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HomeMy WebLinkAbout1991-05-15May 15, 1991 (Regular Night Meeting) Page (1) 115 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 15, 1991, at 7:00 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, F. R. Bowie, Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mr. Peter T. Way. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, George R. St. John; and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:00 P.M. by the Chairman, Mr. Bowie. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. Agenda 4a. Proclamation: National Ruritan Week. Mr. Perkins read the proclamation designating May 19 through May 25, 1991, as National Ruritan Week. He then moved adoption of the proclamation. The motion was seconded by Mrs. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to approve Items 5.1 through 5.5a, and to accept the remaining items on the consent agenda as information. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Item 5.1. Statements of Expenses (State Compensation Board) for the Director of Finance, Commonwealth's Attorney, Sheriff and Regional Jail for the Month of April, 1991, were approved as presented, by the vote shown above. Item 5.2. Request from Mr. Richard P. Bell, IV, Realtor, for a resolu- tion of approval for a street name sign to identify Mill Ridge Road at its intersection with State Route 614 in Mill Ridge Subdivision was approved by adopting the following resolution by the above recorded vote: WHEREAS request has been received for a street sign to identify the following road: Mill Ridge Road (State Route 1060) at its intersection with State Route 614. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transpor- tation be and the same hereby is requested to install and maintain the above mentioned street sign. May 15, 1991 (Regular Night Meeting) Page (2) 116 Item 5.3. Request from Ms. Lori Langpaul Beebe, Virginia Land Company, for a resolution of approval for a street name sign to identify Wyngate Road at its intersection with Hydraulic Road in Wyngate Subdivision was approved by adopting the following resolution by the vote shown above: WHEREAS request has been received for a street sign to identify the following road: Wyngate Road (State Route 1549) and Hydraulic Road (State Route 676) at its intersection. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transpor- tation be and the same hereby is requested to install and maintain the above mentioned street sign. Item 5.4. Request from Ms. Mary F. Seymour, Community Manager for The Greens at Hollymead complex, for a resolution of approval for a street name sign to identify Hollymead Drive at its intersection with Powell Creek Drive in Hollymead Subdivision was approved by adopting the following resolution by the above recorded vote: WHEREAS request has been received for a street sign to identify the following road: Hollymead Drive (State Route 1520) and Powell Creek Drive (State Route 1521) at its intersection. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transpor- tation be and the same hereby is requested to install and maintain the above mentioned street sign. Item 5.5. Request from the Charlottesville-Albemarle Clean Community Commission for a resolution authorizing CAC3 to apply on behalf of the County for Virginia Litter Control Funds was approved by adopting the following resolution by the vote shown above: WHEREAS, the Board of Supervisors of Albemarle County, Virginia, recognizes the existence of litter problems within the boundaries of Albemarle County; and WHEREAS, the Virginia Waste Management Act provides, through the Department of Waste Management, Division of Litter Control and Recycling for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia: Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and Cooperative Program, contingent upon approval of the Application by the Department of Waste Management, Division of Litter Control and Recycling and contingent upon receipt of funds; and May 15, 1991 (Regular Night Meeting) Page (3) 117 Hereby authorizes the Charlottesville-Albemarle Clean Community Commission (CAC3) to apply on behalf of all of the above named localities for a Grant, and to be responsible for the administration, implementation, and completion of the program as it is described in the attached Application form LCG-1; and Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; and That said funds, when received, will be transferred immediately to the Charlottesville-Albemarle Clean Community Commission or if coordinated by the Planning District Commission, said funds will be sent directly to the Planning District Commission by the Department. All funds will be used in the Cooperative Program to which we give our endorsement and support. Hereby requests the Department of Waste Management, Division of Litter Control and Recycling to consider and approve the Application and Program, said Progrim being in accord with Regulations governing use and expenditure of said funds.~. Item 5.5a. Request for a revised resolution requesting acceptance of Lego Drive in Ashcroft Subdivision into the State System of Secondary High- ways. This amended resolution will add 45 feet of roadway to the original resolution adopted on October 3, 1990. The request was approved by adopting the following resolution by the vote shown above: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following road in Ashcroft Subdivision: Lego Drive: Beginning at Station 0+70, a point common to the centerline of Lego Drive and the edge of pavement of the Frontage Road (F-179), thence in a northerly direction 5,285 feet approxi- mately to Station 53+55 the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Trans- portation be and is hereby guaranteed a 60-foot unobstructed right- of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 737, page 428; Deed Book 803, pages 612 and 613; Deed Book 944, page 759; and Deed Book 1115, pages 425, 426, 428 and 429. Item 5.6. Letter dated May 3, 1991, from Mr. Ray D. Pethtel, Commis- sioner, virginia Department of Transportation, re: Abandonments/ Additions on Route 601 to the State Secondary System of Highways, received as information as follows: As requested in your resolution dated December 19, 1990, the following additions to and abandonments from the Secondary System of Albemarle County are hereby approved, effective May 3, 1991. ADDITIONS Route 601 - Section Three of new location Route 601 from Station 26+00 to Station 34+60, Project 0601-002 225, C501, C502 LENGTH 0.17 Mi Route 601 - Section Four of new location Route 601 from Station 36+50 to Station 40+25, Project 0601-002-225, C501, C502 0.07 Mi May 15, 1991 (Regular Night Meeting) Page (4) ABANDONMENTS Route 601 - Section One of old location Route 601 from Station 26+00 to Station 34+60, Project 0601-002-225, C501, C502 Route 601 - Section Two of old location Route 601 from Station 36+50 to Station 40+25, Project 0601-002-225, C501, C502 0.17 Mi 0.07 Mi 118 Item 5.7. Copies of Planning Commission Minutes for April 16, April 23 and April 30, 1991, were received for information. Item 5.8. Supts. Memo No. 8, dated May 6, 1991, from Mr. JOseph A. Spagnolo, Jr., Superintendent of Public Instruction, entitled "1991-92 Budget Estimates," received for information. Item 5.9. Memorandum dated May 14, 1991, from Mr. Charles S. Martin, Chairman of the School Board, entitled "Funding for CATEC," received for information as follows: At its meeting on May 13, 1991, the School Board adopted its budget for 1991-92. One topic that was discussed at our joint meeting on May 8 was funding for CATEC; you requested to receive information from the School Board about how any additional funding for CATEC's budget would be spent. The School Board voted to increase CATEC's funding by $50,000 over the 1991-92 level of funding contingent on the maintenance of all current programs and three administrative personnel at CATEC. This action accepts your recommendation to increase CATEC's funding by $50,000 over the current fiscal year; by this action the School Board has partially addressed the shortfall in State funding of $61,000 and hopes to maintain the current program. If the current program and administrative personnel cannot be main- tained, the matter is to be reconsidered by the School Board. The questions surrounding the requirements relating to the Carl Perkins Vocational Act amendments were clarified to the School Board through a Memorandum from Dr. Paskel and the Charlottesville Superin- tendent, Dr. McGeehan. In short, the requirements of the amendment to the Act may be met in the base (feeder) schools to CATEC and the four high schools are prepared to do so for 1991-92. Item 5.10. Letter dated May 10, 1991, from Mr. D. S. Roosevelt, Resident Engineer, re: questions concerning Route 692 and a section being marked as a passing zone, received for information, as follows: At the April Board of Supervisors' meeting, Mr. Perkins requested the Department review a section of Route 692 which was repaved last year to determine if it could be marked with a passing zone. I requested the Traffic Engineer to review this section. It was determined that previously it had been marked for passing. New federal guidelines, however, have increased the distances required for passing zones. These increases have come about due to the advent of smaller