HomeMy WebLinkAbout20050504actions 1
ACTIONS
Board of Supervisors Meeting of May 4, 2005
May 6, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 9:04 a.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Debi Moyers .
4. From the Public: Matters Not Listed on the Agenda.
· Sara Lee Barnes, Chair of the Historic
Preservation Committee, informed the Board
that May is National Preservation Month. She
then updated the Board on the Committee’s
work on country stores. On May 24th at 6 p.m.
at the Senior Center, the Committee will be
presenting an updated version of the Country
Stores Project.
· Jeff Werner, a resident of the City of
Charlottesville, spoke about the history of wine
making in this area.
5a. Boards and Commissions Certificate of
Appreciation.
· Chairman PRESENTED certificate to Kirk Train
formally of Architectural Review Board.
5b. Resolution by Delegate Mitch Van Yahres.
· REMOVED from agenda.
Clerk: Res chedule on June 1st agenda, if ready
for presentation.
6.2 Set public hearing for June 1, 2005 on an
Ordinance to amend the County Code, Chapter 15,
Taxation, Article XIV, Enhanced Emergency
Telephone Service Tax – E-911.
· SET public hearing for June 1, 2005.
Clerk: Advertise and sched ule on June 1, 2005
agenda.
6.3 Acquisition of Conservation Easements (ACE)
Preliminary Ranking Order for FY 2004-05.
· APPROVED recommendation from staff and
ACE Committee to have the ten (10) properties
from the FY 2004 -05 ACE applicant pool
appraised.
Ches Goodall: Proceed as directed.
6.4 Proclamation recognizing May 15 through May 21,
2005 as Emergency Medical Services Week.
· Chairman PRESENTED proclamation to Steve
Elliott from Fire/Rescue Department.
(Attachment 1)
6.5 Proclamation recognizing May 12, 2005 as Police
Memorial Day.
· Chairman PRESENTED proclamation to
Captain Limerick from the Police Department.
(Attachment 2)
6.6 Authorize County Executive to execute
Howardsville River Access Lease Agreement.
· AUTHORIZED the County Executive to execut e
the attached lease agreement.
County Attorney: Provide Clerk with copy of
signed document .
(Attachment 3)
6.7 Formation of Natural Heritage Committee.
· DEFERRED until June 1st.
Clerk: Res chedule on June 1st consent agenda.
6.8 Resolution to accept road (s) in Beckoning Ridge
Subdivision into the State Secondary System of
Highways.
· ADOPTED the attached resolution.
Clerk: Forward sign ed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 4)
2
6.9 Historic Preservation Committee requests
pertaining to current legislation, re: changes to
Section 106 of the Historic Preservation Act and tax
incentives for conservation easements.
· APPROVED request to send letters from the
Board to legislative representatives regarding
their commitment to preservation and
conservation. CONSENSUS by the Board to
also send a letter to Congressman Cantor
dealing with the conservation easement issue.
Clerk: Proceed as directed.
6.10 Timetable for FY06/07-FY10/11 Strategic Plan.
· APPROVED the timetable for the FY 06/07
Strategic Plan Development Cycle and to
PROCEED with planning the activities for the
development of the FY 06/07 – FY 10-11
Strategic Plan.
Lori Allhouse: Proceed as directed.
6.11 Park View Senior Apartments at South Pantops
Subsidy Request.
· D ENIED JABA’s request for County subsidy of
$36,000 per year for ten (10) years for above
referenced senior housing.
Clerk: Send letter to JABA.
7a. Discussion: Meadow Creek Parkway/CATEC
Impacts.
· HELD discussion. CONSENSUS by Board that
Jack Kelsey meet with CATEC to review the
two alternatives and make a recommendation.
Jack Kelsey: Proceed as directed.
7b. Discussion: Reclassification of East Rio Road as
Arterial Highway/Establish Rio East as Entrance
Corridor Overlay District.
· HELD discussion and CO NSENSUS to support
request. Mr. Tucker stated staff will develop
basis and start process with VDOT.
Juan Wade: Proceed as directed.
7c . Transportation Matters not Listed on the Agenda.
Jim Utterback:
· Made comment on item 7b. If the intent is to
change East Rio Road from urban collector to
an urban arterial, it goes through County staff,
the MPO and then to VDOT for concurrence.
Federal Highway Administration decision.
· On Dry Bridge Road, plan to install the guardrail
this week.
· He received the traffic study report from Traffic
Engineering regarding the Rio Road and
Dunlora Subdivision request for a traffic signal.
At this time they are not supporting the request.
· VDOT still looking at the intersection of Route
614 and Garth Road.
