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1969-05-15 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 15th day of May, 1969. Present: Ee~srs. 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 ~r. Garnett. Minutes of the meetings of March 21, March 27 and April 17, 1969, were approved as submitted on motion of Nr. Gibson, seconded by Er. Yancey, and unanimously carried. Communication was received from the Department of Highways advising that in accordance with resolution of this Board adopted February 20, 1969, road beginning on Route 1202, 0.t2 mile east of Route 810, north, and extending eastwardly 0.06 mile to dead end, was accepted into the Secondary System, ef- fective April 23, 1969. Communication was received from the Department of Highways advising that in accordance with resolution adopted by this Board on September 19, 1968, Overlook Drive in Sherwood Farms Subdivision (beginning on Route 859, 187 feet south of Route 29 at northern boundary Of Southern Railway property, and extending southwardly 10~ feet to southern boundary of Southern Railroad property), was accepted into the SeCondary System, effective April 23, 1969. Communication was received from the Department of Highways enclosing 1969-70 tentative allocations for interstate and rural primary construction and advising of public hearing on same at 9:00 A.E. on June 20, 1969, in the Department of Highways auditorium, 1221 East Broad Street, Richmond~ Virginia. Comm~uuication was received from the Department of Highways advising that the Highway Commission allocated $90,000 from Industrial Access Funds to im- prove Route 640 to the entrance of the American Telephone ~ud Telegraph Co. Er. V~eeler stated that he would like a report on the roads in the Deerwood Subdivision and was advised by the County Executive that he would get this information for him as soon as possible. Er. Lloyd Wood question~ signs in subdivisions, "slow-ahildren playing", etc. and was told by the County Executive that all such signs are controlled by the Department of Highways. The County Executive advised that final reports on the Totier Creek pro- ject showed estimated cost at $429,000.00 on plans as presented and there was some question as to whether the raw water line should be installed now or later. He requested authorization to proceed immediately but to study raw water lines while proceeding with plans and specifications~ with any changes felt necessary to be brought back to the Board. Motion was offered by Mr. Way, seconded by ~r. Wood, and unmaimously adopted, authorizing the County Executive to proceed with the Totier Creek Project and to report back to the Board with regard to the raw water lines. Mr. Wheeler stated that he wants the Board to be kept:.'fully informed as this project moves along. It w~s also ordered that a copy of this action be forwarded to the Scot'tsville Town Council. Communication was received from Dr. Richard ~arks submitting his resig- nation as a member of the Planning Commission. Dr. ~arks explained that new duties at the University of 'Virginia Hospital will not permit him the time to be an effective member of the Commission. ~[r. Way stated that the Board has no choice but to accept Dr. Marks' resignation but he felt it to be a tre- mendous loss, and he felt that the Scottsville District should continue to have representation on the Planning Commission. On motion of Mr. Way, seconded by ~r. 'Wheeler, Dr. Marks' resignation was accepted with regret and the Clerk was directed to write a letter of appreciation to Dr. Marks for his service. This motion was unanimously adopted. Mr. Lloyd Wood nominated Mr. H. Edward Chapman as Charlottesville Dis- trict representative on the School Board, to replace Mr. M. Clifton MCClttre whose resignation was accepted at the regular April meeting. This nomination was seconded by Mr. Way and ~r. Chapman's appointment was unanimously approved. In response to inquiry made by Mr. Garnett, Mr. R. G. 'Warner, Highway Engineer, advised that he had not had an opportunity to go-over the C&0 matter on the grot~ud and his department could not make any repairs until this is taken into the Secondary System. Mr. ~farner agreed to meet with Mr. Garnett at this site to go over the matter. Mr. Yancey submitted petition from residents affected by the closing of the west end of Route ?9?, requesting a safe and convenient entrance and out- let to the west end of Yancey Mills. On motion of Mr. Yancey, seconded by Mr. Wood, and unanimously adopted~ this petition was ~eferred to the Department of Highways. Mr. Wheeler stated that some effort should be made on the road to Murray Man~acturing CorDoration. It was pointed out that this company is expanding and on this basis, Industrial Access Funds might be available; Accordingly, the following resolution was offered by Mr. Wheeler, seconded by Mr. Yancey, and unanimously adopted: WHEREAS, request has been made for improvements to road from Route 660 to Murray ~anufacturing Corporation; and WHEREAS, it is the opinion of this Board that the afore- mentioned request merits favorable consideration based on ex- pansion of the facilities of said corporation; NOW, THEREFORE, 