Loading...
HomeMy WebLinkAbout1995-08-09August 9, 1995 (Regular Night Meeting) O00~lO (Page 1) A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held on August 9, 1995, at 7:00 p.m., Room 241, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Present: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Charles S. Martin, Mr. Walter F. Perkins, Mr. Forrest R. Marshall, Jr. and Mrs. Sally H. Thomas. Absent: None officers Present: County Executive, Robert W. Tucker, Jr.; County Attorney, Larry W. Davis; and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:03 p.m. by the Chairman, Mr. Perkins. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBLIC. There were none. Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Marshall, seconded by Mr. Bowerman, to approve items 5.1 through 5.2b on the Consent Agenda and to accept items 5.3 through 5.10 as information. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. Item No. 5.1. ZMA-94-12. River Heights. At the request of staff, ZMA- 94-12 was deferred until action has been taken by the Planning Commission. Item No. 5.2. Resolution to accept streets in Mill Creek - Section 7, into the State Secondary System of Highways. By the recorded vote set out above, the following resolution was adopted: RESOLUTION WHEREAS, the streets in Mill Creek - Section 7 described on the attached Additions Form SR-5(A) dated August 9, 1995, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Mill Creek - Section 7 as described on the attached Additions Form SR-5(A) dated August 9, 1995, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary ease- ments for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The roads described on Additions Form SR-5(A) are: 1) Hidden Ridge Road from Station 10+11, 1474 feet to Station 24+85, the end of the cul-de-sac, with a 50 foot right-of-way, as shown on plat recorded 4/7/92 in the Office the Clerk of the Circuit Court in Deed Book 1216, pages 212-219. Additional right-of-way shown on plat recorded 8/24/93 in Deed Book 1336, pages 51-57. Total mileage - 0.3 mile. August 9, 1995 (Regular Night Meeting) O00~l (Page 2) Item No. 5.2a. Proclamation proclaiming August 29, 1995 through Septem- ber 2, 1995 as Albemarle County Fair W~ek. By the recorded vote set out above, the following proclamation was adopted: ALBEMARLE COUNTY FAIR WEEK WHEREAS, for the past 14 years, the Albemarle County Fair has entertained tens of thousands of guests during its annual production; and WHEREAS, the Albemarle County Fair is unique in many ways, founded by a group of community spirited people who wanted something special for their neighbors and friends to enjoy and enrich their lives. The theme has always emphasized the County's agricultural and forestal heritage; and WHEREAS, the Albemarle County Fair is a non-profit corporation operated by dedicated volunteer, officers and direc- tors; and WHEREAS, the Albemarle County Fair offers an atmosphere condu- cive to families and their children. A friendly, safe, carefree atmosphere is the hallmark of the event. Unique in the state in that all food and drink is sold by local non-profit organizations as an oppor- tunity for them to raise monies for their worthwhile programs; and WHEREAS, the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits of home-art skills, crops, large livestock, small livestock and poultry, with competitions in livestock and numerous other farm skills, and nightly entertainment for all to enjoy; NOW, THEREFORE, I, Walter F. Perkins, Chairman, on behalf of the Albemarle Board of County Supervi- sors, do hereby proclaim the week of AUGUST 29, 1995 THROUGH SEPTEMBER 2, 1995 as ALBEMARLE COUNTY FAIR WEEK and urge all citizens to actively partici- pate in the scheduled activities and pro- grams sponsored and supported by the more than 250 volunteers, public and area busi- nesses. Item No. 5.2b. Resolution endorsing the James Madison Commemorative Coin Act. By the recorded vote set out above, the following resolution was adopted at the request of the Orange County Board of Supervisors: RESOLUTION WHEREAS, Congressman Thomas J. Bliley, Jr., Albemarle County's representative in the U. S. House of Representatives on May 23, 1995, introduced the James Madison Commemorative Coin Act to honor President James Madison; and WHEREAS, the one dollar commemorative coin authorized by this Act duly recognizes the 250th anniversary of James Madison's birth, the year 2001, and his life long home at Orange County, Virginia, the historic Montpelier; and WHEREAS, President James Madison served his native Virginia and the United States of America as a delegate to the Constitu- tional Convention, a member of the Virginia House of Delegates, a member of the U. S. House, as Secretary of State, and as Fourth President of the United States; and WHEREAS, from among all of our nation's founding fathers {led by the Sons of Virginia, George Washington, Thomas Jefferson, George Mason, George Wythe, James Madison and Patrick Henry), President