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ACTIONS
Board of Supervisors Meeting of May 13, 2015
May 14, 2015
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 3:02 p.m., by
the Chair, Ms. Dittmar. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
2. Work Session: Capital Improvements Program.
HELD
3. Work Session: Objectives for Years Two and
Three of the FY15-17 Strategic Plan.
Due to time constraints not discussed; will be
discussed in June.
4. Closed Meeting
At 4:50 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (1) to
consult with and be briefed by legal counsel
and staff regarding specific legal matters
requiring legal advice concerning an
agreement relating to the Rivanna Water &
Sewer Authority; and under Subsection (19) to
discuss a plan relating to the security of
County facilities and the safety of persons
using such facilities.
Listen
5. Reconvene and Call to Order.
At 6:03 p.m., the Board reconvened into open
meeting.
6. Certify Closed Meeting.
The Board immediately certified the closed
meeting.
Listen
9. Adoption of Final Agenda.
By a vote of 6:0, ADOPTED final agenda, with
removal of Item 13.2 from the consent agenda.
10. Brief Announcements by Board Members.
Ken Boyd:
The Sixth Annual Grace Church Farm Tour will
be held on June 13, 2015, 10:00 a.m. to 4:00
p.m.,
Ann Mallek:
Mentioned the death of Joan McDowell, former
longtime County employee and rural area
supporter.
Announced that the Memorial Day Celebration
in Earlysville will be held at 10:00 a.m.,
sponsored by VFW Post 2044.
Jane Dittmar:
Announced that there will be a Broadband
Open House education session and discussion
held on May 19, 2015, Monticello High School,
6:30 p.m. to 8:00 p.m.
At the end of this month the VFW will hold a
number of celebrations around the County and
she wished everyone a happy and safe
Memorial Day.
Liz Palmer:
Announced that the Long Range Solid Waste
Committee will hold an open house on June 4,
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2015, COB-5th Street, Room A, 6:30 p.m. to
8:30 p.m.
11. Proclamations and Recognitions:
a. Business Appreciation Month 2015.
ADOPTED by a vote of 6:0, proclamation and
presented to Adrian Felts.
(Attachment 1)
Listen
12. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Jonathan Heauchert and Shaedane Brown,
Monticello High School seniors, presented
information on their CAP project, regarding
issues surrounding community councils.
Lyd ia Brunk and Devon Garcia, presented
information on their CAP project, regarding
pre-K education in the Southwood
neighborhood.
The following individuals spoke in opposition to the
proposed truck restriction on a portion of Earlysville
Road:
Alan Dickie, resident of the White Hall District
Tom Wharton, resident of White Hall District
Lyman Knight
David Willis, Principal and Vice President of
Rockydale Quarries Corporation
Listen
13.1 Set public hearing for June 3, 2015, on an
ordinance to amend Chapter 2, Administration, of
the Albemarle County Code, to amend Section 2-
202, Compensation of board of supervisors, to
increase the compensation of the members of the
Board of Supervisors by an inflation factor of 2.3%
effective July 1, 2015.
SET public hearing for June 3, 2015.
Clerk: Advertise public hearing.
Listen
13.2 Resolution to accept road(s) in Dunlora Forest
Subdivision into the State Secondary System of
Highways.
Removed from agenda.
13.3 Resolution to accept road(s) in Haden Place
Subdivision into the State Secondary System of
Highways.
ADOPTED resolution.
Clerk: Forward copy of signed
resolution and AM-4.3 to Glenn
Brooks and County Attorney’s
office.
(Attachment 2)
13.4 SDP-2014-075 Cascadia, Block 1-3- Final Site
Plan- Special exception to authorize variations
from the Code of Development for ZMA 2002-004.
ADOPTED resolution approving a special
exception for variations #7-12 with conditions.
Clerk: Forward copy of signed
resolution and conditions to
Community Development and
County Attorney’s office.
(Attachment 3)
13.5 Resolution Providing Board Comments on
Proposed Policy Change to the Comprehensive
Services Act.
ADOPTED resolution.
Clerk: Forward copy of signed
resolution to appropriate
individuals and County
Attorney’s office.