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 allocate Industrial Access Funds for the immediate improvement of road beginning at Route 660 and continuing to the ~urray ~anufacturing Corporation near Earlyl.sville, Virginia. The following report was received from 1969 Road Viewers: "Board of Supervisors Albemarle County Charlottesville, Virginia Gentlemen: On April 30, 1969, we the undersigned Road Viewers, visited the following three roads for which applications were received for acceptance into the Secon- dary Road System. We were accompanied by R. G. Warner, Resident Highway~En- gineer, and Nr. Coats, his assistant. (2) (3) After viev~ng these roads, we wish to make the following recommendations: Charlottesville District - Road beginning at Route 859 in Sherwood. Farms Subdivision and ending at a circle, a short distance beyond last house (Mt. View Drive); length 0.50 mile. We cannot recommend tb~is road since it is a part of a subdivision and is recorded as such. This road has to be brought up to standards by the developer or other parties before being acceptable. ~nite Hall District - Road beginning at the end of Route 1204 (Park Road) and ending at Elmer Shifflett Estate at Park l~oad Trailer Court; length 0.33 mile. We recommend that this road be taken into the Secondary System from the end of Route 1204 to the Park Road Trailer Court but not to include the drive which circles through the trailer court; approxi- mately 0.30 mile. Rivanna District -Road connecting Route 777 with Route 641; length ap- proximately 1.0 mile. Due to the terrain, slope and excessive cost of construction, estimated at $60,000.00, we cannot recommend this project. There are no families living on this section of road being proposed. Respectfully submitted, 1969 ROADVIE~ERS (Bigned) Albert P. Austin Edward Chapman Alonza Jones W. L. l~ennolds" On motion of Nr. Yaucey,~ seconded by Nr. Wheeler, and unanimously adopted, the foregoing report was accepted and ordered referred to the Highway Department. The request of Oak Hill Corporation for acceptance of certain streets in Oak Hill Subdivision which was referred to the Highway Department for recom- mendation at the April meeting was again presented. Mr. Warner advised that he has still not received plans on Pinehurst Court. It was pointed out that the plans which were received with the original request of Oak Hill Corpora- tion were turned over to the County Engineer for delivery to the Highway De- partment but Mr. Warner advised that they had not been received. No action could be taken at this meeting. Copy of letter addressed to Congressman John 0. Marsh regarding blasting on Interstate 64 was received from Mr. Troy T. Rice of Buckingham Circle. The County Executive advised that this is a matter between the homeovmer, the con- tractor and the insurance company and that the Board of Supervisors and High- way Department have no authority in the matter. Mr. Yancey recommended that the State Highway Department try to settle this in order to preven~the land- owners from paying so much in attorneys fees. Petition signed by C. C. and S. H. Wood'was received requesting abandon- ment of a section of the Old Lynchburg Road. On motion of Nr. Gibson, seconded by ~. Way, unanimously adopted, this petition was referred to the Highway Department for recommendation. Communication was received from the Children' s Home Smciety of Virginia requesting financial assistance. The County Executive advised that this iS a good agency providing a needed service but is not unlike many other requests received for financial aid. After discussion, motion was offered by Nr. 'Wheeler, seconded by Mr. Gibson, and unanimously adopted, referring this re- quest ~tO the Welfare Board for recommendation. Resolution was received from the Citizens for Superior Albemarle Schools recommending that the educational budget for schools for 1969-70 be adopted as presented. The Chairman advised that public hearing on the budget was held on Nay 8th and it was now time to act upon the proposed budget. In accordance with Section 15.1-162 of the Virginia Code, motion was offered by Mr. Gibson, seconded by Mr. Wheeler, and unanimously carried, that the 1969-70 estimates be received and a synopsis spread in the minutes of this meeting for informa- tire purposes, as follows: REVENL~E E STINATE S: Amount to be raised by current levy .......... $3,248,000.00 Revenue other than from current levy ......... 2,101,003.00 Educational sources .................. 2,479,420.00 Textbooks ...................... 40,000 00 Cafeterias .............. 45,000 Pubii~ is~i~t~e' . 331 000 O0 Virginia ............. _ , . TOTAL GENERAL tLEVENUE FUND ................ ' $~ 24z~ 4-3~2, O0 3' 'om MCINTIRE TRUST FUND ............... ~ ~ ,500 · CROZET SANITARY DISTRiC~ ~U~D ' COUNTY OWNED WATER SYSTEES ................ 4-7,100..0_0 DOG TAX FUND ........... 1 ~. ~20.00 TOTAL iLEVENUE E - .T, 0 ........... $-8,31 6,340.50 493 PROPOSED EXPENDITUB_E $ GF~EP~EL REVE~EE FUND: RefundS,' X " ta es and auto tags__ . ........... Refunds, conditional use permits ........ Refunds, Special Welfare ~kmd Acc ........ Beaver Creek Sales Tax ..........-.