HomeMy WebLinkAbout1992-10-14
FINAL
'1:00 P.M.
~ber 14, 1992
Room '1, County Office Building
1) Call to Order.
2) Pledge of Allegiance.
3) Moment of Silence.
4) Other Matters Not Listed on th,e Agenda from the PUBLIC.
5) Consent Agenda (on next sheet).
6) PubHc Hearing on a request from. Scottsville Town Council for a boundary
line adjustment.
7) PubHc Hearing on a request to abandon all those public rights on two
segments of Brown's Gap Road (Route 629).
8) PubHc Hearing to delete the "no rental" condition on mobile home permits.
9) SP-92-47. Margaret B. Martin. Public Hearing on a request to allow an
existing single-wide mobile home to remain on 2.0 acs zoned, RA.
Property on N side of Old Free Union Road (Rt 653) approx 0.2 mi E
of inters of Free Union Road (Rt 601). TM29,P45A. White Hall
Dist. (This property is not located in a designated growth area.)
10) SP-92-51. Allen & Edna Dunbar. PubHc Hearing on a request for an
additional development right on 6.151 ac zoned RA. Property on
private road 0.4 mi W of Old Lynchburg Road (Rt 631) & approx 1.1
mi S of intersection with Dudley Mountain Road (Rt 706). TM89,P52.
Samuel Miller District. (This property is not located in a designated
growth area.)
11) Public He&.rblg on an Ordinance to amend Article IX, Section 2-52 of the
County Code to increase the number of bond issuances from thirteen
to fourteen for the Industrial Development Authority.
12) Approve UVA Health Services Foundation Bond Issue Resolution.
13) Discussion: Millington Bridge (Route 671), draft letter to Ray Pethtel.
14) Discussion: Appointment to Shenandoah National Park Advisory Committee
(deferred from October 7).
15) Appropriation: FY 1991-92 School Fund Carry-Over Balance.
16) Appoint Representative to Vote at VACo Annual Business Meeting.
17) Discussion: Amendments to VACo By-Laws.
18) Cancel October 21, 1992, Board meeting.
19) Other Matters Not Listed on the Agenda from the BOARD.
20) Adjourn to October 15, 1992, Auditorium, 7:00 p.m.
CONSENT AGENDA
FOR APPROVAL:
5.1 Appointment Policy for Boards and Commissions (deferred from October 7).
5.1a Statements of Expenses for the Sheriff, Commonwealth's Attorney, Regional
Jail and Clerk, Circuit Court, for the Month of September, 1992.
FOR INFORMATION
5.2 Letter dated October 5, 1992, from Ray D. Pethtel, Commissioner, Depart-
ment of Transportation, re: addition of Marshall Court (Route 1800) in
Marshall Manor into the State Secondary System of Highways.
5.3 Copy of minutes of the Board of Directors of the Albemarle County Service
Authority for June 18, July 2, July 16 and August 13, 1992.
5.4 Report of services and expenditures for the first three quar1;ers of
JAUNT's fiscal year.
.,. ~..,
. 'l'
Edward H. Ba1n. Jr.
Samuel Mill"
I
David P. Bow~rman
Charlottes viII
Charlotte Y. umphris
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Forrest R. Marshall. Jr.
Scottsville
Charles S. Martin
Rivanna
Walter F. Perkins
White Hall
MEMORANDUM
TO: Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg. Director/Planning & Community Development
FROM: Lettie E. Neher, Clerk, CMC ~~
DATE: October 15. 1992
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SUrJECT: Board Actions of October 14. 1992 (Night Meeting)
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I Following is a list of actions taken by the Board at its meeting on
OCfober 14. 1992 (night meeting):
i Agenda Item No.1. The meeting was called to order at 7:00 p.m.
,
i Agenda Item No.4. Other Matters Not Listed on the Agenda from the
~LIC.
I
1 Mr. Charles Wilson was present and expressed concerns about the Capital
Imfrovements Program (CIP).
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, Mr. Jim Dillenbeck. Albemarle High School track coach. requested that the
Bo~rd consider moving to a higher priority resurfacing of the Albemarle High
Scrool track in the CIP.
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: Ms. Belinda Mills. parent of a student on the track team, urged the Board
tolmove resurfacing of the Albemarle High School track project in the CIP to a
hifher priority.
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i Agenda Item No. 5.1. Appointment Policy for Boards and Commissions
(dfferred from October 7).
!
ADOPTED the attached policy.
, Agenda Item No.6. Public Hearing on a request from Scottsville Town
COfncil for a boundary line adjustment.
*
Printed on recycled paper
To:
Robert W. Tucker, Jr.
V. Wayne Cilimberg
October 15, 1992
2
Date:
Pa~e:
. APPROVED the concept of a boundary line adjustment, received from
sc~' ttsville Town Coucil, as set out in Option #5 (copy attached). Staff to
brOng back at a later date a description of the boundary lines and an
ag eement whereby the Town would contract with the County to provide certain
se vices within the Town's boundaries.
The Board also asked staff to consider administration of the Scottsville
hopsing project in the agreement.
Agenda Item No.7. Public Hearing on a request to abandon all those
pu~lic rights on two segments of Brown's Gap Road (Route 629).
DENIED, by vote of 5/0. Mr. Bain abstained.
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I
l Agenda
molbile home
I
Item No.8.
permits.
Public Hearing to delete the "no rental" condition on
I ADOPTED the attached resolution to delete the "no rental" condition on
mo~ile home permits.
Agenda Item No.9. SP-92-47. Margaret B. Martin. Public Hearing on a
re~uest to allow an existing single-wide mobile home to remain on 2.0 acs
zored RA. Property on N side of Old Free Union Road (Rt 653) approx 0.2 mi E
ofl inters of Free Union Road (Rt 601). TM29, P45A. White Hall Dist. (This
prpperty is not located in a designated growth area.)
APPROVED SP-92-47 subject to the following condition:
1. Compliance with VA-92-26:
a. Health Department approval for adequacy of the existing septic
field.
I Agenda Item No. 10. SP-92-51. Allen & Edna Dunbar. Public Hearing on a
re~uest for an additional development right on 6.151 ac zoned RA. Proper ty on
prOvate road 0.4 mi W of Old Lynchburg Road (Rt 631) & approx 1.1 mi S of
in ersection with Dudley Mountain Road (Rt 706). TM89,P52. Samuel Miller
Di~trict. (This property is not located in a designated growth area.)
APPROVED SP-92-51 subject to the following condition:
1. Staff approval of subdivision plats.
To:
Robert W. Tucker, Jr.
V. Wayne Cilimberg
October 15, 1992
3
D~te:
P4ge:
Agenda Item No. 11. Public Hearing on an Ordinance to amend Article IX,
S~ction 2-52 of the County Code to increase the number of bond issuances from
tHirteen to fourteen for the Industrial Development Authority.
ADOPTED the attached ordinance to amend Article IX, Section 2-52 of the
C~unty Code to increase the number of bond issuances from thirteen to fourteen
fdr the Industrial Development Authority.
Agenda Item No. 12. Approve UVA Health Services Foundation Bond Issue
Relsolution.
I
ADOPTED the attached resolution. Originial returned to applicant's
attorney.
AUTHORIZED the County Attorney to draft an agreement providing that
He~lth Services Foundation will pay the County $0.70/$100 value on its' new
of~ice building to be constructed on Fontaine Avenue.
Agenda Item No. 13. Discussion: Millington Bridge (Route 671), draft
le~ter to Ray Pethtel.
DKFERRKD to November 4, 1992.
Agenda Item No. 14. Discussion: Appointment to Shenandoah National Park
Advisory Committee (deferred from October 7).
APPOINTED Mr. Marshall, Mr. Perkins and Mr. Cilimberg to the Shenandoah
National Park Advisory Committee.
Agenda Item No. 15. Appropriation: FY 1991-92 School Fund Carry-Over
Ba~ance.
DKFERRKD to November 4, 1992.
! Agenda Item No. 16. Appoint Representative to Vote at VACo Annual
BUfiness Meeting.
DKFERRKD to November 4, 1992.
To:
Robert W. Tucker, Jr.
V. Wayne Cilimberg
October 15, 1992
4
Da.te:
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P'tge:
Agenda Item No. 17. Discussion: Amendments to VACo By-Laws.
DEFERRED to November 4, 1992.
Agenda Item No. 18. Cancel October 21, 1992, Board meeting.
Cancelled the Board meeting of October 21, 1992.
i Agenda Item No. 19. Other Matters Not Listed on the Agenda from the
~ARD.
Mr.
,
m~o re:
m~eting.
Bain requested a staff report on the implications of the attached
County permitting procedures from him at the November 4, 1992 Board
. Mrs. Humphris informed the Board of a canoe trip on Ivy Creek planned for
S~nday, October 18, 1992. The participants are to meet at 1:00 p.m. at the
t~eatment plant at the end of SPCA Road.
L~/jnh
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A~tachments
c1:
Robert B. Brandenburger
Richard E. Huff, II
Roxanne White
Bruce Woodzell
Amelia G. McCulley
George R. St. John
File
ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
A CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and
mmissions will be purged of all bodies not required by Federal,
ate, County or other regulations, which have not met at least
during the prior twelve-month period.
2. Whenever possible and appropriate, the functions and
tivities of boards and commissions will be combined rather than
couraging the creation of new bodies.
3. All newly created county-wide boards and commissions
ich will have the power to impact the health, safety and
lfare of all the residents of the County, will be comprised of
presentatives from each of the magisterial districts. These
presentatives will be appointed by the members of the Board of
pervisors following the same appointment procedure in Section B
r other magisterial appointments.
4. All newly created boards and commissions which include
mbers selected on an at-large basis will orient the terms of
pointment of these representatives around an April 1/November 1
pointment advertising schedule, with all appointments being
de, if possible, within ninety days of the aforementioned
tes.
5. Any newly created task force or ad hoc committee which
intended to serve for a limited time period, may be comprised
magisterial or at-large members at the discretion of the Board
Supervisors. The appointment process shall follow that
opted in Section B for other magisterial and/or at-large
sitions.
Any newly created board or commission which is
of members selected at-large and, for reasons of
ergency or expediency, cannot comply with the April l/November
appointment advertising schedule, will be considered a special
mmittee or task force. Members of this body will be selected
the Board of Supervisors according to the appointment
ocedure in Section B for other at-large appointments.
I tl '?- p.;/-'
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County of Albemarle
EXECUTIVE SUMMARY
AGENDA
Policy
and Commissions
AGENDA DATE:
October 14, 1992
ITEM NUMBER:
v~,lo/~{~-, / )
ACTION:
INFORMATION:
the Boards and
Policy from the
CONSENT AGENDA:
ACTION: X
INFORMATION:
REVIEWED BY:
Yes (2)
P;7
ATTACHMENTS:
White
BACKGRO
At the
reflect
qualifi
intervi
ctober 7 meeting, the Board requested rev~s~ng the Boards and Commissions Policy to
the intent of the Board to interview only selected candidates from the pool of
d applicants, rather than the implication that all qualified applicants would be
wed.
The new revisions on pages 2 and 3 reflect those comments.
designa ed by arrows.
The revised sections are
the approval of the Policy for Boards and Commissions as revised.
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ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
september, 1992
A. CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and
mmissions will be purged of all bodies not required by Federal,
ate, County or other regulations, which have not met at least
ce during the prior twelve-month period.
2. Whenever possible and appropriate, the functions and
tivities of boards and commissions will be combined rather than
couraging the creation of new bodies.
3. All newly created county-wide boards and commissions
ich will have the power to impact the health, safety and welfare
all the residents of the County, will be comprised of
presentatives from each of the magisterial districts. These
presentatives will be appointed by the members of the Board of
pervisors w~~heH~-ae~e~~~8eme~~-~-~~~kons following the
me appointment procedure in section B for other magisterial
pointments.
4. All newly created boards and commissions which include
mbers selected on an at-large basis will orient the terms of
pointment of these representatives around an April i5 1/
vember i5 1 appointment advertising schedule, with all
pointments being made, if possible, within ninety days of the
orementioned dates.
5. Any newly created task force or ad hoc committee which is
tended to serve for a limited time period, may be comprised of
gisterial or at-large members at the discretion of the Board of
pervisors. The appointment process shall follow that adopted in
ction B for other magisterial and/or at-large positions.
6. Any newly created board or commission which is comprised
members selected at-large and, for reasons of emergency or
pediency, cannot comply with the April i5 l/November i5 1
pointment advertising schedule, will be considered a special
mmi ttee or task force. lfIhe-"il\Members of this body will be
lected by the Board of Supervisors w~~heH~--adver~~~eme"~
cording to the appointment procedure in section B for other
-large appointments.
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B APPOINTMENTS TO BOARDS AND COMMISSIONS
1. All appointments to boards and commissions based upon
gisterial district boundaries will be made by the members of the
Bard of Supervisors. w~~fte~~-a~~e~~~8emeft~~~~~~~ All
-+ m gisterial posi tions will be advertised. At the discretion of the
s pervisor of that district, selected applicants may be interviewed
f r the position.
2. All appointments to boards and commissions !Ie3:ee~ea~-Ml
-3:a~~e-~&~~!1 will be advertised en masse twice yearly on April ~5
and November ~5 1, depending upon the appointment's date of
piration.
3. On April ~5 1, on November ~5 1, and fifteen days after
e aforementioned dates, a notice will be published in the local
wspapers which will outline the boards and commissions having
pointment positions available,. Interested citizens will be
ovided upon request with afta-~~ev~ae a brief description of the
ties and functions of each board, length of term of the
a pointment, frequency of meetings, and qualifications necessary to
f'll the position. An explanation of the appointment process for
b th magisterial and at-large appointments will also be sent to all
a plicants.
4. All interested parties will have thirty days from the
te of the first notice to fill out and return to the Clerk of the
ard of Supervisors a detailed application with the understanding
at such an application may be released to the public if so
quested.
7. The members of the Board of Supervisors will begin the
terview process with applicants for appointments with the
rliest effective dates.
5. Once the deadline for taking applications is past, the
erk will distribute the applications received to the members of
e Board of Supervisors for their review. For magisterial
pointments, the Clerk will forward the applications to the
pervisor of that district. After a two-week deliberation period,
e Board, or the supervisor in the case of magisterial
a plications, will notify the Clerk to set up interviews with
-+ a3:~r~ea selected applicants.
6 . aft3:y-q'tt&l:~:fied~:rieMt-~T-ftft--de'b~-by--tfte-Be8i!el-er
~e~v~!Ie~!I,--w~~~--~-~~~~-~-~~--&~--eemm~!I!1~eft
~e~ft~meft~!I~ From the pool of qualified candidates, the Board of
pervisors may select applicants to interview for the vacant
sitions. For magisterial appointments, the decision to interview
-+ ~ a3:~r~ea selected candidates will be determined by the supervisor
o that district.
2
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~ 8 e~a~~r~ea Selected applicants will be interviewed within
f rty-five days of the close of the application period and all
a pointments will be made no later than sixty days after the
a plication deadline.
9. For purposes of economy as well as to insure the
nsistent operation of the boards and commissions, if a vacancy
curs in the middle of a one-year appointment or if less than one
ar remains in the term after the next scheduled appointment
vertising date (April ~5 l/November ~5 1), then the Board of
S pervisors will select the replacement to the board or commission
w'thout further advertisement.
10. If a vacancy occurs in a two-, three-, four- or five-year
pointment and more than one year remains in the term of
pointment after the next scheduled advertisement period, then the
cated position will be advertised and filled during the next
vertising period.
11. All incumbents will be allowed to serve two consecutive
rms on a board or commission without his/her position being
advertised unless, based on attendance and performance, the
airman of the body requests the Board of supervisors to do
herwise.
12. If a member of a board or commission does not participate
at least fifty percent of the board or commission meetings,
en, the chairman of the body may request the Board of supervisors
terminate the appointment and refill it during the next
s heduled advertising period.
Where possible, terms of appointments on boards and com-
will be advertised based on the following time schedule:
April ~5 1:
Advisory Council on Aging
BOCA Code Board of Appeals*
Community Action Agency
Community College Board
Fire Prevention Code Board of Appeals*
Health Systems Agency
Jail Board
JAUNT Board
Jordan Development Corporation
Land Use Classification Appeals Board
Regional Library Board
Rivanna Solid Waste Authority
Rivanna Solid Waste citizens' Advisory Committee
School Board
Rivanna Water and Sewer Authority
Soil Erosion Advisory Board
Thomas Jefferson Housing Improvements Corporation
3
.
* n December 12, 1984, the Board of supervisors voted to allow the
mbership of the BOCA Code Board of Appeals and the Fire
event ion Code Board of Appeals to be identical, while the boards
emselves shall remain separate entities.
A~-~ar~e-Memhers-e"%V~
Sehee%-Beara
November ~5 1:
Airport Commission
Architectural Review Board
Children & Youth Commission (CACY)
Community Services Board
Emergency Medical Services Council
JABN~-Beara
Industrial Development Authority
Jefferson Area Board on Aging
Planning commission
P%a""~"~-B~s~r~e~-eemm~ss~e"
Public Recreational Facilities Authority
A~-~ar~e-Memhers-e"%v~
%"a~s~r~a%-Beve%e~me"~-A~~fter~~y
P%a""~"~-eemm~~s~e"
C. ADOPTION
This policy shall be reviewed and readopted by the Board of
S pervisors in January of ~"-~ off-election years, at the
b ginning of the term for new members.
R /bat
bcomm
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County of Albemarle
EXECUTIVE SUMMARY
C:-, .
("
/ (' ) - '~_..:L-
AGENDA T
Appoint
Policy for Board/Commission
AGENDA DATE:
October 7, 19~2
ITEM HUMBER:
; i,:../ ;-~/....: (, :
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CO
Mr. Tuc
ATTACHMENTS: Yes (4)
REVIEWED BY' ffiT
is the revised policy for Board and Commission appointments, based
September 9 meeting.
DISCUSSI N:
The maj r revisions to the 1984 policy reflect your decision to make the process for
magisterial appointments more in line with the current process for appointing at-large
candidat s. Both will now require that all vacancies be advertised. It will remain at the
discreti n of the individual supervisor whether to interview for a magisterial appointment,
just as 't will remain the full Board's decision whether interviews are needed for specific
at-large vacancies.
Section A.5
appointm
task or
welfare"
should b
was added to the policy to allow the Board flexibility in determining
to a committee that will exist for a short time period to perform a specific
unction. Even if this committee "has the power to impact the health, safety, and
of the community, it will be left to the Board's discretion whether the members
magisterial or at-large appointments.
The revi ion to Section B.3 provides that the description of the duties and functions of the
Board, 1 ngth of term, qualifications, etc., be sent out to those who request information,
not prin ed out in a newspaper advertisement. Not only would such a lengthy display ad be
prohibit'vely expensive, but more complete and useful information can be provided to the
citizen 'n a written format. Staff has already begun the process of developing information
sheets 0 each Board and Commission to be sent out with the application form.
ached for your review is a Flow-Chart showing the revised appointment process and
letter that will accompany each application to explain the appointment process.
the approval of the revised appointment policy for Boards and Commissions.
to call me should you have any questions on the policy prior to the Board
/bt
92.137
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ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
September, 1992
A CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and
ccmmissions will be purged of all bodies not required by Federal,
S1ate, County or other regulations, which have not met at least
orce during the prior twelve-month period.
2. Whenever possible and appropriate, the functions and
activities of boards and commissions will be combined rather than
ercouraging the creation of new bodies.
3. All newly created county-wide boards and commissions
wlich will have the power to impact the health, safety and welfare
o all the residents of the County, will be comprised of
rE presentati ves from each of the magisterial districts. These
rEpresentatives will be appointed by the members of the Board of
Slpervisors w~~fte~~-6a~e~~~5eme"~-~-k~~~~ following the
sc me appointment procedure in section B for other magisterial
al~pointments .
4. All newly created boards and commissions which include
mE mbers selected on an at-large basis will orient the terms of
alPointment of these representatives around an April ~5 1/
Ncvember ~5 1 appointment advertising schedule, with all
alpointments being made, if possible, within ninety days of the
a orementioned dates.
5. Any newly created task force or ad hoc committee which is
iltended to serve for a limited time period, may be comprised of
mcgisterial or at-large members at the discretion of the Board of
Stpervisors. The appointment process shall follow that adopted in
SEction B for other magisterial and/or at-large positions.
6. Any newly created board or commission which is comprised
o members selected at-large and, for reasons of emergency or
e} pediency, cannot comply with the April ~5 I/November ~5 1
al pointment advertising schedule, will be considered a special
cc mmi ttee or task force. 'ilfte-"i!\Members of this body will be
sElected by the Board of Supervisors w~~fte~~--aaver~~~emeft~
according to the appointment procedure in section B for other
at-large appointments.
B APPOINTMENTS TO BOARDS AND COMMISSIONS
3. On April ~5 1, on November ~5 1, and fifteen days after
e aforementioned dates, a notice will be published in the local
wspapers which will outline the boards and commissions having
pointment positions available,. Interested citizens will be
ovided upon request with a"d-~revide a brief description of the
ties and functions of each board, length of term of the
a pointment, frequency of meetings, and qualifications necessary to
f'll the position. An explanation of the appointment process for
b th magisterial and at-large appointments will also be sent to all
a plicants.
4. All interested parties will have thirty days from the
te of the first notice to fill out and return to the Clerk of the
ard of Supervisors a detailed application with the understanding
at such an application may be released to the public if so
quested.
1. All appointments to boards and commissions based upon
gisterial district boundaries will be made by the members of the
ard of supervisors. wi~ftee~-adver~~semeft~~~~~~~ All
gisterial positions will be advertised; qualified applicants for
e position will be interviewed at the discretion of the
pervisor of that district.
2. All appointments to boards and commissions se~ee~ed""'Cft"-eft
-~ar~e-&as~s will be advertised en masse twice yearly on April ~5
and November ~5 1, depending upon the appointment's date of
piration.
5. Once the deadline for taking applications is past, the
erk will distribute the applications received to the members of
e Board of Supervisors for their review. For magisterial
pointments, the Clerk will forward the applications to the
pervisor of that district. After a two-week deliberation period,
e Board, or the supervisor in the case of magisterial
plications, will notify the Clerk to set up interviews with
alified applicants.
Only qualified applicants, as determined by the Board of
will be interviewed for board and commission
pointments. For magisterial appointments, the decision to
terview qualified candidates will be determined by the supervisor
that district.
7. The members of the Board of Supervisors will begin the
terview process with applicants for appointments with the
rliest effective dates.
2
8. Qualified applicants will be interviewed within
f rty-five days of the close of the application period and all
a pointments will be made no later than sixty days after the
a plication deadline.
9. For purposes of economy as well as to insure the
nsistent operation of the boards and commissions, if a vacancy
curs in the middle of a one-year appointment or if less than one
ar remains in the term after the next scheduled appointment
vertising date (April ~5 1/November ~5 1), then the Board of
S pervisors will select the replacement to the board or commission
w'thout further advertisement.
10. If a vacancy occurs in a two-, three-, four- or five-year
pointment and more than one year remains in the term of
pointment after the next scheduled advertisement period, then the
cated position will be advertised and filled during the next
vertising period.
11. All incumbents will be allowed to serve two consecutive
rms on a board or commission without his/her position being
advertised unless, based on attendance and performance, the
airman of the body requests the Board of Supervisors to do
herwise.
12. If a member of a board or commission does not participate
at least fifty percent of the board or commission meetings,
en, the chairman of the body may request the Board of Supervisors
terminate the appointment and refill it during the next
heduled advertising period.
13. Where possible, terms of appointments on boards and com-
m'ssions will be advertised based on the following time schedule:
April ~5 1:
Advisory council on Aging
BOCA Code Board of Appeals*
Community Action Agency
Community College Board
Fire Prevention Code Board of Appeals*
Health Systems Agency
Jail Board
JAUNT Board
Jordan Development Corporation
Land Use Classification Appeals Board
Regional Library Board
Rivanna Solid Waste Authority
Rivanna Solid Waste citizens' Advisory Committee
School Board
Rivanna Water and Sewer Authority
Soil Erosion Advisory Board
Thomas Jefferson Housing Improvements Corporation
3
* n December 12, 1984, the Board of supervisors voted to allow the
mbership of the BOCA Code Board of Appeals and the Fire
event ion Code Board of Appeals to be identical, while the boards
emselves shall remain separate entities.
A~-~ar~e-Memeers-e~~v~
Seftee~-Beara
November %5 1:
Airport Commission
Architectural Review Board
, Children & Youth Commission (CACY)
Community Services Board
Emergency Medical Services Council
JABN~-Beara
Industrial Development Authority
Jefferson Area Board on Aging
Planning Commission
P~a~~~~~-B~s~r~e~-eemm~ss~e~
Public Recreational Facilities Authority
A~-~ar~e-Memeers-e~~v~
%~aH~~r~a~-Beve~e~me~~-AH~fter~~y
P~a~~~~g-eemm~ss~e~
C ADOPTION
This policy shall be reviewed and readopted by the Board of
S pervisors in January of ~~-~ off-election years, at the
b ginning of the term for new members.
R jbat
b comm
4
Albemarle County Board of Supervisors
Appointment Policv for Boards and Commissions
At-Large Members
t
Applications Distributed to
Supervisor of Magisterial District
(2 weeks deliberation)
Applications Distributed to Board
(Members have 2 weeks to deliberate)
Qualified Applicants selected
for Interview
(Individual Supervisor's Option)
Qualified Applicants selected
for Interview
Interviews
Interviews
Appointment by full board
(within 60 days of close of application)
9/23/9
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Edward H. Ba n. Jr.
Samuel Mill r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
September 23, 1992
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
D ar Applicant:
addition to the attached application form you requested, you will find a flow-
art outlining the appointment process for all County Boards and Commissions and
fact sheet on the Board or Commission for which you are applying. If you are
terested in serving on the (Board/Commission) and would like to be considered
the Board of Supervisors for this position, please return your completed
a plication to this office by date
A ter the above closing date, your application will be distributed to the Board
o Supervisors for their review; for a magisterial appointment your application
w 11 be forwarded only to the supervisor of your district. Depending on the
sition and the number of applicants, the Board will decide whether to interview
alified candidates. If you are selected for an interview, you will be notified
proximately 2-3 weeks after the application closing date. You will also be
tified at approximately the same time if you are not selected for an interview.
though it is not always possible, due to Board member or meeting schedules, the
ard of Supervisors attempts to schedule interviews within 45 days and the
tual appointment to the position within 60 days of the application deadline.
you have any questions on the status of your application during that time
riod, please do not hesitate to call this office for additional information.
Sincerely,
Lettie E. Neher, Clerk, CMC
Board of County Supervisors
jbat
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tachments
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County of Albemarle
EXECUTIVE SUMMARY
AGENDA ITLE:
Policy for
Appoint ents
Board
AGENDA DATE: '.. ITEM NUMBER:.
September 2, 1992.".::~.qgi~~.'.'~9?"J
and
Commission
ACTION:---1L-
INFORMATION:
SUBJECT PROPOSAL RE UEST:
Discuss'on of current
procedu es for Board
Appoint ents.
and
&
recommended
Commission
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes (3)
White
REVIEWED BY:
BACKGRO
A polic for appointing members of Boards and Commissions was adopted by the Board of
Supervi ors in 1984. The policy was implemented to help Board members and staff, as well
as the ublic, have some understanding and control over the enormously time consuming, yet
rewardi g, process of keeping community volunteers actively serving on over sixty Boards and
Commiss'ons. Although the policy included a recommendation that it be re-adopted in the off-
electio years, this has never been done.
DISCUSS ON:
The att ched chart attempts to show the appointment process described in the 1984 policy, a
copy of which is also attached for your information. As you can see on the left side,
magiste ial appointments do not require an advertisement, an application or an interview, but
simply recommendation by the supervisor of that district for appointment. The policy for
appoint' ng a magisterial representative on the School Board follows the same procedure except
for the addition of the advertisement and public hearing required by State law.
On the right side, the appointment process for at-large members requires that the vacancy be
adverti ed, applications taken and distributed to all Board members, and interviews held
prior t a recommendation for appointment. As you can see on the chart, this process can be
quite I ngthy (as long as 90 days) depending on the Board meeting schedule.
The pol cy adopted in 1984 for at-large members attempted to streamline the process by
adverti ing upcoming vacancies en masse two times a year on April 15 and November 15,
dependi g on the ending date of the appointment. The Board office has tried to follow this
adverti ing procedure, although with the increasing number of Boards and Commissions and
changin Board schedules, it has been difficult for them to always have the interviews and
appoint ents scheduled within the designated timeframe. Incumbent board/commission
appoint es are allowed to serve two consecutive terms on a Board without the position being
re-adve tised, unless the Chairman of that Board feels there is sufficient reason not to
reappoi t that individual.
The maj r problems with the current policy seem to be three fold: 1) the policy has not been
reviewe bi-annually as recommended and, therefore, may not meet current needs or time
constra'nts of Board members or the public; 2) the varying procedures followed by individual
Board m mbers for magisterial appointments, albeit within policy guidelines, have been
confusi g to the public and possibly to new Board members; 3) the policy has not been
consist ntly followed by different boards.
To addr ss these issues, while attempting to maintain a policy that is flexible for the
supervi ors, as well as fair and understandable to the public, staff recommends that the
board r view and revise the current policy based on the following suggestions:
I
'-_0'
Agenda 'Pitle: Policy for Baord and Commission Appointments
Septemb~r 2, 1992
Page 2
o R~vise current policy for magisterial appointments making it similar to the
c rrent at-large selection process. This would require advertising the vacancy,
t king applications, and interviewing selected candidates prior to a supervisor's
r ~commendation for appointment to the full Board. This would include the
s~lection of magisterial School Board and Planning Commission members.
I policy is revised, Board members will need to stipulate whether all applicant
a bplications for magisterial appointments are to be distributed to the full
Bbard.
o Ubdate or review policy in January of the off-election year at the beginning of
term for new Board members, so policy more accurately reflects needs and time
cbnstraints of current Board members.
o 1I1clude brief summary of appointment process with the application form so
applicants are fully aware of the mechanics and time lines of the process.
o
1I1clude a description of the responsibilities for the
a pplication form so applicants are fully aware of the
cbmmitments of the position before they apply.
position with the
requirements and
o Ubdate list of vacancies to be advertised in the April and November display ads.
B sed on this schedule, provide a time line of appointment deadlines and schedule
011 future agendas.
o A vertise April and November, as well as mid-year vacancies, through radio and
television public service announcements.
92.118
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Albemarle County Board of Supervisors
Current Policv for Appointment to Boards and Commissions
ointments
At-Large Member
Interview Process
Advertisement / Application
(Not Required)
Applications Distributed to Board
(Members have 2 weeks to deliberate)
Interviews
(within 45 days of application deadline)
Appointment
(within 60 days of close of application)
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ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
A. CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and
co missions will be purged of all bodies not required by
Federal, State, County or other regulations, which have not
met at least once during the prior twelve month period.
2. Whenever possible and appropriate, the functions
a d activities of boards and commissions will be combined
r ther than encouraging the creation of new bodies.
3. All newly created County-wide boards and commissions
w ich will have the power to impact the health, safety and
welfare of all the residents of the County, will be comprised
o representatives from each of the magisterial districts.
T ese representatives will be appointed by the members of the
Board of Supervisors without advertisement of the positions.
4. All newly created boards and commissions which
i clude members selected on an at-large basis will orient the
terms of appointment of these representatives around an
April 15/November 15 appointment advertising schedule, with
all appointments being made within ninety days of the aforementioned
dates.
5. Any newly created board or commission which is
co prised of members selected at-large and, for reasons of
e ergency or expediency, cannot comply with the April 15/November
15 appointment advertising schedule, will be considered a
special committee or task force. The members of this body
will be selected by the Board of Supervisors without advertisement.
B. APPOINTMENTS TO BOARDS AND COMMISSIONS
1. All appointments to boards and commissions based
upon magisterial district boundaries will be made by the
me bers of the Board of Supervisors without advertisement of the
positions.
2. All appointments to boards and commissions selected
on an at-large basis will be advertised en masse twice yearly
on April 15 and November 15, depending upon the appointment's
da e of expiration.
3. On April 15, on November 15, and fifteen days after
the aforementioned dates, a notice will be published in the
local newspapers which will outline the boards and commissions
ha ing appointment positions available, and provide a brief
description of the duties and functions of each board, length
of term of the appointment, frequency of meetings, and
qu lifications necessary to fill the position.
. ~
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4. All interested parties will have thirty days from
date of the first notice to fill out and return to the
rk of the Board of Supervisors a detailed application with
understanding that such an application may be released to
public if so requested.
5. Once the deadline for taking applications is
Clerk will distribute the applications received to
bers of the Board of Supervisors for their review.
wo week deliberation period, the Board will notify
rk to set up interviews with qualified applicants.
past,
the
After
the
6. Only qualified applicants, as determined by the
rd of Supervisors, will be interviewed for board and commission
ointments.
7. The members of the Board of Supervisors will begin
interview process with applicants for appointments with the
effective dates.
8. All qualified applicants will be interviewed within
ty-five days of the close of the application period and all
ointments will be made no later than sixty days after the
lication deadline.
