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1954-05-19A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the office Building of said County on the 19th day of ~y~1954. Present: Messrs. C. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward L. Smith, John W. Williams and N. W. Wood. Officers present: Commonwealth's Attorney, and S. S. Clark, Asst. County Executive. The meeting opened with the Lord's Prayer led by Mr. E. H. Bain. Minutes of the meetings of April 21, 1954 and May 10, 1954, were read and approved. The following letter was presented by Mr. Shields in connection with request for inclusion in the Secondary System of a portion of the Monroe Park Development: "To the Board of Supervisors Albemarle County Charlottesville, Va. Gentlemen: With reference to report of A. R. Sweet and Associates with sketch attached made to ~on~Board of January 18, 1954, wish to report that I have inspected this section of road and find, to the best of my knowledge, that the provisions as set forth in our secondary road regulations for subdivisions have been met in the con- struction of same, with the exception that the power poles are within the 40 foot right of way but these poles are placed in accordance with the City's regulation of having them just back of the curb line and in the sidewalk area, also a ~emporary fence of Mr. Dallas Wilfong is, at present, on the 40 foot right of way. Nfo Wilfong plans to remove same just as soon as the shrubbery that he has planted back of the fence get~ a good start. We recommend that your Board would only request that section of const~cted road (see attached sketch) beginning at the Old Lynchburg Road and continuing to in- tersection of Mobile Lane including lane on northeast side of island in place and thence west over Mobile Lane to the turnstile and dead end. of MObile Lane. The section beginning southeast side of-Mobile Lane intersection and continuing south- eaet to Monte Vista and construction on Monte Vista Avenue we do not recommend as there is no service to render at this time on this section. Very truly yours, (Signed') W. W. Shields Resident Engineer" As requested by the Board at its last regular meeting, Mr. Sam Clark reported that he had investigated the foregoing described road ~and found it ~o comply with the Subdivision Regulations. Upon motion of Mr. Williams and seconded by Mr. Harris, the following Resolution was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle Connty, Virginia~ that the State Department of Highways be and is hereby recommended to place in the Secondary System of Highways that section of Monroe Park Development beginning at the Old Ly~chburg Road and continuing to intersection~of Mobile Lane, including land on northeast side of island in place, and thence west over Mo~ile Lane to the turnstile and dead end of Mobile Lane~ BE IT FURTHER RESOLVED that the State Department of Highways be and is hereby guaranteed a 40 foot ~nobstructed right of way over the section of road hereinabove described, the provisions as set forth in Secondary Road Regulations for Subdivisions, having been met with the e~ception that power poles are within the 40 foot right of way, but that these p~les are placed in accordance with the City of Charlottesville's regulation of having them just back of the curb line and in the sidewalk area. Mr. Shields requested that the Board approved transfer of funds to take care of Federal Aid Secondary Project from Eharts to Free Union. Upon motion, made by Mr. Bain and seconded by Mr. Wood, the following resolution was unanimously adopted: BE IT EESOLVED by the Board of County Supervisors of Albemarle County, Virginia~ that in order to take care of Federal Aid Secondary Project from Eharts to Free Union, this Board does hereby~approve the following ~ransfers of funds: $6,000.00 from Rt. 665,Project 13~2-15-10 to Route 665, Project 1302-09. Mr. Shields presented to the Board resolution prepared by the Commonwealth's Attorney and him? self with regard to weight limits on roads in the County. The resolution was discussed and Mr. Bain stated that he felt that matter required further study. Mr. ~cCue and Mr. BaLu were appointed a com- mittee to meet with Mr. Shields regarding t~is matter and instructed to make recommendation to the Board. Communication was received from the State Department of Highways setting forth Secondary Road Allocations for the fiscal year July l, 195~ to Jtme 30, 1955, and was ordered filed. Resolutioh was received from the Board of. SuperVisors of Fluvanna County opposing the location of a convict road labor camp in said County and