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Board of Supervisors Meeting of July 6, 2005
July 8, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:05 a.m. by the
Chairman, Mr. Rooker. All BOS members,
except Mr. Dorrier, were present. Also present
were Bob Tucker, Larry Davis and Debi
Moyers.
4. From the Public: Matters Not Listed on the Agenda.
• John Martin, who lives in Free Union, spoke
about the protection of the Chesapeake Bay.
Given this community’s commitment to the
Chesapeake Bay, it seems to him, this would
be the appropriate time for the Board to have
staff consult with Rivanna and find out what
Rivanna is voluntarily doing to reduce nutrient
loads in the river and to see what additional
things it can do voluntarily.
• Jamie Spence, with Church Hill Development
and a member of the Affordable Housing
Implementation Committee, spoke about
housing issues.
• Neil Williamson, with the Free Enterprise
Forum, spoke about workforce housing and
housing prices in the area. He gave the Board
a copy of a recently released Department of
Housing and Urban Development Study that
focused on the impacts and regulatory barriers
on developing workforce and affordable
housing.
• Jeff Werner, with Piedmont Environmental
Council, spoke about affordable housing and
the market place.
Clerk: Forward comments to Tom Frederick of
Rivanna.
5a. Recognition of EMS Personnel.
• Chairman recognized the following personnel
for May 19, 2005 emergency response:
Captain David Puckett, FF/Medic John James,
FF/EMT Quen Marchant, John Burruss,
Paramedic, Duty Officer, Carrie Weber,
Paramedic, Ashleigh Edwards, EMT/Shock
Trauma Technician, Lisa Jensen, EMT, Steve
Hull, EMT, Celeste Smelser, EMT Cardiac
Technician, Debbie Wade, Lisa Fitzgerald,
Officer Darrell Byers, Officer Michael Easton,
Kara Conley, RN, Kristi Mann, RN and Ann
Harris.
5b. Introduction of Susan Stimart, Business
Development Facilitator.
• Mr. Tucker introduced Susan Stimart, the
County’s newly hired Business Development
Facilitator.
5c. Proclamation recognizing August 2 through August
7, 2005 as Albemarle County Fair Week.
• Chairman PRESENTED proclamation to Lauren
Hensley, Pre-Teen Miss Albemarle County Fair
2004.
(Attachment 1)
6.2 Advisory guidelines to VDOT for review of property Juan Wade: Forward guidelines to VDOT.
owner initiated and funded improvements to public
roads.
• APPROVED the guidelines and requested that
staff forward them to VDOT for use with similar
improvement projects in the future.
(Attachment 2)
6.3 Authorize County Executive to sign Natural
Heritage Data License.
• AUTHORIZED County Executive to sign the
Department of Conservation and Recreation
Natural Heritage Program License on behalf of
the County after it is modified to meet all legal
requirements deemed necessary by the County
Attorney.
County Attorney: Provide Clerk with copy of
signed document.
(Attachment 3)
6.4 Authorize County Executive to sign Crozet
Streetscape Enhancement Project Agreement.
• AUTHORIZED County Executive to sign the
agreement on behalf of the County after it has
been approved as to form by the County
Attorney with any necessary revisions.
County Attorney: Provide Clerk with copy of
signed document.
6.5 Resolution of Intent – Contractor’s Office and
Equipment Storage Yard change from by-right use
in LI zoning district to use by special use permit.
• ADOPTED the attached Resolution of Intent to
amend the Zoning Ordinance to change
contractor’s office and equipment storage yard
from a by-right use to a special use permit in
the Light Industrial (LI) District.
• Recommended regular Commission and Board
public hearings be held.
Clerk: Forward copy of adopted resolution to
Planning Department and appropriate
individuals, to proceed with proposed
amendments for public hearing.
(Attachment 4)
6.6 Resolution to accept road(s) in Hollymead
Subdivision into the State Secondary System of
Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 5)
6.7 Resolution to accept road(s) in Boston Creek
Subdivision into the State Secondary System of
Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 6)
6.8 FY 2005/06 Budget Issues – Sheriff’s Staffing.
• APPROVED in FY 05/06 budget one additional
deputy, including one-time start up costs, and a
half-time clerical position, for a total cost of
$61,379.
OMB: Notify Sheriff’s office of Board actions.
6.9 Revisions to Petty Cash Resolution.
• ADOPTED the attached resolution.
Clerk: Forward adopted resolution to Finance,
OMB and appropriate individuals.
(Attachment 7)
6.10 Revisions to Personnel Policy P-02.
• ADOPTED the attached resolution.
• Ms. Thomas asked that a letter of appreciation
be sent to the DSS employees who are
continuing in their positions despite a pay cut.
Clerk: Forward signed resolution to Kimberly
Suyes and copy County Attorney’s office.
Roxanne White: Draft letter and forward to
Clerk.
(Attachment 8)
6.11 Alberene Road (Route 719) Child At Play Sign
Request.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution to Juan Wade
to forward necessary paperwork to VDOT.
