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Home My WebLink About1992-08-12 FIN A L 7:00 P.M. August 12, 1992 Room 7, County Office Building 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) *Consent Agenda (on next sheet). 6) CPA-92-02. South Fork Land Trust-Hollymead. Public Hearing on a proposal to amend the Albemarle County Comprehensive Plan, Hollymead Community, to include approximately 30 acres designated for low density residential land use. Property located on Route 643, 1 mi E of Route 29. TM46,P22C&98A. Rivanna Dist. (Deferred from July 15, 1992.) 7) SP-91-63. William Gregory Baldwin. Public beBring on a request for a stream crossing in flood plain of unnamed stream located on S side of Rt 706 approx 0.6 mi W of Rt 631. TM89,P81J. Samuel Miller Di,t. (This property does not lie in a growth area.) 8) SP-92-41 & SP-92-42. Bloomfield Inc. P11"Jie-IleariIl<<-eft-a-re~11e8t--to e!!ltft.eltsh -a - eeftveftt- & -a -f)vt-!!Ie:h.ee}-eft -6a~66-ae8- zeftea - RA ~ - -i,eeat:ea eft - W -!!Ia -ef- R t-6 n -af)l'rex -9,:,4-mi- S -ef- R t-269~ - -lfM69; Pl2,:, - - Saml:lel- NtiHer-B~t,:,--flf~-f)ref)erty-aee!!l-ftet-He8-~-a-~w~-area~~ (Applicant has requested withdrawal.) 9) Public hearing on a request to amend the Albemarle County Service Authority service area boundaries for "water service only" to include a new single-family dwelling on Tax Map 60A, Parcel 9-4. Property located on Georgetown Road, zoned RA. (This property does not lie in a designated growth area.) 10) SP-92-46. James E. Clark. Public hearing on a request for a special use permit for 3 development rights on a 25 ac parcel in order to permit 2 proposed dwellings and a parcel to be occupied by an existing public garage. Property located on S side of inters of Schuyler Rd (Rt 800) & Howardsville Turnpike (Rt 602). TM126,P31F. Scottsville Dist. (This property does not lie in a designated growth area.) 11) Route 629, Request to abandon certain portions of. 12) Discussion: Additional VDoT Revenue Sharing Funds.13) Appointments: a) School Board b) Library Board. 14) Cancel Board Meeting of August 19, 1992. 15) Other Matters Not Listed on the Agenda from the BOARD. 16) Adjourn. CON S E N T AGE N D A FOR APPROVAL: 5.1 Memorandum dated August 12,1992, from Robert W. Tucker, Jr., County Executive, re: Fair Labor Standards Act Reforms. The Board is requested to approve a draft letter to, the Senate Labor Subcommittee and House Labor Standards Subcommittee members regarding exempt employees. 5.1a Statements of Expenses (State Compensation Board) for the Month of July, 1992, for the Director of Finance, Sheriff, Commonwealth's Attorney, Regional Jail and the Clerk of the Circuit Court. FOR INFORMATION: 5.2 Letter dated July 28, 1992, from H. W. Mills, Maintenance Manager, Virginia Department of Transportation, stating that repairs will be made to the existing structure located approximately 200 feet east of Route 635 intersection on Route 692, from 8 A. M. until 5 P. M. on August p. 5.3 Copies of the Minutes of the Planning Commission for July 21 and July 28, 1992. 5.4 Copy of the Minutes of the Rivanna Water and Sewer Authority for June 22, 1992. 5.5 Letter dated July 29, 1992, from Robert G. Crockett, Public Relations Manager, Westvaco, in reply to the Board's letter of June 19 inquiring about the closing of the Ivy Woodyard. 5.6 Copy of letter dated August 3, 1992, from Amelia M. Patterson, Zoning Administrator, addressed to Donna R. Frantzen, M.D., entitled "Official Determination of Category of Use - Woman's Way Organization." 5 . 7 Memorandum dated August 5, 1992, from V. Wayne Cilimberg, Diretor of Planning & Community Development, enclosing a copy of the conditions of approval for SP-90-99 for Rappahannock Electric Cooperative. 5.8 Copy of letter dated August 4, 1992, addressed to Lindsay G. Dorrier, Jr., Director, Department of Criminal Justice Services, from Robert W. Tucker, Jr., County Executive, re: HB599 Funding Formula for police departments. 5.9 Letter dated August 5, 1992, from James M. Bowling, IV, Deputy County Attorney, addressed to Robert W. Tucker, Jr., County Executive, re: Frank B. Haynes, Jr. v. County of Albemarle. 5 .10 Preliminary June, 1992 Financial Management Report. 5.11 Letter dated August 6, 1992, from H. Bryan Mitchell, Deputy State Historic Preservation Officer, Department of Historic Resources, re: proposed Lickinghole Creek Sedimentation Pond. Edward H. Bai , Jr. Samuel Mille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall, Jr. Scottsville David P. Bow rman Charlottesvill Charles S. Marlin Rivanna Charlotte Y. H mphris Jack Jouett Walter F. Perkins White Hali MEMORANDUM TO Robert W. Tucker, Jr., County Executive v. Wayne Cilimberg, Director of Planning and Community Development ~ _ Lettie E. Neher, Clerk, CMC ~ August 13, 1992 Board Actions of August 12, 1992 At the Board of Supervisors' meeting on August 12, 1992, the following ac ions were taken: Agenda Item No.4. Other Matters Not Listed on the Agenda from the Ie. Mr. Kevin Cox expressed concern about cancelling the August 19 meeting wh ch he thought necessitated the deferral of a mobile home request. Mr. Gregg Newschwander expressed concern about the process used for the at large appointment to the School Board. Agenda Item No. 5.1. Memorandum dated August 12, 1992, from Robert W. ker, Jr., County Executive, re: Fair Labor Standards Act Reforms. Agenda Item No.6. CPA-92-02. South Fork Land Trust-Hollymead. Public ring on a proposal to amend the Albemarle County Comprehensive Plan, Holly- d Community, to include approximately 30 acres designated for low density re idential land use. Property located on Route 643, 1 mi E of Route 29. 1M 6,P22C&98A. Rivanna Dist. DEFERRED (5/0 vote) CPA-92-02 to November 11, 19 2. AUTHORIZED the Chairman to send the attached letter to the members of the ate Labor Subcommittee and the House Labor Standards Subcommittee regarding mpt employees. MEmo To: Dc::te: Pc::ge 2. Robert W. Tucker. Jr. V. Wayne Cilimberg August 13, 1992 Agenda Item No.7. SP-91-63. William Gregory Baldwin. Public bearing on a request for a stream crossing in flood plain of unnamed stream located on S side of Rt 706 approx 0.6 mi W of Rt 631. TM89,P81J. Samuel Miller Dist. AIPROVED (5/0 vote) subject to the following conditions recommended by the P' anning Commission: 1. Compliance with all local, state and federal permit requirements pertaining to disturbance of a perennial stream; 2. Department of Engineering approval of crossing design to ensure compliance with Section 30.3; and 3. Approval by the Water Resources Manager of a water quality impact assess- ment. Agenda Item No.8. SP-92-41 & SP-92-42. Bloomfield Inc. Public hearing on a request to establish a convent & a pvt school on 63.66 acs zoned RA. Located on W sd of Rt 677 approx 0.4 mi S of Rt 250. TM59,P12. Samuel Miller Dist. ACCEPTED (5/0 vote) the applicant's request for withdrawal without preju- dice. Agenda Item No.9. Public bearing on a request to amend the Albemarle Co~nty Service Authority service area boundaries for "water service only" to in~lude a new single-family dwelling on Tax Map 60A, Parcel 9-4. Property lo~ated on Georgetown Road, zoned RA. DEFERRED action on the request to September 2. The Board requested the Albemarle County Service Authority to ve~ify the location of the waterline easement. Agenda Item No. 10. SP-92-46. James E. Clark. Public bearing on a request fo~ a special use permit for 3 development rights on a 25 ac parcel in order to pe~it 2 proposed dwellings and a parcel to be occupied by an existing public ga"'age. Property located on S side of inters of Schuyler Rd (Rt 800) & Howards- vi~le Turnpike (Rt 602). TM126,P31F. Scottsville Dist. APPROVED SP-92-46 (3/2 vo~e) subject to the following conditions recommended by the Planning Commission: 1. Staff approval of subdivision plats; and 2. Approval of this permit allows two dwellings in addition to the public garage. The parcel upon which the public garage is located, after subdivi- sion, may be used only as a garage in compliance with SP-91-21 and no dwelling unit shall be established on that parcel. REQUESTED the Zoning Administrator to investigate a complaint made at the Bo~rd meeting concerning violations of SP-91-21 regarding the hours of opera- tiDn, the number of vehicles on the site and repair work being made to the ve~icles in the yard. Melmo To: Date: Page 3. Robert W. Tucker, Jr. V. Wayne Cilimberg August 13, 1992 Agenda Item No. 11. Route 629, Request to abandon certain portions of. SET a public hearing for September 16 to consider a request to abandon certain ~rtions of Route 629. (Note: Due to legal advertising requirements, this public hearing cannot be held on September 16. It will be rescheduled for so~etime in October and the Clerk will notify the appropriate persons.) Agenda Item No. 12. Discussion: Additional VDoT Revenue Sharing Funds. APPROVED (3/2 vote) an additional $100,000 in County funds to be used to match VDpT's Revenue Sharing Funds for the Fifth Street Extended project. Agenda Item No. 13a. Appointment: School Board. APPOINTED (5/0 vote) Mr. George C. Landrith, III, as the Scottsville repre- sentative on the Albemarle County School Board, with said term to expire on De~ember 31, 1995. Agenda Item No. 13b. Appointment: Library Board. REQUESTED the Clerk to schedule the following persons for interviews on September 2: Mr. Mack Tate, Ms. Helga Bennett and Ms. Christine Baker. Agenda Item No. 14. Cancel Board Meeting of August 19, 1992. CANCELLED (5/0 vote) the Board meeting of August 19, 1992. Agenda Item No. 15. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker announced a forum scheduled on August 26, 1992, at 8:30 a.m., at Gr~ves' Mountain Lodge on the Route 29 N Corridor Study. Mr. Martin requested background information and a report at the September 2 me~ting on a petition from Mr. David Booth to amend the Albemarle County Service Au hority service area boundaries for water service to Tax Map 78, Parcel 19. Fo your information, attached is some information I received from Mr. Brent on th s issue. (Note: When the Board adopted the new fee schedule, a fee was in luded for requests to amend the service area boundaries. If a Board member fi es a petition on behalf of an applicant, the applicant will not be charged th t fee.) Mr. Marshall stated his intent to attend LGOC. Mr. Bain requested a status report on September 2 of joint City Council/ Bo rd of Supervisors' meetings. ME~O To: Robert W. Tucker, Jr. v. Wayne Ci1imberg August 13, 1992 D~te: Pcge 4. Mrs. Humphris asked the staff to expedite, if possible, a potential request fer a private school and convent on the Farmington Hunt Club property. Mr. Marshall requested discussion of the Keene Transfer Station at a future mEeting. Agenda Item No. 16. Adjourn. 9:15 p.m. Ll N: ec Attachments c(: Robert B. Brandenburger Richard E. Huff, II Roxanne White Amelia Patterson Jo Higgins Bruce Woodzell J. W. Brent George R. St. John File I ALBEMARLE COUNTY SERVICE AUTHORITY MEMO To: FRON: DATE: RE: Board of Directors Director ~!3 J. W. Brent, Executive August 7, 1992 Request of Frank Kessler to Condemn Easement Across Property-of Andrews/Booth Frank Kessler has been able to negotiate all but one of the easements needed for the water line to Glenmore. A request is attached asking the Authority to condemn an easement across property owned by Sandra Booth Andrews and David Booth. I have spoken with Mr. Booth and find that he is not opposed to the water line and will not appear before you to protest the action being requested. Mr. Booth's land is zoned commercial but not within our jurisdictional area. Groundwater in this area is contaminated, he be- lieves, with petroleum products and he wants to tap onto the water main. I have explained the procedure he must follow to be included in the jurisdictional area and he is pursuing that now. Mr. Booth is also having his own ap- praisal of the easement made so he can evaluate Mr. Kessler's offer but that appraisal won't be ready for several more weeks. Mr. Kessler is anxious to proceed with the construc- tion project but cannot begin with a soil erosion permit which the County won't issue until all easements are ac- quired. Mr. Kessler has made a reasonable effort to obtain this easement through negotiations and his offer has been rejected. I recommend that the Board authorize condemna- tion of this easement upon execution of an agreement by Mr. Kessler indemnifying all associated costs. A resolution authorizing this action is attached for your consideration. J. W. Brent RESOLUTION WHEREAS, it is necessary for the Albemarle County Service Authority (the "Authority") to provide public water service to the Glemnore community in the vicinity of Shadwell, Virginia, such service to include the installation of water lines and appurtenances thereto in accordance with plans, specifications and plats on file in the office of the Executive Director of the Authority; and WHEREAS, it is necessary to acquire both construction and permanent easements for the installation of such water line; and WHEREAS, the owners of properties affected as shown on the plans and plats may be unwilling to convey the needed easements; NOW, THEREFORE, BE IT RESOLVED by the Authority that the Executive Director of the Authority be, and he hereby is, authorized and instructed to acquire, pursuant to authority contained in Virginia Code Section 15.1-1250 (f), the necessary water line easements, both permanent and temporary construction easements, for the installation of water lines and appurtenances thereto across properties as shown on plat of Roudabush Gale & Associates, Inc., entitled "Plat Showing Proposed Water Line Easement Across Parcel 19 Tax Map 79 at Shadwell, Albemarle County, Virginia and dated November 19, 1991. Reference is made to the Plat for the location of the easement as it crosses the aforesaid- property. The plat is on file in the office of the Executive Director. WATER LINE DE!AIL WATER '_"..: EASEMENT CONSISTS OF: Il 20: PERMANENT EASEMENT FOR WATER LINE LYING 10' ON EACH SIDE OF CEN TERL/NE OF PIPE, 2) ADDITIONAL 10' TEMPORARY CONSTRUCT EASEMENT LYING ADJACENT TO EACH SIDE OF PERMANENT ESMT, 3) METES 8 BOUNDS SHOWN DESCRIBE CENTER OF EASEMENT. To Us . . lioUle 2SO __________ STATE . ROUTE ~6.&,.62' (:Ioi}, l'i&\ - ~\1 \'i&' --------~. , ----- t\ t.\ \..'fIt.~ C & 0 CO~t>>-' \C.S.~. 22 To Keswiet- SANDRA BOOTH ANDREWS a DAVID WILSON BOOTH T M, 79 Par. 19 W. B, 69 p'103 DATE NOV, I /991 " I SCALE I = 50 ROUDABUSH, GALE & ASSO 0' A Professional Corporation CERTIFIED LAND SURVEYOR - ENGINEER Charlottesville, Virginia FILE 387 FRANK A. KESSLER P O. Box 5207 CHARLOTTESVILLE. VIRGINIA 22905 July 28, 1992 A2C-. 1:;/ !