requesting this Board to take similar action. Communi- cation was also received fhom the Department of Highways advising the Board of its reasons for said convict road labor camp. No action was taken on this matter. Dr. Sturkie, Health Officer, appeared before the Board and advised that a rabied dog had been caught in the vicinity of Crozet, which dog had come in contact with and bitten a number of other dogs. He further stated that he felt an emergency existed and recommended that the Board adopt an ordinance prohibiting the running at large ~f dogs for a period of forty-five days and also that the Board adopt an ord-inance requiring compulsory vaccination of all dogs. A number of citizens in the County, includin Mr. B. B. Moon, Mr. Roberts Coles, Mr. Ned MacDonald, Mr. Harry Cl~rk, Mr. Cecil Maupin, and Mr. Stuart Hamm, questioned Dr. Sturk~e regarding this matter and expressed the opinion that they were opposed to the confinement of dogs although the majority of these citizens ~xpressed themselves as being willing to go along with the compulsory vaccinationo Commuuication was received from the Albemarle Ruritan Clu~ recommending the Board to take such immediate action as considered appropriate and neceEsary to prevent the spread of rabies and to reasonabl~ protect the health and welfare of the human and animal life of the County. Motion Eas made by Mr. Bain to declare an emergency and adopt resolution requiring the confinement of dogs for a period ~ forty-five days. No second was received to }~=o Bain's motion. Mr. Williams offered a substitute motion, which was seconded by Mr. Harris, and carried all votes with the exception of Mr. Bain, requesting the Chairman to appoint a commitee to work with the City of Charlottes. ville in this matter. Mr. McCue appointed Mr. Williams and Mr. Pence to serve on this Committee. Upon motion, made by ~r. Bain and seconded by Mro Smith, it was tmanimously erdered that notice be published, in accordance with law, of the intent of this Board to propose for passage at its regular June meeting an ordinance requiring the compulsory vaccination of all dogs in Albemarle County. Mro S. S. Clark, Assto County Executive, submitted a Statement of Expenses of the Department of Finance for the month of April, 195%, of which one-~hird is to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. Mr. S. S. Clark, Asst. County Executive, submitted a Statement of Expenses of the Sheriff's Office for the mon+.h of April, 195~, of which two-thirds is to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. Mr. S. S. Clark, Assr. County Executive, submitted a Statement of Expenses of the Commonwealth Attorney's Office for the month of April, 195~, 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 for April, 195~, was sub- mitred along with Summary Statement of Prisoner Days. Upon motion, duly made and seconded, this State- ment was examined, verified and approved. Claim of Dr. Richard T. Ergenbright, Jail Physician, in the amount of $6.00 was presented, and upon motion of Mr. Bain, seconded by Mr. Wood, was approved for ~ayment. Reports of the Department~of Public Welfare for the month of April, 195%, 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 $2~0.00, of which one-half is to be paid by the C&unty, was presented and upon motion ma~e by Mr. Williams, seconded by Mr. Smith, was Mr. E. Oo NcCue, Jr,, appeared on behalf of the Bar Association and requested an improved lighting system ~n the Court Room and also requested that the accoustics in the court room be studied. Mr. Clark presented bids which had been received on a lighting system. After discussion of the bi~s ceived, motion was made by Mr. Williams, seconded by ~r. Bain, and unanimously carried, accepting the bid of Omohundro Electric Company to install five &-tube 96~' slimline fixtures on existing outlets in the Court Room for the sum of $297.00. Reports of the Department of Public Welfare for the month of April~ 195&, were presented in accordance with Section 371 of the Acts of the General Assembly of 1950. Report of the County Executive for the month of April, 195&, was presented and on ~otion of Mr. Williams, seconded by Mr. Bain, was accepted and ordered filed. ~laim of the University of Virginia Hospital in the amount of $2~0.00 of which one-half is ~ due by the County, was ~resented and on motion of Mr. Williams, seconded by Mr. Smith, was unanimously approved for payment. Communication was .received from the Central State HOspital requesting authorization to commit James Lewis. This matter was referred to the Commonwealth's Attorney. Mr. E. H. Bain presented