(Attachment 9)
7a. VDOT Rural Addition Policy – Eligibility to
Participate.
• DISCUSSED. CONSENSUS of the Board not
to change the Subdivision Ordinance in order to
maintain eligibility for the Rural Additions
Program.
Mark Graham: Notify VDOT of Board’s action.
7b. Other Transportation Matters.
Jim Utterback:
• Gave update on Rural Rustic Roads. Work on
Allen Road is complete. Gilbert Station Road is
30 to 40 percent complete.
• Talked to residency engineer in Nelson County
regarding Heards Mountain Road and they are
planning to complete their portion of the road
next year.
• No significant progress on Blenheim Road.
Provided an update on the current status of
work. Mr. Wyant asked about requiring bonding
for such roads. Mr. Utterback said he would
check into that.
• Provided update on the Route 743/606 signal at
temporary location while construction is going
on. Waiting on feedback from FAA.
• Stated VDOT is working with Richmond on the
Six-Year Secondary Program. They are
changing the software and the format used will
be different this year. It will track estimates,
expenditures, and program allocations similar to
the new primary road program tracking system.
David Wyant:
• Asked about the status of the curve on Buck
Mountain/Route 810. Mr. Utterback said VDOT
is in the process of pavement markings and
changing the sign configuration.
• Mentioned a drainage issue on Buck
Mountain/St. George Avenue.
• In Claymont Subdivision, the surface treatment
is one of the best he has seen. Asked how the
pavement can be preserved. Concerned that it
is already beginning to tear up.
• Asked if Mr. Utterback had heard of
Ruckersville Parkway. Mr. Utterback
responded he had not.
Sally Thomas:
• Said right-of-way for Dickerson Road is not
entirely available. Mr. Cilimberg said that will
be discussed during review of the Six-Year
Plan.
• Asked if the speed limit signs could be more
“official” at the Tillman Road intersection. Said
no one is paying attention to “advisory” speed
limit. Mr. Utterback said he talked with the
traffic engineer yesterday and he is going to
look at it again.
• Now that Allen Road is paved, she has received
a request for a posted speed limit. Mr.
Utterback said a speed study will be done to
see what the proper speed should be.
Dennis Rooker:
• Asked about the Airport Road, September 2,
2005 completion date. Mr. Utterback said that
is still the completion date. He added that
$4,820,177 is the amount awarded to the
contractor. VDOT costs are added to that.
• When Garth Road and Earlysville Road are
repaved, he asked that they be paved wider to
accommodate bicyclists. Said it would be
helpful if VDOT could look at the County’s
bicycle plan and try to widen the shoulders for
roads that are on the bicycle plan.
Ken Boyd:
• Wanted to know if Gilbert Station Road could
be extended to Ashleigh, another 4/10ths of a
mile. Mr. Utterback said “no” because of the
budget and VDOT does not have any permitting
to do the added project.
• Asked if VDOT sent their traffic engineer out a
second time to look at the Forest Lakes/CVS
signal. Mr. Utterback said they did and no
action was required. Will forward traffic
engineer’s email to Mr. Boyd.
• Asked status of Rocky Hollow Road request to
lower speed limit. Mr. Utterback said they are
still evaluating the request.
8. Discussion: Temporary Signs.
• DISCUSSED. CONSENSUS of the Board not
to change the temporary sign policy.
9. Annual Real Estate Reassessment Update.
• DISCUSSED. APPROVED staff’s
recommendation to proceed with implementing
an annual reassessment beginning in 2007,
effective 1/1/2008. CONSENSUS of the Board
to take to public hearing.
Clerk: Schedule public hearing for the Fall.
• The Board recessed at 11:05 a.m. and reconvened
at 11:19 a.m.
10a. Proposed FY 2004-05 Budget Amendment.
• APPROVED FY 2005 Budget Amendment in
the amount of $1,974,025.39.
• APPROVED FY 2005 Appropriations
#2005060, #2005061, and #2005062.
Clerk: Forward signed appropriation forms to
Richard Wiggans, OMB and copy appropriate
individuals.
10b. Proposed FY 2005-06 Budget Amendment.
• APPROVED FY 2006 Budget Amendment in
the amount of $3,565,334.00.
• APPROVED FY 2006 Appropriations
#2006001, #2006002, and #2006003, and
#2006004.
Clerk: Forward signed appropriation forms to
Richard Wiggans, OMB and copy appropriate
individuals.
11. Formation of Natural Heritage Committee (deferred
from May 4, 2005).
• DISCUSSED. APPROVED, by a vote of 3:2,
formation of the Natural Heritage Committee.
• At this time, removed Task F from the
recommended Charge and Outline of Tasks.
Clerk: Forward copy to Scott Clark and
advertise for applications.
(Attachment 10)
12. Rural Area Comprehensive Plan Implementation.
• CONSENSUS of the Board to hold a joint
meeting with the Planning Commission in
September to address/discuss issues.
Clerk: Schedule joint meeting with Planning
Commission in September.
13. 2006 Legislative Priorities.