(Attachment 4)
14. Pb. Hrg: PROJECT: CLE-2015-00041. Ms. Lala’s
Child Care (Delois Grady).
By a vote of 6:0, ADOPTED resolution to
approve the family day home subject to
recommended conditions.
Clerk: Forward copy of signed
resolution and conditions to
Community Development and
County Attorney’s office.
(Attachment 5)
Listen
15. Pb. Hrg: PROJECT: SP-2015-00004.
Gordonsville-Somerset Rebuild Project (Signs
#45&46).
By a vote of 6:0, ADOPTED resolution to
approve SP-2015-00004 subject to
recommended condition.
Clerk: Forward copy of signed
resolution and condition to
Community Development and
County Attorney’s office.
(Attachment 6)
Listen
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16. Shenandoah National Park Annual Presentation,
Jim Northup, Superintendent.
RECEIVED.
Listen
17. Albemarle County Service Authority Quarterly
Report, Gary O’Connell, Executive Director.
RECEIVED.
Listen
18. Rivanna Water and Sewer Authority Quarterly
Report, Tom Frederick, Executive Director.
RECEIVED.
Listen
Board recessed at 7:43 p.m. and Reconvened
at 7:53 p.m.
19. CPA-2013-01. Comprehensive Plan
Update/Amendment.
DIRECTED staff to include the Historic
Preservation Committee’s recommendation,
that was received at the May 6, 2015 Board of
Supervisors meeting, in the Comprehensive
Plan Draft for the June 10, 2015 public
hearing;
DIRECTED staff to include an 82 acre parcel
located on the western border of the Southern
Development Area, west of the Route 29 South
– I64 interchange in the advertised Plan. This
property should contain a Parks and Green
Systems designation for the environmental
features and an employment designation for
the remaining developable acreage
(approximately 32 acres) and REQUESTED
staff to provide standard notification to nearby
property owners.
Elaine Echols: Proceed as
directed.
Listen
20. Discontinuance of Maintenance for the north end of
State Route 614.
HELD discussion.
Clerk: Schedule on June 3,
agenda.
Listen
21. From the Board: Matters Not Listed on the
Agenda.
a. Discussion of prioritization of Broadband
rollout.
HELD discussion.
Ann Mallek:
Discussed Twin 33s Legislation (large trucks)
introduced in Congress and asked Board
members to consider sending letters in
opposition.
Discussed proposed truck restriction on portion
of Earlysville Road.
Provided an update of Robert Bennett’s
presentation at the VACo meeting regarding
the Dam Safety Program.
Phase 3 of the Stormwater Implementation
Plan is proceeding to the next stage.
The Hemp Bill legislation, supported by the
Board, was approved.
Provided an update of Scott Cutlass
presentation about JLARC study for Virginia’s
water resources.
Jane Dittmar:
Provided an update of the recent Mayor and
Chair’s meeting. Added that the
Commonwealth will retain more of a
percentage of traffic fines than previously;
David Blount is researching the issue.
Suggested the Board send a note of
Listen
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appreciation to police force in appreciation of
their leadership and high performance.
CONSENSUS that Chair draft letter to be read
at the Police Foundation Banquet.
Reported on a recent meeting with Scottsville
Town Council and announced they already
have a Stagnant Water Ordinance.
Liz Palmer:
Discussed Board compensation.
22. From the County Executive: Report on Matters
Not Listed on the Agenda.
Discussed potential steps following the Pre-K
summit community meeting; will follow-up with
additional information on a future agenda.
Ms. Dittmar suggested scheduling a report
from CATEC in July.
Ms. McKeel asked about follow-up from
IMPACT meeting. Mr. Foley responded that
City and County representatives have set up a
follow-up meeting.