9. For purposes of economy as well as to insure the
sistent operation of the boards and commissions, if a
ancy occurs in the middle of a one year appointment or if
s than one year remains in the term after the next scheduled
ointment advertising date (April l5/November 15) then the
rd of Supervisors will select the replacement to the board
commission without further advertisement.
10. If a vacancy occurs in a two, three, four or five
r appointment and more than one year remains in the term
appointment after the next scheduled advertisement period,
vacated position will be advertised and filled during
advertising period.
11. All incumbents will be allowed to serve two consecutive
ms on a board or commission without his/her position being
dvertised unless, based on attendance and performance, the
irman of the body requests the Board of Supervisors to do
erwise.
12. If a member of a board or commission does not
ticipate in at least fifty percent of the board or commission
tings, then, the chairman of the body may request the Board
Supervisors to terminate the appointment and refill it during
next scheduled advertising period.
13. Where possible, terms of appointments on boards and
issions will be advertised based on the following time
edule:
- 2 -
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April 15:
Advisory Council on Aging
Board of Appeals, BOCA Code and Fire Prevention Code
Community Action Agency
Community College Board
Health Systems Agency
Jail Board
Jordan Development Corporation
Land Use Classification Board of Appeals
Library Board
Rivanna Water and Sewer Authority
Road Viewers
Soil Erosion Advisory Board
Thomas Jefferson Housing Improvements Corporation
At-Large Members Only:
School Board
November 15:
Airport Commission
Community Services Board
Emergency Medical Services Council
JAUNT Board
Jefferson Area Board on Aging
Planning District Commission
At-Large Members Only:
Industrial Development Authority
Planning Commission
C. ADOPTION
This policy shall be readopted by the Board of Supervisors
in the off election years.
- 3 -
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(1 z ./ ;(y-C';-./w )
ATEMENTS OF EXPENSES
State Compensation Board
r: Month of Sf',pfeh'1/JPr. /9?L-
, /
County Share
State Share
Total
D PARTMENT OF FINANCE:
-CJ --
--cD --
--- 0 __
f53c7
f6~ c1l'
.35617v~'
ONWEALTH'S ATTORNEY:
3~7 70
/f.27~/
/f~;;~~ /
.
3/33,3b
3/35: 3h
CIRCUIT COURT:
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.
1
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COMMON'VEALTH of VIRGINIA
RAY D. PE HTEL
COM MISS I NER
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND,23219
October 5, 1992
Secondary System
Addition
Albemarle County
oard of Supervisors
ounty of Albemarle
01 McIntire Road
har1ottesvi11e, VA 22901
As requested in your resolution dated May 6, 1992, the following addition
o the Secondary System of Albemarle County is hereby approved, effective
eptember 15, 1992.
LENGTH
SHALL MANOR
oute 1800 (Marshall Court) - From Route 20 to 0.06 mile Southeast
oute 20 0.06 Mi
Sincerely,
p~ b .iliItJ
Ray D. Pethtel
Commissioner
c {' .' 10 10j
/70 l LL-
L- /? (J /U:J:.. -I 10<;
-j ,)
flU/ln.')
TRANSPORTATION FOR THE 21ST CENTURY
IA\
J unT ~~,
-.';~ ~ J
,.j. m /6. -1~2~ COUNTY OF ALBEMARl.l
';J02 " ';CJ.~ '-Lq~ Y )
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JAUNT, INC.
1138 EAST IGH STREET
CHARLOTT SVILLE, VA. 22901
Administrati n: (804) 296-3184 or 296-4980
Operations: 804) 296-6174
EXICUTIVl Off"IQI
~
ob Tucker
lbemarle County Executive
lbemarle County Office Building
401 McIntire Road
arlottesville, VA 22901-4596
October 6th, 1992
Bob:
As part of our effort to keep local governments abreast of
he services provided in each locality, the JAUNT Board has
irected that a quarterly report of services and expenditures be
sent to each local government that supports JAUNT. Attached you
ill find a report covering the first three quarters of JAUNT's
iscal year. Please direct copies to the Board of Supervisors if
ou feel it is appropriate.
We would welcome comments and questions on these reports.
Yours truly,
II i
\.e,
/ t, f r :~.~
Donna Shaunesey
Assistant Director
.
ALBEMARLE COUNTY
Service Provided 10-1-91 to 6-30-92
1stO 2nd 0 3rd 0 YTD Total
PUBLIC TRIPS
Urban area handicapped 4,189 4,062 4,484 12,735
Rural area handicapped 2,490 2,722 3,189 8,401
Scottsville route 775 980 965 2,720
Total Public Trips 7,454 7,764 8,638 23,856
AGENCY TRI PS 3,887 4,103 4,718 12,708
TOTAL PUBLIC & AGENCY TRIPS 11,341 11,867 13,356 36,564
Percent of budgeted funds expended
For administrative and ridesharing services: 62%
For operating costs of public transportation services: 76%
Local funds are expected to be sufficient for the year at this time.
.,
1
SCOTTSVILLE BOUNDARY LINE ADJUSTMENT
Option 4 Option 5
Es ~imated Dwelling Units 66 94
Es ~imated Population 167 238
Total Dwelling Units (Town of scottsville) 121* 121*
Total Population (Town of Scottsville) 239* 239*
Ad ~itional Dwelling Unit Potential 324** 699**
Ad ~itional Population Potential 820 1,768
To tal Dwelling Unit Capacity 390 793
To tal Population Capacity 987 2,006
Tctal Developed Commercial Acreage
Tctal Undeveloped Commercial Acreage
22
22
Tctal Commercial Acreage
32
10
32
10
Tctal Acreage
Tctal Acreage (Town of Scottsville)
105
848
105
457
Tctal Combined Acreage
562
953
~ Bureau of the Census, 1990.
*~ Data derived from a build-out scenario utilizing Comprehensive Plan
land use designations.
Note: Population = total dwelling units x 2.53 (average number of
persons per household - 1990 Census) except where indicated
by "*"
P epared by the Albemarle County Department of Planning and
Community Development
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OPTION 4
OPTION 5
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County of Albemarle
EXECUTIVE SUMMARY
AGENDA
Adjust
Scottsville Boundary Line
AGENDA DATE:
October 14, +992
ITEM NUMBER:
fl, ~.5-o,f, "'I '9
ACTION: ---X-
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: ~
-
REVIEWED BY:
/JJ7
BAC GROUND:
At ts September 2, 1992 meeting, the Board authorized a public hearing in order to
sol' cit County-wide input into a proposed boundary line adjustment for the Town of
Sco tsville. The Option 5 scenario most widely supported by the proponents of this change
wou d increase the Town of Scottsville's population from the current 239 to approximately
477 residents, effectively doubling 'the population. Option 5 would increase the size of
the Town from the current 105 acres to 953 acres. The loss in tax revenue to Albemarle
Cou ty would be approximately $62,000 per year using today's number of vehicles, school
chi dren, etc.
DIS SSION:
Ass ing a total build-out of the Option 5 area, an additional 699 dwelling units would
be p ssible under the County's current Comprehensive Land Use designations. An additional
10 a res of commercial acreage would be available, all of which would be under the zoning,
spe ial use permit process and general land use authority of the Town of scottsville. To
dat , the Town has not committed any financial resources in their pro-forma budget for
pIa ning staff and/or consulting assistance. Many small towns contract with planning
fir s to give them the "staff" support necessary. This is an option available to the Town
of cottsville and one they have used in the past for ordinance development.
issue raised at one or more of the public meetings regarding refuse collection
exp nses is a valid one. As of the last public meeting, the Town was charging $10 per
month per household for curbside collection. With the increase in the tip fee at the Ivy
Lan fill as of July 1, 1992, it is doubtful that this price could be maintained. This is,
how er, a function of the tip fee and does not evaluate the appropriateness of the budget
esti ates used in the Option 5 projections by the Town.
rojected budget submitted by the Town reflects revenues which, under Option 5, are
$25,855 in excess of projected expenditures. These funds are targeted for capital
vements but may also provide some cushion until actual expenditures would be known.
clear that the Town's offer to drop their property taxes could be reinstated at any
by Town Council and would be beyond the County's control.
y records sh9w~that there have been 15 b~iding permits issued in the Option 5 area
January, 1991. The County presently has no responsibility within the Town for any
of building inspection related functions including underground storage tanks, fire
ntion inspections, commercial, industrial, or residential inspections. Likewis~, the
Coun y has no responsibility for erosion control or other related engineering functions
within the Town.
I'
AGE~A TITLE: scottsville Boundary Line Adjustment
DATE October 14, 1992
Page 2 of 2
Albe ~arle County Police currently patrol scottsville on a regular basis and would continue
to d< so under any boundary adjustment. The police protection provided by the Town is in
addi ion to that which is supplied by the County and could be viewed as additional
manp~wer to the option 5 area.
RECO OmNDATION:
Staf review indicates that the level of service provided to Town residents under existing
mech nisms is less than that provided to County residents in the areas of planning,
engi~eering, zoning, building inspections and related activities. If the Board chooses
to p oceed with a boundary adjustment, one alternative might include a situation whereby
the' own could contract with the County to provide some or all of the services within the
Town s boundaries.
If tl e Board wishes to proceed with the boundary adjustment, a description of the boundary
line would be published in the newspaper for two consecutive weeks followed by a petition
from the attorneys of both jurisdictions to the Circuit Court requesting the boundary
chan ~e. The judge, after hearing evidence on the line to be changed, would enter an order
esta~lishing the new boundary line.
/bt
92.1
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STATEME~T OF MUNICIPAL ACCOUNTS
. GENERAL FUND RECEIPTS
Fiscal Year Estimated Fiscal Option No. 5
Ended Year Ending Esti mated
June 30, 1991 June 30, 1992 Fiscal Year
Trash Ct1 arges Collected $9,454.12 $15,240.00 $28,080.00
Uti li ty Tax $16,533.08 $16,500.00 $48,096.00
Sales Tax $5,255.73 $5,200.00 $17,180.00
Business !r Professional Licenses $7,096.54 $7,100.00 $39,531.00
Automobi Ie Licenses $2,374.00 $2,400.00 $8,870.00
Fines $3.00 $50.00 $50.00
Propert) Taxes $16,511.01 $18,800.00
Bui1din~ Permits $337.50 $500.00 $500.00
Franchi! e Payments $1,224.08 $1,200.00 $1,200.00
ABC Pro" it Di stri buti on $984.83 $1,025.00 $1,275.00
Virgini.: Law Enforcement Assistance $2,8:38.00 $6,500.00 $6,500.00
Rolli ng Stock Tax - Rails $875.96 $1,053.00 $1,053.00
Rental · ncome $1,855.00 $1,800.00 $1,800.00
Interes1 Income $6,077.61 $5,000.00 $3,500.00
l1i scell i neous <'\ $1,164.57 $750.00 $750.00
TOTAL RE CEIPTS $72,605.03 $83,118.00 $158,385.00
TOTAL GE NERAL OPERATING EXPENSES $55,71~.50 $64,950.00 $132,530.00
( frol page 2)
CAPITAL IMPROVEMENTSCF.Y. 1990-91,
Actui 1) or AVAILABLE FOR CAPITAL
I f1PR( VEMENTS $21,449.00 $18,168.00 $25,,855.00
EXCESS [ F RECEIPTS CDISBURSEMENTS) ($4,556:47) N/A N/A
TOWN OF SCOTTSVILLE
STATEMENT OF MUNICIPAL ACCOUNTS
GENERAL EXPENSES
STREET DEPARTMENT
Trash Collection
Str.et Cleaning Labor & Payroll Taxes
street Lights
MAterial. ~ Supplies
Str..t/Sidewalk Repair and Maintenance
PArk AreA Maintenance
Mlac:ellanltOus
TOTAL STREET DEPARTMENT
POLICE DEPARTMENT
Salary ~ Payroll Tax - Town Officers
CArS - Gas, Oil, Maintenance ~ Repairs
Supplies and Equipment
Telephone
Insurance
Office Expense ~ Miscellaneous Expense
TOTAL POLICE DEPARTMENT
FLOOD CONTROL
Salary ~ Payroll Tax - Superintendent~
Electricity - Pump Station
Supplies and Maintenance--Pump Station
TOTAL FLOOD CONTROL
MUNICIPAL BUILDING
Labor and Payroll Tax - Cleaning
Uti I ities--Electricity/Gas/Water/Sewer
Repairs and Maintenance
Insurance
Miscellaneous
TOTAL MUNICIPAL BUILDING
ADMINISTRATIVE AND OFFICE
Salary and Payroll Tax - Treasurer
Office Supplies and Expenses
Telephone
Building Inspector and Expenses
Dues and Subscriptions
Miscellaneous
TOTAL ADMINISTRATIVE AND OFFICE
UNCLASSIFIED EXPENSES
TOTAL GENERAL OPERATING EXPENSES
Fiscal Year
Ended
June 30, 1991
512,090.14
53,566.04
53,283.20
5362.78
5150.81
5385.00
51,549.18
521,387.15
515,452.07
52,242.56
597.47
5460.50
51,000.00
5385.44
519,638.04
$1,393.99
$1,663.14
51,389.76
54,446.89
$420.50
$1,526.61
5559.00
5729.00
530.75
$3,265.86
$3,979.65
$1,030.49
5711.92
$530.10
$239.00
56,491.16
5483.40
555,712.50
Esti mated
Fiscal Year Ending
June 30, 1992
516,100.00
'$6,000.00
53,200.00
5400.00
5400.00
$1,000.00
527,100.00
516,600.00
$2,000.00
5100.00
5450.00
$1,100.00
5400.00
$20,650.00
51,400.00
$1,700.00
52,200.00
$5,300.00
5450.00
51,600.00
51,500.00
5750.00
5100.00
$4,400.00
54,000.00
51,380.00
5720.00
5550.00
5250.00
5100.00
$7,000.00
$500.00
564,950.00
Option No. 5
Estimated
Fiscal Year
530,550.00
$8,000.00
$7,000.00
5400.00
5400.00
52,000.00
$48,350.00
535,000.00
54,000.00
5500.00
5450.00
51,500.00
51,000.00
542,450.00
51,400.00
51,700.00
54,400.00
57,500.00
5500.00
51,600.00
52,000.00
5750.00
5150.00
$5,000.00
525,000.00
51,800.00
5900.00
5780.00
5250.00
$500.00
$29,230.00
$132,530.00
,I
SCOTTSVILLE BOUNDARY LINE ADJUSTMENT
Option 4 Option 5
Es timated Dwelling Units 66 94
Es timated Population 167 238
Total Dwelling Units (Town of Scottsville) 121* 121*
Total Population (Town of Scottsville) 239* 239*
Ac ditional Dwelling Unit Potential 324** 699**
Ac ditional Population Potential 820 1,768
Tc tal Dwelling Unit Capacity 390 793
Tc tal Population Capacity 987 2,006
Tctal Developed Commercial Acreage
22
22
10
Tctal Undeveloped Commercial Acreage
10
Tctal Commercial Acreage
32
32
Tctal Acreage
Tctal Acreage (Town of Scottsville)
457
105
848
105
Tctal Combined Acreage
562
953
~ Bureau of the Census, 1990.
*~ Data derived from a build-out scenario utilizing Comprehensive Plan
land use designations.
Note: Population = total dwelling units x 2.53 (average number of
persons per household - 1990 Census) except where indicated
by "*"
:till
Prepared by the Albemarle County Department of Planning and
Community Development
.
I
SCOTl'SVILLE BOUNDARY LINE ADJUSTMENT
Option 4 Option 5
Es timated Dwelling Units 66 94
Es timated Population 167 238
Total Dwelling Units (Town of Scottsville) 121* 121*
Total Population (Town of Scottsville) 239* 239*
Ad ditional Dwelling Unit Potential 324** 699**
Ac ditional Population Potential 820 1,768
To tal Dwelling Unit Capacity 390 793
To tal Population Capacity 987 2,006
.
To tal Developed Commercial Acreage 22 22
To [tal Undeveloped Commercial Acreage 10 10
To [tal Commercial Acreage 32 32
To[tal Acreage
To[tal Acreage (Town of Scottsville)
To[tal Combined Acreage
457
105
848
105
562
953
* Bureau of the Census, 1990.
** Data derived from a build-out scenario utilizing Comprehensive Plan
land use designations.
Note: Population = total dwelling units x 2.53 (average number of
persons per household - 1990 Census) except where indicated
by "*"
.,
Pr~pared by the Albemarle County Department of Planning and
Community Development
"
-;-
/Jf cu' ~.(
I
/~11L
mmun of ~'llttsuill~
Jitoifsuillt, ~irginia 24590
A. RAYMON TH CKER
Mayor
'P 1LU.en.hzi..i.on. to [otUli:.fI Doall.li. ot 5 upeAV UuJ/IA.
OchJbeA 1411992.
COUNCIL
JESSE B. GRO E. JR.
Tuwn Allum y
RAY W. CALDWELL
GEORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCINDA B. WHEELER
L. GORDON AN ERSON
T"usurn
{I] . C IUli.A111Qfl.1 flJembeA.4. ot tAe. Boa.A.d. i
jiJ n.ame u. tl.Raymon. Jhm:keA, aJ1.d ~ am fJaffOlL ot the ]own. ot ScoLtA.viLL.e.
IV w /.oIL the pad e.i...r;M..e.en. fllJ)n.t.M. we. lwYe had. pubLi..c AewU.n.9A aJ1.d conteJLencu.
o a boLU/.d.a.JLv. adj.u..Wnen.t /PIL the ]O/Vl. ot 5 CDilA.v.J..Le.
lJ e to the ~U4 fl.oocU aJ1.d tUt.eA tkd. we. have 4Ul-teAed. .i..n. tAe pad.,
h.a4 Lcd to U4 mDJI..ff 1Lu.i..d.en.i:A aJ1.d buM.n.eA/.J.eA, OWl popu..La.lion. COLU/.t
been 40 depleted tkzi. we aILe unabLe to p/lOvute rtsu.aLi...{..i...ed aJ1.d eLi..[}.i.bLe
fVl.e1 /PIL tAe. vCZll..ioU4 CDfI'II1IiAA.,W/U aJ1.d 60~ tkd. aA.e lLefju..i.Aed aJ1.d
daUd. bff tAe V.LA~.i...a. 5ene.;wJ. t//J/J.eJnbLff aJ1.d the Jede.;wJ. )OVeNlmen.t.
have not had. a bOLU/.dwr.ff cuLjuAi:ment I.J.in.ce /8661 wh.J.e maJ1.fj otheA ]OUlll/J.
ur;Jwut V Ut[}i..n..i...a. have had. 4UCC~ cuLjuAi:men.i:A wWwut aJ1.ff dei..MJnen.t
the [OLU/.tff i..n. wh.i..c.A theff aile Lccai..ed.
] e V.LA[}i..n..i...a. 5 uplLeme CoUAi. h.a4 JU.Ji..ed thai:. i..n. aJ1. cuLjuAi:me.nt will a ]ou.nl
e COLU/.tff dou. not Lo.u. aJ1.ff ot .i..i:A PJLi..maA.ff taxi.n.[} pOIJle/l/J..
J e M!..aJ.. aJ1.d peA.40n.a1 .t.czxu. d.J..L come to the COLU/.tff aJ1.d 0n1!f a few aJ1.c.i.l.LaAff
aile Lc~.w.c.h. a4. u.li1..dff i:o.x.eA, au..i:o Li..ceJVl.~ aJ1.d buM.n.e/Vi Li..cen/J.e.
9 a rnu1t.i.. mi.l.1....i...on do1.i.atr.4 [OLU/.tff bu.d.rret- the Lo/Vi to tAe. COLU/.i:.:; UlOu1d. be
n. ;;Li.~bLe.
/)/ have p/lO v.i..d.ed to vou f.i..n.an.cial .dt:d..eme.ni:A. 01- the 5 co i::i:Av iLL.e 5 0 v eM/TI.eni:.
d have p/lOven to flPU tkd. we. aILe coM.elLvaUve aJ1.d inteJ..L..i.[}ent enoug.h. to
!f .i..n. a be:f.i:.eJL ~ condi..t.l..on i:kut th.e Jed.eA.a1 yoven.nmen.t and. even
own Si:.a;te 50veNlmen.t./)/e have al...w p/lOv.i.d.ed flPU will f.i..nancial 4.i.atemen.i:A.
p/lOjedA. .Ln.come and. expen./J.e/J. 01 th.e expanded. opti.on p..ve.
1 u.e ww no 4pecmcu).Q/l. g.a..i.M. but en.ou:;h.i- to f1U1J7.a[}e the a/-/JLi-M. 01- i:Ju? J own..
/)/ have adVu.ed. ffOu tkd. we. aile -juA:t a4. aJl.Xi..oU4 a4. ffOu aile thai:. we have aJ1.
o ed.ff [jAPlUi:Jt .Ln. th.e alLea aJ1.d con.iJwLLed [jAPwi.:h i..n. the aAeal i..n. keep.i..n.[} will
ot th.e [OLU/.i:.:; [olll{Meh.eJ1Ai..ve 'Plan.
/)/ have exp.!.ai.n.ed to vPu tJll1i. becaJJA.e d .i./J. OWl /WJJJ VJQ;teJL .w.ppLfI th.a;t we.
ul.J. feaJ.ot.UJi.fI p/lOUd tlw.. Jou.eA [lLeek wai:..eAAited..
IV one h.a4 fllJ)JLe at 4hzke theJLe tltan we do.
,,-
monrn of ~tottsktill~
~tnttsuille, ~irginia 24590
7>~n iSJ [oUJt4 Bowr.d. 015upeA.YW/lA
OcJ:pOe.A. 14} 1992 7>~e 2
COUNCIL
T,,,QSUT ,
RAY W. CALDWELL
GEORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCtNDA B. WHEELER
JESSE B. GR VE. JR.
Town Allo tar)'
oAri.eA1ff pLmtned. ~wtA i..n. tAe opwn live aAe.a. w.JJ.. eveni.ua1Lff p/Wv.i..de
e i.ax.eA. to t.h.e. [owti.ff unde.A. OWl. option live' adjuAimeni tJum tAe [oUJtiff
now ILec.uv.ut.51.' .
"' aJLe a pwd 01 ALheJnDAl.e [oUJtiff CU/.d al..wafIA- expect W ILeI1ULi.n. &LC.h..
Jo i~ J) am .lLepJLe4.en.t..i.n51. 4IJ.O~ moJLe. tIuzn. a ma,joAil:..t; of. tAe ILeal
P 'PeJLt:..ff OUlle.M. i..n. opwn live, !Wi ILenieM. oui:. JLe..CLl P/WPe1li:.ff OUll~ CU/.d
!f th/Wu[jh. me ILeAffU:tlulLff pei:.A..i:)..on vPu W [}.ILCU1.i i:.Ai.A. opwn. live adjuAime.n..i.
J/Li..end4 J) ll.i..n.ce.A.e.lff wani 5 CJJi:h.v.J..L.e W be a v.i..o..bLe corrmun..i.:f:.;;. col1Ai:o.n.t1.ff
/Wvi..n.51. t.h.e. ~ 01 .i.:U. people an.d a.ddi.n.51. W t.h.e. welL Oein.g of. ALoeJnrJA1e
[0
Jo !f u. mff 6Ud.Ad.a.f/1J) UClIl. 6o.lU'l. Oci.o6e.A. 14} 1909 CU/.d am e.i.~ff tiutee ffe.cJAA.
fIP 9 wda.f/1 CU/.d wNd. a n.i..ce b.udJui.aff ;;i.f:t. i..t oou1.d be if. vPu wou1.d ~ opwn
Ii- e w a vPUJt9- I1lQ/1 LiM. me j.uA.i.. 4i:.aAlin9- oui..
J Iwn.k ffOu.
\
.
GEORGE R. T.JOHN
COUNTY A ORNEY
COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
September 4, 1992
JAMES M. BOWLING, IV
DEPUTY COUNTY ATTORNEY
Da id P. Bowerman
413 Berwick Court
Ch rlottesville, Va. 22901
Edward H. Bain, Jr.
420 Park Street
Charlottesville, Va. 22902
Walter F. Perkins
Ro te 3, Box 79
Cr zet, Virginia 22932
Charlotte Humphris
109 Falcon Drive
Charlottesville, Va. 22901
rles Martin
Pineridge Lane
rlottesville, Va. 22901
Forrest R. Marshall, Jr.
Route 6, Box 305A
Charlottesville, Va. 22902
ert W. Tucker, Jr.
nty Executive
McIntire Road
rlottesville, Va. 22902
Re: Legal Implication of scottsville Boundary Change
(Our File #ACG 16)
and Gentlemen:
Two basic questions occur with respect to the boundary change
er consideration:
to what degree if any will this boundary change
scottsville's ability to maintain adversary
proceedings at some time in the future; and
to what degree if any will this boundary change set a
which might lead to the incorporation of other
centers such as Crozet or Hollymead.
I have previously stated that in my opinion the boundary
nge designated Option 5 will not be prejudicial to the
nty's ability to defend a future annexation by scottsville,
ncipally for this reason: the utility services in the town
provided by the County and will continue so; unlike the
ical situation where a town or city if providing these
vices to County citizens outside the municipality. The
oJ
Al emarle County Board of Supervisors
Mr. Robert W. Tucker, Jr.
Pa e 2
Se tember 4, 1992
re ent annexation by the town of Orange, for example, succeeded
ch'efly because the town could show that surrounding areas were
be' ng provided water and sewer from plants owned by the town.
(T e Rapidan Service Authority purchases water from the town, to
se ve County customers).
Moreover, ~Ilhile Option 5 will allow scottsville to survive
her than wither to another Columbia, it will not in my
nion provide a land base large enough to become a
icipality capable of meeting the criteria necessary to
vail in an adverse annexation - that is, it will still not be
e to provide public services to the target area more
iciently than the County, and it could not show that such
a is urbanizing and is in need of those services.
Turning to the second question, I am convinced that the
ndary change under consideration will have no precedential
ect whatever on any future attempt to incorporate Crozet,
lymead, or other center of population.
Towns can be created by one of two methods: by charter
nted by the General Assembly pursuant to Virginia
stitution Article VII, Section 2 and Virginia Code Section
1-833, et ~, or by judicial incorporation under Virginia
e Section 15.1-966, et ~, a copy of which is attached. If
citizens of Crozet, for example, held an election pursuant
these laws, and voted to seek incorporation, they could do so
any time regardless of your action on Scottsville. However,
y would have to show that the newly incorporated town could
vide services more efficiently that those being provided by
County, and in my opinion a previous agreement allowing the
ndary change now under consideration would be totally
elevant to the issues and criteria set out by law, in such
ure proceeding; and in fact your action on scottsville would
even be admissible in such a case. Given Scottsville's
toric status as a town and former county seat, an enlargement
the purpose of keeping it viable would be no precedent
tever for creation of a new town or towns elsewhere.
Since the above principles apply to Option 5, they apply all
more to the smaller Option 4. I will be glad to discuss
III
Al emarle County Board of Supervisors
Mr Robert W. Tucker, Jr.
Pa e 3
Se tember 4, 1992
th se issues with each of you, at any time.
Sincerely yours,
.c~ AvL
~eorge R. st:~~n -
County Attorney
GR tJ/tlh
En losure
. ~
'he court in its
f transition fro
te be sooner tha
81.)
~ 15.1-965.26
COUNTIES, CITIES AND TOWNS
~ 15.1-965.27
a proposed chart r for
ssembly for ado tion
such proposed c rter
ransition from c ty to
has been approv d by
r conforming th city
the town until new
c. 881.)
~ 15.1-965.26. Effect on jurisdiction of courts; selecting juries. - Upon
the effective date of the transition from city to town status, all criminal
prosecutions then pending therein, whether by indictment, warrant or other
complaint, and all suits, actions, motions, warrants, and other proceedings of
a civil nature, at law or chancery, with all the records of the courts of the city,
shall stand ipso facto removed to the courts of concurrent or like jurisdiction of
the appropriate county. The circuit and other courts having courthouses and
records in and jurisdiction over the city shall, at some convenient time, as
closely preceeding the period of removal as practicable, by formal orders
entered of record, direct the removal of all such causes and proceedings, civil
and criminal, at law and in chancery, to the court or courts of concurrent or
like jurisdiction of the county. The clerk of the court or courts to which the
same have been removed shall thereupon proceed as in other cases of removal
or changes of venue and such matters shall be docketed and handled as
though initially filed in such court or courts. At the same time such clerk or
clerks shall also deliver to the proper clerk or clerks of the county all the deed
books, order or minute books, execution dockets, judgment dockets and other
records of his office, of whatever kind or nature; and the clerk or clerks of the
court or courts to which the same are removed shall take charge of and
preserve the same for reference and use in the same manner and with the
same effect as though they were original records of his office. (1988, c. 881.)
'.- Unless othe ise
Ity and county, r by
shall remain liab e for
IOns, and liabilit es if
ent of the gove ing
e court pursua t to
roperty of the fo er
ct, and all of its b oks
t in and be com th~
~ 15.1-965.27. Court granting transition to town status to exist for ten
years. - A. The court created pursuant to ~ 15.1-965.10 shall not be
dissolved after rendering a decision granting any motion or petition for
transition to town status, but shall remain in existence for a period of ten
years from the effective date of any transition order entered, or from the date
of any decision of the Supreme Court affirming such an order. Vacancies
occurring in the court during such ten-year period shall be filled by
designation of another judge from the panel provided for in Chapter 26.2
(~ 15.1-1168 et seq.) of this title.
B. The court may be reconvened at any time during the ten-year period on
its own motion, or on motion of the governing body of the county, or of the
town, or on petition of not less than fifteen percent of the registered voters of
the town.
C. The court shall have power and it shall be its duty, at any time during
such period, to enforce the performance of the terms and conditions under
which town status was granted, and to issue appropriate process to compel
such performance. The court may, in its discretion, award attorneys' fees,
court and other reasonable costs to the party or parties on whose motion the
court is reconvened.
D. Any such action of the court shall be subject to review by the Supreme
Court in the same manner as is provided with respect to the original decision
of the court. (1988, c. 881.)
CHAPTER 2l.
INCORPORATION OF TOWNS BY JUDICIAL PROCEEDING.
Sec.
15.1-966. Petition for incorporation of thickly
settled community.
15.1-966.1. Hearing before Commission on
Local Government; notice; par-
ties; finding of Commission.
Sec,
15.1-967. Proof required and order for incor-
poration.
15.1-967.1. [Expired.]
15.1-967.2. Request for charter.
15.1-968. [Repealed.]
503
* 15.1-966
CODE OF VIRGINIA
* 15.1-967
Sec.
15.1-969. How first election ordered and held.
15.1-970. [Repealed. I
15.1-971. How appeals granted and heard.
Sec.
15.1-972 through 15.1-976. [Repealed.]
15.1-977. Towns subject to general laws.
* 15.1-966. Petition for incorporation of thickly settled community.
- Whenever it is desired to incorporate any thickly settled community as a
town, a petition signed by 100 duly qualified voters of such thickly settled
community shall be presented to the circuit court of the county in which such
community, or the greater part thereof, is situated, praying that such
community may be incorporated as a town. There shall be attached to such
petition, and made a part thereof a plat showing the boundaries of such
community prepared by a registered surveyor in such form that it may be
recorded in the clerk's office of the court where deeds are admitted to record. A
copy of such petition shall be served upon the attorney for the Commonwealth
and each member of the governing body of the county or counties wherein the
area sought to be incorporated lies, and the governing body at its option may
become a party to the proceedings. Such petition shall be accompanied by
satisfactory proof that it, along with notice attached of the time and place that
the petition would be presented, has been published in full in some newspaper
published in the county once a week for four successive weeks and posted at
the front door of the courthouse of the county for four weeks; if no newspaper
be published in the county in which the thickly settled community, or the
greater part thereof, is located, then five copies of the petition and notice shall
be posted within the limits of the community to be incorporated for four weeks
and a copy posted at the front door of the courthouse of the county. (Code 1950,
* 15-66; 1962,c. 623; 1964,c.467; 1975, c. 629; 1976,c. 586; 1979,c. 85; 1980,
c. 45.)
Constitutionality. - This chapter does not
violate Art. I, ~ 5 or Art. III, ~ 1 of the
Virginia Constitution. Board of Supvrs. v.
Duke, 113 Va. 94, 73 S.E. 456 (1912).
Community cannot be divided according
to caprice or whim of a few people. - This
chapter, authorizing the circuit courts to incor-
porate a "thickly settled community." does not
authorize the subdivision of that community
according to the caprice and whim of a limited
portion of the people constituting the entire
community, and the incorporation of that por-
tion. A community constituting but one contin-
uous, contiguous, and homogeneous settlement
cannot be subdivided for the purpose of incor-
poration. Board ofSupvrs. v. Duke, 113 Va. 94,
73 S.E. 456 (1912).
* 15.1-966.1. Hearing before Commission on Local Government; no-
tice; parties; finding of Commission. - Upon request of the court, the
Commission on Local Government shall conduct a hearing to determine
whether the criteria in * 15.1-967 have been satisfied in the area to be
incorporated as a town by the county or counties in which the area is located.
The hearing shall be set no less than thirty days after receipt of the petition
by the Commission. All interested parties may present evidence before the
Commission, and any county or counties in which is located the area proposed
for incorporation shall be made parties to the Commission's hearing. (1979, c.
85; 1980, c. 170.)