· Route 250 along Brownsville School will be
getting raised pavement markers for reflectors
to be installed. Traffic Engineers also agreed to
install a new eastbound sign with no cost to the
County.
· To add two-tenths of a mile to Via Lane would
take a formal addition to the state system. Ms.
Thomas asked if it could be a rural addition.
Mr. Utterback stated it could. He will sit down
with Mark Graham in the future to go over
recent guidance from Richmond on rural
Clerk: Forward comments to VDOT.
3
addition authorities . Will bring back to the
Board at a future meeting to outline the issues
and how to proceed.
· Regarding Mosby and Old Trail Bridges, the
latest plans have been submitted and are in
Richmond.
· VDOT looked at the sight distance at the
Meadows and came to the conclusion there
was some sight distance to the left. They have
an easement so VDOT is going back to clear
some of that area in the next couple of weeks.
· Regarding the dangerous curve sign request
coming into Crozet from Buck Mountain Road,
VDOT did put up an additional sign, one of
many that are out there. Asked Traffic
Engineer to go back and look at some raised
pavement markings or some other type of “in”
pavement markings to try and help that
situation.
· Potholes on Westmoreland Road/Old Brook
Road have been taken care of.
· Said the only building being impacted by the
Route 22/250 intersection improvements is the
convenience/gas station that has a site plan to
upgrade or change their site contingent on the
new project.
· VDOT is paving roads right now. Will provide
list of roads to Board scheduled for asphalt this
spring/summer. Another plant mix schedule will
start August 1st and go until December.
Sally Thomas:
· Legally, VDOT can remove signs that are in the
right -of-way. She would like to see that
enforced. Mr. Utterback stated, as a mat ter of
operations, if VDOT crews see the signs, they
do remove them. If there are a number of signs
and they can pinpoint where the signs are
coming from, VDOT can send a letter with
ramifications .
· Wanted to know when equipment is gone from
Ivy Interchange will it get reseeded. Mr.
Utterback stated it would.
· Stated lights on 250 East (Pantops area) are
not coordinated. Mr. Utterback said he would
check on the synchronizing.
Dennis Rooker:
· Wanted to know what can be done about place
on Old Ballard Road where a car can go
airborne. It has become a big thing at Western
Albemarle High School before you graduate to
drive 70 to 90 mph down Old Ballard Road and
go airborne. Asked VDOT to look at and see
what can be done. Mr. Utterback said he
would look int o it.
· Asked about paving on Old Garth Road. VDOT
has done some work and will go back in next
week. Mr. Utterback said once all the patches
are fixed, they will go ahead with surface
4
treatment.
· Asked for a copy of the Colth urst Drive Speed
Study of April 4, 2005.
Ken Boyd:
· Asked if work on Gilbert Station Road is starting
this month. Mr. Utterback said “yes ” once the
pipe issue is resolved.
· Wanted to know if he had any information on
the traffic light at Hollymead Town Center. He
has a constituent who li ves in Forest Lakes who
goes to CVS and cannot get across Route 29
before the light turns red on him. Mr. Utterback
said he conveyed it to the Traffic Engineer and
they will look to see if the signals are operating
properly first and then look at the cycle times.
· Rocky Hollow Road Community Association
wants a 25 MPH Speed Limit sign on that road.
There are no speed limit signs currently on the
road.
· Said the two Rural Rustic Roads will be
completed this summer. His question is do we
wait until the fall to look at the Six-Year Plan
again or do we start looking at the next roads in
sequence for the Rural Rustic Road Plan.
Mr. Boyd said if funds are available he would
like to start on next project. Following same
discussion, Mr. Rooker asked for an update in
June.
Lindsay Dorrier:
· Asked for periodic updates on improvements to
Blenheim Road. Mr. Utterback said they have
not done anything since last fall.
Clerk: Schedule update on June 1st agenda.
8. Presentation: Hazard Mitigation Plan, Thomas
Jefferson Planning District Commission.
· PRESENTED by Bill Wanner. SET public
hearing for June 1st.
Clerk: Advertise and schedule on June 1st
agenda.
· The Board recessed at 10:47 a.m. and reconvened
at 10:58 a.m.
9. Presentation of the Assets for Youth Report,
Saphira Baker.
· RECEIVED report. Presentation given by Winx
Lawrence-University of Virginia.
10. Annual Real Estate Reassessment Report .
· DISCUSSED. Mr. Wyant wanted to know if this
would require a public hearing. Mr. Boyd said
he would like to see a financial cost benefit
analysis going from biennial to annual
assessments. Ms. Thomas questioned
whet her the appeal process was long enough.
CONSENSUS of the Board for staff to come
back with additional information. Specifically,
computation of numbers, a look at the revenue
picture on how it might affect the first year
revenues , and whether it can be stretched to 30
days on the appeal process. Provide update at
July 6th meeting.
