1968-11-21403 '
3- Dr. Richard Narks - Nedical profession representative.
4. Mr, H. C. Lanahan - Citizen representative.
5. Mr. Lloyd Wood ~ Board of Supervisors representative.
Mr. Way stated that he was deeply concerned over the litter in Albe-
marle County and felt the problem was of sufficient magnitute that the
County Government should display some leadership, and consider the location
of additional dumping areas. He proposed a committee to study the problem
and make recommendation to this Board. The Chairman asked the Sanitary
LandFill Committee (Mr. Yancey, Mr. Way, Mr. Wood and Mr. Gibson) to
serve in this capacity. The County Executive suggested that a couple
members of the Planning Commission be asked to work with this committee.
The County Executive advised that he and the County Attorney had
discussed the time this Board was devoting to consideration of conditional
use permits during its regular meetings and they were of the opinion that
this matter could be and perhaps should be handled by the Board of Zoning
Appeals on authority designated by this Board. It was pointed out that a
proposed amendment to the Zoning Ordinance with regard to trailers wnuld
eliminate approximately 90~ of conditional use permit hearings. Notion was
offered by Nr. Wheeler, seconded byMr. Way, to delegate authority for
fixing conditions relating to conditional use permits ~o the Board of
Zoning Appeals, effective November 1, 1968. However, in discussion which
followed, this motion was withdrawn and the Clerk was directed to place
this matter on the November docket.
Claims against the County amounting to $546, 217 ;~60 were presented,
examine&~, and allowed, and certified to the Director of Finance for payment
and charged against the following ihmds:
'General Revenue Fund
General Operating Fund
School Operating Fund
Virginia Public Assistance Fund
Capital Outlay Fund
Dog Tax Fund
Co .uuty Water Systems Fund
Town of Scottsville 1% Lo~al Sales Tax
Comm. of Va. Current Credit Account
On motion,
$ 112.26
89,747.34
401,525:46
33,322.70
7,395.26
1 .74
72.o5
12,351..24
Total $546,217.60
the meeting- .w~,s adjourned. _ ~,~ -~ -~ ~
A regular meeting of the Board of County Supervisors of Albemarle
Country, Virginia, was held at the Office Building of said County on the
21 st day of November, 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 County Attorney.
The meeting opened with the Lord's Prayer led by Nr. Garnett.
On motion of Mr. Way, seconded by Mr. 'Wheeler, minutes of the
meeting of October 17, 1968, were approved as submitted.
Communication was received from Mr. R. G. Warner, Resident Highway
Engineer, regarding recent evaluation of services provided by the Warren
and Hatton Ferries. He informed the Board that $7,000 of this County's
Secondary Budget is used for the operation of these two ferries and that
records indicate much less traffic at Warren than at Hatton. He further
stated that at least half of this amount could be saved if one of the
ferries were done away with. Mr. Warner recommended that consideration be
given to abandoning the Warren Ferry and retaining the Hatton Ferry from
the hours 8:00 a.m. through 4:30 p.m., thereby eliminating overtime pay
for the operators. On motion of Mr. Way, seconded by Mr. Wheeler, unani-
mously carried, approval was given to operating both ferries during the
hours suggested, 8:00 a.m. to 4:30 p.m., and further action on this re-
Quest was deferred until the regular road hearing to be scheduled in the
spring of 1969.
Mr. Way advised that he receives numerous complaints regarding speed
on Route 20 near the store at Keene and on Route 6 in the residential area
about a mile out of Scottsville and~ suggested some type of sign, perhaps
a conjested area sign, to alleviate this problem. Mr. ~arner stated that
he would look into this.
Mr. Wheeler again requested ~information with regard to the progress
on the Broadus Wood School entrance. Mr. Warner stated that his department
is still working on this project. Mr. Wheeler advised Mr. Warner that he
had offered Mr. Coats his assistance on any problems encountered and had
heard nothing further from him. Mr. Wheeler again offered to work with
the Highway Department in obtaining any necessary rights-of-way in order
that this project might be completed.
Mr. Gibson informed Mr. Warner that he had received a request from
Dr. Lang for an appropriate sign at the aDproach to the bridge near the
405
intersection of Routes 601 and 678 to warn people that this is a one-
lane bridge and. also requested some top d~ess to the bridge. Mr. Warner
stated that these matters had been called to his attention aud were being
taken care of.
Mr. Womd commented on the speed on Hydraulic Road between Route 29
and Albemarle High School. Mr. Warner stated that a stud~y has been made
and that the traffic engineers did not recommend any change at this time.
He stated that 85% of drivers are exceeding the posted speed limit of 45
mph. Mr. Wood suggested a 3~ mph limit in view of the fact that the area
is becoming more conjested. Mr. Warner stated that this would be evaluated
from time to time.