--- 2,600.00 100.00 50.00 20 ·00 6,000.00 V.P.A. Recoveries ................... 2_, 500.00 TOT~kL GENERAL PJm~UE FUND ................ $ 11,270.00 O~ OPERATING FUND: Board of coUnty Supervisors ~iscellaueous Services ............... CoUnty Executive's OffiCe .............. Department of Finance ............ Collection of Delinquent ~d T~x~s ......... Board of Equalization and Assessment ......... Planning Department ................. Engineering Department ................ Recording of Documents ................ Circuit Court .................... CoUnty Court _.__. ........... Office of Com~o~w~a[t~' ~ Attorney .......... Juvenile Court .............. Policing and In~e~t~g~t~n~ PriSoners ........... ConFinement and Care o~ .......... ire Prevention and Extinct!on ............ Operation - Sanitary Landfill ~1 ........... Operation - Sanitary Landfill #2 ........... Lunacy Commissions .................. Public Health ..... Advancement of ~i~uit~ ~n~ ~o~e E~o~o~i~s' . . . . Elections ........... _. __ . Maintenance of Buildings ~n~ ~r~u~d~ ......... TOTAL GENERAL 0PERATIN~ ~WJNO . 26,8~0. O0 163,680.00 10,1 50.00 219,145.00 1 , 000. O0 6,200.00 44,200 00 11,600 [ 00 4-3,755.00 5,9 oo.oo 2,600. O0 19,555.00 2,300.00 84,545.00 7 o: oo 595.00 65o.oo 165:ooo.oo 26,650. O0 10,900.00 30,630·.00 .............. $1,0~1,610.00 EDUCATIONAL PIEqPO ~ S ................... $5,105,791.00 FEDERAL EDUCATION PROGRA~S ................ $ 320, ~.00.. ,00 VIRGINIA PUBLIC ASSIST~kNCE ................ $ 461 ~ 1.52.00 TEXTBOOKS ......................... .$ 40~000.00 CAFETERIAS CAPITAL OUTLAY: Watershed Projects ................. - Airport Improvement ~ ................. 000 O0 ........................ $ . 290,000.00 4,100.00 Joint JailO'l'e'e'L---o 1 g and .......... lOO,OOO.OO Community .......... 125,000.00 Purchase of Burley High School ............ 700~.000·00 TOTAL CAPITAL OUTLAY $1 ~2'19~ 100'.00 COUNTY WATW~ SYSTEMS ................... $ 47 , 100 · 00 CROZET 'SANITARY DISERICT FUND ............... _$ 5,79.7.50 DOG TAX FUR~ ....................... $ 15 520.00 EOINTIRE ~RUST ~ .................... $ 3,500.00 TOTAL EXPENDITI~qE ESTI~f~TES - Al.% PURPOSES ........ $8,316,340.50 Several members had comments to make with regard to the budget and the proposed levy of $5.60 required for said budget· Mr. Way stated he had hoped to have an opportunity to vote against the $12~,000.00 included for land ac- quisition for the commUnity college but he cannot go along with a deficit budget and feels the Board made every effort to locate in Scottsville and ap- preciates the support of the Board. He stated that he is convinced of the intent of the Board to purchase the Shofi~er site but does not feel the deed should be put in the name of the State until the Con~aunity College Board definitely assures this site and he will support no further appropriations. Nfl Way pointed out that the rate was increased from $4.80 to $~.20 last year and this year is proposed for an increase to $~.60 and he in good conscience cannot support such increase. He stated that he felt certain items could be taken out - he questioned appropriation for four physical education and two music teachers to serve all the elementary schools and also questioned all schools having principals on ~a 12-month basis v~th full time secretaries. Nr. Way stated that an.i..undue burden is being placed on small landowners. Nr. Wheeler stated that he is in sympathy with ~r. Way on a number of points but the Board has to face up to facts and he thinks the $~.60 is needed, mainly in the field of education. ~r. Gibson stated that the major portion of the budget is for personnel but we have to compete in order to acquire and retain qualified .employees. Nr. Wood stated that the CA0 request for $~,000, made and the budget hear- ing, was supported by a nmmber of people and he feels that this is one of the most worthwhile programs of the organization. He stated that he disagrees with the Federal government instituting programs and then cutting funds, there- by leaving the burden on the localities. ~. Wheeler stated that he supported this appropriation and would suggest that the funds be designated for the t~o child development centers located in the Co~u~ty. However, he did not feel th_is should be tied into this budget but should be given more study by the CA0 Board for an appropriation at a later time. It was ordered that this matter be placed on the June docket. Nr. Yancey stated that the Federal mud State taxe,s have continued to in- crease and the County had increased its rate every year in addition to levying numerous other forms of tax. He fe~ls many people will be unable to pay ~heir real estate taxes at the proposed rate. ~. Garnett stated that many adjustments have been made during the study of the budget and he feels we have come up v~lth a budget he cau stand behind and support. On motion of Nr. Gibson, seconded by Nr. Wheeler, and carried by the follo~wlng recorded vote - AYES: Eessrs. Garnett, Gibson, Wheeler and Wood. NAYS: ~essrs. Way and Yancey. ......... the Board' proceeded to lay the County Levy for the year 1969 for General County Purposes of Five Dollars and Sixty Cents ($5.60) 