1968-07-09SPECIALJuly 9, 1968
Pursuaut to the following waiver, the Board of County Supervisors of
Albemarle County, Virginia, met in special session at 4:00 P.N. on this
date in the County Office Building, Charlottesville, Virginia, ~th the
following members present: ~esars. E. N. Garnett, Joseph E. Gibson, Peter
T. Way, Gordon L. 'Wheeler, Lloyd F. Wood, Jr. and l~. A. Yancey.
We, the undersigned, members of the Board of County Super-
visors of Albemarle County, Virginia, do hereby waive notice
and special service thereOf, of a meeting to be held at 4:00
P.~. on the. 9th day of July, 1968, for the purpose of con-
sidering request for acceptance of certain streets in Colthurst
Farm Subdivision into the Secondary System, the establishment
and location of a commuuity college in this area, and the ac-
quisition of certain water and sewer systems, and we do hereby
consent to any and all business and the taking of such action
at said meeting upon the matters hereinabove mentioned as may
be lawful, incident, and necessary thereto ....
-- E.N. Garnett
Oordo~ L. Wheele~
L~ibyd F. W0od,~ ~.
l~equest was received from James L. Jessup, President of Jessco, Inc.
for inclusion of certain streets in Colthurst Farm Subdivision into the
Secondary System. The following resolution was offered by Nr. Gibson,
seconded by ~r. 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, effective July 1, 1968, the
following streets in Colthurst Farm Subdivision:
1. Raynard Drive
2. Colthurst Drive
3. Falcon Drive
4. Tally-Ho-Drive
Cavalier Drive
Total di stance
- .30 mile
:
mile
-
- mile
- ~ miles
BE IT FURTHER RESOLVED that the Virginia Department of
Highways be and is hereby guaranteed a ~0-ft. unobstructed
right-of-way along these requested additions, along with all
necessary drainage easements, the same having been recorded
by plat in the Office of the Clerk of the Circuit Court in
Deed Book 340, pages 419-424.
Communication was received from the State Board of Community Colleges
requesting the Board 'to forward new resolution which would reaffirm the
Board's desire to have a community college located in this region and state
that this county would be willing to pay its proportionate share of the cost
of providing sufficient land for the initial establishment of such college.
After discussion, the following resolution was offered by Nr. Way, seconded
by Mr. Wheeler, and unanimously adopted:
WHEREAS, the State of Virginia, through effective leadership,
has embarked upon a highly commendable educational program; and
WHEREAS, the Department of Community Colleges has announced
a progressive program to establish Dolleges in twenty-two regions
of Virginia by 197t; and
WHEREAS, it is the stated desire to locate these colleges in
effective locations in the established regions of the State serving
a thirty-five to forty-five mile radius; and
~FEREAS, region eighteen comprises the County of Albemarle,
Fluvanna, Nelson, Buckingham and Cumberland, and the City of
Charlottesville; and
WHEREAS, the community of Scottsville falls almost in the
center of region eighteen and with good roads leading in from all
directions oS the region and with not more than forty-five miles
distsnce to any point in region eighteen;
NOW, THEREF~, BE IT RESOLVED that the Albemarle County
Board of Supervisors highly commends this ambitious program ..aud
respectfully requests the Department of Community Colleges to give
serious consideration to the location of the proposed college for
the eighteenth district in the Scottsville area.
HE IT F~RT~ RESOLVE~ that the Board of Supervisors will
share with the other political subdivisions in this district and
pay its proportionate share of providing land and utilities for
the initial establishment of a community college.
357
F
The County Executive went over location of Sydnor's five water systems
(Woodbrook, ~ontvue, Colthurst, Flordon and West Leigh) and Commonwealth
Utiliti~.s and Hessian Hills. He advised that Sydnor offered to sell his
five to the County for $200,000.00. Nr. Daley Craig offered to sell his
system for $16,000.00 and Commonwealth Utilities will be condemned or pur-
chased for $17~,000.00. Condemnation of Commonwealth Utilities will pro-
bably be necessary because of bankruptcy and vested interest of the Catholic
Church in the system.
