1954-10-20 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held
at the Office Building o~ said County on the 20th day of October, 1954.
Present: Messrs. O. Purcell McCue, E. H. Bain, H. Ashby Harris, Edward E. 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.
Mr. McCue offered his resignation as Chairman of the Beard due to his health. On motion, made
by Mr. Williams, seconded by Mr. Bain, and unanimously carried, Mr. McCue' s resignation was accepted
with regret. Mr. Williams stated that he knew of no one who had served the County more faithfully and
honestly.
On motion of Mr. McCue, seconded by Mr. Wood, and unanimously carried, Mr. Harris was named
On motion of Mr. Bain, seconded by Mr. Smith, and unanimously carried, Mr. Williams was named
Vice-Chairman.
Minutes of the meetings of September 15, September 22, and September 29, 1954 were read and
approved.
Mr. W. W. Shields, Resident Engineer, presented to the Board petition signed by some twenty-
four persons, requesting that Routes 682 and 787, beginning JuSt east of the Mechum River bridge and
and crossing Gillum Mountian, be paved. Mr. Shields advised that the budget for 1954-55 is not large
enough to take care of such improVement. After discussion of the matter, the following resolution was
offered by'Mr. Bain, seconded by Mr. McCue, and carried. Mr. Williams did not vote due to the fact that
he owned property located on said road.
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that the State Department of Highways be and is hereby requested to
petition the Chesapeake and Ohio Railroad to install a red light signal at the
railroad crossing on Route 682 to alleviate the existing danger at said crossing.
Mr. Pence advised the Board that in accordance with action taken at. the last regular meeting,
notice was published in the Daily Progress on September 16 and September 23, 1954, and' like notice was
posted in front of the Court House on September 16, 1954, stating the intent of this Board to abandon
that section of Route 674 from Route 671 at Moorman's River Bridge south of Millingt~n and continuing
in a southeast direction for a distance of 1.3 miles. On motion of Mr. McCue, Seconded by Mr. Wood, thei
following resolution was unanimously adopted.'
BE IT RESOLVED by the Beard~ of County Supervisors of Albemarle County,
Virginia, that the section of State Secondary Route 674 from Route 671 at Moorman's
River Bridge south of Millington and continuing in a southeast direction for a-
distance of 1,3 miles to intersection with Route 6?$, be and is hereby abandoned.
BE IT FURTHER RESOLVED that the State Department of Highways be and is
hereby requested to concur in the above mentioned abandonment.
Upon recommendation of Mr. Shields, the following resolution was offered by Mr. Bain, secondedi!
by Mr. McCue, and unanimously adopted:
BE IT RESOLVED by the Board of' County Supervisors of Albemarle, County
Virginia, that pursuant to' agreement between this Board, the Charlottesville-
Albemarle Airport Committee and the Virginia State Highway Department, the State
Highway Department is hereby given, free of cost, a 60' Right ef Way, with such
additional widths as required for construction, on the relocation of Route 743
and' RoUte 606 adjacent to said Airport in accordance with approved plans.
This Board approves the construct£on of these sections of roads by the
Mr. Shields also presented proposed .resolution regarding abandonment ~of sertain roads on the
Airport property. On motion of Mr. Bain, seconded by Mr. Williams, and unanimously carried, it was
ordered that this matter be ~eferred to the Airport Committee for study and recommendation.
Mr. Estes and a number of interested citizens appeared and requested that Route 663 from Route
664 toward Route 810 for a distance of approximately 5.1 miles by hard surfaced. He stated that this
road serves forty-one families, three churches, one store, and is a school bus and mail route. Mr.
Shields advised that funds were not available for such a project. On motion of Mr. Bain, seconded by Mr.
McCue, and unAhimously carried, it was ordered?~that the Board take this matter up with Mr. Shields when
~hen the next budget is prepared.
