1954-01-20A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held
at the Office Building of said County on the 20th day of January, 1954.
Present: Messrs. C. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward L. Smith, John W.
Williams and W. W. Wood. Absent: None.
Officers present: County Executive and Commonwealth's Attorney.
The meeting opened with the Lord's Prayer led by Mr. E. H. Bain.
Minutes of the meetings of December 16, 1953 and January 7, 1954 were read. It appearing
from a reading of the minutes of the meeting of December 16, 1953 that the $inutes do not clearly ex-
press the intention of the Board as to the policy for the 1954 reassessment of real property in Elbe-
marle County. Upon motion, made by Mr. Bain and seconded by Mr. Williams, it was RESOLVED that the
minutes of the meeting of December 16, 1953, be corrected to read as follows:
J Mr. Williams offered a motion that this Board recommends to the Board of Assessors that
real property be appraised at the 1954 fair market value and that the 1942 level of
values be used as a basis for listing real property for the reassessment, which motion
was seconded by Mr. Harris.
Upon motion, made by Mr. Bain and seconded by Mr. Williams, it was ordered that opinion of
the Attorney General regarding the foregoing matter be spread in the minutes of the Board, said opinion
which follows:
December 14, 1953
Honorable Dov~ning L. Smith
Commonwealth's .Attorney for Albemarle County
309 County Office Building
Charlottesville, Virginia
Ny dear Mr. Smith:
This is in reply to your letter of December 9, 1953 in which you ask whether
the Board of Assessors for a reassessment of real estate in Albemarle County should
be appointed by the Judge of the Circuit Court of Albemarle County or whether the
Board may be appointed by the Board of Supervisors.
I concur with your opinion that S. !5-288(d) is the controlling statute on
this question since Albemarle Couuty has the County Executive form of goverl~ent.
The great preponderance of authority is to the effect that when there is a conflict
in the provisions of a special or local act and the g~neral law on the subject, the
special act is controlling. ~
Section 15-288(d) of the Code provides:
"(d) Real estate reassessments. - Every general reassessment of real estate
in the county, unless some other person be designated for this purpose by the board
of county supervisors in accordance with S. 15-281 or unless the board shall create
a separate department of assessments in accordance with S. 15-287 shall be made by
the director of finance; he shall collect and keep in his office data and devise
methods and procedure to be followed in each such general reassessment that will~ake
for uniformity in a~sessments throughout the county."
It is my opinion that the Board of Assessors for Albemarle County should be
appointed by the Board of Supervisors, and that if the Board of Supervisors does not
appoint such a board, then the Director of Financ~ shall make the reassessment in
Albemarle County.
You also ask my opinion on the following question:
"In the event that a Board of Assessors is appointed and the assistance of the
Department of Taxation is secured in making the general reassessment, would it be
necessary for the Board of Assessors to view every piece of property assessed? Would
it be permissable to have the Department of Taxation experts view the property, and
the information obtained by them be reviewed by the Board of Assessors, an~ the final
decision for the reassessment be made by the Board of Assessors?"
Section 58-795o1(a) is as follows:
"(a) In any year in which A general reassessment of real estate in any county
or city is to be made, the State Department of Taxation within the limits of such
appropriation as may be made therefor, shall make an appraisal of the real estate in such
county or city if the Department does not have available to it sufficient information
to determine accurately the values of such real estate. After completing the appraisal,
the Department of Taxation shall make the same available to the governing body of the
county or city for such use as the governing body deems proper."
It is my opinion that, under this provision, the Board of Assessors may use
the information made available to them by the Department of Taxation and if the Board
in its opinion can make a fair and accurate assessment from this information, coupled
with whatever other information it has, it may make ~uch assessment without actually
viewing each piece of property.
With best wishes, I am
Very sincsrelyyours,
(Signed) J. Lindsay Almond, Jr.
16:22
J. Lindsay Almond, Jr.
Attorney General
Mr. Williams nominated Mr. C. Purcell McCue as Chairman, which nomination was seconded by Mr.
Harris. Upon motion, made by Mr. Bain and seconded by Nr. Harris, nominations were closed. Mr. McCue
was unanimously elected as chairman for the year 1954.
Mr. Smith nominated Mr. H. Ashby Harris as Vice-Chairman. Mr. Harris nominated Mr. W. WU Woo~
as Vice-Chairman. Upon motion, made by Mr. Williams and seconded by Mr. Bain, nominations were closed.