After discussion, motion was offered by Mr. Wood, seconded by Mr. Yanoey,
mud unmuimously approved, authorizing the purchase of Sydnor systems for
$200,000.00.
In connaotion with purchase or condemnation of the system of Common-
wealth Utilities, the following resolution was offered by Mr. V~eeler,
seconded by Mr. Way, and unanimously adopted:
WHEBEAS, it is necessary and in the p~ublic interest of the
citizens of Albemarle County for this Board to acquire by purchase
or condemnation and to operate the water and sewer systems servmng
the residential subdivision in Albemarle County situated west of
U.S. Route 29 and north of Charlottesville, known as Berkeley
Community.
An~ whereas said ~rater and sewer systems are owned by a public
utility corporation known as Commonwealth Utilities, Incorporated,
organized and operating under the laws of Virginia;
And whereas the controlling stock interest in said corporation
is presently involved in legal complications arising from disputes
between the trustee in baukruptcy and Dr. Sterling R. Decker smd
various creditors of Dr. Decker and of s~id corporation;
And whereas ownership and operation of said water and sewer
systems is further complicated by certain agreements e~tered into
between said corporation and the officials of Holy Comforter Roman
Catholic Church for water and sewer rights granted for the use and
benefit of the school maintained by said Church on the "Branchlauds"
property near' Berkeley Community;
Now, therefore, be it resolved that this Board offers to pur-
chase all of the property, real and personal, of Commonwealth
Utilities, Incorporated, owned and used by it in connection with
said water and sewer systems serving Berkeley Community and environs
for the price of-$175,000.00 payable in 0ash upon delivery of proper
documents for effective transfer of title to said property, free of
lien and encumbrances, including all claims of creditors of said
corporation and Dr. Decker, as well as preferential claims of said
Church for water s~nd sewer service.
And be it further resolved that, if the necessary parties are
unwilling or unable to agree upon a sale of said property pursuant
to this offer, or to agree upon division among themselves of the
proceeds of sale, Sr if, for any reason, they are unwilling or unable
to transfer a good and sufficient merchantable title to said property
to the County of Albemarle or to its ass!gns, free of the claims of
said creditors and said Church, this Board shall then proceed to
acquire said property by exercise of it~right of eminent domain.
And the County Executive and the Commonwealth's Attorney are
hereby directed to communicate this offerto Commonwealth Utilities,
Incorporated, to Mr. B. B. Woodson, Trustee in B~U~tcy for
Sterling ~. Decker, to Mr. George Gilmer; attorney ~or said creditors,
.and to Mr. E. G. Tremblay, attorney for Said ChurCh. If this offer
ms not accepted by the necessary parties and, if necessary approved
by the P~e~eree in Bankruptcy within a reasonable time, or if a
good title to the property cannot be conveyed to the County of
Albemarle, ~i~thin a reasonable time, the County Executive and
Commonwealth's Attorney are hereby authorized and directed to
institute appropriate legal proceedings for the purpose of ac-
quiring said property by condemnation for the County under this
Board's powers of eminent domain.
On motion of Nr. Wood, seconded by ~. Yancey, and unanimously ap-
proved, purchase of the Hessian Hills system for the sum of $16,000.00
was authorized.
On motion of Nr~ Yancey, seconded by ~. Wood, rules v~th regard to
second reading were suspended and the following resolution unanimously
adopted:
BE IT EESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that $134,000.001 be and the same
is hereby appropriated to make necessary connections and improve-
ments of the systems to be purchased from Sydnor and Commonwealth
Utilities.
On motion of Nr. Gibson, secanded by Nr. Way, and unanimously approved,
the County Executive was authorized to employ 0. R. Randolph as engineer to
~e plans and specifications on connections of systems.
On motion, the meeting was adjourned.
Chairman