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1957-12-18 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office .Building of said County on the 18th day of December, 1957. Present: Messrs. John W. Williams, Edgar N. Garnett, H. Ashby Harris, Edward L. Smith, M. Y. Sutherland, Jr., and Robert Thraves. Abs~t: None. Officers present: Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Mr. M. Y. Smtherland. Minutes of the meeting of November 20, 1957, were read and approved with the exception of approval of resolution appropriating funds for the operation of dump #2 by Mr. Thraves. Request was received from the Highway Department to abandon and relocate a section of the road leading to the West Virginia Pulp and Paper Company. On motion of Mr. Smith, seconded by Mr. Garnett, this matter was carried over in order that the property owners involved in this instance might be con- tacted. In connection with petition received at the last regular meeting to abandon a section of the Old Garth Road, the following resolution was offered by Mr. Harris, seconded by Mr. Smith, and unani- mously adopted: WHEREAS, Jane H. Garth, James W. Garth, III, Evelyn M. Galban, Hannah W. Catlin and Grover H. Vandevender are the owners of five tracts of land situate on secondary State Highway NO. 601, sometimes call the-Ga rrb Road in. the Ivy Magis- terial District of Albemarle County, Virginia; and WHEREAS, mamy years ago this road was altered to its present location causing to be left unused as a public thoroughfare the old road across the said five properties; and WHEREAS, the new or present Garth Road serves the same citizens that were served by the old read and the new or present road was constructed in lieu thereof and approved by the Board of County Supervisors of Albemarle County; and WHEREAS, the old road, located near and practically parallel to the new or present road as shown on attached plat by A. R. Sweet and Associates dated April 27, 1957 - revised November 19, 1957, has been abandoned and unused as a public thoroughfare for many years; and WHEREAS, it is considered to be to the best interests of all parties concerned that the Board of County Supervisors of Albemarle County fully vacate and abandon that section of the old ~road passing across the said five properties which has been replaced by the present secondary State Highway No. 601 as shown on said plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albemarle County that pursuant to Section 33-76.21 of the Code of Virginia the hereinabove described portion of State Highway No. 601 be and the same is hereby vacated and aba~dued, and the Clerk of the Circuit Court of Albemarle County is requested to record a copy of this Resolution and the attached plat. Copy of letter addressed to the Greenbrier Corporation by the Resident Engineer of the Highway Department was received by this Board. The letter advised said Corporation that the estimate to be used for posting bond for the completion of road in Greenbrier Subdivision from EsseE Road to the Rio Road in the sum of $33,239~.04. The Clerk was requested to write Greenbrier Corporation calling attention to the posting of this bond. Petition was received requesting inclusion in ~he Secondary System of road i~ Samuel MiLler District be$inning at Old BeagLe Gap Road on Route 691 and continuing to the last house on this road. On motion of Mr. Garnett, seconded by Mr. Smith, it was ordered that this petition be referred to Viewer.. at the regular road meeting in early 1958. Plats one 'and ~ of Berkeley Community Subdivision as approved by the City and Co~uty Plannin Commissions were received and on motion of Mr. Thraves, seconded by Mr. Sutherland, this plats were ado- proved and the Chairman an~ Clerk were authorized to sign same on behalf of the Board. Th~ following communication from Commonwealth Utilities with respect to operating a water and sewage system in the Berkeley Community in Albemarle County, was presented: Albemarle Board of County Supervisors Charlottesville, Virginia Gentlemen: "November 25, 1957 P~rsuant to Chapter 455 of the Acts of Assembly of 1954, Commonwealth Utilities, Inc. hereby gives notice that it proposes' to establish and hereby makes application for approval to establish a water supply and sewage system to serve, approximately 180 homes and other buildings to be erected as part of The Berkeley Community now being developed on a tract ~f some 110 acres,_ lying.' West of U.S. Rt. 29 and South of State Rt. 631 in Albemarle County, approximately two miles northwest of the Charlottesville City Limits. ~Water System: The Water SupplY shall be from wellS drilled on the site meeting the requirements of the State Health Department. Well sites 3 and 4 have been approved by the Department of Health and drilling~ will be undertaken at a later date. Well site 2 has been approved and the well has been-drilled,- pump installed and ta~ks erected. Distribution system shall consist of cast ir~n mechanical joint Pipe. In general the size shall be six-inch but some fo~-inch will probably be used. Dis- tribution lines from well No. 