23. Adjourn.
With no further business to come before the
Board, the meeting was adjourned at 8:47 p.m.
ewj/tom
Attachment 1 – Proclamation recognizing Business Appreciation Month
Attachment 2 – Resolution to accept road(s) in Haden Place Subdivision into the State Secondary System of
Highways
Attachment 3 – Resolution and conditions - SDP-2014-075 Cascadia, Block 1-3- Final Site Plan- Special exception
Attachment 4 – Resolution Providing Board Comments on Proposed Policy Change to the Comprehensive
Services Act
Attachment 5 – Resolution and conditions - CLE-2015-00041. Ms. Lala’s Child Care (Delois Grady)
Attachment 6 – Resolution and condition - SP-2015-00004. Gordonsville-Somerset Rebuild Project
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ATTACHMENT 1
BUSINESS APPRECIATION MONTH 2015
WHEREAS, Governor Terry McAuliffe has recognized May 2015 as BUSINESS APPRECIATION MONTH in
the COMMONWEALTH OF VIRGINIA, and called this observance to the attention of all citizens;
and
WHEREAS, Albemarle County businesses play an essential role in supporting the needs and development of
our local communities; and
WHEREAS, Albemarle County businesses are vital to the successful creation and maintenance of a diverse,
strong, and sustainable economy; and
WHEREAS, Albemarle County applauds the successes of local businesses a nd their role in supporting the
County’s goals by reinforcing our commitment to bringing innovation and variety to the community
through exceptional professional practices; and
WHEREAS, Albemarle County is pleased to distinguish the many accomplishments of our many business
owners, and to appreciate the many small businesses that have chosen the County as their home;
NOW, THEREFORE, BE IT RESOLVED that, we, the Albemarle County Board of Supervisors, do hereby
recognize
The month of May 2015
as
BUSINESS APPRECIATION MONTH
in the County of Albemarle, and express our appreciation to our local, regional and state
business partners for their valuable contributions to our community.
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ATTACHMENT 2
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the 6th day of May
2015, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Haden Place Subdivision, as described on the attached Additions Form AM-
4.3 dated May 13, 2015, 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 Transporta tion 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 t he
Virginia Department of Transportation to add the street(s) in Haden Place, as described on the attached Additions
Form AM-4.3 dated May 13, 2015, to the secondary system of state highways, pursuant to §33.2-705, 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 certified copy of this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Haden Place (State Route 1029) from Route 1028 (Haden Way) to 0.16 miles south, as shown
on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 4171,
page 554, for a length of 0.02 miles.
2) Haden Way (State Route 1028) from Route 1029 (Haden Place) to .06 miles west to Route 1215
(Killdeer Lane), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 4171, page 554, for a length of 0.06 miles.
3) Haden Way (State Route 1028) from Route 1029 (Haden Place) to .06 miles west, as shown on
plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 4171, page
554, for a length of 0.06 miles.
Total Mileage – 0.14
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ATTACHMENT 3
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR ZMA 2002-004, CASCADIA
WHEREAS, Cascadia Development LLC is the owner of Tax Map and Parcel Number 06200-00-00-02500
(the “Property”); and
WHEREAS, in addition to six variations previously approved for the Application Plan and Code of
Development associated with ZMA 2002-004 Cascadia, approved in August 2006, Cascadia Development LLC
filed a request for a special exception in conjunction with SDP 2014-075 Cascadia, Block 1-3 Final Site Plan, to
vary the Code of Development approved in conjunction with ZMA 2002-004 Cascadia, to vary the street layout;
allow public maintenance of various streets; vary the st reet sections for Delphi Drive, Marietta Lane and Terrace
Lane, and provide new street sections for townhouse lots 68-75 and 106-111 on Knoll Lane; allow the builder to
use a front porch to qualify as the building wall to determine the distance that the garage is recessed; 11) to vary
the build-to-line; and to shift the location of Knoll Park and Pocket Parks 1 and 2 located near the southeast corner
of Block 3 and to increase the area of Knoll Park and Pocket Parks 1 and 2, as shown on the Owner’s variation
request dated April 14, 2015 with attachments, attached hereto.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the special exception request, staff’s supporting analysis included in the
executive summary and the attachments thereto, and all of the factors relevant to the special exceptions in
Albemarle County Code §§ 18-8.5.5.3(c) and 18-33.8, the Albemarle County Board of Supervisors hereby
approves the special exception to vary the Code of Development approved in conjunction with ZMA 2002-004
Cascadia, as described hereinabove, subject to the conditions attached hereto.
