1954-03-17287
A regular meeting of the Beard of County Supervisors of Albemarle CoUnty, Virginia, was held
at the Office Building of said County on the 17th day of March, 195~.
Present: Messrs. O. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward E. Smith, John W.
Williams and W. W. Weed.
Absemt: None.
Officers Present: County Executive and Commonwealth's Attorney.
The meeting opened with the Lord~'s Prayer led by Mr. E. H. Bain.
Minutes cf the meeting ef February 17, 195~, were read and approved.
Mr. M. M. Pence, Director of Finance, submitted a Statement of Expenses of the Department of
Finance for the month of February, 1954, 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. M. M. Pence, Director of Finance, submitted a Statement of Expenses of the Sheriff's
Office for the month of February, 1954, of which two-thirds is to be borne by the State. Upon motion,
duly made and seconded, this Statement was examined, verified and approved.
Nr. M. M. Pence, Director of Finance, submitted a Statement of Expenses of the Commonwealth
Attorney's Office for the month of February, 1954, of which one-half is to be borne by the State.
Upon motion, duly made and seconded, this Statement was examined, verified and approved.
Statement of Expenses incurred in the maintenance of the County Jail, along with 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 $19.00 was presented
and upon motion, made by Mr. Weed and seconded by Mr. Bain, was approved for payment.
Report of the County Executive for the month of February, 1954, was presented, approved, and
ordered filed.
Mr. Pence advised the Board that thought should be given tethe employment of an auditor for
t~e current year so that whomever is employed would be given sufficient time to schedule the audit.
Upon motion, made by Mr, Williams and seconded by Mr. Harris, it was ordered that the firm of Nusselman
and Drysdale be employed to audit the accounts and records-of the County for the~current year.
Reports~of ~the Departmen% of Public WeLfare for the month of February, 1954, were presented
in accordance with Section 371 of the 1950 Acts of the General Assembly.
Claim of the University of Virginia Hospital~ in the amount of $2,3.52..00, of which one-half
is to be paid by the County,' was presented and upon motion, made by Nr, Williams and seconded by Mr.
Wood, was approved for payment. ,,
Mr. Bain reported that his committee contacted the landowners on Route 665 who had been un-
willing to give the~necessary rights of way in connection~wtth the Federal Aid Project on that Route
and that the rights of way had been obtained. ·
The following applications hawing, been made %,~the Board of County Supervisors to approve of
the p~acing of the roads as described ~in the applications in. the Secondary System, it .is hereby ordered
that Messrs,. A. T. Duffer, A. Gaines Fray, C. C. Wade, Hugh N. Clark and J. G. White III, resident free
holders ef 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 as practible after receiving this order, proceed to make the views, and may examine ether 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 and to the public, whether said roads will be cf such mere private convenience as to make i
proper that they should be opened, established, and kept in order by the person or persons for whose
convenience they are desired, whether any yard, gardens, or orchard will have to be taken; the names of
the landowners ef such reads, which of such landowners will require comPensation, what. will be a just
compensation to· the landowners requir' ~ compensation for the land so taken, and for the damages of the
residue ef the tract, if any, beyond the peculiar benefits to be derived in'result t° such residue from
the roads to be established; and all other facts and circumstances in thei~~ opinion useful in enabling
~he Board to determine its expediency of establishing such reads, and they shalI~ 'file such report with
the Clerk of this Beard;
In the eveners/that some of the landowners do net require compensation and they will execUte
written consent, giving the right of way in question, the said Viewers shaII obtain such consent and
return it with their report;
Provided, 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, and that
he shall likewise,be notified ef the time and place of the meeting of the Viewers herein designated:
(1) Road beginning en Route 743 at Clover Hill Farm and continuing for .75 mile to
the James B. Murray 1property line.
(2) Road beginning at the Hearth on the n~rth side of Route 250 East and continuing
to the north east for-a distance of approximately .3 mile.
(3) Road beginning- at Monticello_ Road and continuing through Sub-Division known as
Knoll Terrace for a distance of .03 mile and- ending on Me~ticello.'Road.
Upon motion, made by Mr. Williams and seconded by Mr. Harris, it was ordered that in the f~utur
no read applications will be viewed which are not received a~. er before the March Board meeting, but wil
be held over nntil the next year.
