1958-12-17 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held
at the Office Building of said-County on the 17th day of December, 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 Lo~d's Prayer led by Mr. M. M. Pence.
Minutes of the meeting of November 19, 1958, were read and approved.
Mr. H. W. Runkle, Resident Highway Engineer, advised that he had viewed Route 691 in Crozet
and found that it does not come up to State specifications. Due to this fact, the County Executive was
directe~t~ advise Mr. Sandridge that this road would have to be brought up to specifications before
it could be recommended to the State for acceptance into the Secondary System.
Mr. Runk~ also advised that due to weather conditions, Holmes Avenue in Albemarle Homes Sub-
division had not been completed.
The applications of Orchard Acres for acceptance of Orchard Drive and Pe~ch Tree Drive was
again brought before the Board. Mr. Joel Cochran and Mr. Amos Sweet appeared in regard to this matter.
After discussion of this application, the following resolution was offered by Mr. Garnett, seconded by
Mr. Smith, and unanimously adopted:
WHEREAS, the following sections of roads in Orchard Acres Subdivision,
Crezet, Virginia, have been completed in accordance with standards and specifi-
cations of the Virginia Department of Highways,
NOW, T~EFORE, 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 Highway, the following:
Orchard Drive from Jarman Gap Road, Route 691, to termini
at Peach Tree Drive, and Peach Tree Drive from Orchard
Drive through Lot 6, Block 6, Section 1, a distance of
approximately ~feet.
BE IT FURTHER RESOLVED that the Virginia Department of Highways be and
is hereby guaranteed a 50 foot unobstructed right of way along this requested
addition, the same having been dedicated along with drainage easement and re-
corded in De~ed Book 322, page 146 in the office of the Clerk of the Circuit Court.
Communication was received from the Dep~rtment of Highways advising that as requested by this
Board and the Town Council of Scottsville, the following section of road was accepted into the SecondarY
System, effective December 12, 1958:
From intersection Route 1303, southeast 0.05 mile to dead end (entrance to Scotts-
vil!e School).
The County Executive advised that he had received statement regarding the re-location of the
East-West Interstate Highway in the U.S. 250 Corridor which was available for the Board to review.
The entrance to Bellaire and the road markings on Route 250 Were discussed at length and on
motion of Mr. Smith, seconded by Mr. Sutherland, Mr. Runkle was asked to request that a new survey be mad~
of this situation, taking into consideration the entrance to Beltefield School.
Plat was received on redivision of Lot A belonging to C. C. Haney and located on the South side
of Route 29, South. It was noted that this plat had received approval of both the County and City Plan-
ning Commissions. On motion of Mr. Smith, seconded.~ by r. Garnett, this. plat was appro~ed~ and-the Chair-
man and Clerk ware authorized to sign same on behalf of this Board.
Plats were also received On Tarrel and Lakeside Subdivisions but action thereon was deferred
~ntil an adjourned meeting to be held on December 18, 1958, since there was some question regarding planne
~idth of Paving, motion being made by Mr. Thraves and seconded by Mr. Sutherland.
Plat was received on redivision of Lot owned by Seminole Trail Center, Inc. and located on the
~Northwest side of Emmett Street (U.S.Rt. 29), and approved by the County and
Plat was received on redivision of Lot !1, Block C in Green Valleys Subdivision. as ~pproved by
the County and City Planning Commissions.~ On motion of Mr. ~Smith, seconded by Mr. Garnett, this plat
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was approved and the Chairman and Clerk were authorized to sign same on bab~f~this Board.
Plat was received en redivision of lots 14-15-16, block F. and right of we,!to well lot in
Colthurs% Farms S~bdivision as approved by the County and City Planning Commissions, On motion of Mr.
Garnett, seconded by Mr. Thrav~s, this plat was approved and the Chairman and Clerk were authorized to
sign same on behalf of this Board~
Plat was received on division of Lot 5 on St~ Anne's Road in MeadowbrookHeights Subdivision as
approved by the County and City Planning Commissions. On motion of Mr. Smith, seconded by Mr~ Th_raves,
this plat was approved and th~ Chairman and Clerk were authorized to sign same on behalf of this Board.
Mr. Sidney Watson, Attorney,. appeared on behalf of Mr. C. W. Phillips with regard to right of
way through his property in connection with extension of Route 621. Mr. Watson advised that he would li~
have a meeting with Mr. Frazier and Mr. Collier, along with their attorney, Mr. Walker Nilliams. with
re~ard to this matter. Accordingly, no action was taken by the Board in this instance.