* * *
SDP 2014-75 Cascadia, Block 1-3 – Final Site Plan Special Exception Conditions
1. The street layout shall be varied as shown on the drawing entitled “Variation # 1 Vary the Street Layout,”
dated March 18, 2015, attached to the Owner’s Variation Request dated April 14, 2015, provided that a
turn around shall be designed and constructed for Marietta Drive that complies with the Albemarle County
Design Standards Manual (Variation No. 7).
2. The streets depicted on the drawing entitled “Variation # 2 Maintenance of Streets,” dated April 14, 2015,
attached to the Owner’s Variation Request dated April 14, 2015, shall be designed and constructed to
Virginia Department of Transportation standards so that they may be accepted into the secondary state
highway system (Variation No. 8).
3. The street sections for Delphi Drive, Marietta Lane, and Terrace Lane shall be varied, and the street
sections for Knoll Lane abutting lots 68-75 and 106-111 shall be established, such that they are designed
and constructed as provided on the drawing entitled “Variation # 3 Vary Road Sections,” dated March 15,
2015, attached to the Owner’s Variation Request dated April 14, 2015. (Variation No. 9).
4. The method of measuring the minimum garage setback shall be varied from that stated in Item 6 in the
Architectural Ornamentation and Facade Treatments section on page 17 of the Code of Development to
allow the front porch of the dwelling to be the “building wall” for the purpose of measuring the garage
setback, and the minimum garage setback shall be varied so that it is increased from a minimum of three
(3) feet to a minimum of five (5) feet (Variation No. 10).
5. The build-to lines shall be varied as shown on the sheet entitled “Building Block Plan/Phasing Plan,” dated
December 1, 2014, attached to the Owner’s Variation Request dated April 14, 2015 (Variation No. 11).
6. The locations of Knoll Park and Pocket Parks 1 and 2 shall be varied as shown on the drawing entitled
“Variation # 6 Vary Location of Parks,” dated March 18, 2015, attached to the Owner’s Variation Request
dated April 14, 2015 (Variation No. 12).
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ATTACHMENT 4
RESOLUTION
COMPREHENSIVE SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES (CSA)
WHEREAS, a proposed State policy now open for public comment would impose new administrative
requirements, arbitrary deadlines, and costs on local governments under the Comprehensi ve Services Act for At-
Risk Youth and Families (CSA); and
WHEREAS, the proposed policy imposes a new responsibility on each local Family Assessment and
Planning Team (FAPT) to assess cases, sometimes after the fact, involving children whose parent or guar dian
admits them to a residential treatment facility without going through the local FAPT process; and
WHEREAS, additional concerns include the understanding that the proposed policy:
• inserts FAPT into the process after the child placement - not necessarily before it occurs - and
requires FAPT, only then, to perform an assessment and determine if community-based services
would be more cost-effective;
• creates the opportunity for additional trauma for a child who is placed in a facility prior to FAPT
review and then must be moved again if the FAPT subsequently determines that community-
based treatment is more appropriate;
• creates local government financial responsibility for placements not initially authorized by the
FAPT;
• sets an arbitrary deadline for FAPT action which includes assessment, development of a service
plan, and identification/scheduling of providers;
• assesses a de facto financial penalty by shifting the residential treatment costs to the locality if the
locality cannot safely move the child back to the community before the arbitrary deadline;
• assesses that financial penalty on localities for missing a deadline when there is no guarantee that
the FAPT will receive the referral in a timely manner after a placement is made;
• fails to account for localities with large FAPT caseloads, localities with part-time coordinators, and
those with regional FAPTs; and
• allocates no additional state administrative funds to help localities with new responsibilities.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that the Office of
Comprehensive Services and the State Executive Council refrain from adopting this policy, as proposed , that shifts
from the state to the county direct and indirect costs associated with expanding the mandated population under
CSA and, instead, support the expansion of state funding for community-based behavioral health services for
children and adolescents which would address the basic issue that is driving the interest in this proposed policy;
and
BE IT RESOLVED FURTHER that any movement on this proposed policy be postponed until it can be
determined that there is truly a need for such a policy and, if so, that any new commitments affecting the County
not add unrealistic administrative burdens or impose unfunded mandates; and
FURTHER RESOLVED that this resolution be sent to the Office of Comprehensive Services for At-Risk
Youth & Families with copy to Albemarle County’s delegation to the Virginia General Assembly.