/;-;. JUt ~ ~.c:: u oJ 0 19Y2 ~CSA Mr. Bill Brent Albemarle County Service Authority 401 E. McIntire Road Charlottesville VA 22901 RE: Booth Property, Tax Map 78, Parcel 19 Dear Mr. Brent: I have made every attempt to obtain an easement from the above referenced property along Route 250 East for the purpose of constructing the off-site waterline to our Glenmore Project. As we discussed, I have gotten the appropriate appraisal and have offered the owner $200.00 for the easement through his property with no accomplishment to date. Therefore, I am hereby requesting that you start the condemnation proceedings as soon as possible so that we can proceed with construction for the waterline. If you have questions, e to contact me. cc: David Booth Gary McGee, McGuire Woods Battle and Boothe Bill Roudabush, Roudabush and Gale . Edward H Bin. Jr Samuel Mil er COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 ['arrest R Marshall. Jr Scottsvil1e David P Bo erman Charlollesv Ie Charles S Martin Rivanna Chariotte Y. umphris Jack Jouett Waiter F Perkins White Hall August 14, 1992 he Honorable Howard Metzenbaum . S. Senate 40 Russell Senate Office Bldg. ashington, D. C. 20515 ear Senator Metzenbaum: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, Ibemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n oui view, -these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, David P. Bowerman Chairman Albemarle County Board of Supervisors ." r , J .J--- County of Albemarle EXECUTIVE SUMMARY AGENDA ITLE: Fair La or Standards Act Reforms AGENDA DATE: August 12, 1992 ITEM NUMBER: /;; / (/;A /: '> ACTION: INFORMATION: SUBJECT PROPOSAL RE UEST: Approva of Draft Letter to Senate Labor Subcomm'ttee and House Labor Standards Subcomm'ttee memb~rs regarding Exempt Employe s. CONSENT AGENDA: ACTION:~ INFORMATION: STAFF C Messrs. ATTACHMENTS: Yes Huff. 12r1 REVIEWED BY: Pi BACKGRO Judicia employe for man nullify employe employe hours w interpretation of what criteria are used to designate exempt and non-exempt s for purposes of the Fair Labor Standards Act have nullified the overtime exemption salaried employees. Many of the practices that the courts have indicated may the overtime exemption include sound personnel practices such as requiring exempt s to use annual leave or sick leave for absences of less than a full day, requiring s to work according to a regular work schedule, and requiring time sheets that show rked each day. DISCUSS ON: The Nat'onal Association of Counties has provided the attached Alert to encourage counties to take proactive posture against the court rulings which appear to be adversely affecting both th cost of providing services as well as management's flexibility to use supervisors to acco plishorganizational goals even when it means extra time. that the draft letter be approved and sent to the attached subcommittee 92.109 --"",t', NATIONAL ASSOCIATION OF COUNTIES 440 First Street, NW Washington, DC 20001 TeL 2021393-6226 FAX 2021393--2630 ~ ~ FROM: Chief Elected County Official Larry E. Naake Executive Director TO: DATE: July 21, 1992 Support Needed For Fair Labor Standards Act Reforms SUBJECT: -------------------------~------------------~------------------ HAS YOUR COUNTY BEEN SUED. BY HIGHLY PUD SALARJ:ED EMPLOYEES FOR OVERTIME PAY? IF NOT, YOU MAY BE NEXT. IMMEDIATE ACTION NECESSARY: We urqe you to write members of the House Labor Standards Subcommittee and the Senate Labor Subcommittee and urqe them to: SUPPORT S. 1670/H.R. 5112 OR U'J.'tIa< LEGISLATION THAT WILL RELIEVE STATE AND IDCAL GOVERNMENTS FROM OVERTIME PAY LIABILITY FOR ADHIHISTRATJ:VE, EXECUTIVE AND PROFESSIONAL EMPLOYEES. You are also urqed to write or contact your own Conqressional deleqation and urqe them to contact the leadership of the subcommittees to urqe their support. (See attached list and sample letter) BACKGROUND At an increasinq rate, courts have been holdinq state and local qovernments liable for overtime for administrative and executive employees. Public employers have been ordered to pay battalion chiefs, captains and lieutenants of fire departments, buildinq superintendents, correcticn and probation officers, social workers and other hiqh level employees at the rate of time and a half for overtime work. Under the Fair Labor Standards Act, administrative, executive and professional employees are exempt from the time and a half overtime pay requirements. However, based on recent court interpretations of the FLSA regulations, public employees are not exempt if: (1) the county has a pay policy that prohibits pay for hours not actually worked; (2) employees are required to use annual or sick leave when they are absent from work for a few hours; (3) employees are required to fill out time sheets sbowinq hours actually worked; (4) employees work accordinq to a regular work schedule; (5) employees receive compensatory time off for overtime work; (6) employees receive their hourly rate of pay for overtime work; and (7) employees are subjected to disciplinary actions. Please send Larry Jones of the NACo staff, a copy of the letters you send to subcommittee members. (Only 1 copy if same letter) ,., SI~nate Labor Subcommittee The Honorable Howard Metzenbaum* 140 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-2315 The Honorable Barbara 320 Hart Senate Office ashington, DC 20510 PHONE (202) 224-4654 FAX (202) 224-8858 Mikulski E.ldg. e Honorable Edward M. Kennedy Senate Office Bldg. ashington, DC 20510 HONE (202) 224-4543 AX (202) 224-2417 he Honorable Paul D. Wellstone 02 Hart Senate Office E.ldg. ashington, DC 20510 HONE (202) 224-5641 he Honorable James M. Je.ffords** 30 Dirksen Senate Office Bldg. ashington, DC 20510 ONE (202) 224-5141 The Honorable Tom Harkin 531 Hart Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-3254 FAX (202) 224-9369 The Honorable Chris Dodd 444 Russell Senate Office Washington, DC 20510 PHONE (202) 224-2823 Bldg. The Honorable Thad Cochran 326 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-5054 The Honorable Strom Thurmond 217 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-5972 FAX (202) 224-1300 The Honorable Orrin G. Hatch 135 Russell Senate Office Bldg. WaShington, DC 20510 PHONE (202) 224-5251 FAX (202) 224-6331 House Labor Standards Subcommittee he Honorable Austin J. Murphy* 210 Rayburn House Office Bldg. ashington, DC 20515 HONE (202) 225-4665 AX (202) 225-4772 he Honorable Carl C. Perkins 004 Longworth House Office Bldg. ashington, DC 20515 HONE (202) 225-4935 he Honorable Thomas E. petri** 245 Rayburn House Office Bldg. ashington, DC 20515 HONE (202) 225-2476 e Honorable Harris W. Fawell 35 Cannon House Office Bldg. ashington, DC 20515 HONE (202) 225-3515 AX (202) 225-9420 Chairman * Ranking Minority The Honorable William Clay 2470 Rayburn House Office Bldg. Washington, DC 20515 PHONE (202) 225-2406 FAX (202) 225-1725 The Honorable Major R. Owens 114 Cannon House Office Bldg. WaShington, DC 20515 PHONE (202) 225-6231 FAX (202) 226-0112 The Honorable D~ck Armey 130 Cannon House Office Bldg. WaShington, DC 20515 PHONE (202) 225-7772 FAX (202) 225-7614 l..f' S(~nate Labor p The Honorable Howard Metzenbaum* 140 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-2315 8 The Honorable Barbara Mikulski 320 Hart Senate Office Bldg. ashington, DC 20510 PHONE (202) 224-4654 FAX (202) 224-8858 e Honorable Edward M. Kennedy 315 Russell Senate Office Bldg. ashington, DC 20510 HONE (202) 224-4543 AX (202) 224-2417 he Honorable Paul D. Wellstone 02 Hart Senate Office E.ldg. ashington, DC 20510 HONE (202) 224-5641 he Honorable James M. Jeffords** 30 Dirksen Senate Office Bldg. ashington, DC 20510 ONE (202) 224-5141 Subcommittee r The Honorable Tom Harkin 531 Hart Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-3254 FAX (202) 224-9369 G The Honorable Chris Dodd 444 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-2823 \ k The Honorable Thad Cochran 326 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-5054 "..- ~The Honorable Strom Thurmond 217 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-5972 FAX (202) 224-1300 --1" ~ The Honorable Orrin G. Hatch 135 Russell Senate Office Bldg. Washington, DC 20510 PHONE (202) 224-5251 FAX (202) 224-6331 House Labor Standards Subcommittee he Honorable Austin J. Murphy* 210 Rayburn House Office Bldg. ashington, DC 20515 ' HONE (202) 225-4665 AX (202) 225-4772 he Honorable Carl C. Perkins 004 Longworth House Office Bldg. ashington, DC 20515 HONE (202) 225-4935 he Honorable Thomas E. Petri** 245 Rayburn House Office Bldg. ashington, DC 20515 HONE (202) 225-2476 he Honorable Harris W. Fawell 35 Cannon House Office Bldg. ashington, DC 20515 HONE (202) 225-3515 AX (202) 225-9420 Chairman * Ranking Minority (; The Honorable William Clay 2470 Rayburn House Office Bldg. Washington, DC 20515 PHONE (202) 225-2406 FAX (202) 225-1725 PThe Honorable Major R. Owens 114 Cannon House Office Bldg. Washington, DC 20515 PHONE (202) 225-6231 FAX (202) 226-0112 Q The Honorable D~ck Armey 130 Cannon House Office Bldg. Washington, DC 20515 PHONE (202) 225-7772 FAX (202) 225-7614 ,,~ Edward H Ba.n. Jr Samuei Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scottsville David P Bow rman Charlottesvil e Charles S Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F Perkins White Hall August 14, 1992 T e Honorable Howard Metzenbaum U. S. Senate 140 Russell Senate Office Bldg. ashington, D. C. 20515 D ar Senator Metzenbaum: n behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime liability for highly paid employees. Unless legislation is adopted quickly, Ibemarle County could be responsible for back pay for overtime for employees c nsidered exempt. interpretations of the FLSA regulations, employees who are o herwise exempt from the overtime pay requirements, must be paid time and a half t eir regular rate of pay if they are subjected to certain pay practices. For e ample, prohibiting pay for hours not actually worked or requiring employees to use accumulated leave for absences of less than a full work day or providing c mpensatory time off for overtime work are practices that nullify the exemption. lour view, these are examples of good public policy and should not be viewed as grounds to require time and a half for highly paid employees. gislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, David P. Bowerman Chairman B/dbm .048-A Albemarle County Board of Supervisors , ' H @@[PW Edward H. Bin, Jr Samuel Mill r Co.UNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scoltsville David P. Bow rman Charlottesvi Ie Charles S Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall August 14, 1992 T e Honorable William Clay U. S. House of Representatives 2 70 Rayburn House Office Building W shington, D. C. 20515 ar Representative Clay: o behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards' Act to relieve state and local gover~ments from growing overtime liability for highly paid employees. Unless legislation is adopted quickly, Albemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, @~ David P. Bowerman Chairman B/dbm .048-0 Albemarle County Board of Supervisors ,., J'. , (~.; f ; VI . 1 i {I'. I , " l..~ , I. t ! U t i~ .!!) trj I '. Edward H. Ba n, Jr Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scottsville David P. Bow rman Charlottesvil e Charles S. Marlin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall August 14, 1992 T e Honorable Harris W. Falwell u. S. House of Representatives 4 5 Cannon House Office Building W shington, D. C. 20515 ar Representative Fawell: o behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve s ate and local liability and restore accountability over exempt employees. Sincerely, {//~r?~ David P. Bowerman Chairman B/dbm .048-N Albemarle County Board of Supervisors " f:" 10 ~) LPr! Edward H. Bin, Jr Samuei Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 August 14, 1992 Forrest R Marshall, Jr Scottsville David P. Bo rman Charlottesvi Ie Charles S Marlin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall he Honorable Thomas E. Petri . S. House of Representatives 245 Rayburn House Office Building ashington, D. C. 20515 .ear Representative Petri: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, w..:/t?&- David P. Bowerman Chairman PBjdbm 2.048-M c: Albemarle County Board of Supervisors . [G 1 UJ'W Edward H Bai , Jr Samuel Mille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scotl5ville Charles S. Martin Rivanna Charlotte Y. H mphris Jack Jouett Walter F. Perkins White Hail August 14, 1992 e Honorable Carl C. Perkins S. House of Representatives 04 Longworth House Office Building shington, D. C. 20515 ar Representative Perkins: o behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, cD~~ David P. Bowerman Chairman Bjdbm .048-L Albemarle County Board of Supervisors . ~J . , ~~.\. ,fl. '8 : , ../ UULT Edward H. Bin, Jr Samuei Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. J r Scottsville David P. Bo erman Charlottesvi Ie Charles S Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Haii August 14, 1992 he Honorable Austin J. Murphy . S. House of Representatives 210 Rayburn House Office Building ashington, D. C. 20515-3822 ear Representative Murphy: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to reli~ve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsibie for back. pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, (JJ4-ItY~ David P. Bowerman Chairman PB/dbm 2.048-K c: Albemarle County Board of Supervisors @~I[PW Edward H. Bin, Jr Samuel Mil er COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall, Jr. Scottsville David P. Bo erman Charlottesv. Ie Charles S. Martin Rivimna Charlotte Y. umphris Jack Jouett Walter F. Perkins While Hall August 14, 1992 he Honorable Orrin G. Hatch nited states Senate 35 Russell Senate Office Bldg. ashington, D. C. 20510 ear Senator Hatch: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, U)-/~~~ David P. Bowerman Chairman Albemarle County Board of Supervisors '. f ,r'~",.",. \r~ ! , ;. , .. Edward H. Bai . Jr Samuel Mille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr ScoltsviJle Charles S Marlin Rivanna Charlotte Y. H mphris Jack Jouett Walter F. Perkins While Hall August 14, 1992 D ar Senator Thurmond: e Honorable Strom Thurmond ited States Senate 7 Russell Senate Office Bldg. shington, D. C. 20510 behalf of Albemarle County, I urge your support for changes in the Fair Labor andards Act to relieve state and local governments from growing overtime ability for highly paid employees. Unless legislation is adopted quickly, bemarle County could be responsible for back pay for overtime for employees nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, @~~ David P. Bowerman Chairman Bjdbm .048-I Albemarle County Board of Supervisors Edward H. Bin, Jr. Samuel Mill r David P. Bow rman Charlottesvi Ie '. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scoltsville Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F Perkins White Hall August 14, 1992 he Honorable Thad Cochran nited States Senate 26 Russell Senate Office Bldg. ashington, D. C. 20510 ear Senator Cochran: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. l670/H.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, i7~ David P. Bowerman Chairman PB/dbm 2.048-H c: Albemarle County Board of Supervisors -. Edward H. Ba n, Jr Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 August 14, 1992 Forrest R. Marshall. Jr Scottsville David P Bow rman Charlottesvil e Charles S. Marlin Rivanna Charlotte Y. umphris Jack Jouett Walter F Perkins White Hall e Honorable Chris Dodd ited States Senate 4 Russell Senate Office Bldg. shington, D. C. 20510 ar Senator Dodd: behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave ~or absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670/H.