• DISCUSSED. APPROVED Proposed 2006
Legislative Priorities with additional language to
Growth Management section under Land Use
and Growth Management Priorities opposing
legislation that would diminish the County’s land
use powers.
• Mr. Rooker brought up issue of cable franchise
in Albemarle County. Thinks the County should
move forward with Comcast and a cable
franchise agreement. One benefit would be to
provide cable access coverage of the Board
Andy Bowman: Submit priorities to the TJPDC
and VACo.
Clerk: Forward copy of prior discussion and
information on this issue to the Board.
meetings.
14. Closed Session: Personnel and Legal Matters.
• At 12:12 p.m., the Board went into closed
session to consider appointments to boards,
committees, and commissions; to discuss with
legal counsel and staff specific legal issues
regarding pending litigation relating to the
denial of a site plan; and to discuss with legal
counsel and staff specific legal issues relating
to the collection of taxes.
15. Certified Close Session.
• At 2:12 p.m., the Board reconvened into open
session and certified the closed session.
16a. Vacancies/Appointments.
• REAPPOINTED Ann Mallek and Stephen
McLean to ACE Committee with said terms to
expire August 1, 2008.
• REAPPOINTED John Chamales to Jail
Authority with said term to expire August 6,
2008.
• REAPPOINTED Juan Wade and Clifford Buys
to Jaunt Board with said terms to expire
September 30, 2008.
• REAPPOINTED Caroline Taylor to Jordan
Development Corporation with said term to
expire August 13, 2006.
• REAPPOINTED Fred W. Shields, Jr. to Land
Use Tax Advisory Board with said term to
expire September 1, 2007.
• APPOINTED David Bynes to Commission on
Children and Families with said term to expire
June 30, 2008.
Clerk: Prepare reappointment/appointment
letters, update Boards and Commissions book
and notify appropriate persons.
17. To consider the adoption of an ordinance to amend
Chapter 10, Offenses--Miscellaneous, of the
Albemarle County Code to prohibit any person
standing on any public roadway or center median
from distributing material, soliciting contributions, or
selling merchandise to the occupants of motor
vehicles on public roadways.
• ADOPTED the ordinance, by a vote of 5:0.
• Mr. Rooker suggested developing a sheet that
lists the Social Service agencies in the area and
contact information to hand out to individuals.
Clerk: Forward adopted ordinance to County
Attorney’s Office for inclusion in next update of
County Code and copy Police Department.
(Attachment 11)
18. SP-2005-007. The Garden Barn (Signs #28&29).
• APPROVED SP-2005-007, by a vote of 5:0,
subject to the three conditions recommended
by the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 12)
19. SP-2005-009. Cedar Hill Mobile Home Park Re-
approval of Special Use Permit to Expand Existing
Mobile Home Park (Sign #32).
• APPROVED SP-2005-009 (Reapproval of SP-
03-06), by a vote of 5:0, subject to the four
conditions recommended by the Planning
Commission.
Clerk: Set out conditions of approval.
(Attachment 12)
20. Additions to the Moorman’s River
Agricultural/Forestal District
• ADOPTED the ordinance, by a vote of 5:0.
Clerk: Prepare letters to applicants for the
Chairman’s signature, thanking them for their
participation.
(Attachment 13)
21. From the Board: Matters Not Listed on the Agenda.
Bob Tucker:
• Presented Resolution of Intent from Ms. Joseph
regarding temporary agricultural workers
housing. Said Mr. Davis made some
amendments to resolution for the Board’s
consideration today. It was the DIRECTION of
the Board to refer this issue to the Planning
Commission instead of adopting a formal
motion.
David Wyant:
• Asked about his and Ms. Thomas’ role in the
water supply issue. Mr. Rooker said regulators
have indicated they need to hold a pre-
application meeting. A small committee of the
Chairs from the four boards have been formed.
Ms. Thomas thanked Mr. Rooker for his hard
work.
Sally Thomas:
• Discussed John Martin’s earlier comments
regarding the Chesapeake Bay.
• She has been invited to represent this Board on
a committee that is being formed by some
people at the University of Virginia Engineering
School. They plan to look at Albemarle’s
ground water, and hope to develop some
information that may be helpful in our planning
decisions.
• Updated the Board on the work of the Planning
District Commission.
• Mentioned receiving a copy of the Greenwood
Chemical Superfund Site Proposed Remedial
Action Plan Summary. Mr. Rooker asked if the
County’s website can be linked to the EPA for
“contaminated site”. Mr. Graham said the
County should be able to do that.
Ken Boyd:
• Stated he has asked that staff provide an
update on the Cismont junkyard issues and
what can be done to identify these sites in the
future.
Wayne Cilimberg: Take to Planning
Commission for consideration.
Clerk: Forward comments to Tom Frederick of
Rivanna.
22. Adjourn.
• The meeting was adjourned at 4:07 p.m.