James Madison's record of meritorious service and AUgUSt 9, 1995 (Regular Night Meeting) 000~2 (Page 3) unequaled contributions to the American democratic system has not been properly extolled and understood in recent times; and W~EREAS, the Commemorative Coin Act also will provide a permanent source of support to protect and preserve James Madison's original residence, Montpelier, now owned by the Nation- al Trust for Historic Preservation; and NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby endorses the adoption of the James Madison Commemorative Coin Act as a proper, long overdue tribute to President James Madison and Montpelier and does hereby commend Congressman Thomas J. Bliley, Jr., for his initiative in submitting this legislation to the United States Congress; BE IT RESOLVED FURTHER that as recommended by the June 11, 1995, editorial of the Richmond Times-Dispatch, this Board also believes issuance of a one dollar James Madison coin as a perma- nent part of the U. S. currency Would be a universally used reminder of and welcome tribute to one of our nation's greatest founding fathers. Item No. 5.3. Copies of the Planning Commission minutes for July 18 and July 25, 1995, were received as information. Item No. 5.4. Letter dated August 2, 1995, to Ms. Ella W. Carey, Clerk, ~from Mr. J. H. Shifflett, Jr., Maintenance Operations Manager, Department of Transportation, providing notice that the Route 618 bridge across the Hardware River in Albemarle County will be closed to through traffic beginning Monday, August 7, 1995, through Thursday, August 31, 1995, received for information. The bridge deck will be replaced. It is located northeast of Scottsville, off of Route 795. Item No. 5.5. Copy of minutes of the Board of Directors of the Albemarle County Service Authority for June 15, 1995, received for informa- tion. Item No. 5.6. Letter dated August 1, 1995, to Ms. Ella W. Carey, Clerk, from Ms. Shirley J. Ybarra, Deputy Secretary of Transportation, Department of Transportation, re: Meadow Creek Parkway, was received as follows: "Secretary Martinez has asked me to thank you for your letter of July 13 forwarding a copy of the resolution adopted by the Board of Supervisors on July 12, 1995. The Commonwealth Transportation Board is aware of the desire to have the Meadow Creek Parkway placed in the Primary system. While this would make the corridor eligible for financing utilizing Primary funds, it would not guarantee that the funds necessary for this project will be available in the foreseeable future. The addition of a project of this magnitude would affect the entire Culpeper District Primary Construction Program, and this facility would have to compete with other improvements within the district for funding. While the right-of-way estimate for the Charlottesville Bypass has decreased as a result of modifications to the approved location corridor, we have yet to allocate funds in the Six Year Improve- ment Program for construction of this facility, thus funds are not available for transfer to the Meadow Creek Parkway. Mrs. Humphris said this letter is in response to a Resolution that the Board sent to the Commonwealth Transportation Board (CTB) on July 13, 1995, after it was adopted by the Board on July 12, 1995. The Resolution reflected approximately $10.1 million shown in the Six Year Plan that was over the necessary cost of the Alternative 10 Bypass. The Board requested that this money, since it was already allocated for use in the County, be used for engineering and right-of-way expenses for the Meadow Creek Parkway. She feels that Ms. Ybarra's letter is fine until the last paragraph which simply does not address the situation. This does not address what the Board requested that the money be used for. She asked if she was reading Ms. Ybarra's letter wrong because she felt the letter did not respond to the Board's action. Mr. Tucker said the CTB did not want to give up the $10.1 million, until after it determines what is needed for construction and where the money will come from. Mrs. Humphris commented that even though these funds were allocat- ed for the right-of-way for the Route 29 Bypass, and are not needed for that right-of-way and even though the Meadow Creek Parkway is supposed to have been constructed before the Bypass, the CTB still refuses to give up the extra $10.1 million to start the planning process for the Meadow Creek Parkway. Mr. Tucker said that is the way he interprets the letter. k August 9, 1995 (Regular Night Meeting) (Page 4) O00 ,.q Item No. 5.7. Letter dated August 4, 1995, to Ms. Ella W. Carey, Clerk, from Mr. Gerald G. Utz, Contract Administrator, Department of Transportation, forwarding the following resolution by the Commonwealth Transportation Board allocating Supplemental Revenue Sharing to Albemarle County in the amount of $40,200 for FY 1994-95: RESOLUTION WHEREAS, Section 33.1-75.1 of the Code of Virginia pre- scribes the annual allocation of state funds to provide an equiva- lent