Effective date. - Acts 1979, c. 85, cL 3.
provided that this section would be effective on
and after July 1, 1980. if reenacted before that
time.
* 15.1-967. Proof required and order for incorporation. - The court
shall be satisfied that:
(1) It will be to the interest of the inhabitants within the proposed town;
(2) The prayer of the petition is reasonable;
(3) The general good of the community will be promoted;
504
s
~
5.1-967
~ 15.1-967
COUNTIES, CITIES AND TOWNS
( ) The number of inhabitants of the proposed town exceeds 1,000;
( ) The area of land designated to be embraced within the town is not
ex eSS1ve;
(6) The population density of the county in which such community is
loc ted does not exceed 200 persons per square mile according to the last
pr ceding United States census, or other census directed by the court; and
(7) That the services required by the community cannot be provided by the
es ablishment of a sanitary district, or under other arrangements provided by
la ,or through extension of existing services provided by the county in which
su h community is located.
uch court shall by an order reciting the substance of the petition and the
du publication thereof, that it is to the best interests of the inhabitants of the
locality, that the general good of the community will be promoted by the
in orporation of the town, that the services sought by incorporation cannot be
pr vided by the establishment of a sanitary district or other arrangements
pr vided by law, or through extension of existing services provided by the
co nty and that the number of inhabitants exceeds 1,000, and that the county
do s not have a population density in excess of 200 persons per square mile,
or er and decree and enter upon its common-law order book that such
co munity be, and the same is hereby, incorporated as a town by the name
an style of "The Town of .............. (naming it)," and designating in such
or er the metes and bounds thereof or incorporating by reference the recorded
pI t. Thereafter the inhabitants within such bounds shall be a body, politic
an corporate, with all the powers, privileges and duties conferred upon and
ap ertaining to towns under the general law; provided, however, such town
sh 11 perform no municipal services or contract any debt until its governing
bo y is elected, qualifies and takes office. A copy of such order shall be
ce tified by the court to the Secretary of the Commonwealth by whom it shall
be certified to all proper officers of the Commonwealth. No town shall be
in orporated pursuant to this section hereafter unless it contains at least the
po ulation required by this section as amended. No town created under the
pr visions of this section subsequent to January 1, 1972, and no city formed
fr m such town shall consolidate with any county or portion thereof under the
pr visions of Article 4 (~ 15.1-1130.1 et seq.), Chapter 26 of Title 15.1 of the
C de of Virginia. (Code 1950, ~ 15-67; 1950, p. 443; 1956, c. 217; 1962, c. 623;
19 4, c. 467; 1972, c. 863; 1979, c. 85; 1980, c. 45.)
ffective date. - Acts 1979. c. 85, cl. 3,
pr vided that the 1979 amendment to this
se ion would be effective on and after July 1,
19 O. if reenacted before that time.
aw Review. - For article, "Local Govern-
m nt Law in Virginia, 1870-1970," see 4 U.
Ri h. L. Rev. 174 119701
or survey of Virginia law on municipal
co porations for the year 1978,1979, see 66 Va.
L. Rev. 327 (19801.
hOle communit:~ considered. - Not,
wi hstanding the fact that a proposed incorpo,
ra ion of a town would promote the interests of
th inhabitants of the proposed corporate area,
an that a very large majority of such inhabit,
an s are in favor of the charter. the petition for
in orporation will be denied where the evi-
de ce shows that the general good of the whole
co munity affected demands such denial. Ben,
ne t v. Garrett. 132 Va 397. 112 S.E. 772
(1 22).
Including part not to be incorporated. -
When this chapter. providing for the incorpora-
tion of towns. refers to the "general good of the
community." the word "community" is not
necessarily confined to the proposed corporate
limits. If such limits are carved out of a thickly
settled section, the word "community" must be
construed as embracing the whole section.
Bennett v. Garrett, 132 Va. 397, 112 S.E. 772
119221.
From the provisIon, of I.his chapter in regard
to the incorporation of towns. it is manifest
that the lawmakers intended to vest the widest
discretion in the trial courts, and also that the
latter were not expected to regard merely the
wishes and interests of the inhabitants of the
area proposed to be incorporated, but as the
statute expressly provides, the court must be
satisfied "that the general good of the commu-
nity will be promoted" Bennett v. Garrett, 132
Va 397. 112 SE. 772 (1922),
505
CODE OF VIRGINIA
15.1-967.1: Expired.
ditor's note. - This section was enacted
by Acts 1979, c. 85. Clause 3 of the 1979 Act
pr vided that the act should be effective on and
after July 1, 1980, if reenacted before .
time. The act was not reenacted. in 1980.:' ."
therefore never went into effect. .
15.1-967.2. Request for charter. - At the session of the Gener
A sembly following its incorporation, the town shall request the Gener
A sembly to grant it a charter.
o judge shall grant a town a charter. Until such town is granted a cha
b the General Assembly, the affairs of the town shall be conduc I
ex lusively under the provisions of general law. (1980, c. 45.) ;
i
15.1-968: Repealed by Acts 1980, c. 45. .
15.1-969. How first election ordered and held. - The order J
in orporating the town shall order the first election of town officers, which!
el ction shall be at least ninety days from the date of the order and not withiii:
12 days of a general election, and shall designate the time and place where
su h election shall be held in the town and the electoral board of the county'
wi hin which such town, or the greater part thereof, is situated shall, not less
th n ninety days before such election, determine the qualified voters within
su h town. There shall be elected five members of council. Those persons so
el cted shall serve until their successors, elected pursuant to charter
pr visions, qualify and take office. The officers of election shall comply with
th requirements of Title 24.1, and the conduct of the election shall conform in
all respects to the requirements of the general law regarding the holding of
el ctions in a town so far as applicable. The election shall be held and the vote
co nted, returned, canvassed and certified as regular elections are held,
re urned, canvassed and certified. And if for any cause no election shall be {
he d on the day fixed in the order, the court may by an order entered in its
co mon-Iaw order book fix another day for the election, which shall be held
a r like proceedings and notice as hereinabove required. Any election
he etofore or hereafter held in conformity to the provisions of this section,
th ugh not held on the day named in the order of incorporation but held on a
da named in a subsequent order of the court, shall be as valid and shall have
th same force and effect as if the election had been held on the day named in
th order of incorporation. (Code 1950, ~ 15-69; 1962, c. 623; 1980, c. 45.)
15.1-970: Repealed by Acts 1979, c. 85.
15.1-971. How appeals granted and heard. - An appeal may be
gr nted by the Supreme Court, or any judge thereof to either party, from the
ju gment of the court and the appeal shall be heard and determined without
re rence to the principles of demurrer to evidence - the evidence to be
co sidered as on appeal in chancery cases. Costs in the court shall be awarded.
as he Supreme Court shall determine. The costs in the Supreme Court shall
be warded to the party substantially prevailing. (Code 1950, ~ 15-71; 1962, c.
62 ; 1979, c. 85.)
506
15.1-972
~~ 15.1-972 through
~ 15.1-977. Towns s
under this chapter sha]
Commonwealth govern
623,)
TR
Sec.
15.1-977 .1.
15.1-977.2.
Transition autl
Ordinance peti
declare eligibili
15.1-977.2:1. Moratorium or
pending transit
15.1-977.3. Notice ofmotiOl
lication; answe
Constitution of
Parties.
Time limit for
cation of order
15.1-977.7. Vacancies on C(
ing trial.
15.1-977.8. Pretrial confer
sidered.
15.1-977.9. Hearing and (
15.1-977.10. Assistance of
15.1-977.11. Appeals.
15.1-977.12. Charter com
ment; compenl
15.1-977 .4.
15.1-977.5.
15.1-977.6.
~ 15.1-977.1. Tran!
wealth is authorized
requirements and pre
~ 15.1-977.2. Ordil
governing body of a
majority vote of all 1
county, alleging that
for an order declarin
~ 15.1-977.2:1. Mo
city. - Any annexa1
county's petition for
pending the court's (
ordered on the propc
approve the city chaI
the election shall be
pending stays shall
~ 15.1-977.3. Noti,
any proceeding insti'
such county shall sel
the city or county at1
of supervisors of eacl
. . ."
(ltttnttt of ~tllttsttill~
Jitntllluille, ~ir9inia 2459U
September 3. 1992
Mayor
COO'NCIL
RAYW. C';'LCl~tLL
GEORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCINDA B. WHEELER
L GORDON AN ERSON
T'~QJu'r'
JESSE B. GRO E. JR.
Tuwn Allor t')'
Hon. Charlotte Humphries
Supervisor. County of Albemarle
401 McIntire Road
Charlottesville, VA 22901
Dear Mrs. HumpJi es:
With respect to the concerns expressed by you at the
Supervisor's meeting on September 2, 1992 in regard to the
boundary line adjustment sought by the Town of Scottsville,
I am providing you with the following information:
1. Figures with respect to the impact of boundary
line adjustment under Option 5 on County and Town are found
in the attached documents:
A. Memorandum from Richard E, Huff dated November 27,
1991 and attachment.
B. Memorandum from Mr. Richard M. Huff dated February
5, 1992 and attachment.
These documents were discussed in detail by the Town
and County joint Committee. They were also made available
to the Board of Supervisors at the two public hearings in
the Scottsville Elementary School and were publicly discussed.
It is unlikely that any more detailed figures can be developed
by either Town or County.
2. Planning and Zoning by the Town of Scottsville:
The Town has a Planning Commission as required by
Section 15.1- 427.1 and 15.1- 437 of the Code of Virginia.
Option 5 would provide more people from which to select mem-
bers of this Commission. The Town Planning Commission is
guided by the following Town Ordinances:
A. Zoning Ordinance revised and adopted in 1987. ( Flood
Control Section revised and approved by FEMA in 1992)
B. Architectural Design Control Ordinance adopted in
1972.
C. Ordinance to Establish Subdivision Control Standards
.. -
.
II
Page 2
and Site Plan Standards adopted in 1978.
D. Sign Ordinance adopted in 1992.
E. Comprehensive Planning Document prepared in 1978
for Town Council and Town Planning Commission of Scottsville
by Balzer and Associates, Consulting Planners.
The Town has had no difficulties in the past in handling
Zoning matters and would anticipate none should it expand its
boundaries under Option 5. This expansion was recommended by
Balzer and Associates in 1978 and is long overdue.
You should note that Section 15.1- 438 of the Code of
Virginia would permit the Town to have a member of the County
Planning Comll.ssion as an Advisory member of the Town Planning
Commission. The Town would certainly wish to cooperate closely
with the County for the benefit of both.
3. Taxes:
If Option 5 is approved Town and County taxes will be
equalized. Utility taxes and License fees will be raised in
the present Town to County level. As you know, these are
presently at a lower rate in the Town than in the County.
There will by no real or personal property taxes payable to
the Town after expansion. County and Town residents and
Merchants would pay the same taxes and fees.
As to what may happen down the road upon changes in
administration, no one can predict for the Town any more than
they can for the County. However, new Town residents coming in
~ under Option 5 will be closer to their local government
and will have a greater influence on their destiny.
Should you have specific unanswered questions, please
write to me or to the Town.
Sincerely, ~
91:~/:2e, Jr. 9
Town Attorney
Copies without attachments to:
Hon. David P. Bowerman
Richard E. Huff, II
Hon Forrest Marshall
Mayor Thacker
I
-
,
___ "'1"'~. .
,
COUNTY OF ALBEMARLE
MEMORANDUM
Annexation Committee Members
Richard E. Huff, II, Deputy County Executive ~~
November 27, 1991
Options 4 and 5
As you remember, two new options for possible boundary line
ad'ustrnents were discussed at our meeting on November 21, 1991.
Th Committee instructed the staff to develop a map showing the two
ne alternatives as well as to estimate the loss of revenue to the
Co nty under each scenario. The results of staff's analysis is
at ached for your review.
you can see, Alternative 4 representing the smaller land area
cussed shows an approximat~ 'nss to the C ,~ty of $50,614 while
ion 5 would result in apl. .~imately a $61,398 annual revenue
The majority of the dib.erence between the two options from
evenue standpoint lies in the difference in school age children
the associated distribution of sales tax revenue based on those
ers.
map which is attached shows the approximate boundaries
cussed. In matching our tax maps against aerial photographs, it
arne apparent that some minor adjustments would be necessary once
ecision is reached. These maps should, however, serve our
poses to hold public hearings if the Committee and the two
erning bodies are so inclined.
agreed at our last meeting, the next step is for Scottsville
n Council to respond to these two options. If I may be of
ther assistance, please do not hesitate to contact me.
,II/dbm
100
" '
.
-
NOVEMBER 26, 1991
COUNTY OF ALBEMARLE DEPARTMENT OF FINANCE
ESTIMATE OF REVENUE LOSS FOR SCOTTSVILLE ANNEXATION
OPTION #4
TAX
BASIS COUNT RATE TAX
# RESIDENCES 66 4/MO $3,168
AVG BILL 27 6,312
AVG BILL 1 4,080
GROSS RECEIPTS 24 26,231
# STUDENTS 23 4,082
GROSS RENTS 2,511
PER VEHICLE 188 22.50 4,230
$50,614
SALES
T OCCUPANCY
LICENSE
TOTAL
OPTION #5
BASIS COUNT RATE TAX
TAX
# RESIDENCES 98 4/MO $4,704
AVG BILL 27 6,312
AVG BILL 1 4,080
GROSS RECEIPTS 24 26,231
SALES # STUDENTS 67 11,890
TRANS I T OCCUPANCY GROSS RENTS 2,511
LICENSE PER VEHICLE 252 22.50 5,670
TOTAL $61,398
. . i' .
COUNTY OF ALBEMARLE
MEMORANDUM
Annexation Committee Members
Richard E. Huff, II, Deputy County Executive ~~.
February 5, 1992
Scottsville Annexation Discussions
ave enclosed for your review the notes received from the Town of
ttsville in response to the two options proposed by the
ittee at its meeting on November 21, 1991. Also attached is
e financial information as requested by the Committee related to
rent and proposed budgets should the boundary adjustment be
roved.
or Thacker has asked that the Committee reconvene in early March
discuss what the next step might be in the process. To
ilitate this request, I would suggest that the Committee plan to
t in Room 11 of the County Office Building (4th Floor Conference
m) on Thursday, March 5, 1992 at 3:00 p.m.
If there is any additional assistance which the staff might provide
pr or to this meeting, please feel free to contact me.
RE ,II/dbm
92 018
At achments
fI
:1>..,( ,_(, {.
/'J
"
moron of ~'ottsltill~
~tott5bille, ~irginia 24590
A. RAYMaN TACKER
Mu~'o,
COUNCIL
/'t'U.\UTf'
RA Y W. CALDWELL
GEORGE W. DANSEY
JACQUELINE B. GROVE
L. GORDON AN ERSON
ROBERT K. SPENCER
JESSE B. GR VE. JR.
HUNTER C. WOODY
rOK"1I A 11(1 In"
LUCINDA B. WHEELER
(IJ/Ul.. H umplvUeA, yen.t1emen 01- th.e Borvt.d:
(lJff name .iA. 1I.'Ra!JT'lon JhackeA aJld M. f?U /mow ~ am (lJaf?/l 01- th.e Jown 01- ScotiAv.J.le.
11-1. f?u /mow ~ have Ilpent a dedicated Lile to th.e weJ./fvte aJld well 6e.in;; 01- th.e
Jown ot ScotiAv.J.le, aJld a1.w iJuwufYt :/:...he ffealU1 keep.in;; OU/l people .in tune
will th.e [jRAeA.CJJ.. weLf.cvr.e ot th.e C oun.tff 01Ill6ema.;z1e.
!I OU/l p/W6lemeA. have 6een OU/l p/l06L€I11A arcL .in th.e CAil/7..cA iJuwu;;lwui. ::t.he ffealU1
we have aLwafIA- 6een 6eAUie f?U.
II Lon;; tune af}O, to 6e exa.ci:. two lumriAed aJld to/dff ei..;;hi. ~ a;;o, a f}/WUP ot
men .in 'R U:.hnwnd at. th.e V Ut;;A-nUJ. yen~ lI.uem6lff decided to CLd oui. a neJl)
[oun.tff pwm the vaAi. te.JUU..toJtff 01- yoocMan.d.
J IuA neJl) [ouni:.ff lOO.I1 to 6e named IIL6ema.nl.e aJld ::t.he [owdff 5 erd WCUl to be
5 coll' -1. LaJl.d.i..n.[f1 La.teA 5 coilA.v.J.le.
JAeAe lOO.I1 a whoLe 6un.cA ot people .in ::t.he (JAM cnJkd IIl6ema.nl.e , the Scoli'-1.,
::t.he L€1J.I.UJ. " th.e 1Iu.cLwnA., tie Jet/e-/I.AOn-1.,::t.he !jJ.mVUl,:the J/lf/A-1::t.he fJa.livwn-1.,:Ute
[a6LeA., :Ute H ol1JClJl.d.A,:/:...he BaJ..LoUJelJ., aJld manff 0::t.heA/1 w/w had mi..[jACLied .into ::t.he
unlm.own. te.JUU..toJtff ot IIL6ema.nl.e.
Did 01- :f:..h..iA fJ/Wup, th.e [/WIUl' -1. !jOVVlfl.O/l appo.i.nted fJdeA Jel-lVl./l.on, Jolliua JJt$!1
J /wmaA Bailowe, f)j.i.ili.am [a6eLL, aJld Alien H 01JKLlU:i M. :the 1-Ur.A;t J wd:A..ceA 01- th.e
[oun.tff 01- IIL6ema.nl.e.
JAeA.e ;;ent1emen W€Ae to culmi..n..udeA juA;Li-ce aJld p/Wmu1[Jrd..e th.e ~e weJ./.cvte
01 t.hJ.A [JAeoJ:. [oun.tff.
JAeff clU.L adnUn-VJ;te/l. th.e a./.f.a..Uu 01- IIL6eJna.1li..e aJld .in theM. wUuiom .in /762
th.eff di-vi..cLed AL6eJna.1li..e .ud:.o I-i..ve coun.UeA. /.W aA to make th.e /J.eat 01- YOVVU1/nerd..
cLo/J.eA to /wme I-O/l th.e peopLe.
moron of $5totts~ill~
~cottsuil1e, ~irginia: 24590
A. RAYMON TACKER
M(/I'or
'P a9-€- 2
COUNCIL
HAY W. CALDWELL
L GORDON AN ERSON
<AcORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCINDA B. WHEELER
J Au d.ec.i.Ai.JJn llKJA a d.ev~ff 6low to t..he Jown 01- 5 co:LI.Av.i..LLe} Io/L d
moved tAe [oun.i..y. Serd.. to tAe Li.i.i:1e Jown 01- [kvvLolie./J.v.J..Le.
t that tiIne t..hey. c.a1Led d p/LO 9/LeAA and. t..he (1d.wte llKJA i..n.. fjOod. h.an.elA.
i.6eITla1l1e h.aA fjOne Io~ jP/L fjOod. O/L LWll./.le tlvwu[Jiwut. all tAeAe man.y. ffWAAo
ew n(JJneA and. man.y. new fm:.eA h.ave appeall.ed i..n.. tAe al-/-aUu ot Ai.6€1T1.CVli.e and.
Y.eA muc.h.) muc.h. poLi..:licA. have 6een. employ.ed. i..n.. maneuvvW1.ff t..he maJl.y. p/L06i.eJTl/l ot
d.VU1 LiJ-e.
~lvwu[Jiwut. all tAeAe man.y. y.ea.M. Sc.oiiAv.J..Le haA. pi.ay.ed. an iJnpolli:rul.t pcvd i..n..
e at/-aUu ot Ai.6eITla1l1e} 6ut. 4i..n.ce we aILe /J.O /rut pwm tAe M.cLt ot YOVVU7Jnen.t
h.ave 6een. /J.OAi.a accepted. aA. a lliep-cJu.1d} /mowi..n..ff f.d-l- well that we aILe a
cvd of. Ai.6eITla1l1e 6ut. a;t tAe -1nJne tiIne /Lecuvi..n..ff l...i.me ai:.i:.en.ti..on.
ec.aw1.e we weIl.e an i..n..c.opo/Uded Jown t..he po4i..:tWn 01- & [0W/.tJ; llKJA :that we
ul.d take c.alte of. OWtlielVeA.
em6eAA of. tAe BocvuL - we have 6een. ta.IW1.ff calte 01- OU/L/1.elVeA tlvwu[Jh. d..i.4aAhwUA
oelA and. /J.-;teA} and. we have /Lea.clted. down and. pul1ed. up OUA. 600t /.dJwp/J. and.
me jPllJCVl.f:i will a d.~ami..c l...i.me town th.at we aAe Wz.Ce/Lely. p/LOud of..
ay.!) /Lemi..n..d. you th.at we /LeC.uved Ve/Ly. Lu:i:.le Aelp /-Mm Ai.6eJnaAl.e and. p~caJ.ly.
one /-Mm tAe StaJ:..e of. V.iA[fi.nia. i..n.. OUA. etjP.n..iA. jP/L /LeV~aLWn 01- ScoiiAv.J..Le
fLe/L t..he cLi..AaAi:AOUA fJ.-ooelA.
lvwu[Jh. pVt/lOnal c.oni:.aJ::.iA and. muc.h. maneuvvW1.ff tAe rnul.:li..-rnJ.J..i..on /LeA:hJ.ll.at.Wn
f.i..n..anced. 6y. tAe Jede..tUJi.. YOVVU7Jnen.t} MweVe/L aA. /J.Oon aA. t..he /LVJi:.o.II.at.Wn llKJA
ompi.etR.} OUA. p/LOpvd:..y. ia.xeA i..n.. Ai.6emcvJ..e [oun.i..y. llKJA d.ou6i.ed.
n.i..c.e t/uuJ? ffOu jP/L wlud.. we h.ad done on OUA. own.
mOUtu of ~tllttsttill~
~cottsui11t, ~ir9inia 24590
A. RAYMON TACKER
Muror
'P a[JR- 3
COUNCIL
JESSE B. GR VE. JR.
Town Allor f'l'
RAY W. CALDWELL
GEORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCINDA B. WHEELER
L GORDON AN ERSON
Treu.\'ure
]0 6e exa.ci..,/!J/t.JuAetLJ fIOUIt f-o/lJnetL Bowui Ch.auvnan WClA OppO/.Led. to OUlt whoLe
p
f)/ thaff A.a.i-d d couldn 't 6e done 61d we duin. 't Imow d,.w we went ahead
dUL -i.:.t.
d rna.ff 6e poMJ..6Le i:.ha;t /.Lome ot fIOu ~ i:.ha;t we G./te not .inte1Li.[fent
ugA to handle Jon.in[f aJl.d pLann.in[f aJl.d .in/lfec.ti..on/.L ot aJl. aAea aA. f/tOPO/.l.ed
.9 ndVL dUL yove;ul.O/t YOOch., i:.he C JlJJW17. YOVVU10.lt, uondVL .i..t the I-.i..ve ju.A.h..ceA
he appo.inted. to [fOVVU7. IIL6enz.a.;J.e .in /74-4- WVLe .intelLL[fent enough to handle
.w i.wtg..e a te.tULi..to/tff-
/!Ja .9 /temiJz.d fIOU i:.ha;t the G./teCL .in fl;uVJi:.A..on Ul whVLe we L.i..ve, whVLe we w.i.dt
to .Il.a.ue OUlt cJu..J..dA.en, whVLe we a6ho/t aJl.ff po.l.i..ti..c.a1 a~vdff i:.ha;t uould .in
I1XLff duvwpt the weL/nAe aJl.d well Dei.n.[f ot OUlt c.olTlllUlfl.dff.
60un.d.attff cu:LjUAiment woul.d nevetL have come a601d except f-o/t the lTIl1J1da.teA
td/ted. 6ff the V Ut;rUt.i..a lI..uem6Lff aJl.d the Jed.vud yo v vuvn.ent.
So to mea theAe /tefttd/tementA we CL/U!. appe.al-in;; to fIOWl 6e;t:teA. jud;;emeJL:t to
t OWl /teftue/d. f-o/t opwn p-ve, aAA.LlA.-in;; i:Aa;t we CL/U!. VVLff much. a pG..Jd 01-
ilL ~ C oun.:ty. aJl.d -1.h.aLL evVL /temoi.n. cu .w..c.h.
pM.m.aA.1f i:.a.xeA we paff -1.h.aLL conli.n.ue to come to IIL6enz.a.;J.e and OUlt [fOod heali:.h.
wefJ.a;te wJ.J.. 6e a pcvd. o/- fIOUIt [fOod heali:.h. aJl.d weL/nAe.
e 6enJme /.l.UCCeAAf.u1 .in OWl endeavoM. we will De ad.di.n[f .unp/WvemeniA and
to the whoLe ot IIL6enz.a.;J.e C oun.tff-
ff /teal.i..Je i:.ha:t d Ul .i.mpvu:di.ve aJl.d necVMIJP.fl i:Aa;t we lUJ.e ex.:i:Aeme caA.e
. .
<lClltttn of ~'nttsttill~
~cntt5uiIlt, ~irBinia 24590
MUI'OT
P af}2- 4-
COUNCIL
A. RAYMON TACKER
Trt'UJUff'
RAY W. CALDWELL
GEORGE W. DANSEY
JACQUELINE B. GROVE
ROBERT K. SPENCER
HUNTER C. WOODY
LUCINDA B. WHEELER
L GORDON ANDERSON
pLann.ing, CUl.d J-on.ing, .w aA to enhance the value of. tk.. p/Wpell.h..eA.
VOJ..ved CUl.d p/Wv.i..d.e a 6ei.i:.Vt corTll1UlJl.dff f.O/L aJ.J.. pwpJ..e to J..ive .in.
he ownVlA of. a dealt majo~ of. the /Leal p/Wpvdff envoJ..ved .in op:ti..on
. ve., h.ave exp/LeAA.ed tk...i.A cl.e.4i.Ae to come .into the C O/lpO.ll..Cd.e .Luru.tA of.
coilAvi..l.Le cuui. aile conv.inced i..h.a;t OWl. COfTllllW7..dy. would 6e 6ei.i:.Vt /lVtved
>hen we aJ.J.. woAhed tof}d.ltVt to make ScoilAv.J..l..e a ~v.ing, enVt[)-e.i:.h::
fTIIllW7..dy. aA d dwuLd 6 e.
/l!) .Look .in.. fIOWl. /m:-eA. tod.affJ!) /lee thVte :Ute de..4i.Ae of. fIOWl. hewr.t. CUl.d
to help ScoilAvi..l.Le, CUl.d tod.aff ffOu h.ave the pOWVt CUl.d
ppo.lLiJm.dff to make :UteA.e i:Jun.[}A happen.
he g)-fl:- of. Ufl.dVlAi:.aJ?d..in..g, CUl.d cW.in..g, th.at wh.i..ch .iA /U...;Yd- hnA .wmelww ak.aff/l
een. CUI. ac.Ju.evemen.t of. 5 coilAvi..l.Le.
e h.ave ak.aff/l thou;Yd- .in.. :tVllllA 01- w/z.a;t wcu 6eAi:. I-O/L AJ..6eJrlrLlde CUl.d we /li1il
eLi.eve d .<A the 6eAi:.. pl..a.c.e on e.aA.iJr. to Live.
t .iA. po-1Ai.6J..e tiud .i/ :Ute fIOUfl.g, pwpJ..e of. tod.aff Ufl.dVlAi.ood the /leal hwu:!du.p/l
ffeAi:..vuLa/fJ AmvU..ca. could f.ac.e up to i..tA mrmff p/W6J..etTl/1 will a ded/-ad- hope
a 6/U...g.hi.eA tornolVWW.
!) aLw /uww th.at the pwpJ..e of. ScoilAvi..l.Le wi..l.L h.ave theiA 1lfi.JUiA J..ifi:-ed CUl.d
e.i.A f.ail:.h. /Lenewed. 6ff the oidpowUn.g, of. [fOodwi..l.L 6ff iJu.A Bo<Vl.Ci. .in [}/LGll:U.ng,
rnodeAi:.. /L~ueAi:. Io/L 60wui.aA.ff cul.fwd:ment num6ett f.ive.
[)1<:lT1IC~'T-D
'~,.', u. . 1.; TO C""""'D ''Cq-'- e.
--1-,., "I"-lf iJ ",.1'),
0'.. . ~e ~"'7 '.". . '-""
L "..-L' . '..
.. -...--~...,
County of Albemarle
EXECUTIVE SUMMARY
AGENDA
Scottsv
Line Adjustment
AGENDA DATE:
September 2, 1992
ITEM HUMBER:
q/ I (~5iJ? (~~
SUBJECT
A work
make
Scottsv
volunta
adjustm
ACTION:---1L-
INFORMATION:
the
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF C
Messrs.
ATTACHMENTS: Yes
REVIEWED BY: 47
BACKGRO
At the 1, 1992 Board of Supervisors meeting, a review was presented of the last public
informa meeting held by scottsville Town Council on June 3, 1992 (copy attached).
Earlier staff reports have provided two alternative considerations (Option 4 and Option 5)
along w'th the associated statistics (copy attached). Mr. Marshall will be prepared to share
the pub ic input he has received regarding the proposals. The Board Office has received two
letters on the issue, both in support of a boundary adjustment. One letter was from Mr.
William F. Meese, Esquire and the other from Ms. Marianne Ramsden, scottsville Branch Library
Manager
DISCUSS ON:
The Boa d may now decide to:
() hold a formal public hearing to gather public response county-wide
on the issue, and/or
() proceed to petition the Circuit Court to enter an order to establish a new
boundary line using either of the two options presented or develop a new
one, or;
vote to turn down scottsville's request for a voluntary boundary
adjustment, or;
continue discussions with the Town to reach a general consensus.
RECOMME ATION:
Staff r commends that the Board consider the Town's request and provide direction as to how
to proc ed.
92.125
....~./
;.:.: ~.
d>rd
I &" -~~ 6-j~f.:.J...-ri; '.,..,
.\J...', .' '.j.~ _1:i-"'-~ ~t!:"r',.d.,.~"",~
i"~:~~:~=; J.~...cL."'.F} ! --'-~
'.,' ,
'.
, .
County of Albemarle
EXECUTIVE SUMMARY
/
L:::-,l L:T'-u~'-r~.:::-~
;--. ""'l' ; 1 ". t ."\ (
AGENDA ITLE: scottsville Boundary
Line Ad ustment
SUBJECT PROPOSAL RE UEST: At its meeting
on June 3, 1992, the Board requested staff
to prov de a briefing of the public meeting
held by Scottsville Town Council on'that
same da e in order to reach a conclusion as
to the ext step in the process of
conside ing the Town's boundary adjustment
request
STAFF C
Messrs.
BACKGRO
regardi
attenda
Town's
Scottsv
that th
indicat
respons
indicat
Town Co
with fo
at this
The con
regardi
Town to
raised
cons ide
AGENDA DATE:
July 1, 1992
ITEM NUMBER:
( ')~ l. '10:,;;
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS:
r-
REVIEWED BY:
On June 3, 1992, scottsville Town Council held a public information meeting
g the proposed boundary line adjustment. There were approximately 50-60 persons in
ce at the meeting held at Scottsville Elementary School. Mayor Thacker reviewed the
ast accomplishments to explain that Council was looking out for the future of
lle. Mr. Marshall reviewed the advantages and disadvantages for each group of people
County staff had presented to the Board earlier that day. Delegate Peter Way
d to the crowd that his feelings were that the further away government is, the less
ve it is and that he hoped the Town never had to give up its Charter. Mayor Thacker
d he had received a number of letters of support for Option 5 and several members of
ncil spoke in favor of Option 5. A total of nine people spoke concerning the issue,
r speaking in favor of Option 5, two opposed to any adjustment, and three unsure at
time.
erns expressed centered around signage issues at the shopping center, assurances
g future tax increases, zoning, costs of running a larger town and the ability of the
manage a larger government. When requested to give a show of hands, thirty one
heir hand in support of Option 5, nine indicated opposition, and Option 4 was not
ed.
Mayor Tacker and Mr. Marshall closed the meeting by asking those who had feelings one way
or the ther to let their supervisor know as soon as possible.
RECOMME ATION: Staff provides this information for the Board's consideration and solicits
further direction to respond to the Town's request.
jbt
92.090
~.
~
SCOTTSVILLE BOUNDARY LINE ADJUSTMENT
Option 4 Option 5
Es Itimated Dwelling Units 66 94
Es Itimated Population 167 238
Total Dwelling Units (Town of Scottsville) 121* 121*
Total Population (Town of Scottsville) 239* 239*
Ad ki,itional Dwelling Unit Potential 324** 699**
Ad ki,itional Population Potential 820 1,768
To tal Dwelling Unit Capacity 390 793
To ftal Population Capacity 987 2,006
Total Developed Commercial Acreage
22
22
Total Undeveloped Commercial Acreage
10
10
Total Commercial Acreage
32
32
Tctal Acreage
457
848
Tctal Acreage (Town of Scottsville)
105
105
Tctal Combined Acreage
562
953
* Bureau of the Census, 1990.
** Data derived from a build-out scenario utilizing Comprehensive Plan
land use designations.
Note: Population = total dwelling units x 2.53 (average number of
persons per household - 1990 Census) except where indicated
by "*"
Prepared by the Albemarle County Department of Planning and
Community Development
\., t\ ".'