Richard Wiggans: Proceed as directed.
Clerk: Schedule on July 6th agenda.
11. FY05 Third Quarter Financial Report.
· ACCEPTED FY05 Third Quarter Financial
5
Report.
12. Closed Session: Personnel and Legal Matters.
· At 11:42 a.m., the Board went into closed
session to consider appointments to Boards,
Committees and Commissions; to conduct an
administrative evaluation; and to discuss a
prospective business locating in the County.
13. Certified Close Session.
· At 1:40 p.m., the Board reconvened into open
session and certified the closed session.
14. Appointments to Boards and Commissions.
· REAPPOINTED Waltine Eubanks and William
Harvey to Advisory Council on Aging with said
terms to expire May 31, 2007.
· REAPPOINTED Gregory MacDonald to
Charlottesville/Albemarle Convention and
Visitors’ Bureau Management Board with said
term to expire June 30, 2007.
· APPOINTED Wendi Wills El-Amin, M.D. to
Region Ten Community Services Board with
said term to expire June 30, 2008.
Clerk: Prepare appointment letters, update
Boards and Commissions book and notify
appropriate persons.
15 Presentation: League of Women Voters’ Report on
Rivanna Authorities.
· RECEIVED report . Presentation given by Liz
Palmer.
16. FY 2005 Budget Amendment.
· APPROVED FY 2005 Budget Amendment in
the amount of $1,091,434.24 and FY 2005
Appropriations #2005048, #2005052,
#2005053, #2005054, #2005055, #2005056,
#2005057, and #2005058.
· Ms. Thomas said she would like to get an
accounting of the Department of Homeland
Security grants and expenditures.
Clerk: Forward signed appropriation forms to
Richard Wiggans, OMB and copy appropriate
individuals.
OMB: Proceed as directed.
17. Ordinance to add Article V, Private Ground Water
Well Testing.
· ADOPTED the ordinance, by a vote of 6:0.
· Mr. Rooker asked staff to come back with
additional information on other pollutants and
how the County might deal with them.
· Mr. Rooker brought up the public notice aspect
and whether there is anything the County can
do to make sure the people that buy into these
areas receive some kind of notice. Mr. Davis
stated the County could have local information
at the building permit stage. Mr. Rooker asked
about putting a link to contaminated sites on the
County’s website. He also asked that the
County send the web link out to realtors who
deal directly with buyers and renters.
Clerk: Forward adopted ordinance to County
Attorney’s Office for inclusion in next update of
County Code and copy appropriate individuals
in Community Development.
Mark Graham: Proceed as directed.
Lee Catlin: Proceed as directed.
(Attachment 5)
18. SP-2004-002. Charlottesville Kingdom Hall (Sign
#34).
· APPROVED SP-2004 -0 02, by a vote of 6:0,
subject to the five conditions as recommended.
Clerk: Set out conditions of approval.
(Attachment 6)
19. SP-2004-057. Church of Latter Day Saints (Sign
#59).
· APPROVED SP-2004 -057, by a vote of 6:0,
subject to the five conditions as recommended.
Clerk: Set out conditions of approval.
(Attachment 6)
6
· The Board recessed at 2:50 p.m. and reconvened
at 3:00 p.m..
20. Cate Wyatt, Journey Through Hallowed Ground.
· PRESENTED. Their request to the Board is the
consideration of the Resolution in Support of
the Journey Through Hallowed Ground,
participation in the June 2nd event, and the
Board’s active participation as a partner in the
workshops. ADOPTED the proposed
resolution, by a vote of 6:0, with the following
addition, “and is the Albemarle County home of
the Monacan Indian Tribe,” in the sixth
paragraph.
Clerk: Forward signed resolution to Cate Wyatt.
(Attachment 7)
21. Work Session: Affordable Housing
Implementation Recommendations.
· HELD. Chairman thanked the Housing
Committee for all their work on the
recommendations. Asked that thank -you letters
be written to the committee members.
CONSENSUS of the Board, by a vote of 6:0, to
direct staff to bring back a Resolution of Intent
to amend the Comprehensive Plan and the
Zoning Ordinance for the June 1st agenda.
Clerk: Proceed as directed.
County Attorney: Proceed as directed.
22. Discussion: Northern Development Areas Master
Plan Project Status Report.
· HELD discussion. Board asked for copies of
the scopes of work and contract for the master
plan and companion transportation study.
Clerk: Forward copies to Board members.
23. Canceled May 11, 2005 Board meeting, by a vote
of 6:0.