Nr. Wood also commended Mr. Warner for his patience and efforts in
improvements made in the Charlottesville District.
Mr. Yancey again asked when the gravel would be moved and culvert in-
stalled on Route 2~0 in the village of Yancey Mills. Mr. Warner said he
didn't know why this has not been taken care of.
Mr. Way advised that a group from the Scottsville area would meet with
Mr. Fugate at 11:00 a.m. on November 2~th with regard to Route 20, South.
Mr. Way stated that the group would leave Scottsville at 8:~ and invited
any interested Board members to t~is meeting.
Mr. Townes called Mr. Warner~s attention to the fact that there was
still no yield sign on Route 714. Mr. Warner advised that a sign was put
up but someone had taken it down and it would be re-installed. Nm'. Townes
also advised that the road to the other dump is in need of improvements.
Mr. Wheeler again inquired with regard to Route 600 from Cismont to
the Lo'misa County line. Mr. Warner advised that this road is too narrow
for center lines but outer lines and marking on curves is to be worked out.
Communication was received from Mr. J. T. Graves offering to provide
County citizens with ambulance service at a cost of $20.00 per person per
trip plus $1.00 per mile from the Charlottesville corporate limits. Dr.
Leslie E. Rudolf of the University of Virginia Medical Center appeared in
this regard. Dr. Rudolf urged the Board to give consideration to several
matters before making its decision. He stated that indigent patients,
above and beyond those on Welfare and under Medicare, should be considered
as the number being transported to the University Hospital is quite large.
He also stated that there should be a d~finite agreement between the Rescue
Squad and the successful contractor as to the type pickups each will make.
Mr. Joel Cochran and Mr. Charles Bausch appeared on behalf of the Rescue
Squad. They urged that something be done immediately in order that per-
sonnel could be trained prior to ~ ~
~anuary 1 They pointed out that the
Rescue Squad is obligated ta provide prompt emergency service only. Nr.
Cochran recommended a contract with Mr~ Graves similar to the City's
contract which would run concurrently. He also stated that he felt two
ambulances would not be sufficient. After consideration of the facts
presented, Nr. Batchelor was directed to arrange a meeting between the
Board and Mr. Graves.
At 9:30 A.E. the Chairman called for public hearing on proposed
amendments to the Airport Commission Ordinance as advertised in the Daily
Progress on November ? and 14, 1968. Mr. D. B. Narshall, County Attorney,
advised that in conference with Mr. Clyde Gouldman, City Attorney, a slight
change had been decided upon with regard to that section dealing with the
terms of office and Mr. Narshall recommended that this change, which he
read to the Board, be accepted in order that the City and County ordinances
correspond. No one from the public appeared in this regard. On motion of
Mr. Yancey, seconded by Mr. Wheeler, the ordinance was adopted unanimously
as follows:
AN ORDINANCE TO A~ND AND BE-ENACT SECTIONS 2-24 and 2-2~ of the CODE OF
THE COUNTY OF 212tEMABT~.F~, RELATING TO THE COMPOSITION OF THE AIRPORT COX-
NtSSION~ ~.~[1~. 0.I. NT~.'..~T OF MEMBERS THEREOF~ AND TERMS OF OFFICE.
HE IT ORDAINED by the Board of County Supervisors of Albemarle County
that Sections 2-24 and 2-25 of the Code of the County of Albemarle (1967),
relating to the composition of the Airport Commission, the appointment of its
members, and their terms of office, be amended and re-enacted as follows:
Section 2-24 Composition; appointment of members.
The airport commission shall consist of seven members, including the
city manager of Charlottesville, the county executive and five citizens ~ff
Charlottesville or the county who hold no other municipal office. Such
members shall be appointed by joint action of the board of supervisors and
the city council of Charlottesville.
Section 2-2~ Comp. en...sation and term. s ..o.f 0ffic..e.. of members.
All members of the airport commission shall serve without compensation.
The city manager of Charlottesville and the county executive shall serve as
members of the airport commission for terms corresponding to their respec-
tive official tenures. Three members shall be, .ap.p..ointed orior to January 1,
1.969, one qf whom shall serve ~un. ti.1 December .1., 1.969;..o..n.e... until December
1~970~ and one until December 1~ 1~.71. All members aopointed after January
1969, shall serve for term.._s of th~.ee year. s~ ..and all terms of such members
shall ,~xpir, e on Dec, ember 1.,st ,o,f ,the ,ye ,a~ of ,,e',,xp,i~ation,,. No member shall be
r~-appointed w. ho h~s s~M~e~ as a member for ..S~X ~qonsecutive years immediately
preceding such re-aopointment.