vehicles which have less acceleration and place the driver's eye closer to the roadway. This section is currently posted for 55 mph which requires a minimum of 1800' of sight distance for a passing zone. The section in question is only 1600' long. It was based upon these findings that the passing zone was eliminated when the section was marked after paving. In light of the federal guide- lines concerning passing zone sight distance, and the liability which rests on parties violating these guidelines, the Department has no feasible choice other than to eliminate the passing zone. Agenda Item No. 6. Free Union Agricultural/Forestal District. Public hearing on an ordinance to amend and reenact Chapter 2.1-4(m), known as the Free Union Agricultural and Forestal District, to add three parcels totalling May 15, 1991 (Regular Night Meeting) Page (5) 119 512.670 acres located NW of Free Union & W of Rt 671. Existing district contains 1424.610 acres. (Advertised in the Daily Progress on April 30 and May 7, 1991.) Mr. Cilimberg gave the staff's report as follows: Location: The proposed addition is located on the west side of Route 671 on Fox Mountain near Free Union. Acreage: The proposed addition contains 587.670 acres in four parcels. The existing district contains 1424.61 acres. Time Period: The proposed time period is the same as for the origi- nal district, or ten years from September 21, 1988. Agricultural and Forestal Significance: Land in the proposed addi- tion is being used for forestry. Significant Land not in Agricultural/Forestal Production: The use value assessment program is a good indicator of the actual use of the properties. Ail four parcels are enrolled in the program under forestry. Only 8.0 acres are non-qualifying due to dwellings. Land Uses Other Than Agricultural/Forestry: There are three dwell- ings in the proposed addition. Local Developmental Patterns and Needs: This area consists of large farms, steep wooded land and scattered dwellings. It is well suited for enrollment in a district. Comprehensive Plan and Zoning Regulations: This area is located in Rural Area I in the Comprehensive Plan, and is zoned RA, Rural Areas. The nearest Growth Area is Earlysville Village, a distance of about six miles east. Preservation of agricultural/forestal resources in the Rural Areas is a major goal of the Plan. Environmental Benefits: The proposed addition is located within the South Fork Rivanna Reservoir watershed and the proposed Buck Mountain Reservoir watershed. The headwaters of Piney Creek, one of the main tributaries of the proposed Buck Mountain reservoir, are located in this area. Environmental benefits provided by conservation of wooded areas include protection of ground and surface water quality, wild- life habitat, and critical slopes. This is also a very scenic area. Staff Comment: Staff recommends approval of the addition as pro- posed. Advisory Committee Recommendation: The Advisory Committee at its meeting on March 18, 1991, unanimously recommended approval as proposed. Planning Commission Recommendation: The Planning Commission on April 2, 1991, unanimously recommended approval as proposed. Mr. Cilimberg noted that an application to include Tax Map 7, Parcel 6, was submitted after the Planning Commission meeting, but it is appropriate for the Board to include that parcel in the adopting motion. The public hearing was opened. Ms. Sherry Buttrick from the Piedmont Environmental Council said she would answer any questions. With no one else rising to speak, the public hearing was closed. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve the amended Free Union Agricultural Forestal District, by adopting an ordinance to amend and reenact Chapter 2.1-4(m), by the addition of parcels, all as set out below: May 15, 1991 (Regular Night Meeting) Page (6) ORDINANCE AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4, CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of the Code of Albemarle be, and the same hereby is, amended and reenacted in subsection (m) "Free Union Agricultural and Forestal District", reading as follows: ]_20 Sec. 2.1-4. Districts described. (m) The district known as the "Free Union Agricultural and Forestal District" consists of the following described properties: Tax map 7, parcels 6, 7, 8A, 9, 9A, 9B, 9B1, 9C; Tax map 16, parcels 4B, 4C, 13A, 13D, 15A, 15C, 15E, 15G, 16B, 17, 26, 30 (part), 30B, 33B, 36, 37, 38, 39, 52B1, 52B2, 54; Tax Map 17, parcels 8, 8B, 8C, 17C, 18H, 22. (Note: At the request of the applicant, Agenda Item No. 7 for Covenant Church was heard later in the meeting.) Agenda Item No. 8. SP-91-09. Carl & Rosie Evans. Public Hearing on a request for a single-wide mobile home on 5 ac zoned RA. Property on W side of Rt 602 approx 0.15 mi N of inters of Rts 602/617. TM132,p10. Scottsville Dist. (Advertised in the Daily Progress on April 30 and May 7, 1991.) Mr. Cilimberg gave the staff's report as follows: Character of the Area: The site is currently developed with a single family dwelling. The mobile home has been placed on the site. No dwellings on adjacent properties are visible from the proposed mobile home site. The mobile home will not be visible from the public road. One mobile home is located within one mile of this site. Staff Comment: The mobile home is to be located as shown on Attach- ment C (on file). Attachment C also shows the location of the exist- ing house. The property does have the required number of development rights to permit two dwellings. The mobile home is to be a weekend house for the applicant's children. The applicant uses the existing house as a vacation and weekend home. The applicant's son uses the existing house as a primary residence. The applicant is requesting the mobile home in order to provide additional living space which is needed when the parents and children visit at the same time. One letter of objection has been received regarding this request. As stated above, the mobile home is intended as a vacation and weekend home for the applicant's children. Historically mobile homes have been approved where there is a need for permanent housing as opposed to a part-time use. Staff has identified one similar request (SP-89-20, John G. Hart). That request was approved by the Board of Supervisors. In that approval, the Board noted that the approval was granted because the mobile home was for use by family members and would not be visible from other dwellings or the state road. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions: Recommended Conditions of Approval: 1. Albemarle County Building Official approval; Conformance to all area, bulk and other applicable requirements for district in which it is located; May 15, 1991 (Regular Night Meeting) Page (7) 121 Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a Certificate of Occupancy; Provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health; Maintenance of existing vegetation, landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; 6. Mobile home is not to be rented except to family members. Mr. Cilimberg said that on April 30, 1991, by a vote of 4/3, the Planning Commission recommended denial of the request. If the Board should choose to approve the permit, it would need to attach the conditions recommended in the staff's report. Mr. Bowie asked why Condition #6 is worded so that the mobile home could be rented to family members. Why is it not worded so that it would be used by family members only, on a weekend, temporary basis, if that is, in fact, the basis of the request? Mr. Cilimberg said that condition could be reworded. At this time, the public hearing was opened. The applicant did not care to speak, and no member of the public rose to speak. The public hearing was then closed. Mr. Way said he would like to ask Mr. Evans a question. Mr. Bowie reopened the public hearing. Mr. Way asked about Condition #6. He said it has been the Board's policy not to allow mobile homes to be rented to anyone. Mr. Evans said he does not know where the condition came from. The mobile home would be used by his children for vacation or on weekends. They all live in Fairfax and Loudoun County, and come to this property for vacation, etc., and it is rather crowded when they all show up at one time. One of his sons does live in the house on the property. Mr. Bowie again closed the public hearing. Mr. Way said he feels this request is similar to the Hart petition. Mr. Bain said the difference in this request is that this property does have a house on it. The minutes concerning the other petition did not indicate that there was a habitable dwelling on the property. Mr. Way said he feels that if a mobile home is on the property, and it cannot be seen from any adjoining property or a road, that it causes no harm. Mrs. Humphris said she differs. She read the minutes of the Hart peti- tion carefully, and found it to be an interesting case. She did not feel that particular case fit the intent of the ordinance, because the mobile home was not to be owner-occupied, and it was not for anybody who needed a home, but more for convenience, and it is an incidental use. There is a letter of objection on this petition, and it is an erosion of the intent of the ordi- nance, and she feels it would be a mistake to approve the request. Mr. Way offered motion to approve SP-91-09 with the conditions recommend- ed in the staff's