2 have been designed ar~ installed. Copy Of Health Department letter of July 24, 1957, and copy of Permit No. 903 are' attached hereto~ Sewage Collection ..System: The collection system shall consist of eight-inch terra cotta sewer pipe with masonry manholes with cast iron covers. A ten-inch line, leading under U.S. Rt. 29, shall connect the colleCtiOn ~tem With a treatment plant to be built to serve the subdivision. The lines for the first unit of the subdivision have been installed. Design of the plant~ has ~been completed and has received tentative approval from the state Water Control Board and the State Department of Health Water Control Board file is attached hereto. Certificate of convenience and necessity from the State Corporation Commission will be applied for en receipt of approval by the County and at the same time rates for water and sewer will be established. A drawing showing the first unit of development and the treatment plant is attached. The entire subdivision has received preliminary approval by both the City and County Planning Commissions. It is requested that the Board of Supervisors adopt a resolution approving the estab- lishment and operation of the ~bove described water system and sewage system to serve Berkeley Community~ Very truly yours, COMMONWEALTH UTILITIES, INC. (Signed.) Sterling R. Decker Sterling R. Decker, President" On motion of Mr. Thraves, seconded .by Mr, Sntherland, the following resolution was unanimously adopted after full consideration and discussion with Mr. O. R. Randolph, Engineer: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia,' that Commonwealth Utilities, Inc. be and is hereby give~¥Approval to the e~.tablishment amd operation of a water system and sewage system to serve Berkeley C~munityin accordance with the foregoing conditions as set forth in application, said approval being mubject-bo approval by the State Corporation Commission. Mr. Sutherland gave report of his committee on the request of the Albemarle 5~berculosis Assoc for contribution of funds to be used for the cost of laundry, toilet articles, haircuts etco of indigent patients in the State Sanatorium from Albemarle County. Mr. Sutherland advised that these funds had been provided from the Virginia Foundation Fund from interest on an endowment for same b~t that at the present time such funds were depleted, and recommended that the County appropriate sufficient 'funds for the p~r- pose fo~ the remainder of the fiscal year. On motion of Mr. Thraves, seconded 'by 'Mr. Sutherland, rules with regard to second readings were suspended, and the following resolution unanimously adopted: BE IT RESOLVED by the Board of County~i%Supervisors of Albemarle County, Virginia, that $200.00 be &nd is hereby appropriated from surplus to be used for laundry, toilet articles, haircuts, etc. for indigent patients in the State Sana- torium from Albemarle County. Mr. Smith, reporting for the committee en the proposed sanitation Ordinance, advised that his committee wished additional time in order to~govover with the Health Director the City's ordinance which wOuld apply to a three male radius of Charlottesvillej The Clerk submitted statement of expenses of the Department of Finance for the month of Novem- ber, 1957, of which one-half is to be borne by the State. On motion, duly made and seconded, this State- ment was examined, verified, and approved. The Clerk submitted statement of expenses~of the Sheriff's Office for the month of November, 1957, of which~two-th~rds is to be borne by the State. On motion, duly made and seconded, this Statement The Clerk submitted Statement of Expenses of the Office of Commonwealth's Attorney for the month of November, 1957, of which eno-half is to be borne by. the State. On motion, ~uly made'.and seconded, this Statement was examined, verified and approved. Statement of Expenses incurred in the Maintenance of Jail for the month of November, 1957, was submitted along with Summary Statement of Prisoner Days. On motion, duly made and seconded, this State- ment was examined, verified and approved. Reports of the Department of Public Welfare for the month of November, 1957, were presented in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Report of the County Executive for the month of November, 1957, was presented, approved, and ordered filed. On motion of Mr. Garnered, seconded by Mr. Thraves, rules with regard to second readings were suspended, and the following resolution unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $74,267.48 be and is hereby appropriated for operating expenses of the School Board for the month of January, 1958. On motion of Mr. Thraves, seconded by Mr. Harris, and unanimously carried, it was ordered that the sale of 1955 real estate taxes to the Commonwealth be deferred until April, 1958, as has been done for the past several years. Communications were received from the State Compensation Board setting forth amounts approved for the calendar year 1958 for the Department of Finance, the Sheriff's Office and the Office of the Commonwealth's Attorney, and were ordered filed