The following is ~he recorded vote on the foregoing nominations. Mr. McC~e - Harris, Mr. Bain - Harris
Mr. Harris - Wood, Mr. Smith - Harris, Mr. Williams - Harris, and Mr. Wood - Harris, with Mr. Harri~
being elected as Vice-Chairman.
Upon motion, made byMrl Williams and seconded by Mr. Bain Mrs. June T. Noon was unanimously
elected as Clerk of the Board.
Upon motion, made by Mr. Bain and seconded by Mr. Smith, the following resolution was unani-
mously adopted:
WHEREAS, at an informal meeting of the Albemarle County Planning Com-
mission and the Board of County Supervisors held on October 29, 1953, and upon
previous request by these two bodies, a committee from the Highway Department
consisting of Mr. C. S. Mullen, Chief Engineer and Assistant Commissioner, Mr.
A. H. Bell, Chief Locating Engineer, and Mr. D. N. Huddle, Assistant Location
and Design Engineer, appeared ~to explain the findings in a study made by the
Highway Department to determine the most practical location to use in construc-
ting Route 250A and Route 29 from Route 29 north of City of Charlottesville to
Route 250 West,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that this board does hereby go on record as apprec-
iating the consideration given their request and the information given them by
the committee from the Highway Department.
Upon motion, made by Mr. Williams and seconded by Mr. Bain, the folloWing resolution was
uuan~mously adopted:
WHEREAS, the Commonwealth of Virginia, through the Department of Highways,
has prepared and submitted plans to the Board for the construction or improvement of
a section c~Routes 671 and 665 of the State Secondary System, Project 1302-10-15,
in Albemarle County, from Int. Rt. 614 (Near White Hall) to 0.050 Mil. W. Int.Rt.
609 (W. of Free Union), approved August 6, 1952; and
WHEREAS, it is proposed to finance the cost of construction fifty percent
~rom Federal Aid Secondary funds and fifty percent from State funds allocated te
Albemarle County; and
WHEREAS, it is the desire of this Board that said road be improved in ac-
cordance with said plans.
NOW, THEREFORE, BE IT RESOLVED: That this Board hereby approve~ the plans
and requests the Department of Highways to proceed with const~ction in accor6ance
with these plans, and this Board hereby agrees to and does guarantee a 40 foot unre-
stricted right of way as indicatedoor noted on said plans, together with the right
and easement to use such additional areas as may be required for the proper execution
and maintenance of the work as indicated on plans, it being understood that incidental
costs such as moving and resetting existing fences, houses, structures, utilities, or
other obstructions of such nature, are to be paid from Secondary Funds allocated or
to be allocated to Albemarle County.
It is further understood and agreed that in the ~vent one or more property
owners refuse to execute a deed covering land required from their properties for
right of way p~rposes, this Board hereby authorizes the Commonwealth of Virginia, De-
partment of Highways, to institute condemnation proceedings and agrees to pay from
funds allocated or to be allocated to Albemarle County all costs in connection there-
with, including awards of commissioners.
Petition was received requesting hard surfacing on Route 712 near Keene. 'Upon motion, made
by Mr. Harris and seconded by Mr. Bain, this petition was accepted and referred to Mr. Shields, Resmden~
Petitions were received requesting the inclusion in th~ Seeondary~J~Road System of road begin-
ning at Route 6~5 and also of road connecting Old Lynchburg road with Cherry Avenue and were ordered
referred to Viewers.
A large delegation appeared and requested har~ surfacing ef Route 663 to connect with Route
863. Mr. Shields adVised that this road had not been programmed because of insufficient funds.
The request of J. F. Bell to abandon that por$ion of Route 656 on his property which is no
longer used due to relocation of this Route was agai~ presented to the Board. Mr. E~hields advised that
when a road is no longer used, the same goes ba~k~to the owner. The Board felt that a motion was
ne6essary and Mr. Shields advised that he would prepare such a motion for the Board for the next regula~
meeting.