County of Albemarle
EXECUTIVE SUMMARY
j'
STAFF C
Messrs.
AGENDA DATE:
June 3, 1992
~'.pE~; NUMBBRj
';~:~? ..r. 5 ,.v ,.)-
AGENDA
Scottsv
Cons
Adjustment Pros and
ACTION:
INFORMATION:~
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
Huff
REVIEWED BY: ~
BACKGRO
At the
adjustm
current
5 bound
oard's public information forum in Scottsville regarding the proposed boundary line
nt, staff was requested to develop a set of pros and cons of the adjustment for: (1)
Scottsville residents, (2) county residents living outside of town but within Option
ries, and (3) county residents living outside of Option 5.
DISCUSS
The enc
of the
added f
felt wa
Town Co
June in
assuran
ON:
osed attachments reflect staff's perspective of advantages and disadvantages to each
hree groups identified by the Board. An additional component of "Issues" has been
r those items which may not clearly fall into the pros and cons categories but staff
important to keep under consideration. As a note, Mayor Thacker has indicated that
ncil intends to hold an educational session at Scottsville Elementary School in early
rder to provide the Council with an opportunity to better explain their request and
es that have been made.
ATION:
commends that the Board set a work session at its July day meeting to consider a
f Town Council's meeting and to discuss the direction the County is to take on the
92.073
Proposed Boundary Line Adjustment
County Residents Not in Option 5
Advantages and Disadvantages
J.dvantaaes:
. adjustment may help secure viability of
historic town that once served as the county
seat of Albemarle County.
risadvantaaes:
. will mean a loss of revenue to Albemarle
County of approximately $62,000.
. County's Comprehensi ve Plan will no longer
apply to area incorporated by the Town.
. creates a larger group of property owners and
businesses who could potentially have
different tax rates than other businesses and
residents in the county.
Issues:
. may provide impetus for Town to annex other
parts of the County in the future.
.~
Proposed Boundary Line Adjustment
Option 5 Residents
Advantages and Disadvantages
Alivantaaes:
· opportunity to vote for elected representative
who represents a smaller geographic area and
will conduct the business of government within
the limits of the Town.
. additional police presence to supplement
County Police Department regular patrols.
· limi ted street maintenance (cleaning) above and
beyond what is provided by VDoT.
D sadvantaaes:
.
residents subject to property tax
independent of County decision-making
changes
· has the potential of creating confusion as to which
unit of government has responsibility for
particular services
· land use decisions made by Town Council who may not
have advantages of full time staff input, review,
and recommendations
I~sues:
· new residents will be of sufficient numbers to
change the direction of the Town governing body
through the election process.
· Town presently has a mandatory refuse collection
fee that in the future may be different than that
charged by private haulers now collecting in the
Option 5 area.
.. .
Proposed Boundary Line Adjustment
scottsville Residents
Advantages and Disadvantages
AClvantaaes:
· increased population and voter base to serve on
boards and commissions.
. increased tax base - property, businesses,
decals, utility tax, etc.
. increased revenue transfers from the County
- sales tax % based on school age children
- state ABC & wine profits % based on population
. larger area over which Town governing body can
exert control in such areas as land use, street
maintenance, utilities, etc.
.
provision of governmental
future, for the Town of
expanded to a greater area.
services, present and
scottsville would be
Dlisadvantaaes:
· larger area may create greater demand for
additional services.
· costs of providing additional and/or expanded
services should be expected to increase somewhat,
depending on levels approved by Town Council.
Il;sues:
· creates an influx of new residents with divergent
ideas which may affect the "sense of community"
that the Town presently has.
· new residents will be of sufficient numbers to
change the direction of the town governing body
through the election process.
R~H,II/dbm
9 .054
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1 J'"l t.:J I~ i ~
30 June 1992
Mr. Forrest Marshall
Supervisor, County of Albemarle
401 McIntire Road
Charlottesville, VA 22901
Dear Mr. Marshall:
As a resident of the area to be included within the
proposed boundary adjustment of the Town of Scottsville,
under both Option 4 and Option 5, I am writing to set forth
my view and opinions regarding the matter.
Primarily, and most importantly, I pray that the Board
of Supervisors will reach its final conclusions and vote on
this matter solely on the merits of ~bsi_ia_Q~Et_fQ~_Eng
Q~~Q~g__~~_ib~_~bQl~_Qf_ib~_IQ~Q_Qf_~~Qtta~ill~. That is to
say that I hope politics and individual grievances are not
made a part of the evaluating and determining process. The
voices heard most vociferously at the joint hearing of the
Town and County is why I make this plea. Many of the remarks
were borderline asininity, to say the least, such as "just
have the County give money to t.he Town," "dislike of the
Mayor and local politicians," "worry about nominal costs for
garbage pickup," etc. Fut.ure survival and viability of the
Town of Scottsville is the one and only issue at hand anc
this viability will come about only with the proposed
boundary adjustment. I trust it is not merely loud and
irrati anal voi ces that i mprE:ss the Boaj . l,f S...pc.,-vi sors.
HO"Jever ~ if that is thE- Ci: I wi 11 ....0 ."y best to r ai se mi ne
at. t.he ne:-:t heari,'J.
r stro',gly suoport Option 5. Specifically, Option S
will add an additional 98 residences, or 238 people, doubling
the Town population. It will also add 848 acres, not a
significant ~arcel in relation to the County's overall land
base. Howeve~, this acreage is significant to the Town in
relation to what now constitutes it's boundary. The most
significant fact. i!:..; that it is "people" the Town seeks fClr
future viability. Of course, acreage will, of necessity, go
with the people.
As to the economics of this Boundary Adjustment, the
fiscal impact on the County will be quite insignificant under
either Option 4 or Option 5. Unlike annexations by the City
of Charlottesville, Scottsville would not be taking away a
major tax base from the County. The approximate loss under
Option 5 of $61,000 is only $11,000 more than Option 4.
Again, to the County these numbers are not very significant
in its overall budgeting, but are very significant to the
Town of Scottsville. The difference between Option 5 and
Option 4 to the County represents $11,000, but to the Town it
represents an additional 70 people and 400 acres.
...
The foregoing expresses what I believe is necessary for
the future viability of the Town of Scottsville. On a more
personal note~ I would like to express why I would like to be
a resident of the Town of Scottsville. For more than six
years now I have I ived "ne>:t door II to the Town. It is much
like a young child who lives next door to other children but
doesn't go to the same school with them and cannot play with
them on a daily basis simply because of where the house is
located. I feel like I am part of the Town ~ I parti ci pate
in projects to enhance living in the Town and insure its
future~ as well as preserve its rich historical past. But,
the key mi ssi ng el ement is I AI"! NOT PART OF THE TOWN. Thi s,
on a personal note~ is why I look forward to the boundary
ad justment.
In conclusion~ I trust you, as well as your fellow
Supervisors~ will~ as mentioned above, reach a final
conclusion and vote on this matter solely on the merits of
what is best for and needed by tng_~bQlg_Qf_tbg_IQ~Q_Qf
e~Qtt2y.ill~. In the alternative, to bring it down to
individual personal, selfish desires, a vote by all residents
within the propused boundary adjustment area(s) could be
held~ wit~ a simple majority deciding the issue.
Respectfully,
'/." ,. "
./
II
Richard H. Shaffer
'--
/. j
cc= Chairman Bowe~man
Supervisor Bain
Supervisor Humphris
Supervisor Martin
Supervisor Perkins
Mayor Ramon Thacker
Jesse Grove~ Town Attorney
Edward H Ba n. Jr
SarTlu(!i Milk r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296,5843 FAX (804) 972,4060
June 8, 1992
Forrest H Marshall. Jr
SC()!lsvilk
David P Bow rman
Charloltesvil
Charles S Martm
R,vanna
Charlotte Y umphrrs
Jack Jouen
Walter F Perkins
While Hall
,
and
24590
Scottsvill~ Boundary Adjustment
ar Ms. Abbitt and Mr. Sushka:
ank you for your letter in support of the proposed boundary
justment for the Town of scottsville. As you know, the Albemarle
ard of Supervisors and Town Council of scottsville recently held
public forum to discuss this matter and the information provided
s very beneficial to the Board. The Town Council recently has
ld a subsequent forum and comments from that meeting will soon be
ovided to the Board of Supervisors. The Board plans to discuss
is matter further, during the month of July and hopefully render
decision soon thereafter.
ain, thank you for your comments as it relates to High Meadows
n and we look forward to your continued interest in this matter.
Sincerely,
W~~
David P. Bowerman
Chairman
Albemarle County Board of Supervisors
~
.....
,. //
Mr. Forrest R. Marshall, Jr.
Supervisor, scottsville District
Albemarle County Board of Supervisors
" Fie"
401 McIntire Road
~ ~
Charlottesville, VA 22902
, <
, .
The Daily Progress published an article on June 4, 1992
about the expansion of the Scottsville Town boundaries.
I found the article to be very misleading in one respect and
have written the Editor expressing my views. A copy of this
communication is enclosed.
I am surprised that a vote on this matter would even be con-
sidered because of the manner by which it was taken. The
residents of the Town of Scottsville can be expected to vote
as a block because they, and the Town, will benefit greatly
by the expansion.
I suggest that the minutes of the meetings of the Committee
formed to explore the boundary line adjustment be made public
so that the people will be fully informed.
Respectfully;
~~L~~_~
ESw~~~~iildersleeve
R-1, Box 213
scottsville, VA 24590-9741
Chairman, Albemarle County Board of Supervisors
IE/Vc!. L "
(i)
.. -....
"Readers' views"
June 4, 1992
The Daily Progress
P. O. Box 9030
Charlottesville, VA 22906
'Subject: scottsville Boundary Line Adjustment. Page B-3 (6-4-92)
The Town of scottsville invited concerned citizens to a
Public Hearing at the Scottsville Elementary School on
June 3, 1992 to give everyone the opportunity to ask questions
and to speak regarding the proposed boundary line adjustment.
This invitation did not state or imply that a vote would be
taken and sent to the Albemarle County Board of Supervisors.
Those voting for expansion included members of the Scottsville
Town Council, Town employees, other residents of the Town of
Scottsville and a few homeowners living outside the present
Town limits. This hardly represents the views of many in the
Scottsville-area who will be affected.
Scottsville District Supervisor Forrest R. Marshall, Jr., at
the Public Information Forum on May 14, 1992, requested that
homeowners and others in the proposed expansion area write the
Board of Supervisors and tell them of their objections to or
approval of the boundary line adjustment. These are the letters
that should count and the "Tammany Hall" type votes should be
disregarded.
1fti44~~ ~-L~
EDW RD G. GItDERSLEEVE
TELEPHONE:
(804) 286-2999
Stony Point Subdivision
R-1, Box 213, Scottsville, VA 24590-9741 (SH 790)
Mrs. George B. Wheeler, Sr.
"CliHview", Bird Street, Box 44
ScottsviIIe, Virginia 24590
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June 3, 1992
Mr. Forrest Marshall
Albemarle County Office Building
401 Mcintire Roa-d
Charlottesville, Virginia 22902
Dear Mr. Marshall:
As a property owner both in the Town of Scottsville and in the
proposed annexation area, I would like to ask for your support
in favor of the Town of Scottsville annexing a portion of Albemarle
County. This is desperately needed to add people necessary to
run a viable community and town.
I certainly see a lot of advantages to the proposed annexation
because it will add a larger nucleus to make the area healthier.
As you know, areas must have some type of input to maintain
what they have and certainly to improve any type of community
activities. The only negative issue that I have heard discussed
is the fear of some of increased taxation. I think that is certainly
always a possibility but I do not think that it should keep this
proposal from happening. I know that service will be improved,
particularly in the field of police protection. Also, with regard to
trash collection, we are now paying a higher rate than we would
be paying if we were a part of the Town of Scottsville.
Again, I would like to urge you to vote in favor of the proposed
annexation.
Sincerely,
f'cu& 1'\'\. CJ!J.,~jr
Paul M. Coleman
PMC/kg
AUCTIONEER · SALE MANAGEMENT · REAL ESTATE · TENT AND SALE FACILITY RENTAL
,
May 31, 1992
Route 2, Box 9
Scottsville, VA 24590
Mr. Marshall,
We are writing you in your capacity as our representative on
Albemarle County Board of Supervisors. The issue at hand is
e proposed expansion of the boundaries of the Town of
S ottsville. We were away from the area when the issue was
d'scussed on the evening of May 14 and were unable to attend the
t wn meeting at Scottsville Elementary School, but we wish to
h ve our views knownand understood.
Up front we want you to know that we fully support the
oposed boundary adjustments to the Town of Scottsville.
Our property, known as Riverview, is on the bluff above
ottsville. We have a few lots at the front of our property
ich are already within the Town, but our house and the residual
approximately 24 acres are outside of the current Town
undaries. Consequently, we are not officially residents, we do
t pay taxes to Scottsville, nor are we able to vote or run for
fice in the Town. Both expansion alternatives under
nsideration would include our property and result in our
gaIly becoming residents of the Town.
The expansion of Scottsville's boundaries has been of
nsiderable interest to us ever since we moved to Riverview some
x years ago. Even though we are not officially residents, we
ve adopted Scottsville as our home and feel a deep kinship with
is historic town, its people, and its past -- our home is one
the oldest surviving houses in the immediate Scottsville area.
are actively involved in community affairs and activities.
regularly attend Scottsville Town Council meetings, even
ough we are not eligible for election to the Council, for being
pointed to serve on the various boards and committees, or for
ting in the Town elections.
When the concept of changing the Town's boundaries was first
riously proposed some time ago our reaction was one of concern,
r three reasons.
o One is associated with the Town's historic past. Among
our pastimes is to research Scottsville's historic
development and it impressed us that the same boundaries
have been maintained for some 150 years. It concerned us to
have something changed that had lasted for so long.
o Another was that the interests of the Town may result in
zoning conditions which are more restrictive than those
imposed by the County, thereby preventing us from using and
building on our land to rural standards -- e.g., adding out
buildings and having farm animals.
..
o Finally, after having moved from the over developed,
hectic conditions of Northern Virginia, we were concerned
that expansion might promote a level of development which
would be inconsistent with the small town nature of
Scottsville. We particularly like that aspect of
Scottsville and would hate to see it changed -- the word
"development" triggers grave apprehensions for us.
We continue to be concerned and vigilant about these
f~ctors, but as time goes on several other mitigating and
o~erriding considerations have become evident to us. For
ejKample,
o the Town's current budget is too small to finance many
desirable community improvement projects,
o qualified and interested candidates for serving on the
Town Council are few,
o key decisions on certain local Scottsville area issues
are presently made by the county government from a county-
wide perspective, and,
o finally, the sleepy little Town of Scottsville needs to
be woken up to become aware of and achieve its potential.
We now are convinced that there is a prominent net advantage
favoring the proposed plan and, as stated earlier, favor its
a~option by the Albemarle County Board of Supervisors.
Two consequences of expansion particularly appeal to us.
F~rst is that the people of the Scottsville community will have a
m~ch greater control of the outcome of decisions on local issues
and how they are implemented within the greater Scottsville area.
T~e community will be able to debate and resolve those things
w~ich affect us. This means greater responsibility for the
gpverning body of Scottsville. This introduces the second key
cDnsequence for us personally. We want to be able to be
"pfficial participants" in the governing of Scottsville. We will
b~ able to cast our vote for Town Council candidates, have the
option to run for office, and be eligible to serve on the various
cbmmittees appointed by the Council.
We thank you for your consideration, your continued support
fbr the residents of the Scottsville area, and your proponency of
t~e expansion plan within the Board of Supervisors.
~~
TIMOTHY M. SMALL
~~
SANDRA J. SMALL
Law Office of
William F. Meese
Barclay House, East Main Street
P,O. Box 127
Scottsville, Virginia 24590
(804) 286-2222
21, 1992
ij:';
'." '"
e Honorable David P. Bowerman,
airman
bemarle County Board of Supervisors
1 McIntire Road
arlottesville, Virginia 22902
~.~ (I A. i.?,' ,C". ',: (~..' r "
. , r- ~'j LJ !.'.> r- f)\/ f q ("J t< .j~
Re: Scottsville boundary adjustment
Chairman Bowerman:
The real issue before the board is whether the historic Town
o Scottsville will continue to grow and thrive. Obviously, the
a justment is necessary to bring in more voters and to increase
r venues. The majority of people in town, including businessmen,
a e in favor of extending the boundary.
Many of the objections raised at the meeting seemed to be
sed on emotion and political questions. Others seemed to be
sed on a lack of understanding of the effect of the adjustment.
y increase in garbage collection rates, as pointed out by the
ners of Chester, is state mandated. In all likelihood, the
z ning laws and the manner in which zoning is regulated and enforced
w'll remain the same. The real difference will be a local zoning
bard that is closer to home.
For some unknown reason, a few people have gained the per-
ption that the town Council is against growth. Nothing could
further from the truth. I re~ently opened a full time law
act ice in the town, and everyone, from Mayor Thacker to the
uncil and local business, has been very supportive and encour-
a ing.
Hhether or not a business owner lives outside the town and
t ere for cannot vote may be a non-issue. This is true of all
c'ties and towns. But business owners can still influence and
1 bby the Mayor and Council. They may have a more sympathetic
e r in the long run.
Even though the gross receipts tax will increase by .38~
r $100, most businesses may not object since personal and
al property taxes will decline when we no longer pay those to
e town.
Perhaps, for the sake of simplicity, all of the land in the
w tershed should be under either the county or the town's juris-
d'ction. One governing body should control and protect the
tn's water supply.
The board should vote for the greater good. If Scottsville
d es not continue to grow, the area may stagnate and property
values may decline. That would mean less revenue for both the
county and the town. Neither can afford that now.
ReSP~bmitted'
i State Fann Sells Life Insurance.
TED A. BARTLE SKI AGENCY, PHONE (804) 977-0203
Auto-Life-Health-Home and Business
125 RIVERBEND DR, ST. 2 (PANTOPS AREA), CHARLOTTESVILLE, VA 22901
LICENSED STAFF: K. Laurick CPCU, F. Moore, A. Lucas, M. Taylor
May 20, 1992
Forrest R. Marshall, Jr.
Supervisor-Scottsville District
401 McIntire Road
Charlottesville, Virginia 22901
Dear Mr. Marshall:
We wish to go on record as requesting that you vote for the
proposed boundary adjustment for the town of ::icottsville.
This is something the town needs to continue to exist. It
is in dire need of qualified persons to serve on the town
council.
Secondly, the town must move forward or it will slide
backwards. This adjustment could bring the needed growth
as far as industry is concerned and could means more jobs
for the local people, who now must travel 20 miles or more
for employment.
The town has suffered through many hardships and setbacks,
such as fires and floods, and has certainly waited patiently
over the years for its turn for growth.
We urge you and other board members to give Scottsville the
break they desperately need and grant the boundary adjustment.
si~Ee~y ,),/
e 2.C~~ //;/ c~/ '/,
'" r::J.4 "_<--"~ .v Y '---""'--< '~<........
Clyde J. Moore
Frances G. Moore
fm
I
Edward H Sai . 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
June 8, 1992
Carrest R. Marshall. Jr
Scoltsville
David P. Sowe man
Char\ottesvill
Charles 5 Martm
Rivanna
Charlotte Y H mphris
Jack Jouett
Walter F. Perkins
White Hall
. Edward G. Gildersleeve
ute #1, Box 213
ottsville, Virginia 24590-9741
scottsville Boundary Adjustment
ar Mr. Gildersleeve:
ank you for your letter regarding your sentime~ts and petitions
ncerning the proposed scottsville Town limit boundary adjustment.
you probably know by now, the Town of scottsville has held
other public forum recently and comments from that meeting will
b provided to the Board of Supervisors. The Board plans to
d'scuss this matter further in July and hopefully render a decision
i the near future.
ain, thank you for your comments and continued interest in this
tter.
Sincerely,
tJv:r~~
David P. Bowerman
Chairman
B/dbm
.037
Albemarle County Board of Supervisors
R-1, Box 213
scottsville, VA 24590-9741
May 16, 1992
Mr. David P. Bowerman, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Bowerman;
It was a pleasure to make your acquaintance last Thurs-
day evening at the Scottsville School where the Albemarle-
Scottsville boundary line adjustment was discussed.
I am especially grateful to you for the curtsy shown
when you requested that I relinquish my floor time for a
brief period. Your request was in sharp contrast to the
demand of one member of the Scottsville Town Council that I
"SHUT UP, SET DOWN AND LET OTHERS SPEAK" or words to that
effect with the same meaning. I think this demonstrates with
great eloquence my reservations about being incorporated into
the Town of Scottsville.
A rumor is being circulated to the effect that the
boundary line adjustment has been killed. I think this is
political trickery. A petition opposing the adjustment is
being circulated and will be sent to you shortly.
Most sincerely,
- MA~~~~
'./ . ) ( -
Edward G. Gildersleeve
COPY: Mr. Forrest Marshall
Scottsville District Supervisor
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arle County Board
y Office Building
cIntire Rd
ottesville, VA
of Supervisors
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Ma:f14, 1992
<: .~:)
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\.: ;..
Dear Madam and Sirs, ";c/~:. , i
This evening I attended the public hearing Qoncerning
oundary line adjustment in the Scottsville area. I am
resident of Scottsville, I am not a resident in either
e areas proposed for adju~tment, neither am I a business
. However, I do have a vested interest in the future of
own of Scottsville. I am the Branch Manager at the
sville Branch of the Jefferson-Madison Regional Library
m and the prosperity and welfare of Scottsville is close
heart.
Unless Scottsville is allowed to grow the town will die.
er wants to move to a dead or dying town? The charm of
sville brings people from allover. My initial feeling
the boundary adjustment was that the town would not
its character if the people from the immediate area were
in". I felt the charm of the town was primarily due to
mallness.
I've since changed my mind and feel a boundary
tment is absolutely vital to the town's survival. Option
the only option available to ensure a continuation of
sville. We need more talent, more energy, more vigor,
diversity and above all more power. The addition of the
ents in Option 5 would give us that. The added revenue
minor importance, but will, naturally, be necessary to
Ie to serve the increase in property and population.
The arguments I heard tonight from residents in the
n 5 area do not hold much water, any-which-way. Ed
rsleeve was concerned with two things: Increased trash
ction fees ( and it being compulsory ) and the fact that
ants who do not reside in the adjusted area would have
te in the running of the town.
Trash collection is at the present time compulsory for
all esidents. I'm not sure I like that idea myself. Ed is
reti ed. It's only he and his wife Odell who accumulate
tras at their residence. And not a whole lot of it. If I was
in is position I'd rather take a ride to the dump a few
times a year ( his estimate of going to the dump only twice a
year does not sound credible) than paying $120 to have bits
and ieces hauled away. Now, Ed is a very responsible
person. He would no more throw trash aside the roadside than
kic his dog. Other people might. Many other people do.
What Ed ought to be aware of is the fact that this ordinance
can e changed. No ordinance is ever written in stone. If
eno gh people speak up, a change can, and often will, be
done. With enough creative people on town council an
alternative could be found. If a transfer station is ever put
in eene, I am sure Scottsville government will amend this
ordinance.
Town merchants who live outside the corporate limits
., .
III u ...
ED AND ODELLE GIWERSLEEVE
Route 1, Box 213
Scottsville, Virginia 24590-9741
May 11,. 1992
Mr. David P. Boderman, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
This letter is in regard to the proposed boundary line
adjustment referred to as Option 5 between the County of
Albemarle, Virginia and the Town of scottsville, Virginia.
We have lived in the scottsville area since 1951 when we
bought Springfield Farm (now known as Spring Hill Farm)
located on SH 712. We moved to our present home on SH 790
(Stony Point Subdivision) in 1960.
To emphasize, we have lived, owned property, paid taxes and
voted in Albemarle County for over 40 years. We are satisfied
with our present form of Government and do not want a change.
Several hours have been devoted to conversations with the
Mayor and 3 members of the scottsville Town Council, citizens
of the Town and others who would be affected by Option 5.
We do not feel it is in our best interests to be dictated
to (governed by) a Mayor and 6 Council members. Small town
politics are offensive to us and we want no part of this kind
of Government.
Sincerely,
~~
'" .
,,/
COPY: Mr. Forrest Marshall
scottsville Dist~ict Supervisor
t'J:.ftlfl!<z ' ,7:.' A'(~d!~'~~(,L~)/
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Edward H. Bin. Jr.
Samuel Mill r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Forrest R. Marshall. Jr.
Scottsville
David P. Bo fman
Charlottesvi Ie
Charles S. Martin
Rivanna
Charlotte Y. umphris
Jack Jouett
Walter F. Perkins
White Hall
MEMORANDUM
Board of supervisors
Ella W. Carey, Clerk, CMC (j;;2c'L.
July 2, 1993
Reading List for July 7, 1993
pag-esl- 20 (#9b) - Mr. Baink.(d\
pages 2-0. (#9b) - 38 (#20) - Mrs. Hu.mphris V, (
-pages :3 8 --t#-2-&-)' - end - Mr. Perkins' k!l {,_ ( \..,.
4, 1992 - -paqes-3 2- -- end - Mr. Bowerman \ l,'
i
1, 1992 - pages 1--,17 (#8) - Mr. Bowerman k'( (..(t,-
pages--1,-r#8)'- 34 (#15b) - Mr. Martin \.._
pages 34 (#15b) - end - Mr. Marshall
1992 - All - Mr. Bain
17, 1993 - All - Mr. Marshall
\
-1:'2-,-3:993 ,(A}- All - Mr. Perkins k /, 1((,.
fAt----A-H''- Mr.
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Ba1n i\ Iu(l-
ne-16,1993 (A) - All - Mrs. Humphris "'-!i l'.( (,,__
*
Printed on recycled paper
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/(;9-r;~-
Payne & Hodous
Attorneys at Law
412 East Jefferson Street
Charlottesville, Virginia 22902
? ~, 0'7 ()_~:"b;( ()
Frederick . Payne
Robert P. Hodous
Telephone: 804-977-4507
Facsimile: 804-977-6574
October 7, 1992
M'ss Lettie E. Neher, Clerk
A bemarle County Office Building
4 1 McIntire Road
C arlottesville, Virginia 22901-4596
By hand
206-89--Abandonment of State Route 629 (Brown's Gap Road)
Estelle:
Enclosed please find two items for the consideration of the
ard of supervisors in connection with the above-captioned matter.
e first is a sketch for the gate which is proposed to be
stalled by Rippers at the new end of public access. This sketch
s prepared by Mr. Ripper and is generally to scale. The second
em is a set of photographs showing the upper section of the road.
ese photographs were taken by Mr. Ripper during the late summer
this year. The specific descriptions are set out on the
tached sheet.
In addition to these items, we would like the board to see a
sort videotape showing the existing condition of the road. This
t pe was made last weekend and lasts approximately 1/2 hour. The
R'ppers are having the tape edited so as to last about 10 minutes,
b t the original, unedited version will be available also if any
q estions arise concerning it. Please have appropriate video
e uipment available for the meeting. If there is any difficulty
w'th this, please let me know so that we can provide the necessary
h rdware.
If you have any questions, please let me know.
Sincerely yours,
~~
Frederick W. Payne
E closures
c (w/o enc.): Mr. and Mrs. E. H. Ripper
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FACT SHEET ON THE BROWNS GAP ROAD
. new 3D-foot wide easement will take the place of the existing 3D-foot wide easement. There will
n t be even one moment when the County does not have an easement. The County is not being
ked to "give" the Rippers anything.
. e easement will be recorded in the Clerk's Office and will be binding on all subsequent owners.
· e easement will provide for pedestrian, equestrian and bicycle use and will only prohibit
otorized vehicles, except authorized and emergency vehicles.
· e upper section of the road has not been maintained by VDOT or anyone else for over fifty years
is barely passable by the hardiest of four-wheel drive vehicles.
· aching, trash dumping, littering and vandalizing will be greatly reduced on the road and
S enandoah National Park.
· losing of the road to vehicular traffic will greatly enhance the use of the trail by legitimate users.
. e Rippers will be required to do the following, at considerable personal expense.
. Establish and maintain a new parking lot.
. Clean up numerous dumps.
. Pick up trash.
. Maintain the road.
. Erect historical markers.
. leaning up the trash dumps will improve the quality of the water in the Doyles River -- which flows
i to the South Fork Rivanna Reservoir, the County's single most important source of drinking water.
· losing of the road to vehicular traffic will greatly reduce the ability of subsequent owners to
d velop the land commercially.
. S enandoah National Park, the Albemarle County Parks and Recreation Department, VDOT, our
1 cal game warden, and various law enforcement agencies support the Rippers' petition.
k Reeder, President
tomac Appalachian Trail Club (PATC)
Tim Lindstrom, Director
Charlottesville Chapter
Piedmont Environmental Council
· e following individuals, speaking for themselves only, are among the many that have expressed
a 'Proval of the Rippers' petition.
evin Bishop, President
'harlottesville Chapter of the PATC
Jack Marshall, President
Citizens for Albemarle
dney Rich, longtime Browns Cove resident
.
~
1
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1
2
3
4 14
'-J ..
APPLICATION FOR ABANDONMENT OF BROWN'S GAP ROAD
LIST OF PHOTOGRAPHS
Submitted October 7, 1992
er
Description of scene depicted
Water break in state-maintained portion of
road--cut has been filled with rocks, limbs,
etc., by persons unknown to improve travel,
thereby obstructing drainage
End of state maintenance, looking uphill
(north)
Portion of road beyond end of state
maintenance looking uphill (north)--black
object near center of photo is buried
telephone cable which has been exposed due to
soil erosion of roadbed
Sections of road above end of state
maintenance, all views looking uphill (north)-
-in sections depicted, travel is possible,
with difficulty, in four-wheel drive
Brush cuttings recently dumped along road by
persons unknown
All photographs taken by E. H. Ripper in late summer of
1992 and fairly depict the scenes they represent as those
scenes existed at the time the photographs were taken.
,{
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Bruce B. Gordon
P.O. Box 46
Free Union, Va.
22940
October 14, 1992
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, Va. 22902
Dear Board of Supervisors,
As a resident of White Hall, and a member of the Potomac
Appalachian Trail Club, I want you to know that I strongly
endorse Mr. and Mrs. Ripper'S request to close State Route
629 to vehicular traffic.
The Brown's gap turnpike was made famous by Stonewall
Jackson use of it during the civil war, but Jackson didn't
drive a car or truck, and at the time the road did not dead
end at a park boundary.
The closing of the road will save the taxpayers the
maintenance of a road which serves no practical purpose, and
provides access for illegal hunting or illegal dumping.
I have been hiking into the Shenandoah National Park from
Brown's Cove for over thirty years. To hike in from the
parking area which the Ripper's promise to provide will only
increase my enjoyment. A chance to hike into the park
through the beauty of an old Appalachian farm such as
Brightberry would simply add pleasure to the hike.
To those of us from Albemarle County it is imperative that
eastern access to central section of the Shenandoah Park
remain open. In future years these entries into our
beautiful mountains will become more and more appreciated by
the community.
Under no circumstances should the access by foot, horse or
bicycle be prohibited from the Brown's Gap Turnpike, however
the access by motorized vehicle provides no useful benefit
to anyone.
Please vote to abandon State Route 629 in Browns Cove.
erely,
Bruce B.~d~~
I ~ .
DEED OF DEDICATION OF EASEMENT
THIS DEED OF DEDICATION OF EASEMENT, made this /'1"'-- day of
1992, by and between EDWARD H. RIPPER and PHYLLIS O.
husband and wife, Grantors; and THE COUNTY OF ALBEMARLE, a
1itica1 subdivision of the Commonwealth of Virginia, Grantee,
WITNESSETH:
WHEREAS there exists an old road in the County of Albemarle
c mmonly known as the "Brown's Gap Road"; and
WHEREAS the said road was formerly a public road but has been
andoned as such public road by action of the Board of Supervisors
Albemarle County; and
WHEREAS the Grantors are the owners of a certain tract of
1 known as Brightberry Farm, lying in the White Hall
gisterial District of Albemarle County, more particularly
scribed hereinafter; and
WHEREAS the portion of the said road which has been abandoned
l'es over and across the said lands of the Grantors; and
WHEREAS the abandonment of the said road has been conditioned
i accordance with law upon the dedication to public use of an
sement for certain purposes as more particularly set forth
reinafter; and
WHEREAS the Grantors now wish to perfect the abandonment and
d dication aforesaid;
NOW THEREFORE, the Grantors do hereby GrVE, GRANT AND DEDICATE
T PUBLIC USE to the County of Albemarle an easement over their
1 nds in the White Hall Magisterial District of Albemarle County,
V'rginia, known as Brightberry Farm, containing, in aggregate,
'If ~
761.9 acres, more or less, more particularly described in two
certain deeds of record in the clerk's office of the circuit court
of the said County in Deed Book 1066, page 254, and Deed Book 1066,
p$ge 332, the said easement to consist of the following and to be
upon the following terms:
~ Physical extent of easement: The easement hereby
dedicated shall follow the course of the former Brown's Gap Road,
along the centerline thereof, and shall extend fifteen feet on
either side of the said centerline. The said easement shall begin
at a point ten feet from the northerly end of the current bridge
over the Doyle River, which is the end of state maintenance of
State Secondary Route 629, (hereinafter "the beginning point") and
shall extend thence in a northerly direction to the boundary of the
lands of the Grantor with the lands of the United States Department
of Interior, National Park Service, commonly known as the
Sfuenandoah National Park. In addition to the foregoing, from the
beginning point to a point 140 feet in a northerly direction, the
said easement shall have a width of 45 feet, of which 15 feet shall
be on the westerly side of the centerline and 30 feet shall be on
tfue easterly side of the centerline, such additional width being
f~r purposes of accommodating vehicular parking and turn-around.