on motion of Mr. Harris, seconded by Mr. Smith. The Board's attention was called to the fact that check No. 9049, dated December 14, 1954, made payable to S. W. Barnes in the amount of $128.00 was charged off, in the last audit and the bank so notified. However, on November 25, 1957, this check was cashed. On motion of Mr. Harris, seconded by Mr. Thraves, it was ordered that check in the sum of $128.00 be drawn to the order of Mr. Barnes from the current budget since it was the feeling of this Board that payment efMr. Barnes claim was an obli- gation of the coUnty, The Board's attention was called to the fact that Mr. George T. Huff, treasurer of the Communil Rest Room had requested that the County's appropriation be increased from $15.00 per month to $25.00 per month. Mr. Huff's request was based on the fact that rental of the facilities had increased from $25.00 per month to $40.00 per month and that other expenses had also increased. The county participates jointI with the City and the retail merchants in the operation of this Rest Room.. After discussion of this matter, rules with regard to second readings were suspended, and on motion of Mr. Thraves, seconded by Mr Harris, the following resolution was Unanimot~ly adopted': BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $60.00 be and is hereby approved for increased participation by the County in the operation ef the Co~mmunity Rest Room. Mr. Allan N. Spitzer, Attorney, appeared and presented petition in behalf of Beverley N. and Bolla Ross Wilkerson requesting this Board of pass a resolution approving the conveyance of such interest ~ a tas the CoUnty may h ve by quit-claim deed in two 5 foot strips of land on each side of that section of RougemontAvenue which runs from Green Street to Rialto Street. On motion of. Mr. Thraves,. seconded by IMf. Harris, the following resolution was Unanimou~!y adopt.ed$ subject to approval df the Court: WHEREAS, by resolution of this Board passed on July 17, 1957, the width, of Rougemont Avenue as shown on a plat of the Belmont property recbrded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia, in D. B. 96, p. 72, was re- duced from 60 feet to 50 feet by closing a strip of land 5 feet wide alon~ the entire width of the street along the north side and south side of said street, between Green Street and Rialto Street, which resolution was passed at the request and on behalf of Beverley N. Wi!kerson and. Bolla Ross Wilkerson; WHEREAS, subsequent to the passage of the said resolution, the said Beverley N. Wilkerson and Bolla Ross Wilkerson sold their property located at th~ northwest corner of the intersection of Rougemont Avenue WithhGreen Street which frents 214 feet on the north side of Rougemeont Avenue and their property located at the southeast corner of the intersection of RouSemonth Avenue with.Rialto Street which fronts 196 feet on the south side of Rougemont Avenue. The said BeverleF N. Wilka~o~ ~s ~-~- it was determined and decided that public necessity did not require a 60 foot right of way for that portion of Rougemont Avenue. NOW, THEREFORE, BE IT RESOLVED by the Board of Coun~ty Supervisors of Albemarle County that DoWning L. Smith, Commonwealth Attorney of Albemarle CountY~ Virginia, be a~therized amd empowered to petition the Court for an order Appr. oving, Ratifying and Con- firming a quit-Claim deed of Such interest and upon the entry of such order in the Cir- cuit Court of Albemarle County that John W..~Williams, Chairman of the Board'of County SuperVisors of Albemarle County and June T. Moon, Clerk of the said Board, be authorized and- empowered to execute the. said quit-claim deed, a ~cepy of which is attached to and .made a part hereof. Report of the audit of the District Home Board for the calendar year 1956 was received from the Auditor of Public Accounts and ~ordered filed. The Board's attention was called to the fact that the Board of Assessors had felt it necessary to request additional time for the completion of the General Reassessment and accordingly request had been~ made and order received from the Judge of the Circuit Court e~xtending the time for completing said general reassessment for a period of 60 days from the 31st day ef December, 1957~ The Commonwealth's Attorney adviSed that he felt it wise to extend the~term of the BOard of Assessors for a like period. On motion of Mr. Harris, seconded 1by Mr. Garnett, it was ordered that the Order of the Court in this instance be filed with the mintues of this meeting and the terms of Messrs. P. K. Massey, Legh R. Walker and W~ H. Snyder were extended for 60 days from December 31, 1957, as members ~f the Board of Assessors. The Board's att~ention waz called to the fact that 'Mrs. Ida Moore had been employed in the Department of FinanCe at a salary of $220.00 per month but that only $215.00 ~ad been allowed by the Compensation Board. On motion, duly made and seconded, the employment of Mrs. Moore at $215.00 per month was approved and it was ~xpressed that the .matter would be taken up with Mr. Pence at a later date ~Nr. Will"ams advised that Mr. Charles Barham had tendered his resignation as a me~ber of the Planning Commission from' the Charlottesville District and recommended that Mr. William McCltmg be ap- pointed to rePlace Mr. Bar~m whose term would expire December 31, 1958. On motion of Mr. Sutherland, seconded by Mr~. Harris~ Mr. Barham's resignation was received and accepted with regret. On motion of Mr. Smith, seconded by Mr. Garnett, Mr. Williams McClung was appointed to replace Mr. Barham on the Planning Commission from the Charlottesville ,District. Mr. Harris recommended the appointment of Mr. William H. Brown to replace Dr. Paul McFarland on the Library Board, Dr. 