Upon motion, made by Mr. Bain and seconded'by Mr. Wood, the following resolution was unani-
mously adopted:
WHEREAS, the Board of County Supervisors of Albemarle C6unty and the City
CoUnCil of the City of Charlottesville hAVe heretOfore resolved to construct jointly
the Charlottesville-Albemarle Airport near Earlysvi!le in Albemarle County, Virginia;
WHEREAS, it is necessary for that purpose that the City of Charlottesville
and County of Albemarle Jointly acquire certain additional land at that location;
NOW, THEREFORE, ~BE IT RESOLVED that the Joint Airport Committee of the.
Board of County Supervisors of Albemarle County amd the City Council of Charlottesville
~ ~ be and it hereby is authorized and directed to make offers to the present owners of the
H. C. Fermeyhongh 4.70 acre tract as shown on a plat of O. R. Randolph, dated November
16, 1953 recorded in the County Clerk's Office inD. B. 309, p. 367, for the 4.70 acres
and a telephone line right of way as shown en said plat at a price to be fixed by said
Committee.
AND'BE IT FURTHER RESOLVED, that, in the' event that Said offer hereby authorized
is not accepted' and the attempt to purchase shall be ineffectual, the Commonwealth's
Attorney be and he hereby is directed to proceed, with the City Attorney ef Charlottes-
ville, to prepare and file the necessary ~egal proceedings to condemn in fee simple the
said land and easement and to prosecute said proceedings as soon as practical.
The following rese!utien was received from the Albemarle County Planning Commission:
"BE IT RESOLVED that the Board ef County Supervisors be requested to thank the Peoples
National Bank for their contribution te the beautification of the Route 250 By~Pass
through the planting of evergreens and flowering shrubs along the right of way of said
road."
Upon motion, made by Mr. Williams and seconded by Mr. Harris, the following resolution was
unanimously adopted:
BE IT RESOLVED by the Board of Cenn~-% Supervisors of Albemarle County, Virginia,
that this Board does hereby commend the Peoples National Ba~ of Charlottesville for
its civic spirited centributiom ef beautifying the Route #2~ Distribution Read, an
undertaking which will c~ntribute materially to the-enjoyment of the citizens and re-
The following resolution was also recei~ from the Albemarle County Planning Commission:
"The Planning Commission indorsew the ideas of the group proposing to locate the
Blind S~hool in Aibemarle County on th~ State ownedtand off RouGe 29, South of
the' City of Charlottesville. They recommend that the Board of Supervisors urge
and encourage' the location of the~B.hool here."
to appoint
The Chairman was'requested/a'cemmittee-to meet with Mr. Watts of the Virginia Commission for the Blind
to ur~'":that ~the school-be located here. The following were appointed to serve on this Committee:
Messrs. Williams, Bain and Smith with Mr.. Pence as ex-officio member.
CommUniCation was received from the Peoples National Bank requesting release of $200,000.00
U. S. Tr~asmry-2-3/4% bonds which were pledged during the tax season. Upon motion, madle-byMr, Smith'
and seconded by. Mr. Williams, the following resolution was unanimously adopted:
WHEREAS, the Peoples National Bank, Depository, has requested that re-
.leaSe be made of $200,000.00 in U. S. TreasurY 2-3/4% bonds due 12/15/65-60, in
the collateral held by the First'& Merchants National Bank o$-Richmond, Virginia,
Escrow Agent,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, virginia, that theFirst and Merchants National Ba~2, Escrow
~gent, be and is hereby authorized'to release to the Peop!~s National .Bank, the
following securities:
$200,000.00 U. S. Treasury 2-3/4% Bonds due 12/15/65-60, #18481/2.
BE IT FURTHER RESOLVED that copies' of this resolution be submitted to
the Peoples National Bank and to 'the First & Merchants National Bank.
Mr. Pence advised the Board that in regard to the request from the Extension Division ia
Blacksburg for an increase of $380.00 in the salary of Mrs. Ruth Burruss Huff, Home Demonstration Agent
he had contacted Mr~T. O. Scott and had been advised that an appropriation by the County would reduce
the State's appropriation. Ne action wastaken on this matter.