~ Purposes of dedication: The said easement shall be for
purposes of public ingress to and egress from the Shenandoah
National Park, subject to the following:
(a) From a point beginning at the aforesaid beginning
p~int to a point where the road crosses the existing fence line, a
2
'If
distance of 140 feet, the said easement shall be for such ingress
and egress for the general public, including, but not limited to,
parking of motor vehicles and use by vehicles, employees and agents
of the Virginia Department of Transportation engaged in the
maintenance of Route 629 and other public roads.
(b) For the entire length of the easement, the said
easement shall be for such ingress and egress for, including
vehicles owned and operated by, the National Park Service; the
CQunty of Albemarle; the Virginia State Police; the Virginia
D~partment of Game and Inland Fisheries; the Virginia Department of
FQrestry; the Virginia Department of Transportation; all fire
companies and rescue squads operating in the White Hall Magisterial
District; and all utility companies and others having rights-of-way
a~ross the said lands of the Grantors.
( c ) For the entire length of the said easement, the said
easement shall be for such ingress and egress for the general
pu.blic for pedestrians, equestrians and human-powered vehicles
($uch as bicycles), but expressly excluding any vehicle powered by
amy motive power other than animal or human muscles.
~ Gate to be erected: A gate shall be erected adjacent to
tme existing fence line at the point described in paragraph 2.(a),
above. This structure shall include a gate which can be opened and
closed, of sufficient width to provide for the passage of the
authorized vehicles described above, and which shall remain locked
at all times when not in actual use by an authorized user. In
addition to and alongside this gate, a smaller gateway shall be
3
'IF
p ovided of a size and character sufficient to allow passage by
pl~destrians, riding animals and bicycles, but restricted so as to
p ohibit the passage of motorized vehicles. The pedestrian gate
s~all remain open and unobstructed at all times.
~ Construction and maintenance of easement facilities:
A I of the foregoing facilities shall be constructed to the
rl~asonable approval of the County and maintained by the Grantors to
a standard sufficient to ensure their continued utility by the
p~blic. Such construction and maintenance shall be at all times
pl~rformed in a lawful manner and so as to minimize grading,
e cavation and other land-disturbing acti vi ties, it being the
i ~tent of the parties to continue the property subj ect to this
e~sement in its present state to the maximum extent feasible so as
tlD enhance and protect the quality of the Doyle River and other
watercourses downstream. In maintaining the road as a farm road
flDr their own purposes, the Grantors will maintain the road in
rleasonable condition for use by pedestrians and non-motorized
vl~hicles. It is understood that this obligation shall not prohibit
a ppropriate maintenance by competent public authority if deemed
ac~visable by such authority.
The interest of the County hereby conveyed shall be a
plerpetual incorporeal hereditament in gross which shall continue as
a ppurtenant to the servient estate of the Grantors and their
s~ccessors in interest.
The interest of
cclmtemporaneously with,
the County shall vest in
and the dedication shall
the County
be expressly
4
'.
c nditioned upon, the abandonment of the rights of the public in
t e public road in the location of the easement hereby granted, now
o formerly known as the Brown's Gap Road, Brown's Gap Turnpike,
C unty Route 135 and portions of State Secondary Route 629.
WITNESS THE
(Seal)
D DICATION ACCEPTED:
C
Its duly authorized agent
AS TO FORM:
Attorney
C MMONWEALTH OF~~I
CITY OF war
,I,u., The foregoing instrument
1"t'!.J. day of (9CWbif
a d Phyllis O. Ripper.
was
acknowledged before me this
, 1992, by Edward H. Ripper
~d~)
NOTARY PUBLI
commission expires: DII '?llq(p
VIRGINIA
The foregoing instrument was acknowledged before me this
5
.
day of , 19___, by
of the County of
A bemarle, a political subdivision of the Commonwealth of Virginia,
OJ~ beha1 f of the County.
NOTARY PUBLIC
M~~ Commission Expires:
6
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October 6, 1992
Mr. David Bowerman, Chairman
County Board of Supervisors
County Office Building
401 McIntire Road
Charlottesville Va. 22902
Dear Mr. Bowerman:
I am writing to express my strong opposition to the proposed
closing of the Old Brown's Gap road (route 629).It may not
be possible for me to attend the open meetirgof the Board
scheduled for October 14th, but I hope that my views will be
noted.
I own a small piece of property in Brown's Cove, including
an 18th centu~y log cabin which is used by me and members of
my family as well as friends. Any change of the already limited
access will cause great inconvenience to me and doubtless
lessen ,_ the value of this real estate. The cabin itself
is of considerable historic interest I am told, and it is
essential that the public access remain available to me,
as well as to others who may be affected by this present
request. If #629 is closed to the small amount of traffic
which it now bears, it appears to me that hunters and others
will take other means to reach their destination resulting
in trespass, and in hunting season, possible life-threatening
situations.
Please give this letter your thoughtful and favorable
consideration; I believe that it reflects the opinion of
many other citizens of the area.
Sincerely yours,
~ u- U-t'OOlw . ~L-
Lucy Mdt:!. Hale
'.
October 6,1992
Board of Supervisors
Albemarle County
County Office Bldg.
MCIntire Road
Charlottesville, Va. 22902
Dear Sirs:
I hop e you will vote to keep state road #629 open and
free of access to the public. As you know probably, it
lies in a beautiful nature area and has considerable
historical significance, and as such it should be
preserved for ourselves and for our children as well.
Closing this road for any reason would be a blow to
our appreciation of the history of this region, and a
disservice as well to the memory of a very illustrous
Southern general, Stonewall Jackson. Please do not
do it.
Sincerely yours, .
ff~v~..~~
Richard J. Cougnlin
1204 Blue Ridge Road
Charlottesville, Va. 22903
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David P. Bowerman
Albemarle County Board of Supervisors
401 McIntire Road
i'." .', r',
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Charlottesville, VA
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Dear Mr. Bowerman,
I am a 10 year resident of western Albemarle, and live on
State Route 810 just south of the Old Brown's Gap Turnpike. I am
In support of the Ripper's desire to close the road to cars,
trucks and ATVs. I know the family that lived on the property
before the Rippers and I am aware of the problems that vehIcles
sometimes caused.
I have been informed that the Rippers are willing to r~eate
a parking area at the bottom of the road and to establish a gate
that will admit hikers and horse riders. I support the 'formal
c:losini.:~ o.f th.?, I'-oad '1.:0 vt?hicul,iH" 'b-a'ffic: ?:,:'.~. .l..9D..9. ?,:c2, tht~ public
stIll has access on foot. At the hearing I feel it is important
that you stress that the road is not being completely closed,
only restricted to pedestrians and horses. I have had the pleas-
ure of walking the road up to the park, and I wish to continue to
havE~ thii:l.t I'" i qht.
~:;i nc:et-t~l '/ ~
X/J~
.
..
'";
Payne & Hodous
Attorneys at Law
412 East Jefferson Street.
Charlottesville, Virginia 22902
)
Frederick
Robert P.
.Payne
odous
Telephone: 804-977-4507
Facsimile: 804-977-6574
September 15, 1992
Gorge R. St. John, Esquire
C unty Attorney for
Albemarle County
416 Park Street
C arlottesville, Virginia 22902
As I noted to the Board of Supervisors, I believe th?t it is
emature to discuss the final form of a deed of easement at this
time, when the Board has not decided the matter in principle.
wever, since you appear to maintain that your review is a
cessary prerequisite to the Board's consideration, I have
epared a draft easement for your review. This draft is enclosed,
d I respectfully submit it for your consideration. Please note
at I have included in this draft only those portions of the
plication which are of a permanent nature, appropriate to be
r corded among the deeds in the Clerk's Office. The other portions
of our application are intended to continue in effect in addition
t the terms of this easement. Secondly, I have attempted to
a dress the concerns expressed by Mr. Roosevelt and Mr. Cilimberg,
with respect to use by VDOT for maintaining Route 629 (see
paragraph 2.(a)) and for general access by County vehicles
(paragraph 2.(b)). Finally, the last paragraph is intended to make
u istakable that the dedication of the easement and the
abandonment of the public road are mutually dependent. I trust
t at this will assuage the concern you expressed at the last Board
meeting about the bona fides of the Rippers.
209-89--Abandonment of Brown's Gap Road--draft easement
George:
am in receipt of a copy of yours of August 14, 1992,
to Bob Tucker, concerning the above-captioned matter.
Please review this draft and let me know at your earliest
venience whether you have any suggested changes to it.
Secondly, I read with interest your comments on the Kirby
case. I do not agree with your basic conclusion that the Kirby
ca e mandates a contrary ruling in our situation, as I think the
fa ts of that case are materially different. In fact, I believe
th t Kirby tends to support our position rather than to oppose it.
Ho ever, what concerns me more is the statement expressed in your
Ie ter of your opinion that the remaining portions of the Brown's
Ga Road serve a substantial public purpose.
"
R. St. John, Esquire
Page 2
September 15, 1992
I think the law is clear that the decision as to whether a
ad serves a public purpose is one for the Board of Supervisors
d is not merely a legal issue to be decided by the county
torney. Possibly, you meant to say that you believe that you
uld defend the decision of the Board of Supervisors if they
cide that the Road continues to have a proper public purpose. If
is is what you meant to say, I think it is important for the
ard to understand that your letter was not intended to restrict
e exercise of their discretion.
For this reason, I wish to point out for the record that the
cision as to whether or not, under the circumstances of this
se, the Brown's Gap Road serves a public purpose is matter to be
cided by the Board of Supervisors and not matter to be resolved
the opinion of the county attorney. If you disagree with this
atement of the law, I respectfully request that you let me know
your earliest convenience so that I may be prepared to present
r view of the matter to the Board at its meeting of October 14.
Finally, at the earlier meeting of the Board, you expressed
me concern over the wording of a resolution abandoning the road.
you like, I would be happy to draft such a resolution for your
view. However, since this matter was not raised in yours of
gust 14, I assume that you have resolved this matter and feel
at it would be presumptuous of me to intrude on your area of
mpetence. If I am in error in this regard, or if there is any
her information which you perceive as being necessary for the
ard's review, please let me know.
Consistently with Miss Neher's letter of September 9, 1992, I
ke the liberty of forwarding a copy of the draft easement and of
is cover letter to her.
Sincerely yours,
~~
Frederick W. Payne
E closure
c (wi enclosure):
Mr. and Mrs. E. H. Ripper
Miss Lettie E. Neher, Clerk
DEED OF DEDICATION OF EASEMENT
THIS DEED OF DEDICATION OF EASEMENT, made this day of
1992, by and between EDWARD H. RIPPER and PHYLLIS O.
R PPER, husband and wife, Grantors; and THE COUNTY OF ALBEMARLE, a
p<p1itical subdivision of the Commonwealth of Virginia, Grantee,
WITNESSETH:
WHEREAS there exists an old road in the County of Albemarle
ccpmmonly known as the "Brown's Gap Road"; and
WHEREAS the said road was formerly a public road but has been
alpandoned as such public road by action of the Board of Supervisors
0.4 Albemarle County; and
WHEREAS the Grantors are the owners of a certain trac~ o~
lind, known as Brightberry Farm, lying in the White Hall
Mcgisterial District of Albemarle County, more particularly
dE scribed hereinafter; and
WHEREAS the portion of the said road which has been abandoned
I es over and across the said lands of the Grantors; and
WHEREAS the abandonment of the said road has been conditioned
ir accordance with law upon the dedication to public use of an
ec sement for certain purposes as more particularly set forth
hEreinafter; and
WHEREAS the Grantors now wish to perfect the abandonment and
dEdication aforesaid;
NOW THEREFORE, the Grantors do hereby GIVE, GRANT AND DEDICATE
TC PUBLIC USE to the County of Albemarle an easement over their
lends in the White Hall Magisterial District of Albemarle County,
Vi rginia, known as Brightberry Farm, containing, in aggregate,
7 1.9 acres, more or less, more particularly described in two
c rtain deeds of record in the clerk's office of the circuit court
o the said County in Deed Book 1066, page 254, and Deed Book 1066,
p 332, the said easement to consist of the following and to be
u the following terms:
~ Physical extent of easement: The easement hereby
d shall follow the course of the former Brown's Gap Road,
a ong the centerline thereof, and shall extend fifteen feet on
e'ther side of the said centerline. The said easement shall begin
a point ten feet from the northerly end of the current bridge
the Doyle River, which is the end of state maintenance of
Secondary Route 629, (hereinafter "the beginning point") and
extend thence in a northerly direction to the boundary of the
of the Grantor with the lands of the United States Department
Interior, National Park Service, commonly known as the
enandoah National Park. In addition to the foregoing, from the
ginning point to a point 140 feet in a northerly direction, the
s id easement shall have a width of 45 feet, of which 15 feet shall
on the westerly side of the centerline and 30 feet shall be on
easterly side of the centerline, such additional width being
r purposes of accommodating vehicular parking and turn-around.
~ Purposes of dedication: The said easement shall be for
purposes of public ingress to and egress from the Shenandoah
Park, subject to the following:
(a) From a point beginning at the aforesaid beginning
a point where the road crosses the existing fence line, a
2
d'stance of 140 feet, the said easement shall be for such ingress
a d egress for the general public, including, but not limited to,
p of motor vehicles and use by vehicles, employees and agents
the Virginia Department of Transportation engaged in the
intenance of Route 629 and other public roads.
(b) For the entire length of the easement, the said
shall be for such ingress and egress for, including
owned and operated by, the National Park Service; the
of Albemarle; the Virginia State Police; the Virginia
of Game and Inland Fisheries; the Virginia Department of
the Virginia Departm~n4t of Transportation; all fire
and rescue squads operating in the White Hall Magisterial
and all utility companies and others having rights-of-way
the said lands of the Grantors.
(c) For the entire length of the said easement, the said
shall be for such ingress and egress for the general
for pedestrians, equestrians and human-powered vehicles
uch as bicycles), but expressly excluding any vehicle powered by
motive power other than animal or human muscles.
~ Gate to be erected: A gate shall be erected adjacent to
existing fence line at the point described in paragraph 2.(a),
This structure shall include a gate which can be opened and
closed, of sufficient width to provide for the passage of the
authorized vehicles described above, and which shall remain locked
at all times when not in actual use by an authorized user. In
ad ition to and alongside this gate, a smaller gateway shall be
3
provided of a size and character sufficient to allow passage by
pedestrians, riding animals and bicycles, but restricted so as to
prohibit the passage of motorized vehicles. The pedestrian gate
stall remain open and unobstructed at all times.
~ Construction and maintenance of easement facilities:
All of the foregoing facilities shall be constructed to the
re asonable approval of the County and maintained by the Grantors to
a standard sufficient to ensure their continued utility by the
ptblic. Such construction and maintenance shall be at all times
pe rformed in a lawful manner and so as to minimize grading,
e} cavation and other land-disturbing acti.vi ties, it being the
- ir tent of the parties to continue the property subj ect to this
ecsement in its present state to the maximum extent feasible so as
tc enhance and protect the quality of the Doyle River _and other
wctercourses downstream. In maintaining the road as a farm road
fc r their own purposes, the Grantors will maintain the road in
re asonable condition for use by pedestrians and non-motorized
vehicles. It is understood that this obligation shall not prohibit
afpropriate maintenance by competent public authority if deemed
advisable by such authority.
The interest of the County hereby conveyed shall be a
pE rpetual incorporeal hereditament in gross which shall continue as
af purtenant to the servient estate of the Grantors and their
SLccessors in interest.
The interest of
the
contemporaneously with,
and
County shall vest in
the dedication shall
the County
be expressly
4
ccnditioned upon, the abandonment of the rights of the public in
tt e public road in the location of the easement hereby granted, now
OI formerly known as the Brown's Gap Road, Brown's Gap Turnpike,
Ccunty Route 135 and portions of State Secondary Route 629.
WITNESS THE FOLLOWING SIGNATURES AND SEALS.
(Seal)
EDWARD H. RIPPER
(Seal)
PHYLLIS O. RIPPER
DEDICATION ACCEPTED:
CCUNTY OF ALBEMARLE
B-y
Its duly authorized agent
APPROVED AS TO FORM:
Co~nty Attorney
COMMONWEALTH OF VIRGINIA
COpNTY/CITY OF
The foregoing instrument was
day of
an~ Phyllis O. Ripper.
acknowledged before me this
, 1992, by Edward H. Ripper
NOTARY PUBLIC
My commission expires:
COMMONWEALTH OF VIRGINIA
CO~NTY/CITY OF
The foregoing instrument was acknowledged before me this
5
day of , 19___, by
of the County of
A bemarle, a political subdivision of the Commonwealth of Virginia,
01 behalf of the County.
NOTARY PUBLIC
M' Commission Expires:
6
~
Edward H. Bai , Jr.
Samuel Miller
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. Bowe man
Charlottesville
Charles S. Martin
Rivanna
Charlotte Y. H mphris
Jack Jouett
Walter F. Perkins
While Hall
September 9, 1992
Mr. Frederick W. Payne
Pa ne & Hodus
412 East Jefferson Street
Ch rlottesville, VA 22902
r Mr. Payne:
This is to inform you that the public hearing on the abandon-
of two segments of Brown's Gap Road has been scheduled for
October 14, 1992, at 7:00 p.m. For your information, attached is
a opy of the notice posted along the roadway and on the Court-
ho se door. Should you have any additional information you wish
distributed to the Board on this request, please provide it to
t undersigned by October 7.
sincerely,
~~
Lettie E. Neher, Clerk, CMC
LE :ec
cc: Robert W. Tucker, Jr.
V. Wayne Cilimberg
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DOE
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PUBLIC
NO'-rICE
CE IS HEREBY GIVEN PURSUANT TO
INIA CODE SECTIONS 33_1-151 AND
-157 THAT THE BOARD OF SUPERVI-
OF ALBEMARLE COUNTY, VIRGINIA,
INTEND TO ABANDON ALL THOSE
IC RIGHTS LOCATED IN ALBEMARLE
TY, VIRGINIA, DESCRIBED AS
OWS: A 30' WIDE RIGHT-OF-WAY
NNING 10' FROM THE NORTH END
HE EXISTING BRIDGE OVER THE
ES RIVER, THENCE PROCEEDING
RALLY IN A NORTHERN DIRECTION
OXIMATELY ONE MILE TO THE END
URRENT STATE MAINTENANCE OF
E ROUTE 629; EXTENDING FROM THIS
T A 30' WIDE EASEMENT APPROXI-
LY ONE MILE FURTHER NORTH BY
HWEST TO THE BOUNDARY LINE OF
SHENANDOAH NATIONAL PARK_
HEARING ON THE ABANDONMENT
BE HELD ON OCTOBER 14, 1992,
:00 P_M_, IN MEETING ROOM #7,
OFFICE BUILDING, 401 MCINTIRE
, CHARLOTTESVILLE, VIRGINIA_
WISH FURTHER INFORMATION
REQUEST, CALL THE CLERK TO
OF SUPERVISORS, 296-5843_
ON
THE
LETTIE E_ NEHER, CLERK
U B L I C
NOTICE.
COUN
ROAD
NOTI E IS HEREBY GIVEN PURSUANT TO
VIRG NIA CODE SECTIONS 33.1-151 AND
33.1 157 THAT THE BOARD OF SUPERVI-
SORS OF ALBEMARLE COUNTY, VIRGINIA,
DOES INTEND TO ABANDON ALL THOSE
PUBL C RIGHTS LOCATED IN ALBEMARLE
VIRGINIA, DESCRIBED AS
A 30' WIDE RIGHT-OF-WAY
BEG I
OF
10'
FROM THE NORTH END
OF
EXISTING BRIDGE OVER THE
S RIVER, THENCE PROCEEDING
IN A NORTHERN DIRECTION
ONE MILE TO THE END
STATE MAINTENANCE OF
ROUTE 629; EXTENDING FROM THIS
A 30' WIDE EASEMENT APPROXI-
ONE MILE FURTHER NORTH BY
TO THE BOUNDARY LINE OF
HENANDOAH NATIONAL PARK.
THE
A
HEARING ON THE ABANDONMENT
WILL HELD ON OCTOBER 14, 1992,
AT 7 00 P.M., IN MEETING ROOM #7,
OFFICE BUILDING,
401 MCINTIRE
CHARLOTTESVILLE, VIRGINIA.
IF
THIS
WISH FURTHER INFORMATION ON
CALL THE CLERK TO THE
OF SUPERVISORS,
296-5843.
LETTIE E. NEHE~ CLERK
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COUNTY OF ALBEMARLE
MEMORANDUM
;.<
0: Lettie E. Neher, Board of Supervisors Clerk, CMC
Peter J. Parsons, civil Engineer II D~
August 31, 1992
E: Route 629, Request to Abandon Portions Of
In response to your request of August 14, 1992, there follows a
description for the requested road abandonment for Brown's Gap
oad:
A 30' wide right-of-way beginning 10' from the north end of
the existing bridge over the Doyles River, thence
proceeding generally in a northern direction approximately
one mile to the end of current state maintenance of State
Route 629; extending from this point a 30' wide easement
approximately one mile further north by northwest to the
boundary line of the Shenandoah National Park.
his description is based on the marked up plat you provided to
s in the information package. This plat was originally
repared by Kirk Hughes, and approved for recordation by Wayne
ilimberg on September 6, 1989. Additional information, such
s the easementjright-of-way width, was provided by Fred Payne.
JPjvlh
\
Edward H. ain, Jr
Samuel Mi ler
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 972-4060
Forrest R. Marshall. Jr
Scottsville
David P. Bo erman
Charlottes ille
Charles S Martin
Rivanna
Charlotte Y. Humphris
Jack Joue
Walter F Perkins
White Hall
August 14, 1992
M . Frederick W. Payne
P yne & Hodus
4 2 East Jefferson Street
C arlottesville, VA 22902
Mr. Payne:
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,
~
Lettie E. Neher, Clerk, CMC
L N:ec
c Robert W. Tucker, Jr.
"
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
Charloltesvil e
Charles S. Martin
Rivanna
Charlotte Y. umphris
Jack Jouett
Walter F. Perkins
White Hall
M E M 0 RAN DUM
TO: Jo Higgins, County Engineer
FROM: Lettie E. Neher, Clerk, CM~
DATE: August 14, 1992
S Route 629, Request to abandon certain portions of
A tached, please find the paperwork on a request to abandon
B own's Gap Road.
I order to properly advertise this request, a legal description
o the roads to be abandoned is required. Please provide this
d scription by August 21st so that we may proceed with the
a vertisement.
L
A tachments
cc: Bob Brandenburger
GEORGE R. ST,JOHN
COUNTY A ORNEY
COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
August 14, 1992
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JAMES M, BOWLING, IV
DEPUTY COUNTY ATTORNEY
ert W. Tucker, Jr.
nty Executive
emarle County
McIntire Road
rlottesville, Virginia 22901
Re: Brown's Gap Road
(Our File # ACRH 89-911)
Mr. Tucker:
my response to the Directive of the Board of
on August 5, that I submit a memorandum on the legal
ameters of the request by Mr. and Mrs. Edward H. Ripper to
portion of Road 629, the Old Brown's Gap Turnpike.
First, the proposal can legally be accepted by the County, if
Supervisors elect to do so. That is to say, there is
hing in the proposal which is legally defective or
nforceable, so long as the easement is carefully drawn and
roved at or before the time of abandonment.
however, I disagree with that portion of the
ap licant' s analysis, which claims there is no further public
us or public need for this road. True, it no longer serves its
or ginal purpose as a commercial travel-way across the Blue
Ri ge from the Shenandoah Valley into the Piedmont. However, it
pr vides vehicular access to the boundary of Shenandoah National
Pa k the same as the Sugar Hollow Road does, and in my opinion,
th s is a substantial public purpose.
I have just recently sent you and each supervisor a copy of
case of Kirby v. Town of Claremont, decided by the Virginia
reme Court on April 17, 1992. The situation in that case was
ikingly similar to our case. An old road which had formerly
n a necessary part of the transportation system, had become
ecessary for its original purpose but provided vehicular
ess to a place of scenic beauty, with opportunity for
hing, observation of wildlife, and other recreational
ivities.
..
Page 2
August 14, 1992
The party who wanted to have this road abandoned argued that
t ese were not really public purposes and the road was being
used by hoodlums and vandals who trashed it and the adjoining
pr perties.
Virginia Supreme Court ruled first, that scenic and
reational access is a legitimate public purpose and a public
d to keep the road open, and second, that trespassing and
shing by lawbreakers who use the road, is a law enforcement
blem and not grounds to abandon a road if there is indeed a
lic need for such road.
In sum, this action is squarely within the discretion of the
rd of Supervisors, and I do not think their decision one way
the other would be reversed by judicial action if it were to
challenged.
Sincerely yours,
~ASJ~
George R. st. John
GR tJ/sh
cc Estelle V. Neher
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-45%
(804) 296-5823
ME ORANDUM
TO:
Albemarle County Board of Supervisors
& Community Jp
v. Wayne Cilimberg, Director of Planning
Development
August 6, 1992
RE:
Request for Abandonment of Brown's Gap Road
will find enclosed a request for abandonment of Brown's Gap
d by Edward and Phyllis Ripper. Two segments are proposed for
ndonment. The upper segment would be abandoned as public
ht-of-way from the Shenandoah National Park to the end of
te maintenance for Route 629. The lower segment, a section of
St te Route 629, would be abandoned from the end of state
ma"ntenance to a point 10 feet north of the Doyles River Bridge.
An easement of 30' in width is proposed in place of the abandoned
pu lic right-of-way to allow for continued foot, horseback and
bi ycle access to the Park by the general public and vehicular
ac ess by specified agencies. Additionally, the Rippers propose
to provide an improved parking area to the reasonable approval of
th County and necessary signing and gating at the southern end
of the abandoned road near the Doyles River. Debris cleanup,
ba ic maintenance of the easement and assistance to the County
an Park in law enforcement will be provided by the Rippers.
ff concluded in a report of November 8, 1989 review~d by the
rd that "there appears to be a substantial public interest in
ntaining public access to the Shenandoah National Park which
weighs the proprietary interest of the individual property
er". The Rippers have attempted to satisfy this concern in
ir proposal. The Rippers' representative, Fred Payne, and
eral public officials have met prior to this request to
cuss the Rippers' proposal. Their comments are attached and,
".
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~UI -30-92 THU 14:28 SUPT-SHENANDOAH N.r.
7039993605
P.03
7p~??
l"lr. l). V-Jl:;\YI'lC:! Cilirnbf:~'r"(]
Dir~c::b::lt" of F'Jai1.nil"iC~ ;and CClfllrrll,.\nit:y Df.JvEllr.Jprn8nt
County CJ{ (Ubc:'.'rn(:.rl~
401 Mclntirg Ro~d
Cha~lqtt~svil1e, VA 22902
Dear Wclyne:
Thank yeu for your r~quest of July 22~ 1992 regarding the Brown's
G,;].p RC<ii\d.
Th~ N.:~t.i\jIHd, F'.m,k E;et'-v:Lce hr.!lti bf,::(:m \;;on$i~,t('i!ilt in it~; str"on<;j
desir. to ka~p trails open from thm bottom of th~ mownt~in to
wlthin th~ Shen.ndQ~h Nntion~l Park. W~ have be8n supported in
this pO'!lf.itiQIl by mgllY c.Jf the W;H:!r'~i. whr:: prt"fer" to b!? able to hike,
rlde, and U~e this natiQnal c4rk withoGt having to drive to tha
Skyline DriVD. W~ feel that ~9 each of th~ 8 counties .round the
park continuGs to .xpsrience growth pre5aur~ th_t the~e access
poi nt.i;:-. wi 11 bC.'CDJl112 .F ,:'1''' rnl~')r'~ i mpcw'1:ant than th(,",y af"~ tl::Jday.
'T'h8 BrOiAJI"lS fE,;.,,\p Road in Albe,'m,;.:\rle C(JL~nty is m%~ of th~~l~;e .access
areds~ and the Nation.l Park Service has sought to kHSp thig
.CCe~5 point on the public ro~dways open. We realize that this
,"CCf:;)SS point is Unl_l<'\.!i::'l.l il"1 tl'H.ll: it l~"; DI'l a put)lic.~ rOCidwii.\Y or1
whic.h lnei,f'lt"HldllC.t'l h.;;\s bCi€,m CJi~:;':Dntl.nLledl anfj C)!1t~\ t.hat. is nt-':!arly a
mile 'fn::Jlfl till? F',:ly"k Bi')l.H1d~,\I-'Y.
HOW8V~r, ths NPS position on the ~roposal presented by Mr. Fred
Payne is that it is Rcceptab1e und8r conditions SPGcified in th~
propcBal. W~ know that thur'~ will be ~om. citizens who obj~~t to
the additional hiking di~tance to the park, and soma that view
thi,,; a(~tiQn <'~':; t'lQt con'fD~'iilin9 with t.tH~ judic::i.T:\l ,;\cti\:Jn t'h,'1I"'liet"".
Howevar, the NPS be1ievss th~t a perm.nen~ D@9Bm2nt with
aS5ur~nc~s of us~ by AlutOf v~hiclm~ fo~ Amergsncy usa is b~tt~r
thai' thc~ t:))::Lstin~1 5itu,:d:i(..1I'"1 iI~ht~n2 th(i:i"9 is no ,;,;bility tD pn::Jvids
'fur' pE,r'kinq\ tr-d':.'ih pick up .:,:nd otlHilt" t:once;,\rns,
A 1'1 C!tei! (;j'f (.:.:,i.ltiOl'l un 1-:.his m<:1t,t,:~l'" ir." th'::i"t i'f ,;1, pt'.:lI'-mdi'lfiif'i'l: easefnt'~I't.
i" e~;.'t.c;\bl.i.~-.h'::='d +ur- t:\f.~l:'~:.'S i:o th(::! P;U"'k" that t.he 1.:1Wnt';)r~ cil!'Hj 'futut""e
,:Ji-.)n~:'I~~l (,:li:!'~I~.ly l.lndE'r1:;t<'\l"ld thG? r'i:il,l1Iificet:lon~;; 0+ this al.::tj,!Jn. The
.nlO"re +t-lc:t th..JI.t V(-:~I'li.c:J$! t:"ci\f+ic. is ~-.~(jL,r.::f.i.\d mo:\y I"lot: r(o:;r~:;cllve t.t'le
c:ullflicl: pn::;l118m~) thL~I:. l"iC)W Uccur" with hih'::.\r1s, etc:.
I hope this p~ovi~e~
m~ 1::11-1 th~ (j,:;\t(.'~':iS <:l,;i(j
b (:).:1 r" c:l (;:)1; fit.! P <~i''' "Ii 'i,C) t" "';.
'i~J\,\ bl,,~+fic:i8nt in'fClr'rTliOltton. F'lf.~d.j::;~ .:i\dyj,sc:!
'l:::.:'I~~::)'7,Foi" tI,is m"d:b:;n~ to ~:QmE:~ bli\1"h:ln= t.he
.. i' ~';\r": b t.,.. f- C':'::\(:" h ~;)d 2\ t 703'-997--:~13ti%~.
Si 11(",(~t. f~l Y 1
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Fh vr-~".;*u lei 1 i iIlti~':'\I' q
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.d.N H~oaN~N3HS-~dns e~:vl nH~ ~6-121:z:-,nr
ALBEMARLE - CHARLOTTESVILLE
OFFICE OF WATER RESOURCES MANAGEMENT
401 MciNTIRE ROAD
CHARLOTTESVILLE. VIRGINIA 22902-4596
(804) 296-5841
FAX (804) 972-4060
MEMORANDUM
~. !:C~!Vr.:D
r~"-"" - ~,' ~_.
TO:
v. Wayne Cilimberg, Director
Planning and Community Development
J U L 2 4 1992
P!Ji.Ni..m'!G DEPT.
FROM:
J. w. Peyton Robertson, Jr., Water Resources
::' ,.//' .,/'. ,/
___ / r.../I /~, --;" I
July 24, 1992 /' ,:
Abandonment of Brown's Gap Road
Manager
DATE:
RE:
I have reviewed Fred Payne's petition on behalf of the
Ripper's for abandonment of Route 629/Brown's Gap Road. Just a
couple of minor points:
1. I didn't meet with the Ripper's at the property (p. 12 of
petition) - I met with you, Fred Payne, Dan Roosevelt, Bob
crickenberger, and others. Not a big deal but just for the
record.
2. It is my understanding that the use of mountain bikes is
currently not allowed anywhere within the boundary of
Shenandoah National Park. I know the Park is considering the
possibility of allowing limited use of mountain bikes, but I
don't believe Brown's Gap Road is a likely candidate. Fred
may want to check on this and amend his proposal.
3. My previous letter to Fred Payne (June 11, 1992) includes
substantive comments to address the proposed location of the
parking area for trail access. Those items will need to be
addressed in order to comply with the Water Resource
Protection Areas Ordinance.