/djm
Attachment 1 – Proclamation Recognizing August 2 through August 7, 2005 as Albemarle County Fair
Week
Attachment 2 – Guidelines to VDOT for review of property owner initiated and funded improvements to
public roads
Attachment 3 – Dept. of Conservation and Recreation, Natural Heritage Data License
Attachment 4 – Resolution of Intent – Contractor’s Office and Equipment Storage Yard
Attachment 5 – Resolution to accept road(s) in Hollymead Subdivision
Attachment 6 – Resolution to accept road(s) in Boston Creek Subdivision
Attachment 7 – Petty Cash Resolution
Attachment 8 – Resolution approving proposed changes to Personnel Policy P-02
Attachment 9 – Resolution to install Child At Play Sign (Alberene Road)
Attachment 10– Natural Heritage Committee
Attachment 11– Ordinance to Amend Chapter 10, Offenses—Miscellaneous, of the Albemarle County
Code
Attachment 12– Conditions of Approval for Planning Items
Attachment 13– Ordinance to Amend Section 3-222, Moorman’s River Agricultural and Forestal District
ATTACHMENT 1
ALBEMARLE COUNTY FAIR WEEK
WHEREAS, for the past 24 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 and was founded by a group of
community spirited people who wanted something special for their neighbors and
friends to enjoy and enrich their lives;
WHEREAS, the theme of the Fair has always emphasized the County's agricultural and forestal
heritage; and
WHEREAS, the Albemarle County Fair is a non-profit corporation operated by dedicated
volunteers, officers and directors; and
WHEREAS, the Albemarle County Fair offers a friendly, safe atmosphere conducive to families
and their children, and it is unique in the state in that all food and drink is sold by
local non-profit organizations as an opportunity 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, holds
competitions in livestock and numerous other farm skills, and presents nightly
entertainment for all to enjoy;
NOW, THEREFORE, I, Dennis S. Rooker, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim the week of
AUGUST 2, 2005 THROUGH AUGUST 7, 2005
as
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported by the more than 250 regional volunteers,
public and area businesses.
ATTACHMENT 2
Guidelines to be used by VDoT to process requests by property owners for major improvements within
VDoT rights of way, including the realignment/relocation of roads and the paving of unpaved roads.
1. VDoT shall contact the Albemarle County Department of Community Development and where
applicable, the Metropolitan Planning Organization (MPO), when a request for a major road
improvement (realignment/relocation and/or paving of an unpaved road) is received that would
take place completely within the VDoT right of way and/or the property owner’s land.
2. The Resident Engineer will provide County staff basic information regarding the scope of the
project. This information will include, but not be limited to, the location (with terminus points),
length, type of improvements, and what additional properties are impacted. VDoT shall also
provide its comments or concerns for the improvement.
3. An evaluation by County staff of the scope of the project and its consistency with County policies
and the Comprehensive Plan will be provided to the Board of Supervisors. The Board will
determine if area residents should be informed/notified of the proposed improvement. The
notification can be by letter to area property owners, posting of signs along the subject road
segment, and/or by a community meeting. The impacted area will be defined on a case by case
basis.
4. Staff will compile and assess comments received from any public comment/input process and
provide them to the Board of Supervisors. The Board will provide its recommendation on the
proposed project to the VDoT resident engineer. If the Board of Supervisors supports the
proposal, a resolution of support will be adopted by the Board and forwarded to VDoT before
construction begins.
Adopted by the Board of Supervisors – July 6, 2005
ATTACHMENT 3
Department of Conservation and Recreation
Natural Heritage Program
License for Use of Digital Natural Heritage Resources Information
The Virginia Department of Conservation and Recreation's Natural Heritage Program (DCR) hereby
grants a revocable license to _______________________________________________________
(Licensee) to use the following data (include data category and geographic extent):
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Use of these data is subject to the following conditions:
1. The license is nonexclusive and revocable.
2. The license is nontransferable, and any
attempted transfer is void.
3. The license conveys no rights for Licensee
to release or distribute these data, or derivative
works containing these data, in any
electronic/magnetic or machine-readable form.
4. Licensee will identify "Virginia Department of
Conservation and Recreation, Natural Heritage
Program" as data source on any map or
publication using DCR data. If format permits,
Licensee will also include the date provided.
5. Licensee will provide DCR with a list of any
reports or printed materials prepared using
Natural Heritage Program data, and will provide
a sample copy of such material if requested by
DCR.
6. Although DCR maintains high standards of
data quality control, DCR makes no warranty as
to the fitness of the data for any purpose, nor
that the data are necessarily accurate or
complete.
7. Licensee understands and acknowledges
that these data are provided for planning and
assessment purposes only. Specific projects or
activities should be reviewed for potential
environmental impacts with appropriate
regulatory agencies. If ground-disturbing
activities are proposed in the vicinity of indicated
natural heritage resources, DCR will be
contacted for a site-specific review of the project
area.
8. Licensee understands and acknowledges
that release of precise species locations may
threaten natural heritage resources. Licensee
shall take reasonable precautions to ensure the
security of species locations.