Motion was offered by Mr. Wheeler, seconded by Mr. Wood, and unanimously
adopted, to appoint the following persons to the Joint Airport Commission,
subject to approval by City Council:
Mr. William Clontz - one year.
Mr. Yates Stafford - two years.
Mr. D. Cary Jackson - three years.
On motion of Mr. Gibson, seconded by Mr. Wheeler, the Clerk was directed
to forward letter of appreciation to Mr. Gerald' Tremblay for his services
on the Joint Airport Commission.
At 10:00 a.m. the Chairman called for public hearing on zoning requests
in accordance with notices published in the Daily PrOgress on November 1,
8 and 15, 1968.
(1) Application of George A. Cason, Sr. to rezone 2.2 acres from Agricul-
tural A-1 to Industrial M~i for the purpose of establishing a retail
nursery outlet on Route 643, Map 45, parcel 66.
Mr. Humphrey advised that such rezo~ing would not be in the best
interest of the County in his opinion and also stated that the Planning Com-
$ission denied this request by a six to four vote~ with one abstaining. On
motion ofI Mr. Way, seconded by Mr. Yancey, unanimously carried, Mr. Cason's
request was denied. (No one from the public appeared. )
(2) Application of Thomas F. and Betty G. Starke to rezone t .2¢ acres from
Residential R-2 to Business B-1 to accommodate a restaurant and
service station on Route 240 across from Morton Frozen Food Plant.
Mr. and Mrs. Starke and their attorney, Mr. Herbert Pick_ford, appeared
in support of this request. Mr. Humphrey advised that the staff and the
Planning Commission recommended approval of this request. On motion of Nr.
Gibson, seconded by Mr. Yancey, the request of Mr. and Mrs. Starke was given
unanimous approval.
(3) Application of Robert W. Smith to amend Article ~-1-38 of the Zoning
Ordinance to allow Drive-in theaters with a Conditional Use Permit.
Mr. Humphrey recommended approval by the Board since in his opinion
drive-in theatres are best suited as a use in the Business, B-1 zone. How-
ever, Mr. 'Humphrey advised that the Planning CommissiOn was unanimous in
recommending denial. Mr. Smith appeared along with his attorney, Mr. Edel-
son, and presented evid~mce of the type development proposed. Mr. A1 Dwyer
and Mr. W. H. White also appeared in ~apport of the request. Those who
appeared in opposition were Nr. James Cars~ell, Nfs. Talcott, Betty Craig,
Ruth Baird and W. L. t{ennolds,~all of the Keswick area. Nr. Wheeler stated
that he felt it would be well to make a study of the B-1 classification.
After considerable discussion, motion was made by Er. Gibson, seconded by
Er. Yancey, to give approval to Nr. Smith's request. This motion carried
by the following vote: Ayes - ~essrs. Garnett, Gibson, Way, Wood and
Yancey. Nayes - Nr. Wheeler.
The Chairman called for public hearing on proposed amendments to the
Utility Ordinance in accordance with notice published in the Daily Progress
on November 7 and 14, 1968. The County Executive suggested one further pro-
posed change.., other than those advertised; to delete the last portion of
Section (e) which reads "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." This met with the Board's approval.
After public hearing, the following was offered for adopted by Nr. Gibson,
seconded by Er. Wood, and unanimously adopted:
AN ORDINANCE TO A~ND S~C~ION 2, PARAGRAPH (E), AND SECTION 3 OF TNR. ~
COUNTY UTILITY TAX ORDINANCE SO AS TO l{EDUCE TEE ~LiXI~U~ A~0UNT OF A NONTHLY
BILL FOR PURCHASE OF GAS SERVICE FOR l{ESIDENTIAL PURPOSES V~HICH IS SUBJECT
TO TAX.
BE IT ORDAINED by the Board of County Supervisors of Albemarle County
as follows:
1. That Section 2, paragraph (e) of said Utility Tax Ordinance be and
it is hereby repealed and re-enacted to read as follows:
(e) On purchasers of gas 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, 1968, exclusive of any Federal or State
tax thereon, made by the seller against the purchaser ~Lth respect to such
residential gas service; provided, however, that in any case a monthly
bill submitted by the seller for gas service for residential purposes
shall exceed ten dollars ($10.00), there shall be no tax computed on so
much of such bill as shall exceed ten dollars ($10.00).
2. That Section 3 of said Utility Tax Ordinance be and is hereby
repealed and re-enacted to read as follows:
"Section 3. Utility bills, monthly or otherwise.
Bills shall be considered mOnthly bills if rendered twelve times
annually with each bill covering a period of approximately one month or a
portion thereof. If bills for utility services are submitted less fre-
quently than monthly, covering periods longer than one month, the maximum
~mounts of such bills which shall be subject to the tax levied by this
ordinance shall be increased by multiplying the appropriate maximum fixed
by Section 2 above for the utility service involved by the number of months
of service covered by such bills."