report, but changing No. 6 to read: Mobile Home is to be used by family members only." Mrs. Humphris said she would second the motion so that it could be voted on. Roll was called and the motion failed by the following recorded vote: AYES: Messrs. Bowie, Perkins and Way. NAYS: Mr. Bain, Mr. Bowerman and Mrs. Humphris. Agenda Item No. 9. Public Hearing on an ordinance amending and reenacting Sections 6-1, 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7, Chapter 6 of the Albemarle County Code, entitled "Elections". This ordinance establishes the boundaries of six magisterial and election districts named and bounded as shown on a May 15, 1991 (Regular Night Meeting) Page (8) 122 certain map entitled "Redistricting Plan for Albemarle County, Virginia, Option lA, dated March 25, 1991, prepared by the County Planning Department, and on file with the Clerk of the Board of County Supervisors. These shall be the election districts for the county within the meaning of Section 15.1-571.1 of the Code of Virginia. The ordinance also describes the voting precincts within each of the six magisterial districts. (Advertised in the Daily Progress on April 30 and May 7, 1991.) Mr. Bowie asked for comments from the Board members before opening the public hearing. Mrs. Humphris said the Registrar provided new projections for the Jack Jouett District last week, and the projections show that there will be a significant number of new voters in University Village on Old Ivy Road, and at The Colonnades on Barracks Road. Although Jack Jouett has traditional- ly had low voter registration, it is estimated that the registration for 1992 will be over the 5000 mark. The Electoral Board and Registrar suggest that a new precinct be added at this time, to be known as the University Precinct. Mrs. Humphris said she supports their suggestion for a precinct with the polling place to be at University Hall. Mr. Bowie said there was a memorandum dated May 15, 1991, entitled "Redistricting Ordinance Adoption Materials", on the Board's table tonight. He asked if Mrs. Humphris was referring to "Attachment 2". Mrs. Humphris said "yes" Mr. Bain said he thinks the committee did a masterful job on this project. Mr. Bowerman said he hopes the Board will look favorably on the creation of a new precinct in the Charlottesville District. Branchlands Precinct would be the third one in that district. It would take voters out of the Woodbrook Precinct and would primarily benefit the Branchlands Retirement area, and all of Squire Hills Apartments, and some territory along Rio Road. While it is a benefit for that community, if that area is left in Woodbrook, that precinct would be about 3000 people, and it would be the largest precinct and he thinks it is time to make the split. At this time, the public hearing was opened. Mr. John Wright, Chairman of the Electoral Board, said the Redistricting Committee did a find job. The Electoral Board looked at the results using all of the criteria handed down by the State. Four new precincts are recommended to take care of growth, and to be closer to the State goals of having precincts with 1500 to 2000 registered voters. He commends these recommendations to the Board. With no one else rising to speak, the public hearing was closed. Mr. Bowie noted Attachment #3 which is a resolution to be adopted setting forth the polling places in the various precincts. Attachment #4 and Attach- ment #5 set forth some proposed changes in the Samuel Miller and Scottsville magisterial district lines and also the changes in precinct boundaries occa- sioned by those line changes. Mr. Bain asked if these are the changes discussed at last week's meeting. Mr. Heilman said "yes". He said the Board had earlier discussed the effects of the General Assembly redistricting on the County redistricting, and it only has one effect. The very western portion of the Ivy Precinct of the Samuel Miller District (up Route 760 to Route 250 and then through the middle of Glenaire, and then out to MechumRiver), was split off in the General Assembly redistricting, and given to the 58th House of Delegates District, which is George Allen's District currently. That creates a problem for the Electoral Board, of which there are four solutions. One is to put that section into the Crozet Precinct which would readjust the district lines and put them "out of kilter". Second, give that area to the Batesville Precinct. Third, operate it as an independent precinct, which means that they would have to have a polling place, and currently no public building exists for that polling place. Fourth, operate the Ivy Precinct as a split precinct which is what they hope to avoid. In discussions with Mr. Bain, he thinks it is the desire to operate the entire Ivy Precinct for this year to operate it as a split precinct. May 15, 1991 (Regular Night Meeting) Page (9) 123 As far as adoption of the ordinance, the recommendation is to pull out all references to polling places from the ordinance, and to adopt those by resolution instead. One further change to the ordinance is in the first paragraph, which referred to Map #lA. Since minor changes are being made in the advertised lines, the reference to that map must be changed. It was suggested that the paragraph be changed to say "... districts which shall be named and bounded as described below,..." Mr. Heilman said the State guidelines also suggest that the effective date of the ordinance be June 1, 1991. After some discussion, Mrs. Humphris agreed to the name of University Hall precinct for the new precinct in the Jack Jouett Magisterial District. The public hearing was closed at this time. Motion was offered by Mr. Bain, seconded by Mr. Bowerman, to adopt an ordinance amending and reenacting Sections 6-1 through 6-7 of the Code of Albemarle entitled "Establishment and Boundaries of Magisterial and Election Districts and Voting Precincts", modifying Section 6-1 to read: "The county shall be divided into six magisterial districts which shall be named and bounded as described below, and which shall be the election districts for the countY within the meaning of section 15.1-571.1 of the Code of Virginia."; with the effective date of the ordinance being June 1, 1991; with textual changes in Magisterial District lines as shown on Attachment #4 handed out at this meeting; and with textual changes in precinct lines as shown on Attach- ment #5 handed out at this meeting. The motion was seconded by Mr. Bowerman. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. 0 R D I N A N C E AN OP~)INANCE AMENDING AND ~CTING ~ 6, SECTIONS 6-1 T~ROUGM 6-7 OF THE CODE OF ALB~4ART.I~ (ESTABLISHMENT AND BOUNDAI~ OF MAGISTERIAL AND RT.RCTION DISTI~ICTS AND VOTING PRECINGTS) BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virgin- ia, that Chapter 6, Sections 6-1 through 6-7 of the Code of Albamarle are hereby amended and reenacted as follows: Sec. 6-1. Establish~--t and bo~mdaries of magisterial amd election districts. The county shall be divided into six magisterial districts which shall be named and bounded as described below, and which shall be the election dis- tricts for the county within the meaning of section 15.1-571.1 of the Code of Virginia: (a) Charlottesville Magisterial District~ to be bounded as follows: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then meandering west with the city limits to its intersection with State Route 743; then north on State Route 743 to its intersection with the South Fork Rivanna River Reservoir; then meandering north with the South Fork Rivanna Rive~ to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 643; then south on State Route 643 to its intersection with $chroeder Branch; then south with Schroeder Branch to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the northern city limits of Charlottesville and State Route 631, the point of beginning. May 15, 1991 (Regular Night Meeting) Page (10) 124 (b) Jack Jouett Magisterial District~ to be bounded as follows: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 Bypass; then north on the U. S. Route 250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west with State Route 614 to its intersection with the Mechum River; then meandering northeast with the MechumRiver to its confluence with the Moormans River where they form the South Fork Rivanna River; then meander- ing southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (c) Rivanna Magisterial District, to be bounded as follows: Beginning at the intersection of the Albemarle/Fluvanna County line and the Rivanna River; then meandering northwest with the Rivanna River to the city limits of Charlottesville; then west with the city limits to the Southern Railroad right-of-way; then in a northeast direction on the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then mean- dering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to the Albemarle/Orange County line; then continuing east with the Albemarle/Orange County line to the Albemarle/Louisa County line; then southwest with the Albemarle/ Louisa County line to the Albemarle/Fluvanna County line; then continuing southwest with the Albemarle/Fluvanna County line to the Rivanna River, the point of beginning. (d) Samuel Miller MaKisterial District~ to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to the Mechum River; then meandering northeast with the Mechum River to its