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, Q~c;?~ David P. Bowerman Chairman B/dbm .048-G Albemarle County Board of Supervisors .. @[[PW COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr. Scottsville Edward H B .n, Jr. Samuel Mill r Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins While Hall August 14, 1992 e Honorable Tom Harkin ited States Senate 1 Hart Senate Office Bldg. shington, D. C. 20510 ar Senator Harkin: behalf o~ Albemarle county, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, CZ7~~ David P. Bowerman Chairman Albemarle County Board of Supervisors I~ -- [~a]UJw Edward H. Bin, Jr Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall, Jr Scoltsville David P Bow rman Charlottesvi Ie Charles S Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall August 14, 1992 e Honorable Paul D. Wellstone ited States Senate 2 Hart Senate Office Bldg. shington, D. C. 20510 ar Senator Wellstone: o behalf of Albemarle county, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, Albemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, UJ~t?~ David P. Bowerman Chairman Bjdbm .048-D Albemarle County Board of Supervisors .... '!i' ~ I Edward H. Bin, Jr Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scotlsville David P. Bow rman Charlottesvi e Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall August 14, 1992 he Honorable Edward M. Kennedy . S. Senate 315 Russell Senate Office Bldg. ashington, D. C. 20515 n behalf of Albemarle County, I urge your support for changes in the Fair Labor Standards Act to relieve state and local governments from growing overtime liability for highly paid employees. Unless legislation is adopted quickly, Ibemarle County could be responsible for back pay for overtime for employees considered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half their regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to use accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. In our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (S. l670jH.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve state and local liability and restore accountability over exempt employees. Sincerely, cD~~ David P. Bowerman Chairman DPBjdbm 92.048-C cc: Albemarle County Board of Supervisors ..... ".._~. ~.-.--. \~~ -...... ,.' .'. l \~ u\\f David P. Bow rman Charlottesvil e COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 August 14, 1992 Forrest R. Marshall, Jr Scotlsville Edward H. Ba n, Jr Samuel Mill r Charles S. Ma,lin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins Wh;'e Hali e Honorable Barbara Mikulski S. Senate o Hart Senate Office Bldg. shington, D. C. 20515 ar Senator Mikulski: behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve s ate and local liability and restore accountability over exempt employees. Sincerely, David P. Bowerman Chairman Bjdbm .048-B Albemarle County Board of Supervisors ~.. .... ...~, , j i ; i \ \) } I .~..,,,,, I I David P. Bo rman Charlottesvi Ie COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scollsville Edward H Bin, Jr Samuel Mill r Charles S Marlin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall August 14, 1992 he Honorable Howard Metzenbaum . S. Senate 40 Russell Senate Office Bldg. ashington, D. C. 20515 ear Senator Metzenbaum: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime iability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (s. 1670/H.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, {j)rl~ David P. Bowerman Chairman PB/dbm 2.048-A Albemarle County Board of Supervisors ... ... @@[PW COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 August 14, 1992 Forrest R. Marshall. Jr Scottsville Charles S Martin Rivanna Charlotte Y. Jack Jouett Walter F. Perkins While Hall he Honorable Mayor R. Owens . S. House of Representatives 114 Cannon House Office Building ashington, D. C. 20515 ear Representative Owens: n behalf of Albemarle County, I urge your support for changes in the Fair Labor tandards Act to relieve state and local governments from growing overtime liability for highly paid employees. Unless legislation is adopted quickly, lbemarle County could be responsible for back pay for overtime for employees onsidered exempt. ased on recent court interpretations of the FLSA regulations, employees who are therwise exempt from the overtime pay requirements, must be paid time and a half heir regular rate of pay if they are subjected to certain pay practices. For xample, prohibiting pay for hours not actually worked or requiring employees to se accumulated leave for absences of less than a full work day or providing ompensatory time off for overtime work are practices that nullify the exemption. n our view, these are examples of good public policy and should not be viewed s grounds to require time and a half for highly paid employees. egislation (5. 1670jH.R. 5112) has been introduced by Senator John Seymour and ep. Bill Lowery that will address the problems stemming from the court rulings. e urge your support for this legislation or any other bill that will relieve tate and local liability and restore accountability over exempt employees. Sincerely, t/;J~~ David P. Bowerman Chairman Albemarle County Board of Supervisors " -., .~. ~; ! I ~ t r.....- i " i ,.-..... Edward H. Ban. Jr Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr Scoltsville David P. Bow rman Charlottesvil Charles S. Martin Rivanna Charlotte Y umphris Jack Jouett Walter F Perkins White Hall August 14, 1992 T e Honorable Dick Armey U. S. House of Representatives 1 0 Cannon House Office Building W shington, D. C. 20515 ar Representative Armey: behalf of Albemarle County, I urge your support for changes in the Fair Labor S andards Act to relieve state and local governments from growing overtime l'ability for highly paid employees. Unless legislation is adopted quickly, A bemarle County could be responsible for back pay for overtime for employees c nsidered exempt. sed on recent court interpretations of the FLSA regulations, employees who are herwise exempt from the overtime pay requirements, must be paid time and a half eir regular rate of pay if they are subjected to certain pay practices. For ample, prohibiting pay for hours not actually worked or requiring employees to e accumulated leave for absences of less than a full work day or providing mpensatory time off for overtime work are practices that nullify the exemption. our view, these are examples of good public policy and should not be viewed grounds to require time and a half for highly paid employees. gislation (S. 1670jH.R. 5112) has been introduced by Senator John Seymour and p. Bill Lowery that will address the problems stemming from the court rulings. urge your support for this legislation or any other bill that will relieve ate and local liability and restore accountability over exempt employees. Sincerely, cD~~ David P. Bowerman Chairman Bjdbm .048-Q Albemarle County Board of Supervisors . 1 S ATEMENTS OF EXPENSES To: State Compensation Board For: Month of -cr.~/ I 9? l-- DE ARTMENT: County Share DE ARTMENT OF FINANCE: 7 6'75:3~ ( I ~---=-- -.-J =-=--=--~ ~ CIRCUIT COURT: Dlstr ,buted to Board' .:_":'.~~___:...: ,~genda item ~'h~.___~ State Share Total 7.7 /~ 37 /~/sa /3 , , . rftf';? )';1 b't%1// ~.?~~j/ /';:..~ ~/ / #~/2 #i:/2-- 2)?5tfl, 9b ~ 6?:{~ I i i { f 1. ; I j I I / ! I i ... Expenses listed above are only those office expenses in ch the State Compensation Board has agreed to participate, and not the total office expenses of these departments. ~ .? ;,:_J . ,., ,. .,'.'~ I \\'$\:'ti\\\eu tv tKialu,- ..'" ) ~ ; ";,' )' $.. '\li.er:[j~ lien. 1\:" "." . COMMONWEALTH of VIRGINIA RAY D, PE HTEL COMMISSIO ER DEPARTMENT OF TRANSPORTATION POBOX 2013 CHARLOTTESVILLE, 22902 I), S. ROOSEVELT RESiDENT ENGiNEER July 28, 1992 Rou te 692 Albemarle County Ms. Le tie E. Neher Clerk, Board of Supervisors County Office Building 401 Mc'ntire Road Charlo tesville, VA. 22902 Dear Neher: e Virginia Department of Transportation intends to repair the existing re located approximately 200 feet east of Route 635 intersection on Route ginning at 8:00 A.M. August 11, 1992 and should complete by 5:00 P.M. on the y. T affic will be detoured around Routes 635 and 693 by flagpersons during this time. S ould you have any questions, please call this office. Sincerely, IiJ ;)):V\ H. Y. ~ills Maintenance Manager HYMlld cc: F. Farley, R. H. Connock, Jr. L. Edens ard of Supervisors rth Garden Fire Dept. stern Albemarle Rescue Squad arlottesville Post Office bemarle County Police . State Police bemarle County Schools Y. Yright R. Howe TRANSPORTATION FOR THE 21 ST CENTURY I I I ~: ...... ~, E: lJj] - "~/. I I \ I ~ " ~\ t " / QI,';(\ \ 1>,( ~ <{ " I " W.Jfll,Jl ~ " '. ~ ::to.. "'0 :;:~ ~ ~ ~ __ ci 1. ~-7i-.} ';2"; @J ;; Jill .,!' : dlS ~,)I u i (IV) 1 i~ r ,~ ~ ~I , F--~:~ ~~@] l : ./ <D ~:Y .I I'O~" JI>\-\-~ (fO , .....- ....-::}~ ,y @J w ~ ~ Vl "" U "" u o a: r; 0 :J tr .{ S n D - 3i-86 12.31-88 r; 498.66 5233C tr ,35. I I 187 ;5 I 18.33 4879 000 o DC 752.10 759_2.: [!l '" ~ ~ ~ 2.' AfI'- '- ~jLf ...... ~ ~ " ' --- o U I~ - ./"'" '" r81 r, ~ ~d'~"\..'" ~ ~'l5I"~~'- I- ~'@j ~ ~---- ~ ~ ~ ~ o s \,. ~ ~ ,".s. o " ~ ;':.1\..... ;.,) _i'",,':',' (- ) J - / j' 1,1 ;;.'1;"1 j"4 , ...(! ~> ) VVestvaco '-< t July 29, 1992 Mr. David P. Bowerman Chairman, County of Albemarle Office of Board of Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 Dear Mr. Bowerman: In response to your letter of June 19, 1992, I have enclosed a copy of a letter sent to Delegate Peter T. Way on the subject of Westvaco's Ivy Woodyard. Should you have additional questions, please call H.E. (Ed) Matics, our Wood Department Manager. We appreciate your concern, and hope the enclosed material will help clarify this subject with the Albemarle Board of Supervisors. s~. ~~ket Public Relations Manager RGC:ph cc: W. R. Small H. E. Matics Bleached Board Division Riverside Street Covington, VA 24426-0950 Telephone 703 969 5000 Westvaco ~ July 15, 1992 The Honorabl~~ 100 Court SQ4.are ,,--/ Terrace Level :----suite-G-- Charlottesville, VA 22902 Dear Delegate Way: Thank you for your lecter of June 25, forwarded to me by Bill Small. The Ivy Woodyard was constructed in 1956 as a conventional woodyard. The only reason for operating this field woodyard is for the storage of wood used in our manufacturing process. Currently, the Ivy Woodyard is unable to handle larger volumes of inventoried wood essential to our operations in C~vington.. _ e do not have plans at present to construct another woodyard in Louisa or lbermarle Counties. As we near completion of our mill expansion program at Covington - a $530 million investment that will increase our production of bleached board by 45 percent - we may begin the search for a new larger site in that region. Please let me know if there are areas within your district, or elsewhere, that might possibly accommodate our needs. I appreciate your letter and look forward to hearing from yeu. Sincerely, 91 c.-1J1 g;;;:; H. E. Matics Wood Department Manager :ap R. G. W. R. Crockett /' Small Bleached Board Division Riverside Street Covington, VA 24426-0950 Telephone 703 969 5000 100 CO JltT SOUARE TERRACE EVEL.. SUITE G CHARLOTTESVI L.I!:. VIRGINIA 22g02 ft:L- . tt~/U.. (J, COMMONWEALTH OF VIRGINIA ~ June 25, 1992 ~"GNN'N'" COUNTIES. CITIES -"NO TOWNS CONSERVATION ANO NATURAL RESOURCES ....NING ....NO MINERAL. RESOURCES HOUSE OF DELEGATES RICHMOND . William R. Small estvaco Corporation ill Manager iverside Avenue ovington, Virginia 24426 ear Mr. Small: j'--'_ Ll..-l L.. '-{ '? I ,~ It has come to my attention that there have been lans to move your woodyard from Albemarle County to the ouisa/Fluvanna area. There have been several of my constituents that have ontacted my office in objection to this move. Some of heir concerns are listed below: Havin9 the woodyard here has helped to save our landf~ll. Contractors will have to either burn or haul wood to the landfill from construction sites if a local pulpwood market is not available. The woodyard contributes about $750,000.00 directly to the local economy in money paid to loggers and landowners. Much of this wood comes from the southern part of Albemarle County. Additional money is paid to transport wood to Covlngton and salaries paid to local Westvaco personnel. Westvaco is a well known company in this area. You operate a quality company and are respected for what you do with company owned lands. The County Comprehensive Plan is in full support of your operation. Please take these concerns into consideration when lannin9 the move of the woodyard in Albemarle County to he Loulsa/Fluvanna area. If I can be of further assistance with this or any ther matter, please feel free to contact me. With kind personal regards, I remain, Sinperely J UjiJ::! (;L~1/} Pet;~~ IT. Way / ... d.. :'ow', /!~::::.- , Distnl1:Jte to OU;..li. 'z' ,~'-!..(~L~) ,\genc13 item i'kl ,) . COUNTY OF ALBEMARLE Department of Zoning 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 ,., .,~J ugust 3, 1992 onna R. Frantzen, M.D. 210 Monroe street arlysville, virginia 22936 OFFICIAL DETERMINATION OF CATEGORY OF USE - WOMAN'S WAY ORGANIZATION Dr. Frantzen, is to confirm in writing for the record, that it is my opinion hat this use as presentlY proposed, is a boarding camp per the urrent Albemarle County Zoning Ordinance. Therefore, a zoning ext amendment is not necessary. This use requires issuance of a pecial permit from the Board of supervisors, in accordance with ection 10.2.2 (20) "Day camp, boarding camp (reference 5.1. 