Statements of expenses of the Department of Finance, the Sheriff's
Office Mud the OFfice of the Commonwealth's Attorney were submitted for
the month of October, 1968. On motion of Nr. Wood, seconded by ~r. Yancey,
these statements were unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail
was submitted for the month Of October, 1968, along with summary statement
of prisoner days. On motion of Nr. Wood, seconded by Nr. Yancey, and
unauimously carried, these statements were approved.
l~eports of the Department of Public Welfare were submitted for the
month of October, 1968. in accordance with Sections 6~-67.~'~and 63-67.2 of
the Code of Virginia.
Claim of the University of Virginia Hospital in the amount~of
$1,0~.~8 was presented for hospitalization of indigent patients under S~
for the month of October, 1968, and on motion of Nr. Yancey, seconded by
Nr. Way, was unanimously approved for payment.
Report of the County Executive was submitted for the month of October,
1968, and was ordered filed.
The matter of delegating authority to the Board of Zoning Appeals in
approving conditional use permits was again brought up. Nr. Humphrey said
he would like for this matter to be carried over until after action on the
proposed amendment to the Zoning Ordinance with regard to mobile homes.
On motion of Nr. Wheeler, seconded by Nr. Way, this matter was deferred as
requested by Nr. Humphrey. On motion of Nr. Gibson, seconded by Nr.
Wheeler, the entire facet of the ordinance with relation to conditional
use was referred to the planning staff for review.
Communication was received from Nr. Ray B. Jones, Asst. Director of
Finance, recommending refund of $5.20 to Carolyn G. Tremain, tax paid on
automobile on which-Niss Tremain's father was assessed and likewise paid.
On motion of Nr. Wheeler, seconded by Nr. Way, this refund was approved.
The County Executive advised that it was necessary to increase the
County's escrow at this time when tax collections are heavy and also he
had received request for substitution of certain securities by Nationai
Bank. The following resolution was offered by Nr. Wheeler, seconded by Nr.
Way, and unanimously adopted:
WHEREAS, National Bank and Trust Company, Charlottesville,
Virginia, Depository, has requested the substitution of certain
securities held by State-Planters Bank of Commerce and Trusts,
Escrow Agent; and
WHEREAS, additional funds have also been placed on deposit
with National Bank and Trust Company which required the pledge
of securities to cover same;
NOW, TB~qEFOBE, BE IT P~ESOLVED by the Board of County Super-
visors of Albemarle County, Virginia, that this Board does hereby~
ratify the following substitutions and additions of securities:
Pledge: $ 500,000.00 U.S. Treas. Notes, ~-5~8%, due 5-15-70
500,000.00 U.S. Treas. Notes, 5-3/4%, due 11-15-74
Release: 1,000,000.00 TJ.S. Treas. Notes, 5-1/4%, due 11-15-68
Pledge: 25,000.00 Alb. Co. School Bonds, 3.20%, due 7-1-79
Release: 25,000.00 Alb. Co. School Bonds, 3.20%, due 7-1-75
Pledge: 1,000,000.00 U.S. Treas. Bonds, 4%, due 2-1~-72
540,000.00 U.S. Treas. Notes, ~-~/8%, due 8-1 5-74
BE IT F~RT~R tLESOLVED that copies of this resolution be for-
warded to National Bank and Trust Company and to State-Planters
Bank of Commerce and T~nzts.
On recommendation of the County Attorney, the following resolution was
offered by Nr. Wood, seconded by Nr. Yancey, and unanimously adopted:
~REAS, the City of Charlottesville has agreed to institute
and conduct condemnation proceedings as may be required to acquire
the lands of the late Niss Jo Wright for joint use by the City and
this County as part of their proposed joint jail; and
~S, said City has purchased for $32~.00 cash a small
strip of land which is also to be used for that purpose;
NOW, THEREFOBE, ~E IT RESOLVED that this Board will participate
equally with the City in both of the above acquisitions and will pay
one-half of all costs and expenditures incurred in connection there-
with, and the County Attorney is hereby directed to cooperate with the
City Attorney and assist him if called upon.
Also, the County Executive advised that the City is negotiating for the
purchase of another tract in this area from Ni~hael and Dent for the price
of $17,320.00. On motion of Nr. Wood, seconded by Nr. Yancey, purchase of
this tract of land was given approval and the following resolution unani-
mously adopted, rules with regard to second reading being suspended:
BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that $8,660.00 be and the same
is hereby appropriated aS the County's share of purchase
price of lan& for the Joint Jail to be acquired from
Nichael and Dent.