intersection with State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with U. S. Routes 29/250 Bypass; then south on U. S. Routes 29/250 Bypass to its intersection with U. S. Route 250 Business; then east on U. S. Route 250 Business to its intersection with the driveway leading to the Lewis Mountain Estate; then south on said driveway to its intersection with the fire road leading to Edgemont Road; then south on said fire road to its intersection with Edgemont Road; then southeast on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with State Route 781; then south on State Route 781 to its intersection with State Route 631; then southwest on State Route 631 to its intersection with State Route 708; then southeast on State Route 708 to its intersection with unnamed road; then south on unnamed road to its intersection with White Oak Creek; then southeast with White Oak Creek to its confluence with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Walnut Branch; then west on Walnut Branch to its confluence with the southern tributary of Walnut May 15, 1991 (Regular Night Meeting) Page (11) 125 Branch; then west on the southern tributary of Walnut Branch to its intersec- tion with the Ammonett Mountain ridgeline; then southwest with the Ammonett Mountain ridgeline to its intersection with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Martin's Creek; then west on Martin's Creek to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to State Route 636, the point of beginning. (e) Scottsville Magisterial District~ to be bounded as follows: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east on the southern tributary of Walnut Branch to its confluence with Walnut Branch; then east on Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then northwest on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meander- ing southeast with the Rivanna River to the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Rockfish River, the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersec- tion with State Route 633, the point of beginning. (f) White Hall Magisterial District~ to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east with Interstate 64 to the MechumRiver; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest with the Albemarle/Rockingham County line to the Albemarle/Augusta County line; then continuing southwest with the Albemarle/Augusta County line to the Albemarle/ Nelson County line; then southeast with the Albemarle/Nelson County line to its intersection with State Route 636, the point of beginning. Sec. 6-2. Voting precincts--CharlottesvilleMagisterial District. The Charlottesville MagisteriaI District shall include three (3) voting precincts, bounded as hereafter set out and named as follows: (a) Berkeley Precinct: Beginning at the intersection of State Route 743 and U. S. Route 29; then northwest on State Route 743 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with U. S. Route 29; then south on U. S. Route 29 to its intersection with State Route 743, the point of beginning. May 15, 1991 (Regular Night Meeting) Page (12) 126 (b) Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then northwest on State Route 743 to its intersection with State Route 660; then southwest on State Route 660 to its intersection with the South Fork Rivanna River; then meander- ing south with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with State Route 631; then east on State Route 631 to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of beginning. (c) Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northwest on State Route 631 to its intersection with U. S. Route 29; then south on U. S. Route 29 to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and State Route 631, the point of beginning. Sec. 6-3. Sm~e--Jack JouettMagisterial District. The 3ack Jouett Magisterial District shall include two (2) voting pre- cincts, bounded as hereafter set out and named as follows: (a) Jack Jouett Precinct: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with the U. S. Routes 29/250 Bypass; then southwest with the U. S. Routes 29/250 Bypass to its intersection with State Route 601; the northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west on State Route 614 to its intersection with the Mechum River; then meandering northeast with the MechumRiver to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (b) University Hall Precinct: Beginning at the intersection of the U. S. Routes 29/250 bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 bypass; then northeast on U. S. Routes 29/250 bypass to its intersection with the northwestern city limits, the point of beginning. Sec. 6-4. Sm.e--RivaunaMagisterial District. The Rivanna Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: May 15, 1991 (Regular Night Meeting) Page (13) 127 (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the Rivanna River; then meandering north- west with the Rivanna River to its confluence with Shadwell Creek; then north- east with Shadweli Creek to its origin near the ridge of the Southwest Moun- tain range; then northeast with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. (b) Stony Point Precinct: Beginning at the intersection of the North Fork Rivanna River and the Southern Railroad right-of-way; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/ Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River, the point of beginning. (c) Hollymead Precinct: Beginning at the intersection of the Southern Railroad right-of-way and the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then north on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersec- tion with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of beginning. (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its con- fluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridgeline of the Southwest Mountain range to its intersection with the origin of Shadwell Creek; then southwest with Shadwell Creek to its confluence with the Rivanna River; then meandering west with the Rivanna River to its intersection with the eastern city limits of Charlottes- ville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. Sec. 6-5. Same--Samuel Miller Magisterial District. The Samuel Miller Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Ivy Precinct: Beginning at the intersection of the MechumRiver and State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with Ivy Creek; then meander- ing southwest with Ivy Creek to its intersection with State Route 677; then May 15, 1991 (Regular Night Meeting) ~_28 Page (14) southeast on State Route 677 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 677; then south- west on State Route 677 to its intersection with State Route 637; then south- west on State Route 637 to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the MechumRiver; then meandering northeast with the MechumRiver to its intersection with State Route 614, the point of beginning. (b) North Garden Precinct: Beginning at the intersection of State Route 781 and Interstate 64; then west on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Mountain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its conflu- ence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tributary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then west on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with Interstate 64, the point of beginning. (c) Batesville Precinct: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its intersection with State Route 636; then east on State Route 636 to its inter- section with State Route 691; then north on State Route 691 to its intersec- tion with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Mountain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albemarle/Nelson County line, the point of beginning. (d) East Ivy Precinct: Beginning at the intersection of Interstate 64 and State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville; then north with the city limits ~o its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersec- tion with U. S. Routes 29/250 Bypass; then north on U. S. Routes 29/250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then east on Interstate 64 to its intersec- tion with State Route 781, the point of beginning. May 15, 1991 (Regular Night Meeting) Page (15) 129 Sec. 6-6. Sm~--ScottsvilleMagisterial District. The Scottsville Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Scottsville Precinct: Beginning at the intersection of State Route 620 and the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with State Route 627; then north on State Route 627 to its intersection with State Route 626; then northeast on State Route 626 to its intersection with State Route 20; then northwest on State Route 20 to its intersection with State Route 712; then northwest on State Route 712 to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with' the southern tributary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then north- west with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then east on State Route 708 to its intersection with State Route 620; then southeast on State Route 620 to its intersection with the Albemarle/Fluvanna County line, the point of beginning. (b) Monticello Precinct: Beginning at the intersection of State Route 781 and