Other than the above items, I don't see any problems with the
proposed abandonment of Brown's Gap Road.
If you need additional information, please feel free to
contact me.
wr92-97
ALBEMARLE - CHARLOTTESVILLE
OFFICE OF WATER RESOURCES MANAGEMENT
401 MCiNTIRE ROAD
CHARLOTTESVILLE. VIRGINIA 22902.4596
(804) 296-5841
FAX (804) 972-4060
June 11, 1992
Mr. Frederick W. Payne, Esquire
412 East Jefferson street
suite B
Charlottesville, VA 22901
RE: Route 629 Abandonment/Ripper Access Proposal
Dear Fred:
This letter will serve as a follow-up to our site visit to
the Ripper property (Tax Map 5, Parcel 4) and as preliminary
comment on your proposal to abandon Route 629 and provide
public access for hiking.
My comments on this verbal proposal are related to the
County's Water Resource Protection Areas Ordinance (Chapter
19.2, County Code) which I have enclosed for your information.
The ordinance establishes a "Resource Protection Area" (RPA)
which includes perennial streams (as shown on U.S.G.S. quad
sheets) and a 100 buffer of vegetation measured landward of the
streambank.
Your proposal includes the establishment of a small
parking area to the east of the Doyles River in order to
provide hiking access to the proposed abandoned portion of
Route 629. This area lies just beyond the bridge across the
river and is between the main channel of the Doyles River and a
small side channel. The U.S.G.S. quad sheet (Brown's Cove) for
this area shows the main channel of the Doyles River as a
perennial stream but does not include the side channel.
Sec. 19.2-8 of the Water Resource Protection Areas
Ordinance requires "a one hundred (100) foot buffer area of
vegetation that is effective in retarding runoff, preventing
erosion, and filtering nonpoint source pollution from runoff
shall be retained if present or established where it does not
exist." Furthermore, that section provides that a 50 foot
buffer and "appropriate best management practices...may be
employed...if approved by the water resources manager."
Sec. 19.2-7(b) of the ordinance provides for land
disturbance within the RPA for "passive recreation access such
as pedestrian trails and bicycle paths." It does not mention
parking areas to serve these uses.
letter to Frederick W. Payne, 6/11/92
page 2
In light of the above referenced sections of the ordinance
and our visit to the site, I recommend the following:
1. Any proposal for abandonment of Route 629 and provision
of parking to provide access within the existing right
of way should include a sketch plan of the parking
area. This plan should sh6w the Doyles River, the
r '
Resource protectiov Area, the area proposed for
parking, the type of material (if any) to be used for
the parking area (ie. gravel, g~assy area, etc.), and
proposed mitigatioq for encroachment into the buffer.
,
2. Th~ parking area should be located as far as possible
from the Doyles River in the area between the river and
the side channel. Because this side channel is not
considered a perennial stream, it is not subject to
buffer area requirements.
3. The ptoposed mitigation in item #1 can include
management techniques (such as bush-hogging a grassy
area for parking vs. installation of gravel) as a means
of preserving the vegetated buffer.
If you have questions or want additional information on
the Water Resource Protection Areas 'Ordinance, please feel free
to contact me.
Sincerely,
:X ~~rt!!:: - ~
Water Resources Manager
wr92-74
Enclosure
copy: Wayne Cilimberg
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J U I. 2 4 1992
PLANNING SEPT,
COUNTY OF ALBEMARLE
Parks and Recreation Department
County Office Building
401 Mcintire Road
Charlottesville. Virginia 22901-4596
T ...lpphnrH' IH()4) 29" -5R4S
MEMORANDUM
FROM:
Wayne Ci1imberg, Director of Planning and Community
Development
Patrick K. Mullaney, Director of Parks and RecreationjC~~
TO:
RE:
Brown's Gap Road
DATE:
July 24, 1992
I support Mr. Payne's petition on behalf of the Rippers for
the abandonment of Route 629 under the conditions outlined.
This is an outstanding opportunity to provide a formal trail
access to the National Park and eliminate the problems associated
with informal accesses. In my opinion the current vehicular access
does not serve a significant recreation function, but rather
detracts from the experience of lawful recreation users.
The opportunity to have an improved parking area with trail
maintenance and supervision provided by the Rippers while at the
same time eliminating the negative element is too great to pass up.
Can you imagine the cost and hassle involved if the County
were to take on the responsibility to create, maintain and
supervise such a facility in its present location? Can you imagine
a more scenic and historic nature trail?
There may be some reasons that I am not aware of that make
this a bad idea, but strictly from a public recreation standpoint
this is like a gift. My only question is would these
responsibilities transfer to a new owner if the property were sold?
I will be away on vacation until August 10. Bob Crickenberger
in our office is familiar with this, so please feel free to call
him if you have any questions.
PKM/gks
cc: Richard E. Huff II, Deputy County Executive
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J U L 2 9 1992
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DEPARTMENT OF TRANSPORTATION
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'L\ Y D PETHTEL
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D, S. RCOSEVELT
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July 27, 1992
Route 629, Albemarle County
Mr. V. Wayne Cilimberg
Count Office Building
401 M Intire Road
CharI ttesville, VA 22901
Dear r. Cilimberg:
eference is made to your letter dated July 22, 1992, concerning the proposed aban-
t of Route 629.
r. Payne's proposal appears to be along the lines we discussed with him at the site
ne 5, 1992. The end of state maintenance 10' or so beyond the north abutment of
the ridge would appear to be sufficient to allow the Department to maintain or repair
the b idge in the future. My only concern with the proposal involves permission and our
abili y to turn vehicles around beyond the end of state maintenance. My reading of Mr.
Payne's proposal does not clearly identify our right to do this or what facilities will
be i place to allow vehicles to turn around. This appears to be a detail which could
be wo ked out as part of the agreement between the county and the Rippers that would occur
as a art of this abandonment.
Yours truly,
'---
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. .
D. S. Roosevelt
Resident Engineer
cc: ayne and Hodous
12 East Jefferson Street
harlottesville, VA 22902
T"'ANSPORT ~ riC:,: "0::;-- ~ ::-' ST CEi.-;:,f"1
.
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J U L 2 9 1992
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GEaR E R, ST,JOHN
cou TY ATTORNEY
COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
July 24, 1992
JAMES M, BOWLING, IV
DEPUTY COUNTY ATTORNEY
v. Wayne Cilimberg
Director of Planning
Albemarle County
401 McIntire Road
Charlottesville, Virginia 22902-4596
Re: Brown's Gap Road
(Our File #ACRH 89-911)
Dear Wayne:
I have read Fred Payne's proposal regarding Brown's Gap Road,
and I have no comments because it is a purely political
decision. However, I remind you and the Board that once a road
is abandoned, it is final. That is to say, you oannot reopen it
again without condemning it and paying for it.
Sincerely yours,
..., .~ !aJ~C
GeOr~JOhn
County Attorney
GRStJjtlh
:,,1-: ~
Edward H. Bai , Jr.
Samuel Mille
David p, Bowe man
CharlottesviJl
Charlotte y, H mphris
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 972-4060
July 28, 1992
Forrest R. Marshall, Jr.
Scottsville
Charles S. Martin
Rivanna
Walter F, Perkins
White Hall
Frederick W. Payne
ne & Hodus
East Jefferson Street
rlottesville, VA 22902
Mr. Payne:
This is to acknowledge receipt of your letter dated July 17,
2, requesting the Board of Supervisor to consider setting a
lic hearing for the abandonment of two segments of Brown's Gap
d. This request has been scheduled for discussion by the
rd on August 12, 1992, at 7:00 p.m. The Board meets in Room
on the Second Floor of the County Office Building. Any
itional materials you wish mailed to the Board ,on this request
uld be in the hands of the Clerk by August 6.
Sincerely,
;{~ t/MJ~
Lettie E. Neher,-ci~k, CMC
LE :ec
cc V. Wayne Cilimberg
Robert B. Brandenburger
I
Payne & Hodous
Attorneys at Law
412 East Jefferson Street
Charlottesville, Virginia 22902
Frederick W.Payne
Robert P. Hodous
T~M~i-~04-977-4507
Fats1Miii:\"'~-977 -6574
July 17, 1992
,"
..
M ss Lettie E. Neher, Clerk
Bard of Supervisors of Albemarle County
A bemarle County Office Building
4 1 McIntire Road
C ar1ottesville, Virginia 22901-4596
BY HAND
F le 206-89--Abandonment of Brown's Gap Road
D ar Estelle:
Enclosed please find the original petition of Edward and
P yllis Ripper to abandon two segments of the Brown's Gap Road. I
a so enclose my check in the amount of $135 for the filing fee. It
i my understanding that this will be heard by the Board in August.
If you have any questions, please let me know.
Sincerely yours,
Frederick W. Payne
c
( w / enc.):
Mr.
Mr.
Mr.
and Mrs. Edward H. Ripper
Sandy Rives, National Park Service
D. S. Roosevelt, Virginia Department of
Transportation
Kenneth Dove, Virginia Department of Game and
Inland Fisheries
Sgt.
'I . .k
PETITION TO ABANDON PUBLIC ROAD
Pursuant to Virginia Code Sections 33.1-150, ff.,
and 33.1-156, ff.
I traduction
Come now Edward H. Ripper and Phyllis O. Ripper (hereinafter
" he Rippers") and respectfully petition the Board of Supervisors
Albemarle County for the abandonment of two segments of a
rtain public road, commonly known as the Brown's Gap Road. The
ad in question is shown on a plat of Kirk Hughes & Associates,
ted August 27, 1989, revised September 5, 1989, a copy
erographically reduced) of which is attached to this petition as
hibi t A. The segments of road which are to be abandoned as
scribed as follows:
Segment 1. That portion of the said Brown's Gap Road, as
own on Exhibit A, from current end of state maintenance to the
undary line between the property of the Rippers and the
enandoah National Park. This segment of the said road is not a
rt of the Virginia Secondary Highway System.
Segment 2. That portion of the said Brown's Gap Road, as
own on Exhibit A, from a point 10 feet northerly from the
rther1y end of the existing bridge across the Doyle River to the
rrent end of state maintenance. This segment of the said road is
part of the Virginia Secondary Highway System as Route 629.
The authority for this abandonment is as follows:
As to segment 1., Virginia Code Title 33.1, Chapter 1, Article
1 (Sections 33.1-156, ff.);
As to segment 2., Virginia Code Title 33.1, Chapter 1, Article
1 (Sections 33.1-150, ff.).
This petition is filed pursuant to the authority cited above
w th respect to the two segments, respectively.
P ocedural Histor :
In 1989, the Rippers acquired a substantial farm in the
own's Cove area of western Albemarle County, the farm being
mmonly known as "Brightberry Farm". In the fall of that year,
ughly contemporaneously with the purchase, the Rippers petitioned
is Board to abandon the portion of the road which is in the State
condary Highway System as Route 629, i. e., segment 2. No request
s made at that time to abandon the upper portion of the road
egment 1.) because, based on the information available to the
ppers at that time, including the advice of the attorney they had
gaged to research this issue, it appeared this segment had been
p eviously abandoned and, as such, was no longer a public road. To
., ,
.II
it another way, the Rippers believed that it was unnecessary
the Board to abandon this segment and that, indeed, the Board
d no authority to abandon this segment, as it had already been
c osed.
After several hearings, based on the information presented to
and on the advice of the county attorney, the Board voted to
ny the Rippers' request and to instruct the county attorney to
rsue litigation to establish the existence of segment 1. as a
blic road. This litigation was pursued, and, in January of this
ar, a determination was made by the United States' District Court
r the Western District of Virginia that segment 1. continues in
istence as public road. Based on this action of the court, it is
w clear that the Board is empowered to consider the abandonment
the entire road.
H'storical Back round of Brown's Ga Road:
The road in question was established as a proprietary turnpike
act of the General Assembly as Chapter 37 of the Acts of
sembly for 1799. Among the commissioners appointed by this act
r the establishment of the road was Brightberry Brown, the then
ner of what is now the Rippers' farm, after whom the farm was
med. This act was amended on several occasions, and the road
pears to have been built over the course of the first two decades
the century. The road was realigned slightly by Chapter 165 of
Acts of Assembly in 1849.
t
The express purpose for which
connect a point in Rockingham
twork "over the South mountain,
ts of Assembly for 1799, Ch. 37.
the turnpike was authorized was
County with the existing road
in the county of Albemarle".
Once constructed (and later reconstructed and realigned), the
ad became a significant highway for commercial and other use
nnecting the Valley with the Piedmont and points east. The
portance of the road as a commercial artery sharply diminished,
wever, with the construction of the railroad across Afton
untain in the 1850's and the subsequent improvements of the road
ossing at Afton.
During the War Between the States, the road was used by
neral Jackson and other military figures as one of the preferred
utes from the Valley into the Piedmont and thence to the great
ttles around Richmond. After the War, the Turnpike Company
ncorporated by statute in 1853--see Acts of Assembly 1853, Ch.
6) failed, and the road was taken over by the County. It was at
is time that its peculiar status as turnpike was lost and it
came just another county road.
The road continued to serve commerce into the 20th century,
it was incorporated into the secondary highway system, at the
2
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~
eat ion of that system, in 1932. Its initial designation was
ute 135, but this was soon changed to Route 629.
At some time after the establishment of the Park, the National
Service took steps to destroy the road connection with
ckingham County. A locked gate was established at the Park
undary, blocking the passage of all vehicles except those having
ecial permission of the National Park Service and effectively
p eventing vehicular travel by the general public. Construction
w'thin the Park further destroyed the road as a means of travel.
T is Board unsuccessfully attempted to reopen the road in 1937 and
a ain in 1948. See Minutes of Board, November 17, 1937, and
D cember 15, 1948.
In 1936, the Shenandoah National Park was created, and its
operty was conveyed to the U.S. Department of the Interior. It
the position of both the County and the National Park Service
at the conveyance of the land for the Park terminated the
istence of the public road within the boundaries of the Park,
e., from the boundary of the Park land with Brightberry Farm to
e County line at the top of the mountain. For purposes of this
tition, the Rippers concede the correctness of this position.
On May 1,
intenance that
he Rockingham
intenance. As
the secondary
1936, the Highway Department dropped from
portion of the road from the top of the mountain
County line) to the current end of state
a result of this action, segment 1. was taken out
highway system.
At least part of the road within the Park remains in use as a
h'king trail. Segment 1. is not, and for some time has not been,
p ssable by ordinary passenger vehicles and is barely passable by
f ur-wheel-drive vehicle under favorable weather conditions. This
s gment is used as a hiking trail. Despite the actions of the
V'rginia Department of Transportation, Segment 2., while easily
p ssable in its lower sections, is barely passable or impassable by
o dinary passenger vehicle in its upper stretches, depending on the
w ather. There are no improved areas for parking or turning around
a the end of segment 2., and vehicles parked at that point must be
p rked at least partially wi thin the roadway. The recent condition
o the two segments of road is shown on photographs attached as
c llective Exhibits Band C.
ture and Pur ose of Abandonment:
The Rippers are aware that the Board and the Park Service are
terested in ensuring continued public access to the Shenandoah
tional Park. For purposes of this petition, the Rippers agree
at the maintenance of a hiking trail in the location of the road
11 be a significant public asset, consistent with the objectives
the Comprehensive Plan to provide public recreation.
3
.. . ~
The Supreme Court has recognized that it is proper, in an
propriate case, for the Board to impose conditions upon the
andonment of a public road. See Smith v. Board of Supervisors,
1 Va. 87, 109 SE2d 501 (1959). In the peculiar circumstances of
e case, the Rippers believe that, while there is no public
terest or necessity for the maintenance of the road as a means of
p blic vehicular access, such abandonment should not be done
w'thout the imposition of certain conditions of the type approved
b the Supreme Court, and they hereby stipulate that the following
c nditions are proper and enforceable.
However, the Rippers believe that to prohibit general public
hicular access over the two segments in question is in the
terest, not only of the Rippers as landowners, but also in the
terest of the Park authorities as well as the general public.
cordingly, the Rippers propose that the segments of road in
estion be abandoned as public roads, conditioned upon the
dication by them of appropriate easements to ensure continued
blic access to the Park by non-motorized vehicular means, as well
by necessary public service vehicles. The details of these
nditions proposed are set forth below.
of Abandonment:
(1) The road, including both segments, shall be abandoned
together as a public road pursuant to the statutes cited above.
e County's action of abandonment is expressly subject to, and
ntemporaneous with, the acceptance of the easement described in
ragraph ( 2 ) , below, and is expressly conditioned upon the
nditions set out in this petition. The segments of the road to
b abandoned are from the Park boundary to a point on the northerly
s'de of the Doyle River ten feet from the northerly end of the
b idge over the River. (All parties agree that it is in the public
terest for the bridge to continue to be maintained by the public
ensure public access, and the ten-foot margin was suggested by
e Department of Transportation as an adequate area for
intenance consistent with minimal public expenditure.)
With this in mind, the Rippers hereby submit the following for
Board's consideration:
(2) As part of their petition, the Rippers tender to the
unty dedication of an easement for public use, the terms of which
e subject to the approval of the county attorney and which shall
recorded in the office of the clerk of the circuit court upon
ceptance by the County. The easement shall provide a width of 30
et and shall provide specifically for the following:
(a) For the passage of vehicles owned and operated by
e National Park Service; the county and state police; the
rginia Department of Game and Inland Fisheries; the Virginia
partment of Forestry; the Virginia Department of Transportation;
4
. .
}-
(3) A gate shall be erected adj acent to Point A. This
ructure shall include a gate which can be opened and closed, of
fficient width to provide for the passage of the authorized
v hicles described above, and which shall remain locked at all
t'mes when not in actual use by an authorized user. Keys shall be
p ovided; or, in the alternative, authorized users may install
t eir own locks. In addition to and alongside this gate, a smaller
g teway shall be provided of a size and character sufficient to
a low passage by pedestrians, riding animals and bicycles, but
r stricted so as to prohibit the passage of motorized vehicles. The
destrian gate shall remain open and unobstructed at all times.
1 fire companies and rescue squads operating in the White Hall
gisterial District; and all utility companies and others having
ghts-of-way across the lands of the Rippers.
( b ) For general public access, by vehicle and otherwise,
om a pOint beginning at the new end of state maintenance to a
int where the road crosses the existing fence line approximately
lineated as Point A on Exhibit D.
(c) For general public
uestrians and human-powered vehicles
pressly excluding any vehicle powered
an animal or human muscles.
access by pedestrians,
(such as bicycles), but
by any motive power other
(d) For the provision ,by the Rippers of a reasonable
ea for parking for visitors, to be improved by the Rippers, by
stallation of a crushed stone surface or otherwise, to the
asonable satisfaction of the County.
(4) An appropriate marker or display shall be erected in the
ea of the parking facility outlining the history of the road.
her similar displays may be erected as well at appropriate points
ong the road, such as the location of the old alignment of the
ad as it is visible from the current location.
(5) All of the foregoing facilities shall be constructed to
e reasonable approval of the County and maintained by the Rippers
a standard sufficient to ensure their continued utility by the
blic. It is understood that this obligation shall not prohibit
propriate maintenance by competent public authority if deemed
visable by such authority.
(6) Appropriate signs shall be erected, on the property of
e Rippers but clearly visible from the public right-of-way,
tifying the public in plain language that the road is open to
blic travel but is located on private property and that the
blic is required to remain within the public right-of-way under
nalty of law for trespassing. Such signs shall also inform the
blic that hunting, fishing and other similar activities are
rictly prohibited on the private property underlying and adjacent
5
lJ .
~ '
the road; that hunting and other enumerated activities to be
signated by the Park Service are prohibited in the Park; and that
torized vehicles are not permitted on the road.
( 7 ) The existing dumps of trash and other debris on and
j acent to the road shall be cleaned up by the Rippers and
propriate steps taken by them to provide for trash disposal
ereafter.
In maintaining the road as a farm road for their own
the Rippers will maintain the road in reasonable
for use by pedestrians and non-motorized vehicles.
(9) The Rippers shall undertake to assist the County and Park
thorities in the enforcement of the laws of the Commonwealth and
e analogous regulations of the Park, particularly with respect to
legal hunting, dumping and trespassing.
(10) Necessary surveying and design work shall be provided by
Rippers, at their expense.
In support of their petition, the Rippers submit the
llowing:
Se ments in uestion Are No Lon er Necessar for Public
The standard for abandonment of a public road is that the road
"no longer necessary" for use as a public road.1 Under the
rms of the statutes, as explained by the Supreme Court from time
time, there is no longer any public necessity for the
ntinuance of this road as a means of vehicular travel.
~ The Road No Lonqer Serves the Purpose for Which It Was
tablished.
As noted above, the original Turnpike was established for
rposes of connecting Albemarle County with points in Rockingham
unty. This purpose was well served for many years until the
tablishment of the Park. However, for a period of more than 50
ars, the road has not served this purpose, despite the attempts
this Board to ensure that it do so. While it is theoretically
ssible that a through road could be reestablished in this
cation, the National Park Service has made it abundantly clear,
its stated positions as well as by its actions, that it will
pose any such attempt. Moreover, the existence of excellent
lAs to segment 1., the road is "no longer necessary for public
e". See Virginia Code Section 33.1-157. As to segment 2., the
ad must be "no longer necessary for the uses of the secondary
stem of highways". See Virginia Code Section 33.1-151.)
6
. "
~ .
a ternative routes across the mountains in the form of Interstate
6, U.S. Route 250 and U.S. Route 33 make such an effort
e sentially superfluous. It is therefore apparent that the road
s gments in question do not, and will not, serve as a means of
c mmunication between the eastern and western slopes of the Blue
R dge.
~ No Property Would Be Deprived of Access to Public Road by
A andonment of These Road Se ments:
As noted above, the segments in question go nowhere, except to
ad end at the Park. The Supreme Court has held that a road which
in poor repair, which is no longer maintained by the public2and
ich provides only alternative means of access to property is not
cessary for "the reasonable accommodation of the traveling
blic." Hiner v. Wenqer, 197 Va. 869, 91 SE2d 637 (1956). This
true even though the "route by public roads to some areas is
nger than it was before the roads [in question] were abandoned.
" American Oil Co. v. Leaman, 199 Va. 637, 101 SE2d 540 (1958);
H"ner v. Wen er, supra.
There are two, and only two, lands served by the road segments
question: Brightberry Farm (owned by the Rippers) and the
tional Park. The Rippers' property will continue to be served by
public road (Route 624 and the remainder of Route 629) if these
gments are abandoned. The National Park is served by numerous
b1ic roads, including, most notably, the Skyline Drive. The
tional Park Service does not oppose the petition. See Exhibit E.
erefore, no land will be deprived of public road access if the
titian is approved.
~ The Road SeQments in Question Are No Lonqer Necessary for
Reasonable Accommodation of the Travelin Public:
The only land which the public has a lawful interest in
aching is the Park. The vast majority of the land area of the
rk is not directly accessible by public roads. This is no
a cident, as the primary purpose of the Park is provide the public
w"th the experience of a natural scenic area, unspoiled by roads
a d other artificial intrusions.
Since the road is blocked by the Park Service's gate and is
stricted by Park Service regulations, no member of the general
blic can lawfully bring a vehicle--including all-terrain vehicles
d trail-bikes--into the Park over the road. Therefore, the Park
self can only be enjoyed in this area by pedestrians and others
2Segment 1., the portion of the road which leads to the Park--
i e., the only property not owned by the Rippers--is not maintained
b anyone. The portion of the road which continues to be publicly
m intained--segment 2.--serves only the Ripper property.
7
" , ~ I
u non-motorized transport such as bicycles and horses.
Because of the deteriorated condition of the road--
rticularly segment 1. --only the hardiest of four-wheel-drive
thusiasts can even approach the Park by vehicle. The great
jority of vehicles cannot even approach the Park beyond the end
state maintenance. During the early summer of 1992, a member of
e County staff operating a fully-functional four-wheel drive
hicle (a late-model Isuzu Trooper) was forced to turn around
proximately 100 yards past the end of state maintenance. A short
me thereafter, an employee of the Virginia Department of
ansportation, operating a Chevrolet automobile, was unable even
reach the end of state maintenance. It may be possible to reach
e Park over the road by heroic efforts in four-wheel-drive, but
is clearly neither safe nor practical for the vast majority of
e traveling public. The Rippers have been informed that even law
forcement agencies such as game wardens and the Park Service
self no longer use the road for vehicular access except under the
st exceptional circumstances.3 Because segment 1. is currently
intained by no one, conditions for accessing the Park over it can
ly grow worse over time.
This being the case, keeping the road technically open to
hicular travel provides only theoretical access to the Park, and
e road is manifestly not necessary--or desirable--to accommodate
e traveling public by vehicle. To the extent access is necessary
r pedestrians and others using non-motorized means, such access
uld be maintained and approved by the abandonment of the road
der the conditions proposed by the Rippers.
~ Abandonment of the Road, as Proposed by the Rippers,
uld Provide Affirmative Benefits to the Public:
While access by lawful users of the road is minimal at best4,
e road, particularly segment 2., is all too frequently used by
espassers, illegal hunters, vandals and litterers, both on the
rk property and that of the Rippers.
~ Illeqal Huntinq and Trespassinq:
The Board is well aware that illegal hunting and trespassing
a e maj or problems in Albemarle County. This problem is especially
a ute in and around the Park, where game animals are protected and
t ere fore abundant and relatively easy prey. The Board has
3Notwithstanding, the Rippers' proposal would leave the road
o en to use by such agencies, to the extent that their use is
p ssible.
4The largest number of users of the road at anyone time in
past three years reported by anyone is five.
8
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r cognized this problem by endorsing an effort to allow County and
S ate law enforcement officials to supplement the efforts of Park
r ngers to suppress such illegal activities. Illegal hunting is
p rticularly easy where, as here, a violator can reach his desired
h nting area over a remote and deserted road which nevertheless
r mains open to public vehicular travel. As recently as May 9 of
t is year, two illegal hunters were arrested trespassing on the
R ppers' property after parking their vehicle near the end of
s gment 2. See Exhibits F and G.5
There is substantial evidence of trespassing, largely by
p rsons unknown. As can be seen in the photographs in Exhibit H,
t ere have arisen clear and well-worn trails for all-terrain
v hicles leading from the road into the interior of the Ripper
operty. The use of such vehicles is prohibited within the Park
d constitutes criminal trespass on the lands of the Rippers.
erefore, lawful activities of no member of the public will be
i paired by the restriction of such activities.
The Rippers have discussed these problems with the appropriate
w enforcement officials, and both the Park Service (Ranger Rick
iles) and the Virginia Department of Game and Inland Fisheries
arden Sergeant Kenneth Dove) agree that eliminating vehicular
cess as proposed in the petition would be a substantial aid to
w enforcement in and around the Park.
~ Illeqal Dumping, Vandalism and Litterinq:
An additional problem illustrated in the photographs of
hibit H is extensive illegal dumping of solid waste. Because of
e difficulty of reaching the Park itself by vehicles capable of
c rrying such material, this problem appears primarily on the
R. ppers' property and is therefore of primary concern to them.
C early, the Rippers have a right to be protected against such
tivi ty. However, as long as the road is open to vehicular
avel, even the greatest vigilance by them will never suffice to
op this dumping.6
5Game Warden Sergeant Kenneth Dove reported that the situation
i so bad that one illegal hunter went so far as to complain to the
D partment that the Rippers' gate which was formerly in place at
t e end of state maintenance prevented him from reaching his
f vorite hunting spot, a spot manifestly on the property of either
t e Park or the Rippers and therefore illegal.
6The Rippers have been able to identify only one such
v olator, even though there have obviously been others, during
t eir ownership of the property. This illustrates the difficulty
o identifying violators and enforcing the existing laws protecting
p operty against them.
9
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.
Moreover, while the problem is most immediately of concern to
e Rippers themselves, it is also a problem of general public
ncern. First, it is apparent that the scenic beauty of the area,
r users of the road and the Park, is greatly damaged by such
mping. Secondly, as is apparent from the photographs, the
terial in question contains toxic substances such as petroleum
stillates, asbestos and PCB's, as well as ordinary household
fuse. Whether directly or indirectly, the photographs show that
is material tends to collect in the swales and other drainage
urses on the mountain. These swales flow into the Doyle River
d thence into the South Fork of the Rivanna and end up in the
servoir of that stream. Thus, such dumping causes direct
llution of a major regional drinking water supply, in
ntravention of the County's most urgent policy concern.
The Rippers submit that it is obvious that the approval of
eir petition will put an immediate and virtually complete stop to
legal dumping from the road.
fh. Provision of Superior Public Recreational Facilities
Historic Preservation:
By contrast, the approval of the petition will provide greatly
proved facilities by which the legitimate users of the Park can
joy their lawful activities. At present, such persons can access
e Park only on foot. This would continue to be the case if the
tition is approved with the conditions proposed by the Rippers.
e only difference between the two situations is that the distance
be traversed would be slightly longer. However, since many of
e Park's users are hikers, the approval of the petition would not
ly preserve but enhance the opportunity for hiking on scenic
ails.
At present, a hiker can only use the road in competition with
m tor vehicles. If such vehicles are removed from the road, as
w'll be the case if the petition is approved, hikers will no longer
h ve to contend with the hazards and inconvenience of unexpected
counters with motor vehicles. Moreover, the removal of motor
hicles will directly enhance the serene and scenic character of
e area, both directly, by removing the vehicles themselves, with
eir attendant noise and air pollution; as well as indirectly, by
iminating the litter and crime which they tend to generate.
In addition, there currently exist no facilities for parking,
ash collection or orderly traffic circulation in turning around
any point, whether the point where the road becomes practically
passable or at the Park boundary. By contrast, all of these
cili ties are contemplated by the conditions proposed by the
ppers in their petition.
With the removal of general vehicular traffic, the Rippers
w 11 be better able to maintain the road surface itself. As the
10
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,
,
ad currently exists, it is not only largely unusable by motor
hicles, but it is neither safe nor convenient for use by horses,
cycles and the like. The Rippers would anticipate that, if the
ti tion is approved, the condition of the road would improve
gnificantly, to the benefit of the general public as well as
ncerned governmental agencies.
Finally, one of the considerations the Board must weigh is the
hOstorical significance of the road. It is perfectly true that the
own's Gap Road played a significant role in the development of
e County, as a thoroughfare for commerce and a military route of
me renown. As noted above, this role of the road is gone forever
cause of the establishment of the Park, and neither the approval
r the denial of the petition can change this fact. On the other
nd, the Rippers' proposal would improve public access and would
ovide historical information to the public which would preserve
e legacy of the road for future generations.
It is true that some persons, such as fishermen seeking the
adwaters of the Doyle River and others heading for a specific
pint in the Park, would be obliged to walk a slightly longer
dO stance to reach their destinations. However, these obj ections do
n t appear to be substantial. First, according to Mr. Rives of the
P rk Service, because of environmental conditions generated outside
t e Park (such as acid rain), there are few, if any, game fish
maining in the Doyle River. Secondly, any inconvenience to such
rsons would be small and, by comparison to the public benefits to
gained, insignificant.
In short, the approval of the petition would effectively
sult in the establishment of a kind of new linear public park
w ich does not now exist in the form of an improved, dedicated
hOking trail. This would constitute an additional amenity for the
b nefit of the public who wish to enjoy the outdoors in Albemarle
C unty at little or no cost to the County. Since the Department of
T ansportation would no longer be obliged to maintain the road for
hicular travel, the net savings of public money is likely to be
bstantial.
inions of Relevant Public A encies:
While the Rippers cannot purport to speak for the various
blic agencies concerned, they have contacted many of those
encies and believe that the positions of those agencies range
om neutrality to affirmative approval. Many of these agencies
11 undoubtedly present their own statements of position.
wever, the positions of which the Rippers are aware are as
llows:
~ County Planning and Community Development Staff
The Planning staff has taken no formal position as of the date
11
t,
, ,
.
.
this filing.
tensi vely with
knowledge that
blic.
However, the Rippers have discussed the matter
the staff and anticipate that the staff will
the proposal will pose a net benefit to the
~ County Parks and Recreation Staff
Likewise, the Parks and Recreation Department has, to our
k owledge, taken no formal position. However, our discussions with
t e staff indicate that this department will support the request.
~ Watershed Manaoement Official
The Rippers have met with the Watershed Management Official on
e site and are aware that he will recommend compliance with the
ter Resources Protection Areas Ordinance. See Exhibit H. The
oposal includes a condition requiring approval of the Watershed
nagement Official for all improvements to be made pursuant to it,
d the Rippers are fully prepared to meet all reasonable
quirements in this area. Because of the environmental benefits
herent in the proposal, the Rippers believe that their plan will
courage the objectives of the Ordinance and that the Watershed
nagement Official will have no objection to the proposal.
~ Viroinia Department of Transportation
The Rippers have met with the resident engineer on the site
a d understand that he is personally in favor of the proposal as
p oviding a savings of public money while continuing the provision
o necessary transportation services. While the Rippers recognize
t at the ultimate recommendation from the Department rests in other
h nds, it is anticipated that the Department will have no objection
t the proposal.
~ Viroinia Department of Game and Inland Fisheries
The Rippers have conferred with Warden Sergeant Kenneth Dove,
t e local ranking officer of the Department. It is the Rippers'
u derstanding that Sergeant Dove actively supports their proposal.
