions in establishing a regional juvenile
and domestic relations court, which might do much to alleviate
these problems,
NOW, ~FORE, BE IT I~ESOLVED, that the Board of Super-
visors of Albemarle County does hereby approve and petition
for the establishment of a Regional Juvenile and Domestice
Relations Court to serve the City of Charlottesville, the County
of Albemarle, the County of Greene, the County of ~adison and the
County of Fluvanna, and does respectfully request the Honorable
George E. 'Coles and the Honorable Lyttleton Waddell, Judges of
the Corporation Court of the City of Charlottesvil~ and of the
Eighth Judicial Circuit, resp~ively, to establish such a Court.
Claims against the County amounting to $748,661.64vwere presented,
examined, and ~llowed, and certified to the Director of Finance for pay-
ment and charged against the following funds:
General Revenue ~Mnd
General Operating Fund
School Operating Fund
Capital Outlay 2hnad
Cafeterias
Virginia Public Assistance
Dog Tax
Crozet Sanitary District ~k~nd
Town of Scottsville 1% Local Sales Tax
Comm. of Va. Current Credit Account
115 26
69,609 ] 5'1
391,290,177
25'. ~o
9,999.11
31,5'42.22
671.08
5'o7.5'o
_70.42
244, ~30.27
Total
$748,661.64
On motion, the meeting was adjourned.
Chairman