24. From the Board: Matters Not Listed on the Agenda.
David Wyant:
· Did not like response to temporary signs issue
regarding non -profit groups having to pay the
fee. Would like staff to look at it some more.
Sally Thomas:
· Offered motion which was seconded by David
Bowerman asking the Chairman to write a letter
to Nature Conservancy requesting they allow a
second wooden communications monopole to
be co-located with the one currently installed on
Verulam Farm. Motion PASSED by a vote of
6:0.
· The Rivanna River Basin Commission is going
around fundraising. They have raised about
one -third of wh at they need to raise so Board
members may hear from private enterprises
who are being asked to donate.
· Wanted to know if anyone was going to the
Virginia Workforce Council meeting tomorrow.
· Wanted to know if anyone was going to the
steering committees for VACO on Friday. Mr.
Tucker suggested she contact Ron White.
· Wanted to know if the Virginia Railway Express
met with any other Board members. Mr. Tucker
and Mr. Rooker said they met with them. She
said they are looking at a survey to see whether
they can expand their weekday service to our
Clerk: Proceed as directed.
7
area.
· Said she had the chance yesterday to meet
with relevant officials at DEQ. Said DEQ is
going to be involved in more things than they
were in the past. Said there will be more
requirements attached to anything the County
submits.
Dennis Rooker:
· Having small group meetings in pre paration for
pre -application meeting. Pre-application
meeting is scheduled for June 22nd. The goal of
the group is to try to come to an agreement as
to what the group can present at the pre-
application meeting. Group met with Fluvanna
and Louisa Counties to discuss Albemarle
County joining their application. Said group
asked Mark Graham to work with engineer from
Fluvanna and RWSA to get estimate between
both approaches (jointly or on our own) to
James River.
· Couple of things came out of legislation: fu nds
were approved for staffing of adequate
firefighters and emergency response,
something called SAFER, a matching grant
fund to reimburse local government for their
share of new Federal program to encourage
localities to hire more firefighters. Mr. Tucker
said staff is looking at that. There is $250,000
in Virginia Tourism Authority to make grants to
regional and local tourism authorities available.
Also, language regarding funding for
metropolitan areas east or adjacent to Route 29
for ground transport ation systems and research
funds for localities that have a build out
analysis.
· Said he asked the Community Development
Department to look at Gannett Fleming’s report
and population assumptions used.
Ken Boyd:
· Said he has been getting a number of calls
about the panhandlers. Mr. Davis said his
office has drafted an ordinance which will be
coming to the Board for public hearing in July.
25. Adjourn to May 12, 2005, 5:00 p.m., Montalto at
Monticello.
· The meeting was adjourned at 5:55 p.m.
/djm
Attachment 1 – Proclamation recognizing May 15 through May 21, 2005 as Emergency Medical Services
Week
Attachment 2 – Proclamation recognizing May 12, 2005 as Police Memorial Day
Attachment 3 – Howardsville River Access Lease Agreement
Attachment 4 – Resolution to accept road(s) in Beckoning Ridge Subdivision
Attachment 5 – Ordinance to add Article V, Private Ground Water Well Testing
Attachment 6 – Conditions of Approval for Planning items
Attachment 7 – Resolution in Support of the Journey Through Hallowed Ground
8
ATTACHMENT 1
Emergency Medical Services Week
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesavi ng care
to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of
those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians, emergency
nurses, emergency medical technicians, police officers, firefighters, educators,
administrators, communications personnel, and others; and
WHEREAS, the members of emergency medical services teams, car eer and volunteer, engage in
thousands of hours of specialized training and continuing education to enhance their
lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical
services providers by designating Emergency Medical Services Week;
NOW, THEREFORE, BE IT RESOLVED that I, Dennis S. Rooker, Chairman on behalf of the Albemarle
Board of County Supervisors, do hereby proclaim
May 15-21, 2005
as
Emergency Medical Services Week
in Albemarl e County, Virginia, and encourage the community to observe this week with
appropriate programs, ceremonies and activities.
9
ATTACHMENT 2
NATIONAL POLICE MEMORIAL WEEK
WHEREAS, May 15 of each year was proclaimed "Police Officer's Memorial Day" by
President John F. Kennedy on October 1, 1962, in honor of those peace officers
who, through their courageous deeds, have lost their lives or become disabled in
the performance of duty; and
WHEREAS, Albemarle County is faithfully served by a professional and committed Police
Department whose men and women are dedicated to providing outstanding service
to the community; and
WHEREAS, these days of increasing fear, rising crime, reckless acts of violence, recall to our
minds President Kennedy's words of praise for these officers as "truly men and
women of courage, judgment and dedication;" and
WHEREAS, we share his sentiments and agree that it is time to remind the public of the day-by-
day heroism of our officers, both those on active duty and those who have given
their lives in the line of duty; and
WHEREAS, we will be recognizing Police Memorial Day in Albemarle County with a special
ceremony to be held on May 12, 2005;
NOW, THEREFORE, I, Dennis S. Rooker, Chairman on behalf of the Albemarle Board of County
Supervisors, do hereby declare and set aside the week of
May 9-15, 2005
as
NATIONAL POLICE MEMORIAL WEEK
and call upon all citizens to recognize the significant efforts and accomplishments of
these officers.