9. If there are subscription service charges, or
any other agreements between DCR and Licensee
for sharing costs incurred by DCR in making the
data available, Licensee shall pay agreed charges
within 30 days of being billed by DCR.
10. Licensee understands and acknowledges that
the accuracy of these data is time-limited.
Licensee agrees to use DCR-provided data only
for the term specified by DCR, and to incorporate
all updates provided by DCR. By the following
date: _________ (which shall be no
later than one year following the issuance of this
license), the licensee will either
a. certify that all copies of these data have been
destroyed or returned to DCR-NH; or
b. complete arrangements with DCR to renew the
subscription. These arrangements will include
an updated license.
Under no circumstances shall Licensee continue
using DCR-provided natural heritage resource
data for more than six months without an update.
11. Licensee will indemnify and hold DCR and its
officers and employees harmless against any
claims by third parties arising out of the use by
Licensee of the data provided hereunder.
12. This License is the entire agreement between
the parties with respect to the subject matter
hereof. It shall be construed in accordance with
the law of the Commonwealth of Virginia and may
be amended only in writing signed by both parties.
By accepting the DCR data, Licensee agrees to abide by all of the above conditions. Licensee shall sign
this license and return it to DCR to indicate receipt and acknowledgment of the terms of this license.
__________________________________________________________________________________
Licensee signature Date
__________________________________________________________________________________
Licensee title Licensee agency/company
Approved:
__________________________________________________________________________________
Thomas L. Smith, Director, Date
DCR Natural Heritage Program
11
ATTACHMENT 4
RESOLUTION OF INTENT
WHEREAS, “contractor’s office and equipment storage yard” is a use classification
authorized by right in the Light Industry (LI) zoning district (Zoning Ordinance § 27.2, entitled
“Permitted Uses”); and
WHEREAS, experience in Albemarle County has shown that this use classification may
range in intensity from one that is primarily offices with limited equipment storage and minimal
impacts to those that are more intense because less area is devoted to offices and more is
devoted to equipment storage, with associated activities including equipment transportation; and
WHEREAS, in recent years concern has been expressed by some members of the
public and public officials that the traffic, noise and other impacts arising from an intensive
contractor’s office and equipment storage yard use may create conflicts with residential areas
and rural areas in proximity to a Light Industry (LI) zoning district; and
WHEREAS, authorizing contractor’s office and equipment storage yards by special use
permit in the Light Industry (LI) zoning districts would allow such a proposed use to be
evaluated on a case-by-case basis so that the impacts resulting from the use may be identified
and, if it is approved, mitigated by appropriate conditions; and
WHEREAS, it is desired to amend Zoning Ordinance § 27.2 to change the “contractor’s
office and equipment storage yard” use classification from one that is allowed by right to one
that is allowed by special use permit.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance § 27.2 and any
other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes
described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make its
recommendation to the Board of Supervisors, at the earliest possible date.
* * * * *
12
ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of July 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Hollymead Subdivision described on the attached Additions Form
SR-5(A) dated July 6, 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 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 Transportation to add the road(s) in Hollymead Subdivision as
described on the attached Additions Form SR-5(A) dated July 6, 2005, to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require-
ments; 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 certified 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) Broad Crossing Road (State Route 1498) from Route 1520 (Hollymead Drive) to .04
miles north on Route 1520 (Hollymead Drive) as shown on plat recorded 11/22/1993 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1361, page 674,
with a 50-foot right-of-way width, for a length of 0.04 miles; and from .04 miles north on
Route 1520 (Hollymead Drive) to .07 miles east on Route 1498 (Broad Crossing Road)
as shown on plat recorded 11/22/1993 in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 1361, page 674, with a 50-foot right-of-way width, for a length of
0.07 miles; and from .07 miles east on Route 1498 (Broad Crossing Road) to .13 miles
east on Route 1498 (Broad Crossing Road) as shown on plat recorded 11/22/1993 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1361, page 674, with
a 50-foot right-of-way width, for a length of 0.13 miles; and from .13 miles east on Route
1498 (Broad Crossing Road) to the end of maintenance; as shown on plat recorded
11/22/1993 in the office the Clerk of Circuit Court of Albemarle County in Deed Book
1361, page 674, for a length of 0.04 miles.
Total Mileage - 0.28 miles.
13
ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of July 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Boston Creek Subdivision described on the attached Additions
Form SR-5(A) dated July 6, 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 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 Transportation to add the road(s) in Boston Creek Subdivision as
described on the attached Additions Form SR-5(A) dated July 6, 2005, to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require-
ments; 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 certified 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) Boston Creek Drive (State Route 890) from Route 618 (Martin Kings Road) to .03 miles
south to Fluvanna County line, as shown on plat recorded 05/20/1999 in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 367, page 84, with a 50-foot
right-of-way width, for a length of 0.03 mile.
Total Mileage - 0.03 mile.