Pursuant to Sectioms 15'282(2) and 15-300 of the ~950 Code of Virginia, Mr..M. ~. P~nce pre-
sented to the Board his proposed budget~fer the year1954-55."~After some discussion of the Budge~,
motion was made by Mr. Bain and_seconded by~r..Williams~-ordering that a synopsis of the proposed
1954-55 Budget be advertised in th~ Daily Progress in accordance with the Eaw and April 21, 1954, at
lO:O0 A.M. was set as the time for public hea~ing on same.
Mr. PenCe advised the Board that his attention had been called to the fact that persons in
the County had requested appointments as agents for selling fishing and hunting licenses, This matter
was discussed and upon motion, made by Mr. Bain and seconded byMr. Smith, was tabled.
Communication w~S received from I. T.'Quinn, Executive Director of the Commission of Game
and Inland Fisheries, advising'that said commission would hold its annual meeting in-Room 100, at 7 N.
Second Street, Richmond, Virginia, beginning at 9:~0 A.M. ohM arch 26,~.1954, and extending an invitat-
ion to the Board to attend-.
The following letter was received from the~Albemarle League of Good Government-an~ Taxation:
"The Board of County Supervisorsof
Albemarle County
Albemarle County OfficeBuilding
Court~S~uare
Charlottesville, Virginia
March 16,-t954
Gentlemen:
The Albemarle' League of Geed' GoV~rr~ent and Taxation, at its~meeting on 8
March, 1954, heard ~a report en the objections raised by Mr. J. R. Wingfield and
others to the methods proposed to be used by you in the general reassessment of
real estate beingundertaken in the county in the calendar year 1954.
A resolution was adopted by the Albemarle League o£' Good Government and
Taxation following this~report~'and I' have been directed t~ forwardtha% resOlu-
tion to you. It is in the following ~erms:
'Whereas., the Board of County Supervisors has undertaken to employ two
personS'from the..St~te Departmen~.of Taxation ~o~vieWan~'te'report ~st~imates of
290
value on all real-estate in Albemarle Coun%y~,~in conne~t~on~wit~h..the general~ re~~
assessment of real estate in the county directed to be undertaken in the calendar
year 1954, and,
.Whereas, doubt as to the wisdom andva!idity of the proposed, method of-general
reassessment has been expressed, and full statements of the respective positions
of the proponents and opponents ef the proposed method have. beemmade to this group.
New, Therefore, $,~I~ Resolved that this organization record by this Resolutiom
its doubt ef the wisdom and validity ef the proposed method and its opposition to that
method, for the following reasons.
1. The proposed method of having the two emplOYed experts operate independently,
each viewing separate property, will not result in a fair and equitable.assessment of
all real property i~ the county, because of difference of judgements 'and values as
between the two men, which differences can~be resolved only byhaving the persons who
perform the appraisal junction View all property appraised~
2. The section of the Code of ~irginiaof 1950 which appears to grant authority
to the county to hire such experts, namely, 58-'794, limits these expe~ts te rendering
"Advisory aid and. assistance", and the proposed method of handling 'the general re-
assessment will result in a report of value of the ~real estate to the "Board ef
Assessors", which report of value will almost inevitableybe accepted without question
by the "Board of Assessors." Further, 58-790 directsthat the assessors shall "Examine
all lands and lots assessable" by them in the general reassessment; under the proposed
method the Assessors will not examine all lands and lots assessable by them but will
receive reports efvalue from the employed-experts,
3. The law directs that in any cou~tywhere no Department of Assessments is
established by the Board ef County Supervisors, the. general reassessment shall be made
by the'Bi~te~ of Finance of the County, unless the Board ef County Supervisors shall
appoint some other person te make the general reassessment. It does not appear that
the proposed method would comply with this section of the law.
4. The use ef 58-795, I, as authority for the employment of persons from the
State Department of Taxation does not seemte be Justified, in that this section
grants authority to the State Departmemt of TaXation, under certain circumstances, te
"make an appraisal of the real estate-in such county----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 gever~img bodyof such.eounty--'-for such use as the governing
body deems proper." It further appears thai.this seetienis intended, te be used i~
cases involving eligibility of the various-counties ina~y State equa!i~ation fund.
It is not our understanding of the proposed me~hodthmt the State Department
of Taxation is making this reassessment and thenmaking the same available to the Board
of County Supervisors, but rather that the Board of County Supervisors has employed two
men to view and appraise all property to be reassewsed in the County.