committee report on the Blind Commission advising that if the land owned by the Commission just sou~h of Charlottesville on Route 29 is not developed by the Blind School, said land will revert to the University of Virginia. The Clerk was inst~Gcted to advise the Planning Commission of %his report. Communication was received from Miss Eva Minix, District Home Demonstration Agent, advising that Nrs~ Norma Jean Sherrard had been employed as Asst. Home Demonstration Agent for Albemarle County, effective May l, 195~. On motion of Mr. Bain, seconded by Mr. Need, and unanimously carried, Mrs. Sherrard's employment was approved. Mr. Duane Swanson, Nro Garnett, and Mr. Marlon Brown of the Virginia Telephone and TeleNraph Company appeared at the request of the Board and discussed the proposed telephone rate increase. Mr. Bain asked what the Telephone Company plann~d~for improving the service in the areas 6f Free Unioh, ~arlysv~l_e,~ ' ~ and White Hal!. Mr. Garnett advised that these areas are not included in the 195~ budget and would have to be taken of in a subsequent project. However, he outlined to the Boar8 the improveme~ p~ogrammed for the current year. Mr. Wright Harrison, representing the Ehamber of Commerce, and Henry Chiles of 'Crozet, appeared and discussed the proposed increase toll rate in Crozet from five cents to fifteen cents. After considerable discussion motion was made by ~ro Williams, seconded by ~r. Bain, requesting the Chairman to appoint a connBittee to meet with the Chamber of Commerce and the Virginia Telephone & Telegraph Company on June 1st. The Chai~n~n appointed Mr. Smith and Mr~ Bain to serve on this committee. CoE~ication was received from the Albemarle Ruritan Club enclosing resolution of the Club in regard to the matter of the proposed telephone rate increase. Claim against the Dog Tax Fund of Mr. J. Stewart Barney for 10% and also for l& turkeys was again brought before the Board° The Sheriff reported that he had investigated these claimE in accor- dance with request of this Board. Mr. Cook stated that he talked with Mr. Barney~s farm manager who advised that he had seen foxes on the farm but no dogs and that since the date of the abovementioned claime, some turkeys had been killed by foxes. Mr. Barney also app~a~ed regarding his claim~ After diso.ussion of this matter, on advice of the Commonwealth's Attorney, these claims were denied because of doubt as to whether or not th~ turkeys were killed by dogs, on motion of Mr. Bain, seconded by Mr. Harris. Claim against the Dog Tax Fund was received from Mr. L~her Maupin for four 150# ewes~ nine 50# lambs and I 200~ ~am. On motion of Mr. Bain seconded by Mr. Harris, Mr. Maupin was allowed $25.00 for the ewes, $5.00 for the lambs and $20.00 for the ram. Claim against the Dog Tax Fund was received from Mr. E. R. Sutherland for two ewes and four lambs killed by dogs. Upon motion, made by ~r. Harris and seconded hy Mr. Williams, Nfo Sutherland was allowed $18~00 for the 12~ ewe, $10.00 each for two ~5~ lambs, $5°00 for the 1%# lamb. $20.00 for the Claim against the Dog Tax Fund was received from Mr. Foster McCauley for two hens and one rooster killed by dogs. Upon motion, made by Mr. Harris and seconded by Mr. Williams, Mr. ~cCauley was allowed $1~25 for the hens and $0475 for the rooster. Claim against the Dog Tax Fund was received from Mr. J. H. Wetsel for one pig killed by dogs° Upon motion~ made by Mr. Harris and seconded by Mr. Bain, Mr. WetseI was allowed $15o00 for this pig° Claim against the Dog Tax Fund was received from Hr. WilliamsShiflett for two old ~wes and one youn~ ewe killed by dogs. Upon motion~ made by Mr. Harris and seconded by~r~ Williams, Mr. Shiflett was allowed $1~.00 for the old ewes and $20~00 for the younger ewe. Claim against the Dog Tax F~ud was received from Mro Julian Catterton for one lamb and one ram killed by dogs. Upon motion, made by ~r. Harris and seconded by Mr. Williams, Nrc Catterton was allowed $11.O0 for the lamb and $1~.50 for the ~am~ Claim against the Dog Tax Fund was received frem Hr. Stuart Tapscott for ~even. lambs~kilted by dogs. Upon motion, made by Er. Williams and seconded by Nrc Harris, Mr. Tapscott was allowed $5.00 for only one lamb due to the fact that the Game Warden did not view the others. Claim against the Dog Tax Fuud was received from Hr. C~ Nelson Beck for four lambs killed by dogs. On ~otion of Mr. Harris, seconded by ~r. Wood, Mr. Beck was allowed ~lOoO0 for ~ch of these lambs. Claim against the Dog Tax F~d was received from Mro Leon Dure for three lambs and one ewe killed by dogs. Notice was also received from Fireman's