the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meandering southeast with the Rivanna River to the Albemarle/ Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with State Route 620; then northwest on State Route 620 to its intersection with State Route 708; then west on State Route 708 to its intersection with State Route 631; then north- east on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville, the point of beginning. (c) Porter's Precinct: Beginning at the intersection of State Route 627 and the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Rockfish River, the Albemarle/Nelson County line; then north with the Albmmarle/Nelson County line to its inter- section with the easternmost ridgeline of the Fan Mountains, where Appleberry Mountain and Butler Mountain cross the Albemarle/Nelson County line; then northeast with the ridgeline of said mountains to its intersection with State Route 712; then southeast on State Route 712 to its intersection with State Route 20; then southeast on State Route 20 to its intersection with State Route 626; then southwest on State Route 626 to its intersection with State Route 627; then south on State Route 627 to its intersection with the James River, the Albemarle/Buckingham County line, the point of beginning. (d) Covesville Precinct: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the easternmost ridgeline of the Fan Mountains where Appleberry Mountain and Ammonett Mountain cross the South Fork Hardware River; then southwest with the ridgeline of said mountains to its intersection with the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with State Route 633, the point of beginning. Sec. 6-7. Same--White~allMagisterial District. TheWhite Hall Magisterial District shall be divided into three (3) voting precincts, bounded as hereafter set out, and named as follows: May 15, 1991 (Regular Night Meeting) Page (16) 130 (a) Crozet Precinct: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its intersection with the Albemarle/Augusta County line; then northeast with the Albemarle/ Augusta County line to its intersection with the Albemarle/ Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then meandering southwest with the MechumRiver to its intersection with Interstate 64; then west on Inter- state 64 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 691; then south on State Route 691 to its intersection with State Route 636; then west on State Route 636 to its intersection with the Albemarle/Nelson County line, the point of beginning. (b) Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State .Route 614; then southeast on state Route 614 to its intersection with the MechumRiver; then meandering northeast with the MechumRiver to its conflu- ence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with State Route 671; then northeast on State Route 671 to its intersection with State Route 664; then north on State Route 664 to its inter- section with State Route 810; then north on State Route 810 to its intersec- tion with the Albemarle/ Greene County line; then west with the Albemarle/ Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of beginning. (c) Earlysville Precinct: Beginning at the intersection of U. S. Route 29 and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersec- tion with State Route 810; then south on State Route 810 to its intersection with State Route 664; then south on State Route 664 to its intersection with State Route 671; then southwest on State Route 671 to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line, the point of beginning. AND, FURTHER ORDAINED that this ordinance shall be effective on and after June 1, 1991. Motion was then offered by Mr. Bain to adopt the following resolution setting forth the polling places within the designated precincts. BE IT RESOLVED that effective June 1, 1991, the polling places for the various voting precincts in Albemarle County, Virginia, shall be as follows: May 15, 1991 (Regular Night Meeting) Page (17) 131 Precinct Woodbrook Berkeley Branchlands Jack Jouett University Hall Ivy North Garden Batesville East Ivy Scottsville Monticello Porters Covesville Keswick Stony Point Hollymead Free Bridge Crozet Free Union Earlysville Polling Place Woodbrook Elementary School Eldercare Gardens Senior Center Jack Jouett Middle School University Hall Meriwether Lewis Elementary School Red Hill Elementary School Batesville United Methodist Church Social Hall Kappa Sigma Auditorium Scottsville Elementary School Piedmont Virginia Community College Yancey Elementary School Covesville Presbyterian Church Stone Robinson Elementary School Stony Point Ruritan Building Hollymead Elementary School Elk's Lodge Brownsville Elementary School Jr. O.U.A.M. Building Broadus Wood Elementary School The foregoing motion was seconded by Mrs. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. St. John said there is still the need for an official map to be filed 'with the ordinance in the Clerk's Office. He suggested that the Board adopt a resolution directing the Planning Department to draft a map reflecting magis- terial district and precinct lines as established by the ordinance just adopted, to be certified by the Electoral Board, and then filed with the Clerk. Motion to this effect was offered by Mr. Bain and seconded by Mr. Perkins. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 7. ZMA-90-28. Covenant Church of God. Public hearing on a request to rezone 0.98 ac from R-4 (residential density of approx 4/du ac) to CO. Property on NE side of Rio Rd approx 1/4 mi S of Greenbrier Dr. Comprehensive Plan shows the area as Neighborhood Service & Low Density Residential (1-4/du ac). TM61,P155. Rivanna Dist. (Advertised in the Daily Progress on April 30 and May 7, 1991.) Mr. Cilimberg gave the staff's report as follows: Character of the Area: The 0.98 acres proposed for rezoning is located at the rear of the existing church property. The Southern Railway line is located west of and adjacent to the site. The property to the east of the site is vacant. Applicant's Proposal: The applicant is proposing to rezone 0.98 acres currently zoned R-4 to CO. This rezoning is intended to accommodate the needs of the church. The applicant has submitted the following proffer. We propose that uses of the property being requested for rezon- lng shall be restricted to those uses listed under Section 23.2.1, Items 4, 7, 8; and those uses listed under Section 23.2.2. May 15, 1991 (Regular Night Meeting) 132 Page (18) Comprehensive Plan: The parcel's land use designation is an area of transition from Neighborhood Service to Low Density Residential. Because of the scale of the Land Use Map and its intent to be sche- matic in nature, a definitive determination has not been made. Staff recommends that the rezoning be reviewed on the merits and practical- ity of the request and not the exact interpretation of the Land Use Map. Summary and Recommendation: The requested zoning designation, CO, states in part that its intent is as a transition between residential districts and other more intensive commercial and industrial dis- tricts. To further support the function of this site as a transi- tional area, the applicant has submitted a proffer which limits the future use of the site. The uses which are to be permitted are similar to uses permitted in the R-4 zoning district by special use permit. Therefore, this rezoning would'be consistent with uses which are permitted on adjacent properties either by-right of by special use permit. The proximity of the Southern Railroad tends to make use of this site for residential purposes unlikely. However, as part of a larger parcel, this area may be used for residential purposes, as open space, recreational area or parking. Staff has not considered the size of the area to be rezoned, 0.98 acres, or the access to the site, through the existing church, as factors which necessitate this request as these conditions were self imposed by the applicant. The Virginia Department of Transportation has commented that this request could result in additional traffic on Route 631 which is currently non-tolerable in this area. However, the applicant's proffer limits the use of the property and while additional traffic may occur, it is not anticipated that the level of increase would be significant. In addition, normal church traffic tends to have peak levels at times when the adjacent roadway is experiencing low traffic volumes. Therefore, it is the opinion of staff that this request will not increase congestion in the public streets. Based on site acreage alone and a theoretical level of development potential, traffic levels could be higher than anticipated by the existing residential zoning. However, due to current site constraints such as slope, stream location and lot configuration, it is unlikely that extensive development could occur on site without waivers. Staff is able to support this request based on the following reason- ing: Uses are limited to uses similar to those allowed by special use permit in the adjacent R-4 district. The Comprehensive Plan indicates this area as a transition between Residential and Neighborhood Service. Commercial Office zoning states in part that the intent of the district is to serve as a transition between residential and more intensive commercial zoning. This proposal meets that intent. The proffered uses should not significantly increase traffic on a non-tolerable road. Staff has identified the following factor which does not support this request: a. Loss of residential holding capacity in the Urban Area. The residential potential of this tract seems to be limited. Staff opinion is that the favorable aspects of this rezoning outweigh the negative aspects. Therefore, staff recommends approval of ZMA-90-28, Church of God, subject to the acceptance of the applicant's proffer. May 15, 1991 (Regular Night Meeting) Page (19) "We propose that uses of the property being requested for rezoning shall be restricted to those uses listed under: Section 23.2.1, Items 4, 7, 8 and those uses listed under: Section 23.2.2." 