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, in- cluding 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 Corporation property (except the rolling stock of railroads) based upon the assessment fixed by the State Corporation Commission and certi- fied 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 merchants' capital, farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of VirgJ_uia, Sections 58-829 and 58-829.!. EHRTHER, the Director of Finance shall make separate classifications of farm machinery, farm tools and farm livestock. l~r. Gibson advised that he had just returned from a meeting of N.A.C.0. and wished to offer two resolutions for adoption by this Board with copies to be sent to our representatives in ~ashington~ to the Boards of Supervisors iff each county in the State, and to the Virginia Association of Counties. The following resolution was offered by Mr. Gibson, seconded by ~f~. V~eeler, and unanimously adopted: WHEREAS, the ever increasing cost of taxation has become an onerous burden on the citizens; and WB~J~EAS, the regressive nature of local taxation places the incidence of those taxes upon those citizens least able to pay; and ~AS, the most apparent source of revenue yet untapped in Virginia is a local income tax; and WHEREAS, there exists a demonstrated effective system of income tax collection on the federal level; and ~tEREAS, the attempt by thousands of local governmental units to create systems of income tax could result in numerous inefficient and costly operations of questionable advantage in net effect to our local citizens; NOW, THERE~_RE, ~ IT I~ESOLVE.,D that the Albemarle County Board of Supervisors unanimously urge that you support federal legislation which would establish a policy of state arid local governments sharing directly in the revenue of the federal government by returning un- restricted to the states and localities a portion of the federal income tax revenue on a basis which will reflect both population demands and local tax effort; and ~E IT FL~RT~ RESOLVED that you support federal legislation which will permit the individual taxpayer to offset by direct credit against his federal income tax liability a portion of the amount paid by the taxpayer to the state government in the form of income taxation. The following resolution was offered by ,Mr. Gibson~ seconded by Mr. Wood, and unanimously adopted: ~t~EAS~ all citizens recognize the duty of The Congress to constantly review and evaluate its general tax policy; and WHEREAS, equity demands that each citizen should bear his fair share of tax burden; and ~E~EAS, no system of compulsory taxation can be completely fair, measured by every criteria, so that the optimum to be sought is that system most fair to most people and '~unconscionable to none; and W~P~EAS, tax-emption of state and municipal bonds is an induce- ment to the wealthy individual and investment corporation to purchase these bonds; and '~AS~ there is substantial consti~utional question as to whether ~he Congress can tax interest paid on these bonds; and WH~°G~AS~ taxability will force these bonds to find a new marke~, competing with federal and high grade corporate bonds; and V~r2REAS, the resulting increase in interest rates will have to be passed on to the local taxpayer whose regressive taxes must repay the bonds and the interest; and W~IEREAS~ any subsidy paid by the federal government to offset the local increased burden will have to be an arbitrary adjustment result~n~ in an artificial market, removing local incentive to frugality now present in local desire to preserve favorable ratings earned by past performance and granted by investment rating services; and WHEREAS, the very uncertainty arrou~sed by The Congress' delibera- tions on this matter forces present discount in the sale of bonds which will be an incre2sed burden on the taxpayer over the life of the bond issue; NOW~ THEREF01~E, BE IT RESOLVED that the Albemarle County ]~oard of Supervisors unanimously urge you to resist any attemp~ by The Cohgress to remove the tax exemption status ~om state and municipal bonds or to pass any legislation which will make these bonds less attractive as an investment by imposing new limitations on these investments by minimum tax provision or by allocations of deductions presently granted taxpayers in the computation of their federal income tax liability especially when those deductions have no direct relation- ship to the receipt of exempt income. Motion was offered by Mr. Way, seconded by Mr. Wood, that the title for land for the community college' not be given to the Commonwealth of Virginia until the Community College Board has made necessary ~uads available for con- struction of the college and no further appropriations be made by Albemarle County toward the preparation of the site for the college until we are assured that the Community College Board is prepared to go ahead with the construction. Substitute motion was offered by NLr. Gibson to table this matter for dis- cussion. This motion was seconded by Mr. Wheeler and carried. Communication was submitted by Mr. Heter 2~ay in which he tendered his resignation from the Board of Supervisors to be effective August 