matching allocation for certain local funds designated by the governing body to be placed in a special fund account known as "County Primary and Secondary Road Fund"; and WHEREAS, this special fund account "... shall be used solely for the purposes of either (I) maintaining, improving, or con- structing the primary and secondary system within such county or (ii) bringing subdivision streets, used as such prior to July 1, 1983, up to standards sufficient to qualify them for inclusion in the state primary and secondary system ..."; and WHEREAS, Section 33.1-75.1(D) of the Code of Virginia prescribes the allocation of any unassigned funds in this special account; and WHEREAS, over $562,800 of state funds for Fiscal Year 1994- 95 is expected to be unobligated as of June 30, 1995; and WHEREAS, the governing bodies of fourteen of the counties eligible to participate in this supplemental allocation for Fiscal Year 1994-95 have, with the Department, identified specific eligible items of work to be financed from the special fund account as indicated in "Attachment A" (on file in the Clerk's Office); and WHEREAS, it appears that these items of work fall within the intent of Section 33.1-75.1 of the Code of Virginia, and comply with the guidelines of the Department for use of such funds. NOW, THEREFORE, BE IT RESOLVED, that the Commonwealth Transportation Board hereby approves the allocation of these funds as set forth in "Attachment A." Item No. 5.8. Letter dated August 4, 1995, to Ms. Ella W. Carey, Clerk, from Mr. Gerald G. Utz, Contract Administrator, Department of Transportation, forwarding the following resolution by the Commonwealth Transportation Board allocating Industrial Access Funds for FY 1995-96 to provide access to GE Fanuc Automation: RESOLUTION WHEREAS, Section 33.1-221 of the Code of Virginia provides a fund to "... be expended by the Board for constructing, recon- structing, maintaining or improving access roads within counties, cities and towns to industrial sites on which manufacturing, processing or other establishments will be built under firm contract or are already constructed and to publicly owned air- ports;" and WHEREAS, the Albemarle County Board of Supervisors, has, by appropriate resolution, requested Industrial Access Funds to serve the expanding facilities of GE-Fanuc Automation, located in Albemarle County, and said access is estimated to cost $267,000; and WHEREAS, the expansion of GE-Fanuc Automation is expected to generate up to 500 passenger vehicle trips per day; and WHEREAS, it appears that this request falls within the intent of Section 33.1-221. NOW, THEREFORE, BE IT RESOLVED that $267,000 of the 1995-96 Fiscal Year Industrial Access Fund, be allocated to provide adequate access to the facilities of GE-Fanuc Automation, located in Albemarle County, Project 0763-002-251, M501, contingent upon: all necessary right-of-way, environmental assessments and mitigation, and utility adjustments being provided at no cost to the Commonwealth; the payment of all ineligible project costs, and all eligible project costs in excess of this allocation, from sources other than the Industrial Access Fund; 0002 4 August 9, 1995 (Regular Night Meeting) (Page 5) the County's provision of satisfactory documentation of eligible capital outlay by the industry; VDOT determining eligible capital outlay in accordance with current policy and procedure. Item No. 5.9. Copy of letter dated August 3, 1995, to Mr. Robert W. Tucker, County Executive, from Mr. L. A. Reaser, Director of Building Servic- es, re: an invitation to attend a presentation and luncheon scheduled for August 14, 1995, for New High School Partnerships, received for information. Item No. 5.10. Notice dated August 1, 1995, from the Honorable Charles R. Hawkins, Senate of Virginia for an invitation to attend a Route 29 tourism meeting scheduled for August 30, 1995, at the Altavista Train Station, received for information. Agenda Item No. 6. Public Hearing on an ordinance to amend and reenact Chapter 2.1, Agricultural and Forestal Districts, by adding a parcel to Section 2.1.4 (g), Moorman's River Agricultural Forestal Dist. Proposed addition consists of 1 parcel of approx 60 ac on W side of Rt 671 (Ballards Mill Rd) at intersec of Rt 821 (Blufton Mill Rd) N of Millington. (Advertised in the Daily Progress on July 24 and 31, 1995). Mr. Cilimberg summarized the staff report which is on file in the Clerk's Office and made a part of the permanent records of the Board. The Planning Commission at its meeting on July 25, 1995, unanimously recommended approval of the proposed addition to the agricultural/forestal district. With no comments being made by the Board, Mr. Perkins opened the public hearing at 7:10 p.m. With no one else coming forth to speak, the public hearing was closed at 7:10 p.m. Motion was offered by Mrs. Thomas, seconded by Mrs. Humphris, to adopt the following Ordinance to amend and reenact Chapter 2.1, Agricultural and Forestal Districts, by adding a