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ATTACHMENT 7
RESOLUTION
WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any
county may establish by resolution one or more petty cash funds not exceeding $5,000
each for the payment of claims arising from commitments made pursuant to law; and
WHEREAS, the Board of Supervisors adopted a Resolution on June 7, 2004
establishing petty cash funds; and
WHEREAS, the Board of Supervisors now desires to amend and reestablish
certain petty cash funds for the above stated purpose.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of
Albemarle County, Virginia establishes the following petty cash funds:
Finance Department $ 3,350.00
Social Services 200.00
Police Department 1,800.00
Sheriff’s Department 100.00
Fire and Rescue 150.00
Commonwealth’s Attorney 300.00
Parks & Recreation 100.00
Total $ 6,000.00
****************
15
ATTACHMENT 8
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the
Board of Supervisors; and
WHEREAS, the Board finds that an amendment to Personnel Policy P-02 is necessary
to clarify the definitions of employee status;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle
County, Virginia, hereby amends the following section of the County of Albemarle Personnel
Policy Manual:
By Amending:
Section P-02 Definition of Employee Status
Section P-02 DEFINITION OF EMPLOYEE STATUS
The Board will maintain standard definitions of employment and will classify employees
in accordance with these definitions. To aid in continuity and ease of reading, masculine
pronoun will be used throughout our policies to denote both male and female employees.
Procedure for Compliance – Definition of Employee Status
A. Classified Employees – A classified employee is defined as any County employee. All
County employees are employees at-will and may be dismissed from employment at any
time, for any reason, or for no reason. Regular full-time or part-time employees who have
completed all probationary periods, and are eligible to grieve, may grieve such actions
according to the grievance procedures set forth in Section P-03 of this Policy Manual.
B. Definitions of Employment
1. Regular – Employment in an approved budgeted full-time or part-time position that is
meant to be part of the regular County work force. The term “permanent” shall have the
same meaning as “regular” as these terms are used throughout this Policy Manual.
a. Full-Time: Employment in an established position scheduled for not less than 40
hours per normal workweek (Saturday at 12:01 a.m. to Friday at midnight)* and
52 weeks per fiscal year. Upon prior recommendation by Human Resources and
approval by the County Executive, some positions may work less than 40 hours
per workweek and still be designated “Full-Time.”
b. Part-Time: Employment in an established position scheduled for less than 40
hours or other full-time schedule per subsection (a) above per normal workweek.
c. Probationary: The first six (6) months (12 months for certain positions) of
employment with the County are a probationary period. This time is used by both
the employee and the County to determine whether the position and the
employee are suited for each other. An employee’s progress will be evaluated
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throughout the probationary period, as required by Section P-23 of this Policy
Manual.
2. Salaried Board Members: Members of the Board of Supervisors and Planning
Commission are paid an annual salary as established by county ordinance and state
law.
3. Temporary: Employment that meets one or more of the following criteria:
a. Employment in a position established for a specific period of time.
b. Employment for the duration of a specific project or group of assignments.
c. Employment as a temporary in the absence of the incumbent in a position classified
as full-time or part-time, as defined in Section B.1 above. This shall not include
regular employees who are serving in another position on a temporary basis (see P-
60).
*NOTE: Schedules other than those noted may be established by Department Heads provided
that the alternate schedules are in writing and provided to the employees and to the Department
of Human Resources.
C. Extent of Participation in and Eligibility for Benefits
1. Full-Time Regular: Eligible to participate in all benefit programs.
2. Part-Time Regular: Must be at least half-time (4.0 hours per day) to be eligible to
participate in prorated medical benefits, leave benefits, and applicable retirement and life
insurance programs. County employees hired prior to the implementation of this policy
(i.e. October, 1985) and who received benefits, will not lose such benefits.
3. Temporary: Ineligible to participate in benefits programs.
4. Salaried Board Member: Eligible to participate in all medical and dental insurance
programs.
In order for a new employee to be paid by the end of the month in which they are hired,
paperwork must be received in the Department of Human Resources by the 15th of the
month. If the 15th falls on a weekend, paperwork must be received the workday prior to the
15th.
New employees are eligible for medical/dental insurance coverage the first of the month
following the month in which they are hired. Employees are not required to pay the
employee premium for that month. Employees may elect for insurance coverage to begin
earlier, but not prior to the date of hire. In such cases, the employee will be responsible for
the full cost of the premium (Board and employee portions), prorated based on a 30-day
month. Non-benefits-eligible employees who subsequently become eligible and employees
who previously declined coverage and subsequently elect coverage will be treated the same
as new employees regarding coverage start date and premium payments. Medical/dental
premiums are paid in advance of the month of coverage.
Except as provided under COBRA or other applicable law, medical/dental insurance
coverage may continue through the end of the month following the month of termination
17
provided all employee premiums are paid. Otherwise, coverage will cease at the end of the
month of termination.
Employees who are married to another County employee will be eligible for two Board
contributions toward medical/dental insurance. It is the responsibility of the employee to
notify the Department of Human Resources of this situation and, upon notification, the
change in contribution will be made with the next payroll. In no event will the County be
responsible for retroactive payments to employees who fail to provide this notification.