AND BE I-T FURTHER RESOLVED, that this organization u~ges the Board of County Super-
visors to conduct the general reassessmentby~theuse of qualified freeholders ef the
County of Albemarle, possessed~ef a thorOugh_knowledge of~ the county and ef the values
incident to location, use, and ether.factors, review and assess all real property in
the~ceunty~ and by'appointing a Board of Equalization whic~may affort a remedy to the
tax, yeT who feels he has been aggretved'im erie assessment without forcing that ~ax-
payerto bring suitin the courts."
Respectfully submitted,
(Signed) Joel M. O~ehran
~tiairman"
The Commonwealth's Attermey reaffirmed his opinion as to the legality of the procedure b~ing followed
in the general reassesament-and read to the Board an~opinion of the Attorney General,-the order of the
Judge of the Circuit Court and a-formletter being circulated by the Board of. Assessors. Mr. J. R.
~Ningfield and Mr. W. B. Christian appeared insuppert of the stand taken by the League .of Good Govern-
ment and Taxation. Upon motion, made.byMr~ Bain and seconded by Mr. Williams, it was.ordered that the
opinion, court order and communication read by the Commenweatth!.s Attorney be spea~ .upon the minutes
and Mr. Pencewas directed te acknowledge receipt of the letter of the League and te advise that this
matter has been thoroughly investigated by the Board and that the Board feels confident that its action
is correct and further, that if~theLeague has any further suggestions as to procedures in this matter,
the Board would be glad to hear from them.
(1) ,,CO T
"It being suggested to the Court that a general reassessment of real estate in Albe-
marlo County in 1954, is required by Section .58-784 as amended.
It appearing to the~Court that some questiom has. arisen as to whether these assessors
should'be appointed by the Board pursuant to Section t5-288(d) of the Code or whether
the Court should appoint assessors pursuant, to 3ection 58,787 of the Code.~ It further
appearing to the Court that the Board of Supervisors should appoint the assessors and
the Board has so appointed Hugh N. Clark,~A. G. Fray and F. D. Clark to make the general
reassessment in 1954.
NOW, THEP~EFORE,the Court doth appoint and 'confirmHughN. Clark, A... G. Fray and F. L.
Clark as a Board of Assessors to make the general reassessment of real estate in Albe-
(2) O?I ON qF,ATTO r
March 16, 1954
"Honorable Downing L~ Smith
Commonwealth's Attorney
Albemarle County'
Oharlottesville, Virginia
~ My Dear Mr. Smith:
This is in reply to ye~ur letter of March 3, 1954 concerning the emPloyment
by Albemarle County of technical assistants from the Department ef Taxation for the
general reassessment ef 1954.
I concur with your opinion that the County has authority to employ technical
assistants, if the Board of Supervisors authorizes s~Ch employment.,~HoweVer, these
assistants are not to be employed from the Department of Taxation. The Department ef
Taxation has a list e~ recommended persons who the Department feels are qualified to
assist counties in general reassessments.
You,are correct in your interpretation of Section I5-795.1. That seetiem
applies only to the Department of Taxation's obtaining information in comnection with
mS~a~e equalization funds.
It is my opimion that Sections 15-288(A) and 15-281 of the Code authorize
the Board of Supervisors te appeint.more~than one person te make this' required'general
reassessment of 1954.
With kind regards, I am,
Very sincerely yours,
(Sigmed) J. Lindsay Almond, Jr.
Attorney General"
(3) L~ETTER OF BOARD OF ,ASSESSORS:
~THE 1954 GENERAL REASSESSMENT OF REAL ESTATE
IN ,ALBEMARLE COUNTY
"Atbemarle~County is reqUired bylaw to have a. general reassessment ef
real estate in the year of 1954. Virginia law requires that assessments be based
on fair'market value as of January 1st of the year of reassessment.
We~ the undersigned, a three mah Board of AssessorsOf'Albemarle-County
citizen freeholders have been appointed by the Board of ~Supervisors~ Due to the-
morethan 15,000 parcels of real estate subject te reappraisal by this Board, it
will be physically impossible for us to make a detail appraisal~of each prope~y
as a t~ee-man Board. The State Department of Taxa%ion,~through its Division of
Appraisals and Mapping, has ma~e available trained sppraisal technicians te assist
your Board ef Assessors, These men.~wili gather t'he information required by the
Board of Assessors. The Board of Assessors will make.afield inspection~of the
proPerties with the State traimed appraisal technicians and review the informa%ie~
gathered by them and will set tentatively the appraised value ef each improvement
and each parcel of land at the time of such inspection.
