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1949-05-18 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia~ was held at the Office Building of said County on the 18th day of ~ay, 1949. ~ Present: ~essrs. C. Purcell McCue, E. J. Ballard, Henry Chiles, C. R. Dorrier, and ~. W. Wood, and Gen. P. B. Peyton. Absent: None o Officers present: Cou~uty Executive and Commonwealth's Attorney. l~inutes of the meeting of April 20, 19~9,~ were read and approved. Resolutions were received from the Crozet and Red Hill Parent-Teacher Associations requesting the Board of Supervisors to work toward one comprehensive high school fOrm the ...... entire County, with the exception of the Scottsville Area, to be located near CharlOttesville, stating it to be the geographic and population center of the County. Communicati6n was received from Hugh E. Henderson, Asst. County Agent, enclosing a list of the ElbemarIe County boys and girls who showed good and choice 4-H club baby beeve~ at the recent show and sale. Upon motion, made by Nr. Chiles and seconded by Mr. Ballard, it was ordered that the County pay priC~es of $10.00 each for the choice calves and $5.00 each for the good calves. Report of the County Executive for the month of April, 19~9, was presented, a~ proved, and ordered filed. Mr. D. A. Robinson, Director of Finance, submitted a Statement of Expenses of the Department of Finance for the month of April, 1949, one-third of which to be borne by the State. proved. Upon motion, duly made and seconded, this Statement was examined, verified, and ap- .~tr. D. A. Robinson, Director of Finance, submitted a Statement of Expenses of the Snerm£f ~s Office for the month of April, 1949, two-thirds of which to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. ~r. D. A. Robinson, Director of Finance, submitted a Statement of Expenses of the Commonwealth's Attorney's Office for the month of April, 1949, one-half of which to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. A Statement of Expenses incu~rsd in the maintenance of prisoners confined in the County Jail durin~ the month of April, 19~9, was submitted. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. A Summary Statement of Prisoner Days was submittedl Upon motion, duly made and seconded~ this Ststement was examined, verified, and approved. Claim of Dr. Richard T. Ergenbright, Jail Physician, in the amount of $7.00 was presented and approved for payment. Communication was received from Mrs. Louise Simmons in which she advised that she would not be able to accept reappo~_utment to the Planning Commission for a four-year term. Mr. Robinson was instructed to secure suggestions from the Planning Commission for a person to serve in this capacity and also to write to Mrs. Simmons expressing the Board's apprecia' tion for her past services to the County. ~s. Joyce T. Hoge submitted her resignation as Assistant County Home Demonstratioz Agent to be effective ~ay 16, 1949. Upon motion, duly made and seconded, Mrs. Hoge's resig- nation was accepted and Mr. Robinson was instructed t~ write a letter in the Board's behalf, expressing their appreciation for her services. A proposal was received from T. Coleman Audrews and Company to audit the accounts ~nd r e cot ~$ of. 'the County of Albemarle, including those of the Board of Supervisors, the School Board, and .the 'Welfare Board, for a sum of $1,250.00. Upon motion, made by Eir. Chiles and seconded Communication was receiVed from T. Coleman Andrews and Company acknowledging re- ceipt of the March issue of VIRGINIA AND THE VZRGINIA COUNTY and complimenting the Board on the manner in which the County Executive Form of Government has work in Albemarle County. Nr. R~binso~ was instructed to acknowledge this letter on behalf of the Board. Communication was received from the Deps~tment of Agriculture advising that, underi terms of option conferred by Lease No. ASC (SC-0)-5733, date~ December 15, 1945, covering 540 squ~re feet of space in the County Office Building, all of the conditions and prov~sions~i of said lease are to be extended to cover the period beginning July l, 19~9, and ending June 30, 1950. A supplemental Jail Contract for the care of Federal Prisoners held under imigra- tion at a per diem rate of $1.00, was received from the United States ~arshal, and upon motion, made by Nr~ Chiles and seconded by Nr, Dorrier, same was ordered executed by C. Pur cell McCue, Chairman. The matter of the collection of delinquent real estate taxes through tax suits by George Gilmer, Attorney, was ag~n discussed and the following resolution, offered by Dorrier and seconded by Nr. Wood, was unanimously adopted: ~E IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that George Gilmer, Delinquent Real Estat~ Tax At- torney, be instructed got to institute any further tax suits for the collection of delinquent real estate taxes in Albemarle County as previously authorized by this Board, other than those ~ax suits which are pending as of this date, and that he be, and is hereby, requested to conclude all pendin~ tax suits as soon as possible. BE IT FURTHER RESOLVED ~Hat a copy of-this resolution be trane- mitted to Mr. George GiLmer, Attorney. Notice was received from the Railway Express Agency, Inc., advising that said Agency hadb~pplied~o the State Corporation Commission of Virginia for authority to discon- ~tinue the E~press Agency at Lindsay, ~Virginia, and that the matter had been docketed for hearing before the Commission at lO:O0 A.M. on June 6, 19Z~9. Communication was received from the Virginia Telephone and Telegraph Company re- questing permission to install and maintain a steel wire guy and anchor on the northeast corner of the Court Square lawn at the intersection of Park and High Streets. After dis- cussion of this matter, action thereon wa~ deferred. Communication was received from the ~unicipal Finance Officers Association ad- vising t~t the annual conference of the Association would be held in Detroit, Michigan, from May 23 to Nay 26th inclusive. The annual report of the Albemarle Tuberculosis Association was received and ordered filed. The following claims against the Dog Tax Fund were presented: (a) Claim of George A. Gibson for one sheep w~ighing 150 lbs. was pre- sented. Upon motion, made by Mr. Dorrier and seconded by Gen. Peyton, it was ordered that Mr. Gibson be paid the assessed value of $6.00 for this sheep. (b) Claim of A. R~ Lockhart for two sheep and one lamb weighing 60 lbs. was presented. Upon motion, made by ~. Dorrier and seconded by Gen. Peyton, it was ordered that Mr. Lockhart be paid the assessed value of $7.82 for the sheep and $O$22per pound for the lamb, a !~t~tai of $28.84. (c) Claim of J. W. Johns for one sheep and five lambs, weighing approx- imately 50 lbs. each, was presented. Upon motion, made by Nr. Dorrier and seconded by Gen. Peyton, it was ordered that Mr. Johns be paid the assessed value of $11.O0 for the sheep and $0.22 per pound for the lambs, a total of $66.00. (d) Claim of Dorothy Odenhal for three ducks was presented and action was The matter of consolidating the County and City Jails was again discussed and ~. Robinson advised that he had contacted ~r. James E. Bowen, Jr., City Nanager, regarding this i matter and had been requested by ~r. Bowen to have a committee appointed by the Board of County Supervisors to work with a committee from the City Council to consider the possibili- ties of such a consolidation. Par. NcCue appointed Nm. Dorrier, Fir. Fife; and ktr. Eobinson to service on this committee. The Library Budget for the year 19A9-50 was again discussed and ~r. Robinson report that he had had a conference with ~r. Walsh regarding this matter. Action on this matter l was deferred until a new contract ~is received from the Lib~/~V. y Board. ~h~a $o~owi~gr~ep0r t J~as o~pr ~Sen~ea:~' NINUTES OF JOINT ~EETING OF CO~$~ITTEES OF THE COUNCIL OF THE CITY OF CHARLOT~TESVILLE AND BOARD OF COUNTY SUPERVISORS OF ALBE~t~RLE COUNTY, REGARDr~G THE CITY OF ~Ai~$ESBORO'S PARTICI- PATION IN THE FACILITIES OF THE DISTRICT HONE. A ~oint meetin~ of the Committees appointed by the Council of the City of Charlottes- ville and Board of County Supervisors of Albemarle County m~tiin ~he County Office Building at lO:O0 A.~. on Nay 12th, 19A9. Those present were: City of Charlottesville - Nayor Gus Tebell, Nr. H. A. Haden, Nr. Lyttelton Waddell, City Attorney, and ~. James E. Bowen, Jr., City ~ger; County of Albemarle - Nr. C. Purcell NcCue, ~.ha~man of the Board of Supervisors, Gen. P. B. Peyton, ~r. ~. O. Fife, Commonwealth's Attorney, and ~. D. A. Robinson, County Executive. After a lengthy discussion regarding the right of the um y of Waynesboro's parti- cipation in the District Home, in which each member of the Joint Commissee participated, the following Resolution~ as offered by ~ayor Tebell and seconded by Nr. NcCue, was unanimously adopted: BE IT RESOLVED that this Joint Committee from the Council of the City of Charlottesville and the Board of County Su~rvi~ors of Albe- marle County, recommend to their respective governing bodies that the matter of deciding the City of Waynesboro's ~ight for participation in the District Home be referred to the Courts for final decision. BE IT FURTHE~ RESOLVED that a co~y of this Resolution be forwarded to the Clerk of the Council of the City of Charlottesville and the Clerk of the Board of County Supervisors of Albemarle County. (Signed) D~ A~ Robinson Acting Clerk On motion by,ir. Wood, seconded by Gen. Peyton, the following resolution was adopte. by the follSwing recorded vote: Ayes - ~. Ballard, ~r. Chiles, ~tr. Dottier, Gen. Peyton, and Nri Wood. Noes - None. BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, ~hat this Board approve the resolution adopted at a joint meeting of the committees appointed in the matter ~egarding The.City of Waynesboro participating in ~he District Home, and BE IT FU~THEERESOLVED that the c0mzonwea2thjs Attorney be re- quested to cooperate with the City Attorney of the City of Charlottes- ~lle in the institution of proceedings in accordance with the fore- goingreport. Er. I. T. Quinn, Executive DireCtor of Game and Inland Fisheries, appeared before this Board and the Council of the City of Charlottesville to discuss the previous action taken by this Board and the City Council regarding Lake Albemarle. ~. Quinn stated that it would be impossible to comply with recommendations (1) and (2) as previously approved by this1 Board and the City Council, leaving as the only alternative recommendation (3) and he further! Communicstion was received from the KeswickArea'Citizens Association, requesting that the Board adopt the proposed Septic Tank Ordinance and expressing their feeling that the Joint Health Department should be given the authority which it deems necessary to pur- sue and accomplish an effective, modern, and scientific health program. Dr. S. D. Sturkie and a number of interested citizens appeared and again discussed the ~roposed septic tank ordinance. Upon the ~equest of Dr. Sturkie, the chairman appoLuted a~ committee consisting of Gen. Peyton, ~Ar. Robinson, ~. Fife, and Dr. Sturkie to work on a proposed septic tank ordinance. tfter a discussion of the proposed Sub-division Control Ordinance, the following ordinance was unanimously adopted and ordered published in the Daily Progress by motion of Chiles, seconded by Gen. Pe.~m-. "S~BDIVISiON REGULATIONS Authorized by "The Virginia Land Subdivision Eaw" Chapter 211-A - Sections 5222~A to 5222-F. Statutes of Commonwealth of Virginia which are attached hereto and made a part of these regulations as Appendix A, and prepared by The Planning Commission of the City of Charlottesville, Virginia, November 9, 1948. Revised December 17, 1948: A~proved by The Planning Commission of The 'County of~A1- bemarle April ll, 1949." SECTION DEFinITIONS 1. The Term "governing body" as used in these regulations means the governing body of the City of Charlottesville, or the County of Albemarle, as the case may be. 2. A Subdivision is the division of a tract of land into two or more lots or other division~ of land involving necessity for streets, roads or other public ways, for the purpose, whethe~ immediate or future, of transfer of ownership or building development, including all c~¢uges in street or lot Lines; provided, however, that this definition cfa subdivision shall not include a bonafide division or partition of agricultural land not for development purposes, nordivisiOns of land which may be ordered or approved by the Courts. SECTION II From the effective date of..~h~se regulations, any owner or proprietor of any tract of land which is located wholly wib~in the Corporate Limits of the City of Charlottesville or within a distance of three (3) miles airline measurement thereof, who Subdivides the same, or who causes any streets or phhlic way to be created, shall cause a plat to be made of such sub- division and the same to be recorded'in the office of the respective clerk of the court in which the land is located, and which plat shall be in accordance with all of the following requirements: No such plat or subdivision shall be recorded unless and until it shall have been submitted to and approved by the Planning Commission of the City of Charlottesville for property with- in the Corporate Limits of the City of Charlottesville or by the Albemarle County Planning Commission and the Planning Cbmmission of the City of Charlottesville as required by "The Virginia Land Subdivision La~" for property without said Corporate boundaries and in Albe- marle County. SECTION III GEN,~IL REQULW~F~£~NTS FOR SUBDIVISION OF LAND lo The subdividor shall observe the following general requirements and principles of land subdivision: ~ (a) The Plat shall conform to the adopted Master Plan if one exists. (b) All streets which are designated as a psat of the major highway system on the master Plan shall be co-ordinated with adjoining links in said system. (c) Major Highway widths shall conform to the widths sho~n on the Major Highway Plan where such plan has been approved, and no street shall have a width of less than fm~ty (50) feet. (d) Cul-de-sac, or deafl-end streets are not desirable, but may be permitted, pro- vided they term~uate in a circular right-of-way having a minumum outside radium of fifty (50] feet. (~) As far as practicable all proposed streets shall be continumus and made to il connect existing streets without offset. (f) All lots controlled by these regulations shall front on a publicly dedicated street and should not extend throughtto another street. lots. (g) Corner lots shall be platted not less than ten (10) feet wider than interior (h) Property lines at corners of all intersecting streets shall.be rounded by an arc havir~ a radius of not less than ten (10) feet, except that property lying at major strong intersections or at other locations where traffic hazards and congestion may be anticipated, shall be designed for a radius of thirty (30) feet. (i) Side lot lines in general shall be at right angles or radical to street lines. (j) Lots for .residential pruposes shall have the following m~nim~ requirements: Where neither public water nor public sewage services are available, the minimum area shall be not less than 15,000 square feet and minimum width shall be not less than 75 feet; where either' public water or public sewage service is available, the minimum area~ shall be not les~ than 9,000 square feet and the minimum width shall be not less than 60 feet; where both publi~ water and public sewage services are available, the mi~_imum area shall be not less' than 6,000 square feet~and the minimum width shall be not less than 60 feet. In addition, it is expressly- provided, however, that where the lot area regulations of any Zoning 0rdi- nance require a larger lot area, then the requirements of such Zoning Ordinance shall govern~ (k) The minimum width of any alley shall be twenty. (20) feet, except in BuSiness Districts the minimum width of any alley shall be twenty-four (24~: feet. Alleys which dead- end against permanent barriers are prohibited unless adequate turning area is provided at the terminus. (1) No land shall be subdivided for residential use unless, in the opinion Of the approving Commission, such land, by reason of topography, location and elevation, is suitabl~ for building purposes. (m) Permanent monuments of eton? or concrete shall be placed[~t all block corners or at the tangent points of curves connecting intersection street l~-ues; at the p0int~ ~of curvature and tangency and at fifty foot chord intervals on curved street l~nes; at all corners in the exterior boundary of the subdivision~ except at such corners that ~re~'inacces- sible due to topography; and at such other points as may be designated by the Planning Com- mission of the Oity of Charlottesville or the Albemarle County Planning Commission. The location and character of all such monuments shall be clearly designated on the Final Plat. Such mOnuments shall be set flush with the surface of the ground or finished grade. ~onU,~ ments shall be of precase concrete two (2) feet in length and four (~) inches square Or ~igh~ (8)inches in diameter, having a metal pin imbedded therein; or the monum~nt may be a steel or iron pin five eighths (5/8) inch by thirty (30) inches, or larger, set in one (1) cubic foot of concrete eighteen (18) inches deep and ten (10) inches square, at top and bottom, marking the point represented on the Final Plat. ;~ll concrete mixture shall be l: 3: 6: or equal. Any person, developer, builder, f~rm or corporation, including departments of the City of Charlottesvi]~le and the County of Albemarle, shall ts~ke the necessary precautions to protect all monuments and metal stakes and provided, further, that any monument which is moved or destroyed shall be immediately reported to the City Engineer of Charlottesville Qr to the County Executive of Albemarle County. (n) In general, reserve strips restricting access to streets or alleys will not be l permitted. However, for the protection of a developer or development prior to the assumptio~ of construction and/or maintenance of streets and utilities therein by the approving gover- 1 ning authority such may be per~mitted with the agreement of subsequen~ ceding of title to suc~ strips to the governing authority upon assu~ption of construction and/or maintenance. ~ (o) Easements Except where alleys of not less than fifteen (15) feet are provided for the purpose, the Co~mission may require to be platted easements, not exceeding six (6) feet, on each side of all rear lot lines, and on side lot lines where necessary or, in the opinion of the Com~ission, advisable, for poles, wires, conduits, storm and sanitary sewers, gas, wateri and heat mains or other utility lines. Easements of the same or greater width may be re- quired to be platted along the lines of or across lots where necessary for the develope~5 of future subdivisions or the extension of the eEisting or planned utilities. I (p) In general, the center lines of all intersecting streets shall meet a~a common1 point and shall intersect one another as near to a right an~le as is practicable. ~ (q) No existing local street names or subdivision names shall be duolicated and al~ street names shall be approved by the Planning Commission. - I 2. A variation from any specific item of these general requirements may be permitted by the Planning Commission of the City of Charlottesville or the Albemarle County Pla~ming Commis- sion when topography or other conditions necessitate or justify such variation. SECTION IV PRELImiNARY PLATS 1. In seeking to subdivide land, as defined herein, an.d record such subdivisions and to dedicate streets, alleys o~ other la.nde for publiC us~, the owner or owners shal_ sub~ mit four copies of a PreliminaryPlat, so marked, to the Plarming Co~mtission of the City of Charlottesville or the Albemarle County Planning Commission as the case may be, for their apj proval, before submitting the Final Plat. 2. Tk~ee~.~opie~ of the approved Preliminary Plat shall be kept on file and the other returned to the owner, surveyor or engineer. Such approval of the Preliminary Plat shall be valid for a period of ninety (90) days provided said time may be extended by the~a~ proving Commission. SECTION V FI~AL PLATS 1. (a) Final Plats submitted for approval shall contain a sum~veyor~s or civil en- gineer's certificate stating that the plat s~ud subdivision was made by him at the direction of the owner; and that the subdivision is entirely within the boundaries of land owned by the subdivider; and that the monuments shown on the plat have been actually placed and that their location and character are correctly shown. (b) Every such plat shall contain, Lu addition to the surveyor's or civil en- gineer's certificate provided for, a statement to the effect that the subdivision, as appear~ in the plat~ is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any, Vand shall be duly acknowledged bufore some officer -~ ~'~ ~.~ ~~ ~ ~ow~ed~ed said ola~, court.where deeds are admitted to record for the lands containe~in the plat. 2. (a) The F~ual Plat shall bee in the form of an original tracing on-tr&oi~ng cloth. On the face of the plat a place shall be prepared to receive the signatures, with dates of approval of the Chairman and Secretary of the City Planning CommisSion of ~h&mOi~y of Charlottesville, in the order name. Final Plats lying outside the Corpora~ LimitsSf''~ the City of Charlottesville shall contain space for the sign~tures of~ the Cha~rm~n~land'.~th~ secretary of the Albemarle County Planning Commission and of the Planning Commission of the City of Charlottesville. (b) Following the signed approval of such Final Plat, the City or County Will prepare for its files and other municipal uses ~our or more contact prints of the final plat! after which the signed original tracing will be returned to the ~er. (c) Any additions, subtractions or alterations of any kind to a tracing, fol- lowing approval~ shall cancel and void such approval. (d) Approval of the F~_nal Plat shall be void unless the s~id approved Final Pla~ is offerad for filing and recordation in the office of the respective clerk of the court in which the land is located, within sixty (60) days from date of approval, 3. (a) All Final Plats shall be drawn to a legible scale of not less than one hun~ dred (100) feet to one (1) inch, unless othe~vise approved by the approving Oommission~ (b) All'original tracings shall be (7-3/f~) seven and three-quarters inches Wide by seventeen (17) inches long for tracings to be recorded with the Clerk of the Court, pro- vided that when more than one sheet is necessary to include the enbire subdivision, all sheets needed shall be of the same sized and shall show appropriate match marks on each sheet, so that the several sheets might be conveniently assembled, and ~u index map on the a~me size sheet as are the several plats, shall be filed, showing the entire subdivision on on,sheet, which shall show the various lot and block numbers within the subdivision. A s~ll scale map showing the location of the property subdivided may be required. 4. The Final Pl~t shall be checked for conformity with the~approval Preliminayr Plat and shall show: (a) The title or ns~e under which the subdivision is to be recorded; such name~ or title shall not duplicate the name of any existing recorded subdivision. (b) Dater,s-north point and scale; the scale shall be designated both graphically and by lettering. (c) All dimensions, both linear and angular, for locating botmdaries of the sub- divisions, lots, streets; alle~, public easements and private eastments. The linear dimen- sions shall be expressed in feeg and hundredths of a fobt, and all angular measurements shal~ be expressed by bearings or angles. All curves shall be defined by their radius, central angle, tangent, distance, tangent be~s~ing and arc lengths. Such curve data shall be by a co~ve table lettered on the face of the plat, each curve b~ing tabulated and numbered to correspond with the respective numbered curves shown throughout ~ae plat. (d) The description and location of all monuments shall be sho~m. ~i (e) All dimensions, bot~ linear and angular are to be determLued by an accurate control su~zey in the field whi6h shall be checked for closure and must balance ~ud close within a limit of error of one in t~o thousand.~No plat showing plus or minus distance will be approved. The Planning Commission of the"City of Charlottesville or the Albemarle County Planting Commission, as the case may be, may require such office and field checks to be made ~as may be necessary to assure the accuracy of the plat.~ (~) The boundary of the property being subdivided, the name~ of all proposed streets and the boundaries of all property within the subdivision intended to be dedicated to public use. In the case of the resubdivision of existing recorded lots, existing lot ~ines shall be shown by dotted lines and the resubdivision by full lines. (g) The exact length ~d bearings of boundary lines of blocks, public grounds, streets, alleys and exaSt location of all eastments. (h) The exact widths of all easements, streets and alleys. (i) The angle of departure of adjoining property, street and alley lines, to- gether with the name of ab~tting recorded subdivision. Abutting acreage property not sub- divided shall be designated by the names of the owners, when required. (j) Widths and names of abutting streets and alleys. (k) A definite bearing and distance tie shall be shown between not less than two permanent monuments on the exterior boundary of the subdivision, and to existing street inters sections where possible and reasonably convenient. (1) All lots in each block consecutively nmmbered and lettered. (m) The exact length and bearing of all lot lines; except, that when the lines in any rectangular tier of lots are parallel, it ~hall be sufficient to mark the bearings of the outer lines on one tier thereof. (n) Designating ~ymbols for all lots and blocks. In czse the Final Plat con- sizts of one section of a proposed larger subdivision, then the block numbers shall run con- secutively throughout the several sections of the entire proposed subdivision and each sec- tion designated byletter or number. 5. (a) All pl~ts of property abutting on any natural or artificial body of water shall show the bluff or high water lines, where officially established. (b) Where bluff, or high water lines are interslected by lot or bl~ck lines measurements locating Such intersections shall be given along said lot or block lines. SECTION VI No street shall be accepted and maintained by the City, nor shall any public ~titit~~', such as water, gas sewers and street lights be extended to, or connected with Shy Subdivision of land, nor shall any permit be issued by any a&ministrative agent, department or bureau Of th~ City of Charlottesville or the County of Albemarle, for the construction of any building,' or other improvement or ~ork requiring a permit, upon any land concerning which, a pl~t is re- quired by these regulations, unless and until the requirements thereof have been met. The foregoing regulation shall be effective for the City of CharlottesVille u~on passage by the City Council~ and shall be effective with the t~hree mile bordering s~ea Of Albemarle County upon adoption by ~ae Board'of Supervisors of Albemarle County or, in-th~~ absence of such adoption by said County, upon entering of Court Order as provided in cited Chapter 211-A, Statutes, Commonwealth of Virginia. Upon motion, made by~r. W. W. ~ood and seconded by Gen. P. B. Peyton, the follow- lng resolution was unanimously adopted: WHEREAS, information has come to this Board that the Virginia Tele- phone and Telegraph Company has pending before the State Corporation Commission ~a new application for increase in rates that will affect 8onsiderable increase ~o. users of busiuess and residence telephones in the Co,3mty of Albemarle; AND~J~AS, this Board recognizes efforts made recently bYthe said Company to improve their services and facilities, but believes that~the services rendered to patrons are still far from adequate; BE IT T?~EFORE RESOLVED that the Board of County Supervisors of Albemarle Couuty is opposed to the granting of any increase in rates that will affect residents of the County of Albemarle until such time as the Virginia Telephone and Telegraph Company shall have adequately provided facilities and services justified by the proposed increases; BE IT FURTHER RESOLVED that if, on the hearing of application for increase, the State Corporation Commission .be of the opinion that in~ creases in rates are warranted, then, and Lu that event, the said Com- mission be and it is hereby requested to postpone the effective date~ of such rates until such time as the Company shall have fully demon- strated the sufficiency of new facilities and se~-~ices therewith$ BE IT FURTHER RESOLVED that Nessrs. Henry Chiles and Co R. Dorrier, members of this Board, be and they are hereby designated, for andon behalf of this Board, to appear before the State Corporation Commission at Richmond at the time of the aforesaid hea~ing and present to the said Commission the views of this Board as indicated by the within resolution,~ The following Viewers' report was accepted, ~subje~t to a thirty-foot Unobstructed right-of-way given by the landowners concerned not later ~h~mJune 10, 1949, in accordance with SeCtion 20~9 o~ the Virginia Code~: We, the undersigned, being Viewers' appointed by your Board at its regular meeting on April 20, 1949 to view the following described road and make m~rt to~yonr BOard, wish' to hereby advise that on April 28, 1949 we viewed this secti~of~ad'~dmake the follow- ing report: .... Road leaving Route 29, 0,5 mile North of Charlottesville. It is recommended that 0.06 mile of thais road be taken into the State Secondary System, and that the location be shifted out of the Stream -and be constructed on the bank to the right of the stream. The following Viewers' report was accepted, subject to a thirty-foot unobstructed right-of~ay given hy the landowners concerned, not later than June 10, 1949, in accordance ~ith Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointedby your Bos~d at its regular meeting on April 20, 1949 to view the followi~o described section of road and make report to your Board, ~ish to hereby advise that on April 28, 1949 we viewed this section of road and make the following report: Beginning at Route 250, approximately 0.5 mile West of the Corporate Limits of the City of Charlottesville~ and following the West road ~u the Bell~ir Sub-division for 0.5 mile to bridge over small creek. It is our opinion that this West Road will serve enough families to justify taking 0.5 mile into the State Secondary System. Therefore, we r~commend that this be added to the Secondary System. The following Viewers~ report was accepted, subject to a thirty-footunobstructed right-of-way given, by the lendowners concerned not later than June 10, 19~9, in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by your Board at its regular meeting on April 20, 19~9 to view the following described section of road and ms/~e report to your Board, wish to hereby advise that on April 28, 1949 we viewed this section of road s~udma~e the following report: Leaving Route 746, near Naylor Farm, and continuing Northeast 0.3 mile to the property of H. K. Williams, We reCommend that this 0.3 mile be taken into the State Secondary System. (Signed) E. H. Bain A. T. Durrer G. Stuart Harem A. G. Fray The following Viewers' report was accepted, subject to a ~hirty-foot unobstructed right-of=way given by the landowners concerned not later than June lC, 1949, in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by your Board at its regular meeting held on April 20, 1949 to view the following described section of road and make rep&rt to your Board, wish to hereby advise that on April 28, 1949 we viewed this section of road s~ud make the following report: Road leaving Route 250 approxLmately 2.0 miles East of Shadwell, thence Southeast from old public entrance for 2000 feet. We find that there is need for a public road to serve these people and recommend 'placing of this section in the State Secondary System. (Signed) E. H. Bain A. T. Do~rer G. Stuart Harem A. G. Fray The following Viewers' report was accepted, subject to a thirty-foot unobstructed right-of-way given ~y the landowners concerned not later than June lC, 1949, in accordance with Section 2039 of the Virginia Code: We the ondersigned, being Viewers appointed by your Board at its regular meeting on April 20, 1949 tO ~iew the following described section of road and make report to your Board, hereby wish to advise that on April 28, 1949 ~e Viewed this section of road and make the following report: BegLuning at intersection of Route 618, approximately 0.5 mile North- east of ~he intersection of Route 705 and continuing for approximately 0.6 mile East $8 Fluvanna County Line. With this old road to serve 14 families, 2 of which are in Albemarle County and 12 in Fluvanna County,~ this is their~.only outlet through Albemarle Co~mty. We recommend that this section of road be taken into the State Secon- da~yyS~tem only on condition that the section in Fluvanna County is taken into the System. (SigneR) E. H. Bain A.-T. Durrer G. Stuart Hamm A. G. Fray The following Viewers' report was accepted, subject to a t~hirt2~foot unobstructed right-of-way given by the landowners concerned not later than june t0, 1949, in accordance with Section 2039 of the Virginia Code: We the undersigned, being Viewers appointed by your Board ,at its regular meeting on April 20, 1949 to view the following described section or road and m~ke report~ to your Board, wish to hereby ad'.vise that on April 28, 19~9~e viewed this sec$ion of road and make the following report: Extension of Route 734 Southwest for 0.4 mile. We recommend that this section of road be added to the State Secondar~y System, if and when a third faflily moves into a vac~ut house served by this road, also that ~r. John Powell do the necessar~ grading of this section before it is ts~en into the System. (Signed) E. H. Bain A. T. Durrer G. Stuar~ Harem A. G. Fray The following Viewers' report was accepted ina~corhanca -~ith Section 2039 of the Virginia Code: We~ the undersigned, being Viewers appointed by your Board at i~s regular meeting on April 20, 1949 to view the following described section of road and make report to yo~Board, wish to hereby advise that on April 28, 1949 we viewed this section of road and make the following report: Short ISth Street between East Narket and Chesapeake Streets, East of Charlottesville. We find that this section of road serves only one fam~¢ ~8 +.~+~*~ * ~ (Signed) E. H. Bain A. T. Duffer G. Stuart Hamm A. G. Fray The following Viewers' report was accepted in accordance with Section 2039 of the Virginia Code: We, the undersigned, beLug Viewers appointed by your Board at i~s regular meeting on April 20, 1949 to view the following described section of road gad make report to your Board, wish to hereby advise that on April 28, 1949 we viewed this section of road and make the following report: Road leaving Route 784, near Stony Point, and continu~ug Northwest along old abandoned county road for approximately 500 yar~s. We find this old read to serve only two families and the traffic not sufficient to justify placing in the State Secondary System. There- for~, we csmnot recommend it. (Signed) E. H. Bain A. T. Durrer G. Stuart Harem A. G. Fray The following Viewers' report was mccepted in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by your Board at its regular meeting on April 20, 1949 to view the following d~=cribed section of road and make report to your Board, wish to hereby advise that on April 28, 1949 we viewed this section of road and make the following report: ~ Cleveland Avenue e~tending from 5th Street Northwest to Cherry Avenue. We f~d that this is a sub-division in the process of being developed and the present traffic, in our judgment, does not justify requesting same to be put in the State Secondary Road System. Therefore, we cannot recommend granting of this petition. (Signed) E. H. Bain A. T. Durrer G. Stua~.% Harem A. G. Fray The following Viewers~ report was accepted in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by Your Boar~ at its regular meeting on April 20, 1949 to view the following~described section of road and make report to your Board, wieh to hereby advise that on April 28, 1949 we viewed this section of road s~d make the followLug report: Road be~i~in~ at end of present Route 645 West of Gordonsvilte and continuiug approximately 1.5 miles West and South, intersecting Route ~31 at-the old Edgewood School. We find that this proposed location would, in our opinion, not be justi- fied as construction of same would be expensive. We, therefore, do not recommend granting of this petition. (Sigued) E. H. B&in A. T. Durrer G. Stuart Hamm Ac G. Fr~ay The following Viewers~ rep~ort was accepted in accordance with Section 2039 of the Virginia Code: '~e, the tmdersigned, being Viewers appointed by your Board at its regular meetir~ on April 20, 1949 to view the following described section of road and make report to your Board, wish to 52ereby advise that on April 28, 1949 we viewed this section of road an5_ make the following report: Road leading off Route 712, 1.5 miles Northwest of North Garden, to property of John ~ayo We find that this road will not serve enough ~amilies and~ therefore, it is our recommendation that it not be taken ~to the State Secondary System. (Signed) E. H. Bain A. T. Durrer A. G. Fray G. Stuary Hamm The following Viewers' report was accepted in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by your Board at its regular meeting on April 20, 1949 to view the following described section of road and'make report to your Board, wish to hereby advise that on April 28, 1949 we ~_ewed this section of road and Fake the following report: Road through the property of J. D. Wilde III, from Route 250 torroad known as "Ballard Road" Secondary Route 677. We find that this road would not serve enough families and the cost of construction would be too expensive, Therefore, we cannot recom- men8 that it be t~en into the State Secondary System. (Signed) E. H. Bain A. T. Duffer G. Stuart Harem A. G. Fray The following Viewers' report was accepted in accordance with Section 2039 of the Virginia Code: We, the undersigned, being Viewers appointed by your Board at its regular meeting on April 20~ 19~9 to view the following described section of road and make report to your Board, wish to hereby advise that on April 28, 1949 we viewed this section of road and make the following report: Extension of Route 610 - 0.2 mile beyond present maintenance. We find that this section of road would serve only two f.amities mud is badly in need of drainage. However, we feel that there is not s~ufficient traffic to place same in the State Secondary System. Therefore, we cannot recommend it. (Signed) E. H. Bain A. T. D'~er G. Stuary Harem A. G. Fray Tb~ following Viewers~ report was presented: We, the undersigned, being Viewers appointed by your Board at its regular meeting on April 20, 1949 to view the following described road and make report to your Board, wish to hereby advise that on April 28, 1949, we viewed t~is section of road and make the following report: Beginning at end of Route 691 East of Route 230 in Crozet mud extend- ing for several streets laid out and psa'tially constructed in Sub- division of Blu~ Ridge Motor Company, being a total of approximately 0.5 mile. We find that t&is is a subdi~i~i0n Still in Frocess of berg developed and the present traffic, in o~u~-~crt~ foos not justifyrequesting same being put in the State ~ccndur[' Sys'~~'. Therefore, we cannot recommend the granting of this petition. ~ (Signed) E. H. Bain A. T. Durrer G. Stuart Hamm A. G. Fray It appearing, to this Board that this road meets the requirements of the State De- partment of Highways as to grading~ width and surface, it is therefore recommended that the · !road be taken into the State Secondary Highway System. The following Viewers' report was accepted in accordance with Section 2039 of the Virginia Code when and if State Highway Department subdivision regulations are met: We~ the undersigned, being Viewers appointed byyour Board at its regular meeting on April 20, 1949 to view the following described section of road and make report to your Board,wish ~o hereby advise that on April 28, 1949we ~-ewed this section of road and ms~ke the following report: Road leaving Route 230 in Crozet and extending Esst for 450 feet, be- ~ ing extension of St..George Addition on Route 1202. ~ We find that this road has sufficient traffic and serves enoughtf~milies to justify placir~ it in the State SeconSmry System. Therefore, we reco~end it. ~Signed ) E. H. Bain A. T. Durrer G. Stuart Hmmm A. G. Fray The. following viewerst report, was received: ~our undersigned VieWers appointed by your order made on the day of February, 19~9, respectively report that on the 7t~ day of March, 19~9, they went upon the lands of Jo ~. Flippo, proposed to be taken for the purpose of establishing a public road 30 feet in width and approximately ~3©feet in length, and extending from Route 635~ at a point approximately 500 feet East of the Ne~on County line, ina Southerly direction for approximately ~3 ft. to the center of the old roadbed and entrance to the Hubbard property~ sm.d that your said Viewers are of the opinion that there is a necessity to establish a public road at the location~ that they have located ~he proposed road a_ud return her~ew~th~a~p~a~ o~ diagram showing the route of the same; and that their reasons for preferring this location are as follows:: That the pr&bable costs of establishing such road will be $10.00 to property owner plus cost of construction by State Highway Depart- ment; Tb~t the convenience and ~_uconvenience that will result, as well to the'public as to individuals, arises from the necessity for travel- lng a ~eat distanfe in order to reach the entrance to the Hubbard proParty;~ and that said road will be one of such mere private convenience as ~o make it proper that it should be kept in order by the person~ or persons, own~ug the Hubbard property; That no yard, gs~den or orchard will have to be taken; That the name of the landowner on such route is J. P. Flippo, whose address is Covington Virginia, Box 707, smd that Sam Flippo is the pre- sent tenant on said property; That just compensation to the laD~!o%rner, requiring compensation for said ~and so taken and for the damage to the residue of the tract beyond the peculis~ benefits to be derived in respect to such residue from the road to be established, is $10.00 and that the owner does require com- pensation as the undersigned are infoZ~ed; That the following are other facts and circumstances which in the opinion of the Viewers are useful in determining the expediency of es- tablishing this road; It is apparent tibet when the County of Albemarle relocated Route 636 along this point, it shifted the same appro~_~mately $8 ft. to the North, throwing the road on the property of Mr. Flippo, and did not give. the property owned by Mr. Hubbs_vd an entrance at this point. The Hubbards therefore, had to use the old road to the West for approximately 200 ft. to its intersection with the new location, and this at such an smgte that. it is impossible for them to make a right hand turn coming out and they have to go to the Nelson County Line to turn. The same ~pplies on the left hand_turn entering. We find that the land to be taken off of the Flippo property for a proper entrance for the Hubbard property to be 30.ft. wide and 33 ft. in length, being the distance from the center of the old road - the Hubbard proper~y line - and the East edge of present State right-of-way on Route 6~6. This is just half the old roadbed and western bank of same. All of which is respectfully submitted: (Signed) J. Ao Adams P. H. Gentry W. C.,DouE~s Eugene P.~Durrette It-appearing that J. P. Flippo has now withdrawn objections to the establishing of the road through his property as described in the above Viewers' ~eport, provided it does not interfere with l~_s sp~ing, it is ordered that with this understanding, saidViewerst Report is adopted and the s~id road be established ~th~.vroUte described and that the comp~atio~ Be paid to the owner. Communication WaS received from the State Deoartment of Highways enclosing copies of the _mnal allocation of primary construction funds as approved by the Highway C6m~ssion Eor the year 1949-50. Communications were received from the Department of Highways requesting a resoluti~ from this Board guaranting a forty-foot right of way along a section of Route 692 and eh- closing au omnibus deed to be signed by all landowners along this section of road. Upon motion, made by ~. Chiles and seconded by ~tr. Wood, the following resolution was unsm.~mousl adopted: B~JEAS, the Commonwealth of Virginia tb~ough the Department of High- w~ys has prepared and submitted plans to the Board for the construction or improvement of a section of Route 692 of the State Secondary System, Project /302-03 (Old 1372-H) in Albemarle County, from 0.0~6 Mi. E. Int. Rt. 250 (E. of Afton) to 0.510Mil. W. of W. Int. Rt. 635 (Batesville),- approved April 12, 19~9; and WHEREAS, it is proposed to finsmce the cest of construction fifty percent from Federal Aid Secondary funds and fifty percent from State x~unds allocated to Albemarle County; a~_d WH~.~EAS, it is the desire Of this Board that said road be improved in accordance with said plans. NOW, THEREFORE, BE IT RESOLVED: That this Board hereby approves the plexUS and requests the Department of Highways to proceed with con- struction in accordance with these plans, and this Board hereby agrees t° and does guarantee a 40 ft. unrestricted 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 plans. It is understood, however, that incidental costs such as moving and resetting existing fences, houses, structures, utilities~ or other ob- strt~ctions of such nature, are to be paid from Secondary Fmuds allocated to or to be allocated to Albemarle County. BOARD OF $~RViSORS OF ALBE~ff~W~LE COUNTY By C. Purcell McCue, Chairman ~Upon motion, duly made and seconded, the following resolution was unan~ously adopted: BE IT RES~VED by the Board of County Supervisors of Albemarle County~ Virginia, ~hat all persons desiring to have roads taken ir. to the Secondary System of Highways, shall file with this Board, the following application form with this Board: APPLICATION FOR ADDITION TO ~HE STATE SECONDARY ROAD SYST~ OFFICE THE BOARD OF COUNTY SUPEP~VISORS OF ALBE~a~LE COUNTY i/we hereby petition the Board of Supervisors of Albemarle County to reques~t~.the ~p~cing in ~%he~.Sta~' Secondary System of Roads the following described road:~ t. The names, addresses, and properties of all ~ndowners through which proposed road traverses: 2. The names of all residents ~ving on ~oposed road including number of children in each family attending s~oOl. ~. The number of automobiles mad trucks owned and used by petitioners living on road: Number ~ned ~y 4~ I~ proposed ~oad in condition for traffic? If not, are petitioners willing to put same in condition fo~ traffic? 5. We, the undersigned, be~g all ~ndowners (hs shown Lu No. l) through which proposed road pa~sses, hereby give to the State Highway Department a ~%. unobstructed right of way, free ofcost, and a~ee to back our fences or any buildings~'~hereon:. ~ Exeeption: Names of lam~downers not willing to give free right of way. ~ 6. We, the undersigned petitioners agree to meet the cost of right of~ way through property ~ of landov~er or landowners not willing to give same. ( over. ) Diagram of Road. (Showing connecting roads. ) Communication was received from the Department of Highways advising th~ the High- way D~partment,~ at a meeting held on April ~th and 20th, approved the following, effective July 1, 1949: ROt~.t e i~o. As signed Delete from Primary System, Transfer to Secondary ~System 8O4 Route 335 from Route 800, 0.63 mi. So. of Rt. 6, to Nel- son County Line (Length - C m~mzamca~mons were received from Fred C. Kimbo Claims against the Co~mty amounting to $24,213.25 were presented, examLued, and allowed au~ certified to the Director of Finance for payment and charged ~agaS~st the follow- in~ funds: General Fund School Fund Dog Fund Croze~ Fire District Fund Crozet Sanitary District Fund Joint Health Fund Mc~utir~ Trust Ftmd Comm. of Va. Current Credit Acct. $13,405.51 5,624.25~ 428.O9 · 32.29 19S.75 2,563.8/* 543'19 ., 1,417.3.3 Upon motion, the meeting adjourned. Chairman A regular meetimg of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County en the 15th day of June, 1949. Present: Messrs. C. Purcell McOue, E. J. Ballard, C. R. Dorrier, and W. W. Wood, and Gen. P. B. Peyton. Absent: Mr. Henry Chiles. Officers present: County Executive and Commonwealth's Attorney. Minutes of the meeting of May 18, 1949, were read and approved. Nr. ~. W. Shields appeared and advised that rightm of way had been received.from landowners along that section of road beginning at Route 615 at Lindsay Station and extort&in to the South of the Arbogast property and from landowners on the read leaving Route 250 ap- proximately two miles east of Shadwell, extending Southeast for 2000 ft. Mr. Shields also appeared concerning the improvement of Route 677 for which there is a $10,000 appropriation far the current fiscal year. FollowLng a discussion of this mat- ter, the following resolution, offered by Mr. Ballard and seconded by Mr. Wood, was unani- mously adopted: BE IT RESOLVED by the Board of County Sapervisors of Albemarle County, Virginia, that the State Highway Department be, and is hereby, authorized to put hard surface on Route 677, if, at the end of the current fiscal year, there is a balance lef~ over in the $10~ 000.00 appropriation now being used for widening and ditching this road. Communication was received from the State Department of Highways advising that the following addition and abandonment were approved, effective June 20, 1949: Addition: - From Rt. 717, 0.47 Mi. Northeast of Int. Rt. 717 and Rt. 721 to Int. Rt. 6. (Length - 0.05 ~&ile.) Abandonment- From Int. Rt, 721 to 0.47 Mi. Northeast. (Length 0.47 Mile) Request was received from L. C. Parrish at Dyke, Virginia, to take into t~he Secon- dary System the road leading off of 664 near its intersection with Route 230, for approxi- mately one and one-fourth to one and one-half miles, which serves six families. ~. Parrish was advised that he would be mailed the regular application form as approved by this Beard at the regular May meeting, as soon as the forms are completed. Dr. S. D. Sturkie appeared and presented a revised septic tank ordinance as prepares by the committee appointed for this purpose. Upon motion, made by Gen. peyton and seconded by Mr. Weed, this ordinance, as follows, was unanimously adopted and c~dered published in the Daily Progress once a week for two consecutive weeks: AN C~DINANCE REGULATING THE DISPOSAL OF HUNAN WASTES AND EXGRE~IT IN THE COUNTY 0F~ ALB~, VIRGINIA, AND PROVIDENG ~A PUNISHMENT F~ FAILURE TO C0.~PLY NITH SAID ORDINANCE. Section 1. No person, firm or corporation shall construct on any premises owned by him an arrangement for the disposal of human excrement which may probably endanger any sourc, of d~i~ water, or which allows-flies to have access to the human excrement. Section 2. No person, firm or corporation shall deposit any human excrement upon the surface 0£ the ground or in any place where it may enda~er a source of drinking water or be accessible te flies or animals.