Mr. T. W. Ross,~ Highway R~W Engineer, appeared and discussed rights of way on the Crozet side-
walk along Route 240. Mr. Clark advised the Board that the four parties which he had contacted and made
what he and the Highway Department representative felt to be reasonable offers had declined same and that
the. counter-offers were as follows: Fruit Growers - $50.00, Mr. Grymes - $1500.00, Mr. Hicks - $2000.00
and the C&O Railway Company -$1000.00. Mr. Ross s%~ed that he did not feel the project justified the
costs which would be involved in obtaining these rights of way. Mr. Bain stated that he, Mr. Clark and
Mr. Chiles would contact the foregoing parties in an effort to obtain the rights of way at a total cost
not exceeding $1,800..00.
On motion of Mr.~_ Bain, seconded by Mr. Wood. ~, the following resolution was unanimously 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 of Route 620 of the State Secondary System, Project 1302-17, in Albemarle
County, from Int. Rt. 795 (Slate Hill) to Int. Rt. 618 (Woodridge), approved July $3,
1954; 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 approves the plans
and requests the Department of Highlways to proceed with construction in accordance
with these, plans, and this Board hereby agrees to and does ~guarantee a 40 foot unre-
stricted right of way as indicated or 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 Dlans, .it being understood that incidental
costs such as moving and resetting existing, fences, houses, structures, utilities, or
other obstructions of sneh 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 event one or more property
owners refuse to execute a deed covering land required from their properties for right
of way purposes, this Board hereby authoriz~es the Commonwealth of Virginia, Department
cf Highways, to institute condemnation proceedings and agrees to pay from funds allocated
to Albemarle County all costs in connection therewith including awards of commissioners.
Petition was received for inclusion in the Secondary System of 0.4 mile beginning at corner
of Deerpath and Old Farm Roads and ending at turning circle at end of Orchard Road, Bellair. On motion
of Mr. Williams, seconded by Mr. Bain, and unanimously carried, it was ordered that this petition be
tabled for further investigation and report by Mr. Williams and Mr. Shields.
Mr. Shields discussed with the Board Route 702 for which a request had been received for im-
provements in order to extend the school bus line for one pupil. No action was taken by the Board on
this matter.
Mr. Sam Clark advised the Board that Acme needed the pump which ~he County borrowed for use
in connection with the temporary water line. Mr. Williams suggested that Mr. Bain, Mr. Pence, and Mr.
r. lo~ ~^~+.~+. ~ p~+..T~ ~ Amm~ ~ a~ ~or~ to see if the Country could use the pump longer and
Mr. Clark reported that he wished to contact~ Mr. Edgar Bradley with regard to the offer of
M. S. Crawford to puchase 11 acres of land from the County and would make further report to the Board
concern~_~g this matter.'
Mr. M. M. Pence, Director of Finance, submitted a Statement~of 'Expenses 'of the-Department of
Finance for the month of September, 1954, of which one-third is to be borne by the State. Upon 'mOtion,
duly made and seconded, this Statement was ex~mined, verified and approved,
Mr. M. M. Pence, Director of Finance, Submitted A Statement of Expenses of the Sheriff's Office
for the month of September, 1954, of which two-thirds are ~to be' borne by the State. Upon motio~ duly
made and seconded, this Statement was examined, verified and approved.
Mr.'M. M. Pence, Director of Finance, submitted Statement of Expenses of 'the Commonwealth
Attorney's Office for the month of September, 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 for the month of Septem-
ber, 1954, was submitted along with Summary Statement of Prisoner Days. Upon motion, duly made and
seconded, this Statement was examined, verified and approved.
Claim of Dr. Richard T. Ergenb~right, Jail Physician, in the amount of $10.00 was presented,
and on motion of Mr. Wood, seconded by Mr. Bain, was approved for payment.
Reports of the Department of' Public Welfare for the 'month of September, 1954, were presented
in accordance with Chapter 371 of the 1950 Acts of the .General Assembly.