D. Continuous Service is defined as: Uninterrupted employment while a regular employee with
the County of Albemarle. Continuous service is broken by termination of or resignation from
employment, voluntary or involuntary.
E. Throughout the policies, the word “Day” shall be defined as: the number of hours an
employee is identified on the Employee Personnel System as working. It is not necessarily
the number of hours the employee actually works per day. It is calculated by taking the
number of hours the employee works per year, and dividing it by 260 (the number of days
per year in the system).
Full Time Classified (designated in subsection
B(1)(a) above)
2080 hrs/year a day = 8 hours
(or as designated
in subsection
B(1)(a) above)
Police Patrol 2071 hrs/year a day = 8.1 hours
Fire & Rescue Day Personnel 2496 hrs/year a day = 9.6 hours
Fire & Rescue 24-hr Personnel 2912 hrs/year a day = 11.2 hours
Part Time Classified Prorated based
on hrs worked
Prorated
Amended: August 7, 1996; June 2, 2004, July 7, 2004, July 6, 2005
18
ATTACHMENT 9
RESOLUTION TO AUTHORIZE
VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INSTALL CHILD AT PLAY SIGN ON
ALBERENE ROAD
WHEREAS, the residents of Alberene Road are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live and play in
the area; and
WHEREAS, there are numerous children that live and play on Alberene Road and the
residents believe that a “Child at Play” sign would help alleviate some of the concerns.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby supports the community’s request for VDOT to install the necessary “Child
at Play” signs on Alberene Road (Route 719).
19
ATTACHMENT 10
NATURAL HERITAGE COMMITTEE
FACT SHEET
Duties/Function: The Natural Heritage Committee is an advisory committee that maintains
the County’s Biodiversity Assessment; advises the Board of Supervisors,
the Planning Commission, and County staff on applying biodiversity
information to land-use decision-making; and supports biodiversity
education in the County.
TASKS:
A. Input on and oversight of the maintenance, expansion,
updating, and evaluation of the ongoing Biodiversity
Assessment begun by the Biodiversity Work Group, and
development of a protocol for assessing changes in the
state of biodiversity (with reference to planning goals).
B. Assistance in staff development of an action plan that
specifies detailed steps for achieving protection of
biodiversity as outlined in the Comprehensive Plan.
C. Development of policy recommendations to the Board in
response to biodiversity issues and information gathered
from the Biodiversity Assessment. The Committee should
be consulted on programs, regulations, and
Comprehensive Plan changes that may affect biodiversity
protection.
D. Development of educational materials and programs on
biodiversity.
E. Provision of periodic reports to the Board of Supervisors
on the state of biodiversity in the County.
Length of Term: Initial appointments will include four four-year appointments, four
three-year appointments, and four two-year appointments.
Thereafter, appointments will be for four years.
Frequency/Meeting Monthly
Times TBD
Membership: The Board of Supervisors shall appoint ten to twelve members.
Applicants need not be County residents. However, total
committee membership should consist of some County residents.
Qualifications: The Committee should include members with expertise or
background in one or more of the following fields, to support the
Committee’s role as a technical advisory group:
• natural history (including those with detailed
knowledge of local wildlife, plants, and other
resources);
• terrestrial, aquatic, and landscape ecology;
• biological conservation and conservation planning;
20
• population genetics;
• forestry;
• geology and soils;
• geographic information systems for conservation;
• science education (adult and youth);
• agribusiness.
The group should also include local landowners and citizens with
interests in biodiversity conservation, farming and forestry, and
conservation-oriented rural and urban development. If possible,
these general citizen representatives should be residents of the
County.
c appointment letter to: Scott Clark, Community Development Department
NOTE: Each committee member to receive copy of adopted Rules of Procedure
21
ATTACHMENT 11
ORDINANCE NO. 05-10(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, OFFENSES--MISCELLANEOUS, 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 10,
Offenses–Miscellaneous, of the Code of the County of Albemarle, Virginia, is hereby amended and
reordained as follows:
By Adding:
Sec. 10-123 Prohibited Activities on Public Roadways and Medians
CHAPTER 10. OFFENSES – MISCELLANEOUS
* * * * *
Sec. 10-123 Prohibited Activities on Public Roadways and Medians
A. Definitions:
Roadway. As used in this section, the term “roadway” means that portion of a highway
improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may
include two or more roadways if divided by a physical barrier or barriers or an unpaved area.
Center Median. As used in this section, the term “center median” means any area in the
middle of any roadway, designed to provide a barrier to keep traffic on one side of the road from going to
the other side of the road. A center median may be a raised concrete strip or a grass strip.
Selling, offering for sale, advertising, soliciting, distributing or distribute. As used in this
section, “selling, offering for sale, advertising, soliciting, distributing or distribute” means any such activity
which involves the delivery of any document, publication or other item or the intent to deliver any
document, publication or other item to any occupant of a motor vehicle located on a county roadway or
any such activity which involves the receipt of any money or any item or the intent to receive any money
or any item from the occupant of an automobile located on a county roadway, other than a motor vehicle
parked in a designated parking space.