parcel to Section 2.1.4(g), Moorman's River Agricultural Forestal District: ORDINANCE NO. 95-2.1(6) Ai~ ORDINAi~CE TO AMEND A1FD REORDAIN CHAPTER 2.1, AGRICULTUR3~L A/ND FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESCRIBED OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAIN~D by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1.4(g), Moorman's River Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. The district known as the "Moorman's River Agricultur- al and Forestal District" consists of the following described properties: Tax map 27, parcels 32, 34, 40, 40A, 42; tax map 28, parcels 2, 2A, 3, 4, 5, 6, 6A, 7, 7A, 7Al, 7B, 8, 11, 12A, 17A, 17C, 18, 23B, 32B, 32C, 32D, 34, 34A, 34B, 35, 35B, 37, 37A, 37B, 37C, 37D, 38; tax map 29, parcels 2C, 7B, 8, 8B, 8E, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70G, 70H, 70H1, 70K, 70L, 70M, 71, 7lA, 73B, 74A, 76, 77, 78, 79, 79A1, 79A2, 79B, 79C, 79D, 79D1, 80, 84; tax map 30, parcels 10, 10A, 12, 17A, 18E; tax map 41, parcels 15, 17C, 18, 37D1, 41, 41C, 41H, 44, 50, 67, 67B, 68, 70, 72, 72B, 72C, 89; tax map 42, parcels 5, 6, 6B, 8, 8A, 8C, 10, 10A, 10D, 25C, 25C1, 37F, 37J, 38, 40, 40C, 4OD, 40D1, 40G, 40H, 40H2, 41, 42B, 43, 43A, 44, 53 (part), 58; tax map 43, parcels 1, lB, 2, 2A, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9, 10, 16B, 17, 18, 18A, 18C, 18E4, t8F, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 21, 2lA, 23A, 23D, 24, 25A, 25B, 25E, 30, 30A, 30B, 30D, 30G, 30H, 30M, 32H, 33, 33D, 34, 41, 42, 43, 45, 45A, 45C, 45D, 58; tax map 44, parcels 1, 2, 24, 25, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 3lA, 31Al, 31D, 31F, 31G, 32G, 32G1; tax map 59, parcels 30, 30C, 32, 32A, 34, 35, 82A. This district shall be reviewed no more than ten (10) years from December 17, 1994. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. August 9, 1995 (Regular Night Meeting) (Page 6) 000215 Agenda Item No. 7. SP-95-17. University of Virginia Real Estate Foundation. Public Hearing on a request for a 60 bed hospital on approx 49 ac zoned CO. Located in the Fontaine Research Park on S sd of Fontaine Ave. TM76,P17B&17B1. Samuel Miller Dist. (Advertised in the Daily Progress on July 24 and 31, 1995.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's Office and made a part of the permanent records of the Board. The Planning Commission, at its meeting on August 1, 1995, unanimously recommended approval of SP-95-17, subject to four conditions. Mr. Perkins opened the public hearing at 7:13 p.m. Mr. Dean Cinkala said he is a representative of Stone Ridge Associates. Stone Ridge Associates is a real estate advisor to the University of Virginia Real Estate Foundation (UREF). He then introduced Mr. Tim Rose, the Chief Operating Officer of UREF, and Mr. David Westby, Planning Administrator, with the Health Sciences Center. He made a map presentation that reflected the location of the proposed facility. He then asked if Board members had any questions. Mrs. Thomas asked what the City's plans are for the four-laning of the remainder of Fontaine Avenue. She said the University has done a nice job, but the City may not proceed forward with this project. Mr. Tucker said the City Planning Commission is reluctant to move forward, but City Council feels differently. It is his understanding that City Council plans to proceed forward with this project using state highway funds. Mr. Cilimberg said the City Planning Commission recommended dropping the improvements from the Comprehensive Plan, but City Council did not support the recommendation. When City Council was asked whether they would support the four-laning, they were noncommittal. However, City Council did not drop this from their Comprehensive Plan. Mrs. Thomas asked if the Board's action tonight can be shared with City Council. Mr. Cilimberg said City Council has been involved with the rezoning approvals for all of these buildings. Mr. Bowerman and Mrs. Thomas requested that the Chairman send a letter to City Council regarding the Board's action on this issue and with the understanding that City Council still intends to move forward with the four-laning of Fontaine, from UREF's property, into the City. It was the consensus of the Board that this be done. With no one else coming forth to speak, the public hearing was closed at 7:18 p.m. Mr. Marshall asked how tax revenues are collected from UREF's property. Mr. Tucker said through an agreement with the County, UREF pays taxes on all its properties unless they are used for educational purposes. The facilities proposed for this site would be tax-exempt because they are research-oriented uses through the University Hospital. He would have to research which properties are being taxed. Mr. Bowerman asked if there was a connection between this property and the Northridge site. Mr. Tucker said the Health Services Foundation original- ly owned the Northridge site, but now it is owned by the University. That property is tax-exempt. When the property was owned