5) . " his determination is revised from my earlier informal opinion. his revision in opinion is based predominantly on an evolved roposal of use to one which meets our ordinance definition of a amp. In addition, I have completed additional research into efinitions from other sources, such as dictionaries and rdinances; and I have reviewed past precedence. The early iscussions in March, assumed that proposed use would fit within he pending zoning text amendment initiated by Henry Eiden, and not he current ordinance. early description of this proposal involved substantial xplanation of the current use. The intended facilities at dventure Bound in Boonesville allow an expansion of outdoor ctivities and general recreation, beyond those currently available n facilities used for Woman's Way retreats. These include those ithin the list of activities within our ordinance definition for ay camp, and they include camping training, picnicking, walking, iking, cross-country skiing, basketball, volleyball, archery, and ield sports. In fact, the typical program description that you ave related to me verbally has evolved to one which provides a ignificant amount of the daily activities in such recreation. reviously these activities were listed within your submittal as 'diversions." This implied an incidental or minority purpose and ime involvement behind them. ~ugust 3, 1992 ponna Frantzen Page 2 ~he Albemarle County zoning Ordinance defines the following under /3ection 3.0: Camp, Boardinq: As for day camp except that uses and structures for the lodging of guests shall be permitted in locations appropriate for extensive outdoor recreation. Camo. Dav: A lot, tract or parcel of land operated as either a commercial or noncommercial enterprise in which seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports and acti vi ties incidental and relating to the foregoing, but not including miniature golf grounds, golf driving ranges, mechanical amusement device, or permanent structures for housing of guests. ~ith respect to these definitions, I have the following comments: . The structures utilized for boarding are not specified as to type (permanent or temporary) or character (rustic, and the like). The prior Albemarle County Zoning Ordinance definitions referred to tents and travel trailers for "campground," and tents or similar rustic shelters for "summer camp." Therefore, the current ordinance evidences a broadening of the camp definition. . Their locations ,are not specified except to state that they should be aporooriate for recreational use. Webster's Dictionary defines recreation as "refreshment of strength and spirits after work; also a means of refreshment or diversion." I believe that it currently means more than the traditional concept of sports. The American Heritage Dictionary of the English Language defines it as the "refreshment of one's mind and body." . The reference to "seasonal facilities" does not specify any particular season. Instead, I interpret it to mean whatever is appropriate to that season. For example, in the winter that could include skiing or foul weather survival skills. It has been my observation that campgrounds have expanded their programs to include what was previously considered "off-season" times. ~. The list of intended activities is not all-inclusive by the language "all or any of the following." . ugust 3, 1992 onna Frantzen age 3 Woman's Way as presently proposed, will meet the xplicit language of those definitions. This determination is ased on the July 27th submittal of Special Permit 92-54. t is my understanding that this property will serve as a full-time esidence, in addition to the camp. This is a permitted use by- ight within this district. I further understand that the camp ill not be public and commercial, in the sense that it is not open o the public, and is not intended for general vacationers. The etreats and seminars will have a theme and will teach some ractical and stress-reducing skills. Activities will be group oOking/eating, and a majority of group and some individual time is art of the program. Sleeping will be provided in the dormitory ith bunk beds. fter review of the State Code definition, other localities' rdinances, and previous cases in Albemarle,'~ I found my etermination to be supportable. It is clear that each case will ave to be reviewed for its purpose and related activities, haracter of development and the like. nyone aggrieved by this decision may appeal in writing, within hirty days of the date of this letter. This appeal will be heard y the Board of Zoning Appeals. If I can be of further assistance, lease do not hesitate to contact me. incerely, ^m,Y~ M. Patterson Administrator .. c:Jim McVay, Associate Broker Herb Beskin, Attorney Wayne Cillimberg Estelle Neher, Board of Supervisors (for Board's information) I' , .....,.., ". -"_,, I ):~~;",',..; lv '.)~h,.., 4 / - <j,;.J..- . ,.". ~<",,,,,,,",,,",.'~ ",. ..., """","""',- z;~: L'!.I:::!!)-,;) t~~.~:II' i.~ it'-!/~l ;"~;-" COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Albemarle County Board of Supervisors (Consent Agenda0) , V. Wayne Cilimberg, Director of Planning & Community uJC-J Development August 5, 1992 SP-90-99 Rappahannock Electric Cooperative s per your request this past Wednesday, please find attached the appahannock Electric Coop Special Use Permit conditions. C/jcw TTACHMENT / .,- . . COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 August 14, 1991 Rappahannock Electric cooperative Attention: John Dalton P. O. Box 7388 Fredericksburg, VA 22404 RE: SP-90-99 Rappahannock Electric Cooperative Tax Map 21, Parcels 12, 12A, 12D, 14C; Tax Map 33, ~ Parcels 1, 2, 4, 4B, 4C, 10, 12, 12E, 20, 21, 36 Tax Map 46, Parcels 33B, 33F; Tax Map 47, Parcels 2, 3A Dear Mr. Dalton: . The Albemarle County Board of Supervisors, at its meeting on August 7, 1991, unanimously approved the above-noted request to construct an electrical power substation and transmission line on properties between Rt. 29 and Rt. 763 (near Piney Mountain) going in an eastern and southern direction to the Proffit area. Please note that this approval is subject to the following conditions: 1. The granting of this permit does not guarantee the availability of electric power to the applicant and shall not be construed as approving the modification, construction or reconstruction of any facility not specifically approved herein; 2. The granting of this permit shall not be deemed to impair or otherwise affect the rights of the applicant or any other person concerning the acquisition of any right-of-way or other interest in property for such line or the compensation to be paid therefor. Except for angle structures as described in Attachment G, right-of-way width shall not exceed one hundred feet (100'); 3. Suspension structures shall be in general accordance with Attachment G, provided that structures shall not exceed height or width dimensions described in Attachment G. A maximum height limit of 100 feet shall apply where height limits shown on the attachments must be exceeded due to topography; )/ . , / Rappahannock Electric cooperative Page 2 August 14, 1991 4. outside of the right-of-way, the applicant shall have the right to cut danger trees only. A danger tree is defined as any tree which, if felled, would fall within ten feet of a conductor; within the right-of-way, the applicant shall preserve vegetation and trees within fifteen feet of stream crossings and public roads to the maximum extent practicable allowing for the safe operation and maintenance of the line; 5. The applicant shall take all reasonable measures to minimize the adverse impact of such line on adjacent properties, on the neighborhood and on the County, consistent with good engineering practice; 6. Department of Engineering approval of stream crossings; 7. Staff approval of site plans for substations; 8. Centerline of transmission shall not be located closer ~ than 250 feet to any dwelling and shall be in accord with the routing indicated in Attachment A; ! 9. Rappahannock Electric will negotiate other means of maintenance with individual property owners objecting to herbicide usage. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~~ Ronald S. Keeler Chief of Planning RSK/jcw cc: Amelia Patterson Jo Higgins , I l! '-_..J IATTACHMENT AI ~ ~ r----......-........... . '"" . " ~ '" < ei I 0. L 8 .u ~ ;l ~ \1M ~ I ~i g <fj ,~ ~ ~~! f. ~ 65 ~~ ~ ~ 8 h ~ t: ~ :T <.0 ~T J~ (()1 C"l .- 1 \A "ACHMENT G, Page 1 \ ~ ~ (ID::J!dt\l) ,,0 - sg <.0 =tl:: }- OJ :c x l.1J C/) E ... o C/) C/) o QJ ... ... U :J -rJ -0 U 0 2 0 -rJ 3: (/) \ .J::. ....... .- C QJ 3: en c C/) o Q) f- (5 Q.. o U lJ Cl. 0 >-. 0 f- 3: L. QJ ..c en :c C/) QJ C .D 0 >-.~ 0-0 ~ 5 -rJU ..c .~.S QJ 0 :c t: QJ ~t- .2 0 u""- 2 Q) ....... :J (/)0 . o J a . ~ CD "0 o Vl , r UJ E '- 0 UJ UJ 0 '- u Q) "'0 '- ::J 0 UJ ...... 0 Q) u 3: L ::J ~ L ...... ..c (f) ...... >. 3: ::J Q) D r-- 01 UJ "'t:: c: Q) Q) <( 0 Q) I- a... .... OJ 0 (f) U "'0 '- J: 0 ::J X ~ 0 0 W I- 3 l.L / / / / / / / / / / '- Q) ..c 01 J: trJ Q) c: .0 0 >.~ 0"'0 :.:E C o .....,U ..c OlC 'Q) '0 J: ~ Q) (1)1- '- ::J 0 u...... 2 (I) ...... ::J (/)0 T . o '"..r .- t . o '"..r .- 1 . o J o .- ..... v o u V1 (IDO!dAl) ,,0 - ,SS ~TTACHMENT G, Page 21 .. -' ~. T : o co + o "<t t : . o '"-<t t t o to ..... t : o '"-<t ..... t o I ;r ..... 1 .~ "- "- "- IATTACHMENT G, Page 3\ 1--12' - 6" I 12' - 6~ r-12' - 6"--j Tical Cross-braced Tangent structure , W od Poles with Wood Crossarms St ucture Height May be Higher o e to Terrain Conditions Scale: ,.. "" 1 0'-0" ////////~ 777"177~ . I: o ,....." o o i() ~ CO t:. , {--; EX 181T # 18 IATTACHMENTG, Page 4\ 15' - 6" 15' - 6" ~ J>I-1l ..., 15' - 6" ~ w..i !I Typical Cross-braced Tangent Structure Wo d Poles with Wood Crossarms Str dure Height May be Higher Due to Terrain Conditions Scole: 1. l:l 10.-0. . c o r--. o () in ~ to ........ II ~ .. .J::. 3 CJI u :i: 5 .. III ~~ I> >,= C. 0'" <: ~~ < E "5..l; 0l::J DO ~'i :rt: II "'::Ii -too .. t:1l ::J 0 lD u u.... ~~ 2 I> liltS ~ . ID I ,... - . ID I ,... - / // // / / / / / / / / / /' .", I . .I ~ IATTACHMENT G, Page 5\ / /' / / / / :a . 0 on - "'9; I- .- "',. .~..:. tJ -; ~; ): "'-""''"'.''''''-'"'-~;;' i~~ ,r~rn NCI. . ~_p::,:i:'~ (, ) COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 August 4, 1992 L'ndsay G. Dorrier, Jr., Director D partment of Criminal Justice Services 8 5 East Broad Street E'ghth Street Office Building R'chmond, Virginia 23219 HB 599 Funding Formula D Lindsay: I understand Item 438 of the Appropriations Act, it mandates that your partment review the criteria and factors used in the distribution of aid to calities with police departments as provided under HB 599 funding. As you ow, we currently receive approximately $577,000 in state aid for our police partment. In considering those variables in the formula, I urge you to nsider the following issues: · the existing disparity in funding from the state for sheriff's departments versus police departments, · the reductions in HB 599 funding below the statutory prescribed minimum, · the Federal and State aid currently available to Virginia counties and cities including new Federal initiatives in this area, and · the totality of criminal offenses that police must respond to, keeping in mind that reliance on a single indicator such as violent crime does not reflect accurately police work loads in any locality in Virginia. I trust that localities will be given the opportunity to review your recommendations before they are finalized. In the meantime, should you have any questions concerning this letter, please do not hesitate to contact me. Sincerely, dSd- -- Robert W. Tucker, Jr. County Executive R ,JRjdbm 92.138 cc: Senator Edgar S. Robb Delegate Mitch Van Yahres Delegate Peter T. Way Chief John F. Miller "'it l~' t)0~ ~.U' ;~~-=-,;_~Z~r'" 9... ., 10. ) ... c-.. ..) f_:l:;.~li'I;-'H'" ~//I_'J/~() /,- COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 GEORGE R ST.JOHN COUNTY A TORNEY August 5, 1992 JAMES M. BOWLING, IV DEPUTY COUNTY ATTORNEY Mr. Haynes claimed that his property had been assessed at re than fair market value. The houses on both sides of Mr. ynes had sold six months after the reassessment for $40,000 ss than the new County assessment. In addition, he claimed at his assessment was not uniform because his increase in sessment was greater than the increase for Board of Supervisor mbers, Board of Equalization members and the County Executive. M . Haynes withdrew hi.s uniformity claim during the trial. We h d analyzed Mr. Haynes' uniformity claim and found it to be w'thout merit. Increase in Board member assessments were a erage with the increase in assessments of comparable property. . Robert W. Tucker, Jr. unty Executive bemarle County 1 McIntire Road arlottesville, Virginia 22902-4596 Re: Frank B. Haynes, Jr. v. County of Albemarle This case was tried in the Circuit Court of the County of bemarle on August 4, 1992. It was the first legal challenge the County's tax assessment process in over a decade. After aring the evidence, the Court ruled in the County's favor. Bruce Woodzell, Richard Wood and Bill Bradshaw did a good job this case. They spent lots of time outside their normal job d ties and after business hours preparing for the case. Bruce's secretary, Annette Shatz, did yeoman work in preparing and or anizing the many documents in the case. COUNTY OF AlBEMARLi. rf." ~...'J:; ~ r 5' ~ t." ...t.'~..~. :~ ~.__b,__.1.J..i ""~ ~. )~ ~,~ ,~ t~( AUG 6 199/ III (. .~.."': ~~ I ~ ;7f' .. ._,., ~. .~." ti <\.":., "l?t.'~. 4!.. .,,,,,,,; ,'f~/:i '" ~..."". 1;. . ~.;jY' ..,;:,...",!, _~ _ ..\., '",", la'-i"i!' EX~CUTIVl OfflOl Mr. Robert W. Tucker, Jr. Page 2 August 5, 1992 If you feel it is appropriate, will you please inform the Beard of Supervisors about the case outcome. Very !1~lY yours, James! ~OWling, IV Depu~co~nty Attorney JMIs/tlh cc: Melvin Breeden Bruce Woodzell j i 7/- J\~:enc~ tr,~n, t,jo. _...:.__' _~.__. . County of Albemarle EXECUTIVE SUMMARY i ,;," "'".',,''' SUBJECT Prelimi AGENDA DATE: August 12, 1992 ITEM ~BER: tp;? 0,- )(J - it) AGENDA ITLE: Preliminary June Financi 1 Report ACTION: INFORMATION: Report CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes (4) REVIEWED BY, ~ is a preliminary June Financial Report which includes the total operating budget, te report for the General Fund and the School Fund, and a Fund Balance Report. The total p ;ojected balance of revenue over expenditures shown on page 1 as of the end of June is $974 781, reflecting a projected balance of $725,648 for the General Fund and $249,133 for the Sch 01 Division. The pro'ections for both the General Fund and the School Fund have not changed since the May report, since accrued revenues and expenditures are not expected to be finalized for at least another two weeks, and General Fund expenditures still reflect the minimum 1% reserve, not actualepartmental savings. It is anticipated that final balances in both the General Fund and the School Fund will be greater than shown in these earlier projections. Please to the eel free to call me if you have any questions on the preliminary June report prior eeting on Wednesday. jbt 92.112 (") - - :r: ~ ~ - ~ .1\) .... ~ > "tI ..... Z :c <0 ...., G> m ~ m C -...., 3: (X) z .... > ~ ~ I~:~ 01 (X).....O) '*' *'*'*' ..... ..... <000(0 0)0001 Co:....",:,:. ..........~01 *'*'*'*' .......... ..... $!oo 0000(0 (08 :"'000(,,)0)00 o i:.J b b m Co cd:) Q~OOOONOOO 'iJi!.*,*,*,*,*,*,*, "tI m :c (") m Z -f N o *' o:D om .....00 0.... 