On motion of Nr. Gibson, seconded by Nr. Wood, unanimously carried,
the cancellation of certain checks was approved as follows:
Date Ck.No. P~yee
10-17-68 10433 Staunton Coca-Cola $ 43.69
Bottling Works]~ Inc.
Amount Reason for Cancellation
11-6-68 10511 Treasurer of Virginia !43.84
Corrected statement re-
ceived after ck. iSsued
This amount had to be
issued to three separate
State accounts.
The County Executive advised the Board that pursuant to the report
which ~cNair aud Associates had prepared , which was previously distributed
to the Board, that this report should be r~ferred to the Planning Commi ssion
for incorporation as part of the ~aster Plan, and that this part of the
~iaster Plan should become effective immediately upon recommendation by the
Planning Commission and adoption by the Board of Supervisors. It was pointed
out that this report takes care of the water needs of the northwest quad-
tangle of the County which was considered to be the future urban part of
this area of the County. On motion of Nr. Wood, seconded by Nr. Gibson, it
was moved that recommendation of the County Executive be accepted and that
the Planning Commission be ordered to hold a public hearing for recommenda-
tions on the ~cNair report to become a part of Albemarle County's ~aster
Plan for referral back to the Board of Supervisors for final action as soon
as possible.
Report was received from the S.P.C.A. showing tota~l cost to the County
of $102.70 for the month of October.
Communication was received from the School Board requesting this Board
to appoint two of its members to work with them in trying to plan a suitable
school building program for the County. Nr. Garnett appointed Nr. Wheeler
and Nr. Way to serve on this committee.
On recommendation of the County Attorney, the following resolution was
offered by Nr. Wheeler, seconded by Nr. Way, and unanimously adopted:
WHEREAS, this Board had previously authorized purchase
on its behalf of the water and sewer system owned by Common-
wealth Utilities, Incorporated, at a price of $175,000.00; and
WHEREAS, it was impossible to negotiate that purchase at
that price; and
WNEREAS, at an informal meeting of this Board the County
Executive and County Attorney were directed to attempt to
negotiate the purchase of said property from Commonwealth
Utilities, Incorporated, at a higher price, and pursuant to
said authorization, the County Attorney re-opened negotiations
with officials from Commonwealth Utilities,?~ Incorporated and
was successful '~n securing acceptance by tho s~ officials of an
offer to purchase said property at a price of $180,000.00.
NOW, TBERE~, BE IT BESOLVED that this Board hereby
approve~ the purchase of the real estate and other tangible
property of Commonwealth Utilities, Incorporated., at a price
of $180,000.00 in cash pursuant to an agreement dated Novembe~
19, 1968, a copy of which is attached to the minutes Of this meeting--~
and the County Executive and County Attorney are hereby directed
to take all steps that may be necessary or advisable to con-
summate that sale according to the provisions of said agreement
and all actions previously taken by the County Executive and County
Attorney in connection with said purchase are hereby ratified.
BE IT FURTHER RESOLVED that the Albemarle County Service
Authority be and it hereby is requested to serve as agent for
this Board to operate the water and sewer systems purchased from
Commonwealth Utilities, Incorporated, beginning December 1, 1968.
At 1:30 p.m. the Chairman called for public hearings on applications
for conditional use permits as advertised in the Daily Progress on
November 1, 8 and 1~, 1968, as follows:
(1) Application of _Holmes~. Payne-for conditional use pe~umit to locate
mobile home on ~o$~ 2~..~4,~o~a~d~c~s Subdivision. (Carried over
~om October meeting~~)
Mr. Humphrey advised that he has still been unable to conta~:t Mr.
Payne since the Board's September meeting. This matter was given con-
siderable discussion after which motion was made by Mr. Gibson, seconded
by Mr. ~ce~, to consider the application withdrawn.
(2) Application of ttobert Walker to locate a radio tower and antennae
on property located north of Interstate 6~ at Route 250 near Shadwell.
Mr. Walker appeared in support of his application, no one appeared in
opposition. The staff and Planning Commission approved this application
subject to the following conditions as outlined by Mr. Humphrey:
1. Plan of construction being filed in the office of the secretary
of the Planning Commission.
2. Traps be provided in connection with the antennae to eliminate
possible TV interference in the operation of the antennae.
