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1958-09-17 A regular meeting of the Board af County Supervisors of Albemarle Couuty, Virginia, was held at the Office Building of said County on the 17th day of September, 1958. Present: Messrs. John W. Williams, Edgar N. Garnett, H. Ashby Harris, Edward L. Smith, M. Y. Sutherland, Jr., and Robert Thraves. Absent: None. Officers present: County Executive and Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Mr. M. M. Pence° Minutes of the meeting of August 20, 1958, were read and approved. Mr. Fred McCormick appeared regarding the Grinnell road leading from Route 743 in the Rivanna District, ad,sing that the conditions set forth in Viewer's report regarding this road had been compli~ with and said road was now ready for acceptance into the Secondary System. This statement was confirmed by Mr. H. W. Runkle, Residen~ Highway Engineer. On motion of Mr. Harris, seconded by Mr. Garnett, the following resolution was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways be and it is hereby ~recommended to accept into the Secondary System, road beginnin~ at Route 743 between Hydraulic and the new airport and extending to the northwest following private road between the properties of Miss Lillian Smith and Mr. Thomas Grinnell to ~ the Murray property line, a distance of .76 of a mile. BE IT FURTHER RESOLVED that the foregoing recommendation is contingent upon receipt by the Resident Engineer of guaranteed right-of-way form signed by all landowners in this instance~ Communication was received from the Resident ~Engineer advising that resolution passed by this Board at its last regular meeting regarding 'addition and abandonment of certain sections of Route 601 should be rescinded and a new resolution adopted to replace same due to the fact that an error was made bY that office. On motion of Mr. Thraves, seconded by Mr. Garnett, the Board-'s resolution of August 20, 1958, was rescinded and the following resolution unanimously adopted: WHEREAS, a section of road im the secondary system on Route 601, located west of Charlottesville, Albemarle County, Virginia, has been alteredi and a new road, Which serves the same citizens as the old road, has been constructed in lieu thereof and approved bythe State Highway Commission by letter dated August 14, 1958, to the Board of County Supervisors of Albemarle County, and WHEREAS, Section 33-76.12 of the Code of Virginia provides for the aban- donment of such alterations of the secondary road system, NOW, THEREFORE,. BE IT RESOLVED by the Board of Supervisors of Albemarle County that said old road be and the same is hereby vacated and abandoned as follows: That section of old Route 601 beg~o~ing at the intersection of Route 654 and ending at 0.54 mile west of the intersection of Route 654, a distance of 0.54 mile along the old road (Sects. 2, 3). Also that section of old Route 654 beginning at 0.03 mile east of -the intersection of Route 601 and ending at the intersection of Route 601 and ending at the intersection of Route 601, a distance of 0.03 mile. (Sect. 1). AND BE IT FURTHER RESOLVED, by the Board of County Supervisors of Albemarle County that the State Highway Department be and it is hereby requested to concur in adding to the Albemarle County secondary system of roads the followin~ sections: That section of Route 601 beginning at O.01 mile south of the intersection of Route 654 and ending at 0.25 mile west of the intersection of Route 654, a distance of 0.26 mile (Sect. 5, 6, 7). Also that section of Route 654 beginning at 0.03 ~ile east of the intersection of Route 601 and ending at the intersection of Route 601, a distance of O.03~ mile (Sect 4). The above is in accordance with the drawing dated 7-21-58 of changes in Secondary System due to relocation and construction of Routes 654 and 601, Project 1302-11-12, handed this Board, as of this date, by H. W. Runkle, Resident Engineer, of the Virginia Department of Highways, and the Clerk of the Circuit Court of Albe- marle county is requested to record a copy of this resolution and the drawing herein- above referred to. Request was received from Dfc Sterling R. Decker on behalf of Berkeley Community Builders for resolution of this Board stating its intent to accept into the secondary system certain sections of roads in Berkeley Subdivision when and .if same are completed to State Highway Department specifications. On BE IT RESOLVED by the Board of County Supervisors of Albemarle CoUnty, Virginia, that if and when the following smreems~nave oeen orought up to standards of the Virginia Department of Highways and have received approval of the Resident Highway Engineer, said streets will be recommended for acceptance into the State Secondary Road System: (1) Dominion Drive from station 0~00 at intersection with Route 29 throu~gh intersection with