Fund Insurance Company advising that Said Com- pany had paid ~r. Dure for these sheep. Upon motion, made by ~r. Bain and seconded by mr. Harris, it wa~ ordered that check be drawn to Mr. Dure and the insurance company, allowing $15~00 for each of these sheep. Claim against the Dog Tax Fund was received from Mr. Hudson Collier for one calf killed by dogs. Upon motion, the Game Warden was requested to make further investigation of this claim. Claim against the Dog Tax F~_ud was received from Mr. E. M. Charlie for one ram killed by dogs. Upon motion, made by ~r. H~rris and seconded by Mr. Nilliams, Mr. Charlie was allowed $15.00 for this ram. Claim against the Dog Tax Fund was received from Mrs. Sam Spangler for one ewe killed by dogs. Upon motion, made by Mr. Harris and seconded by Mr. Williams, Mrs. Spangler was allowed $1Oo00 for this ewe. Claim against the Dog Tax Fund was received from Mrs. John W. Proffit for fourteen chickens killed by dogs. Upon motion, made by Nr. Wood and seconded by~r. Harris~ Mrs. P~offit was allowed $0.3! for the ten lO-wk, old chickens and $0.50 for the four 9-wk. old chickens. Report was received from the Auditor of Public Accounts on the audit of the Trial Justice for the fiscal year ended June 30, 195&, am8 was ordered filed. The matter of license tax on stock car race tracks was again brought up and Mr. Clark pre- sented to the Board communicationsL from other counties, all of whom impose no County tax wit~ the excep- tion of Henrico County which has a County tax of $20.00 per Performance. Upon motion, made by Mr. Willi~ and seconded by Mr. Wood, action on this matter was postponed. Mr. Paul H. Cale and members of the School Board appeared before the Board and discussed the ruling of the U.S. Supreme Court with regard to segregation. Er. E. C. Compton, member of the House of Delegates from Albemarle and Greene Counties, also met with the Board regarding this matter. After con- siderable discussion, motion was offered by Hr. Bain, seconded by Nr. Williams, and unanimously carried, ordering that the schoo~ building plan be suspended for the time being. On motion of Mr. Bain, seconded by Hr. Williams, and unanimously carried, it was also ordered that the School Board continue to operate schools as in the past, and the following resolution was unanimously adopted: WHEREAS, the Supreme Court of the United States has rendered a decision that public shhools shall be operated on a non-segregation basis~ and WHEREAS, the problems which arise as a result of this decision are of far WNE. REAS, the Commonwealth of Virginia should be prepared with a plan for the operation of a public school system in ~onformity with the wishes of the people of this State and the decision of the Court; and WHEREAS, it is the considered Opinion of the School Board and the Board of County Supervisors of Albemarle County that this problem is of such vital importance to the people of this Sta~e that the Governor of this Commonwealth should immediately appoint a commission composed of the ablest leadership of this State to make a study and report a plan, Whereby this State can take such measures as may be required. NOW, THEREFORE, BE IT RESOLVED by the School Board and the Board of County Supervisors of Albemarle County that the Governor of Virginia be and he is hereby respectfully requested to create such a commission immediately and that Honorable John S. Battle ~s recommended to chairman such commission. The Board again discussed the appointment of agents in the County by the Commission of Game and Inland Fisheries to sell fishing and hunting licenses. It was the expressed feeling of the Board that the appointment of Mr. Gillum in Crozet wauld, in all probability, influence other parties in the County to apply for such appointments. After discussion of this matter, motion was made by Mr. William and seconded by Mr. Smith, adopting the following resolution and requesting the Clerk to write the Commission regarding this matter. Mr. Williams' motion carried the vote of each member except Nrl Bain who did not vote: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the Commission of Game and Inland Fisheries be and is hereby re- spectfully requested to continue the sale of hunting and fishing licenses through the office of the Clerk of the Circuit Court of Albemarle County only as has been done for many years in order that the Cotuuty will not be deprived of the revenue from the sale of said licenses, which revenue amounted to $2,500.00 to this locality 'during the past year. Flags for the Court Room wer~ discussed and Mr. Clark suggested that the Historical