THIS AGREEMENT OF SALE made this i9th day of November,
by and between COMMONWEALTH UTILITIES, INCORPORATED, a Virginia
public service corporation, hereinafter called the, Seller, and THE BOARD O
SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, hereinafter-called the
Buyer, _
WITNESSETH:
That for and in consideration of One Thousand Dollars ($I, 000.00)
cash in hand paid by the Buyer to the Seller, and of the other payments and
mutual covenants hereinafter described and set forth, the Seller hereby agrees
to sell to the Buyer, and the Buyer hereby agrees to purchase all of the real
estate situated in Albemarle County, Virginia, owned by the Seller and all of
the Seller's tangible personal property in said County employed and used, or
held for use, by the Seller in its operations as a public Service company
providing water supply and sewerage Service within the Berkeley Community
subdivision and surrounding territory in said County. The property covered
by this agreement shall include, but shall not be limited to, well lots, wells,
water filtering, purification and pumping equipment, easements for pipe lines,
meters, sewage treatment equipment, water pipes, sewer pipes, replacements
parts, pipe, all other tangible property owned by the Seller, and all rights
and privileges owned or reserved to .the Seller as a public service corporation
under the laws of Virginia and the rules and regulations of the Virginia State
Corporation Commis sion, including certificates of convefiience and {~eces sity
to serve specified areas in said County.
The sale price payable to the Seller bythe Buyer at.settlement under
this contract shall be $180, 000. 00 of which $1, 000. 00 has been paid and the ~
:'!;: ', ' ...: _.i ' : ':" ..' '
.::t :'-~' :" i-:: .-: :', :_ :.'
3
On motion of Nr. Wheeler, seconded by Er. Way, Er. Walker's application was
approved with the same conditions set forth by the Planning Commission.
423
remainder of which will be paid in cash at the time of settlement as herein-
after set forth.
At settlement, the Seller will deliver to the Buyer the following docu-
ments:
1. A release and quitclaim deed suitable for recording, executed
and delivered by the duly authorized officials of the Roman Catholic Diocese
of Richmond, Virginia, releasing and conveying to Commonwealth Utilities,
Inc., all of the right, title and interest of said authorities in and to the property
of the Seller and terminating all rights and privileges of said authorities to
claim and receive water or sewerage services free of charge or at any prefer-
ential reduced charge from the Seller or its successors.
2. Good and sufficient deed or deeds conveying to the Buyer mer-
chantable title to all real property owned by the Seller in Albemarle COunty,
Virginia, including easements and rights of way for distribution of water and
collection of sewage, with general warranty of title and the usual statutory
covenants of title.
3. Good and sufficient bill or bills of sale with detailed inventory
lists attached assigning to the Buyer all of the machinery equipment, materials ~ -i
and other tangible personal property owned by the Seller and used or held for
use by it in connection with its operation of its water and sewerage systems
with warranties of title.
4. Assignments and transfers of all franchises, certificates of con,
venience and necessit~y, licenses, and similar rights and privileges'attendant
thereon owned or held by the Seller by virtue of authority granted, to it by the
law of Virginia and orders of the State Corporation Commission, insofar as ·
the same shall b3~ assignable by the Seller.
On motion of Nr. Wheeler, seconded by Mr. Way, Mr. Walker's application was
approved with the same conditions set forth by the Plarming Oommission.
5. Assignments of all contracts to supply water and sewerage
services to its customers and of all revenues resulting from said contracts
from and after December, 1968.
6. A list of all contracts with customers in force as of November
30, 1968, and a schedule of rates a~pplicable thereto for charges for Services
provided.
7. Any and all maps and specifications which show the locations of
wells, pipe lines, meters, connection points, etc. for the water and sewerage
systems established by the Seller.
8. Any and all architectural and engineering drawings, plans and
specifications relating to the construction and maintenance of said water and
sewerage systems.
And the Buyer hereby covenants and agrees that, after this sale has
been consummated, it will:
1. Continue to operate said waterand sewerage system, assuming
ail the Seller's obligations to provide service to all customers of said system
in a manner equal or better than the service previously provided by the Seller
at rates and charges equal to the rates' and charges previously set by the
Seller or at rates and charges equal to those set by the Buyer or the Albemarle
County Service Authority for customers of the other systems owned and
operated by the Buyer or by said Authority. Such rates and charges may be
increased by the Buyer or said Authority only in the manner provided by the
laws of Virginia applicable thereto.
2. Indemnify the Seller and hold it harmless from any claims of its
customers for damage or loss resulting from actions of the Buyer or its agents
in the operation of said systems occurring on or after December 1, 1968.
On motion of ~r. Wheeler, seconded by ~r. Way, Mr. Walker's application was
approved ~rith the same conditions set forth by the Planning Commission.
Settlement under this agreement will take place November 30, '1968,
at the office of the County Executive of Albemarle County in Charlottesville,
Virginia, or at such other place as the parties may agree upon.
At settlement, if the Seller delivers to the Buyer the documents
specified herein, the Buyer will pay to the Seller or. its agent or attorney the -
_sum of $179,000. O0 in cash, the remainder of the purchase price.