Commonwealth Drive to Station 22~10.02, second intersection with Common- wealth Drive. (2) C.ommonwealth Drive from station 10~00.65 intersection with Dominion Drive to station 21~90.43, second inter- section with Dominion Drive. The Board was advised that Mosely Drive in Green Valleys Subdivision had been completed in ac- cordance with specifications of the Virginia Department of Highways and was now ready for acceptance in- to the Secondary' SyStem. On motion of Mr. Harris, seconded by Mr. Smith, the following resolution was unamimously adopted: WHEREAS, Mosely Drive in Green Valleys Subdivision, from Willard Drive to Harris Road, has been completed in accordance with standards and specifications of the Virginia Department of Highways. 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 accept into the Secondary System of Highways the above mentioned street. BE IT FURTKER RESOLVED that the Virginia Department of Highways be and is hereby guaranteed a 50 foot unobstructed risht of way along this requested ad- dition, the same having been dedicated along with easement for drainage and recorded in D.B. 323, page 244 in the office of the C~erk of the Circuit Court. Plats as approved by the City and County Planning Commissions were received on the S.W. sectio~ of Farm~ugton, Section 3 of the Meadows and that section of Belmont along Rougemont Avenue and Green Street. On motion of Mr. Sutherland, seconded by Mr. Garnett, these plats were given approval by this Board and the Chairman was authorized to sign same on behalf of the Board. Sheriff W. S. Cook appeared before the Board and requested that he be given permission to use the dictaphone equipment of Mrs. Christian, Court Recorder, in taking evidence to be used for his office He advised that Mrs. Christian had offered the use of her equipment Without charge when the records were taken by the Sheriff's office and that a charge of $10.00 would be made when she took the records. Also a charge of $0.90 for an original and one~copy, plus $0.25 for each additional copy would be made for the transcripts. On motion of Mr. Thraves, seconded by Mr~ Garnett, and unanimously carried, the Sherif~ was authorized to use this equipment when needed. Request was receiVed from Commonwealth Utilities for several street lights in Berkeley Sub- division. On motion of Mr. Sutherland, seconded by Mr. Smith, the County Executive was directed to request the Virginia Electric and Power Company to make a survey of the street lights requested. Request was received from Dr. K. M. Heatwole on behalf of~ a recently organized congretation of Mennonites in Charlottesville for use of the Court Room for regular Sunday worship services. The CoUnty Executive advised that he had permitted these services subject to ratification by this Board. On motion of Mr. Thraves, seconded by Mr. Harris, it was ordered that the Mennonites be permitted to use the Court Room for the remainder of September and that further study be given to the matter. Mr. T. O. Scott, CoUnty ~Agent, introduced to the E~oard Miss Carolyn Alsop, Home Demonstration Agent, and also Miss McCoy, District Home Demonstration Agent. Miss McCoy advised the Board that she had received application from Mrs. Jean Echols Nilson to replace Mrs. Doboy as Asst. Home Demonstration Agen~ and recommended her employment. On motion of Mr. Garnett, seconded by Mr. Sutherland, Miss M~Coy's rec- commendation was accepted and Mrs. Wilson's salary was set at $1,600.00 per annum. The Director 'of Finance submitted statements of expenses of the Department of Finance, the Sheriff's Office s~ud the Office of the Commonwealth's Attorney for the month of August, 1958. on motion of Mt.Smith, seconded by Mr. Thra~es, these statements were examined, verified and approved. Statement of Expenses incurred in the maintenance of the County Jail for the month of August, 195S, was submitted along with Summary Statement of Prisoner Days. On motion of Mr. Sutherland, seconded by Mr. Thraves, these Statements were examined, verified and approved. Claim of the Jail Physician in the amount of $3.00 for the month of August, 1955, was presented and on motion of Mr. Garnett, seconded by Mr. Smith, was approved for payment. Reports of the Department of Public Welfare for the month of August, 1958, were presented in accordance with Sections 63-67.1 and 63-67.2 of the Code of Virginia. Claim of the University of Virginia Hospital in the amount of $2,622.40, of which one-half is reimbursable by the State, was presented and on ration of Mr. Garnett, seconded by Mr. Smith, was approved for payment. Claim of the Winchester Memorial Hospital in the amount of $119.00, of which one-half is re- imbursable by the State, was presented and on motion of Mr. Garnett, seconded by Mr. Smith, was approved!i for payment. On motion of Mr. Thraves, seconded by Mr. Harris, rules