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1962-01-18 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 January, 1962. Present: Messrs. John W~ Williams, Edgar N. Garnett, H. Ashby Harris, George C. Palmer, II, M. Y. Sutherland, Jr. and Robert Thraves. Absent: None. Officers present: County Executive, Asst. County Executive and Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Mr. Pence. On motion of Mr. Harris, seconded by Mr. Palmer, and ~uanimously carried, ~ John W. Williams was re-elected Chairman, Mr. N. Y. Sutherland, Vice-Chairman$ and Mrs. June T. Moon, Clerk. Minutes of the meeting of Decembers21, 1961, were read and approved. Communication was received from the Virginia Department of Highways advising that effective December 29, 1961, the following addition to the Secondary System was approved by that Department: From the intereection of Route ?ll, 0.3 mile east of its intersection with Route 29, and continuing for a distance of 0.4 mile in a southwesterly direction to dead end, a distance of 0.40 mile. Petition was received, signed by twenty families, requesting black-top and hard surface of 1.3 miles of Route 606, beginning at the Charlottesville-Albemarle Airport and running North. Mr. H. W. Runkle, Resident 'Engineer, advised that this road was not in the current budget and would have to be considered along with other requests. On motion of ~r. Thraves, seconded by Nr. Harris, it was ordered that this petition be referred to the Highway Department with the request that it be given consideration ~n the preparation of future budgets. Plat was received on Section ?, Greenbrier Subdivision, as prepared by Mr. O. R. Randolph and approved by the County and City Planning Commissions. On motion of Mr. Palmer, seconded by Nr. Sutherland, this plat was approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Plat was received for redating Section 6~ Greenbrier Subdivision, as prepared by~r. O. R. Randolph and approved by the County and City Planning Commissions. On motion of ~r. Palmer, seconded by Mr. Sutherland, this plat was approved for redating by the Chairman and Clerk on behalf of this Board. Plat~ was received on redivision of land owned by Leroy W. Snow, located on Route 20, North, as prepared by Mr. T. W. Saunders and approved by the County Planning Commission. On motion of ~r. Palmer, seconded by Mr. Thraves, this plat was approved, and the Chairman and Clerk were authorized to sign same on behalf of this Board. Two plats were received on redivision of land owned by ~r. H. R. Milliman and located on Route 68~, as prepared by Mr. T. W. Saunders and approved by the County Planning Commission. On motion of Mr. Garnett, seconded by~r. Harris, these plats were approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Plat was received on lots 37 and 38 abutting Tilman Road, Glenaire Subdivision, as approved by the Planning Commission. On motion of Mr. Garnett, seconded by Mr. P~mer, this plat was approved and the Chairman and Clerk were authorized to Sign same on behalf of the Board. Plat was received on Section ~, Hessimn Hills, as p~epared by Nr. A~os R. Sweet and approved by the County and City Planning Commissions. On motion of ~r. Sutherland, seconded by ~r. Thraves, this plat was approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Plat was rec&ived on exchange parcels, Hessian Hills, between Cushman Realty & Bldg. Corp. and BarterbroOk Corporation, as prepared by Mr. Amos R. Sweet, and approved by the County and City Planning Commissions. On motion of Nr. Sutherland, seconded by Nr. Thraves, this plat was approved and the Chairman and Clerk we~ authorized to sign same on behalf of this Board. Plat was received on tract "A", Birdwood Farm, owned by C. W. ~iddleton, as prepared by~r. Amos ~. Sweet, and approved by the County and City Plar~ning Commissions. On motion of Mr. Palmer, second ~d Plat was received on redivision of land of Alberene Stone Corporation as prepared by Mr. Pa~l M. Saunders and approved by the County Planning Commission. On motion of Mr. Palmer, seconded by Mr. Garnett, this plat was approved and ~e Chairman and Clerk were authorized to sign same on behalf-of this Board. Plat wqs received on a portion of addition four, Azalea Gardens Subdivision, as prepared by Mr. William So Roudabush, Jr. and approved by the County and City Planning Commissions. On motion of Mr. Sutherland, seconded by~r. Harris, this plat was approved and the Chairman and Clerk were autho- rized to sign same on behalf of this Board. Plat was received on revision of lots 43 and AA, Laurel Hills Subdivision, as prepared by~rl William S. Roudabush, Jr. and approved by the County Planning Commission. On motion of Er. Garnett, seconded by ~. Sutherland, this Plat was approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Plat was received on revision to Lots 15 & 16, Block A, Section 2, Sunnyfields Subdivision, as prepared by Mr. B. Aubrey Huffman and approved by the COunty and City Planning Commissions. On motion of Mr. Sutherland, seconded by Mr. Harris, this plat was approved and the Chairman and Clerk were authorized to sign same on behalf of this Board. Plat was received fo~ redating lot i and lot 2, part of 3.01 acres located on Rio Road and