22~ 1969, and a:sked that the Board urge the Judge of the Circuit Court to name his replace- ment as soon as practicable in order that his replacement might attend as ~any meetings as possible before taking office. Mr. Way advised that he will be entering The Hrotestant Episcopal Theological Seminary in September. Mr. Garnett wished tEr. Way every success and on motion of Mr. Wheeler, seconded by Mr. Gibson, ~r. Way's resignation was accepted with regret and the Clerk was directed to forward a copy of this letter to Judge Waddell with the request that appointment be made as soon as possible. The Chairman called for public hearing on zoning request as advertised in the Daily Progress on April 2%, May 2 and May 9, 1969, as follows: Application of Kent A. ~orris to rezone 2.~2 acres from Agricultural A-1 to Residenta! R-1, located on Route 600 at C&0 Railway Right-of-Way. Mr. Humphrey advised that the staff considered this to be spot zoning and that the Planning Commission had recommended denial of .the request. Mr. Morris was present and advised that the land could never be used for anything else and that there are presently two houses already on this location. After discussion, motion was of.~ered by Mr. ~eeler, seconded by N~~. Gibson, to deny this applica- tion. M~. Yancey stated that he was opposed to turning this request down and ~r. Wood stated that he shared Mr. Yancey's feeling. The motion carried with Mr. Yancey and Mr. Wood voting against it. Commur~ication was received from Mr. Rosser Payne submitting suggested ob- jectives to be accomplished by a comprensive planning program in Albemarle County, and a three-point recommendation for processing rezoning cases. Mr. Humphrey advise& that these three recommendations will be on the June docket. Mr. Humphrey was requested to mail each member a copy of these documents. I~r. S. D. Stttrkie, Director of the Join~ Health Department ~, ap- peared at the request of the Board to explain six new positions listed in his biennium budget request for 1970-72 to the State. ~r. Sturkie reviewed the need for these positions and also gave a brief summary of the various programs carried out by the Health Department. The County Executive advised that the residents in the area of the Samuel Miller Landfill no longer objected to the operation of the sanitary landfill and recommended that the County enter into a lease agreement with Continental Can Company and drop condemnation Proceedings. He submitted agreement which had been prepared by Continental Cmn Company and approved by the County Attor- ney. On motion of Mr. 'Wheeler, seconded by ~[r. Yancey, and unanimously approved, the Cotntty Executive was authorized to execute lease agreement with Continental Can Company for a period of five years and the County Attorney was directed to drop condemnation proceedings. At 1:30 P.M. the Chairman called for public hearing on zoning requests as advertised in the Daily Progress on A~ril 2~, May 2 and lfay 9, 1969, as follows: (1) Application of Jazaes G. Herring for conditional use permit to locate a mobile home on 84.42 acres on Route 601. No55:~.one from the public appeared with regard to this matter. Mr. Humphrey ad- vised that the staff recommended no conditions except Health Department approval of the septic tank mud the Planning Commission had recommended approval on this basis. On motion of Mr. ~aeeler, seconded by Mr. Wood, the application of Mr. Herring~ waS unanimously approved. (2) Application of Watson Corporation for conditional use permit to locate a warehouse and office on 2.768 acres zoned ~-1 at the intersection of Rt. 742 and Interstate 64. Mr. E. V. Earinhold appeared on behalf of the Watson Corporation; no one ap- peared in opposition. Mr. Humphrey advised that the staff reco~nend~approval subject to recommendation of the engineer, approval of the septic tank by the Health Department, and approval of entrance from Route 742 by the Highway De- partment. The Planning Commission also recommended approval with these condi- tions. On motion of Mr. Wood, seconded by Mr. Yancey and unanimously adopted, the application of Watson Corporation was approved subject to the aforementioned conditions. (3) Application of Cameron D. Carter for conditional use permit to locate a mobile home on 2.2% acres located on Route 676 at North Garden. A representative appeared for Mr. Carter; no one appeared in opposition. Mr. Humphrey advised that the staff ar~d Planning Commission recommended approval subject to Health Department approval of the septic field. On motion by Mr. ~heeler, seconded by ~r. Wood, the application of ~r. Carter was unanimously approved, subject to the condition set by the Planning Commission. (4) ~pplication of King Solomon Lodge !94 for conditional use permit to locate a ~asonic Lodge Temple on ~oute 2~0 West~ 10 miles from Charlottesville. ~. Linden Shroyer appeared on behalf of the Lodge; no one appear in opposi- tion. ~r. Humphrey advised that the staff and Planning Commission recommended approval subject to Health Department approval of the septic system. On motion of ~r. Wheeler, seconded by ~r. Gib~on~ and unanimously carried, approval was given to this application