10
ATTACHMENT 3
LEASE AGREEMENT
THIS LEASE AGREEMENT made by and between JAMES E. CREWS (“Landlord”), whose
address is P.O. Box 187, Buckingham, Virginia 23921, and the COUNTY OF ALBEMARLE, VIRGI NIA
(“Tenant”).
SECTION 1
1.1 Date of Lease . June 1, 2005.
1.2 Property. That certain lot or parcel of land located in Howardsville, Virginia and described as
a 15-foot strip of land to the river consisting of .049 acres, and additional property to be used
for parking (collectively the "Property").
1.3 Commencement Date . June 1, 2005.
1.4 Term. June 1, 2005 to May 31, 2010. Tenant may terminate this Lease Agreement for
convenience at any time, upon giving written notice to the Landlord. Landlord may terminate
the lease at end of each year (May 31st) with 90 days written notice to Tenant. In the event of
termination by either party, any obligations provided for hereunder, including but not limited to
the payment of rent, shall cease, with no further liability to either party.
1.5 Rent. Tenant shall pay a total annual rent of $4,000.00 during the initial term and agrees to
an annual increase of $250.00 for each of the subsequent years (two through five) of the term
of this Agreement. Rent shall be due on or before June 1st of each year of the lease period.
1.6 Permitted Uses. The County intends to use the Property in order to provide public river
access for fishing and related recreational uses, and parking for cars and trailers using the
boat ramp.
SECTION 2
Maintenance and Upkeep of Property
2.1 Maintenance and Upkeep. During the term of this Agreement, Tenant shall:
(a) Establish a parking area for cars and trailers on landlord’s TMP 139A -16 as near as
possible to the railroad property. The limit of the eastern boundary line of the parking
area is approximately 167 feet from the nearest rail and the limit of the western
boundary line of the parking area is approximately 136 feet from the nearest rail;
(b) Provide fencing with access gates outside of VDOT’s right of way from parking area
to boat ramp on all property owned totally or in part by Landlord;
(c) Post and enforce “No Parking” between parking area and boat launch;
(d) Fence off and post closed VDGIF river front property with the exception of that area
necessary to maneuver vehicles and trailers loading and unloading at ramp;
(e) Post signs at limits of Property stating: “No Trespassing. Persons proceeding beyond
this point without the written permission of the owner will be treated as trespassers”;
(f) As authorized by the Chief of Police and Sheriff for the County of Albemarle, Tenant
will instruct Police and Sheriff department personnel to enforce Property rules as well
as trespassing on Landlord’s property from Property;
(g) Maintain all fencing and signage placed by the County on the Property and provide
additional fencing and/or signage if Landlord and Tenant jointly agree;
11
(h) Provide a minimum of twice-weekly trash pick-up of the Property and to adjacent
Landlord’s property if trash is related to use of the Property;
(i) Provide regular mowing and trimming services of the Property as needed; this will
include trimming on both sides of all fence installed by the Tenant including fencing
around Landlord’s garden area;
(j) Provide 270 hours of annual on-site Police or Sheriff Department supervision. Tenant
intends that direct police supervision will be targeted during peak use hours or other
times as may be needed. Costs of such supervision will be the responsibility of
Tenant. Additional on-site police or sheriff department services will be provided for
security reasons if Landlord and Tenant mutually agree;
(k) Provide portable toilet service for the site; and
(l) Tenant will provide protective fencing around Landlord’s garden area on adjacent
TMP 139A -17.
2.2 Condition of Property upon Surrender. Tenant accepts the Property “as is” and will, at the
expiration or other termination of the term thereof, surrender and deliver the Property in the
same order and condition as the Property shall be at the Commencement Date of the term of
this Agreement, ordinary wear and tear excepted.
SECTION 3
Liability
3.1 Loss or Damage to Property or Persons. Neither Landlord nor Tenant, nor their respective
officers, employees, agents or representatives shall be liable for any loss, damage or injury to
property or persons caused by the negligent or intentional acts or omissions of third parties in
connection with the uses contemplated by this Agreement.