133 Mr. Cilimberg said the Planning Commission, at its meeting on April 16, 1991, unanimously recommended approval of ZMA-90-28, subject to the appli- cant's proffer. The public hearing was opened. Pastor Harold Bare thanked the Board for adjusting the agenda tonight. He said approval of this request would be an aesthetic advantage to that portion of Rio Road since the current holding pond is right on Rio Road and does not look that good. This would allow that holding pond to be located out of sight and to be made more safe. The piece of property to be rezoned will not cause a loss of residential density because the topography makes the property inaccessible. The church is also on three septic systems now so they will have to pay to have the building connected to the public system. They hope to sell the church building in the future, as they plan to move to a new location. The building contains 20,000 square feet and is finely built and it needs more than 2.5 acres of land. It is an asphalt jungle in the summer time. After nine years of negotiating with the railroad, last week they got approval for an additional 25 foot right-of-way, perpetual easement that can be transferred to a future owner, so they can grade over and beautify along the railroad to make it a more attractive area. In the future, this property will be next to the Meadow Creek Parkway, and it mmy well be the only piece of property between the road and the railroad. It will be a functional piece of property. The church has tried to make the property attractive and functional. The property is zoned CO, so the building was built carefully so it could become a CO use. The building needs this "breather" space, and he asked approval of the 0.98 acre, which he said is not enough, but is all that the church could obtain from the adjoining owner. With no one else rising to speak, the public hearing was closed. Mr. Bowie said he has no objection to this request. He agrees that the positives outweigh the negatives, and he does not think the topography being right next to the railroad, that it depletes any residential density from the plan. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to approve ZMA-90-28, subject to the following proffer: "We propose that uses of the property being requested for rezoning shall be restricted to those uses listed under: Section 23.2.1, Items 4, 7, 8 and those uses listed under: Section 23.2.2." Roll was called on the foregoing motion which carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 10. Request from School Board for Transfer of Funds re: Burley Auditorium/Gymnasium project and Brownsville heating and air condition- ing replacement project. Mr. Tucker said the Albemarle County School Board has requested a trans- fer of funds in the Capital Improvements Program to cover two projects on which bids were recently taken, and on which the bids came in over budget. May 15, 1991 (Regular Night Meeting) Page (20) 134 The transfer would be from the Woodbrook HVAC project in the amount of $119,350, to the Burley Auditorium/Gymnasium Project in the amount of $56,150 and the Brownsville HVAC project in the amount of $ 63,200. Mr. Tucker said it is hoped that favorable bids on the Albemarle High School renovation project and the Brownsville masonry repair project will help to reinstate the Woodbrook project in the plan. In a separate but related matter, Mr. Tucker said the Burley and Browns- ville projects are scheduled for appropriation on July 1, 1991. In order to begin work as soon as school ends, the School Board requests that funds for these two projects, as well as the underground fuel tank removal projects and repaving projects, be appropriated at this time. He recommends approval of the required appropriations. Motion was offered by Mrs. Humphris to adopt the following appropriation 2resolution: FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: 1990-91 CAPITAL IMPROVEMENT FUND FUNDING OF BURLEY AND BROWNSVILLE PROJECTS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900060212800901 1900060251800901 1900060202800673 1900060251800901 1900060202800673 1900060100800675 1900060100950042 WOODBROOKHVAC BURLEY RENOVATIONS BROWNSVILLE HVAC BURLEY RENOVATIONS BROWNSVILLE HVAC VARIOUS PAVING PROJECTS UNDERGROUND STORAGE TANKS TOTAL ($119,350.00 56,150.O0 63,200.00 291,000.00 184,800.00 66,800.00 149,000.00 $691,600.00 REVENUE DESCRIPTION AMOUNT 2900041000410500 BOND PROCEEDS $691,600.00 The motion was seconded by Mr. Way. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 11. Request for Appropriation: Crozet Crossing Afford- able Housing Project. Mr. Tucker said Ms. Theresa Tapscott of the Albemarle Housing Improvement Program (AHIP) has requested a portion of the County's cash contribution to the CDBG - Crozet Crossing project. AHIP is administering this grant for the County, and has requested that $40,000 to $50,000 be appropriated in order to establish a cash reserve to pay vendors in a timely fashion. Staff recommends that a minimum of $40,000 be appropriated. This would leave $260,000 of the total $300,000 County match to be appropriated at a future date. At this time, it is difficult to determine precisely when additional funds will be needed, but it is anticipated that the bulk of the remaining funds will not be needed until the Fall (September-November) of 1991. Mr. Tucker said AHIP has already received bills for site planning/ engineering services and for consultant services for required archeological surveys of the site. Appropriation of these funds will minimize the interest paid on these bills. Motion was offered by Mr. Bain to adopt the following resolution of appropriation: May 15, 1991 (Regular Night Meeting) Page (21) FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: 1990-91 GRANT CROZET CROSSING AFFORDABLE HOUSING PROJECT EXPENDITURE COST CENT~.R/CATEGORY DESCRIPTION 135 AMOUNT 1122481025563100 1100093010930205 REVENUE GRANT FUNDS TO AHIP GEN'L FUND TRANSFER TO CDBG TOTAL DESCRIPTION $ 600,000 40~000 $ 640,000 AMOUNT 2122433000330009 2122451000512004 2100051000510100 GRANT PROCEEDS TRANSFER FROM GENERAL FUND GENERAL FUND BALANCE TOTAL $ 300,000 300,000 40~000 $ 640,000 The foregoing motion was seconded by Mr. Bowerman. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 12. Resolution Ratifying Award of $3,000,000 School Bonds, Series of 1991A, of Albemarle County, Virginia, to the Virginia Public School Authority. Mr. Tucker said this is the last resolution to be adopted by the Board, and it ratifies the award of the VPSA bonds which were sold on May 9, 1991, with an interest rate of 6.369 percent. The closing date for sale of the bonds, at which time the funds will be available, is scheduled for Thursday, May 23, 1991. Motion was then offered by Mrs. Humphris, seconded by Mr. Perkins, to adopt the following resolution: RESOLUTION RATIFYING AWARD OF $3,000,000 SCHOOL BONDS, SERIES OF 1991A, OF ALBEMARLE COUNTY, VIRGINIA, TO VIRGINIA PUBLIC SCHOOL AUTHORITY WHEREAS, by resolution adopted on April 3, 1991 (the "Bond Resolu- tion''), the Board of Supervisors of Albemarle County, Virginia (the "County"), provided for the issuance of $3,000,000 School Bonds, Series of 1991A (the "Bonds"), of the County to the Virginia Public School Authority (the "Authority"); WHEREAS, such resolution authorized the County Executive to award the Bonds to the Authority at such interest rate or rates as would produce a differential in each year of not more than one-tenth of one percent (1/10 of 1%) over the annual rate to be paid by the Authority on the bonds it sold to provide funds to purchase the Bonds, provided that no interest rate on the bonds should exceed nine percent per year; and WHEREAS, on May 15, 1991, the County Executive on behalf of the County awarded the Bonds, bearing interest at the annual rates and maturing on December 15 in years and amounts as shown on Exhibit A hereto, to the Authority; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The action of the County Executive in awarding the Bonds to the Authority is hereby ratified, approved and confirmed, and the Bonds shall bear interest at the annual rates and shall mature on December 15 in years and amounts as shown on Exhibit A. May 15, 1991 (Regular Night Meeting) Page (22) 136 2. The Bonds shall be in substantially the form approved by the Bond Resolution, with such changes as may be necessary or appropriate to conform them to the provisions of this resolution. 