with the same condition as set forth above. (~) Application of Cecil C. Barnett for conditional use permit to locate a mobile home on 89 acres located on Route 68?. No one appeared in opposition. ~r. Barnett was present and advised that no one would be living in this trailer since it is up for sale. ~r. Humphrey advised that the staff and ?ianning Co~m~ission recommended approval of this request subject to septic tank system approval by the Health Department if the trailer is used. On motion of ~r. Way, seconded by ~r. Yancey~ this application was given unanimous approval. (6) Application of i~oy Carr for conditional use permit to locate a mobile home on 32.4~ acres located on t~oute 690 at Greenwood. No one appeared with regard to this application. ~r. Humphrey advised that the staff and Planning Commission recommended approval subject to Health Department approval of the septic system. On motion of Nr. Wood, seconded by ~. Way, and unanimously adopted, ~this application was approved with the same condition as set forth by the Planning Commission. (7) Application of Joseph Davis for conditional use permit to locate a mobile home on 3 acres located just off Route 29 south of Charlottesville. No one appeared with regard to this application. Mr. Humphrey advised that the staff and Planning Commission recommended approval subject to Health Department approval of the septic system and the mobile home being located fifty feet from dwellings. On motion by Mr. Wood, seconded by Mr. Yancey, unanimously adopted, approval was given to Mr. Davis' application with the same conditions as set forth by the Planning Commission. Mr. Humphrey sub~mitted recommendation of the Planning Co~aission to add a new classification to the Zoning Ordinance of l~esidentail Suburban to meet needs in certain areas of the County. No one appeared with regard to this amendment. After discussion, the amendment as proposed and advertised, was offered for adoption by Mr. Wheeler, seconded by Mr. Way, and unanimously adopted as follows: ARTICLE 2-A RS- 1. Residential Suburban Statement of Intent This district is designed to accommodate quiet, low density residential areas plus certain areas where similar residential development appears likely to occur, such as in the immediate areas of small villages where there exists a com~nunity of interest and where more dense zones would not be compatible with existing or proposed development. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to pro- hibit all activities of a commercial nature. 2A-1 Uses Permitted. In i~esidential Suburban District~ RS-1, structure, s to be erected or land to be used~ shall be for one or more of the following uses: 2,A-1-1. Accessory buildings as defined; however, garages and other accessory structures, such as carports, porches, and stoops attached to the maifl building shall be considered part of the main building. No accessory building may be closer than five (5) feet to any property line. 2A-1-2. Business signs: Only to advertise-the sale or rent of the premises Upon which erected and not more than six (6) square feet in area. 2A-1-3. Church bulletin boards and i~.entification signs. 2A- t -4. Oh~r che s. 2A-1-5. Directional signs. 2A-1-6. Educational institutions. 2A-1-?. Golf courses (unlighted). 2A-1-8. 0fl-street parking as required by this ordinance. 2A-1-9. Parks and playgrounds. 2A-1~10. Public utilities: poles, lines, transformers, distribution substations, pipes, meters, and other facilities necessary for the provision and main- tenance of public utilities, including water and ~ewerage distribution facilities. 2A-i -1 1. Single family dwellings. THE F01JL0'~ING U~S ALLOVgD WITH ~ CONDITIONAL USE ?~MIT ONLY: 2A-1-1 2( 1 ). Country Clubs. 2A-1- 2(2). Public utilities: oil and gas transmission pipelines and pumping stations, microwave and radiowave transmission and relay towers, electrical transmission lines, towers and substations, and public water and sewerage transmission and treatment facilities. 2A-1-12(3). Stabiing facilities for light horses and ponies on not less than two (2) acres. 2A-1-12(4). Svzbmming and tennis clubs. 2A-1-12(5) · Marinas. 2A- 1. ]~NIML~I LOT SIZE: 2A-2-1. Area. Approved subdivisions of one lot shall have a minimum area of 'one (1) acre. In approved subdivisions of two lots or more, lots may have a minimum area of forty thousand (40,~00) square feet provided the average lot area of all lots is one (1) acre. 2A-2-2. Wzdth. Intermor lots sha±l ha e a minimum width of one hundred thirty ~feet at the building setback line. Corner lots shall have a minimum v~dth of one hundred and fifty-five (155) feet at the building setback line. 2A-2-3. Height. Dwelling shall not exceed thirty-five (35) feet in height. 2A-3. ..Y,,~. S: 2A-3-1. Setback. The minimum setback from any front yard shall be fifty (50) feet i¥om the front lot lines. 2A-3-2. 2A-3-3. 