Society be contacted in an effort to determine whether or not they would like to contribute Such flags. The Commonwealth's Attorney suggested that if some organization would not contribute the f~ags, the City should be requested to bear half of the expenses of obtaining same. Mr. Clark waz-authorized to ~ontac~ the Historical Society regarding this matter. The following repgrt was received from the Crozet Water Committee: "Board of Supervisors County of Albemarle Charlottesville, Va. May 18, 1954. Gentlemen: The Crozet Water Committee w~s asked to study the problem of a future water supply for Crozet. After careful study we have decided that since the present storage basins filled so fast with the minimum amount of winter rainfall and a large volume of water has been going over the spillways, we recommend that the most prac- tical thing to do would be to construct one or two more storage basins on the present water shed. Since this will take time and will not help this year if we have another dry season, we have asked Mr. Ray W. Warrick if the same arrangement that was used last year could be made to pump water from his well. He has agreed to do this as long as it did not interfere harvest of peaches and we think if the need arises it will be after this period since there is more water in storage than at this time la~ year. Yours truly, Crozet Water Committee (Signed) A. J. Apperson, Chairman" The Clerk was instructed to write Mr. Warrick regarding this matter and to express the Board's deep gratitude for this cooperation in the past. Upon motion, mad~ by Mr. Smith and seconded by Mr. Williams, it was unanimously ardered that Monday ~. County offices close on,ay 31, 1954, since Memorial Day which is a regular holiday for County employee~ ~alls' on Sunday this year. 314 Claims against the County amounting to $139,086.16 were presented, examined and allowed and certified to the Director of Finance for payment, and charged against the follov.King funds: General Fuud School Fund Dog Tax Fund Crozet Sanitary District Fund Joint Health Department Fund McIntire Tro. st Fund School Const~ction Bond F~md Albemarle Central High School Construction Fund. Commonwealth of Virginia Current Credit Account Total $ 54,173.72 75,652.32 353.97 290.17 4,379.24 205.36 226.75 300.00 $139,086.16 Upon motion~ the meeting adjourned. Chairman A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the office building of said County on the 16th day of June, 1954o Present: Messrs. C. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward L. Smith, John W.. Williams and W. W. Wood. Officers present': Commonwealth's Attorney and County Executive. The meeting opened with the Lord's Prayer led by Mr. E. H. Bain. Minutes of the meeting of Nay 19, 195%, were read and approved. The matter of proposed telephone rate increases was discussed and on motion of Me. Bain, seconded by Mr. Smith, the following resolution was unanimously adopted: WHEREAS, the Virginia Telephone and Telegraph Company has proposed base rate increases for the Charlottesville and Crozet Exchanges and, in addition to the base rate increases, they have proposed to increase the station to station toll charge from Charlottesville to Croz~t from 5~ to 15~ and to establish a person to person rate of 35~ for the first three (3) minutes. As an alternate proposal for the toll charge between Charlottesville and. Crozet, the telephone Company has pro~ posed that Crozet residents pay the Charlottesville resident's base rate and to in- crease the base rate for business services by 45~ per business phone per main station in Charlottesville and that the following rates apply to Crozet business phones: Business - One Party Business - Two Pa2ty Business - Four Party Business - Rural P. B. X. Tru~s $19.00 14.80 12.~0 8.20 28.50 WHEREAS, ~i~gs have been held by all ~e interested groups in Crozet, and the Board of Directors of the Crozet Lions Club, Crozet's only civic organization~ discussed the matter and voted unanimously to recommend to the Crozet telephone sub- scribers the increase in base rates in order to provide free dialing between the two exchanges. In a subsequent meeting the Crozet business men votes 28 to 2 in favor of an increase in the business base rate in order to provide free dialing between Crozet and Charlottesville. At a meeting of the resident telephone subscribers at Crozet, to which all were invited, they agreed by a vote of 23 to 3 to pay the Char- lottesville resident's base rates in order to have free dialing between the exchanges. NOW, THERF~WORE, BE IT RESOLVED that the Board of County Supervisors of