The obligation of the Buyer shall, however, be subject to examination
of title to all real estat~ conveyed, by the Buyer's attorney, and to verification
of inventories of personal property by the Buyer's .agents, such examination
and verification to be completed before closing/November 30, 1968, and
should such examination reveal a material title defect, or should such inven- ·
tories not be produced and vertified to the Buyer's satisfaction, the Buyer may
declare the Seller' in default hereunder. If such default is not corrected within
a reasonable time after notice to the Seller, this agreement may, at the election,
of. the Buyer, be declared void in which event the ,Seller will refund to the Buyer
all sums previously paid pursuant hereto.
The Seller and the Buyer further hereby covenant and agree that they
will join in seeking approval of the State Corporation Commis s ion of Virginia
for this sale, and that, this contract is conditional upon such approval.
Settlement hereunder will not be made until and unless such approval is ~._~.i
granted by official order of said Commission, and if such approval Cannot be
obtained within ~ reasonable time, this agreement will be void and all sums
paid by the Buyer will be refunded.
The Seller further covenants that it will, from the proceeds of this
sale, promptly pay all lien debts uponthe property to be conveyed and will
also pay all of its current accounts and outstanding obligations in the manner
directed by Honorable Philip H. Hickson,
Referee in Bankruptcy for the U..S.-
7
On motion of Nr. Wheeler, seconded by Nr. Way,
approved with the same conditions set forth by
Nr. Walker's application was
the Planning Oommission.
F
District Court for the Western District of Virginia in his order of November
15, .1968, in Bankruptcy Proceeding No. 707, re Sterling R. Decker et al.
All tolls and other receipts for water and sewerage service furnished
on or before November $0, 1968, shall be the property of the Seller and all
charges for wages, electric service, chemicals and supplies earned or paid
on or before November $0, 1968, shall be the obligation of the Seller. All
tolls and other receipts for water and sewerage service furnished on or after
December 1, 1968, shall be the property of the Buyer, and all charges for
wages', electric service, chemicals and supplies purchased on or after
December I, 1968, shall be the obligation of the Buyer.
All customers' deposits held by the Seller will be turned over to the ~_.
Buyer with a list thereof verified by affidavit showing the names and address
of each customer and the amount of his deposit. The Buyer will thereafter
indemnify the Seller and hold it harmless from· any claims by such customers
for refund of such deposits.
Purchaser agrees to honor the Seller's right of disconnecting service
for nonpayment of service charges incurred before December I, 1968, or to
indemnify Seller against loss for such nonpayment.
WITNESS the following signatures and seals:
(SEAL)
Attest:
~ecretary
THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA
COMMONWEALTH UTILITIES, INC.
President ....
By:
County Executive
x~o
On motion of Mr. Wheeter~ seconded by Mr. Way, Mr. Walker's application was
approved with the same conditions set forth by the Planning Commission.
(3) Application of Roie ~. Godsey to locate a stable for light horses and
ponies on property located in Northfields Subdivision.
Nr. Godsey appeared in support of his application, no one appeared in
opposition. Er. Humphrey advised that the staff and Planning Commission
approved this application ~subject to continued compliance with the re-
quirements of the Health Department. On motion of ~. Wood, seconded by
Er. Yancey, Er. Godsey's application was approved on the same condition as
set forth by the Planning Commission.
(4) Application of Catherine Wood Herrschaft to locate a mobile home on
one acre on-Route 789 (Buck ~ountain Road).
Er. Herbert Pickford, Attorney, appeared for Ers. Herrschaft. No one
appeared in opposition. Kr. Humphrey advised that the Planning Commission
approved this application subject to existing trees remaining for screening.
On motion of Er. Gibson, seconded by Er. Tancey, this application was ap-
proved subject to the same condition set by the Planning Commission.
(~) Application of Robert W. Lumpp to locate a mobile home on 18~ acres on
Stony ~oint Road (Route 20 North), one mile north of Proffit Road.
Er. Humphrey advised that Er. Lumpp was at the meeting earlier but had Wo
leave. No one appeared in opposition. Er. Humphrey stated that this appli-
cation was approved by the Planning Commission subject to being placed so as
not to be visible from Route 20, utilizing existing tree cover. On motion
of Er. Yancey, seconded by Er. Wood, this application was approved, subject
to the same conditions set forth by the Planning Commission.
Ers. ¥irginia S. ~arks, Welfare Superintendent, appeared and explained
the Food Stamp Program, giving benefits, estimated costs, personnel required,
etc. Communication was also received from Nfs. Harriett Duncan supporting
such a program. Recommendation of approval was received from the Welfare
Board for a period of one year to be evaluated at the end of that time. On
motion of N~. ~gheeler, seconded by Er. Yancey, the following resolution was
unanimously adopted:
~KEEEAS, the Albemarle County Welfare Board has recommended
to this Board that application be made to the State Department of
Welfare and Institutions for authorization to participate in the
Food Stamp Program;
NOW, THEREFORE, BE IT BESOLVE~ by the Board of County Super-
visors of Albemarle County, Virginia, that the recommendation of
the Welfare Board be and is hereby approved.
