Loading...
1969-01-16 A regular meeting of ~lie Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 16th day of January, 1969. Present: ~essrs. E. N. Garnett, Joseph E. Gibson, Peter T. Way, Gordon L. Wheeler, Lloyd F. Wood, Jr., and R. A. Yancey. Abse~ut: None. Officers present: County Executive and County Attorney. The meeting opened with the Lord's Prayer led by Mr. Garnett. On motion of Mr. Way, seconded by Mr. Yancey, minutes of the mee.ting of December t 9, 1968, were approved as submitted. Communication was received from Dr. Charles Hurt advising that i_u his letter of November 1~, 1967, he failed to list Bennington Road, Canterbury Hills Subdivision, in his request for roads to be accepted into th~ Secondary System. Nr. Warner, Highway Engineer, advised that the resolution adopted by this Bom~d December 21, 1967, in response tO~the aforementioned letter was being held by his office since Lancaster Court served only two houses and cording to adopted policy, three houses must be served. ~he County Executive advised that he felt this should not be considered a separate road in that it served as a turn-around for the people living on Bennington Road and should be considered as a continuation of said road. Mr. Warner advised that he would be glad to see if the regulations could be waived in this instance. After discussion of the matter, the following resolution was offered by Mr. Wheeler, seconded by Nr. Gibson, and unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle Cotuuty, Virginia, that the Virginia Department of Highways be and is hereby requested to accept into the Secondary System of Highways the following roads located in Canterbury Hills S~hiivision, Albe- marle County: Westminster Road from Barracks Road to intersection with Bennington Road, length approximately 62~ feet. Chaucer Road from Barracks Road to its intersection with Bennington Road, length approximately ~0 feet. Surrey Road from Barracks Road to its intersection with Bennington Road, length 430 feet. Lancaster Court from Bennington Road to cul-de-sac, length approxi- mately 225 feet. Bennington Road from its i~tersection with Barracks Road to inter- section with Westminster Road, length approximately 1~50 feet. (Note is made that the above roads, with the exception of Bennin~gton Road, were included in resolution of this Board adopted 1 2-21-67. Bennington Road was not included in request of developer through oversight and was added by letter dated 1-14-69.) 430, BE IT FII~T~ RESOLVED Shat the Virginia Department of High- ways be and is~hereby guaranteed a SO-ft. unobstructed right-of-way along these requested additions, along with drainage easements, the same having been recorded by plats in the Office of the Clerk of the Circuit Court in Deed Book 388,~ page ~76; Deed Book 392, page 374; and Deed Book 393, page 29~. Communication was also received from Dr. Hurt requesting inclusion into the Secondary System certain roads in Carrsbrook, Westmoreland and North~ fields Subdivisions. Since there was some question as to whether or not all of these roads had been completed to State standards, the following reso- lution was offered by Nr. Wheeler, seconded by Er. _Yancey, and unanimously adopted: BE IT RESOLVED ~y the Board of County Supervisors of~,~lbemarle County, Virginia, tha~ the Virginia ~epartment of Highways be and is hereby requested to accept into the Secondary System of Highways the following roads located in Albemarle County, subject to final inspection and approval of said Highway Department: CABl~ ~00K SUBDIVISION: Powhatan Circle - length 460 feet. Shawnee Court - length 240 feet. WESTNORELAND SUBDIVI SION: Carrsbrook Drive from its intersection with Northfield Road to Carrsbrook Subdivision - length 1890 feet. Carrsbrook Court from its intersection with Carrsbrook Drive to cul-de-sac, length 620 feet. W~stmoreland Road from its intersection with Carrsbrook Drive past intersection with Berwick Court, length 1210 feet. Westmoreland Court from its intersection with Carrsbrook Court to cul-de-sac, length 1460 feet. NoD~tingham Road from intersection with Westmoreland Road past Berwick Court, length 1180 feet. Berwick Court from intersection with Nottingham Road