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Miller Director A 6, 1992 Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 TOO; (804) 766-1934 Telephone (804) 786-3143 FAX: (804) 225-4261 D vid P. Bowerman, Chairman A bemarle County Board of Supervisors 4 1 McIntire Road C arlottesville, VA 22901 Proposed Licking Creek Sedimentation Pond Albemarle County, Virginia VDHR File No. 90-755-F Mr. Bowerman: agency has recently considered the significance of an chaeological site in Albemarle County according to criteria tablished by the National Register of Historic Places. This ignificance evaluation" was made as part of the review of a deral project, the Rivanna Water and Sewer Authority's proposed cking Creek Sedimentation Pond, by the Environmental Protection ency. Our review of federally assisted projects is required by ction 106 of the National Historic Preservation Act of 1966, as ended. sed on a report provided by the Rivanna Water and Sewer thority's consultant, we found that Archeological site 44AB416 is t eligible for the National Register because of its low formation potential. Please note that the evaluation was made lely for the purpose of project planning. you would like additional information about our review or the ction 106 process, please contact Ethel R. Eaton of our staff. Preservation Officer furb~shed to: bert W. Tucker, Jr., County Executive bemarle County 1 McIntire Road arlottesville, VA 22901 ) ~ p~il Gramm, chairman A bemarle County Planning Commission 4b1 McIntire Road C~arlottesville, VA 22901 V Wayne Cilimberg, Planning Director A bemarle County 4)1 McIntire Road C~arlottesville, VA 22901 N~ncy K. O'Brien, Executive Director T~omas Jefferson Planning District Commission 4 3 East Market street, suite 102 C~arlottesville, VA 22901 M~linda-Frierson A bemarle County Historical Society 2~0 Court House Square C~arlottesville, VA 22901 I ;1 D ~TE hLI~t ~ I~I IOfel ~ - [' .~ Ct"?/5.5Cf,) A PENnA ITEM NO. f d -,('PH .- Cf,:J ,-c~ ... A GENnA ITEM NAME ~~';ll~h .",-t(,(~ /~(l({ IJtt CJ,t D ~ UNTIL ~fJlP~WJ' '1~'f'ml;.t\ 1/ I / qC}>) , Form. 3 7/25/86 I . " ! '" tv rj:~.l~':'_~': 7- ~)-_)I /;~fqri;~ ;:~t" :'~- (.6' :;'~1.4 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 , :.1, -'" uly 15, 1992 .... ~ , ; ~/ >' illiam Gregory Baldwin 75-B South Pantops Drive harlottesville, VA 22901 E: SP-91-63 William Gregory Baldwin Tax Map 89, Parcel 81J ear Mr. Baldwin: he Albemarle County Planning Commission, at its meeting on July 4, 1992, unanimously recommended approval of the above-noted - equest to the Albemarle County Board of Supervisors. Please ote that this approval is subject to the following conditions: Compliance with all local, state, and federal permit requirements pertaining to disturbance of a perennial stream: Department of Engineering approval of crossing design.to ensure compliance with section 30.3: Approval by the Water Resource Manager of a water quality impact assessment. lease be advised that the Albemarle County Board of Supervisors ill review this petition and receive public comment at their eeting on August 12, 1992.. Any new or additional information ,. .... illiam Baldwin age 2 uly 14, 1992 egarding your application must be submitted to the Clerk of the oard of Supervisors at least seven days prior to your scheduled earing date. f you should have any questions or comments regarding the above- oted action, please do not hesitate to contact me. incerely, ~i!(~ ichard E. Tarbell enior Planner ET/jcw c: Lettie E. Neher Amelia Patterson Jo Higgins Roger Ray 4 I'" -.. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RICHARD E. TARBELL JULY 14, 1992 AUGUST 12, 1992 SP-91-63 WILLIAM GREGORY BALDWIN Petition: William Gregory Baldwin is petitioning the Board of Supervisors to allow the construction of a stream crossing in the floodplain of an unnamed tributary of Biscuit.Run [30.3.5.1(2)] on 89.63 acres zoned RA, Rural Areas. Property, described as Tax Map 89, Parcel 81J, is located on the south side of Route 706 approximately 0.6 miles west of Route 631 in the Samuel Mill Magisterial District. This property is not located in a designated growth area (Rural Area 4). Character of the Area: The property is currently undeveloped with a rolling terrain and primarily wooded with deciduous trees. Applicant's Proposal: The applicant is proposing to construct a stream crossing for an internal private road to develop the Poplar Ridge eight lot subdivision being reviewed concurrently with this request (see Attachment C). SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval of SP-91-63. Planning and Zoning History: No history applicable to this property. Comprehensive Plan: The Comprehensive Plan states a number of concerns for activity in the floodplain including: "Encroachment into floodplain lands by development and other inappropriate uses can result in increased danger to life, health and property; public costs for flood control measures, rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources, and general degradation of the natural man-made environment" (1989-2010 Comprehensive Plan, page 61). The Comprehensive Plan states as a strategy to preserve water quality "Restrict all clearing, grading and construction activities to the minimum required for the proposed development" (page 67). SUMMARY AND RECOMMENDATION: As shown on the preliminary subdivision plat, the floodplain extends across the entire frontage of this property along Route 706. There are no building sites between Route 706 1 ... " and tqe floodplain (see Attachment C). Staff op1n1on is the stream crossing is necessary to build on or develop this property as no alternative access is available. The applicant has provided calculations and preliminary road plans to demonstrate a 4.5 foot tall box culvert will be adequate to pass the 100-year storm. The Engineering Department and Water Resources Official have reviewed this proposal. The Engineering Department has stated their full support of this submittal and the Water Resources Official will require a minor water quality. impact assessment. Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance. In consideration of the Engineering Department and Water Resources Official final approval, the stream crossing should not harm adjacent properties and should not change the character of the district. Therefore, staff recommends approval of SP-91-63 subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. Compliance with all local, state, and federal permit requirements pertaining to disturbance of a perennial stream; 2. Department of Engineering approval of crossing design to ensure compliance with Section 30.3; 3. Approval by the Water Resource Manager of a water quality impact assessment. A"rrACHMENTS: A - Tax Map B - Location Map C - Poplar Ridge Preliminary Plat 2 88 ') , 17 .....7 / r-' ( ) ( ( ') ( )' -- ;K -'---"""/ r ~ . ( I '''J SEE / 88-20 , ! ) -L_ \ ) ~ .A;.' .. William Gregory Baldwin SeAL.[ IN 'EET . SECTION 89 . '\' -'0 <:-1-.> ~1- I ATTACHMENT 81 ! ~''-''' ll'l-'p.r W.ns jl \~, \\';';",,1 ~. el\'" / ~ //\~ ) -- .. I I I I , I I I I I I I I I ~.<--.o.-.- I I~,,~. ~.,.~ ,/ ""., ~. ./ \, :0.' < ' ~ - i ?' ... - <t ! SP-91-63 William Gregory Baldwin .... "to. ~J ',\ r. \ 1/ ., i _} -~:'-- m f' < ~ ~ : ...._1 -, , ... f , ...:r ( ;. 0-J . , ( , e , ::::; ., ~ , ~ ( ., :.:J l_.. J I :~ l" ~ .. " j...... .. ~~ ..~ k:\ C N ~, \ ~ ~ ..------- I ~ ---..~/~- .",'--- ~ 1. os I "- ., ~~~<:.~:j \ lJ~fi~ '.~' ".,<,' '1 ~ l' ~ G ~ "- " ' ..j :: ; i N ~~~<.:; \ ~i~~ ~~?:~]. ~ I,r--- d " ;\ ~:l2 ~ :'.' ~ ~... G ~ ::~~N ri r ~~~~ ;'~g; ;I ,~.. ~ " .. ' , ~ ~ ~ _.----- l;j~ I N . n~~~ <l NC7l ," Z C7l' !11~iS II _,C7l :- :;) C7lIllN (-:-1 a: ' , I U .... ~~N'" ~..~ ~~ [:J z n.... ~ Q .. .. i~i~~t :r ,- t- O C/lUCl"fi)fi} @h'l'~~ '" - --g;"'!!l~ ::.> Z C/l ala:> t' \ u. ~IO ..,..~ .~ ~ ~ 11' ill W ~:;) ~ III 0 >- 0 a: a: ~~ ~ ~~~9. ,., 1: ~a:~ffi~ I . 0 7- J: ~~~~~O! ..~ ~!~~~~ >- U ~C/l..Ja: U . ~ ~ i....a.. W' I · ~~~g~~ Vl ~ 00....1&1...10 ,0 ,- ..J..Ja.C/l a:Q .t a~h~ 0 ..J \.!J z~~. i ~ a: Ocla <i a. OC/lIZlL. \.!J ...I" ~ ~~ U ~ \ o U ...I C/l \ ~\ ,J ~rJIo ..'\".~ ~ ",,,,~oO "..~..,. ~ .,. ".p. .'~. 1 C P ~ ~ ~ .. ,-.. ~ ft~ l. 7~~ Ctl! ~:~ ~... e~ ~ / / / /f , , \ /~-....\ ~1' ? ,.: .. . .., /... ----.-..- .~ .'"i /\ \ r /r/ ___i_.r'.....l ~ / \ J -- -- -- ,/' g l V / --- - -", --. \ L,/ --+ ,/, \ ,I 1'1~ f- " 00 ..IN N / / / ~ . ... ~i:~ ; i ' !Il: Ij ,~,i i ~ i.. I Il !~ ~M !i II 111ij! A . · ~ i , II Ipi " .11'1 · i . ~ i. i , i [~in \ i ; i . ii Ii I " . ; I ~ II ! 1 lp;\l Ii i! ii' i i1!i n I ~ ~ 5 ~! e ~ i. ( t~ ~ S ~ i i~ ~ lB. a Q~ I n ~ n 1i:n!1 ~ .. s I ~ c ~~ r It 1 Ii il,! : l! ... ~ . ~ ~ ~ i I i S !! !; j! d ! !1 H 11. IdH; ~ I!I: ill rI I G III ~ '" II II / / / " / / ~ .. :il!:~ , . . . h~' ~~~2 , ~ -.~.,=,~-=::-:::--~-:...-:;=:::':""':~'--- ...~.---::.~~-_....-.- :.-,:".:-;~_;", ~:--'~f..; . . i~ . :1'( ',..1'. t 8:' ~" ,. ~ , III ~, k~ ..J ~ !l d ~ ~~~~ ~ f:1 ~ :...:J. ~~;l~ ! ~ t. ----- ---- i~ ,,~ ~r! t~t "...' ~g ~ " ~ ~( ~"! ti~ ..-._~- , ~... I ~: Ii; ~ -'- t -- - ..t::: "ON 'l>( , t~. l( ~ ~ u I \ " (,;.) ;-.'-..10,'- -f'1 ./ ~J6- '\;.Jf'f'~1~ jh-~!'i i""" ~/..:I "' L. ~~~ Estate ill nc.c!""l.li....O f'\, ,,'!Ill l':''''' ". "'I 1r-"'~ .;,r~ ~~...:,!iQ:~.,..' August 6, 1992 p"ij G 0 6 1992 '::'~ ~ t'\ .~..... "..~. \.'If''~T ','~ ~) :..:.1.... t Mr. William D. Fritz, Senior planner Department of Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 Dear Bill: Due to circumstances beyond our control. it is with much regret that Bloomfield, Inc. must withdraw its two applications for Special Use Permits Sp-92-41 and Sp-92-42, Tax Map 59, Parcel 12. Thank you for all your assistance in this matter. 1 have enjoyed working with you and the entire county staff and look forward to working with you in the future. Sincerely yours. , i~~~ Leonard S. Mailloux Bloomfield Board Member Bloomfield Treasurer Realtor cc: Joseph Richmond Courtney Kohler Lester Wilson .. u.s. 29 North, Post Ol1ice Box B166, Charlottesville, Virginia 22906 604/973-6333 500 Faulconer Drive, Post Ol1ice Box 8186, Charlottesville, virginia 22906 804/979-0174 - , , . " COUNTY OF ALBEMARLE Dept of p\()nning & Community Deve\opml'nt 4()l Mc\n\\fe R()ild C hM\ot\c'svi\\l'. V \f~l\n\il L290l 4:)qb (P>()4) 2% :)~"\L:~ 1:: '" ly 22, 1992 loomfield, Inc. .0. Box 2 VA 22945 E: SP-92-41 Bloomfield, Inc. SP-92-42 Bloomfield, Inc. Tax Map 59, Parcel 12 Dear Sirs: The Albemarle county planning commission. at its meeting on July 21. 1992 unanimouslY recommended approval of the above-noted petition to the Board of supervisors. Please note that this approval is subject to the following conditions: SP-92-41 for a convent: 1. The ownership of the convent/monastery shall conform in all respects to the provisions of Chapter 2 of Title 57 of the Code of Virginia, as the same may be amended from time'to time, or any successor statute; 2. The permit is intended to accommodate the long term residency of nuns, monks or friars in a communal setting as opposed to transient occupancy as may be experienced in other religiouS retreats; provided that nothing contained herein shall be deemed to preclude temporary lodging or guests as an accessory use to the convent or monastery; 3. Expansion of buildings or neW construction shall require amendment to this permit; 4. Occupancy shall be limited to that level approved by the Health Department. - , B omfield, InC. J Y 22, 1992 p ge 2 2. din conjunction with a The school shall onlY be operate convent on-site; Enrollment shall be limited to 50 students at any time or such lesser number as maY be approved bY the Health Department; Improvements to the entrance recommended by the Virginia Department of Transportation in its June 15, 1992.1etter shall be completed prior to open,ng of the school, use shall not commence without appropriate local, state, or federal approvals; Use shall not commence until staff approval of adeguate on- site parking. parking shall be provided as follows: 1 space!lO students in grades 1-10, 1 space!3 studentS in grades 11-12, 1 space for every full-time resident of the convent; _92-42 for a school: 3 . 4. 5. 6. No clearing or grading except that required to meet parking and Virqinia Department of Transportation requirements and recreational facilities; 7 . Expansion of buildings or new construction shall require amendment to this permit; Use shall not commence until Fire Officer approval has been obtained; 8. Use shall not commence until Health Department approval has been obtained; 9. 10. 11. Students shall be voluntary placements; The purpose and operations shall be in general accord with Attachment C. Please be advised that the Albemarle county Board of supervisors will review this petition and receive public comment at their meeting on Auqust 12. 1992. Any neW or additional information regarding your application must be submitted to the Clerk of the Board of supervisors at least seven days prior to your scheduled hearing date. I 4u'5us+ I ,-. , r..,' f".~,' /1 , D TE I fA ---.1 '-I , .~" Ll~ .'~y~/ "j 1 ,- I (7 A ENDA ITEM NO. C I C:! :'JI /l / . A ~ENDA ITEM NAME {)fol I(L.\ i '1(;)( L\ i(X!\Z ( /1(\1,) \1'-'(- i,!r'G i .. \ ./ r:::r j '/~'" t\--t- I. \1\ i ,. , \. ! t t I , ", L. /J C' '--./, /'"1 ! c; Cr "', D I"'"' UNTIL ' '\) l1TY)J ( .i...V ( ~~ } " ) I,_-t h); Y \ / .../ ,,?\ Form. 3 7/25/86 . ... .. , ,) ? - ~/.-2 -. "'_.."""~";:~"-,!.~ '\ ~~~ _I{~:..i. ::,le r . COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 229014S96 (H04) 296 SH2:3 ugust 5, 1992 ames E. Clark 130 Oak Hill Drive harlottesville, VA 22902 SP-92-46 James E. Clark Tax Map 126, Parcel 31F Mr. Clark: he Albemarle County Planning Commission, at its meeting on ugust 4, 1992, by a vote of 4-2, recommended approval of the bove-noted request to the Albemarle County Board of Supervisors. lease note that this approval is subject to the following onditions: Staff approval of subdivision plats; Approval of this permit allows two dwellings in addition to the public garage. The parcel upon which the public garage is located, after subdivision, may be used only as a garage in compliance with SP-91-21 and no dwelling unit shall be established on that parcel. lease be advised that the Albemarle County Board of Supervisors ill review this petition and receive public comment at their eeting on Auqust 12, 1992. Any new or additional information egarding your application must be submitted to the Clerk of the oard of Supervisors at least seven days prior to your scheduled earing date. I , !Tames E. Clark Page 2 I\ugust 5, 1992 f you should have any questions or comments regarding the above- ~oted action, please do not hesitate to contact me. ~incerely, 1//i~!l~- ~illiam D. Fritz ~enior Planner ~DF /j cw ~c: Lettie E. Neher Teresa C. Harris & Brenda C. Roberts . !i SP 92-46 JAMES E. CLARK FF PERSON: NING COMMISSION: RD OF SUPERVISORS: WILLIAM D. FRITZ AUGUST 4, 1992 AUGUST 12, 1992 ition: James Clark petitions the Board of Supervisors to ue a special use permit in order to allow two dwellings to be ated on 25 acres [10.5.2] zoned RA, Rural Areas. Property, cribed as Tax Map 126, Parcel 31F, is located on the south e of the intersection of Route 800 (Schuyler Road) and Route (Howardsville Turnpike) in the Scottsville Magisterial trict. This site is not located within a designated growth acter of the Area: This site is developed with a garage for uyler Enterprises and graveled storage/parking area. The area rounding the developed portion of the site is wooded. The age is visible from the state road (Route 602). licant's Pro sal: The applicant is proposing to construct dwellings on this site in addition to the existing garage. dwellings are for the applicant's daughters. The proposed ision will qualify as a family division. The property will be ided into three parcels. Each dwelling will pe on an roximately 10 1/2 acre parcel and the garage will be on a 4 e parcel. The applicant has stated as a justification for s request: "The subdivision of this parcel would allow the building of a house for each of my daughters. Both daughters are employees of Schuyler Enterprises, Incorporated. They only wish to become homeowners and do not intend to sell the property for personal gain. The dwellings would be permanent structures, attractive homes, obscured by trees and vegetation and not an "eye sore" to local residents. Also, these homes would create additional real estate, plus personal property revenue in excess of three thousand dollars annually. I feel home occupancy would be a practical application since there are not intentions of farming this parcel. Past history reveals that this land has not been used for agricultural or forestry products, therefore, there would be no contribution loss to either agricultural or forestry.". S Y AND RECOMMENDATIONS: Staff has reviewed this request for co pliance with Section 31.2.4.1 and 10.5.2.1 of the Zoning Or inance and Comprehensive Plan and does not recommend approval. 