Mr. Edg~r Bradley presented to the Board Resolution with regard to legislation concerning ac-
quisition of land for the construction of dams in connection with pr0vidi~g sources of public water suppl
and requested the adoption of such resolution by this Board. Mr. Byron B. Cain spoke considerabl~ in op-
position to'such a resolution Since he felt the Beaver Creek Dam was the aim of such legislation and he
alSo felt that the remainder of the County would not benefit from same. Mr. O. R. Randolph spoke in be-
half of the adoption of the resolution. After considerable discussion, said resolution was offered by
Mr° Sutherland, secbnded by Mr. Harris, and unanimously adopted as follows:
WHEREAS, Water is one of our most important natural resources and its con-
servation ~eveloPment~ utilization.and disposal is of-theutmost importance to the
future arg~ul~tu~al ~d industrial growth of this Commonwealth;
WHEREAs, the Congress has enacted in 1954 Public Law 566 - 83rd Congress~
~o authorize the Secretary~Of Agriculture to cooperate with Statesandlecal agencies
in the ~lanning and' carrying ~u~ of W°rk~ 8f improvement, for s°~ 'cOnservation and
other Farposes;
WHERF~&S, the General Assembly enacted legislation ~in1956 (1956 Acts of
Assembly chapter 654) to implement PublicLaw 566 by authorizing Soil Conservation
Districts to participate in this program;
~S, The Attorney General of Virginia has given an epinion on November
1, 1954 (Opinions of the Attorney General 1954'55 page219) that a public water
supply can be developed uSing Public Law 566 for construction of impounding facilities
so long as the public water supply aspect is incidental to the primary purpose of
these facilities, that is flood prevention and soil conservation;
WHEREAS, ~t appears th~.t counties have no authority to expend fnndA for ac-
quisition of land ~?~to ~ar~iciPate in construction of dams to provide sources of
public water supply;
~EREAS, it is the considered opinion of the Board of County Supervisors of
Albemarle County ~that counties should be authorized and empowered to provide~.-sb~ees
of public water suppl~for agricultural and industria!development of the counties.
NOW, THEREFORE,.BE IT RESOLVEDby th? Board of County Supervisors of Albe-
marle~CoUnty 'that'the General Assembly of ~irgznia be, and~is hereby requested to enact
appropriate legislation authorizing and. emp~wering~count~es to make expenditures from
the general fund to acquire land, to participate in cost o2 construction of dams and
do all other, things necessary to..provide sources of.pUblic water supply.
BE IT FURTHER RESOLVED,, that a. copy of~ this resolution be-sent to the
Governor.
At the request of the Peoples National BanS, the following resolution was offered by Mr. Garnett
seconded by Mr. ~hraves, and unanimously adopted:
WHEREAS, the citizens Bank and Trust Company, Charlottesville, Virginia,
Depository Bank, has requested that ~substitutions be made'in the collateral held by~
the Peoples ~National Bank, CHar!ottesgille, Virginia, Escrow Bank, under Escrow
agreement dated January 2, 1957 to secure the funds on deposit in the Citizens Bank
and Trust Company of the Couniy of Albemarle, Virginia.
NOW, iSEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albe-
marle County that the Citizens Bank and Trust Company is hereby authorized to pledge
the following:
$50~000.00'U, S. Treasury 3 5/8% notes due 5-~6-61
issued in exchange for
BE IT FURTHER RESOLVED that ~c~oD%es of this resolution-be submitted to the
': Citizens Bank and Trust Company and the Peoples National 'Bank, !'
At the request of the National Bank and Trust Company, the following resolution was offered by
Mr. Sutherland, seconded by ~, Harris, and unanimously adopted:
WHEREAS, the National Bank and Trust Company of Charlottesville, Deposi-
tory, has requested the withdrawal of certain securities held hy the State.Planters
Bank of Commerce and Trusts, Escrow Agent, in accordance with Escrow agreement by '~
and between the National Bank and Trust Company, the Stats-Planters Bank of Commerce
and Trusts, M~ N. Pence, Director of Finance of Albemarle County, and the Board of
Supervisors of Albemarle County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
A!bemarle County, Virginia, that the State-planters Bank of Commerce and Trusts
is ~hereby authorized to release the following;
$25,000.00 County of Albemarle Bonds 1½% due 1-1-59.
BE IT F~THER RESOLVED that copies of this resolution be forwarded to the
National Bank and Trust Company and to the State-Planters Bank of Commerce and
Trusts.