The following applications having beene'made to the Board of County Supervisors to a~prove of
the placing of the roads as described in the applications in the Secondary System, it is hereby ordered
that Messrs. A. To Durrer, A. Gaines Fray, C. C. Waldo, Hugh N. Clark and J. Go Whit~ III, resident free-
holders of this County, any three of whom may serve, be and they are hereby appointed viewers whose dut
it shall be to examine such roads and report upon the expediency of establishing same; they shall, as
soon~J~as practible after receiving this order, proceed to make the views, and may examine other routes
and locations than the ones proposed, and if of the opinion that there is a necessity for establishing
public roads, they shall locate the same, return a map or diagram thereof, with a report to the Board
stating locations of such roads, the convenience and inconvenience that will result as well as to~the
individuals as to the public, whether said roads will be of such mere private convenience as to make it
proper that t~ey Sho~ be opened, established, and kept in Order by the person or perseus for whose
convenience they are desired, whether any yard, gardens, or orchard will have to be taken; the names of
~he landowners of such roads, which of such landowners will require ¢ompensation!~ what will be a just
compensation to the landowners requiring compensation for the land so taken, and for the damages of the
residue of the tract, if any, beyond the peculiar benefits to be derived in result to such residue from
~'he roads to be established; and all other facts and circumstances in their opinion useful in enabling
the Board to determine its e~pediency of establishing such roads, and they shall file such repSrt with
the Clerk ef this Board;
In the event that some of the landowners do not require compensation and they will execute
written consent, giving the right of way in question, the said Viewers shall obtain such consent and
return it with their report;
P~ided, however, that the Chairman of the State Highway Commission, sometimes called the
State Highway Commissioner, shall forthwith be notified and made a party to these proceedings, ~nd that
he shall likewise be notified of the time and place of the meeting of the Viewers herein designated:
(1) Extension of 0.3 mile ~f Route 672 from "end of state maintenance" sign 200 feet west of Leonard
(Jack) Via' s residence.
(2) Road beginning at the north side of Lacy Hutchinson's property on Little High Street and ending at
the east side of Eugene Pugh's property on ~yrtle Street (in Crozet), a distance of .0~ mile.
(~) That portion of Route 692 (from North Garden to Batesvi!le) by the property of E. R. Sutherland
which was abandoned after relocation of 692 some years ago, a distance of approximately .25 mile.
(~) Road lying between Routes #663 and 66% which bears in a southerly direction from Eoute #663 about
one-half mile east of the intersection of Routes #66~ 66~ and 810.
(5) Road beginning at Route 6~5 where Route 608 joins 6%5 and ending where Meyer private road joins
proposed road, a distance of approximately 3/5 mile.
(6) Road beginning at o!d~/~L~chbur~ Road South and ending at Cherry Ave. N.E. a distance of .one mile.
The following letter was received and ordered spread in the minutes:
Crozet, Virginia
January 19, 195~
Dear Mro ~ence:
This is to advise you that I sha~taccept the offer for damages to
orchard and trees, as authorized by the Board of Supervisors at their meeting
2??
Mr. Pence presented to the Board claims of Ray Wo Warrick for water furnished the Crozet Sani-
' · from J. T. Henley for work inconnection with the emergency water line, from the Virginia
tary Dzstric~,
Electric & Power Co. for electric service in connection with the emergency water supply, from Wiley and
Nilson for e~gineering services and also aalled the Board's attention to the fact that bonds and interes~
on Crozet Sanitary District Bonds would be due on February 1st, and advised further that arrangements
zhould be made for the payment of the foregoing items. The Commonwealth's Attorney recommended the pay-
ment of bonds and interest thereon, Ray N. Warrick, J. T. Henley and the Virginia Electric & Power Co.,
and non-payment of Wiley & Wilson at the present, and stated that in the Board's answer to bill ~hatZit
should ask for the guidance of the Court. Upon motion, made by Mr. Bain and seconded by Mr. Williams,
it was ordered that the recommendation of the Commonwealth's Attorney be followed and that the bonds ands
interest be paid out of the 1953 levy of $1.00 in the Crozet Sanitary District. Upon motion, made by Mr.
Bain and seconded by Mr. Smith it was ordered that sufficient funds be appropriated from the General
Fund to liquidate the balance of Crozet Sanitary District F~nd accounts. Upon motion, made by~r. Bain
and seconded by Mr. Smith, Mr. Pence was authorized to transfer the remainder of the $100,OOO.O0 hereto-
fore authorized, namely $6,000.00.
Upon motion, made by Mr. Williams and ~econded by Mr. Wood, the following resolution was unani~
mously adopted:
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that $2,052.00 be and is hereby transferred from Unappropriated Reserve
of the General Fund to be used for increases previously approved for the six month
period ending June 30, 1954 of certain officers and employees of the Department
of Finance and Sheriff's Office.