1 and Zonin 2, 1990 - Board of Supervisors approved SP-90-11 allowing ht small lots on Parcel 31A (the parent parcel of the lot rently under review). (The plat creating these parcels was inistratively approved on May 31, 1990.) , e 21, 1990 - Staff approved the subdivision plat creating cel 31F (lot currently under review) from Parcel 31A.. tember 18, 1991 - Board of Supervisors approved a request for ublic garage on Parcel 31F (SP-91-21). This area is located within the Rural Areas recommended by the Comprehensive Plan. The Comprehensive Plan tes, "Additional lots are contrary to Rural Area preservation. ever, there may be parcels which could qualify for additional .s under the ordinance criteria, especially adjacent to Growth as" (page 204). The Plan observes that, "The special use mit provision has resulted in very few additional lots roved since 1980, which may indicate that few properties meet established criteria" (page 204). Comprehensive Plan states on Page 203: "All decisions concerning Rural Areas shall be made in the interest of the four major elements of the Comprehensive Plan. The four major elements are": 1) preservation of agricultural and forestal activities; 2) water supply protection; 3) limited service delivery to the Rural Area; and 4) conservation of natural, scenic, and historic resources." St ff offers the following comments regarding the four elements. Th site has very limited use for agriculture and forestal ac ivity due to soils. The site is not located within the wa ershed of a drinking water impoundment. The proposal results in one additional dwelling (over what would be allowed by-right) wh ch should result in a limited increase in demand for services. Th re are no significant natural, scenic or historic resources on th property which merit special consideration. Staff notes that su stantial soapstone deposits are in this area. The four el ments stated by the Comprehensive Plan are also addressed in la ter portions of this report under the criteria listed in Se tion 10.5.2.1. COMMENT: St reviews all requests for additional lots in the Rural Area un er Section 10.5.2 of the ordinance. Since adoption of the or inance in 1980, 15 'requests heard by the Board of Supervisors 2 ha e been for additional lots. Six (6) petitions have been ap roved for a total of fourteen (14) additional lots (Attachment C) Board approval has typically been based on a finding that th application adequately meets the criteria of Section 10 5.2.1, such as location next to a growth area or existing de elopment, or has some unique circumstance. Zoning Ordinance specifies criteria in Section 10.5.2.1 which to be used during review of a special use permit for itional lots. The following is an analysis based on those teria: Board of Supervisors shall determine that such division' is patible with the neighborhood as set forth in section 31.2.4.1 this ordinance, with reference to the goals and objectives of comprehensive plan relating to rural areas including the type division proposed and specifically, as to this section only, h reference to the following: 1. The size, shape, topography and existing vegetation of the property in relation to its suitability for agricultural or forestal production as evaluated by the United States Department of Agriculture Soil Conservation Service or the Virginia Department of Forestry. This property consists of 25 acres. Slopes in the area range from 2% to 45% based on information contained in the Soil Survey of Albemarle County. The property is wooded except for the area occupied by the garage. 2. The actual suitability of the soil for agricultural or forestal production as the same shall be shown on the most recent published maps of the United States Department of Agriculture Soil Conservation Service or other source deemed or equivalent reliability by the Soil Conservation Service. The Soil Conservation Service has provided a soils analysis for this site (Attachment D) and staff has prepared a map showing the boundaries of the various soils on site as well as the parcel boundaries and approximate locations of existing and proposed structures (Attachment E). The Soil Conservation Service has stated "The soils on this parcel will have very little use for agricultural purposes". Several soils exhibit severe limitations for development due to one or more of the following characteristics: slope, depth to rock, wetness, slow percolation rates, seasonally high water tables and high shrink-swell~ 3 3. The historic commercial agricultural or forestal uses of the property since 1950, to the extend that is reasonably available. The property has not been ~sed for commerc.ial agricultural or forestal use. The area has numerous quarries both on this parcel and adjacent lands. 4. If located in an agricultural or forestal area, the probable effect of the proposed development on the character of the area. For the purposes of this section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of such property has been in commercial agricultural or forestal use within five (5) years of the date of the application for special use permit. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. 75% of the land within one mile of this site located in Albemarle County is under land use taxation which indicates commercial agricultural or forestal activity. The property proposed for subdivision does not enjoy land use taxation and was included in the calculation of the percentage of land within a mile used for agriculture or forestry. Based on the percentage of land in use value taxation this site is within an agricultural or forestal area. Residential development in Rural Areas has both direct and indirect effects. Among direct effect are: the vandalism of crops and equipment and the destruction of livestock by children and pets; the desire to regulate routine farm activities by residents of the development (i.e., spraying of pesticides and herbicides; spreading of lime and manure; proximity of livestock to residential areas; commercial timbering activities) and high land prices which makes it difficult for existing farmers to expand and new farmers to locate in the area. Indirect effects are generally related to the expectation of continued development in the area, resulting in the impression that agricultural land is in transition. Indirect effects include: reduced or marginal production; disinvestment in equipment, livestock and other aspects of farming requiring large and/or long-term investment and idling of farmland. Development in agricultural and forestal area can change the character of the area, not only in the immediate vicinity but in remote areas. Increased residential traffic on rural roads can result in hazardous conflicts with slower moving 4 tractors, fruit trucks and logging trucks. New or expanded utility corridors through active farms may be required to serve new development. The above comments dealing with the effects of residential development on agriculture are taken from the previous Comprehensive Plan and have been included in all reports since 1980. Staff does not mean to say that this development will result in all the above negative effects. Staff offers them only as potential effects. 5. The relationship of the property in regard to developed rural areas. For the purpose of this section, a property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on the adoption date of this ordinance. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. One percent (1%) of the land within a mile of this site in Albemarle County was in lots of five acres or less on the adoption date of the ordinance. Therefore, this is not a developed Rural Area. 6. The relationship of the proposed development to existing and proposed population centers, services and employment centers. A property within areas described below shall be deemed in proximity to the area or use described: a. Within one mile roadway distance of the urban area boundary as described in the comprehensive plan; b. Within one-half mile roadway distance of a community boundary as. described in the comprehensive plan; c. Within one-half mile roadway distance of a village as described in the comprehensive plan. The property is located 19 miles from Charlottesville, 11 miles from Scottsville, and 15 miles from North Garden. Staff notes that this site is approximately one mile from Schuyler which is located in Nelson County. 5 I 7. The probable effect of the proposed development on capital improvements programming in regard to increased provision of services. This proposal if approved should have a negligible impact on capital improvements programming as it results in only one additional dwelling. 8. The traffic generated from the proposed development would not, in the opinion of the Virginia Department of Transportation: a. Occasion the need for road improvement; . b. Cause a tolerable road to become a nontolerable road; c. Increase traffic on an existing nontolerable road. Schuyler Road (Route 800) and Howardsville Turnpike (Route 602) are both listed as tolerable roads. These roads currently have 1,382 vehicle trips per day and 263 vehicle trips per day, respectively, based on available information provided by the Virginia Department of Transportation. The Department of Transportation has identified adequate entrance locations. S Y AND RECOMMENDATIONS: Stc ff has identified the following factors which are favorable to th s request: 1. The soils found on this site are not suited to agricultural or forestal use; 2. The proposed development will have a minimal impact on capital improvements programming; 3. Schuyler Road (Route 800) and Howardsville Turnpike (Route 602) are both listed as tolerable roads; 4. Not in a watersupply watershed; 5. Not in conflict with resources identified in the Comprehensive Plan (Open Space Plan). Stcff has identified the following factors which are unfavorable to this request: 1. Some soils on this parcel exhibit severe restrictions for development; 2. The site is not located in a developed rural area; 6 3. The site is remote from Albemarle County designated growth areas; 4. Based on use val~e taxation records, the site is within an agricultural/forestal area. St ff has offered alternatives which may permit the activity pr posed by the applicant without the need for this special use pe mit. The two options provided by staff are: 1. Purchase additional acreage sufficient to permit the creation of a 21 acre parcel while retaining a 21 acre residue. (Increase the parcel from its current 25 acres to 42 acres). 2. Combine the existing 25 acre parcel with the original parent parcel and seek approval of a Rural Preservation Development which, if approved, would permit the creation of lots of less than 21 acres in area. Staff notes that an open space easement would be required as well as compliance with applicable provisions of the Zoning and Subdivision Ordinances. The possibility of creating a Rural Preservation Development was discussed during the review of SP-90-11 (Kenneth V. Carroll) which granted additional development rights for existing structures on Route 800. It should be noted that the parent parcel is under separate ownership, which could make recombination difficult. In response to these options, the applicant has stated: "The proposal of purchasing additional land bordering the existing tract appears to be the best possible solution and one that I would favor. Unfortunately, the mineral rights for the New Alberene Soapstone Company on the neighboring parcel prevents such a purchase. I feel the transaction with Mr. Kenneth V. Carroll on joining land was incorrect for the following reasons: o This land was purchased in April, 1990 without any restrictions except the New Alberene Stone Company, Incorporated mineral rights. o This joining land was subdivided by Mr. Kenneth V. Carroll and the County of Albemarle after we made the transaction with Mr. Vance Wilkins, Jr. o I called to confirm the above statement with Mr. Wilkins, Jr. on July 12, 1992. Mr. Wilkins stated he was unaware of the removal of building rights, transferring them to eight (8) houses joining this 7 parcel. These eight (8) houses in question are not up to State/County code standards of a subdivision. There are no baths and not enough land to qualify their single-family structure." ff can offer the following regarding the restrictions tioned above. The owner of the parent parcels, S. Vance kins, Jr., signed the plats creating the eight lots on Route and Parcel 31F (the parcel under review) and both of these ts note the restrictions of SP-90-11. proposed development can meet the intent of the family di ision exemption provision of the subdivision ordinance by ma'ntaining the property within the family. However, the family di ision exemption does not relieve the applicant from the de elopment right regulations of the Zoning Ordinance. Staff has id ntified one other request for an additional development right in olving a family (SP-88-103 Lois Beckwith) which was approved by the Board of Supervisors. Staff has reviewed SP-88-103 and fi ds that the current request bears little relationship to SP 88-103 and that no precedent has been set regarding the is uance of additional development rights in order to accommodate f ily divisions. Analysis of SP-88-103 reveals that the parcel in olved in SP-88-103 originally consisted of 3.3 acres. Ad itional acreage was added administratively to increase the lot to 4.13 acres, however, no additional development right was ob ained and, therefore, an additional development right was not pe mitted. The additional acreage was purchased explicitly to pe mit an additional dwelling to provide housing for an elderly fa ~ly member. (In fact, a building permit for the second dw lling was erroneously issued prior to approval of SP-88-103.) Th Board of Supervisors was persuaded by the good faith efforts of the applicant to obtain a second dwelling and was also pe suaded by the nature of the purpose of the second dwelling (i dependent housing for an elderly family member). In its most re ent review of additional development rights (SP-89-57 Robert an Sandra Haney), the applicant indicated to the Board that they mi ht want to make the lot available to their daughter and so ~in-Iaw. However, the Board denied the application because de elopment rights had been exhausted and approval would set an un anted precedent. ff opinion is that approval of the additional lot would have imal effect on the integrity of the four purposes of the Rural as as described by the Comprehensive Plan. This request meets e, but not all, criteria of Section 10.5.2.1 of the Ordinance. rent zoning does provide reasonable use of the land and there ap ear to be no other unique factors or prior Board decisions wh'ch take precedent over the need to satisfy criteria of Section 10 5.2.1. (It should be noted that historically applications ha e not satisfied all criteria of Section 10.5.2.1.) 