to cul- de-sac, length 1400 feet. Berwick Circle from Berwick Court to cul-de-sac, ~ength 190 feet. NOBTHFIELDS S~BDIVI SION: Northfields l~oad from intersection with Bio Road to Northfield Circle, length 7720 feet. Northfield Circle from intersection with Northfi~ld Road to cul-de-sac, length 320 feet. l~ollinghill Road from intersection with Hungtington l~oad to intersection with Northfield l~oad, length 638 feet. Delwood l~oad from intersection wi~h Huntington l~oad to int~r- section with Northfields Road, length 1021 feet. Huntington Road from intersection with Rio Road to inter- section with Delwood Road, length ~271 2 feet. BE IT FURTHER RESOLVED that the Virginia Department of Highways be and is here~y guaranteed a ~0-ft. unobstrncted right- of-way along these requested additions, along with drainage easements, the same having ~een recOrded by plats in the Office of the Clerk of the Circuit Court as follows: CARRSI~00K: Deed Book 384, page 27 ~ESTMORELAND: Deed Book 402, page 91 Deed Book 414, page 29 Deed Book 419, page26 Deed~Book 423, page 19 NORTH~ELDS: Deed Book 352, pages 235, 237, 239 Deed Book3 3~!, page Deed Book _3 , sage 4 7 Deed Book ~age 255 Deed Book 36~' , page 432 Nr. Wheeler inquired of Nr. Warner as to the progress on the Broadus Wood School entrance. Nr. Warner advised that the rights-of-way have been obtained and forwarded to Richmond for recordation. Work on this project will be started as soon as rights-of-way are recorded. Nr. Garnett asked Nr. Warner to meet with Nr. Sandridge and any other interested residents on the McCauley Road in Crozet. Nr. Warner advised that he would be glad to meet with them at 3:00 p.m. on Wednesday (Jan. 22~. Statements of expenses of the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney were submitted for the month of December, 1968. On motion of Nr. Yancey, seconded by Nr. Wheeler, these statements were unanimously approved. Statement of expenses incurred in the maintenance of the County Jail was submitted for the month of December, 1968, along with sun,nary statement of prisoner days. On motion of Nr. Way, seconded by Nr. Wheeler, unanimously carried, these statements were approved. The County Executive recommended that the contracts for care of prison- ers from Fluvanna County, Greene County, and Nadison County be increased on the basis of increased operating costs of the jail. He recommended that the base charge remain at $70.00 per month and that the per diem charged.be in- creased from $1.00 to $2.00, effective March 1, 1969. On motion of Nr. Yancey, seconded by lit. Wheeler, unanimously carried, the County Executive was authorized to negotiate with Fluvanna, Greene and Madison Counties for new contracts based on the amounts recommended by him. Reports of the Department of Public Welfare were submitted for the month of December, 1968, in accordance with Sections 6B-67.1 and 63-67.2 of the Code of Virginia. S.L.H. report for the month of December was received from Dr. S. D. Sturkie and was ordered filed. Claim of the University of Virginia Hospital in the amount of was submitted for hospitalization of indigent patients under ELH for the month of December, 1968, and on motion of ~r. Gibson, seconded by Er. 'Wheeler, this statement was unanimously approved for payment. Nr. Batchelor submitted that part of his report relating to tax col- lections. He advised that due to breakdown of our bookkeeping machine and renovations under way in the bookkeeping office, his report for December had not been completed and would be mailed out at a later date. The Chairman recognized and welcomed members of Ers. Haynie' e 9th Grade History Class of Vocational .Rehab Unit of Henley Jr. High who were in attendance for a portion of today's meeting. Communication was receive~from the Auditor of Public Accounts advising that the audit report of the County of Albemarle for the fiscal year ended June 30, 1968, as prepared by Hantzmon, Wiebel and Company, had been re- ceived by that office and accepted as being in accordance with State speci- fications. Said audit, which was mailed to the Board prior to this meeting, was accepted for review on motion of Er. Wheeler, seconded by Erl Gibson, and uns~imously adopted. Communication was also received from the Auditor of Public Accounts advising that due to increased collections by the Director of Finance, the amount of T. ~. Batchelor's bond was deficient for the year under review in the amount $13~,445.01 .