3.2 Waiver of Liability. Landlord assumes no liability or duty to third parties because of Tenant's
occupation or use of the Property, and Landlord assumes no liability or responsibility for
Tenant’s conduct and operation of Tenant’s business on the Property during the term of this
Agreement, except as ot herwise specified herein. Landlord and Tenant are separate entities
with separate duties; they are not engaging in any joint venture, partnership or concerted
action. Neither party assumes any liability for the wrongful acts or omissions of the other.
SECTION 4
Damage or Destruction by Casualty
4.1 Damage . If during the term of this Agreement, all or any portion of the Property shall be
damaged or destroyed by fire, flood, windstorm, strikes, riots, acts of public enemy, acts of
God, or other casualty, this Agreement shall terminate at the option of Tenant in accordance
with Section 1.4.
4.2 Partial Invalidity. If any term, covenant or condition of this Agreement, or the application
thereof, to any person or circumstance shall to any extent be invalid or unenforceable, the
remainder of this Agreement, or the application of such term, covenant or condition to persons
or circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
4.3 Approvals. This Agreement is subject to and contingent upon approval of its terms by
the Board of Supervisors of Albemarle County, Virginia.
4.4 Annual Appropriations. This Agreement is subject to annual funding by the Board of
Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors fails
12
to appropriate funds necessary to fulfill Tenant’s obligations specified in this Agreement, this
Agreement shall be deemed cancelled, with no penalty of further liability to the County, and of
no effect.
SECTION 5
Governing Law
This Agreement shall be in all respects governed by and interpreted in accordance with the
laws of the Commonwealth of Virginia. Exclusive venue for any dispute arising under this
Agreement shall be in the Circuit Court for the County of Albemarle, Virginia. In the event of
any material breach of this Agreement by either party, the nonbreaching party shall have the
right to obtain an immediate injunction or other equitable or legal relief.
SECTION 6
Entire Agreement
This Agreement sets forth all the covenants, promises, agreements, conditions and
understandings between the parties concerning the Property and there are no other such
covenants, promises, agreements, conditions and understandings, either oral or written,
between them other than herein set forth. Except as otherwise provided in this Agreement,
no subsequent modification, alteration, amendment, change or addition to this Agreement
shall be binding upon Landlord or Tenant unless reduced to writing and signed by them.
This Agreement may be executed, acknowledged and delivered in counterp arts and each
such counterpart shall constitute an original, but together such counterparts shall constitute
only one instrument.
SECTION 7
Notices
7.l Addresses for Notices. All notices required or desired to be given hereunder by either party
to the other shall be personally delivered and addressed as follows:
Landlord: Tenant :
Mr. James E. Crews Mr. Pat Mullaney,
P.O. Box 187 Director of Parks and Recreation
Buckingham, VA 23921 County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
7.2 Effective Date of Notices. Notice shall be deemed to be effective when personally mailed
via first class mail, postage prepaid, unless otherwise stipulated herein.
13
ATTACHMENT 4
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the 4th day
of May 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Beckoning Ridge Subdivision de scribed on the attached Additions
Form SR-5(A) dated May 4, 2005, fully incorporated herein by reference, is 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 street(s) meet the re quirements 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 Transpo r tation to add the road(s) in Beckoning Ridge Subdivision
as described on the attached Additions Form SR-5(A) dated May 4, 2005, 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, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a cert ified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Beckoning Ridge Road (State Route 1609) from Route 677 (Old Ballard Road) to the
cul-de -sac, as shown on plat recorded 12/2/2003 in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 2650, pages 338 -343, with a 50-foot variable right -of-
way width, for a length of 0.19 mile.
Total Mileage - 0.19 mile.
14
ATTACHMENT 5
ORDINANCE NO. 05-5(1)
AN ORDINANCE TO AMEND CHAPTER 5, BUILDING REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 5,
Building Regulations, is hereby amended and reordained as follows:
By Adding:
Article V. Private Ground Water Well Testing
Sec. 5-500 Purpose and intent.
Sec. 5-501 Applicability.
Sec. 5-502 Well testing and reporting.
Sec. 5-503 Building permit; withhol ding
Chapter 5. Building Regulations
Article V. Private Ground Water Well Testing
Sec. 5-500 Purpose and intent.
The board of supervisors finds that the release or discharge of petroleum from leaking
underground storage tanks may pollute ground water and, at high enough levels, these pollutants may
render water unsuitable for drinking and may cause adverse effects on the public health, safety and
welfare. The board also finds that establishing new private ground water wells in the immediate area of a
contamination plume could alter the conditions of existing contamination plumes and draw contaminants
into areas that are currently free from contamination.