o~aed by Charles Wm~ Hurt, as prepared by Mr. B. Aubrey Huffman and approved by the Cotmty and City Planning Commissions. On motion of Mr. Thraves, seconded by Mr. Palmer, the Chairmanan6 Clerk were authorized to re~e this plat. Plat was received on Section D, Carrsbrook Subdivision, as prepared by Mr. B. Aubrey Huffman. On motion of Mr. Garnett, seconded by Nrc P~mer, this plat was approved and the Chairman an8 Clerk were authorized to sign same on behalf of this Board, all action being subject to signatures of the County and City Planning Commissions. Statements of Expenses of th~ Department of Finance, the Sheriff's Office, and the Office of the Commonwealth's Attorney for the month of December, 1961, were p~esented, and on motion of Mr. Harris seconded by Mr. Sutherland, these Statements were examined, verified! and approved. Statement of Expenses incurred in the maintenance of the County Jail was submitted along with Summary Statement~of Prisoner Days for the month of December, 1961o On motion of Mr. Thraves, seconded by Mr. Sutherland, these Statements were examined, verified and approved. Reports of the Department of Public Welfare for the month of December, 1961, were presented in accordance with Sections 6~-67.1 and 6~-67.2 of the Code of Virginia~ Claim of the University of Virgin. ia Hospital in the amount of $~62.75 for hospitalization of indigent patients, was received, one-half of which is reimbursable by the State. On motion of Mr. Harris, seconded by Mr. Sutherland, this claim was approved for payment. At the request of Mr. Jack Kegley, Attorney, the following resolution was adopted by the following recorded vote: ~%yes - Messrs. Garnett, Harris, Palmer, Sutherland and Thraves. Abstaining Mr. Williams: WHF~EAS, it is the opinion of the Board of Supervisors of Albemarle County, Virginia, that tariff provisions of telephone companies operating in this Commonwealth which purport to exempt said companies from liability for errors and omissions in their telephone directories have a tendency to cause said telephone companies to be lax in their preparation and publication of said directories; and ~HEREAS, in some instances errors or omissions in said directories cause hardships upon individual telephone subscribers, without fault of said subscribers; and ~EREAS such exemptions from liability are Darticularly inequitable since the individual subscriber has no choice as t~ ~ ~ ~~ company from which he will subscribe or the terms of the subscription; and WHEREAS it is the understanding of this Board that agreements or con- tract provisions which exempt persons or corporations from liability for their negligence are normally held to be invalid; NOW, THEREFORE, BE IT RESOLVED that the General Assembly of this Common- wealth is requested to enact appropriate legislation so that telephone companies will be prohibited from avoiding or limiting~their liability for errors or omis- sions in their telephone directories; and BE IT ~XIRTHER RESOLVED that a copy of this resolution be delivered to the Honorable Richard H. ~iddleton, the Honorable E. O. NcCue, Jr. a~ud. the Honorable C. Armonde Paxson. On motion of Mr. Harris, seconded by Mr. Sutherland, rules with regard to second reading were suspended and the following resolution unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County. Virginia,-that the following appropriations be and the same hereby are 'made for' She month of February, 1962, from the funds and for the functions or purposes indi cared: GENERAL REVENUE FUND: For the operation of general~county agencies and services, to be transferred to the General Operating Fund and expended only on order of the Board of Supervisors, as follows: lA Board of County Supervisors 1AA Miscellaneous Services lB County Executive's Office lC Department of Finance 1D Collection of Delinquent Land Taxes 1E Board of Equalization 1F Tax Map 1G County Planning Commission 1H Industrial Advancement & Development 4 Recording of Documents 5A Circuit Court 5B County Court 5C Commonwealth Attorney'S Office 6A Rolicing and Investigating 6C Confinement and Care of Prisoners 7 Fire Prevention and E~tinction 7B Operation of County Dump No. 1 7C Operation of County Dump No~ 2 7E Operation of County Dump No. 4 8D Public Welfare - Lunacy Commission 9 Public Health 11 Advancement of Agriculture and Home Economics 13 Elections 14 Naintenance of Buildings and Grounds 15 General Stores Total Appropriations to General Operating Fund $ 495.00 6,101.35 300.00 5,350.00 --0- 725.00 333.34 5,870.02 550.00 25.00 683.34 6,033.32 1,481.66 579.00 2,155.00 155.00 155.00 2,000.00 1,125.00 -0- 1,925.00 $ 35,842.03 For the operation of the DePartment of Welfare, to be transferred to the Virginia Public Assistance Fund and expended only by the Welfare Board $ 21,068.00 For the operation of Public Schools, to be trans- ferred to the School Fund and expended only on order of the School Board, as follows: 17 Administration 17.1 Instruction 17.2 Evening, Part-Time, Etc. 17.3 Other Instructional Costs 17.4 Co-Ordinate Activities t7.5 Auxiliary Agencies - Transportation of Pupils 17.51 Other Auxiliary Agencies 17.6 Operation of School Plant 17.61 Maintenance of School Plant 17.7 Fixed Charges 17.10 Operating Costs - Jackson P. Burley High School 17.8 Capital Outlay 17.9 Debt Service Total for Operating Public Schools $ 2,570.83 108,400.00 1,525.00 5,100.00 390.00 ' 16,310.00 8,000.00 3,100. O0 200.00 10,000.00 500.00 --0-- $156,095.83 For Scholarships in aid of education, to be transferred to the Scholarship Fund, and ex- pended only on order of the School Board For the operation of the Joint Health Department, to be transferred to the Joint Health Department Fund and ei~oended only on order of the Joint Health Board Total Appropriations from General Revenue Fund D~G TAX FUND: For the protection of livestock and fowl and other operations of the Dog Tax Fund, to be ex- pended only on order of the Board of Supervisors CENTRAL FIRE DISTRICT FUND: For the operation of the Central Fire District, to be expended' only on order of the Board of Supervisors CROZET SANITARY DISTRICT FL~D: For the operation of the Crozet Sanitary District, to be expended only on order of the Board of Supervisors GRAND TOTAL OF ALL APPROPRIATIONS FROM ALL FUNDS $ 7,837.50 $220,843.36 $ 3!7.~0 $ 200.00 $ 1,010,00 $222,370.86 Report of the County Executive for the month of December, 1961, was presented, approved, and ordered filed. Communication was received from Railway Express Agency advising that application of said agency for certificate of public convenience an~ necessity as a restricted common carrier of property by truck from Charlottesville to Newport News, originally set for hearing before the State Corporation Commission on January 16, 1962, had been continued and docketed for hearing on September 12, 1962. Resolution was received from the Franklin County Board of Supervisors requesting certiin legislation regarding salary of school teachers and other school matters. On motion of Mr. Harris, seconded by Mr. Sutherland, it was ordered that no action be taken by this Board with regard to this resolution and the ssme was ordered filed. Num~2ous communications were received from various legislators acknowledging receipt of resolution of this Board With rega~di~o the Blue Ridge and Catawba Sanitorium proposed merger. Communication was received from the Town Council of Scottsville advising that after further consideration and study of the County Subdivision Ordinance, as amended and reenacted, said Council had withdrawn its objection thereto, reserving the right to enact its own Subdivision Ordinance at such time as it might deem advisable. Since several minor aniamdments had been suggested by the City of Charlottesville on which action had been deferred, pending action by the Town of Scottsville, motion was offered by Mr. Palmer, seconded by Mr. Thraves, and unanimously carried, setting lO:00 A.M. on February 15, 1962, as time for public hearing and final adoption of the proposed amended ordinance as it affects the two mile radius of the Town of Scottsville and the three mile radius of the City of Charlottesville and the Clerk was directed to publish due notice of this public hearing. The proposed Sanitation Ordinance, including changes as recommended by Dr. S. D. Sturkie and the Sanitation Ordinance Committee, was again presented and on motion of Mr. Palmer, seconded by Mr. Harris, and unanimously carried, it was ordered that lO:O0 A.M. on February 15, 1962, be set as the time for public hearing and adoption of the proposed Sanitation Ordinance and the Clerk was directed to publish due notice of the public hearing. On recommendation of the County Executive, and on motion of Mr. Sutherland, seconded by Nr. Thraves, rules with regard to second reading were suspended and the following resolution was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle Count~, Virginia, ~at $1,000.00 be and the same is hereby appropriated to the Joint Airport Commission to make funds available for fire insurance premiums now due. On motion of the Thraves, seconded by Mr. Sutherland, the following resolution was unanimously f 92 adopted: WHEREAS, the Council of the City of Charlottesville and the Albemarle County Board of Supervisors met in joint session on February 16, 1961 and after careful con- sideration of a ~eport and recommendation of the Joint Health Board did adopt a joint resolution requesting the State Health Department to permit this County and City to become affiliated with the State Health Department in the same manne~, etc. as most other cities and counties have been permitted to so do, and, WHEREAS, the State Health Commissioner did include in his budget for the next biennium the necessary funds to permit this affiliation and thereby demonstrating his approval of said affiliation, and, WHEREAS, the Board has now been informed that these funds were not in- cluded in the Governor's recommended budget to the General Assembly, and, ~EAS, the Board is of the opinion that this County and City should be afforded the same privileges in this respect that have been granted by the General Assembly to many other Virginia Cities and counties; NOW, THEREFORE, BE IT RESOLVED that the County's representatives in the General Assembly, Senator E. O. McCue, Jr. and Delegate Richard H. Middleton be and they are hereby requested to urge that these funds be restored in the State Budget so that affiliation with the State Health Department