HE IT FURTHER RESOLVED that this plan be reviewed and evaluated
at the end of one year's operation in order to deter~z[ne whether it
has served the purpose for which it was intended.
Nr. Gibson reported that according to law it is necessary to make
recommendations with respect to any change in operation of the Community
Action Agency for the year begir~uing Larch I st by December 1 st and that
if changes are desired a public hearing would be necessary. There was
some question as to the amount of time required for public notice of such
a hearing and the County Attorney was requested to investigate this matter.
The following Court Order was received from Judge Waddell:
"The commiasioners of 'the election held November ~, 1968
pursuant to section 4-98.12 on the question whether mixed alcoholic
beverages may be sold in Albemarle County by restaurants
licensed under Chapter 1.1 of Title 4 of the Code of
Virginia having certified to the court that the majority of
votes cast were for such sale, it is hereby ordered and
proclaimed that at said election the majority of votes
cas~ on the said question were for the sale of mixed alco-
holic beverages by restaurants so licensed.
A copy of this order shall be transmitted to the Alcoholic
Beverage Control Board and to the Board of Supervisors of
Albemarle County."
On recommendation of the County Planner, the following resolution was
offered by Nr. Way, seconded by Nr. Gibson, and unanimously adopted:
BE IT BESOLVED, that the Albemarle County Board of
Supervisors is desirous in effecting sound land use planning
in all areas of the County; and
WHEREAS, Albemarle County has made application for a
planning program under Public Law 701 for the physical and
social development of the County; and
~gF~EAS, the County Board of Supervisors is in need of
related studies to effectively carry out this program once
adopted, such as information on the exten~ and frequency of
flooding along the County's major streams; do hereby instruct
the Planning Commission to initiate an application for a
Flood Plain Information Study, to be accomplished with the
cooperation of the U.S. Corp of Engineers; and
BE IT F~RTi~ER BESOLVED, that the Board of Supervisors
shall cooperate in providing all available assistance in the
accomplishment of this endeavor to the extent of the following:
A. Furnish any available information and data to the
Corps of Engineers.
B. Publicize the results of the study and make copies
of the report available to the public.
Provide flood plain information to zoning and other
regulatory, develop~nt and planning agencies in
addition to public information media for their
guidance and appropriate action.
Assure the preservation and safeguarding of survey
markers, monuments, etc., established in any Federal
surveys undertaken for Section 206 studies, or in
regular surveys in the area concerned.
Communication was received from the Virginia Association of Surveyors
recommending that Plat Books be used in the Clerk's Office. Nr. D. B.
Narshall, reporting for the Bar Association, stated that most attorneys
would prefer to have plats recorded in Deed Books along with the deed in-
volved, and they felt there was no need for a plat book. This matter
was discussed and it was decided that a committee consisting of attorneys,
surveyors and the Clerk meet to work this out.
The matter of proposed airport additions was b~ought up. After
lengthy discussion, at which time availability of local matching funds was
discussed and the need for the entire project considered, motion was made
by Er. Gibson, seconded by Er. Wheeler, that in light of amount of money
now and in the next fiscal year available to Albemarle County, that the
County Executive be authorized to make application to the Federal Aviation
Agency for the project of the extension of the operation apron and of the
enlargement of the tie down apron and that the amount of i0nds applied for
hereby Authorized is up to $200,000.00. Nr. Wood cast the only vote against
this motion.
Nr. Leslie Walton, in a communication addressed to the Chairman, sug-
gested a trip to Chesapeake to view one of the new vocational centers. The
County Executive suggested that arrangements might be made on such a trip to
discuss with officials in Chesapeake the pros and cons of merger. On motion
of Er. Way, seconded by Er. Wheeler, Nr. Walton's invitation was accepted
and the County Executive was requested to make arrangements with Nr. Walton
for December 9th or 10th.
Claims against the County amounting to $850,442.19 were presented,
examined, and allowed, and certified to the Director of Finance for payment
and charged against the following funds:
General Revenue Fund
General Operating Fund
School Operating Fund
Capital 0utaly Fund
Virginia Public Assistance Fund
Textbook Fund
Dog Tax Fund
County Water System Fund
Town of Scottsville 1% Local Sales Tax
Commonwealth of Va. Current Credit Acct.
Total
On motion, the meeting was adjourned.
$ 63.31
28, o9o. 58
3o,470.57
747.42
1,290.9~
66.33
o, 883.38