- On motion of Er. Yancey, seconded ~by Er. Wood, the Director of Finance was authorized and directed to increase his bond by the amount specified by the Auditor of Public Accounts. Communication was received from Er. Kenneth 0. Lee, Chairman of the Library Board, requesting the County and City to establish a site selection committee that would make recommendations for the site of a new main library and at least two library branches, one to be established at or near Cherry and Cleveland Avenues and one near Bio Road and Route 29, and possibly one to be established at a later date in Crozet. Nr. Lee stated that the Library Board asked that such committee be composed of representatives Ik~om each of the governing bodies and from the Library Board, and that the Library Director be an advisory member of the committee. The Chairman stated that he would consult with the Nayor on ~e formulation of such a committee from the two groups. Communication was received from the ~onticello National B~uk advising that collateral had been deposited with State-Planters B~nk of Commerce and 433 Trusts to secure fuuds recently deposit, ed by the County of Albemarle. The following resolution was offered by Nr. Gibson, seconded by ~Nr. Wood, and unanimously adopted: ~S, Monticello National Bank, Charlottesville, Virginia, Depository, has deppsited certain collateral with State-Planters Bank of Commerce and Trusts, E~Scrow Agent, to cover funds recently deposited by the County of Albemarle, in accordance with Escrow Agreement by and between the Nonticello National Bank, State-Planters Bank of Commerce and Trusts, T. E. Batchelor, Jr., Director of Finance of Albemarle County, and the Board of Supervisors of Albemarle County-, NOW, THEREFORE, BE IT I~ESOLVED by ~he Board of County Super- visors of Albemarle County, Virginia, that-the deposit of such collateral be and the same is hereby ratified as follows: $100,000.00 Treasury Notes, 5-3/4%, due 2-15-75. $100,000.00 Treasury Bonds, 4%, due 8-15-70. BE IT ~THER BESOLVED that copy 'of this resolution be for- warded to Monticello National Bank and to State-Planters Bank of Commerce and Trusts. In accordance with Law, ~he following Court Order was submitted to this Board: APPOINTNENT OF JUDGE OF THE EIGHTH REGIONAL JUVENILE AND DONESTIC RELATIONS C0~RT 0t~DER The Eighth Regional Juvenile and Domestic Relations Court ~ving been established for the City of Charlottesville and the Counties of ~adison, Greene, Albemarle and Fluvanna and it being necessary and p~oper to appoint a judge of said Couut, it is hereby ordered that Ralph P. Zehler, Jr., a person licensed to practice law in this State and a resident of the area to be served by the Eighth Regional Juvenile and Domestic Relations Court, be and he hereby is appointed Judge of the Eighth Regional Juvenile and Domestic Relations Court to serve on a full-time basis except for his duties as Judge of the County Court of Fluvanna County, which position he shall continue to hold, for a term of four years commending on February 1., 1969. Before assuming the duties of said office Ralph P. Zehler, Jr. shall qualify before the Clerk of the Corporation Court of the City of Charlottesville, Virginia, and enter into bond, with corporate surety in the penalty of $4,000.00, conditioned according to law, with a copy of said bond to be filed in the Clerk's Offices of the Circuit Courts of the Counties of Madison, Greene, Albemarle and Ftuvanna. It is further ordered that a copy of this order be forwarded to the governing bodies of the respective counties and city above mentioned, to the Department of Public Welfare and Institutions©of the Commonwealth of ¥irginia and to the Committee established under Section 14.1-40 of the Code of¥irginia, such copies to be certified and forwarded by the Clerk of the Corporation Court of the City of Charlottesville. It is further ordered that this order be entered in the Law Order Books of the Clerk's 0ffimCeS of the Corporation Court of the City of Charlottesville and the Circuit Courts of Nadison, Greene, Albemarle and Fluvanna Counties. Enter this 1?th day of December,. 