B. It shall be unlawful for any person while standing on any public roadway or median
therein to:
1. Distribute handbills, leaflets, bulletins, literature, advertisements or similar
material to the drivers of motor vehicles or passengers therein on any roadway or median within the
county.
2. Solicit contributions of any nature from the drivers of motor vehicles or
passengers therein on any roadway or median within the county.
3. Sell or attempt to sell merchandise to the drivers of motor vehicles or passengers
therein on any roadway or median within the county.
C. Any person, firm, organization, or corporation violating any provision of this section shall
be guilty of a traffic infraction, punishable as provided under state law. Each separate incident may be
considered a new violation.
State Law References: Authority to enact section, Code of Virginia, section 46.2-931.
22
ATTACHMENT 12
SP-2005-007. The Garden Barn (Signs #28&29). Request to allow farm sales in accord w/Sec
10.2.2(45) of the Zoning Ord which allows for farm sales. TM 21, P 5B1, contains 30.754 acs (of which 3
acs are included in this request). Znd RA. Loc at 5625 Spring Hill Rd (Rt 606), approx 1,500 feet W of its
intersect w/Seminole Trail (Rt 29). White Hall Dist.
1. The site shall be developed, and the farms sales use conducted, in general accord with the
preliminary schematic plan entitled “Garden Barn Application Plan SP-2005-7,” prepared by
Gabriele Kleinmichel, and dated 3/29/05;
2. The applicant shall make the entrance improvements specified in a letter from VDOT Assistant
Resident Engineer, Charles C. Proctor, III, dated 3/24/05 (excluding the requirement for a site
plan showing the proposed improvements); and
3. Hours of operation each day shall be between 5:00 a.m. and 9:00 p.m.
_____________
SP-2005-009. Cedar Hill Mobile Home Park Re-approval of Special Use Permit to Expand
Existing Mobile Home Park (Sign #32). Request for re-approval of an expansion of an existing Mobile
Home Park from 77 lots to 109 lots (SP-03-06) in accord w/Sec 15.2.2.14 of the Zoning Ord which allows
for mobile home subdivisions. TM 32, P 22I, contains 25.95 acs. 21.13 acs of the property are znd R-4 &
the remaining 4.82 acs are znd LI. Property also znd EC. Loc at 2073 Cypress Dr, approx one quarter
mile S of intersec of Rt 29 & N Park Rd. Rio Dist.
1. Pending the satisfaction of all conditions of approval for the special use permit and modifications
and waivers, a maximum of thirty-two (32) new mobile home lots shall be allowed in the mobile
home park. Those new lots shall be arranged generally in the areas and configuration shown on
the application plan, dated January 27, 2003;
2. No mobile home units shall be relocated or installed, nor shall any new construction activity take
place in the expanded area as illustrated on the application plan dated January 27, 2003 until
after a site plan has been approved. No change in unit location shall occur on the existing or
expanded areas without a site plan approval;
3. A landscape plan shall be submitted for review with the required site plan; and
4. The stormwater and utility improvements illustrated on the application plan dated January 27,
2003 may be adjusted as approved by the agent on the final site plan if the agent determines the
adjustments to be more site sensitive, environmentally sensitive, visually sensitive, and less
obtrusive method to achieve the same results.
23
ATTACHMENT 13
ORDINANCE NO. 05-3(2)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE
SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained by amending Section 3-222,
Moorman’s River Agricultural and Forestal District, as follows:
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A1, 42, 42A; tax map 28,
parcels 2, 2A, 3, 4, 5, 6, 6A, 6B, 7, 7A, 7A1, 7B, 8, 12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 30, 30A,
30B 32B, 32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E, 8E1, 8H, 8J,
8K, 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F,
70F1, 70G, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85; tax map 30, parcels 10,
10A, 12, 12C, 12D, 17A, 18E; tax map 41, parcels 8, 8B, 8C, 8D, 9E, 15, 15A, 17C, 18, 41C, 41H, 44, 50,
67, 67B, 68, 70, 72, 72B, 72C, 72D, 89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, 10A, 10D, 37F,
37J, 38, 40, 40C, 40D, 40D1, 40G, 40H2, 41, 42B, 43, 43A, 44; tax map 43, parcels 1, 3, 3A, 3C, 3D, 4C,
4D, 5, 5A, 9, 10, 16B2, 16B3, 18E4, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 2l, 21A, 24, 25A, 25B, 30,
30A, 30B, 30D, 30G, 30H, 30M, 30N, 32H, 33, 33E, 34D1, 41, 42, 43, 43A1, 44, 45, 45C, 45D; tax map
44, parcels 1, 2, 24, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F,
31G; tax map 59, parcels 32, 32A, 34, 35, 82A. This district, created on December 17, 1986 for not more
than ten years and last reviewed on December 1, 2004, shall be next reviewed prior to December 1,
2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, § 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-12-99;
Ord. 00-3(1), 4-19-00; Ord. 04-3(4), 12-1-04; Ord. 04-3(2), 7-6-05)