by Health Services Foundation, they agreed to pay a portion of the property taxes. Mr. Marshall asked Mr. Rose if UREF is a profit-making entity of the University. Mr. Rose said UREF is a non-profit corporation, but pays taxes on all properties it owns. Mr. Marshall said he is concerned that the County is removing a lot of taxable land from its tax rolls. He totally supports the University, but this is a profit-making venture for them. Although taxes have been paid in the past on this property, it seems to him it will now be tax- exempt. Mr. Tucker said if the property is used for educational purposes, taxes do not have to be paid. However, if the property is used for some other purpose such as office space, taxes will be paid. Mrs. Humphris said as she understands it, this particular facility will be an Acute Medical Rehabilitation Hospital. It will be a joint venture between the University of Virginia Medical Center and HealthSouth Corporation. She asked if this facility would be for profit. The description in the staff report said technically this would be considered a hospital because of the inpatient care. This use will be associated with medical offices and is more similar to office use in intensity and affect on the area. Mr. Westby said the Acute Medical Rehabilitation Hospital will be constructed as a joint venture with the University of Virginia Medical Center and HealthSouth Corporation. HealthSouth Corporation is a for profit organi- zation but the University Hospital is not. He is not sure how the breakdown of taxes will occur in the joint venture. Mr. Tucker said this is a land use issue only. The Board should not make its decision based on the tax status of the property. The County's Real Estate office will make the determination as to what portion, if any, of taxes should be paid and who is responsible for paying them based on the various USES. ..... J ...................... L ......... ........... ......................................................... ~L ............ August 9, 1995 (Regular Night Meeting) (Page 7) 000216 Mr. Marshall said he intends to support this project, however, he wants to get the tax issue on the table because every time the Board grants a special use permit it leaves the door open for potential new expenses for the County. Mrs. Thomas said she asked Mr. Bruce Woodzell what the County's stan- dards are on this issue. She thinks a separate meeting needs to be scheduled to discuss this issue due to it being confusing and in a gray area. Mr. Bowerman asked Mr. Tucker to review the three party agreement and to reeducate the Board in terms of how the tax situation evolved. Mr. Tucker commented that UREF is the only foundation that pays taxes on its properties. Mrs. Humphris agreed that a work session was needed on this issue. Motion was then offered by Mrs. Thomas, seconded by Mrs. Humphris, to approve SP-95-17 as recommended by the Planning Commission subject to the following four conditions: 2. 3. 4. Use is limited to 60 beds; Use shall not commence until such time as appropriate state and federal approvals have been obtained; Site plan shall not be signed until fire official approval has been obtained; Use shall be for inpatient medical rehabilitation and shall not provide emergency services. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. None. Agenda Item No. 8. SP-95-18. Benny Thacker. Public Hearing on a request for a Home Occupation Class B on approx 89 ac zoned RA. Located on pvt rd approx 1000 ft W of Rt 630 & approx 1.6 mi N of Rt 6. TMl18,P32&33. Scottsville Dist. {Advertised in the Daily Progress on July 24 and 31, 1995.) Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to defer SP-95-18, to September 13, 1995, per the applicant's request. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. None. (Note: Mr. Marshall said he would be out-of-town the week of September 18, 1995.) NOT DOCKETED: EXECUTIVE SESSION: At 7:35 p.m. a motion was offered by Mr. Bowerman, seconded by Mrs. Humphris, that the Board go into Executive Session pursuant to Section 2.1-344(a) of the Code of Virginia under subsec- tion (7) to consult with legal counsel and staff regarding probable litigation concerning a taxation matter. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. None. At 8:05 p.m., Mr. Perkins called the Board back to order in public session. CERTIFY EXECUTIVE SESSION: At 8:05 p.m. a motion was offered by Mr. Bowerman, seconded by Mrs. Humphris, to certify the Executive Session by recorded vote that to the best of each board member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the Executive Session were heard, discussed or considered in the following Executive Session. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. None. Agenda Item No. 9. CPA-95-03. Use Value Taxation for Open Space. Public Hearing on a request to amend the Comprehensive Plan for Albemarle County, Virginia, Chapter 4, to establish the gonsistency of various park or recreation uses with the Land Use Plan for purposes of qualifying for use value taxation as open space use. (Advertised in the Daily Progress on July 24 and 31, 1995.) Mr. ~ilimberg summarized the staff report which is on file in the August 9, 1995 (Regular Night Meeting) (Page 8) 0002 l? Clerk's Office and made a part of the permanent records of the Board. The Planning Commission, at its meeting on August 1, 1995, by a vote of 5-1, recommended approval of the comprehensive plan amendment. Mr. Perkins opened the public hearing at 8:10 p.m. Mr. Hugh Cavett said he is a fourteen year resident of the County. He asked what the Comprehensive Plan amendment entailed and if it excluded golf courses. Mr. Davis said golf courses are not identified in the Comprehensive Plan, and they may be one of many uses that may not qualify for open space in the Comprehensive Plan. Mr. Cavett said he objects to allowing private golf courses to have tax-exempt status. Mr. Warren Vandell said he lives at 737 C Mountainwood Road in the County. The private golf courses serve a need in drawing people away from the public golf courses so that people who cannot afford the large membership fees for private golf courses can still have a place to play. Golf courses help sell land and develop areas. He requested that the Board not amend the Comprehensive Plan, to let it stand as is and to allow Farmington and Glenmore special tax categories for their golf course property. With no one else coming forth to speak, the public hearing was closed at 8:20 p.m. Mrs. Humphris said she has reached the conclusion that the staff's recommendation is a good one. It clarifies this issue in the Comprehensive Plan and provides for the elements set forth in the Open Space Plan and in the Community Facilities Plan. This seems to her a good recommendation that she intends to support. Mr. Thomas said the County already has the Community Facilities Plan that serves the public benefit and includes the discussion of parks, play areas, athletic fields, swimming, boating, fishing, and it does not specifi- cally mention golf courses or clubs. She thinks this amendment carries out the supporting documents to the Comprehensive Plan and that it is appropriate. Motion was offered by Mr. Bowerman, seconded by Mr. Marshall, to approve an amendment to the Comprehensive Plan, Chapter Four, Implementing the Plan, page 225, at the end of the section titled, Use Value Assessment (Land Use Tax), recommended by the Planning Commission as follows: Albemarle County currently has an ordinance, adopted on August 23, 1973, (Code of Albemarle, Sections 8-31 through 8-40) which permits all four classifications of use value taxation: Agriculture, Forestry, Horticulture, and Open Space. In order for land to qualify for the Open Space category, it must meet both General and Specific Standards found in the Manual of the State Land Evaluation Advisory Council. In addition to meeting these standards as prescribed by the Code of Virginia, any park and recreation use must also meet all of the following local criteria in order to comply with the General Standards and qualify for use value taxation under the Open Space category. The park or recreation use: Must provide open space which serves the objective, "to provide active/passive recreation," as discussed in the Comprehensive Plan, Chapter Two, under Open Space; and Must help to meet the recreational needs of the County as identified in the Community Facilities Plan, the Open Space Plan, or as otherwise defined in the Comprehensive Plan; and Must be open to the public without any membership requirement. Provided, however, the following use, which is considered as consistent with number two above in providing an identified community need, is expected from the no membership requirement criteria: a. athletic fields. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. None. Agenda Item No. 10. Other Matters Not Listed on the Agenda from the BOARD. Mrs. Thomas said the Board received, from the County Executive, a position description regarding the site review process. She said, very strongly, the site review process has a purpose not only for the development community but also for the public and for neighbors. She is a strong support- er of the site review round table discussions, the QUIP Customer Service August 9, 1995 (Regular Night Meeting) (Page 9) 0002 8 Survey and the need to streamline appropriate processes. She certainly does "not want to throw this particular baby out with the bath." She thinks that the site review planning committee meetings are a very important aspect of the County's planning process. She requested that there be some discussion of this before doing away with the site review committee. Mr. Tucker said it is not the intent to do a way with the site review committee. Mrs. Thomas said she is talking about the meetings. She realizes that the committee may still exist, but she wants meetings. Mr. Tucker said he believed that the meetings would still occur. He said better