Upon motion, made by Mr. Williams and seconded by Mro Harris, the following resolution was
unanimously adopted:
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that representatives of this district in the General Assembly be re-
quested to introduce and urge the passage of a bill to empower the Governor of
the Commonwealth to declare the existence of an emergency in the event of drought
periods, so as to close the woods of the Commonwealth~to hunting, camping, and
other activities which may result in the destruction of life and property and be
detrimental to the public welfare.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to
representatives of this district in the General Assembly.
Communication was received from the Auditor of Public Accounts advising that according to the
receipts of the County handled by the Director of Finance during the year 1953, the bond of the Director
of Finance was deficient in the amount of $68,209.~7 and should, therefore, be increased. Mr. Pence
stated that he felt an additional $75,0009~O0 would cover the amonnt of receipts for the coming year.
Upon motion, made by Mr. Williams and seconded by Mr. Harris, it was ordered that the bond of the Diractc
of Finance be increased in the amount of $75,000.00.
Nrc M. ~. Pence, Director of Finance, submitted a Statement of Expenses of the Department of
Finance for the month of December, 1953, of which one-third is to be borne by the State. Upon motion,
duly made and seconded, this Statement was examined, verified and approved.
Mr. N. M. Pence, Director of Finance, submitted a Statement of Expenses of the Sheriff's Of-
fice for the month of December~ 1953, two-thirds of which to be borne by the State. Upon motion, duly
made and seconded, this Statement 'was examined, verified and approved.
Mr. M. M. Pence, Director of Finance, submitted a Statement of Expenses of the Commonwealth
Attorney's Office for the month of December, 1953, one-half of which to be borne by the State. Upon
motion, duly made and seconded, this Statement was examined, verified and approved.
Statement of Expenses inc~red in the maintenance of the the County Jail, along with a Summary~
Statement of Prisoner days, was submitted. Upon motion, duly made and seconded, this Statement was
examined, verified and approved.
Claim of Dr. Richard T. Ergenbright, Jail Physician, in the amount of $?o00, was presented,
and upon motion of Mr. Williams, seconded by Mr. Smith, was approved for payment.
Reports of the Department of Public Welfare for the month of December, 1953, were presented
in accordance with Section 371 of the 1950 Acts of the General Assembly and on motion of Mr. Williams,
seconded by Mr. Smith, were accepted.
Claim of the University of Virginia Hospital in the amount of $356.00 of which one-half is
due by the County, was presented and upon motion of ~r. Williams, seconded by Mr. Harris, was approved
for payment.
~.i~Report of the County Executive for the month of December, 1953,was presented, approved, and
ordered filed.
Report on inspection of the County Jail for the month of December, 1953, was received from
the Department of Welfare and Institutions and was ordered filed.
Communication was received from the Auditor of Public Accounts advising that the report on
audit of accounts and records of the County of Albemarle for the fiscal year ended June 30, 1953, as
prepared by Mu~selman and Drysdale, Certified Public Accountants, had by accepted by his office.
Mr. Pence advised the Board that the Commonwealth's Attorney had approached, him regarding
recovery of damages from Murray Lee Winebarger in connection with damage to county car No. l0 driven
by Deputy Sheriff Co R. Marshall. Upon motion, made by Mr. Bain and seconded by Mr. Williams, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the Commonwealth's Attorney be and is hereby authorized to institute
suit against Murray Lee Winebarger of Schuyler, Virginia for recovery of damages to
car no. l0 owned by the County of Albemarle.
Resolution was received from the Board of Supervisors of Bedford County urging the Board to
go on record and advise its representatives that it opposes any and all attempts to weaken the adminis-
tration of the assessment of personal property tax by the repeal of penalty for late filing of same.
The Board felt that said~penalty should not be removed but further felt that action on this matter
was unnecessary.
Request was received from the State Chamber of Commerce for an increase in the County's
annual subscription from $75.00 to $150.00. No action was taken on this matter.
The Commonwealth's Attorney reported that an appropriation to the Monticello Guerds for the
purchase of uniforms was legal but recommended that such appropriation be made to the Monticello Guards
rather than its trustees. Mr. Williams recommended the Chairman appoint a committee ~o work with a lik
committee from the City Coumcil to contact the Jefferson Memorial Foundation in an effort to obtain
funds from that organization. The Chairman appointed Mr. Bain and Mr. Williams to serve on this com-
mittee.