~ National Park Service
As noted above, the Rippers have conferred extensively with
Rives of the National Park Service and understand that the
rvice does not oppose the petition. Moreover, our discussions
th Mr. Rives and Ranger Chiles indicate that the Service sees
rit to the proposal.
nclusion and Relief Sou ht:
For the foregoing reasons, the Rippers respectfully request
the Board approve the abandonment of the segments of road
12
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,
,
d scribed hereinabove, subject to the conditions set forth in this
p tition.
Respectfully submitted,
Edward H. Ripper
Phyllis O. Ripper
F ederick W. payn
4 2 East Jefferson Street
C arlottesville, Virginia 22902
( 04)977-4507
13
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.
PETITION FOR ABANDONMENT OF PUBLIC ROAD
T e attached petition is authorize by, and submitted on behalf of, the undersigned,
o ners of the land which is traversed by the roads sought to be abandoned.
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Photographs for This Exhibit
Will Be Supplied Later
3 ,
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IRON ROO SET
NOTE:
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~,} TITLE SOURCE
6.) THE L~ND USe
PURSUANT TO
ORDINANCE IN I
FOR IMFORMA 7
RES TRIC TlVE C
THEIR APPE~R.
.' 7. IMPOSE THEM,
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71213999361215
P.02
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'rE'd:
the delay in rE3ponding ~o your Facsimile letter to me
the Brown's Gap Road.
h~y~ not fc~gotten your requ~~t,
1$ staff on t~e issw~.
~nd h~ve met with W~yne and
h~ N~tional Park Ssrvic~ pO$itlon on the proposal i$ thEt He
elie-ve that mCi\Il'l c,-f the> c.Jt-Opasalii have mar-it, and we will MOt
PPQS", YOLlr r eC\:..let;t. HC:,\"~\fet-. beC,3L\Se, the ent i re road i s~,ue is
ver ~ mile from the park ~ound~ry, we will ultimately leave the
scision in the hand~ of ~lbem~r1e County.
I thiGk Wayne is still rEc~lving i'~ut frc~ his st&ff.
should cont~=t him to ~eceive a ~t~tu~ r-~port.
e,ndy ~~
~3-.~'t,'9'-:-:.~,0Ql
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703'39'336~15
P. :31
}lationai Park Service
Shenandoah National Park
Route 4, Box 348
Luray, v"irginia 22835
Fax F'orm
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Date: ?ijr/t l--.r--~- Time: CJlYCO
To: ,F~~'~L~;r~
Frollll Park m N 'm~~~/999-:::ii.1 ~f-{'
Sub':' Qct:
.J _---
Number of pagts to Follcw;
Special Instructions:
If there is a problem, ~lease call:
(' Name)
Fhclrle. :
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RES 0 L UTI 0 N
BE IT RESOLVED by the Board of Supervisors of Albemarle
C unty, Virginia, that all previously issued special use permits
f r mobile homes in the Rural Areas (RA) zoning district of
A bemarle County, Virginia, which include conditions prohibiting
r ntal of those mobile homes, limiting their occupancy to the
a plicant or the applicant's immediate family, prohibiting
t ansfer of the special use permit or limiting the special use
p rmit to five (5) years duration, are hereby amended to
e iminate the above conditions.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing
w i ting is a true, correct copy of a resolution adopted by the
Bard of County Supervisors of Albemarle County, Virginia, at a
r gular meeting held on OC~: 1~
C~~d of Cou
-' I u -- ( c{ -'1 t-
D. .CANDLER
LIOS PATH
BA OURSVILLE, V A 22923
Tel: 804-978-7944
October 11, 1992
Carles Martin
Ibemarle County Supervisor
4 1 McIntire Road
C arlottesville, 22901
fter reading the local paper, it sounds as if house trailers are coming! I sincerely hope that you and
y ur fellow supervisors think about what you are about to unleash on the rural section of Albemarle
C mnty and not get caught up in social engineering.
e moved here 7 years ago. We chose Albemarle County over Greene and Orange Counties because of
e tighter zoning, planning, and building inspection requirements. I'm afraid these standards are being
c mpromised by the current board. Variances, exceptions, and rezoning approvals are becoming the
n rm.
I ealize anyone opposes the changes in the current rules regarding house trailers are being branded elitist
b t that is a cross that I will have to bear. I just can't sit silently by and let one or two activists on the
panning board to control the agenda.
e spent the first four years of our marriage living in a house trailer while I was in service so I have
s me knowledge on the subject. I agree that the house trailer may be the only way for people to get
a fordable housing. But they should be in Trailer Parks where they a better chance to be controlled as
t upkeep and appearance.
A lowing a trailer to placed anywhere in the county directly affects the valuation of it's neighbors
p operty and it's marketability. Whether the trailer is neat and tidy or a dump, the neighbors are effected.
e Realtors are quick to point out this fact. County assessors are slow to acknowledge this fact. We
h ve trailers on our road and what I say is factual.
at disturbs me the most is the fact that trailers will be allowed to be rented. It's one thing for the
o ner's to live on the premises but when they move up to better housing the current neighbor's are still
s ck with the trailer. At least, set up a standard of livability prior to renting the trailer. This might
p event slumlords getting into the trailer rental business.
hat will the board do when the activist come back and say land is too costly and the requirement should
b 1 acre? When will it stop??
ank you for your attention.
/' / "
'. Ire' IX;'
I. (., ~;r.: -,'" ,. '- /'
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1/ L.-
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COUNTY OF ALBEMARLE
MEMORANDUM
Board of Supervisors b.
11 \,.., J .
Bob Brandenburger, Assistant County Executiv~'
October 11, 1992
Agenda Item #8, Supplemental Information Regarding
The "No Rental" Condition On Mobile Homes
tached is a draft resolution for consideration if the Board
re to approve the deletion of the "No rental" condition from
eviously approved special use permits. This was inadvertently
ft out of your Board package for your October 14, 1992 meeting.
,. - _e"
RESOLUTION
BE IT RESOLVED:
That all previously issued special use permits for mobile
h in the RA zoning district of Albemarle County, which
i clude conditions prohibiting rental of those mobile homes,
1 . mi ting their occupancy to the applicant or the applicant' s
i family, prohibiting transfer of the special use
p rmit, or limiting the special permit to five years duration,
a e hereby amended to eliminate the above conditions.
'. ....--
9-Y:- t:f2_
County of Albemarle
EXECUTIVE SUMMARY
, ,
\ _..n -..1
AGENDA ITLE:
Conditi ns of Approval on Mobile Home
Special Use Permits
AGENDA DATE:
September 9, 19~2'
,I~M~E':
,y,.< / 0';:;0 ~ .5"7 2~
ACTION:----1L-
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF C
Messrs.
Brandenburger, McCulley
ATTACHMENTS: No
REVIEWED BY' ~r
BACKGRO
Special Permits are required for mobile homes and are handled administratively if there
are no bjections from the public or are handled by the Board of Supervisors in the event
there a e objections. Board approval has been on condition of not allowing rental or
occupan y by anyone other than the original owner-applicant, or his/her immediate family.
This co dition is not required on administrative approvals. In view of the Board's recent
denial f ZTA-91-05 which would have limited occupants of a mobile home to the owner of the
propert or a lineal relative of the owner, the inconsistency between administrative and
Board a prove mobile homes remains a problem. The County Attorney has advised the Zoning
Adminis rator not to enforce the condition prohibiting rental as they are unenforceable. It
is the s aff' s and Planning Commission's recommendation that this condition should be removed
from pr viously approved SUPs as a "blanket" action.
ATION:
esolution of Intent to amend previously approved SUPs for mobile homes by removing
ition restricting rental or occupancy and set a public hearing. The public hearing
cheduled for October 14, 1992.
92.129
'.. 4
COUNTY OF ALBEMARLE
Department of Zoning
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 18, 1992
TO ALL MOBILE HOME SPECIAL USE PERMIT HOLDERS:
This is to notify you of a public hearing by the Board of
Supervisors for the purpose of eliminating the rental restriction
on all mobile home special permits. The meeting will be held on
October 14, 1992 at 7:00 p.m. in Meeting Room #7, Second Floor,
County Office Building, 401 McIntire Road, Charlottesville, VA.
It is not necessary that you attend the meeting.
If you have any questions, please call the Zoning Department at
296-5875. Questions concerning the agenda should be directed to
the Board of Supervisors' Clerk at 296-5843.
Sincerely,
A~4c~~~c.P.
Zoning Administrator
AGM/st
l
..
,
,.
10 - 7 -'1 ~
(12, (0 t <f I (;2 L
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
eptember 23, 1992
argaret B. Martin
. O. Box 54
ree Union, VA 22940
SP-92-47 Margaret B. Martin
Tax Map 29, Parcel 45A
Ms. Martin:
he Albemarle County Planning Commission, at its meeting on
eptember 22, 1992, unanimously 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:
Compliance with VA-92-26:
a. Health Department approval for adequacy of the existing
septic field;
lease be advised that the Albemarle County Board of Supervisors
ill review this petition and receive public comment at their
eeting on October 14, 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.
1
Margaret Martin
Page 2
September 23, 1992
If you should have any questions or comments regarding the above-
noted action, please do not hesitate to contact me.
Sincerely,
d~-i?~
William D. Fritz
Senior Planner
MDFjjcw
cc: Lettie E. Neher
Amelia Patterson
Jo Higgins
2
AFF PERSON:
NNING COMMISSION:
ARD OF SUPERVISORS:
WILLIAM D. FRITZ
SEPTEMBER 22, 1992
OCTOBER 14, 1992
S -92-47 MARGARET B. MARTIN
tition: Margaret Martin petitions the Board of Supervisors to
sue a special use permit to allow an existing single-wide
bile home to remain and be available for rent [10.2.2(10)J on
o acres zoned RA, Rural Areas. Property, described as Tax Map
, Parcel 45A, is located on the north side of Old Free Union
ad (Route 653) approximately 0.2 miles east of Free Union Road
oute 601) in the white Hall Magisterial District. This site is
t located within a designated growth area (Rural Area 1).
aracter of the Area: This site is located at the end of Old
ee Union Road across from the Virginia Department of
ansportation Maintenance Center. There are three other houses
this road. The property to the east is in pasture and is in
agricultural/forestal district. This property is occupied by
site built structure and a mobile home.
licant's Pro osal: The applicant seeks this permit in order
allow the mobile home to remain and allow rental of the mobile
me.
and Zonin
tober, 1971 - MHP-179 approved administratively to permit
s orage of mobile home requested under SP-146.
cember, 1971 - Board of Supervisors denied SP-146, a request
r a single-wide mobile home (mobile home already on-site) .
aff has reviewed the Board minutes for this action and is
able to determine the reason for denial.
1971 - SP-152 voided. This was a request similar to
nuary, 1972 - MHP-202 approved allowing mobile home for use by
mily members or agricultural employees.
ne, 1987 - MHP-87-15 approved. This was for replacement of the
home permitted under MHP-202.
gust 11, 1992 - The Board of Zoning Appeals granted variances
r reduction in setback for the existing mobile home and to
crease density.
"
rehensive Plan: This property is located in Rural Area 1 of
Comprehensive Plan.
COMMENT:
six mobile homes within one mile of this
This mobile home was originally permitted
a mobile home for use by the immediate family or an
ricultural employee. The applicant seeks a special permit for
is mobile home in order to allow rental of the mobile home. A
riance has been obtained for the location of this mobile home
ttachment D). During the review of the variance one letter was
ceived (Attachment E).
ould the Planning Commission and the Board of Supervisors
oose to approve this request, staff offers the following list
conditions:
COMMENDED .cONDITIONS OF APPROVAL:
1. Compliance with VA-92-26:
a. Health Department approval for adequacy of the existing
septic field;
b. Screening approved by the Zoning Administrator shall be
installed the length of the trailer, within six (6)
months of this approval.
ACHMENTS:
- Location Map
B - Tax Map
C - Location of Mobile Homes Within One Mile
D - Action Letter for Variance 92-26
E - Letter from Adjacent Property Owner
F - Sketch Showing Location of Structures On-Site
2
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I ATTACHMENT A I
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ALBEMARLE
COUNTY
43
WHITE HALL AND
JACK JOUETT DISTRICTS,
SECTION 29
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COUNTY OF ALBEMARLE
Department of Zoning
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
August 12, 1992
Margaret B. Martin
P. O. Box 54
Free union, VA 22940
RE: Board of Zoning Appeals Action VA-92-26
Tax Map 29, Parcel 45A
Dear Ms. Martin:
This letter is to inform you that on August 11, 1992, during the
regular meeting of the Albemarle County Board of zoning Appeals,
the Board (3:2) approved your request for VA-92-26 subject td the
following conditions:
1) Health Department approval for adequacy of the existing
septic field, and
2) screening approved by the Zoning Administrator shall be
installed the length of the trailer, within six (6) months
of this approval.
3) Subject to approval of special use permit.
The variance approval grants relief from section 10.4 of the
Albemarle County Zoning Ordinance to a) reduce the side setback
from 25 to 10 feet to allow an existing mobile home to remain as
built and b) to increase the density by reducing the acreage
required per dwelling unit from 2 to 1.
If you have any questions, please contact our office.
Sincerely,
~. ~~~~.
Zoning Administrator
AGM/st
cc: Gary Rice, Thomas Jefferson Health Department
Zoning Administrator
I ATTACHMENT EI
Mr. and Mrs. Harold A. via, Jr.
Hob $ob
Post Offioe Box 22
Free Union, virginia 22940
July 8, 1992
Ms. Amelia M. Patterson
zoning Administrator
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22901-4596
Re: SP-92-47
Margaret B. Martin, Owner
Dear Ms. Patterson:
We own TMP 29-49C and 29-50. During the growing season we run
a small herd of steers on Parcel 49C. From time to time we have
observed items of trash in our pasture very close to the mobile
home which is the subject of this request. Aside from being
unsightly this trash could cause injury or illness to our cattle.
We do not wish to be unneighborly and we do not oppose the
right of the applicant to maintain a mobile home on her property.
However, we strongly prefer that she abide by all the rules which
the County has adopted for the protection of adjoining landowners
in the Rural Areas.
For this reason we would like to see the mobile home moved
forward so that the minimum side yard of twenty-five feet is
achieved and we would like to have some soreening (such as a row of
whi te pines) planted along the fence, all as provided for in
5.6.2(b) and (e) of the Zoning Ordinance.
Please see that this letter is also included with any
application for a variance which Mrs. Martin may make to the Board
of zoning Appeals.
Thank you for your
consideration.
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~i(~ld A. Via, Jr. Gt ~
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Ann M. Via'
cc: Mrs. Margaret B. Martin
RECEiVED
~UL 21 1992
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AL8EMAHLE COUNT'(
ZC>::;-.~G DEPARTI.48'4T
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296.5823
September 23, 1992
Allen or Edna Dunbar
Rt. 1, Box 76-AA
Charlottesville, VA 22901
RE: SP-92-5l Allen and Edna Dunbar
Tax Map 89, Parcel 52
Dear Mr. & Mrs. Dunbar:
The Albemarle County Planning Commission, at its meeting on September 22,
1992, by a vote of 3-2, recommended approval of the above-noted request to the
Albemarle County Board of Supervisors. Please note that this approval is
subject to the following condition:
1. Staff approval of subdivision plats.
Please be advised that the Albemarle County Board of Supervisors will review
this petition and receive public comment at their meeting on OCTOBER 14. 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.
If you should have any questions or comments regarding the above-noted action,
please do not hesitate to contact me.
Sincerely,
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William D, Fritz
Senior Planner
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cc: Lettie E. Neher
Amelia Patterson
Jo Higgins
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Chairman 0 Ihe Board
Charles S, Wh tehouse
Vice Chai an
John H, Birds II, ill
Secretary
Jean S. Brown
Trea.surer
J,W, Abel Smi h
Presidenl
Robert T, Den Is
ors
Albemarle ounly
& Charloll vllle
J.mes L, B.llh 1m
Mrs. C. McGh e Baxter
John H, Blrdsa I,m.
M rs, Robert C rter
Reuben Clark
Francis H. File
Reuben Hilch k
C. W, McNeel, III
Mrs. D.Frenc Slaughter, ill
DavId van Roi n
Clarke Cou Iy
Raymond H, lose
Joan K, Fine
Mrs. Matthew .ckay-Smith'
Fauquier Co nly
J, W, Abel Smlt '
Cynthia D, Be r
John Coles
Bcngt O. Films rom
Mrs. Paul Fout
Meg.n G.llag r
Peter F. S. Oh ' rom
Hope IV, Porte
Charles S. \Vhi chouse-
Loudoun Co nty
Jean S. Brown'"
Linda S. Cox
Bennett Davis
G, Frederick Fr gin
Will R. Hacke milh
G, A, Horkan, J .
]C'Jnne L. More cy
Charles R. Plan k
Madison Co nly
Robert Dem.ilre t
Neil T. Jones
Orange Cou Iy
.\1rs. A. N. Diln ('1
Mrs, John B. Ja e
James HT. Me onnell, Jr,
Frank A, Thorn s, III
Rappahanno k County
Susan C. !lJbco .k-
Diane Bruce
Mrs. ThOrn.lS L. Eastham
Hunt Harris
Chairman E eritus
B, Powell Harrl n, Jr,
Directors Em ritus
Mrs. Dem..Js T. rilW
Philip Irwin
George C. ~1cG Ct"
Mrs. James P.:" ills
Mrs. James B. ~ urrdY
Joseph Prender ilst
Duncan H. Rea
Theodore G, Sc tt, Jr,
Sandra Spciden
Mrs, James L. iley
. Executive Co ttee'
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PIEDMONT ENVIRONMENTAL COUNCIL
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Protecting The Environment Is Everybody's BlIsiness
TO:
The Albemarle County Board of Supetvisors
FROM:
The Piedmont Environmental Council
Presented by David Van Roijen
DATE:
October 14, 1992
RE:
SP 92-51 (Dunbar)
The Piedmont Environmental Coundl has two primary concerns
about the request for a Spedal Permit to allow an additional development
right to Mr. and Mrs. Dunbar.
First: We have reviewed the staff report pertaining to this request
and it appears that there is very little, if any, reasonable agricultural or
timbering use available on the Dunbar parcel. However, we do believe
that current zoning allows the Dunbars a reasonable use of their land and
that there is therefore no legally compelling reason for the Board to grant
this spedal use permit.
The P.E.c. does recognize that the RA zone anticipates that there
may be some limited drcumstances where a special permit should be
issued to allow the creation of additional lots in the RA zone. That
circumstances justifying the allowance of such additional lots are rare is
underscored by the fact that in the past twelve years the Board of
Supervisors has only permitted 16 additional lots in the RA zone,
If the Board determines that the Dunbars' request is surrounded by
those rare circumstances justifying the allowance of an additional lot, we
urge the Board to state the nature of those drcumstances clearly in
granting approval of this request so that the expectations of the thousands
of Rural Area landowners will not be raised that obtaining additional
development rights from this Board is an easy thing.
For example, we feel that justifying the approval of this request
even in part upon the ground that the additional lots are to be used by
Dunbar family members, particularly viewed in conjunction with the
recent approval of the Clark request and given the unenforceable nature of
28-C Main Street, Box 460, Warrenton, Virginia 22186/703-347-2334/Fax 349-9003
1010 Harris Street, Suite 1, Charlottesville, Virginia 22903/804-977-2033
.
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S atement to Albemarle County Board of Supervisors
tober 14, 1992
P ge2
f mily ownership, would establish a precedent in the County which will seriously
i pair the effectiveness of the RA zone as a whole.
We urge you to avoid establishing such a dangerous precedent if you chose to
a prove this request and to take as much care in the wording of your approval as
y u did recently in approving the requested expansion of the SelVice Authority's
j risdictional area to include the former Gallery Restaurant property near Crozet.
Second: Although I am still speaking for the PRC, I can testify as an
i dividual who has traveled the Old lynchburg Road that it is a very dangerous
r ad with many blind spots concealed by numerous hills and curves and
c nsiderable vegetation. Another aspect of the Dunbar application directly related to
t e public safety is that the private road which will provide access to this additional
1 t which you are asked to approve has insufficient sight distance on the Old
1; chburg Road.
We recognize that if this lot is legislatively allowed by the Board the
s bdivision plat which will create the lot may be exempt from County sight distance
r quirements because of the "family division" rules imposed by the
ommonwealth. We also recognize that the combination of the "by right"
d velopment lots already used by the Dunbars and the "family division" provisions
p rtaining to the plats creating those lots have already established an entrance on
ld Lynchburg Road without adequate sight distance. This entrance selVes the six
1 ts already divided by the Dunbars, and if their present request is approved it will
a Iowa seventh family to exit and enter Old Lynchburg Road at this point.
Not only will this entrance pose a danger to the future owners of the seventh
t now requested by the Dunbars (whether or not they Will always be Dunbar family
embers), it will pose a danger to the public traveling Old Lynchburg Road,
i cluding me. We believe that it would be a mistake for this Board to make a
d cision over which the law allows it to exercise broad discretion, such as this
s ecial permit request, Without considering the public safety consequences of that
decision.
It appears that the public safety aspect of this request may be overlooked
cause the subdivision plat creating the lot, if this special permit is approved, will
b exempt from sight distance requirements by the "family division" rules.
owever, as the staff report points out, the "family division" rules do not apply to a
z ning decision such as the issuance of this special permit. We urge the Board to
c nsider the consequences for the public safety of approving the creation of this
a ditional lot. We do not think that the circumstances supporting the approval of
t is request outweigh the threat to public safety which Will be necessanly increased
if this request is approved.
TAFF PERSON:
LANNING COMMISSION:
OARD OF SUPERVISORS:
WILLIAM D. FRITZ
SEPTEMBER 22, 1992
OCTOBER 14, 1992
P-92-51 ALLEN AND EDNA DUNBAR
etition: Allen and Edna Dunbar petition the Board of
upervisors to issue a special use permit for an additional
evelopment right [10.2..2(28)] on 6.151 acres zoned RA, Rural
reas. Property, described as Tax Map 89, Parcel 52, is located
n a private road 0.4 miles west of Old Lynchburg Road (Route
31) approximately 1.1 miles south of its intersection with
udley Mountain Road (Route 706) in the Samuel Mill Magisterial
istrict. This site is not located within a designated growth
rea (Rural Area 4).
This property is wooded and gently
loping. There is one dwelling currently on the site. Adjacent
roperties are also wooded. This site is at the end of a private
oad which serves six ~ houses which are on lots created as a
amily division.
licant's Pro sal: The applicant is proposing to construct a
ew dwelling for their daughter and to divide the property to
reate two separate parcels. This division will qualify as a
amily division.
UMMARY AND RECOMMENDATIONS: Staff has reviewed this request for
ompliance with the provisions of Section 10.5.2.1 of the Zoning
rdinance and recommends approval.
and Zonin
pril 16, 1981 - Mobile home permit administratively approved.
uly 16, 1987 - Mobile home permit administratively approved
(previous mobile home had been removed).
ecember 15, 1987 - The parcel under review approved as a family
ivision. (The deed that conveyed the property states "The
rantors are giving the five (5) lots shown on the aforesaid plat
o certain of their children and it is their desire that these
ots remain within the family of the Grantors for a period of
wenty (20) years. This conveyance is made subject to the
ovenant, condition and restriction that none of the five (5)
ots shown on the abovesaid plat attached hereto shall be
ransferred to anyone who is not a child or grandchild of the
rantors or Grantees.")
1
~ugust 10, 1989 - Mobile home permit administratively approved
(previous mobile home had been removed).
~ecember 6, 1989 - Minor lot line adjustment approved
administratively.
Comorehensive Plan: This area is located within the Rural Areas
as recommended by the Comprehensive Plan. The Comprehensive Plan
states, "Additional lots are contrary to Rural Area preservation.
However, there may be parcels which could qualify for additional
lots under the ordinance criteria, especially adjacent to Growth
Areas" (page 204). The Plan observes that, "The special use
permit provision has resulted in very few additional lots
approved since 1980, which may indicate that few properties meet
the established criteria" (page 204).
The 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."
Staff offers the following comments regarding the four elements.
The site has very limited use for agriculture and forestal
activity due to existing lot size. The site is not located
~ithin the watershed of a drinking water impoundment. The
proposal results in one additional dwelling (over what would be
allowed by-right) which should result in a limited increase in
demand for services. There are no significant natural, scenic or
historic resources on the property as identified in the Open
Space Plan which merit special consideration. The four elements
stated by the Comprehensive Plan are also addressed in latter
portions of this report under the criteria listed in Section
10.5.2.1.
STAFF COMMENT:
Staff reviews all requests for additional lots in the Rural Area
under Section 10.5.2 of the ordinance. Since adoption of the
ordinance in 1980, 16 requests heard by the Board of Supervisors
have been for additional lots. Eight (8) petitions have been
approved for a total of sixteen (16) additional lots (Attachment
E). Board approval has typically been based on a finding that
the application adequately meets the criteria of Section
10.5.2.1, such as location next to a growth area or existing
~evelopment, or has some unique circumstance.
2
he zoning Ordinance specifies criteria in Section 10.5.2.1 which
's to be used during review of a special use permit for
dditional lots. The following is an analysis based on those
riteria:
of Su
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 approximately six (6) acres.
Slopes in the area of the proposed dwelling range from seven
to fifteen percent (7-15%) based on information contained in
the Soil Survey of Albemarle County. The site is wooded
except for the area occupied by the existing dwelling.
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 C) and staff has prepared a map
showing the approximate boundaries of various soils on-site
as well as the approximate location of the existing and
proposed dwellings. The Soil Conservation Service has
stated "This parcel has a small acreage suitable to
agricultural use (29C). However, because of its size and
location, it is not economical to use for agriculture. The
steeper slopes on this parcel also limit its use for
agriculture."
3. The historic commercial agricultural or forestal uses of the
property since 1950, to the extend that is reasonably
available.
The site has not been in agriculture or forestal use for a
number of years. Prior to the division which created the
parcel under review the parent parcel was farmed. The exact
agricultural history of the parent parcel is not known.
3
~. 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.
Forty-seven percent of the land within one mile of this site
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 not
within an agricultural or forestal area.
~. 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. .
Seven percent (7%) 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.
~. 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.
4
The property is located 3.8 miles from the Urban Area, 16.6
miles from the Community of Scottsville and 6.8 miles from
the Village of North Garden.
~. 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 non-tolerable road;
c. Increase traffic on an existing non-tolerable road.
Old Lynchburg Road (Route 631) is currently listed as non-
tolerable and carries 838 vehicle trips per day based on
information provided by the Virginia Department of
Transportation (VDOT). Based on VDOT information this
proposal may result in ten (10) additional vehicle trips per
day on Old Lynchburg Road. The comments of VDOT are
included as Attachment D.
Staff notes that this development qualifies as a family
division. Therefore, the private road will not have to be
upgraded and the applicant will not be required to improve
the entrance to the state road.
SUMMARY AND RECOMMENDATION:
Staff has identified the following factors which are favorable to
this request:
1. The site is not within an agricultural/forestal area based
on use value taxation records.
2. The size and shape of the property reduces the viability of
the site for agricultural and forestal use.
3. The site has not historically been used for agriculture or
forestry.
5
~. The proposed development will have a minimal impact on
capital improvements programming.
5. The site is not in a watersupply watershed.
6. Request is not in conflict with resources identified in the
Comprehensive Plan (Open Space Plan).
~taff has identified the following factors which are unfavorable
to this request:
1. The site is not located in a developed Rural Area.
2. The site is not within close proximity to designated growth
areas.
3. The proposal will increase the traffic on a non-tolerable
road.
Staff is unable to identify any alternatives that would permit a
second dwelling on this parcel without the need for a special use
permit. This proposal will qualify as a family division.
Therefore, the division of the property will exempt it from most
requirements of the subdivision ordinance. No improvements to
the access road will be required, however, the maintenance
agreement for the road must be amended.
The proposed development can meet the intent of the family
division exemption provision of the subdivision ordinance by
maintaining the property within the family. However, the family
division exemption does not relieve the applicant from the
development right regulations of the Zoning Ordinance.
Staff has reviewed two other requests for additional development
rights involving family. SP-88-103 Lois Beckwith was approved by
the Board of Supervisors. Staff finds that the current request
bears little relationship to SP-88-103 in that the Board approved
SP-88-103 because of prior County administrative error and the
purpose of the additional dwelling to provide independent housing
for an elderly family member.
SP-92-46 James E. Clark was approved by the Board of Supervisors
allowing additional development rights on a 25 acre parcel to
permit two dwellings and a public garage. The Board based its
approval, in part, on sensitivity to the request being for family
members.
In another review of additional development rights (SP-89-57
Robert and Sandra Haney), the applicant indicated to the Board
that they might want to make the lot availab~e to their daughter
and son-in-law. However, the Board denied the application
because development rights had been exhausted and approval would
6
set an unwanted precedent.
Staff opinion is that approval of the additional lots would have
minimal effect on the integrity of the four purposes of the Rural
Areas as described by the Comprehensive Plan. This request meets
some, but not all, criteria of Section 10.5.2.1 of the Ordinance.
Current zoning does provide reasonable use of the land and there
appear to be no unique factors which take precedent over the need
to satisfy criteria of Section 10.5.2.1. (It should be noted
that historically applications have not satisfied all criteria of
Section 10.5.2.1.). The Board's recent decision on SP-92-46
James E. Clark did give importance to consideration of additional
development rights for family.
Review of this application has provided mixed findings. The
property is located away from existing development or growth
areas, but is not in an agricultural/forestal area. Based on
this fact and the Board's most recent findings and action
regarding additional lots for family members, staff would
recommend approval of this request.
Should the Board of Supervisors choose to approve this request,
staff offers the following conditions:
RECOMMENDED CONDITIONS OF APPROVAL:
1. Staff approval of subdivision plats.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Soils Analysis
D - Virginia Department of Transportation
E - Summary of Requests for Additional Lots Heard by the Board of
Supervisors
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SCALE IN 'ElT
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SCOTTSVILLE AND
SAMUEL MILLER DISTRICTS
SECTION 89
United States
Department of
Agriculture
Soil
Conservation
Service
I ATTACHMENT CI
401 McIntire Rd.
Charlottesville, VA 22902
August 12, 1992
RECEIVED
AUG 1 2 1992
r. Bill Fritz
enior Planner
ept. of Planning & Community Development
01 McIntire Rd
harlottesvi11e, VA 22902
PL.i\f.J~~}~~G D:=.PT.
ear Bill:
ttached is soils information on Parcel 52, Tax Map 89
(Dunbar) in Albemarle County. This parcel has a small
acreage suitable to agricultural use (29C). However,
ecause of its size and location, it is not economical to
use for agriculture. The steeper slopes on this parcel also
limit its use for agriculture.
Since~,
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The So.1 Conservatron Service
IS an agency 01 the
Department of "'griculture
u.s. Department of Agriculture
S( i I Conservation Service
I ATTACHMENT C II Page 21
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - AGR
Slrvey Area- ALBEMARLE COUNTY, VIRGINIA
Map
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o t:: s c t- i P t i (, n
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ALBEMARLE VERY STONY FINE SANDY LOAM, 15 TO 25 PERCENT
~3U:IPES A I berflat-I e i~.; ,i de,?p, we I I dt-a i ned 50 i I.
Penfleabi I it 'I and i:j,vai IC'lble '....a.tet- capacity at-e modet-ate.
Surface runoff depends on slope. The hazard of erosion
varies with slope, from moderate to severe. The
subso i I ha'~ 10'H sht- i nk..-swe I I pot(0nt i iil. The t-oot zone
extends to a depth of 30 inches or more. Natural
f e I'" t i lit 'I <:1, n d 0 1'- :3 (3, n i c rli <:1, t t e 1'- c (, n ten t ax e low. T his 5 0 i
is strongly acid surface layer is variable because of
I 0 c a I I i m i n g. D (0 P t h t 0 bed t- (, c k i ,; 40 t 0 (:,0 i n c h e 5 0 t-
mot-e.
CULPEPER FINE SANDY LOAM, 7 TO 15 PERCENT SLOPES
Cui pep e t- 5 0 i I s a 1'- e d F: e p a, n d 'H e I I d t- a. i n e d. F' e t- rli e a b i lit Y
a. n d a v a i I a b I e 'H a t f~ t- cap a c: i t 'I aT f~ rn 0 d E! t- a. t E!. Run 0 f f
erosion hazard vary with slope from medium to severe.
T i I t his 9 (, 0 d. The (. t- :3 ani c mat t e t- c (I n ten t d. n d the
n at u 1'- a I f e t- t i lit 'I ii t- i? I () w. f~: e <:1, c t ion co mm 0 n I y i 5 ve t- y
strongly acid or strongly acid throughout, but is
v a t- i a, b lei nth t? ~; U t- f ;::\ C F! I aYE' 1'- t,- e c au.::. F: 0 f I 0 \= a I I i m i n:J .
The root zone extends to a. depth of 36 inches. Be~rock
i s :3 e n (0 t- a I I 'I a. tad ('!: p t h (, f "50 i n c h ('~ s 0 t- m ,) t- e. The
5 u b 5 0 i I h ci. 5 m 0 oj e t- ate 5 h t- ink - s '.Jt! I I P (I ten t i a I .