Claim of the University of Virginia Hospital in the amount of $1,056;00 of which one-half is
reimbursable by the State, was presented and on motion of Mr. Bain, seconded by Mr4 Williams, was approve
for payment.
The County Executive advised that in view of certain legislation which was passed at the last
General Assembly, the Board of Supervisors had several meetings ago adopted a resolution instructing Mrs.i
Virg~nis Marks, as authorizing officer, to refuse to certify any indigent patients f~r hospitalization
after funds for such p~rpose had been exhausted. However, after consultation with the Commonwealth s
Attorney and hospital officials, and in view of an opinion of the Attorney General to the University of
Virginia Hospital on a cas® in point, it had been agreed between the above that it would be proper to
continue to authorize, as in the past, hospitalization of indigent' patients without certification because
of lack of funds. The Board was presented with a form ko be executed by the authorizing agent to be
sent to the University Hospital in such oases. After discussion of the matter' and on moti°n by Mr.
Williams, seconded by Mr. Wood, · was unanimously adopted that previous instructions to Mrs. Marks in
this instance be rescinded and that the following 'form, presented at this meeting, be used by Mrs. Marks
to authorize hospitalization of indigent patients after exhaustion of funds:
COUNTY OF ALBEMARLE
DEPARTMENT OF PUBLIC WELFARE
OOUNTY OFFICE BUILDING
CHARLOTTESVILLE, VIRGINIA
Mr. R. G. Ergenbright
Credit 'Manager
University of Virginia Hospital
CharlOttesville, Virginia
Dear Mr. Ergenbright:
Date
Re ~
Name of Patient:
Date Admitted~
Admission Numbers
0ur Case N~mber:
Com~.ents:
The above named person meets the eligibility requirements for hospitalization
as an indigent person, ~ut we are unable to authorize hospitalization because of
lack of funds.
Mr.~ Pence advised that the law does not eXclude maternity cases under the hospitalization of
indigents program. This matter was discussed at length and on motion of Mrl Bain, seconded by Mr.
Williams, was ordered referred to the Welfare Board for recommendation to this Board.
Mr. Deuce advised the Board that Mr. J. Mason Smith, former Sheriff, had advised him'that his
Social Security payment had been increased from $75.00 to $84.10 'and that the County had been paying Mr.
Smith $25.00 per month for limited services as building custodian and relief jailor. He inquired if it
was the intent of the Board to continue the same salary in view of the above mentioned increase. On
motion of Mr. Bain, seconded' by Mr. Smith, ne action was taken on this matter.
Report of the County Executive for the month of September, 1954, was presented, approved and
ordered filed.
Mr. Pence advised the Board that the Governor's Special Commission en Integration would held
a public hearing in Richmond on November 15, 1954.
Dr. Archer appeared at the request of this Board regarding Patrick Henry, a hospital for the
chronically ill. He gave a detailed resume of the operation of this hospital and also discussed the
possibilities of such a hospital 'in this area. After considerable discussion, motion was made by Mr.
Bain, seconded by Mr. Williams, and unanimously carried, requesting Mr. Pence to contact Mr. James Bowen,
City Manager, to de'ermine if the City coUhcil would be interested in having Dr. Archer present this
matter to that body.
Mr. Pence advised the Board that some time ago the County had agreed to ~ay Mr. R. A. Gentry
$40.00 per annum for damages to his orchard in the Crozet Sanitary District and that the county now owed
Mr. Gentry $80.00 according to said agreement. The Commonwealth's Attorney gave his approval to the
payment of this obligation and on motion of Mr. 'Bain, seconded by Mr. Wood, and unanimously carried~ it
was ordered that Mr. Gentry 'be paid the above mentioned $80.00.