'McFarland having resigned in May, 1957. On motion, duly made and seconded, Mr. BroWn was appointed to'the Library Board to fill the unexpired term of Dr. McFarland which runs until June 30, 1959. The Board's attention was called to the fact that considerable trouble had been eAperienced with lighting in the Court House. The Clerk advised that electricians had been called in on numerous occasions in the past several weeks when lights failed in that Building ~nd that Mr. Minor 0mehundro felt that possibly not enough current was being transmitted through .the feeder line which runs underground from the County Building to the Court House. She stated that Mr. Omohundro had offered to investigate ~is matter with the City Inspector amd to give the County an estimate on correcting this situation. The Board gave approval to thiS of~&w~Provided a free estimate could be obtained. Om motion of Mr. Smith, seeohd~d~.lb~ Mr. Harris, rules with regard to second readings were suspended amd the following resolution unanimously adopted: BE IT RESOLVED by the~ Board of County Supervisors of Albemarle County, Virginia, that~ $120.94 be and is hereby appropriated from surplus to cover the cost of increased bond of the Director of Finance as approved at the last regular meeting of this Board2 Report en operation of the dumps was given showing a total of 325 vehicles to Dump .No. 1 in November and 84 ~ehicles to Dump No. 2 during that part of November in which it was in operation. Mr. Thraves expresse~ considerable opposition to the expenditure of funds o~ dump No. 2, stating that he felt the dump was not a success. He stated that he could not approve further expenditures for said dump until he could see how it worked out. On motion of Mr. Thraves, seconded by Mr. Sutherland, it was ordered that County offices close Ccmm~uication was received from Mrs. Julia Ault calling the Board's attention to the inaugural issue of the Virginia Record. She advised that she felt Albemarle County certainly should recognize the governor in ~this issue in that he was a native of Charlottesville. On motion of Mr. Thraves, second~ by Mr. Sutherland, it was ordered that the County subscribe to a one.fourth page ad in the January issue ef this magazine at a cost of $50.00. Claim against the Dog Tax F.~nd was received from Mr. J. T. Via for erie ewe sheep killed by dogs. On motion by Mr. Thraves, seconded by Mr. Garnett, this claim was denied due to the fact that the carcass was not viewed in sufficient time by the Game Warden to establish the fact that the damage was caused by dogs. Claim against the Dog Tax Fund was received from Mr. W. F. Kirby for eno lamb and four ewes killed by dogs. On motion ef Mr. Smith, seconded by Mr. Harris, Mr. Kirby was allowed $8.00 for the lamb and $20.00 each for the ewes. Claim against the Dog Tax Fund was received from Mr. B. F. Herring for six chickens killed by dogs. On motion of Mr. Garmett, seconded by Mr. Thraves, Mr. Herring was allowed a total of $5.00 for these chickens. Claim against the Dog Tax Fund was received from Mr. C. H. Yest for 27 turkeys killed by dogs. On motion of Mr. Harris, seconded by Mr. Suther!and, Mr. Yost was allowed $2.80 for each of the three hens and $3.~0 §or each of the 24 toms. Claim against the Dog Tax Fund was received from Mr. John L. Hicks for one ewe killed by dogs. On motion of Mr. Garnett, seconded by Mr. Harris, Mr. Hicks was allowed $20.00 for this ewe. Claim against ~e Dog Tax Fund was received from Mr. J. A. Hall for eno ewe killed by dogs. On motion of Mr. Garnett, .seconded by Mr. Thraves, Mr. Hall was allowed $20.00 for this ewe. Claim against the Dog Tax Fund was received from Mr. P. H. Gentry for 9 chickens killed, by dogs. On motion of Mr. ~hraves, seconded by Mr. Harris, Mr. Gentry was allowed $1.25 for each of these chickens. Claim against the Dog Tax Fund was received from Mr. G. H. Nichols for one dwe killed by dogs. On motion, made by Mr. Harris and seconded by Mr. Thraves, Mr. Nichols was allowed $22.50 for this ewe. Claims against the County amounting to $200,469.27 were presented, examined and allowed, and- certified to the Director of Finance for payment and charged against the following funds: General Fund School Fund Dog Tax Fund Crozet Fire District Fund Crozet Sanitary District Fund Joint Health Fund $ 38,682.87- 111,916.26 515.10. 56.O4 322.19 5,296.49 On motion, the meeting adjourned. Commonwealth of Virginia Current Credit Ac._43,680.32 Total $200,469.27 / Chairman