coordination, streamlining and disagreements between various departments need to be worked out through a single source. Mrs. Humphris said she received a couple of telephone calls regarding this issue. After reading the letter, she still is not sure as to the intent. It seems to her, that an ombudsman is going to be established for the develop- ment community. She is not asking Mr. Tucker to respond now but she thinks that the site review process merits discussion, and she will be contacting him for an update. There are many concerns in the community regarding this issue. Mr. Bowerman asked that the site review process be scheduled as a discussion for the September 6, 1995, day meeting. The Board concurred with this action. Mrs. Humphris said she has been talking with a lot of residents from Sugar Hollow about their concerns. She asked one lady to make a presentation to the Board at the September 6, 1995, meeting, under Transportation Matters, regarding the work that is being done by V DOT along the river and the road reconstruction work at Sugar Hollow. Mrs. Humphris said she has been receiving a lot of mail regarding the Ivy Landfill. She is in the process of responding to letters. Mrs. Thomas said the Local Government Official's Conference (LGOC) is scheduled for this weekend and will continue through Tuesday morning. On Tuesday morning, the Commission on State and Local Government Responsibility and Taxing Authority will have one of its statewide public hearings in Char- lottesville. This is the County's opportunity to respond directly to Commis- sion members. She asked Mr. Tucker if the County had anything, from previous years, in its legislative packet that can be emphasized to the Commission. She requested that the Chairman present this packet to the Commission. Mr. Tucker said he would investigate, but he did not think there is anything of merit to present. Mrs. Humphris said the LGOC will have a work session on the Business Professions and Occupations License (BPOL) tax which is scheduled for Monday afternoon. Mrs. Humphris said she attended a dinner sponsored by the Farm Bureau last night. She said members presented a packet of resolutions that dealt with federal, state and local government. She asked if the Farm Bureau has ever sent resolutions to the Board because she does not remember receiving any. There seems to be confusion about these resolutions and which branch of government has the power to do what. She requested that Mr. Tucker obtain from the Farm Bureau the resolutions that were passed that involve local government and to respond to them appropriately. Mr. Perkins said a list can be obtained from the Farm Bureau office. Mr. Bowerman said he received a telephone call from the President of the League of Women Voters regarding the proliferation of utility boxes, located on top of the ground about every fifty feet, along Old Brook Road. There seems to be a lack of coordination between the utility companies. Mrs. Thomas asked if this could be a part of the Master Utilities Plan that will be worked on soon. Mr. Cilimberg said this is more of a site plan review issue. Mr. Bowerman said he does not believe this is addressed anywhere. Mr. Bowerman asked staff to investigate whether there could be any coordination between the utility companies in placing these boxes without costing the utilities a lot of money. Mrs. Thomas said there has to be a way to get people together such as the utilities and landowners. Mr. Cilimberg said representatives of all the utility companies are on the site review committee. Agenda Item No. 10a. Executive Session: Legal Matters. Motion was made by Mr. Bowerman, seconded by Mrs. Humphris, that the Board go into Executive Session at 8:41 p.m., pursuant to section 2.1-344(a) of the Code of Virginia under subsection (7) to consult with legal counsel and staff regard- ing specific legal matters concerning reversion. Roll was called and the motion carried by the following recorded vote: August 9, 1995 (Regular Night Meeting) (Page 10) 0002i9 AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. At 9:37 p.m., Mr. Perkins called the Board back to order in public session. Agenda Item No. 10b. Certify Executive Session. Motion was made by Mr. Bowerman, seconded by Mrs. Humphris, to certify the Executive Session at 9:37 p.m., by recorded vote that to the best of each board member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the Executive Session were heard, discussed or considered in the following Executive Session. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None. Agenda Item No. 11. Adjourn. At 9:40 p.m., motion was made by Mr. Bowerman, seconded by Mrs. Humphris, to adjourn until Monday, August 14, 1995, at 5:00 p.m., for the purpose of conducting an Executive Session prior to the regularly scheduled meeting. Roll was called and the motion carried by the following recorded vote: AYES: Mrs. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas and Mr. Bowerman. NAYS: None.