Mr. Pence advised the Board that the costs in connection with the temporary water line in the
Crozet Sanitary District would exceed the amount appropriated of $3,475.00. He stated that the expenses
incurred to date were approximately $3,780.00 and would probably go some beyond this figure. On motion
of Mr. Bain, seconded by Mr. Smith, the following resolution was unanimously adopted:
WHEREAS, this Board had previously appropriated. S3,4?5.00 to be transferred
from budgeted items in the Crozet Sanitary District Fund to be used for costs in con-
nection with the temporary water line in the Sanitary District, and
WHEREAS, the Connty Executive stated to the Board at this meeting that he
estimated the costs would go beyond this amount,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albe-
marle County, Virginia, that $525.00 be and is hereby authorized as a temporary ~oan
from the General Fund to the Crozet Sanitary District Fund for use in connection with
the temporary water line, said $525.00 to be rePaid to the General Fund at such time
that funds are available in the Crozet Sanitary District Fund.
On motion of Mr. Smith, seconded by Mr. Williams, and unanimously carried~ it was ordered that
the Ne requiring second readings on appropriations be suspended in the foregoing instance.
Mr. Pence advised that the specifications for the proposed well in ~he Crozet Sanitary Distric~
had been sent to the State Health Department for their approval but had not been returned by the Health
Department as yet. He stated that drilling of the well should be started as soon as possible due to the
fact that the temporary line would not Be able to stand freezing temperatures and also because of the
fact that the reservoir was still practically empty. He recommended that the Board advertise for bids
on the construction of said well and that money be advanced from the General Fund for this purpose.
After discussion of this matter, Mr. Pence was instructed to contact Mr. O. R. Randolph to get his advic,
regarding the location of xaid well and also to refer specification for the well to the Crozet Water Com-
mittee for their study and recommendations to this Board before bids are advertised.
Mr. Pence advised that he had talked with the Local Debt Commission regarding the sale of the
· County so desi~ed'J Mr. Pence recommended that the Local Debt Commission be requested to handle the
bond issue pending clearance by the bonding attorneys. The Commonwealth's Attorney advised that 'the
Bear~ should stay within the resolution adopted in ~une and suggested that the County ask for assistance
of the Debt Commission in the dispOSal of the bonds. On motion, made by Mr. Bain, seconded by Mr. Smith,
and unanimously carried it was ordered that the Local Debt Commissiom be requested to assist the Director
of Finance in the disposal of the Water Supply Bonds.
On motiom~of Mr. Bain, seconded by Mr. Wood, amd unanimously carried,~it was ordered that the
following Supreme Court Orders be spread in the minutes.'
(1) VIRGINIA: IN TB~ SUPREME COURT OF APPEALS AT THE SUPREME CO~RT OF APPEALS BUILDING
IN THE CITY OF RICHMOND ON Wednesday THE 6th DAY OF October, 1954'
The p~tition of Hedley M. Bowen, J. W. Gentry, Chesley A. Haden, Marion
F. Ladd, J. W. McLeod, Eouise Morselle, Alan G. Rosenkrans, D. F. Swortzel amd Kirk
W. Start for an appeal from a decree entered by the Circuit Court of Albemarle County
on the 8th day of July, 1954, in a certain proceeding then therein depending, wherein
Hedley M. Bowen, et al., were plaintiffs and Board of County Supervisors of Albemarle
County was defendant, having been maturely considered and a transcript of the record
of the decree aforeSaid seen and inspscted, the court being of the opinion that the
said decree is plainly right, doth reject said petition, and refuse said appeal, the
effect of which is to affirm the decree of the said Circuit Court.
A Copy,
Teste:
(s) H. G. Turner, Clerk
(2) VIRGINIA: IN THE SUPREME COURT OF APPEALS ~.D AT THE SUPREME COURT OF APPEALS
BUILDING IN THE CITY OF RICBMO~D ON Tuesday THE 12th Day of October,
1954.
Hedley M. Bewen, et al., Appellants,
against
Board of County Supervisors of Appelleso
Albemarle County,
Upon a petition for an appeal from a decree entered by ~the
Circuit Court of Albemarle County on the Sth day of July, 1954.