1.9.68. (Signed) Judge Lyttelton Waddell Judge George N. Coles Claim against the Dog Tax Fund was received from Harry D. Campbell for one ewe, one buck and two lambs killed by dogs. On motion of Nr. Gibson, seconded by Nr. Yancey, Nr. Campbell was allowed $16.00 for the buck, $~.00 for the ewe and $!0.00 for each lamb. Claim against the Dog Tax Fund was received from J. V. Webster for five female goats and seven kids kille~ by dogs. On motion of Nr. Yanoey, seconded by Nr. Wood, Nr. Webster was allowed $10.00 each for the female goats and $3.00 each for the kids. The following resolution, adopted bythe School Board on January 13th, wa s .submitted: "'Whereas, school enrollments in Albemarle County are increasing on an average of more than 300 pupils per year; an& WHereas, several elementary Schools are currently operating either at capacity or above, and Albema.~e High School is presently overcrowded; and 'Whereas, the Albemarle County School Board is anxious to meet the above needs and plan for others; Nowtherefore, the Albemarle County School Board requests ~f the Board of Supervisors permission to go forward with a program of school building expansion as follows: 1 ,, To immediately construct an addition at the Stone -l~ob~ son Elementary School consisting of nine new classrooms, a library, and an expansion of the cafetorium, to reduce elementary cromling at l~ose Hill and NcIntire Schools at an estimated cost of $32~,000.00. 2. To study the feasibility of doubling the senior high capacity at Albemarle High School; this will involve a new building and considerable renovation of thecurrent building, which will re- lieve the present crowded conditions and provide for future growth, at a cost of $3,000,000.00'. 3. To locate and purchase a site and develop plans for another elementary school, near Route 29, north of the City at an estiznated cost of $8~0,000.00. 4. To proceed with plans for a joint vocational center to be planned, built and operated in conjunction with the City of Char- lottesville at an estimated cost to the county of $340,000.00 (one proposed site has been the 23 acre tract presently owned by the Albemarle .County School Board across from Albemarle High School). ~. To replace the present shop and parking facilities for buses with new facilities located on a new site at Albemarle High School at an estimated cost of~ $125,000.00.. 6.~' To proceed with plans for the construction of a new Education Administration Building to relieve the present unbearably trollied condition, to be erected on the Albemarle High School site~ which seems to be the hub of educational activity, at a cost of $100,000.00. 435 7. To proceed with plans For an additional Juuior High School to be completed shortly after the elementary and high school facilities at an estimated cost of $1,800,000.00. 8. To expand the shower and locker room facilities at Scotts- ville Junior High School to better accommodate the enrollment, at a cost of $15,000.00." The County Executive suggested that the Board approve item one in the re- quest and take the other items under advisement. Nr. Wheeler advised that he was one of the Board's representatives at meetings of the School Board to formulate this b~ilding program and concurred with Er. Batchelor's recommendation. On motion of Nr. Wheeler, seconded by Er. Wood, the recom- mendation of the County Executive was unanimously approved. At 10:00 A.M. the Chairman called for public hearing on proposed amendment to the Planning Commission Ordinance as advertised in the Daily Progress on January 2 and January 9, t969. No one from the public appeared in this regard. The County Executive read the amendment as advertised and on motion of Nr. Gibson, seconded by Nr. Yancey, Section I of the Planning Commission Ordinance (Sec. 2-4 of the Albemarle County Code), was amended to read as follows, the motion carrying unanimously: "Gompo sition; appointm~ent; terms. The plauning commission of the county shall be composed of ten members, one of whom shall be appointed by the Boar& of