The purpose and intent of this article is to protect the public health, safety and welfare in areas
where there has been a petroleum release or discharge within the county confirmed by the Virginia
Department of Environmental Quality. Therefore, new private ground water wells in such areas shall be
tested for petroleum contamination as provided herein to determine the extent of the contamination, if
any, and to assure that the wells satisfy existing federal or state drinking water quality standards for the
contaminants.
State law reference: Va. Code § 32-176.5.
Sec. 5-501 Applicability.
This article shall apply to those areas of the county where the release or discharge of petroleum
from leaking underground storage tanks has been confirmed by the Virginia Department of Environmental
Quality and such an area remains an active contamination area.
For the purposes of this article, the term “active contamination area” means those lands within the
area identified by the Virginia Department of Environmental Quality to be contaminated such that, in its
judgment, the contamination poses a risk to human health and the environment and warrants corrective
action or remediation, and those lands within two thousand (2,000) feet of the contaminated area
determined by the Virginia Department of Environmental Quality to be at risk for contamination.
Sec. 5-502. Well testing and reporting.
Each applicant for a building permit for a structure to be located within an active contamination
area and to be served by a private ground water well as the primary potable water supply shall have the
well tested as provided herein prior to the issuance of a building permit for the structure:
15
A. Contaminants to be tested. The tests shall determine whether the following volatile
organic compounds are present in the water: Benzene, Toluene, Ethylbenzene, and Xylenes.
B. Applicable standards . Each contaminant identified in section 5-502(A) shall be tested for
compliance with the maximum contaminant level established for that contaminant under the federal Safe
Drinking Water Act, as follows:
1. Benzene: 0.005 M CL (mg/L).
2. Toluene: 1 MCL (mg/L).
3. Ethylbenzene: 0.7 MCL (mg/L).
4. Xylenes (total): 10 MCL (mg/L).
For the purposes of this article, the term “MCL” means the maximum contaminant level, which is
the highest level of a contaminant that is allowed in drinking water. The units are expressed in milligrams
per liter (mg/L); milligrams per liter are equivalent to parts per million.
C. Sampling and testing methods and services . Samples shall be taken and tests shall be
performed using appropriate testing methods by either the Virginia Department of Environmental Quality
or by a laboratory certified by the Commonwealth of Virginia to perform such services. No such tests
shall be conducted by Consolidated Laboratories. The cost of such tests shall be paid by the landowner.
D. Reporting of test results. The testing laboratory shall notify the landowner of the test
results in a written report.
Sec. 5-503. Building permit; withholding.
Each applicant for a building permit for a structure to be served by a private ground water well as
the primary potable water supply within an active contamination area shall present the report containing
the test results required by section 5-502 prior to issuance of the building permit.
A. No contaminants detected. If there are no tested contaminants detected, then the
building permit shall be issued provided that all other applicable requirements are satisfied.
B. Contaminants detected; exceed applicable standards . No building permit shall be issued
if one or more contaminants are detected and they exceed the federal Safe Drinking Water Act standards
identified in section 5-502(B), unless and until the applicant has identified and provided an approved
alternative primary potable water supply.
16
ATTACHMENT 6
SP-2004-00 2. Charlottesville Kingdom Hall (Sign #34). Request to allow Church in accord
w/Secs 14.2.2.12 & 15.2.2.12 of the Zoning Ord which allow for Churches. TM 76, Ps 51 & 52A3, contain
3.685 acs. Znd R-2 & R-4 respectively. Loc on Old Lynchburg Rd (Rt 631), at intersec of Old Lynchburg
Rd & Sunset Avd Extd. Scottsville Dist.
1. The development of the site shall be in general accord with the concept plan entitled Proposed
Addition Kingdom Hall of Jehovah’s Witnesses Charlottesville, Virginia prepared by Hardee
Johnston, A.I.A., and A.S.L.A. and dated December 28, 2004;
2. The area of assembly shall be limited to a maximum of two (2) auditoriums with one hundred
seventy-five (175) seats in each;
3. The final site plan shall show an area to be graded across the front of the site to allow the future
installation of a sidewalk by others (the "sidewalk area"). The final site plan shall include a note
reserving the sidewalk area for future dedication. The sidewalk area shall be graded in
conjunction with the installation of other improvements on the site required by the site plan.
The sidewalk area shall be graded in compliance with the grading standards imposed by the
agent. Upon request by the County, the sidewalk area shall be dedicated for public use. The
owner shall grant all necessary temporary construction easements to allow the sidewalk to
be installed;
4. The building shall not have more than one (1) apartment; and
5. There shall be no day care center or private school on site without approval of a separate special
use permit.