This day came again the appellants, by counsel, and moved the Court~
for leave to file their motion to reconsider and set aside the order of this
Court entered October 6, 1954, which order refused an appeal from the final
decree of the Circuit CoUrt-of Albemarle County entered on the 8th day of
July, 1954..
Upon mature consideration whereof, the said motion is ~enied.
A Copy,
Tes~e:
(s~ H. G. Turner, Clerk
It was brought to the attention of the Beard that Mr. Donald Burruss and Mr~ Tommy W. Frazier
had exerted creditable thought in being instrumental in containing a forest fire while on the way home
from school'. On motion of Mr. Williams, seconded by ~r. Bain, the following resolution was uhanimously
adopted:
WHEREA~, Mr. Donald Burruss and Mr. T~mmy W. Frazier exerted unusual
forethought and determination i~ being instrumental in containimg forest fire
on the west side of Fox Mountain, and
~HEREAS, through their courageous efforts, serious damage to valuable
property was prevented.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that the individual and collective thanks of the
357
fire, and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Superintendent of Schools for presentation to these young men,
Mr. Pence advised the Board that the city pound is becoming too crowded to continue to keep
dogs from the county.. He stated further that Miss Virginia Nash, president of the S.P~C.A., had advised
him that said organization was planning to build housing facilities for dogs and cats and would be will-
ing to negotiate with the County for the keep of its dogs. Mr. ~ence advised that the county is now
paying the city fifty centS~per dog per day. Mr. Pence was instructed to contact Miss NaSh to advise
that the County would be interested in negotiating with the SP6A for the keep of dogs,
Communication was received, from the Elks Club regarding the condition of the county's alley
by the Elks Club, especially during the very dry weather experienced this summer. Hr. Harry Brown,
writer of the letter, stated that he had gotten a bid ~from S. L. Williamson & Company to blacktop said
alley for the sum of $460.00~ and inquired as to whether or not the county would be willing to pay for
one-half of the Job. On motion of Mr. Bain, seconded by Mr, Williams and unanimously approved, Mr.
Pence was instructed to proceed as he sees fit and was authorized to spend up. to $250.00 on this project
the following resolution w~s unanimously, adopted and second~ reading waived:~
BE IT RESOLVED by the Board of County Supervisors .of Albemarle County,
Virginia, that $250.00 be and is hereby appropriated from unexpended reserve of
the general fund to be used for blacktopping ef alley by the Elks Club to the
County's old repair shop.and garages.~
Invoice in the amount of. $48,'38 was received from the C~mmerce Realty and Insurance Company
for bond. premiums of John G.~ Ya~ucey, former Trial Justice Clerk, for the period 7/1/54 to 9/30/54,
Raymond C. Pace, present Trial Justice Clerk, for the period 9/30/54 to 6/30/58, and Ellen Virginia Nash
.substitute Trial Justice Clerk, for the period 7/2/5~. to 6/30/54. Mr. Pence advised, that the current
bUdget did not cover this item. On motion of Mr. Williams, seconded by Mr. Smith, second reading was
waived and the following resolution unanimously adopted.'
BE IT RESOLVED by the Board of County Supervisors of Albemarle County,
Virginia, that $48.38 be and is hereby appropriated from unexpended reserve of the
general fund for bond-premiums of the Trial Justice Office.
Jail inspection report was received from the Division of Corrections, Department of Welfare
and Institutions, accepted and ordered filed.
Communication was received from the Peoples National-Bank requesting change in collateral.
On motion of Mr. Williams, seconded by Mr. Wood, the following resolution was unanimously adopted:
~EREAS, The Peoples-National Bank ,~. Depository, ~has requested that sub-
stitutions be made in the collateral held by The First and Merchants National Bank,
Richmond, Virginia, Escrow Bank,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Albe-
marle County, Virginia, that The Peoples~Natienal Bank be and is hereby authorized
to pledge the following:
$800,000.~0 U. S. Treas. Bonds, 2-1/2% ~ue 11/15/61,
#44698/44704, 47713.