2A-3-4. ~ide ~ard. Side yar~s shall be a minimum of twenty (20) feet. ~ar Yards. Rear yards shall be a minimum of fifty (~0) feet. Minim~n Off-Street ~arkin~. In compliance with Article 10-? of this ordinance. The application of Leroy Snow to rezone 19.92 acres on Route 79% north of Blenheim, which was deferred from the April meeting, was again submitted for consideration. _Me. Humphrey advised that this request would meet with RS-1 requirements just adopted. Mr. Gibson stated that he was in favor of going along for the sake of people because he does not feel the purchaser should be penalized but thinks the developer should be sanctioned. On motion by Mr. Gibson, seconded by Mr. Wheeler, and unanimously adopted, the request of Mr. Snow was approved as RS-1 and the County Attorney was requested to see what ~anctions can be imposed on the developer. On recommendation of the County Attorney, the foliov~ng resolution was offered by Mr. ¥~eeler, seconded by Mr. Gibson, and unanimously .adopted: WHEREAS, this Board at its regular meeting on February 20, 1969, authorized the execution of a contract in its behalf for purchase by this Board and by the City of Charlottesville jointly of 97.43 acres of land in Albemarle County a short distance south of the City of Char!o.~tesville at a price of ~243,~?~.00 in cash, said land to be used as a site for a Community College to be established and operated by the Community College Board of the Commonwealth of Virginia; and ~EAS, the official minutes of said'meeting reflect only that the sum of ~6,089.37 was appropriated as this Board's one- half share of the down payment to be made with said contract, although in fac~ execution and performance of the contract was also authorized by this Board at that time after considerable discussion then and at prior meetings of this Board; and WI~S, the Cotuuty Executive, on February 24, 1969, executed said contract and paid to the owner of the property~ Robert Shoffner, Trustee, this Board's share of the down payment; and WHERE~AS, on May I, 1969, pursuant to said contract and to approval of title to the property by this Board's attorney, the urchase of said land by this Board was closed and the sum of 11~,698.12 from County funds was paid to the seller's attorney as the County's one-half share of the balance of purchase price due for the property, and the County Executive accepted delivery on behalf of this Board of a deed conveying said 97.43 acres of ta~d ~o the City of Charlottesville and this ~oard as equal tenants in common, subject to certain provisions of said contract regarding a right of repurchase by the Sellers and to certain rights of the Sellers to receive utili'ty service to his adjoining land from the City of Charlotte ~ilIe; NOW, THERE~, BE IT RESOLVED that this Board ~id, on February 20, 1969, approve said contract dated February 16, 1969, an~ did authorize its attorney and the County Executive to agree to said con- tract, to execute and deliver the sm~e, to make the down pyyment of $6,089.'37, and to take such other action as might be required to perform said contract according to its terms on or before May 1, 1969; A~DBE IT FHRTHER RESOLVED that this Board hereby appropriates from the Cotm_ty's general fund the sum of ~1~,698.12 which was paid to the Seller's attorneys as this Board's share of the balance of purchase price, and this Board also hereby ratifies all actions taken to conclude purchase of said land. The County Executive suggested that the Board adopt a resolution requesting delegates in Richmond to amend the law in order that any time a locality passes on to the State of Virginia land for construction of a public facility that such property would revert back to the municipality if not used for the facility designated, and that such resolution also be sent to the Virginia Association of Counties requesting their support. On motion of Mr. Gibson, seconded by Mr. Wheeler, mud unanimously adopted, this suggestion was tabled. Statements of expenses of the Department of Finance, the Sheriff's Of- lice and the Office of the Commonwealth's Attorney were sul~mitted for the month of April, 1969. On motion of Mr. Way, seconded by Mr. Wheeler, these statements were unanimously approved. Statements of expenses incurred in the maintenance of the County Jail were submitted along with summary statement of prisoner days for the month of April, 1969. On motion of ~r. Way, seconded by Mr. Wood, these statenzents were unanimously approved. Reports of the Department of Public Welfare were submitted for the month of April, 1969, in accordance v~th Sections 63-67.1 and 63-67.2 of the Code of Virginia .. Report on S.L.H. was received from Dr. Sturkie for the month of April, 1969, and on motion of Mr. Way, seconded by Mr. Yancey, was unanimously ap- proved. Claim of the University of Virginia Hospital in the amount of $2,306.56 was submitted for hospitalization of i~digent patients under S.L.H. for the month of April, 1969. On motion of Mr. Gibson, seconded by Mr. Way, this claim was unanimously approved for payment. Report of the County Executive was received for the month of April, 1969, and was ordered filed. In accordance with request received from Citizens Bank and Trust Company, the following resolution was offered by Mr. Gibson, seconded by Mr. Wheeler, and unanimously adopted: ~EREAS, Citizens Bank and Trust Company has requested release of certain securities held in escrow by Chemical Bank New York Trust Company s~ud has agreed