3. This resolution shall take effect immediately. EXHIBIT A ALBEMARLE COUNTY, VIRGINIA S3~000~000 SCHOOL BONDS~ SERIES OF 1991A Year Amount Rate Year Amount Rate 1991 $ 60,000 7.80% 2001 $135,000 6.10% 1992 90,000 7.80 2002 130,000 6.30 1993 90,000 7.80 2003 135,000 6.35 1994 155,000 7.80 2004 140,000 6.35 1995 195,000 7.80 2005 145,000 6.35 1996 190,000 6.10 2006 150,000 6.35 1997 190,000 6.10 2007 150,000 6.35 1998 190,000 8.10 2008 150,000 6.35 1999 190,000 6.10 2009 160,000 6.35 2000 195,000 6.10 2010 160,000 6.35 The foregoing motion was seconded by Mr. Perkins. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 12a. Authorize Chairman to sign an easement between the County of Albemarle and the County School Board for a permanent drainage easement on property acquired by the County for the Agnor-Hurt Elementary School. Mr. Tucker said this is a request that the Chairman be authorized to sign an easement for property described as TMP 45-94, containing 5.433 acres which was retained by Albemarle County adjacent to the new Agnor-Hurt Elementary School site. The detention facility to be constructed in conjunction with the school project which straddles the property line has been designed with consideration for the future development of the County's parcel. This easement grants and conveys to the County School Board a drainage easement on the 5.433 acre County parcel. At the same time, it grants and conveys to the County a drainage easement on the school's parcel 45-95A. The cost to construct the detention basin is included in the school construction contract price. This easement doc~nnent also provides for the County to asstune one-half of the maintenance and repair cost in the event the County's parcel is developed and requires the use of this detention basin. Motion was offered by Mrs. Humphris authorizing the Chairman to sign the following easement on behalf of the County: THIS EASEMENT made this 18th day of April, 1991, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor/Grantee, and THE COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantee/Grantor, WITNES SETH : For and in consideration of TEN ($10.00) DOLLARS, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the County of Albemarle, Virginia, Grantor, GRANTS and CONVEYS to the County School Board of Albemarle County, Grantee, a permanent drainage easement containing 12,395 square feet across property of the County of Albemarle, Virginia, as shown on plat of Hayes, Seay, Mattern & Mattern, Inc., dated February 12, 1991, entitled "Plat Showing Drainage Easement for a Detention Basin and Gasline Easement to be Dedicated to the City of Charlottesville May 15, 1991 (Regular Night Meeting) Page (23) 137 Gas Division on Tax Map 45-94 owned by the County of Albemarle, Virginia" (the Plat). Reference is made to the Plat for the location of the drainage easement. The drainage easement is on property acquired by the County of Albemarle, Virginia, by deed of William W. Stevenson, Trustee, et al., dated October 5, 1990, and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1128, Page 654. The Grantee, County School Board of Albemarle County, shall use the drainage easement for the construction of a detention basin for the benefit of property of the County School Board of Albemarle County acquired from the County of Albemarle, Virginia, by deed dated October 31, 1990, recorded in the aforesaid Clerk's Office in Deed Book 1128, Page 650. The Grantee shall construct and maintain the detention basin in a proper and workmanlike manner. For and in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantor, the County School Board of Albemarle County, Virginia, GRANTS and CONVEYS to the County of Albemarle, Grantee, its successors and assigns, a permanent drainage easement containing approximately 23,689 square feet as shown on the Plat. Reference is made to the Plat for the location of the drainage easement. The drainage easement is on property acquired by the County School Board of Albemarle County, Virginia, described herein. The County of Albemarle shall use the drainage easement for a detention basin for the benefit of property of the County of Albemarle, Virginia, described herein. At such time as the property of the County of Albemarle, Virgin- ia, described herein is developed and requires use of the detention basin for drainage purposes, the County of Albemarle, Virginia, its successors and assigns, agree to pay one-half of the maintenance and repair costs of the detention basin. WITNESS the following signatures and seals. COUNTY OF ALBEMARLE, VIRGINIA BY COUNTY SCHOOL BOARD OF ALBEMARI~ COUNTY, VIRGINIA BY The foregoing motion was seconded by Mr. Bowerman. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 13. Approval of Minutes: March 13, March 18 and March 20 (A), 1991. Mr. Perkins had read the minutes of March 18, 1991, pages 9 to the end, and found them to be in order. Mr. Bowie had read the minutes of March 13, 1991, Page 26 beginning at Item No. 19 to the end, and found only one typographical error. Mr. Way had read all of the minutes for March 20 (afternoon), 1991, and found them to be in order. May 15, 1991 (Regular Night Meeting) ~_38 Page (24) Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve the minutes which had been read. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 14. Appointment. GTE-GIS Road Naming Co~nittee. Mr. Bowerman recon~nended that Mr. Calvin Moyer of 314 Brentwood Road, Charlottesville, be appointed as the Charlottesville District representative on the GTE-GIS Road Naming Committee. He offered motion to this effect. The motion was seconded by Mr. Bain. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 15. Other Matters Not Listed on the Agenda from the Board. Mr. Tucker said that this afternoon he learned of a mix-up at the staff level that had to do with a grant the Piedmont Environmental Council had been working on for a preliminary study and survey of a Carter's Bridge Rural Historic District. The grant application had to be filed by five o'clock today, so he sent the application and said it would be approved tonight by the Board. The grant is for $16,000; the County's match is $8,000, but it only requires $1000 in cash. The rest of the funds will be from private entities, or in-kind services from the Planning Department. Mr. Tucker said this is a fairly large area. It ties in with the South- west Mountains study area and continues along Carter's Mountain through Keene to North Garden. During the survey, they will look at and identify all of the historic places in that area for possible preservation in the future. It is an important study, and is needed in this county. If funded, it will ulti- mately make a nice rural, historic preservation area for the entire eastern part of the County. Mr. Tucker said the Board needs to authorize the County Executive to sign the grant application. Motion was offered by Mr. Way to authorize the County Executive to sign the grant. The motion was seconded by Mr. Bain. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. Tucker said that next Monday the Charlottesville City Council is having a public hearing on the proposed E-911 telephone surcharge. He had planned to write a letter to the City Manager urging that City Council adopt the surcharge. He asked if the Board wished to send a formal resolution on this matter, since he feels it is important that this project be undertaken as a community effort. It was the consensus of the Board that a letter from the County Executive would be appropriate. Mr. Bain said he is concerned about the schedule of the Murray Elementary School renovations, since he does not see a lot of activity taking place on the site. He asked for some information from the staff in the near future. Mr. Bowerman said the Rivanna Park Committee met yesterday. It accepted a bid to complete Phase 2 from Abrahamse Construction Company. The bid was $407,000, and the Committee cut nearly all of the concrete paving recommended in the plan thereby dropping the price to about $300,000 which will allow a $35,000 contingency to complete the project. May 15, 1991 (Regular Night Meeting) Page (25) 139 Also, the Committee now has a sense of the use of the park. Total use of the park is about 44 percent county, 20 percent city, 28 percent nonresidents, and about nine percent undetermined. More importantly, players in the base- ball tournaments number about 24 percent county, 40 percent city, and 55 percent nonresident. The Committee took action to recommend that the softball fees be increased to the teams for field usage for each game (they are cur- rently $5.00 per game). There can be as many as ten games played on a field in any given day. Also, parking fees should be charged, at least on the weekends. The economics of having a paid attendant to collect parking fees from nonresident automobiles would more than offset the cost of having an attendant. That is an unanimous recommendation from the Committee. Mr. Tucker said there will be a joint memorandum coming from both the City and County Parks Directors, directed to the Board and City Council for discussion on this subject. Mr. Perkins said he had a call today from an architect working for Miller School. They do not have a building permit yet, but they plan to put a gable roof on one of the buildings in order to provide faculty housing. It is expansion of a nonconforming building in a rural area, so they need a special use permit. They want to speed up the hearing schedule. Following the normal hearing schedule a petition would not get to the Board until August 7. They hope