And upon the pledge and delivery of the above securities to The First and Merchants
National Bank, Escrow Bank, the First and Merchants National Bank is hereby authorized
to release the following:
$300,000.00 U. S. Treas, Bonds, 2-3/4% due 12/15/65-60,
#1849o/92.
BE IT FURTHER RESOLVED that ~opies of this Resolution be submitted to The
Peoples National Bank and te The First and Merchants National Bank.
Mr. Pence advised that the unexpended balance of $64,000.00 in the Airport F~nd carried over
359
should be approved as a temporary advance. On motiOn'of Mr. Bain, seconded by Mr. Wood, the following
resolution was unanimously adopted:
BE IT RESOLVED by the Board of County Supervisors of~ Albemarle County,
Virginia, that $64,000.00 be re'appropriated from unappropriated reserve of the
general fund to the airport fund, this amount being the Umexpended balance in the
~ airport fund carried over £rom the last ~iseal year, and
BE IT FURTHER RESOLVED that payment of $30,000.0~ be and is hereby
authorized to be made to the Joint Airport Committee of which $1,O00.00 exceeds
the total amount originally authorized by this Board, and
BE IT FURTHER RESOEVED that the foregoing $1,~00.00 be and is hereby
authorized as a temporary advance to the Joint Airport Committee to be repaid from
(On motion of Hr. Williams, seconded by Mr.
fUnds to be received from the Federal Government. *(Smith, an~ unanimously carried, it was ordered that
*Inse~t--- (second reading be waived in this instance.
Comm~-~cation was received from the office of the Governer acknowledging receipt of resolution
of this Board regarding requested drought-relief.
CommUnication was received from the Calcium Chloride Institute enclosing copies for each member.
of the Board of an article entitled "Virginia Protects Its Highway Investment".
Mr. Pence advised the Board that Mr. Norval B. Rader had resigned from the Airport Commission
due to the fact that he had accepted a position in another State. On motion of Mr. Bain, seconded by Mrs!
Wood, and unanimously carried, it was ordered that this matter be referred to the committee appointed
regarding appointment of the Commission for recommendation~
Mr. Williams advised that he had received petition addressed to the Board requesting a street
light at the corner of Chesapeake and Short 18~h' Streets. He .stated that he had discussed-this matter
with Mr. Lionel Key of the Virginia Electric & Power Company, who had.- advised that the cost of a street
light would he $18.00 per~ year or $1,-50 per month and that sai~ company did not contract with individual~
for street lights but with the governing bodies only. Mr.' Downing Smith, advised that since this light
would be located in the Woolen Mill Sanitary District, that a contract with the .Sanitary District would
be legal. On motion, made by Mr. Williams and seconded by Mr. Bain, this matter was carried over until
the next regular meeting for further investigation.
Mr. Williams advised fha% Mr. Roger Rinehart had contacted him to determine if the Board would
eontrihute~one-half the cost of extending a sewage line to a house on Route 250, west, purchased for the
Palsy Foundation, the total oest of which was estimated at $12,000.00. The Commonwealth's Attorney ad-
vised that he doubted the legality of such a contribution. No action was taken on this matter.
Communication was received from the State Water Control Board enclosing copy of Article 3~2,
chapter 22, Title 15 of the 1954 cumulative supplemen~t to the Code of Virginia, 1950, covering approval
of sewerage systems by co,-~nties. This communication was ordered referred to the Plan~uing Commission.
Claims against the County amounting to $210,508.46 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 Fire District Fund
Crozet Sanitary District Fund
Joint Health Fund
Commonwealth of Virginia Current Credit Account
Mc~nti~e~',T~st ,.F~U~d ~ · ~ _ ~'-'. ~: ,',~. '
Total
Upon motion, the::-~eeting adjourned.
$ 58,634,54
78,488.90
2,275.85
12.75
407.99
4,386.52
66,159.10
$210,508.46