Supervisors from its own membership for a term of one year who shall serve in an advisory capacity, one of whom shall be the County Executive who shall also serve in an advisory capacity, and eight voting members who shall be appointed by the Board of Supervisors for a term of four years. Each magisterial district shall be represented when practicable." The Chairman called for public hearings on zoning requests as adver- tised in the Daily Progress on December 10, 1968, and January ~ and 10, 1969, as follows:, (1) Request of H. H. Tiffany to rezone 7.5 acres from Agricultural A-1 to Residential R-1 to develop less than two acre lots, location on Route 691 in the Greenwomd area. ~. Tiffany appeared in support of his application and presented layout of his proposed subdivision. Nr. Cockerille appeared also on behalf of the request advising that he had encountered difficulty in selling two-acre lots as many working people did not care to have that much acreage to care for. Nr. Forbes Riback, Attorney, appeared on behalf of the opposition, as did Er. Paul Delaney, ~rs. Thompson, Nfs. Paddock, Er. James W. Nartin, and others who did not speak before the meeting. Nr. Walter Young expressed :36 .......... an interest in the Greenwood Community Center, stating that he felt the subdivision would help the centering: Mr. Wheeler stated that the proposed subdivision appeared to be compatible with the surrounding area amd Mr. Humphrey advised that this could not Be considered spot zoning in view of land use already there. Mr, Humphrey also advised that the Planning Commission gave unanimous approval to the reqUest but did point out that no one appeared in opposition. Some of those present today stated that they were not aware of the hearing since the Daily Progress is not home delivered in that area. After lengthy discussion, motion was offered by Mr. Wheeler, seconded by Mr. ~ood, and unan_i__mously, adopted, approving the request of Mr. Tiffany as recommended by the Plauning Commission. (2) Request of Carolyn D. Arbogast to rezone 4.93 acres on Rio Road near the Charlottesville corporate limits from Residential R-2 to Resi- dential R-3 to develop apartments. Mr. Humphrey advised that the staff ~ud the Planning Commission recommended denial of this request. Mr. Bernard Schwab appeared in snpport of the ap- plication. Mr. Henry Gordon, Attorney, appeared on behalf of 293 petitioners who opposed the location of apartments in the area. A number of citizens appeared and presented sketches and photographs of the location and' nearby residences~. Those Mo spoke in opposition included Dr. Robert Coner, Mr. Pond, Mr. Fruer, Mr. Dunn, Mrs. Fulton, Mr.. Charles Meadows and Mrs. Betty Phillips. After discussion, motion was offered by Mr. Wood, seconded by Mr. Gibson, and unanimously approved, accepting the recommendation of the Plan- ming Commission to deny Mrs. Arbogast's request. (3) Application of Carroll W. Eppar~ for conditional use permit to locate a mobile home on 4.82 acres on Route 729, south of Route ~3. No one appeared with regard to this application. Mr. Humphrey advised that the staff knd P~azlning Commission recommended approval of this request with no conditions. On motion of Mr. wheeler, seconded by Mr. Way, unanimously adopted, Mr. Eppar~s application was approved. (4) Application of Ronald G. Vanderveer for conditional use permit to locate a mobile home on 144.32 acres on Route 680 near White Hall. No one appeared with regard to this application'.' Mr. Humphrey advised that the staff and Planning Commission recommended approval with no conditions. On motion of Mr. Wheeler, seconded by Mr. Wood, this application was given unanimous approval. (5) Application of John M. Johnson to locate a mobile home on 21 acres approximately one mile from Route 2~0 on Route 689. No one appeared with regard to this application. Mr. Humphrey stated that the staff and Planning commission recommended approval of this application 4'37 ' with no conditions. On motion of Er. Yancey, seconded by Nr. Gibson, the application of Nr. Johnson was given unanimous approval.