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ATTACHMENT 5
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR CLE 2015-41 MS. LALA’S CHILD CARE (DELOIS GRADY)
WHEREAS, Delois L. Grady and Thomas N. Morton, Jr. are the owners of Tax Map and Parcel Number
061X2-00-0W -00800 (the “Property”); and
WHEREAS, Delois Grady filed a request for a special exception in conjunction with CLE 201 4-41 Ms.
Lala’s Child Care (Delois Grady) in March, 2014 to allow Ms. Lala’s Child Care to care f or six to twelve children;
and
WHEREAS, the Board of Supervisors approved the special exception with conditions, including a
condition that the approval would expire on May 14, 2015 and would be subject to reapplication and approval for
continued use; and
WHEREAS, Delois Grady filed a request for a special exception in conjunction with CLE 2015-41 Ms.
Lala’s Child Care (Delois Grady), to allow Ms. Lala’s Child Care to continue to care for six to twelve children.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the special exception request, staff’s supporting analysis included in the
executive summary, and all of the factors relevant to the special exceptions in Albemarle County Code §§ 18-
5.1.56(b)(7)(b) and 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exception to
allow Ms. Lala’s Child Care to continue to care for six to twelve children in conjunction with CLE 2015 -41, as
described hereinabove, subject to the performance standards for this use in Albemarle County Code § 18-
5.1.56(b) and the conditions attached hereto.
* * *
CLE 2015-41 Ms. Lala’s Child Care (Delois Grady) Special Exception Conditions
1. No outside activities before 10:00 a.m. or after 7:30 p.m. associated with this use;
2. Parking for child pick-up and drop-off and any employee not residing in the home shall be on-
street only; and
3. Before the family day home for six to twelve children uses HOA common area for activities, the
applicant shall provide evidence to the Zoning Administrator that it has obtained the consent of the
HOA to use the HOA common area for that purpose.
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ATTACHMENT 6
RESOLUTION TO APPROVE
SP 2015-04 GORDONSVILLE-SOMERSET
WHEREAS, Merle Underwood Lawson and Robert J. Lawson, Trustees, under the Will of Albert J.
Lawson, are the owners of Tax Map and Parcel Numbers 03700-00-00-01100 and 03700-00-00-011B0 (the
“Lawson Parcels”), and Virginia Electric & Power Company is the owner of Tax Map and Parcel Number 03700-
00-00-011A0; all of the owners of such parcels are referred to herein collectively as the “Owner” and the parcels
are referred to herein collectively as the “Property” and
WHEREAS, Virginia Electric & Power Company holds a right-of-way easement on the Lawson Parcels to
establish and maintain transmission facilities; and
WHEREAS, Virginia Electric & Power Company d/b/a Dominion Virginia Power (the “Applicant”) filed an
application for a special use permit to allow the replacement of existing power transmission lines and their
supporting towers, and the application is identified as Special Use Permit 2015-00004 Gordonsville-Somerset (“SP
2015-04”); and
WHEREAS, the proposed use is allowed on the Property by special use permit under Albemarle County
Code § 18-10.2.2(6); and
WHEREAS, on April 21, 2015, after a duly noticed public hearing, the Albemarle County Planning
Commission recommended approval of SP 2015-04 with the condition recommended by staff; and
WHEREAS, on May 13, 2015, the Albemarle County Board of Supervisors held a duly noticed public
hearing on SP 2015-04.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report
prepared for SP 2015-04 and all of its attachments, the information presented at the public hearing, and the
factors relevant to a special use permit in Albemarle County Code § 18-33.8, the Albemarle County Board of
Supervisors hereby approves SP 2015-04, subject to the performance standards for this use in Albemarle County
Code § 18-5.1.12 and the condition attached hereto.
*****
SP-2015-00004 Gordonsville-Somerset Condition:
1. Transmission lines and supporting structures on Tax Map and Parcel Numbers 03700-00-00-01100 and
03700-00-00-011B0 shall remain within the right-of-way easement recorded at the Albemarle County
Circuit Court in Deed Book 738, Page 758.