__________
SP-2004-057. Church of Jesus Christ of Latter Day Saints (Sign #59). Request to allow
church construction in accord w/Sec 10.2.2.35 of the Zoning Ord which allows for churches in RA. TM 32,
P 17 contains portion of 5.14 acs. Znd RA. (It is this portion that will be reviewed for this SUP.) Loc at
1651 Airport Rd. Rio Dist.
1. The church’s improvements and the scale and location of the improvements shall be developed in
general accord with the concept plan entitled “The Church of Jesus Christ of Latter Day Saints,
Rivanna Ward Waynesboro Va. Stake, Conceptual Site Layout and Utility Plan” dated January
13, 2005;
2. The proposed road or access way shall conform to public street standards for an urban section
including a curb, gutter, six (6)-foot planting strip, street trees, and five (5)-foot sidewalk along the
LDS site;
3. The area of assembly shall be limited to a maximum eight thousand eight hundred (8,800) square
feet ;
4. Conference meetings using an assembly area exceeding six thousand two hundred (6,200 )
square feet, which is an area comprised of the chapel, overflow, and half of the cultural center as
identified on Attachment D, shall be limited to four (4) times per year; and
5. Day care use shall be prohibited unless approved through a special use permit amendment.
17
ATTACHMENT 7
RESOLUTION
Journey Through Hallowed Ground
WHEREAS, the Journey Through Hallowed Ground project, the Route 15 corridor stretching from
Gettysburg to Orange, and generally following Route 231/Route 22 from Orange to Monticello,
was created through a partnership among the National Trust for Historic Preservation, Scenic
America, the Conservation Fund, the Piedmont Environmental Council, and has since expanded
to include the Civil War Preservation Trust, the National Register of Historic Places, Scenic
Virginia, the Virginia/Maryland and Pennsylvania Departments of Historic Resources, the
Pennsylvania Environmental Council, the Adams County (Pennsylvania) Board of
Commissioners, the Adams County (Pennsylvania) Planning Department, the Center for Rural
Pennsylvania, the Frederick (Maryland) County Planning Department, Main Street Gettysburg,
Main Street Frederick, the Town of Le esburg, the Town of Purcellville, Scenic Maryland,
Preservation Pennsylvania, the Virginia Land Trust, and the Virginia Outdoors Foundation,
among others; and
WHEREAS, the Virginia portion of the Journey Through Hallowed Ground is a scenic and historically rich
landscape that encompasses 75 miles and nine counties of Virginia hillside along US Route 15
and generally following Route 231/Route 22 from Orange to Monticello; and
WHEREAS, the Virginia portion of the Journey Through Hallowed Ground will contribute to the economic
development potential of the localities that border the Routes 15/231/22 corridor; and
WHEREAS, the Virginia portion of the Journey Through Hallowed Ground includes sites of great
historical significance that evoke the lives and actions of the soldiers, statesmen, farmers, and
slaves who lived in, worked in, fought for, and governed the region; and
WHEREAS, the Virginia portion of the Journey Through Hallowed Ground features sites of African-
American historical significance, includin g Madden’s Tavern, Aldie Mill, and Douglass High
School; and
WHEREAS, the Virginia portion of the Journey Through Hallowed Ground was first used as a hunting and
trading route for the Susquehannock and Iroquois Indians, and is the Albemarle County home of
the Monacan Indian Tribe, and is therefore important to Native American heritage; and
WHEREAS, the Albemarle portion of the Journey Through Hallowed Ground was home to America’s
founding fathers and features presidential sites such as Thomas Jefferson’s Monticello, and
James Monroe’s Ashlawn Highland; and
WHEREAS, the Albemarle portion of the Journey Through Hallowed Ground is home to two World
Heritage Sites, Monticello and The University of Virginia Rotunda; and
WHEREAS, the Albemarle portion of the Journey Through Hallowed Ground features three Historic
Districts listed on the National Register of Historic Places including, the Charlottesville and
Albemarle County Courthouse Historic District, the University of Virginia Historic District and the
Sout hwest Mountai ns Rural Historic District; and
WHEREAS, the Journey Through Hallowed Ground project allows Virginia a valuable opportunity to form
a partnership with and learn from groups in Maryland and Pennsylvania;
NOW, THEREFORE BE IT RESOLVED by the Albemarle Board of Supervisors, that this Board hereby
acknowledge the intrinsic importance to Virginia of the Journey Through Hallowed Ground project
and recognize this historic corridor as a gateway to some of the most important locations in both
American and Virginia history, encompassing centuries of historic sites in scenic settings; and
18
BE IT FURTHER RESOLVED, that the Clerk send a copy of this resolution to the Executive Director of
the Journey Through Hallowed Ground to share with all partners in order that they may be
apprised of the sense of this Board of Supervisors in this matter.
* * * *