to pledge with Virginia National Ba~, Escrow Agent, certain other securities; and WHEREAS, it has been determined that the amotmt of securities offered for pledge, in addition to securities currently held by the Virginia National Banlm, will be sufficient to secure funds now on deposit with Citizens Bank and Trust Company; NOW, TKE[qEff0RE, BE IT RESOLVED by the Board of County Super- visors of Albemarle County, Virginia, that Chemical Bank New York Trust Company be and is hereby authorized to release the following: ~400,000.00 U.S. Treas. Notes, 4-3/4~, due %-1%-72. ~ND BE IT FURTHER RESOLVED that Citizens Bank and Trust Company be and is hereby authorized to pledge with Virginia National Bank the following: ~ %0,000.00 U.S. Treas. Bonds, 2-1/2~, due 9-1%-67/72 ~ %0,000.00 U.S, Treas. Bonds, 4~, due BE IT FURT~ RESOLVED that copy of this resolution be forwarded to Citizens Bank and Trust Comps.ny, Chemical Bank New York Trust Company, and ¥irginia National Bank. In accordance with request received from National Bank and Trust Company, the following resolution was offered by Mr. Way, seconded by Mr. ~.Wheeier, and tm.a~nimously adopted: ~;~J~IEAS, National Bank and Trust Company, Charlottesville Virginia, Depository, has made c~rtain substitutions of securities held by State-~lanters Bank of Con~erce and Trusts, Escrow Agent, in accordance with Escrow ~greement by mud between National Bank a~-~d Trust Company, State-~lanters Bank of Commerce and Trusts, T. M. Batchelor, Jr., Director of Einance of the County of Albemarle, and the Board of Supervisors of Albemarle County; N0~, TB~qE~RE, BE IT RESOLVED by the Board of County S~per- visors of Albemarle County, Virginia, that this Board does hereby ratify said substitutions as follows: Pledge: ~$%00,000.00 U.S. Treas. 4-t/8~ Bonds, due %00,000.00 U.S. Treas. 4-3/4~ Bonds, due %-1%-72 C ' %0,000.00 harlottesvmlle, Fa. School Improv. 3~ Bonds, due 6-1 -84. ' Release: ~%40 ,000 .00 U.S. Treas. %-%/8~ Notes, due 8-1%-74 %00,000.00 U.S. Treas. %-~./~ Notes, due 11-1%-74. BE IT FL~THER RESOLVED that copies of this resolution be forwarded to National Bank and Trust Company and to State-~lanters Bank of Com- merce and Trusts. The County Executive advised that his office has been receiving complaints regarding dogs in the recreation areas and that he has requested the County · orney to draft an ordinance which would allow for dogs on leashes only in these areas. Claim against the Dog Tax ~tu~d was received from M. Y. Suther!and~ Jr. for three ewes killed by dogs. On motion of Mr. Wheeler, seconded by Mr. Yancey, Mr. ~athertand was allowed $1%.00 for each of these ewes. Claim against the Dog Tax Fund was received from D. S. Figgatt~ Jr. for one female calf and one bull calf killed by dogs. On motion by Mr. 'Wheeler, seconded by Mr. Yancey, Mr. ffiggatt was allowed ~30.00 and $2~.00 for these ~ca!ves respec- tively. Claim against the Dog Tax ~nid was received from William .W. Tinsley for one pig killed by dogs. On motion of Mr. Wheeler, seconded by Mr. Yancey, Mr. Tinsley was allowed ~10.00 for this pig. Claim against the Dog Tax Fund was received i~om Mrs. C. W. Phillips for one bull calf killed by dogs. On motion of Mr. Yancey, seconded by M~. Wheeler, Mrs. Phillips was allowed $30.00 for this calf. S.P..C.A. Report was received f~r the month of April, 1969, and on motion by ~ir. ~'~eeler, seconded by Mr. Yancey, was unanimously aplYroved. The County Executive advised that the County has acquired thirty-one tracts of lmmd o~v~r a period of years which he recommended be sold at public auction in order that these parcels may be put ~ack on the tax rolls. On motion by Mr. Wheeler, seconded by Mr. Yancey, and unanimously carried, the County ~xecutive was authorized to sell said parcels of land at public auction. The Board's attention was called to the fact that Mr. W. O. Lewis had sub- mitred his resignation to Judge Waddeli as a member of the Electoral Board due to ill health. The following resolution was offered by I~r. Wheeler, seconded by Mr. Way, and unmnimousty adopted: ~I~[REAS, the Albemarle County Board of Supervisors has learned of the resignation of W. O. Lewis as a member of the Albemarle County Electoral Board; and ~AS, Mr. Lewis for so many years has given unselfishly of his time in this capacity, and his devoted efforts~ along with other members of the Electoral Boar~, have~ brought about many improvements to the voting process in Albemarle County; and WHEREAS~ this Board is deeply grateful to Mr. Lewis for his outstanding public service; NOW, T~r~,~LEFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that this Board does hereby express to W. 0. Levis its deepest appreciation for his long and faithful service to Albemarle County. Claims against the County amo~anting to ~1,~92.3~ 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 Operatin¢ Ftmd Virginia Public Assistance ~tu~d Cafeterias Capital Outlay ffund bog Tax Fund County Water Systems Commonwealth of Virgin. ia Current Credit Acct. Town of Scottsville 1~ Local Sales Tax Total ^3 .oo ~3,U74.84 %16,091.60 30,~67.~84 ~,802.68 8~,629.6~ 3,094.1~ 668.62 429,760.26 6?.66 On motion, the meeting was adjourned.