with regard to second readings were suspended and the following resolution unanimously adopted: BE'IT RESOLVED hy the Board of County Supervisors of Albemarle County, Virginia, that $94,627,A0 be and the same is hereby appropriated for operating e~-penses of the School Board for the month of October, 195~. At lO:00 A.M. the County Executive read the intent of this Board to chahge the existing defini- tion of the word Subdivision in the Subdivision Ordinance, as advertised in the Daily Progress on August 26 and September 2, 195~, and the Chairman called for public hearing on same. Mr. George Gilmer, Mr. Aubrey Huffman, Mr. Ryland Davis and Mr. Dave Turner and Mr. William Terry spoke ~t~6~gth in opposition to the proposed change. After considerable discussion by tho~ present and members of the Board, it was ordered that this matter be considered with the Planning Commission at an adjourned meeting to be held at 7:30 P.M. on Friday, September 26, 1958. Claim against the Dog Tax Fund was received from Mrs. Alfred DeMilia for one lamb killed by dogs. On $otion of ~r. Sutherland, seconded by Mr. Harris, Mrs. DeMilia was allowed $20.00 for this lamb Claim against the Dog Tax Fund was r~¢eived from Mr. E. L. Sutherland for eight ewes killed by dogs. On motion of Mr. Harris, seconded by Mr. Thraves, Mr. Sutherland was allowed $15.00 for each of these ewes. Claim against the Dog Tax Fund was received from Mr. W. J. Bowen for two hogs killed by dogs. On motion of Mr. Harris, seconded by Mr. Sutherland, Mr. Bowen was allowed a total of $70.00 for these ho Claim against the Dog Tax Fund was r6ceived from Mr. J. D. Johnson for one lamb claimed to have been killed by dogs. On motion of Mr. Garnett, seconded by Mr. Thraves, this claim was denied due to the lack of sufficient evidence to prove that the damage was caused by dogs. Claim against the Dog Tax Fund was received from Mr. R. H. Haney for two lambs killed by dogs. On motion of Mr. Sutherland, seconded by Mr. Harris, Mr. Haney was allowed $20.00 for each of these lambs. Claim against the Dog Tax Fund was received from Mr. E. J. Oglesby for two ewes killed by dogs. On motion of Mr. Sutherland, seconded by Mr. Thraves, Mr. Oglesby was allowed $18.00 for each of these ewes. Claim against the Dog Tax Fund was rSceived from Mr. A. L. Hoover for 48 chickens killed by dogs. On motion of Mr. Sutherland, seconded by Mr. Harris, Mr. Hoover was allo~ed a total of $21.20 for these chickens. Claim against the Dog Tax Fund was received from Mr. Cammann Duke for six sheep killed by dogs. On motion of Mr. Sutherland, seconded by Mr. Harris, Mr. Duke was allowed $18.00 for each of these sheetp~ County: The following report was received from the committee appointed regarding hunting in Albemarle "The Board of County Supervisors of Albemarle County County Office Building Charlottesville, Virginia Gentlemen: The undersigned, your committee appointed ~t the last regular meeting to consider the report regards to hunting and signed James H. Michael, Jr., begs to report as follows: Your committee studied most carefully each item of the report in question, and found itself in agreement with all of the premises and the majority of recom- mendations. In the recommendations to follow, no attempt has been made to dovetail such recommendations to those received in the report under review. It is believed, However, that the present acceptance and subsequent execution of the following recommendations will accomplish the objectives desired in the report received from the representatives of the landowners and the hunters. It should be stated that under present law, the county does not have the power or the right to abridge, abrogate or in any way change laws relating to hunt- ing and shooting or the enactment of any ordinance establishing a condition per- taining thereto. Therefore, your committee could not give consideration to items III and IV of the landowner's and hunter's recommendations which is to theeffect that (1) a local tax on hunting licenses be adopted,~nd (2) the mandatory purchase of liability insurance prior to issuance of a hunting license. Regards to n~ber (2) aforementioned, your committee strongly urges that hunters be made aware that such policies are available and be urged to protect themselves through this media. The following is recomm&uded: (1) That a permanent committee composed of three landowners, three representatives of sportmen's organizations, and a member of the Board of Super- visors be appointed. It is proposed that Mr. Robert Carter, Carter's Bridge, Vir- ginia; Dr. John L. Manahan, Scottsville, Virginia; and Mr. HarryL~ghorne, Scottsville, Virginia, be the representatives of the landowners on such committee. It is further suggested that one representative from each of the following be made a member of said committee: (a) Isaac Walton