8 I Re~iew of this application has provided mixed findings. However, bas~d on the property's location away from existing development or growth areas and past Board actions, staff does not recommend ap~roval of SP-92-46 for James E. Clark. Shculd the Board of Supervisors choose to approve this request, staff offers the following conditions: RE(~OMMENDED CONDITIONS OF APPROVAL: 1. Staff approval of subdivision plats; 2. The parcel upon which the public garage is located after subdivision may be used only as a garage in compliance with SP-91-21. No dwelling unit shall be established; 3. The proposed residential lots shall share a joint access to the public road. ATJ~ACHMENTS : A - Location Map B Tax Map C History of Special Use Permits for Additional Lots D - Soil Conservation Service Report E Soils Map 9 ..~, f/'" o \ C- \ 't- .I- izzMi'ToU - AT. 719 m:7~li , I I I I I I I I I r I I I I r I I I I I I I , 715 I I I I !_---------- ESMONT 4 PORTER AREAS J OUA IME 5 MAP SCAl f '1<4 ,. ,,- '~ ~l, ~ ( I ATTACHMENT A I [ ",' "- ~'<. ~a ~~ ITill: BOAZ MOUNT AIN "," .,'1 J~ ) e \) c K \ N - . - SP-92-46 James E. Clark /.)"~ .. ^-..~ , )". . , ;} ", 25A ,r'\:~ \ " <',p4 ~,~,p'$:!J;' 30111 .I \ \ w:[-'---. -.J / + \~, \ ~) ':::, m~ .:. 31 nc .~.... _ 31A .:;i....::..:..~:. ~./ _:;:' ." 'L-.-J /'- ,. f ~ ~ .:~ . / ~\ ,(') ::~ 1\' i J. ,~/' / . ::' I ATTACHMENT B I I ASSESSEO IN / NELSON _..n. _n_j______ '--- --. 127 ( J / --~~- I I /' 13A , ! ~----- L/' ~' SP-92-46 James E. Clark 1 ....- U .... Z w I: J: U ~ ~ ~ ~ ..: - 1Il>- "': ~ ...... ~ ... ...>- 'E"': ... ~~ 0 0- ... 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U oil Q ,'E U CI oil al ~ Q/ >. >. .. e: e: Q/ al ... III 'cIl ... cIl > >- .. III CI "8- ... ~ ,~ .8 Q/ Q/ 01 .. cIl I .. ... III ~ U - .. - .. 01 .. ... CI .- 0 cIl cIl CD Q/ cIl "0 cIl Q/ ... 0 U 01: .... % % % % % UI ... ::II z CII .... lK N ,..", ~ 0 0 ~ 0. N ,., ,..", ,., ,..", ~ 0 0 0 ,., - N ,., ,..", ~ 11\ -0 - 11\ I , , , . . , . , , . I , ~ . co co co N N N 13 ;;g 11\ 11\ ~ ~ ,..", a; ,., co co co co co co . , . , , . . , , , , , . , , a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. CII CII CII CII CII CII CII CII CII CII CII CII CII CII CII CII , , United States ' Department of Agriculture ..II Conservation Service I ATTACHMENT 01 401 McIntire Road Charlottesville, VA 22901 July 9, 1992 r. James E. Clark, Jr. 130 Oakhill Drive harlottesville, VA 22502 Clark: ttached is a soils report as requested on parcel 31F at the ntersection of Rt. 800 and Rt. 602 in southern Albemarle ounty. The soils on this parcel will have very little use or agricult~ral purposes. f you need any additional information .or have any uestions, please give me a call. Sincerely, J. Gordon Yager District Conservationist 1/ c: Bill Fritz The Sod Conservelion Service 13 an agency 01 the Department 0' Agriculture I u " ). u~.' ~, d I llll to' II l. ,~, t F..... I L U I t u t 0 Soi I, Cons'et-.vatio:.n Slice --...- - -- - ------ - ---- -- ------.- -- -- -- ---- - - _. - ------ . I ATTACHMENT 0 II Page 2\ NONTECHN I CAL SCI I l_S DE~SCR I, 1 J. ,._".. FOR DESCRIPTION CATEGORY - AGR Su-vey Area- ALBEMARLE COUNTY, VIRGINIA -- ...-------- ------------------------- --- - --- -- - ------.----------- --- - ----------- r1ap Sf/mbo I Desct- i pt i on -- ~ -.--------- ---------.----------- ---- - -------- ----------------- ------------,-- 13E CATOCTIN VERY STONY SILT LOAM, 25 TO 45 PERCENT SLOPES Catoctin is moderately deep and wel I drained. Pet" mea b i lit Y i S fll') d e t" ate I y t- a p i d, and a v a i I a b I e wa t e t- cap a c i t Y i s 'I e t- y I ,) ',;,I. S U t- f ace t- un,:, f f i s t- a p i d. The hazard of erosion is severe to very severe. This soi I has goo oj t i I t h. The sub .:; 0 i I h a '::, I 0 ',,J '::, h t- ink - s '.-I e I I pot e n t i a I. The t- 0 ,) t z (, n e i s 20 t ,) :::: (> i n c h est h i c k. The o t- :3 ani c mat t e t- con ten tis I 0 ',J t 0 fli 0 d e t- ate, and the n a t u t- a I f e t- t i lit y ism e diu fn . T his s 0 i lis com m ,) n I y s t t- ,) r, g I Y a c i oj t 0 s I i 9 h t I Y a c i d, U 1"1 I e s s I i fn e d. D e p t h t 0 bedt",)ck is :~O t,) 40 inches. 29B FAUQUIER SILT LOAM, 2 TO 7 PERCENT SLOPES Fauquier s 0 i I 5 a t- e d e e p '...' e I I d t- a i n e d s ':' i Is. P e t- mea b i lit Y i s m ,) d e t- ate and a v a i I a b I e w a. t ,? t- cap ;::\, c i t Y ish i 9 h. E t- 0 s i 0 rl hazard ranges from moderate to severe. The subsoi I has moderate shrink-swel I potential Th~ root zone extends to a depth of 30 inches or more. The organic matter content is 10'.-1 to modet"ate, an,j the natut-al fet-ti I ity i s fll e diu. m. T his S (I i I com fn 0 n I vis fn e diu m i:'L C i d 0 t- , . strongly acid throughout, but reaction in the surface I aye t- i s v a t- i a b I e b e c a. use (, f I (, c a I I i fn i n::l. H d. t" d t- (, c k i s at a depth of more than 40 inches. 29C FAUQUIER SILT LOAMr 7 TO 15 PERCENT SLOPES Fauquier 5 0 i I s a t- e d e e p ',J e I I d t- a i n e d s 0 i Is. F' e t- rn e a. b i lit Y i s mod e t- ate d. n d cL v a i I a b Ie'...' ate t- cap a c i t Y ish i 9 h. E t- (, s ion hazard ranges from moderate to severe. The subsoi I has moderate shrink-swel I potential The root zone extends to a depth of 30 inches or more. The organic matter c,)ntent is 1,:,'.-1 t(, m,)det-ate, and the natut-al fet-ti I ity is medium. This soi I commonly is medium acid or strongly acid throughout, but reaction in the surface I a y ': t" i s v a t- jab I e bee a use ,) f I 0 c a I I i m i n g. H a t- d t- ':1 c k i s at a depth of more than 40 inches. 31C FAUQUIER VERY STONY SILT LOAM, 7 TO 15 PERCENT SLOPES F a u qui e t- s 0 i I s a t- e d e e p '...' e I I d t- a i n e d s ':0 i Is. Penn e a b i lit Y ism 0 d e \.- a t I? and a va i I a to I e 1,.,1 ate t- cap a c i t Y is high. Erosion hazard ranges from moderate to severe. The subsoi I has moderate shrink-swel I potential The root zone extends to a depth of 30 inches or more. The organic matter content is low to moderate, and the n at u t- a. I f e t" t i lit Y i s fn e d i urn. T his so) i I c ':' fnm 0 n I y i s medium acid or strongly acid throughout, but reaction in the sUt-face la.yet- is vat-iable because of local E; (I i.1 c.: (I rl s e t- v Ci. 1:: I I) n =j E' t- , , \ C e NONTECHNICAL SOILS DESCRIF. FOR DESCRIPTION CATEGOR~ I ATTACHMENT D I Ipage 31 ---------.------.---- ~------_._-----------_._----_.. r'"\\..ll \ Sur ley Area- ALBEMARLE COUNTY, VIRGINIA T'1ap Syitbol --- -------------------------------------.----------------------------------- Des c t- i P t ion -------------------------------------------------------------------------- 31D ::::::::c: 64B .71B I iming. Hard rock is at a depth of more than 40 inches. FAUQUIER VERY STONY SILT LOAM, 15 TO 25 PERCENT SLOPES F a. u qui e t- s 0 i I s a t- e d e e p .,.) e I I d t- a i n e d s 0 i Is. Penneabi I ity is mod(~t-at,= and avai lable ',Jatet- capacity is high. Erosion hazard ranges from moderate to severe. The subsoi I has modera~e shrink-swel I potential The root zone extends to a depth of 30 inches or more. The o t- 9 ani c mat t '= t- con ten tiS I (",.) tom 0 d e t- a. t e, and the rl at u t- a I f e t- t i lit Y ism e diu rn. T his s (. i I C (I m m 0 n I y i 5 medium acid or strongly acid throughout, but reaction i nth e s u t- f ace I aye t- i s v a t- i a b I e bee a use (I f I 0 c a I I iming. Hard rock is at a. depth of more than 40 inches. FLUVANNA VERY STONY SILT LOAM, 7 TO 15 PERCENT SLOPES F I uvanna so i Is a.t-e de,=p, 'He I I dt-a i ned S') i Is. P e t- rn e a b i lit Y ism 0 d e t- a. tel y s I (, ',.), and a. v a i I a b I e w ate t- capacity is moderate. Erosion hazard varies from moderate to severe. The subsoi I has moderate sht- i nk-swe I I potent i a I. The t-(,ot z(.ne (~:-:tends to a depth of 40 inches. The organic matter content is low to rnodet-a.te, and th(j rlatut-a.1 fet-ti I it'; is medium. This soi I commonly is stronsly acid to very strongly acid t h t- (. ugh (0 u t, but t- (~ a. c t i ':' n i nth e s u t- f a. eel a. y e t- i s v a t- jab I ,;? bee a use ,) f I (I C 3. I I i rn ins. E: e ,j t- 0 c k i s 9 e n e t- a I I Y at a depth of mo~e than 5 feet. ORANGE VERY STONY SILT LOAM, 2 TO 7 PERCENT SLOPES o t- a. n 3 e s ,) i I s a t- e d e e p s ,) rn e '.,J h a. t p 0 (I t- I Y d 1.- a i n.= d t 0 rn (I d e t- ate I y w e I I d t- a i n e d s (I i I s. F' e t- rn e a b i lit Y i s s I (, w , and avai lable watet- capacity is modet-ate. The SLIt-face t-unoff is medium, and the ha":at-d of et-osion is modet-ate. The subso i I has hi 3h sht- i nk--swe I I potent i a I. The root zone extends to a depth of 40 inches or more but is sorne',.)hat Ii rn i ted by the clayey subSI) i I. The o t- 9 a rl i c rn a t t e t- c ,) n ten tis low t (. rn ':' d e t- ate, and the n at Ut- a I f e t- t i lit Y ish i :3 h. T h s i so i I c Q[Mn 0 n I y ism e d i urn acid to rnodet-ately alkal ine, but t-eaction in the sut-face layet- is vat-iable b(~ca.use of local I irnins. A seasonal high water table is at a depth of 1 foot to 3 fee t ,j u t- i n 3 win t I:? t- and s p t- i n 8. B (~ d t- 0 C k i s 8 e n e t- a I I Y at a depth of more than 40 inches. RABUN CLAY LOAM, 2 TO 7 PERCENT SLOPES Rabun soi Is are deep and we II dt-a i ne'J. Pet-meab i I i ty and a.va i I ab I e ....,atet- cap a c i t y a t- e rn I) ,j e t- ate. The sub S 0 i I has I 0 ,,.) s h t- ink - s I,.) ell W I_I I 1,-. I_I I I ';;i 1:.:: I' "1 (;1. I... I I.' I I \.;;J t~' I .,: I L I.;.' I ATTACHMENT D J IRage 41 , . --------------.--- ------------------------------ -------------------------- NONTECHNICAL SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - AGR Su-vey Area- ALBEMARLE COUNTY, VIRGINIA -- ----------------------------------------------------------------------- ap S'mbol Desct- i pt i (on ----------------------------------------------------------------------- p (0 ten t i a I. The t- ,) ':' t z ':' nee ~.: ten d s to a de p t h (0 f 40 inches or m(ore. The (organic matter c(ontent is moderate, and the n a t u t- a I f e t- t i lit Y ism e diu rn. T his s 0 i I corn rn 0 n I y i s s I i g h t I Y a c i oj t 0 s t t- (, r. ~J I Y a c i oj t h t- (0 U :3 h (0 u t, but t- e act i (0 n i nth e s u t- f ace I aye t- i s v a t- i a b I e bee a use 0 f I (0 C a I I i rn i n 8. B (? oj t- ,) c k i <; 3 e n e to a I I 'f a. t a. d (~ P t h (0 f rn (0 t- e than 1':.0 inches. U.S. epartment or Agriculture Soi I onservation Service I ATTACHMENT 0 Ilpage 51 ------- ------------------------------------------------------------------------------------------------------------------------- SOIL INTERPRETATION REPORT Surve Area- ALBEMARLE COUNTY, VIRGINIA ------ ------------------------------------------------------------------------------------------------------------------------ Dwellings with Basements Septic Tank AbsHpt i on Fields Shallow El:cavat ions 13E ATOCTIN ------ ------------------------------------------------------------------------------------------------------------------------ 29B AUQUIER 29C AUQUIER 31C AUQUIER 31D AUQUIER 33C LUVANNA 648 IIRANGE 718 'ABUN SEVERE SEVERE SEVERE Depth T,) Rock Depth To R(,ck Depth To Rock Slope Slope Slope MODERATE MODERATE MODERATE Depth To R.)ck T.),) Clayey Shrink-swel I Peres SI(,...ly MODERATE MODERATE MODERATE 51 (Ipe 51 ope S lope Percs Slowly Too Clayey Shr i nk-s~'e II Depth T.) R,)ek MODERATE MODERATE MODERATE Depth To Rock Slope Slope Peres Slowly Too Clayey Shrink-s...el I Slope SEVERE SEVERE SEVERE Slor'e Slope SI o~'e SEVERE ~10DERA TE MODERATE Peres Slowly Too Clayey S lope Slope Shrink-swel I SEVERE SEVtRE SEVEF:E Wetness Wetness Wetness Peres 51,)',,,ly Shr i nk-swe II MODERATE MODERATE SLI GHT Peres Slowly Too Clayey .. U.S. Departrne~t of"A3r1culture. Soi I Co ~ervation Service I ATTACHMENT D IIPage 61 SOIL FEATURES Surve' Area- ALBEMARLE COUNTY, VIRGINIA ----------------------------------------------------------------------------------------------------------------------,------ Map symbol and soi I name :------CernerJted------; :Potential :----Risk .)f corrosion----- ;------Bedrock------:--------pan---------:---Subsidence---: frost :Uncoated : Depth Hardness : Depth Hardness : Initial Total: action : steel Concrete ------ ---------------------------------------------------------------------------------------------------------------------- In In In In 13E CATOCTIN 20- 40 HARD LOW HIGH t~ODERA TE Z'?B FAUQUIER 40- 40 SOFT MODERATE HIGH HIGH 2:9C FAUQUIER 40- 40 SOFT MODERATE HIGH HIGH 31C FAUQUIER 40- 40 SOFT MODERATE HIGH HIGH 31D FAUQUIER 40- 40 SOFT MODERATE HIGH HIGH 3X FLUVANNA 60- 60 HIGH HIGH 64B ORANGE 40- 60 SOFT HIGH MODERATE 7lB RABUN 60- 60 HIGH MODERATE ~ I ATTACHMENT D IIPage 71 U. . fJepartroHlt I)f A3ricutture s( j,1 C('nservatic'n Service WATER FEATURES Survey Ana- ALBEMARLE COUNTY, VIRGINIA Ma ! symbo I and scd I name :Hydrologic:----------Floodin3---------:----High water table----- : . group :Freq Duration Months: Depth Kind Months (Ftl CATOCTIN C NONE 6.0- 6.0 FAUQUIER C NONE 6.0- 6.0 FAUQUIER C NONE 6.0- 6.0 FAUQUIER C NONE 6.0- 6.0 FAUQUIER C NONE 6.0- 6.0 FLUVANNA C Nm~E 6.0- 6.0 ORANGE 0 t~ONE 1.0- 3.0 APPAR DEe-MAY RABUN B NONE 6.0- 6.0 . [ATTACHMENT EJ ;.'~1~ ~ III III ~ l"') l"') l"') l"') l"') ..::: (J I:: .... '"-i " ..:.,,:-' ...... ,...;. :-~~~:it~.', "~k- .. ....:ot~o('.. .~~ ""~~~~~. ': .""<.... ~ ::::'.t,7:-x:, '.~ ..... .... ",./ ;,.. P4' . ~~ <:;~j~ ~. .. ~ O];::<.~ (..(). .~}.. .~. ".. :f .;.~;. " ~'\.lf<.~, " > ;~, .",\.. ., ~ , ' ... .. .. ...---- __r_ 1 I I I I i ;1 .' /~ " , ItTE ,/-it( 9lj"~f /,:7\,' L/ ~!.~ ~tENDA ITEM ~O. Q0' ()3)!. 5/9 I, fENDA ITEM NAME ,r~ (j c cLJ I _ .! (r {i),~ (1 /7 IYu~:(-[ J /1 I / J '(.II /(r'/;.~) //1.... / - : (" c -r'" v-I'~ ,;" I ~ UNTIL 0.f-J--) ll, 'Yi/7l{{'J (.j/ // : ! \ ' I I I I I (if) 'rel t ,--".j , U . :. ;\~ (-;(~/' Y.1 /) ) ( I-,.''l' L.J r:. ' I .. .~ . ~ .. "~/..") "i,}' . Form.3 7/25/86 Edward H Bin, Jr Samuel Mil er David P. 80 erman Charlottesv lie " COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Charlotte Y. umphris Jack Jouet August 14, 1992 M . Frederick W. Payne P yne & Hodus 4 2 East Jefferson Street C arlottesville, VA 22902 ar Mr. Payne: Forrest R. Marshall. Jr Scousvil1e Charles S Martin Rivanna Walter F. Perkins White Hall At its meeting on August 12, 1992, the Board of Supervisors t a public hearing for September 16, on the abandonment of two gments of Brown's Gap Road. Due to legal advertising require- nts, the public hearing on this request cannot be held on ptember 16. As soon as we receive the necessary description om the County Engineer, a date for the public hearing will be t and you will be notified accordingly. Sincerely, ~ Lett1e E. Neher, Clerk, CMC L :ec c Robert W. Tucker, Jr. ~ i. '-........ COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (80# 972-4060 Forrest R. Marshall. Jr. SColl5ville Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Han ~, August 31, 1992 M . Gerald E. Fisher S ate Secondary Roads Engineer V'rginia Department of Transportation 1 01 East Broad Street R'chmond, VA 23219 R: County Primary and Secondary Road Fund (Revenue Sharing) Code of Virginia, Section 33.1-75.1(D) Fiscal Year 1991-92 County of Albemarle ~er: The County of Albemarle, Virginia, indicates by this letter official request for an additional allocation from the Reve- e Sharing Program for FY 1991-92. The County will provide 00,000 for this program, to be matched on a dollar-for-dollar sis from funds of the State of Virginia. The County worked with its Resident Engineer and recommended t at the Fifth Street Extended project (set out on the attached p iority list) be undertaken with these additional funds. The C unty also understands that the program will be reduced on a pro r ta basis if requests exceed available funds. Sincerely, ~4- Robert W. Tucker, Jr. County Executive lec tachment c D. S. Roosevelt, Resident Engineer ...,\ ...,\ ..:, ..,. 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E ~ ~ - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ... :~.~- .,. ,., "-" ~:.:~ -" ~ -- .. 1:1 ~ .0 ~_ ~.::~ =::::~ .E: ;:: ..... ~- _ '0 .n r.:lI ''" ..:.~ .;: - ... ... ... ~::~ A1 ..... v -... roo r.t .. ~:... .go ~~ 00 ~ o N z ~ <fr ~ N N I N o 0-lC IN ""0 C"') If) \,...., r 1 I, ,:.". ,;'._ J J ~ County of Albemarle EXECUTIVE SUMMARY Sharing: AGENDA DATE: August 12, 1992 AGENDA ITLE: VDoT evenue Allocat' on Additional ACTION:---1L- INFORMATION: SUBJECT PROPOSAL RE UEST: VDoT h s made an additional $100,000 availab e to Albem.arle County in highway revenue sharing funds. STAFF C Messrs. BACKGRO VDoT ha up to $ funds. sharing DISCUSS If appr Fifth S that wo 1997. additio 92.111 CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: (2) REVIEWED BY: ~~ Brandenburger, Cilimberg an additional $1.03 million in unused FY 91-92 revenue sharing funds and is making 00,000 available to Albemarle County. This requires a $100,000 match from County The County has already budgeted $500,000 in the CIP for FY 92-93 for VDoT revenue match. ON: ved, the additional $200,000 ($100,000 County, $100,000 VDoT) is recommended for the reet Extended project. This would then make other funds available for other projects ld be impacted by shifting of the MeadowCreek Parkway from FY 1999-2000 to FY 1996- Projects impacted by MeadowCreek are outlined in the attached memorandum. The al $100,000 can be provided from the ClP and General Fund balances. ATION: an additional $100,000 in County funds to be matched with VDoT's highway revenue program for the Fifth Street Extended project. COUNTY OF J\LBErv1ARLE. '7 ,..', "~",".." ~. '\:~',~-"".-.:.A_._.,~~:...~,".~ '. '~ ~)( Jill 29 1992 "J' r~~\ I ~ ~. ft..,,,.: '-:',~'~' i\ . li Ili t".':tf" :-,' .\', ',' ,1~ EXECUTIve OfFlCfi COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902.4596 (804) 296-5823 EMORANDUM Bob Brandenburger, Assistant County Executive of Planning & communitY{/cJJ~ V. Wayne Cilimberg, Director Development July 28, 1992 Revenue Sharing, Additional Allocation taff recommends that the Board of Supervisors pursue the dditional $100,000 allocation available from the Revenue Sharing rogram (see attached). This program provides an additional 'nfusion of funds to the secondary road construction program. he infusion of money is most beneficial to the advancement of he overall construction program rather than allowing particular rojects to be constructed this year that otherwise would not be onstructed without these funds. This would be particularly 'mportant in the upcoming years as it appears that the onstruction of the Meadow Creek Parkway will be moved up from Y1999-2000 to FY1996-97. This change could mean that some rojects originally anticipated to be constructed before Meadow reek Parkway would be delayed in order to pay for the Parkway's onstruction. Any additional funds that can be obtained should inimize these delays. There are eight (8) projects currently roposed for construction prior to the parkway which might be elayed. We are awaiting word from VDOT as to the actual funding 'mplications of the shift of Meadow Creek Parkway. The eight (8) rojects are: 708, intersection of Rt. 631, near Walnut Creek Park (5-93) 678, new alignment at Rt. 250 in Ivy (5-93) 691, Tabor Street, Crozet (2-94) 743, Hydraulic Road from school complex to Rio Road (6-94) 631, Rio Road West, Rt. 29 to Rt. 743 (7-95) ob Brandenburger age 2 uly 28, 1992 866, Greenbrier Drive Extended (Whitewood to Rio) (7-96) 656, Georgetown Road from Rt. 743 to Rt. 654 (10-97) 601, Old Ivy Road (Rt. 250 to Bypass) (10-97) e have identified $59,800 in excess funds which we believe are vailable in two cost centers1 which could be used to match the evenue sharing funds. VDOT, in preliminary discussions, ecommends the additional funds be used on the Fifth street xtended project which, in turn, frees money for other priority ist projects. have asked Ella to reserve time on the Board's August 5 agenda or this item in order to get Board direction in time to meet the eptember 1, 1992 VDOT deadline. C/jcw TTACHMENTS 11900041000950073 Sidewalk, Fifth Street $78,000 (VDOT est. $48,000), $30,000 excess. 1900041020950081 Revenue Sharing FY91-92 $29,800 excess. '. - 3t: -. ':.f.:~ cocn.n Of ALIDIARLi COMMONWEALTH of VIRGINIA bI.C1JlM .... RAY D. PE TEL COMMISSI NER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND,23219 JUly 15, 1992 GERALD E. FISHER STATE SECONDARY ROADS ENGINEER Opportunity for Additional Allocation County Primary and Secondary Fund (Revenue Sharing Program) FY 91-92 . Robert W. Tucker, Jr. unty Administrator, Albemarle County 1 McIntire Road arlottesville, Virginia 22901 f2.ob ar ~~r: Albemarle County has the opportunity to request an additional location from the FY 1991-92 County Primary and Secondary Fund evenue Sharing Program), pursuant to section 33.1-75.1(D) of the de of Vir inia. Seventeen counties are eligible to apply for the used allocations, which total $1.03 million. If Albemarle County wishes to apply, please respond in writing me by September 1, 1992, indicating the amount of funds quested up to maximum of $100,000, and a priority listing of the ojects proposed. This listing should be completed on the tached form, and prepared in conjunction with your VDOT Resident gineer. If the total funding requested exceeds the amount available, I requests will be prorated accordingly. Also, the county must prepared to match the supplemental allocation from its general nd prior to advertisement of the work to be performed, but no ter than June 30, 1993. If you have any questions, please feel free to contact the condary Roads Division at (804) 786-2746. 3relY, Ger~. Fisher M K State Secondary Roads Engineer a tachment p Mr. Claude D. Garver, Jr. Mr. T. F. Farley, District Administrator Mr. D. S. Roosevelt, Resident Engineer TRANSPORTATION FOR THE 21ST CENTURY ROUTE 29 CORRIDOR STUDY FORUM WEDNESDAY, AUGUST 26, 1992 GRAVES' MOUNTAIN LODGE You are cordially invited to attend a forum. des,.tg~ed t,o ocus on the U.S. Route 29 Corridor and its crossroads. Enclosed s an agenda for the forum and a statement of the purpose and oals of the meeting. The cost for the program is $10.00. This includes efreshments during the break and your lunch. The cost for the reparation of the materials for the meeting and for the facility re being underwritten by private businesses and several ndividuals participating in the forum. The sponsors of the forum are the state legislators who epresent the area being studied. This is viewed as a bi- artisan effort to develop regional cooperation and to ensure hat long-range planning can evolve. This requires communication etween the Virginia Department of Transportation, state fficials, local government, and private citizens. Your State Senators and members of the House of Delegates ope that you will be able to join us for the forum at Graves' odge in Madison County. Please let Raven Yates at (703) 829-0067 know if you will be ble to attend the forum. Take Route 29 South for 9 miles Turn right onto Route 609 Stay on Route 609 for 12 miles Turn right at the "stop" sign onto Route 231 North Drive 1/2 mile Turn Left onto Route 670 Drive 4 miles and Graves' Mountain Lodge will be on the left rom Madison From Route 29 take Route 29 Business through Madison Pick up Route 231 North on the left Stay on 231 North for 8 to 9 miles Turn Left onto Route 670 Drive 4 miles and Graves' Mountain Lodge will be on the left raves' Mountain Lodge, Syria, Virginia (703) 923-4231 NOT PAID FOR BY TAXPAYER DOLLARS AGENDA FOR 29 CORRIDOR STUDY FORUM 8:30 a.m. - Coffee and Registration I. 9:00 a.m. - Welcome and Opening Remarks by State Legislators II. 9:15 a.m. - Introduction of participants and Presentation - Butch Davies V. 9:30 a.m. - Presentation by Dick Keller and Chris Mothersead 10:30 a.m. - Break I. 10:45 a.m. - Small Group Discussion to Focus on Target Areas (Small groups to include at least one legislator and one VDOT representative. Each discussion group to be chaired by a local government representative.). The discussion groups are to target the following areas: 1. Present problem areas of 29 Corridor and crossroads within the corridor 2. Rail access with a focus on economic development and commuter rail 3. Cooperation between local governments and state in developing a corridor study and the role of planning districts, local governments and state in longterm cooperation 4. Creation of a regional task force to develop the plans II. 11:30 a.m. - Report from Small Groups with an Effort to Summarize the Key Points Made in Each Group III. 12:30 p.m. - Lunch Meeting with Keynote Address by John Milliken to Reinforce the Need for Regional Cooperation and Innovative Approaches to Solve Regional Transportation Issues X. 2:00 p.m. - Adjourn NOT PAID FOR BY TAXPAYER DOLLARS PURPOSE AND GOALS OF 29 CORRIDOR STUDY FORUM The purpose of the 29 Corridor Study Forum is to gather 'ndividuals who represent state and local government together and o ensure that input is provided from planning districts and usiness representatives. The Virginia Department of ransportation needs to be included to ensure that the format hich is developed is compatible with their efforts. It is an ffort to develop a long-range plan for the 29 Corridor, which 'ncludes the input of all in the region and focuses on the 29 orridor and the crossroads as a regional transportation network equiring the cooperation of all involved including local overnments, state government, Virginia Department of ransportation and regional businesses. The primary goal is the ultimate creation of a ransportation task force made up of individuals interested in ursuing the purpose and ensuring that regional cooperation is an Itimate goal. The task force would try to coordinate efforts of tate and local governments. It would also try to involve hambers of Commerce and major industries in the region. The focus of the forum is to look for innovative ways to eal with regional planning in the 29 Corridor, the crossroads hich provide east-west access to the region and to the 29 orridor, rail access that promotes economic development and ncourages commuter rail, and to ensure that there is a dialogue hich occurs between county and state government to encourage ooperation in planning in the region. The study area would be bounded by Interstate 66 on the orth and Interstate 64 on the south. It would be bounded on the ast by Interstate 95 and by the Blue Ridge Mountains on the est. The focus presentation by Dick Keller and Chris Mothersead s to serve as an initial presentation to show what can be ccomplished through regional planning and cooperation. Those invited to participate include representatives of he Virginia Department of Transportation, all legislators, all ocal government representatives, all town managers and county dministrators, representatives of Planning Districts 9 and 10, residents and executive directors of the Chambers of Commerce, nd representatives of the regional tourism groups. It is estimated that approximately 50 to 60 people will ttend the forum. There will be four small discussion groups. A acilitator will be assigned to each of the small discussion roups, and an effort will be made to ensure that a local overnment representative committed to a regional focus is the acilitator. NOT PAID FOR BY TAXPAYER DOLLARS / '-. David p, Bower an Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 August 21, 1992 Forrest R, Marshall, Jr, Scottsville Edward H, Bain Jr. Samuel Miller Charles S, Martin Rivanna Charlotte Y. Hu phris Jack Jouett Walter F, Perkins While Hall Mr George C. Landrith, III 13 9 Gristmill Drive Ch rlottesville, VA 22901 De r Mr. Landrith: At the Board of Supervisors meeting held on August 12, 1992, yo were recommended for appointment to the Albemarle County School Bo rd by Mr. Marshall to represent the Scottsville District. This te m will expire on December 31, 1995. In accepting this position, you will be representing the ci izens of Albemarle County and will be responsible for providing th se citizens good services at a reasonable cost. The Board will ex ect you to ask questions, evaluate operating procedures and pa ticipate fully in preparation of the budget for the School Bo rd. You and the other Board members are responsible for effic- ie t use of all funds entrusted to your care and may be called upon to account for the expenditure of Federal, state and local funds un er your control. The Board of Supervisors expresses its appreciation for your wi lingness to take on these responsibilities and will be expecting pe iodic reports on the progress of the School Board. If you have any questions about this appointment, please call me Sincerely, -n~ L/A __/~ David . Bowerman Chairman DP :ec cc Dr. Robert W. Paskel / ...' Edward H. Sa; Jr Samuel Mille David P. Bowe man Charlottesvill Charlotte Y H mphns Jack Jouett .... COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX" (804) 972-4060 Forrest R Marshall, Jr Scotfsville Charles S Martm Rivanna Walter F PerkIns Whlte Hall November 6, 1992 M . George C. Landrith, III 1 69 Gristmill Drive C arlottesville, VA 22901 D ar Mr. Landrith: Attached is a letter addressed to you confirming your a pointment to the School Board. Unfortunately the letter was m'splaced and only discovered yesterday. Mr. Bowerman asked that I e tend his apologies to you for this oversight. Again, the Board a preciates your willingness and dedication to serve the County in t is capacity. CMC L N:ec