Communication was received from Mr. Hugh F. Simms, Jr., advising that through an error made in
his. office the assessed value of building on property belonging to Mr. Leonard L. Kennedy, Covesville,
Virginia, was calculated incorrectly and that due to the fact that Mr. Kennedy B~d already paid. his 1958
tax~ he was entitled to a refund of $57.00. On motion of Mr. Smith, seconded by Mr. Thraves, it was
ordered that the amount of $57.00 be refunded to Mr. Kennedy.
Communication was received from Mr. Edward Younger advising that through error, he had reported
an autemebi!e on hi~ 1958 tax return which was not ~rarchased until May of 1958. On motion of Mr. Smith,~
seconded by Mr. Thraves, it was ordered that Mr. Younger be refunded the sum of $26~95 tO. adjust over-
payment in this instance.
The Director of Finance submitted Statements ~of F~enses of the Department of Finance, the
Sheriff's Office and the Office of the Commonwealth's Attorney for the month of November, 19~8. On m~Io
of Mr; Sutherland, seconded by Mr. Garnett, these Statements were examined, verified, and approved.
Statement of Expenses incurred in the maintenance of the County Jail for the month of November,
1958, was submitted along with Summary Statement of Prisoner Days. On motion of Mr. Sutherl~nd, seconded
by Mr. Garnett., these Statements Were examined, verified and approved.
Claim of Jail Physician in the amount of $3.00 was presented for the mouther November, 1958,
and on motion of Mr. Harris, seconded by Mr. Smith, was approved for ~$yment.
Reports of the Department of Public Welfare for the month of November, 1958, 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, ~1958, was presented, approved and
ordered filed.
Claim of the University of Virginia Hospital in the'amount of $511.90 was presented and on
motion of Mr. Harris, seconded by Mr~ Sutherland, was approved f~r payment.
On motion of Mr. Garnett, seconded by Mr. Thraves, rules with regardtO second readings were
suspended a~d ~the fell.owing resolution ~nanimously adopted:
BE IT RESOLVED by the Board of CoUnty Supervisors of Albemarle County,
Vi~rginia, that $94,627.40 be and the same is hereby appropriated for operating
expenses of the School Board for the month of January, 1959.
Eommunication was received from Mr. George Gilmer, Attorney, advising that in 1957 he sold 5~
acres in the name of Lee Stark, colored, in the Scottsville District, for delinquent taxes. He futher
stated that although taxes in the Clerk's Office were marked off, 1956 and 1957 taxes had not been exoner.
ated. On' motion of Mr. Harris, seconded by Mr. Garnett, the following resolution was unanimously adopted
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, ~that 1956 smd 1957 taxes on 5.25 acres of real estate, located in the
Scottsvi!le Magisterial District and owned by I. Witkins, formerly in the name of
Lee Stark (colored), be exonerated.
The matter of the assessment of livestock was discussed and on motion ~* N~ w~, ...... ~,
The County Executive advised that the terms of six members of the Planning Commission would
expire on December 31, 1958. After some discussion of this.matter, it was ordered that-'action on this
matter be deferred until 'an adjourned meeting to be held 6n December 1$, 1958.
The County Executive discussed with the Board tHe~amount of Christmas holiday to be granted
County employees. On motion of Mr. Harris,' seconded ~ by Mr. SUtherland, it was ordered that"County offic, s
where possible, close at noon on ChriStmas Eve and re-open on Monday, December 29, 1958, ~
The County ExeCUtive advised that he had received a request from 'the CrOzet Fire Company for
the installation of two additional street lights 'in Crozet, one to be located ~in Wayland Park between
V~nite Hall .Road and the present light and the other to be located on St. George Road between Railroad
Avenue and St. George Avenue. On motion of Mr. Garnett, seconded ~by Mr. Smith, the County Executive was
authorized to contact the Virginia Electric Power Company to determine if these lights could be installed
at' the same time as those which were recently requested by this Board.
Claim against the DOg Tax Fund. was received from Mr. Bernard Wyant for fifteen chickens killed
On motion of Mr. Harris ,~ seconded~ by Mr.~ Thraves, Mr. Wyant was allowed $1.00 for each of thes~
by dogs.
ch&okens.
Claim against the Dog Tax Fund was received from Mr~. T~. B. Bleecker for three ewes killed by
dogs-. On motion of Mr. Sutherland, seconded by Mr. Harris, Mr. Bleecker was allowed $20;00 for each of
these ewes.
Claim against the Dog Tax' fund was received from Mr. Charles L. Mahanes for nineteen pigs
killed by dogs. On motion of Mr. Harris, seconded byMr, Sutherland, Mr. mMahanes was allowed $12.50 for
each of these pigs.
On motion, the meeting adjourned until 2:00 P.M. on Dec~mber I'8, 1958.
. Chamrmam