to do the work this summer. Mr. Perkins said he talked to Mr. Cilimberg who said that he can get the petition through the Planning Commission and back to the Board by July 3, if the Board authorizes staff to schedule this request out of sequence. At this time, the Clerk interjected to ask if the Board had considered cancelling the July 3 meeting. The staff must know whether to make any changes in the hearing schedule. The Board agreed that they would not cancel the meeting. Mr. Bain said he is more concerned about hearing this request out of sequence and then getting other requests to do the same thing. He does not want to put "any heat" on the staff. Mr. Cilimberg said he understands that what is involved is the creation of new faculty housing space, and next summer, some increase in student boarding space. There seemed to have been a misunderstanding between the applicant and the zoning administrator about the need for a special permit, or the application would have been filed much earlier. Staff does not recommend accelerating schedules for the reasons Mr. Bain mentioned, but in this case, if the Board feels it is appropriate, the staff will try to have the petition back to the Board by July 3. Mr. Perkins said he has talked with the Zoning Administrator, who said it is an obscure County Ordinance that may not be understood, and she may bring that back to the Board in the future to have it changed. In the meantime, Mr. Perkins said he would offer a motion to have this request heard on July 3. Mr. Cilimberg said the staff would try for that date, but if something unforeseen comes up during writing of the staff report~ it may set that date back. Mr. Bain said he does not want to set the date for this petition. Mr. Way said he does not believe there is any need for a motion. Mr. Bowie said if there is no objection expressed, he will direct that the petition be brought on, and put on the July 3 agenda, if possible. Mr. Perkins withdrew his motion. Mrs. Humphris said she has received a lot of correspondence and comments from people concerning the removal of the pine trees at Albemarle High School in order to extend the parking lot. It seems as though when the Planning Commission approved the site plan, the issue of the pine trees was not a part of the discussion. The trees appear to have been overlooked in the process. She would like for the County Executive to look at the situation to see if there is any way to save that grove of trees for the benefit of the public. May 15, 1991 (Regular Night Meeting) Page (26) 140 Mr. Bowerman asked when the site plan was approved. Mrs. Humphris said it was on February 5, 1991, and this is a long time since that action, but, nevertheless, the people who are just finding out about this are outraged about the loss of these trees. There are a lot of issues involved here, and the citizens really don't understand the process. Mr. Bowie asked that there be a status report prepared for the next Board meeting on the status of funds for the Albemarle High School project. He said that he has had several comments about this issue also. Mr. Cilimberg said he knows there was staff discussion of the trees at the time of site plan approval. The thought was not to disturb anymore land area than had to be disturbed because the school property does lie in the South Fork Rivanna Reservoir watershed. Mr. Bowie wondered if anybody had talked about reducing the number of parking spaces, and requiring the students to ride the school buses. Mrs. Humphris said a lot of people are saying that the trees should not be sacri- ficed for parking, but then there is the requirement for the parking in the Zoning Ordinance, and on the other hand there are the parents who are relieved that the kids are driving, and say that the kids are working to support their cars. Mr. Bowie said that is the parent's problem. Mr. Way recalled that a year and a half ago, the Board had a request for a special use permit in Schuyler where there were some tenant houses that did not have sanitary facilities. The applicant had said that if the permit were granted, the homes would become owner-occupied. He has received a letter from Mr. S. Vance Wilkins, Jr., stating that every house has been sold to the tenants. Because the houses sold for so much below the appraisal, there was one hundred percent bank financing available on all of the houses. The owners are already beginning to fix up and clean up around them. He feels that this allowed some of the citizens to obtain better, affordable housing. Mrs. Humphris said she is glad to have been wrong about this request. Mr. St. John asked for directions from the Board concerning Cable T.V. He said that staff has not been able to find anyone who would qualify as a consultant or an expert to come to a Board meeting and talk unless a fee was paid. Mr. St. John said he has found people in other counties who have just gone through this franchising process, and he would like for the Board to approve having them come to talk to staff. Mr. Bowie said to go ahead and get it set up so that the Board can have a report. Mr. St. John said the Board had directed the staff to talk to someone about cellular telephones, anybody other than a representative of the appli- cant. They have been unable to do that. Mr. St. John said the applicant has in-house personnel that he feels can give the Board the information it wants on this question. There needs to be a policy set on these cellular telephone towers. This is a more complicated question than he had originally thought. He recommends that the Board rescind the condition that anybody who comes to talk to staff be someone other than the applicant. The burden is on the applicant to present facts and knowledge to enable the Board to make the decision, otherwise, the permit is not granted. Mr. Bain said he has no problem with that since it still takes action by this Board to approve a permit. Mr. St. John said he thinks there is a whole lot of leverage that can be applied. The FCC will franchise two companies and require that they cooper- ate, and require that they allow interlocking use of these facilities. Mr. Bowie said if there were no objects, the original order from the Board was rescinded. There were no objections expressed. May 15, 1991 (Regular Night Meeting) 2L4~_ Page (27) Agenda Item No. 15a. Executive Session: Acquisition of Property. At 8:48 P.M., motion was offered by Mr. Bain to adjourn into executive session under Virginia Code Section 2.1-344.A3, to discuss acquisition of property for public purposes. The motion was seconded by Mr. Way. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. St. John said he needed a short executive session to discuss a legal matter of possible litigation in re: Clark Bros. violation of the Zoning Ordinance. Motion was then offered by Mr. Bain to add to the executive session a discussion under Virginia Code Section 2.1-344.A7 for the above stated legal matter. The motion was seconded by Mr. Way. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. The Board reconvened into open session at 9:05 P.M. The following resolution was adopted: MOTION: Mr. Bain SECOND: Mrs. Humphris M~TING DATE: May 15, 1991 C~TIFICATION OF EXECUTIVE M~RTING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. AYES: Messrs. Bain, Bower-a-, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. Not Docketed: Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to authorize the Chairman to sign an offer to purchase from the United States of America, acting by and through the Administrator of General Services, the surplus property formerly known as Bucks Elbow RMLR Site, 4-U-VA-684, consist- ing of approximately 0.23 acre on an "as is, where is" basis, in order to acquire a tower from the Federal government at a figure of $7500 which is the tower that the County has been using with a permit from the FAA for police, schools and general government. May 15, 1991 (Regular Night Meeting) ~_z~2 Page (28) (Metes and Bounds Description of Propert~ BML Plot Site. Ail that tract or parcel of land situated in the White Hall Magisterial DistLict of Albemarle County, Virginia, on Buck's Elbow Mountain and more fully described as fol- lows: from a point being at the intersection of existing road and RML Drive, proceed S 39 degrees, 59' E, 67.26 feet to a point, said point being the point of beginning, thence N 40 degrees 11' E. 16.0 feet to a point, then S 49 degrees 49' W, 100.0 feet to a point, thence S 40 degrees 11' W, 100.0 feet to a point, thence S 49 degrees 49' E, 100.0 feet to a point, thence N 40 degrees 11' E 84.0 feet to the point of beginning: containing in all 0.23 acres, more or less. Permanent non-exclusive risht-of-way. From a point being at the north- westerly corner of the above described plot proceed N 40 degrees 11' E, 16.0 feet to a point being the point of beginning and on the centerline of a 30 foot wide right-of-way thence S 39 degrees 59' E, 42.26 feet to a point, containing .029 acres, more or less.) The foregoing motion was seconded by Mrs. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Not Docketed: Mr. Bowie noted the new cover on the Board's agenda. He said that if Board members had any comments, to forward them to the Clerk. Agenda Item No. 16. Adjourn. At 9:08 P.M., with no further business to come before the Board, the meeting was adjourned. Chairman