League; (b) RivannaRifle and Pistol Club; (c) The Farmington Hunt Club; and (d) the Keswick Hu~t Club. Each of the above organizations to name their own representative. Mr. Ashby Harris to be the Supervisors' representative to the committee. (2) Section 29-143, subsection (a) relating to Sunday hunting be enforced. This section reads as follows: "To hunt or kill any wild bird or wild animal, including any predatory or undesirable species, with a gun or other fire- arms on Sunday, which is hereby declared a rest day for all ~'~species of wild bird and wild animal life." (3) Section 29-14~, subsection (f) relating to shooting from any vehicle be fully enforced. This section reads as follows: "To shoot any game bird or game anima~ from an automobile or other vehicle.~ ~. (4) That all landovmers desiring to prohibit hunting on their land con- spicously display "POSTED" signe and that the laws relating to trespassing as set forth in the State Code be rigidly enforced. These laws are as follows: 29-165 - "Trespass generally. - any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish or trap withOut the consent of the landowner or his agent shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more ~han two hundred and fifty dollars or by con- finement in ~$il for not more than thirty days, or by both, in the discretion of the court or jury trying the case." 29-165.1 - "Any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish or trap and wilfully refuses to i~entify himself when requested by the landowner or his agent to do so shall be deemed guilty of a misdemeanor, and shall be pnuished by a fine of not more than one hundred dollars or by confinement in jail for not more than thirty days, or both, in the discretion of the court or jury trying the case." 29-166 - "Trespass on posted property. - Any person who goes on the lands, waters, ponds, boats, or blinds of another upon which signs or posters prohibiting hunting, fishing, or trapping, ~have been placed to hunt, fish or trap without the written consent of the owner or his agent shall be guilty of a misdemeanor and pun- ished by a fine of not more than two hundred and fifty dollars or by confinement injail for not more than thirty days or by both such fine and imprisonment in the discretion of the court or jury trying the case." With regard to 29-165 a~ove, it is suggested that when a landowner gives permission that he stipulate the area of his land to be hunted upon and the type of firearms within State regulations to be used. (5) Since laws relating to hunting and shooting are governed by State regulations, it is thought that enforcement at the State level is to be desired. Therefore, it is recommended that the Sheriff's office, the local State Po2ice, and such other duly authorized officers be requested to aid the Eame wardens in the enforcement and conviction ~ anyone found breaking the hunting and shooting laws. Also, that the Commonwealth's Attorney be requested to prosecute such violators to the full extent of law. As stated above, it is believed that rigid enforcement of the above recommendations will give the desired objectives as set forth in the landowners' and hunters' report. Respectfully submitted, (Signed) Robert Thraves H. Ashby Harris M. Y. Sutherland, Jr." Mr. Williams suggested that .cards be printed relating to pertinent hunting laws and setting 2orth a code of ethics for sportsmen to be distributed with hunting licenses. Mr. Sutherland stated that since Mr. Harris had expressed that he did not wish to serve on this committee referred to in the the report, that he would like to suggest that Mr. Thraves be appointed in his stead. On motion, made by Mr. Garnett and seconded by Mr. Harris, the foregoing report was accepted with the amendments sug- gested by Mr. Williams and Mr. Sutherlando The County Executive advised that it was necesaary to replace the two-way radios in the Game Warden's cars and recommended that this be done. On motion of Nr. Sutherland, seconded by Mr. Garnett, the recommendation of the County Executive was 'accepted. On motion of Mr. Sutherland, seconded by Sr. Harris, rules with regard to second readings were suspended and the following resolution unanimously adopted; BE IT RESOLVED by the Board of County Eupervisors of Albemarle County, Virginia, that $1,500.00 be and the same is hereby appropriated for the purchase of new two-way radios in the Game Warden's cars. Claims against the County amounting to $174,885.16 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 Scottsville Special School Pro~ect Fund Woolen Mills Sanitary District Fund ~entral Fire District Fund Commonwealth of Virginia Current Credit Account Total $ 35,390.48. 117,595.80 300.20 21.39 988.88 5,740.89 411.80 3.00 5.29 _ !4,427~43 $174,885.16 On motion, the meeting adjourned until 7:00 P.~!. on September 26, 1958.