~ (6) Application of Robert N. Key for conditional use permit to locate a mobile home on five acres on Route 63g, 2.5 miles south of Route 2~0 west. No one appeared with regard to this application. Er. Humphrey advised that the staff and Planning Commission recommended approval with no. con- ditions. On motion of Erl ~ibson, seconded by Er. Way, unanimously adopted, approval was given to Er. Key's application. (7)~i.~Application of Lynwood Steppe and E. Walker for conditional use permit to locate mobile home on 7.0 acres on Route 810 north of Crozet. No one appeared with regard to this application. Er. Humphrey advised that the staff and Planning Corem1 ssion recommended approval with no con- ditions. On motion of Er. Wheeler, seconded by Er. Yancey, Nr. Steppe's and Er. Walker's application was unanimously approved. Communication was received from Er. Edward Scott, attorney, stating that there are two parcels of land near Crozet in the name of Andrew Keener. He further stated that both Nr. and Nfs. Keener are deceased and their only child, Melton Keener, was committed to Western State Hospital some years ago and said institution has requested that the property be sold in order that the proceeds may be applied to the costs of his care. Er. Scott requested Board authorization for Nr. George Gilmer to institute proceedings necessary for selling the subject property for delinquent 1967 and 1968 taxes. On motion of Er. Wheeler, seconded by Nr. Yancey, approval was given to Nr. Scott's r~uest and Nr. Gilnmr was authorized to proceed with advertisement and sale of said property. Er. Garnett advised that he had received resignation from Nfs. Sandra Jennette as Extension Agent, Home Economics, effective January 31, 1969. On motion of ~r. Wheeler, seconded by Er. Gibson, Ers. ~ennett's resigna- tion was accepted with regret. The County Executive advised that the respective associations of the cities and counties planned to employ legal counsel in the case pertaining to railroad assessments aud recommended that Albemarle County participate in their proportionate share of the amount which would be assumed for this service by the Virginia Association of Counties. On motion of Nr. Way, seconded by Nr. Wheeler, unanimously adopted, the Board agreed to partici- pate in the cost of counsel. The County Executive advised that he and the County Attorney had dis- cussed a proposed "liquor license or~ance" and Er. Marshall read to the Board such an ordinance which he had drafted as a result of this discussion. Nr. Wood expressed the opinion that no other merchants are taxe~ by the County at the present time and he did not feel there were enough"bsuch establishments in the County at this time to derive sufficient revenue to impose a tax. Some members expressed the o~pinion that they expected an increase of establishments offering liquor by the drin~ and the County Executive also stated that he and his staff are working on an drdinance which would include other merchants and businesses. After considerable discussion, Nr. Wheeler offered the ordinance as drafted for adoption, setting 1:50 p.m. on March 20, 1969, as time for public hearing on same. This motion was seconded by Nr, Way and adopted with Mr. Wood voting against the motion. The matter of sale of wine on Sundays was brought into the discussion and the County Attorney was requested to draft ordinance which would prohibit such sales except by licensed merchants authorized to sell[~.liquor by the drin~;, this ordinance to be considered at the same hearing as above mentioned. Communication was received from Mr. George C, Palmer, II, Chairman of the Chamber of Commerce City-County Merger Committee .and the Clerk was authorized and directed to acknowledge this communication. Claims against the County amounting to $7~9,843.04 were presented, examined, and allowed, and certified-to the Director of Finance for payment and charged against the following funds: General Revenue ~nnd $ 6,008.70 General Operating '~aud 58,393.63 School Operating Fund 466, 195.13 Virginia Public Assi stance Fund 28,860.08 Capital Outlay Fund 5,436.87 Dog Tax Fund I ,021.~0 County Water Systems 1,116.U0 Town of Scottsville 1% Local Sales Tax 73.~6 Commonwealth of Va. Current Credit Addount 192,735.~7 Total $ 759,843.04 On motion, the meeting was adjourned. Chairman