You Will be notified by post card of your new assessment next fall and be
given an opportunity to compare the new assessment with other new assessments on
similar properties within the County. At that time you will be invited to review
your assessment with your Board of Assessors if youhave any questions.
(signe )
F. L. Clark
A. G. Fray
Hugh N. Clark
Communioation was received from Mr. Fred C. Forberg, Director of the Division of Appraisals
and Mapping, recommending Mr. B. B. Adams, Jr. for employment as an assistant to the Board of Assessors
with its 1954 general reassessment as a salary of $425.00 per mbnth effective March 8, I954and in ad-
dition that he be compensated for the use of his privately owned automobileat:~:~A~e of $60.00 per
month. Upon motion, made by~r. Williams and seconded by Mr. Baim, Mr. Forberg's recommendation was
accepted.
Claim against the Dog Tax Fund was received from ~. G. A. Maupin for seven ewes and three
lambs killed by dogs and for fourteen lambs left motherless as a result of the killing. Upon motion~
made by~r. Williams and seconded by Mr. Harris, Mr. Maupin was allowed $25.00 for each of the ewes and
$12.50 for each of the.~Ambs.
Claim against the Dog Tax Fumd was received from-Mr. William C. Sh~lett for Six ewes killed
by dogs. Upon motion, made by ~r, Harris and seconded by Mr. Wood, Mr. Shiflett Wasmatlowe~ $20.00 for
each of these ewes.
Claim against the Dog Tax Fund was received from Mr. W. F. Via 2or one ewe and-two lambs kille
by dogs. Upon motion, made by, Mr. Harris and seconded bY Mr. Wood, Mr.~-Via was~allowed $18.00 for the
292,
Claim against the Dog Tax Fund was received from Mr. J. T. Via for one ewe, one 15~ lamb and
three 30# lambs killed by dogs. Upon motion, made by. Mr. Harris and seconded by Mr. Williams, Mr. Via
was allowed $15.00 for the ewe, $5.00 for the small lamb and $?.50 for each of the larger~lambs.
Claim.against the Dog Tax Fund was received from Mr. George H. Shiftett for three 5~ rabbits
and two 7# rabbits killed by dogs. Upon motion, made ~yMr. Smith and seconded by Mr. Harris, Mr.
Shiflett was allowed $1.00 for each of the smaller rabbits and $5.00 for th~ pair o7 larger rabbits.
Claim against the Dog Tax Fund was received from Mr. C. H. Pirkey for five hens killed by dogs
Upon motion, duly made ~nd seconded, Mr. Pirkey was allowed $1.~5 for each of'~hese henS.`
Claim against the Dog Tax Fumd was received from Mr~ T. A. GOodall for one ewe killed by dogs.
Upon motion, made bye. Smith and seconded bY Mr. Harris,'Mr. Geodall was allowed $25J00 for this ewe.
Claim against the Dog Tax Fumd was received from Mrs. Bertha Clements for seven hens, ten
lO fryers and six 2~ fryers kille~ by dogs. UpOn motion, made by Mr. Harris and seconded by Mr. Wood
Mrs. Clements was allowed $1.25 for each of the hens, $0.50 for each of ~hesma~i fryers"and $0.63 for
each of the larger fryers.
Upon motion, made by Mr. Williams and seconded by mr. Wood, It was Ordered that the salary
of M. M. Pence be increased '$500.00 per anmum, effective July l, 1954, and that the 1954-55 budget be so
amended.
Claim~ against the County amounting to $137,238.28 were presented, examined and allowed and
certified to the Director of Finance for payment, and charged against the following funds:
General Fun~
School Fund
Dog Tax Fund
Crozet Sanitary District Fund
Joint Health Department Fund
McInti~eTrus%~F~md ...... ~ .
Cent~ral Fire District F~nd
School ConS~r~ction Bond F~md
Albemarle Central High School Construction Fund
Shop and~Stores Oonstrnction Fund
$ 33,483.84
82,767 o 88
426.41
294.00
4,124.58
140.70
9,954.94
505.02
152.00
232.95
Commonwealth of Virginia Current Credit ACcount 5.155.96
Total $~'37,238:28
Upon motion, the meeting, adjo~u~ned. ._
Chairman