Mr. Pence requested the Chairman to appoint a Committee to meet with city officials in an
effort to obtain seFeral parking spaces in front of the County Office Building to be used by citizens
of the Couhty who wish to transact business in said Building and also several additional~ parking spaces
by the Court House to be used by Deputy Sheriffs. The Chairman appointed Mr. Smith, Mr. Williams and
Mr. Pence to serv~:en this committee. Mr. Pence was also requested to write a letter to Mr. James E.
Bowen, Jr., City Manager, regarding this request.
Mr. Pence was requested to write letters of appreciation on behalf of the Board of Super-
visors to all persons who helped with the emergency water line in the Crozet Sanitary District during
the drought period.
279
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the Governor of Virginia be and is hereby requested to appoint a
committee to study and make recommendations regarding the public education system
in Virginia in the event that the Supreme Court of the United States rules segre-
gation illegal.
BE I~ FURTHER RESOLVED that copies of this resolution also be forwarded
to representives of this district in the General Assembly.
Claim against the Dog Tax Fund was received from Mr. C. Nelson Beck for one ewe killed by dogs
Upon motion, made by Mr. Bain and seconded by Mr. Wood, Mr. Beck was allowed $20.00 for this ewe.
Claim against the Dog Tax Fund was received from Mrs. N. A. Donnally for ~o henskilled by
dogs. Upon motion, made by Mr. Smith and seconded by Mr. Bain, Mrs. Donnally was allowed $1.00 for
these two hens.
Claim against the Dog Tax Fund was received from Mr. S. A. Jessup for on 10-day eld calf kille$
by dogs. UpSn motion, made by Mr. Williams and seconded by Mr. Bain, Mr. Jewsup was allowed $15.00 for
this calf.
Claim against the Dog Tax Fund was received from Mr. M. Y. Sutherland for one 1-day old calf
killed by dogs. Upon motion, made by Mr. Williams and seconded by Mr. Wood, Mr. Sutherland was allowed
$15.00 for this calf.
Claim against the Dog Tax Fund was received from Mr. James B. Murray for four ewes killed by
dogs. Upon motion, made by Mr. Bain and seconded by Mr. Williams, Mr. Murray was allowed $16.00 for
each of these ewes.
Claim against the Dog Tax Fund was received from Mrs. Agnes M. Bibb for twenty-two hens killed
by dogs. Upon motion, made by Mr. Bain and seconded hy Mr. Wood, ~irs. Bibb was allowed $1.25 for each
of these hens.
Claim against the Dog Tax Fund was received from Mr. Jack Clark for five ewes killed by dogs.
Upon motion, made by Mr. Wood and seconded by Mr. Bain, Mr. Clark was allowed $20.00 for each of these
ewes.
dogs.
this pig.
Claim against the Dog Tax Fund was received from Mrs. R. C. Garlick for one pig killed by
Upon motion, made by Mr. Wood and seconded by Mr. Smith, Mrs. Garlick was allowed $10.00 for
Claim against the Dog Tax Fund was received from John T. Twyman, Jr., for seven hens killed
Mr. Bain and seconded by Mr. Wood,
by dogs. Upon motion, made by/Mr. Twyman was allowed $1.25 for each ~f these hens.
Claim against the Dog Tax Fund was received from Percy R. Abell for one ewe killed by dogs.
Upon motion, made by Mr. Bain and seconded by Mr. Wood, Mr. Abell was allowed $20.00 for this ewe and
was ordered that the check he drawn jointly to Mr. Abell and Home Insurance Company due to the fact
that Mr. Abell had this ewe insured with said Co~panyZ
Claim against the Dog Tax Fuud was received from Mr. W. F. Via for one ewe killed by dogs.
U~n motion, made by~r. Smith and seconded by Mr. Bain, Mr. Via was allowed $20.00 for this ewe.
Claim against the Dog Tax Fund was received from M. Y. Sutherland, Jr. for one lamb killed by
dogs. Upon motion, made by Mr. Wood and seconded by Mr. Bain, Mr, Sutherland was allowed $5.00 for
this lamb.
Claims against the Co~nty amounting to $175,$47.63 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 Sanitary District Fund
Joint Health Fund
Albemarle Central High School Constr. Fund
$ 27,250.~1
94,547.27
228./,0
793.47
4,381.94
1'7,392.71
(Cont'd.)
Commonwealth of Virginia Current Credit Account
Dog Tax Credit Account
Total
Upon motion, the meeting adjourned.
$ 71,249,75
$175,847.63
C~airman
i