can be effective as planned on July l, 1962 and as approved by the State Health Commissioner and by the governing bodies of the City of Charlottesville and the County of Albemarle, Virginia. On motion of Mr. Palmer, seconded by Mr. Harris, the following resolution was tmanimously BE IT RESOLVED by the Board of County Supervisors of Albemarle County, ~i~inia, that the Albemarle County School Board be and is hereby r~commended to purchase an automatic signal to reduce the speed limit at the entrance to McIntire School during the hours when school is taking in and letting out. Communications were received from the Citizens Bank and Trust Company and the National Bank and Trust Company regarding certaih requests for change in escrow. On motion of Mr. Garnett, seconded by Mr. Harris, the following resolutions were unanimously adopted: (1) WHEREAS, the Citizens Bank and Trust Company, Charlottesville, Virginia, Depository, has requested the release of certain securities held by the Peoples National Bank, Escrow Agent, in accordance with Escrow Agreement by and between the Citizens Bank and Trust Company, the Peoples National Bank, M. M. Pence, Director of Finance of the County of Albemarle and the Board of Supervisors of Albemarle County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albe- marle County, Virginia, that the Peoples National Bank be and is hereby authorized to release the following: $5,000.00 Albemarle County 1½% Bonds due January l, 1962. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Citizens Bank and Trust Company and to the Peoples National Bank. (2) WHEREAS, the National Bank and Trust Company, Charlottesville, Virginia, Depository, has requested the substitution of certain securities held by the State Planters Bank of Commerce and Trusts, Richmohd, Virginia, Escrow Agent, in accordance with Escrow Agreement by and between the National Bank and Trust Company, the State Planters Bank of Commerce and Trusts, M. M. Pence, Director of Finance of the County of Albemarle, and the Board of Supervisors of Albemarle County. NOW, THEREFORE, BE IT RESOLV ED by the Board of County Supervisors of Albemarle County, Virginia, that the National Bank be and is hereby authonized to to pledge the following: $200,000.00 U.S. Notes 3-3/4% due August 15, 1964. AND, upon the pledge and delivery of the foregoing, the State Planters Bank of Commerce and Trusts is hereby authorized to release the following: $200,000.00 3-1/4% U.S. Notes due February 15, 1962. BE IT FURTHER 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. The County Executive advised that he had been informed by the Joint Health Department that a rabid fox had been found in Albemarle County. After discussion, the matter was referr~.d to the Hunting Committee consisting of Messrs. Thraves, Sutherland and Harris for study and recommendation at the regular February meeting. Claim against the Dog Tax Fund was received from Mr. Clay M. Peyton for one pig killed by dogs. On motion of Mr. Sutherland, seconded by Mr. Harris, Mr. Peyton was allowed $10.00 for this pig. Claim against the Dog Tax Fund was received from Mr. Arthur Tyree for four hens and one bantam killed by dogs. On motion of Mr. Harris, seconded by Mr. Sutherland, Mr. Tyree was allowed $1~00 for each of these hens and $0.50 for the bantam. The Beaver Creek Project was discussed and the CommonwealtH's Attorney advised that a decision had been made to the effect that since the Beaver Creek Project was in progress at the time the new censes became effective, the CoUnty could proceed with suc~ project without being effected by the population change as set forth in the Statutes. After discussion of the matter, rules with regard to second reading were suspended and the following resolution unanimously adopted; motion by Palmer & G~ BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that $25,000,00 be and the same is hereby appropriated for the Beaver Creek Dam Project and that attorneys be authorized to proceed with acquisition of necessary land, and BE IT FURTHER RESOLVED that the Soil Conservation Service be requested to make effort to retain the amount of Federal Funds set aside in its budget for the Beaver Creek Project for the coming year. On motion of Mr. Sutherland, seconded by Mr. Garnett and muanimously carried, it was ordered that tax tickets for 1962 be printed without rates due to the fact that the tax rate will not be set as early as usual, and furthe~ that insert be printed with rates and mailed with tax bills. Claims against the County amounting to $334.589.54 were presented, examined and allowed and certified to the Director of Finance for payment and charged agai~at the following ftuuds: General F~nd School Fund Dog Tax Fund Crozet Fire District Fund Joint Health epartment ~und Comm. of Virginia Current Credit Account Virginia Public Assistance Fund Scholarship Fund Central Fire District Fund Woblen Mills Sanitary District Special School Capital~Outlay: Scottsville High School Crozet Elementary School Stony Point Elementary School Broadus Wood Elementary School Total On motion, the meeting adjourned. $ 38,105.85 199,438.90 865.80 9.00 6,827.40 64,020.22 19,992.37 136.49 18.96 3.00 1,160.25 52.06 1,222.41 $334,589.54 Chairman rnett: