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1934-01-01 At a~ dUly Called meeting of the Board of County ,~p~ervi~-S~r.s;~. of Albemarle County.,. ~Virginia, .held at the Court House~ of said lst-day ,of ~anua~y 19Z4. 'Present: J.N.FraY, Chairman, C.Purcell NcCue, O' Neill, P.H,Gentry. and E,J:Ballard. ......... - .... THE !HST OR ORGANIZATION ~EET~I, NG OF, ~BOARD OF COUNTY ~R~.f$O~O.F ALBEM~ARLE .~NT~Z~DN~. ~E~.~THE COUN~~ EXECUTIVE'FO~ OF ~GOVER~ENT. ~e General Assembly of Virgi~a, Acts of 19~2,'~ ChaD~ter ~8~ page e~cted a law pro~idi~ for ~w forms of organization and Go,orient of Co~ties. ~suant to-'the terms of ~at statute the qualif.ied~wot~erS of Albe~rle County at a speci~ election held on the 2~, day of May, ~9~ voted to .cha~e the existi~ form of Gover~ent to the C.o~ty Exeeu~ve ~orm of Gover~ent as ~own by an order entered by ~e Circuit CouP. of,.~bema~le County Nay 8, 19'~ ~d spread in Law Order Book ~ page ~1,.~1 a ~eep~?~e~Of bei~ spread in the minutes o.f the ~a~ 17, l~ meetim~ of ~the B°ard:oE~Supervlsors A of '~lbemarle ~ounty (~inute Book 1920 t~ page ~88). At ~e gener~ election held ~ove~er ~, 19~ the q~lified voters ef elected as members of ~e Board of ~Co~.~pervisors of Albe~rte Co~ty for the term begi~ January .1, 19~ and e~i~ De~:ember 19~5; ' '~ ~-.N.Fray~- C.~urcell ~c~ue~. P~E. Gent~, E,$.~lla~d~. ~..A.0~Neill, duly qu~ified .and given bo~zl as required by law as_shown by orders en~ere~,.by ~he Circuit Court of Albemarle County December 27, 1933'-and 'spread~ 48 page 229,. etc. ~. ~e first or organization meeting of the Board of county Supervisors of ,Albemarle,, '¢omnty was held at the Court ,House ofsaid-.County on the first day of January,,:. 1934 for the purpose of organizing and p~ovi~ng ..fo~ the ~erformance of the governmenta~ ~mnctions of the Oount~, unde~ the~C~Unty ExeCutive form o2 Government. C. Pur cell ~-,~¢ '~ue, . P..H. ~entry and, ~/~E.Langhe~ne. ~e!.Board was called to-~order~, .a~nd on motion duly seconded., C. purcell Merci was. unantmGus.ly elected .,temporary Chairman ..... · he~ Temporary Chairman tooE.~.-th~e, chaz~- and eatled~,~or ,nominations 2or Chairman of ~,th~e Board,. J,M.Fr'ay was nomin~ted,~.by~,P,E~Geutry and seconded~' by E.J.Ballard and was unanimously eledted as Chairman of~the Board-for the year 1934. ~e ~Ch~irman of the Beard then took the chair and called for n~minati. for Vice Chairman of the Board. P..H.Gentry was nSminated by~Purcell McCue and seconded ~by J.A.,O'Neill and was unanimomaly elected ~iee~i~airman of the Board'for the year 19~4. On motion of ¢,Purcell McCue and seconded by~.E,J,Ba!l~rd, H,A.Haden EEREAS~, the decision Of the Supreme Court-.of Appe'als..~o~ ~trginia_in that suit may-' have a very material bearing on the interests~o£.-~&l~bemar~'~.e~CoUnty and its Government .... .~.. -' · NOW ~HEREFORE, be it RESOLVED by the~Board of COun~ty.~ S~perv-i~sor~J. of Albemarle County that John S,Graves, ~pec~al Counsel of the Boar~b~.~z.nd..~he is hereby directed to ~sk leave to take part in the ~roceedinE~...~ and if permitted by the Court to file a brief on b.ehal£~ ef~h~i~C~u~y~'~s~n~t~e such part .in~.the proceedings as he may be permitted, to the end~ th~t'~%~h~'~omrt may uphold the constitutionality of said Act and approve the g.o~e~en~"-'~f counties organized and governed thereunder. t~e Coun. ty..Executive recommended J,F.Garth as .an~emple~ee.~e~'~he DeparSment.of Finance. On motion of E,J,Ballard and second~d~b~$~A,G~Neill~ J,F,Garth~as~unanimously elected as en employee of~the ~epartme~t of~ina~ce at a salary 'of $~00,00 per month, ~ On motiOn of N,H.L~anghorne, seconded ~! E,J, Ballard, il~was~resolved that the State Auditor of Public Accounts be reqUested to ma~e ~a~udit of the records of the County including the office of Treasurer, Board of Supervisors, School Board and the Commissione~ ef nevenue~ from the date of the task~au~i~down to as near the date of the completion of the audit as practicable .... On motion~yE,J,Ballard and seconded by P,H,Gent~ it. was moved and unanimously Eesoved that the resolution appointing John ~S, Graves as_Special counsel be reconsidered, on motion of C.Purcell MCCue and seconded by 2.Ni~Gentry, John S, Gr~ves is appointed County Attorney, and pursuant to Chapter 368. of the~.ACts of the Assembly of 1932 all legal work of the County of a civil, na~tur~e is transferred from the office ~of.~.the Attorney fo~ the ~ommonwealth.~to the office of County Attorney. The County AttOrney shall attend all meetings~ of~.ths~Board of~ County Supervisors and act as legal advisor to the Board~ and prosecute~-~.-n~-~e~.e~d all legal proceedings to which the ~ounty is a party and per£o.rm.ls~¢h other duties as may from time to time ~be required of him by the Board of County. Supervisors, 9~pon motion ~of .J,A.,.O~! Neill and seconded.~.by P,H,Ge-~t~:~he~.~2ollowing resolution was adopted. WHEREAS, the General~ AssemblY of-Virginia~, Acts of .1S32,..-.Chapter 368 p. 727 enacted a.l-aw~.:pro~din~.. £er new'~fomms of. organizatio~n and government'-of counties. Pursuant to the terms of' that statute-the Gu Iified ~o.tprmS ..of .Albemarle County at a special election held on ~he 2nd, day of May, 1~33 voted by .a vote of 139B for and 710 against, to change the 'existing form of Govennment~..~to:~the county eXeCmtfve form of Government as shown by an order entered by the O~rcuit C ~ ourt of Albemarle County May 8, 1933 and spread in Law Order ~ook' 48...page~ il, and WHEREAS, at the general election held Novembe~ ~?.,:..I~$.~...~he :~qUalified voters of'Al-bemarle ~ounty elected a Board of County Superviso~.s~ of Albemarle County ~EREAS, H.A,H~den h~s duly qualified and gi~e.n?~bomd-~aa~ Director of ~inance as required by law, ~d, W~REAS, u~er s~d law ~e powers ~d duties oE~ She~Oe~i~ener of Eev~ue for Albemarle Co~ty and of the Treas~er of transferred to the Director of Finance, and ~HEREAS, pursuant to said law, J,Fendal Ga~th,~Go~i~s~sioner~ef-Eevenue, whose office expires December ~l, l~ has turned over his~ of~e~ te~H~A.Haden, Director of ~i~nee of Albemarle Cowry as req~red. ~osition of assistant in the office ef Director of ~E~EAS,m ~' . 8tuar~ H~, former Treas~er~ o~ .~l'o. ema~e~.~o~ whose office e~es Dec,her Sl, 19S5 as provided by said la~ al~hom~h d~manded so to in ~e preence of ~e BOard by H.A.Haden, DirectOr Co~ty refused to t~r~ over .his office or ~y of the~ CoSnty~ ~.~%y"Tn his posses cl~imi~ that his ~?~;~?~ot expire on Dec,bet ~1, ~.: ~t.~::.~-t~.~he was entitled to.hold office until December ~l, 1965 NOW ~EREFOEE BE tT ~SOLVED, that the Co~ty aE~n~._t~e such steps as may be proper, to. require G.stuarb-Hmmm to~.~t~n o~er ~nd det~iq~~E~;~aden, Director of Finance all.~]~o~ty property now in his poss~asst~:~m~includi~ e~Deei all records rela%i~ to taxes, and cash on hand-s.or on .deposit in-~y Ba~. A duly called special meeting of the Board of Coun~Y~ ~Pe visors was held January End 19S~ -a~ the C6urt House of Albemar!~Count¥~.-~irEinia. Pres.ent~ ~P~.H~Gentry,~ ~ice Chairman, G.Purcel!~.~¢~x~e, ~.A.0! Neill, E.J. Bal~d and W,~.~angho~e On motion by ~r'. Langhorne, seconded by ~r.~ G~'~ei'll the following resolution was unanimously adopted WHEREAS, under~ ~the County Executive.£orm of go~ernment, duly adopted and effective January l, 1934 as the form of organization and .~go.~e~nment~ of Albemarle County, the Dowers and duties of the.~Treaau~er of Albema~r&e.~Oounty have been transf~e~re~by law to the Director of ~ WHEREAS, H.A.aaden has beeu dUlY elected and ~has q~alified, given bond and taken office as Dir~ector of Finamce of Albemarle County., N~W THE~EFORE BE IT RESOLVED, by the of Albemarle County that H.A~Haden be and he ia. he~e~.~..a~%horized to ~co~terzign all checks on f~nds ~f the Co~u~.~ on deposit in the Peoples National Bank of Charlottesville, ,Virginia and/~r in the NatienaL,.~-~k~and~.-~.r~a~t,~C~m~any of Charlottesville~ ~irgir~ia,.in the p~z~¢e and stead of ..~ua~t~Eamm, fo~mer Treasure of Albemarle County. :~ . BE IT ~ETHER RESOLVED that all checks on-~A~ interest accounts of the ~. ~hairman of the ~inance Committee County shall .also be signed by C.Purcell ~c~e, C of the Board'~as~.w~ell as countersiE ed by ~he Dirm~eCtor of Finance and checks on all other funds~ of '-the~ County shall be signed by F .~ . J.N. ray, Chairman of the Board in addition 'to ;being countersigned by the Director of~ ~i~anee, ~O ~ion,