29C FAUQUIER SILT LOAM, 7 TO 15 PERCENT SLOPES Fauquier
5 0 i I s a 1'- E' d e e p w e I I d t- a i n e d 5 0 i I s. F' E) 1'- m e ci. to i lit 'I i s
rli (I d ii:! t- ate a 1", d <:1. V a, i I <:l b Ie',.,) a t f? 1'- cap a c i ty ish i :.3 h. E: t- 0 S i 0 rl
hazard ranges from moderate to severe. ThE! subsoi I has
moderate shrink-swel I potential The root zone extends
t (, a d e p t h (I f ::;:: 0 i n c h e 5 (I t.. ril') t- e. T h f~ ,) t- :3 ani c m C1. t t e t-
c (I n ten t i~; I I) W t (I rn I) d e ,.- a, t e, ii n d the n a t u t- a I f e t- t i lit 'I
i 5 rn e diu m. T his 5 (I i I com m (, n I ''/ i s rn e diu m a. c i d (I t-
strongly acid throughout, but reaction in the surface
I ,';j, Y e t- i~, v <:), ,.- i a to I e b e c (3, use (. f I 0 c a I I i m i n ~J. H a, t- d t- (I c k i s
at a depth of more than 40 inches.
,:::9D
FAUQUIER SILT LOAM, 15 TO Z5 PERCENT SLOPES Fauquier
5 (, i I 5 a t- e d e e p 'oJ e I I d 1'- air, e d ::; ,) i Is. F' e nil f? a b i lit Y 1 S
m (I d e t- ate and a. v C1. i I <i. to Ie'..... a. t e t- c ,i P i:i. C i t 'I ish i 9 h. E t- 0 5 i (I n
hazard ranges from moderate to SE!vere. The subsoi I has
moderate shrink-swel I potential The root zone extends
to a depth of 30 inches or more. The organic matter
con t t,) n tis I (0.....' tom 0 d e t- ate, C1. n d t h t' n a t LW ij, I f e t- t i lit Y
is riled i urn. Th i s so i I corilfnon I 'I i s m('~d i urn ac i d Ot-
strongly acid throughout, but reaction in the surface
layet- is vat-ia.bl(,? bf?ca,u';;ii:! of local I irnin:3. Hal.-d t-(lck is
.
U. :;. D e p ax t 1'0 e n t (. f 9 t- i cui t U1'- e
S 0 i J Con '3 e 1'- 'I a t ion ~:J .~ t- 'I i C l?
I ATTACHMENT C I!Page 31
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - AGR
Survey Area- ALBEMARLE COUNTY, VIRGINIA
---------------------------------.------------.--.----------------------------------
f'rhp
Symbol
Descl'- i pt i on
--------------.-----------.----------.-----.-------------------------------------------
at a depth of more than 40 inches.
31D 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 we I I d t- d. i n e d S 0 i Is.
F' l? no e a b i lit Y i s I'll 0 d f? 1'- a t (? and a. v cl i I a b I e ',.,1 ate t- cap d. 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
ot-gan i c mattel'- content I s 10',.,1 to rnodet-atf2, and th(?
n a tu t- a, I f e 1'- t i lit Y i"; me d i urn. T his so i I c 0 rorn (. n I y i ':;
medium acid or strongly acid throughout, but reaction
in the sUt-face I <'lyet- is \/at-ia,ble because of local
I i fil i n:3. H a t- d 1'" (. c k i s a. tad e p tho f rn 0 t- e t h a n 40 i n c h e s .
9:::::0
WATT CHANNERY SILT LOAM, 15 TO 25 PERCENT SLOPES Watt
'3 0 i I s ax e ITI 0 d r:? t- a, tel 'y' d (? e p cl n d 5 0 mew h a. t e :-: c e 5 s i 'I e I y
d t- a i n e d. Penn e a b i lit Y i s ro 0 d E' t- ate I y t- a, p i d, and the
a v a i I a b I e w ate t- cap a c i t Y i s v e t- y I.)',.,). The 5 u b s 0 i I has
low shrink-swel I potential. The root zone extends to a
depth of about 20 inches. The orga.nic matter content
,1 n d the n a t u t- i:i. I f e t- t i lit Y ii t- e I (. w ,. T his S 0 i lis 'I '2 t- Y
':, t t- ,) n ~3 I Y a c: i d t h t- .) u :J h 0 u t. D I::' 1:1 I:; h t.) _ bed t- I) c k t- a n 9 e s f t- 0 rn
20 t;.) .40 i n c he s .
"
..
U,S. Department of Agriculture
Soi I Co~servation Service
I ATTACHMENT C I [page 41
SOIL FEATURES
Survey Area- ALBEMARLE COUNTY, VIRGINIA
Map sym~ol and
soi I n~me
: ------Cemented--h--: : Potent i a I : ----R i sk I)t con-os i on-----
:------Bedrock------:--------pan---------:---Subsidence---: frost :Uncoated
: Depth Hardness : Depth. Hardness : Initial Total: action : steel Concrete
In In In In
3D ALBEMARLE 40- 60 HARD MODERATE MODERATE MODERA TE
llC :uLPEPER 48- 48 HARD MODERATE MODERATE MODERATE
29C AUQUI ER 40- 40 SOFT MODERATE HIGH HIGH
29D AUQUIER 40- 40 SOFT MODERATE HIGH HIGH
31D AUQUIER 40- 40 SOFT MODERATE HIGH HIGH
93D ~ATT 20- 40 SOFT HIGH HIGH
It
.
.5. Department of Agriculture
o~1 Conservation Service
I ATTACHMENT c\!page 51
~IA TER FEATURES
Survey Area- ALBEMARLE COUNTY, VIRGINIA
r ap symbo I and
so i I name
:Hydrologic:----------Flooding---------:----High water table-----
: group :Freq Duration Months: Depth Kind Months
(Ftl
3D ALBEMARLE B NONE 6.0- 6.0
ZIC CULPEPER C NONE 6.0- 6.0
Z9C FAUQUIER C NONE 6.0- 6.0
Z9D FAUQUIER C NONE 6.0- 6.0
31D FAUQUIER C NONE 6,0- 6.0
93D WATT D NONE t,.O- 6.0
It
.
U.S. D partment of Agriculture
Soi I C, nservation Service
I ATTACHMENT C \Ipage 61
SOIL INTERPRETATION REPORT
Surve Area- ALBEMARLE COUNTY, VIRGINIA
Map Sy b 0 I,
So i I N me
Septic Tank
Absorption
Fields
Dwell ings
Without
Basements
Dwel I ings with
Basements
Lawns,
Landscaping,
and Golf
Fairways
Sh a II ow
Excavations
------ ------------------------------------------------------------------------------------------------------------------------
3D
LBEMARLE
21C .uLPEPER
29C AUQUIER
29D AUQUIER
SEVERE
Slope
SEVERE
S10pe
SEVERE
Slope
SEVERE
Slope
SEVERE
Slope
MODERATE MODERATE MODERATE MODERATE MODERATE
Depth To Rock Depth To RClck Shr i nk-swe II Depth To Rock Slope
Percs Slowly Toc, Clayey 51 c'pe 51 o~'e
Slope Slope Shr i nk-swe II
MODERATE MODERATE MODERATE MODERATE MODERATE
Slope Slope Shr i nk-swe II Slope Slope
Percs Slowly Too Clayey Slope Shrink-swel I
Depth To Rock
SEVERE SEVERE SEVERE SEVERE SEVERE
Slope Slope Slope Slope Slope
:31D AUQUIER SEVERE SEVERE SEVERE SEVERE SEVERE
Slope Slope Slope Slope SI,)pe
"
nD ATT SEVERE SEVERE SEVERE SEVERE SEVERE
Depth To Rock Slope Slope 51 i)~.e Slope
Slope
.
-
I ATTACHMENT C/IPage 7\
'8
"
I ;: t.~o '
) I "c.. ~ : GOO.fa, t-
I ATTACHMENT 0 I
COMMONWEALTH of VIRGINIA
RAY D. PE HTEL
COMMISSI NER
DEPARTMENT OF TRANSPORTATION
P. O. BOX 671
CULPEPER, 22701
20 July 1992
THOMAS F, FARLEY
DISTRICT ADMINISTRATOfl
September Public Hearings
r. Ronald S. Keeler
ounty Office Building
401 McIntire Road
harlottesville, VA 22902
ear Mr. Keeler:
t
e Department offers the following oomments on the submitted
ezonings and special use permits:
llen and Edna Dunbar (SP-92-51) The existing private road
ntrance onto Route 631 lacks sufficient sight distance due to
orizontal and vertical alignment. In addition, it appears that
t is roadway is on a twenty foot easement, which is too narrow for
a commercial entrance.
John's Episcopal Church (SP-92-53) The existing entrance to
church has sufficient sight distance to the west on Route 637,
ut has only 270' to the east. To obtain sufficient sight
istance, the stone wall and some grave markers may have to be
emoved or relooated. In addition, the existing entrance does not
eet current design standards.
~...
dventure Bound (SP-92-54) Please refer to Jeff Echol's earlier
omments on this proposed special use permit.
hope you find the above useful. If you have any questions or
oncerns, please call me at (703) 829-7555.
Sincerely I '
,j /' ;:
/ \ ij
/LI j//~
Ii OV ;1J ;
f. w. Ho~riiffhter ,
Transportatlon Englneer
c: A. G. Tucker
~
TRANSPORTATION FOR THE 21 ST CENTURY
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o R DIN A NeE
AN ORDINANCE
TO AMEND AND REENACT
SECTION 2-52
OF CHAPTER 2, ARTICLE IX
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CODE OF ALBEMARLE
BE IT ORDAINED by the Board of Supervisors of Albemarle
County, Virginia, that Section, 2-52 of the Code of Albemarle,
is hereby amended and reenacted to read as follows:
Sec. 2-52. Limitation on number of bond issues.
There shall be no more than fourteen bond issuances of
the industrial development authority of the county in exist-
ence at anyone time.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing
writing is a true, correct copy of an ordinance adopted by
the Board of County Supervisors of Albemarle County,
Virginia, at a regular meeting held on October 14, 1992.
Cler~ .c~rs
" ..
.~
Edward H Bin, Jr
Samuel Mill r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 9724060
Forrest R. Marshall. Jr
Scottsville
David P. Bow rman
CharJottesvi Ie
Charles S Martin
Rlvanna
Charlotte Y umphris
Jack Jouett
Walter F Perkins
While Hall
October 20, 1992
e Honorable James L. Camblos, III
1 East Jefferson Street
arlottesville, VA 22901
ar Mr. Camblos:
At its meeting on October 14, 1992, the Board of Supervisors
opted an Ordinance to amend and reenact Article IX, Section
52 of County Code to increase the number of outstanding bond
suances of the Albemarle County Industrial Development
thority from 13 to 14.
Attached is a copy of the Ordinance.
~:?~
Lettie E. Neher, Clerk, CMC
Board of County Supervisors
L N/jnh
E closure
*
Printed on recycled paper
o R DIN A N C E
AN ORDINANCE
TO AMEND AND REENACT
SECTION 2-52
OF CHAPTER 2, ARTICLE IX
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CODE OF ALBEMARLE
BE IT ORDAINED by the Board of Supervisors of Albemarle
County, Virginia, that Section. 2-52 of the Code of Albemarle,
is hereby amended and reenacted to read as follows:
Sec. 2-52. Limitation on number of bond issues.
There shall be no more than fourteen bond issuances of
the industrial development authority of the county in exist-
ence at anyone time.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing
writing is a true, correct copy of an ordinance adopted by
the Board of County Supervisors of Albemarle County,
Virginia, at a regular meeting held on October 14, 19~2.
Cler~ .c~;rs
.., . .-
I <6 .~ q -'12.
County of Albemarle
EXECUTIVE SUMMARY
to Section 2-52 of the
AGENDA DATE:
October 14, 1992
ITEM HUMBER: .
Lt-c,(O '-t.<.oZ-'-{
ACTION:----1L-
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
14
public
ATTACHMENTS:
STAFF C
Messrs.
Huff
REVIEWED BY:
BACKGRO
The Al emarle County Industrial Development Authority has recommended approval for the
issuanc of up to $22 million in industrial revenue bonds for the UVA Health Services
Foundat'ons. In order to consider the request, Section 2-52 of the Code of Albemarle must
be amen ed to expand the number of outstanding issues from 13 to 14.
ATION:
commends that the Board expand the number of outstanding issues in order to consider
ncing request described above.
92.140
., . ..
o R DIN A N C E
AN ORDINANCE
TO AMEND AND REENACT
SECTION 2-52
OF CHAPTER 2, ARTICLE IX
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CODE OF ALBEMARLE
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
V"rginia, that Section 2-52 of the Code of Albemarle, is hereby
a ended and reenacted to read as follows:
2-52. Limitation on number of bond issues.
There shall be no more than ~hir~eea fourteen bond issuances of
industrial de velopment authority of the county in existence at
one time.
* * * * *
"
Edward H Bai , Jr
Samuel Mille
David P. Bowe man
Charlott€svill
Charlotte Y H mphris
Jack Jouett
r
I
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u
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 972-4060
I'arrest R. Marshall, Jr.
Scottsville
Charles S. Martm
Rivaona
Waller F. Perkins
White Hall
October 16, 1992
Mr. Steven W. Blaine
At orney at Law
Mc uire, Woods, Battle & Booth
PO Box 1288
Ch rlottesville, VA 22902
L :ec
r Mr. Blaine:
At its' meeting on October 14, 1992, the Board of Supervi-
s adopted the attached resolution authorizing the issuance of
ustrial Development Authority bonds to the University of
ginia Health Services Foundation in an amount not to exceed
,000,000.
In addition, the Board authorized the County Attorney to
ft an agreement providing that Health Services Foundation pay
County $0.70/$100 value on its' new office building to be
structed on Fontaine Avenue. This agreement will be farth-
ing from the County Attorney. If you have any questions,
ase do not hesitate to contact me.
~
yours,
Lettie E. Neher, Clerk, CMC
achments (5)
cc: Richard E. Huff, II
Robert W. Tucker, Jr.
George R. St. John
t
r
....
-...
II
RESOLUTION
OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of the Albemarle
C unty, Virginia ("Authority"), has considered the application of
T e University of virginia Health Services Foundation ("Foundation")
r questing the issuance of the Authority's revenue bonds in an
a ount not to exceed $22,000,000 ("Bonds") to be applied by the
F undation for one or more of the following purposes (collectively,
"rojects"): (i) to finance the acquisition of an approximately
5 ,000 square foot building located at 2955 Ivy Road in Albemarle
C unty, Virginia known as the Northridge Office Building, currently
h using the Foundation's administrative unit and four Clinics; (ii)
t finance the renovation of the Northridge Office Building to
c nvert approximately 35,000 square feet of office space to clinical
u e for an additional four to six clinics; (iii) to finance the
a quisition, construction and equipping of an approximately 60,000
s uare foot administrative office building to be located on
a proximately 5 acres of land within the University Research Park
1 cated at the southeast quadrant of the intersection of U.S. Route
2 /250 Bypass and Fontaine Avenue, approximately 900 feet southwest
f om the entrance of the University Research Park at Fontaine
A enue; (iv) to finance the acquisition and installation of new
c mputer and other equipment at both the Northridge Office Building
a d at the new administrative office building described in (iii)
a ove; and (v) to fund certain reserve funds, capitalized interest
a counts and certain costs of issuance relating to the proposed
i suance of bonds, and has held a public hearing thereon on October
1 , 1992;
WHEREAS, section 147(f) of the Internal Revenue Code of 1986,
a amended (the "Code"), provides that the governmental unit having
j risdiction over the issuer of private activity bonds and over the
a ea in which any facility financed with the proceeds of private
a tivity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County
Albemarle, Virginia ("County"); the Projects are located in
bemarle County, Virginia ("County"); and the Board of Supervisors
the County ("Board") constitutes the highest elected governmental
it of the County;
WHEREAS, the Authority has recommended that the Board approve
issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
suance of the Bonds, subject to the terms to be agreed upon, a
rtificate of the public hearing and a Fiscal Impact Statement have
en filed with the Board.
.
(
." ~..
.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
TIE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the
A\thority for the benefit of the Foundation, as required by section
1~7(f) of the Code and section 15.1-1378.1 of the Code of Virginia
o 1950, as amended ("Virginia Code") to permit the Authority to
afsist in the financing of the Project.
2. The approval of the issuance of the Bonds does not
ccnstitute an endorsement to a prospective purchaser of the Bonds of
tIe creditworthiness of the Projects or the Foundation and, as
rEquired by Section 15.1-1380 of the Virginia Code, the Bonds shall
plovide that neither the County nor the Authority shall be obligated
tc pay the Bonds or the interest thereon or other costs incident
tlereto except from the revenues and monies pledged therefor and
nE ither the faith or credit nor the taxing power of the
Ccmmonwealth, the County nor the Authority shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income
Tex Regulations section 5f.103-2(f) (1), this resolution shall remain
iJ effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its
acoption.
Adopted by the Board of Supervisors of the County of Albemarle,
V rginia this 14th day of October, 1992.
~~~
Clerk, Board of Supervisors of the
County of Albemarle, Virginia
[f EAL]
-2-
,
io-C\-'1L
County of Albemarle
EXECUTIVE SUMMARY
ITLE:
IDA Bo d Financing Approval - University
Health Services Foundation
AGENDA DATE:
October 14, 1992
ITEM HUMBER:
el(, /0\ ~ .vz5
ACTION:~
INFORMATION:
SUBJEC
Reques
a
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
STAFF
Messrs.
Huff
REVIEWED BY:
-----
/
BACKGR
The Int rnal Revenue Code requires that the Board approve any issuance of industrial revenue
bonds ithin Albemarle County. The University of Virginia Health Services Foundation has
applie for financing for five specific projects outlined in the attached resolution, the
County's Industrial Devblopment Authority has recommended that the Board approve the issuance
and th Board is now requested to approve or disapprove the issuance of the bonds.
RECO
If the
be ado
supportive of the financing, staff recommends that the attached resolution
92.141
. .
,
[ 0 - I ~ -92.
q"L, \oc~, t?L~
COUNTY OF ALBEMARLE
MEMORANDUM
October 13, 1992
of Supervisors
County Executive~
-
TO:
FROM:
DATE:
Albemarle County Board
Robert W. Tucker, Jr.,
RE: Health Services Foundation
indicated in the Board packet for the October 14, 1992 meeting,
e University of Virginia Health Services Foundation has made a
p oposal regarding the tax exempt status for the projects being
f'nanced through the County's Industrial Development Authority.
A though the Foundation is a tax exempt entity according to the IRS
c de and has been determined to be legally exempt from real estate
t xation by the County, the Foundation realizes the value of
rvices received from the County and offers to pay the same tax
te on their new office building to be constructed on Fontaine
enue as the University of Virginia pays on their faculty and
aff housing. This rate is based on a formula spelled out in
ate statute and presently stands at $.70/$100 value.
I the Board chooses to accept this proposal, the County Attorney
w'll be requested to draft a formal agreement to execute the
p oposal. If there are any questions, please do not hesitate to
c ntact me.
T,Jr/dbm
.171
,
TheUniver~ ity of Virginia
Heal~h ~
Services
Foundation
2955 Ivy Road
Charlottesville, Virginia 22903-9301
(804) 295-1000
FAX 804 296-2718
October 12, 1992
l~r. Robert w. Tucker, Jr.
C~ounty Executive
c~ounty of Albemarle
01 McIntire Road
Charlottesville, Virginia 22901-4596
Illear Bob:
As we have discussed in the past, we believe that University
(f Virginia Health Services Foundation (HSF) holds a unique
Iosition in the community. It provides medical and educational
~ervices for the community as well as providing a large percentage
(f the support of the University of Virginia Medical School.
lecause of the many services which HSF provides to the community,
\ e believe the tax exemption which was referred to in Melvin
Ireeden's letter of January 27, 1992 is legitimate.
However, recognizing the services that the County of Albemarle
coes provide for the HSF, we propose to pay the UVA tax rate on the
luilding which is to be constructed at Fontaine Avenue and pay no
taxes on the property at Northridge. The Northridge Building, as
) ou know, will be used for medical and educational services related
to the University of Virginia Medical School. It should be noted
that if we follow this plan, our tax bill of approximately $40,000
~ill be equal to more than 50% of the property tax bill for the
lniversity of Virginia.
If you have any questions please call.
Sincerely Yours,
tJ~E~
william E. Carter, Jr.
Executive Director
,
COUNTY OF ALBEMARLE
Department of Finance
401 Mcintire Road
Charlottesville, Virginia 22901-4596
Telephone (804) 296-5855
January 27, 1992
Ms. Rebecca L. Woody
Staff Attorney
OVA Health Services Foundation
2955 Ivy Road
Charlottesville VA 22901
Dear Ms. Woody:
As we previously discussed, the County Attorney's Office has
reached basically the same conclusion as the City of
Charlottesville did a number of years ago. This being that the
Health Services Foundation would be exempt from real estate,
personal property, and business license taxes but subject to the
local consumer utility tax.
Also, as I informed you, Centel has apparently not been
assessing the utility Tax against your phone accounts. We have
contacted Centel and you should notice the change in your phone
bills in the next couple of months.
Please contact me if you have any additional questions.
Sincerely,
~L.8~
Melvin A. Breeden
Director of Finance
MAB/bs
Enclosure
,
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA RELATING TO THE
ISSUANCE OF UP TO $22,000,000 HEALTH SERVICES REVENUE BONDS
(UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION)
SERIES 1992
C. The Bonds will be secured primarily by the Foundation's
D'rect Note Obligation, Series 1992 (the "Series 1992
ligation"), in an original principal amount equal to the
iginal aggregate principal amount of the Bonds, to be issued by
e Foundation under the Master Trust Indenture, dated as of
tober 1, 1992 (the "Master Indenture"), between the Foundation
d a master trustee (the "Master Trustee").
B. The Authority will lend the proceeds of the issuance
d sale of the Bonds to the Foundation under the Financing
reement, dated as of October 1, 1992 (the "Financing
reement"), between the Authority and the Foundation, and the
F undation will apply the proceeds under the terms of the
F'nancing Agreement (i) to finance the acquisition of an
a proximately 57,000 square foot building located at 2955 Ivy
R ad in Albemarle County, Virginia known as the Northridge Office
B ilding, currently housing the Foundation's administrative unit
a d four clinics; (ii) to finance the renovation of the
N rthridge Office Building to convert approximately 35,000 square
f et of office space to clinical use for an additional four to
s'x clinics; (iii) to finance the acquisition, construction and
e uipping of an approximately 60,000 square foot administrative
o fice building to be located on approximately 5 acres of land
w'thin the University Research Park located at the southeast
q adrant of the intersection of U.S. Route 29/250 Bypass and
F ntaine Avenue, approximately 900 feet southwest from the
e trance of the University Research Park at Fontaine Avenue; (iv)
t finance the acquisition and installation of new computer and
her equipment at both the Northridge Office Building and at the
ntaine Avenue Building described in (iii) above; and (v) to
nd certain reserve funds, capitalized interest accounts and
rtain costs of issuance relating to the proposed issuance of
nds (collectively, "Projects");
A. The Industrial Development Authority of Albemarle
unty, Virginia (the "Authority"), is duly organized under the
dustrial Development and Revenue Bond Act, Chapter 33, Title
.1, Code of Virginia of 1950, as amended (the "Act"). To
rther the Act's purposes, the Authority, at the request of The
iversity of Virginia Health Services Foundation (the
" oundation"), has determined to issue and sell its Health
rvices Revenue Bonds (University of Virginia Health Services
undation) Series 1992 (the "Bonds"), in an original aggregate
incipal amount of up to $22,000,000.
D. The foregoing arrangements will be reflected in the
f llowing documents:
(a) Bond Trust Indenture, dated as of October 1, 1992
(the "Bond Indenture"), between the Authority and a bond
trustee, to which a form of the Bonds is attached as an
exhibit;
(b) Financing Agreement;
(c) Master Indenture, to which a form of the Series
1992 Obligation is attached as an exhibit;
(d) Bond Purchase Agreement, to be dated the date of
its execution and delivery (the "Bond Purchase Agreement"),
between the Foundation, the Authority, and the Underwriters
(as defined below); and
(e) Preliminary Official statement of the Authority
(the "preliminary Official Statement") relating to the sale
of the Bonds.
E. The Bond Indenture, the Financing Agreement and the
Bcnd Purchase Agreement are referred to collectively in this
REsolution as the "Basic Documents."
F. The Authority desires to authorize the issuance of the
Bcnds and their sale to Wheat, First Securities, Inc. and Scott &
S1ringfellow Investment Corporation (the "Underwriters").
After careful consideration and in furtherance of the public
p\rposes for which the Authority was created, NOW, THEREFORE, BE
I~ RESOLVED, THAT:
1. The Authority determines that the issuance of the Bonds
il accordance with the terms of the Basic Documents and all
actions of the Authority contemplated by the Basic Documents will
bE in furtherance of the purposes for which the Authority was
olganized under the Act.
2. The Preliminary Official Statement and its use and
d'stribution by the Underwriters are in all respects authorized
ard approved. The Chairman, Vice Chairman and Secretary of the
Atthority are each authorized and directed to approve such
ctanges to the Preliminary Official Statement as are necessary,
tc execute and deliver, in the Authority's name and on its
bEhalf, an Official Statement with respect to the Bonds in final
fcrm and to authorize the Underwriters use and distribution of
tte final Official Statement with such approval and authorization
t(~ be conclusively evidenced by the execution of the final
o ficial statement on the Authority's behalf by the Chairman,
V ce Chairman or Secretary.
3. This Resolution shall take effect immediately.
\t~AHSF\UVAHSF04.RSO
.. '.
CERTIFICATE
The undersigned Secretary of the Industrial Development
thority of Albemarle County, Virginia (the "Authority"), hereby
rtifies that the foregoing is a true, correct and complete copy
a resolution adopted by a majority of the Directors of the
thority at a meeting duly called and held on October 12, 1992,
accordance with law, and that such resolution has not been
pealed, revoked, rescinded or amended but is in full force and
fect on the date hereof.
WITNESS the following signature and seal of the Authority
t is 12th day of October, 1992.
Secretary, Industrial Development
Authority of Albemarle County,
Virginia
~
~
I
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: October 12, 1992
TCD the Board of Supervisors
o Albemarle County, Virginia
Al~plicant: The University of virginia Health Services Foundation
1
Maximum amount of financing sought
$22,000,000
2
Estimated taxable value of the facility's
real property to be constructed in the
municipality
N/A
3
Estimated real property tax per year
using present tax rates
N/A1
4
Estimated personal property tax per
year using present tax rates
N/A
5
Estimated merchants' capital tax per
year using present tax rates
N/A
6
Estimated dollar value per year of
goods and services that will be
purchased locally
$102,000,0002
7
Estimated number of regular employees
on year round basis
6253
$26,7503
8
Average annual salary per employee
Chairman, Industrial Development
Authority of Albemarle County,
Virginia
2
Current real estate tax on Northridge building is $44,000 which is paid by
the Partnership which owns the building.
Total expenses of The University of Virginia Health Services Foundation for
year ended 6/30/92, including all salaries and fringe benefits,
contributions to the University of Virginia and cost sharing agreements
with the University of Virginia Hospital.
Includes all employees of The University of Virginia Health Services
Foundation located in both the County and the City.
4
'.
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA RECOMMENDING
APPROVAL BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
OF A PROPOSED $22,000,000 BOND ISSUE
FOR THE BENEFIT OF
THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION
WHEREAS, such resolution related to the proposed issuance of
to $22,000,000 of revenue bonds (i) to finance the acquisition
an approximately 57,000 square foot building located at 2955 Ivy
ad in Albemarle County, Virginia known as the Northridge Office
ilding, currently housing the Foundation's administrative unit
d four clinics; (ii) to finance the renovation of the Northridge
fice Building to convert approximately 35,000 square feet of
o fice space to clinical use for an additional four to six clinics;
('ii) to finance the acquisition, construction and equipping of an
a proximately 60,000 square foot administrative office building to
b located on approximately 5 acres of land within the University
R search Park located at the southeast quadrant of the intersection
o U.S. Route 29/250 Bypass and Fontaine Avenue, approximately 900
f et southwest from the entrance of the University Research Park at
F ntaine Avenue; (iv) to finance the acquisition and installation
o new computer and other equipment at both the Northridge Building
a d at the Fontaine Building described in (iii) above; and (v) to
f nd certain reserve funds, capitalized interest accounts and
c rtain costs of issuance relating to the proposed issuance of
b nds (collectively, "Projects");
WHEREAS, the Industrial Development Authority of Albemarle
unty, Virginia ("Authority"), adopted a resolution on September
, 1992 for the benefit of The University of Virginia Health
rvices Foundation ("Foundation");
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986,
amended, requires that a public hearing be held before the
suance of the proposed bonds; and
WHEREAS, a public hearing has been held on the Projects and
t e proposed bond issue, and the Authority desires to recommend
roval of the Projects and the proposed bond issue to the Board
Supervisors of the County of Albemarle, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
HORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. The resolution adopted by the Authority on September 18,
2 for the benefit of the Foundation and relating to the Projects
hereby ratified, reaffirmed and readopted in all respects.
2. The Authority recommends approval of the Projects and the
posed bond issue by the Board of Supervisors of the County of
emarle, Virginia.
'. ....
3. This resolution shall take effect immediately upon its
acoption.
Adopted this 12th day of October, 1992.
Secretary,
Authority
Virginia
Industrial Development
of Albemarle County,
[~ EAL]
\~17AHSF\UVAHSF03.RSO
-2-
McGUIREWxIDs
BATTLE&BooTHE
8280
(804) 977-2500
Fax: (804) 980-2222
One James Center
901 ~ Cary Street
lijc..... VA 23219
i ':W Army, end Navy Club Building
162l,SYF:St1'eet, N.W.
W~. DC 20006
:.-+--
:Ait~ Arts 41
1040 lkassels. Belgium
associated ojJice:
P.O. Box 4930
Babnbofsttasse 3
8022 Zurich, Switzerland
Court Square Building
P.O, Box 1288
Charlottesville, Virginia 22902
October 13, 1992
s, Lettie Neher
lerk of Supervisors of
bemarle County
bemarle County Office Building
4 1 McIntire Road
harlottesville, VA 22901
Re: Industrial Development Authority Proposed Financing
for The University of Virginia Health Services Foundation
ear Ms, Neher:
Enclosed are the following original documents executed on behalf of the Industrial
evelopment Authority: (1) cover letter dated October 12; (2) certificate containing
hibits A through C; (3) fiscal impact statement; (4) Resolution dated September 18; (5)
esolution dated October 12; and (6) Inducement Resolution,
Please let me know if you require anything further on behalf of the Board,
Very truly yours,
~
Steven W, Blaine
David L. Richardson, II, Esq,
Mr, Art Krohn
Bard of Supervisors
o tober 12, 1992
P ge 2
t e Internal Revenue Code of 1986, as amended, and section 15.1-
1 78.1 of the Code of virginia of 1950, as amended.
Attached hereto is (J) a certificate evidencing the conduct of
t e public hearing and the action taken by the Authority, (2) the
F scal Impact statement required pursuant to Virginia Code section
1 .1-1378.2, and (3) the form of resolution suggested by counsel to
e idence your approval.
Secret r
Author'
virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: October 12, 1992
To the Board of Supervisors
of Albemarle County, Virginia
A licant: The University of virginia Health Services Foundation
1.
Maximum amount of financing sought
$22,000,000
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
N/A
3.
Estimated real property tax per year
using present tax rates
N/A1
4.
Estimated personal property tax per
year using present tax rates
N/A
5.
Estimated merchants' capital tax per
year using present tax rates
N/A
6.
Estimated dollar value per year of
goods and services that will be
purchased locally
$102,000,0002
7.
Estimated number of regular employees
on year round basis
6253
$26,7503
8.
Average annual salary per employee
{~
~ an,
Authority
virginia
2
current real estate tax on Northridge building is $44,000 which is paid by
the Partnership which owns the building.
Total expenses of The University of Virginia Health Services Foundation for
year ended 6/30/92, including all salaries and fringe benefits,
contributions to the University of Virginia and cost sharing agreements
with the University of Virginia Hospital.
Includes all employees of The University of Virginia Health Services
Foundation located in both the County and the city.
4
CERTIFICATE
The undersigned Secretary of the Industrial Development
of Albemarle County, Virginia ("Authority") hereby
as follows:
1. A meeting of the Authority was duly called and held on
12, 1992, at 4:30 o'clock p.m. in Meeting Room 5-6 on the
s cond floor of the County Office Building at 401 McIntire Road in
arlottesville, Virginia, pursuant to proper notice given to each
Authority before such meeting. The meeting was open
the public. The time of the meeting and the place at which the
eting was held provided a reasonable opportunity for persons of
iffering views to appear and be heard.
2. The Chairman announced the commencement of a public
on the application of The university of virginia Health
and that a notice of the hearing was published
for two successive weeks in a newspaper having general
in the County of Albemarle, virginia ("Notice"), with
he second publication appearing not less than six days nor more
days prior to the hearing date. A copy of the
filed with the minutes of the Authority and is
hereto as Exhibit A.
3. The names of the individuals who appeared and addressed
Authority, along with a summary of their statements, is attached
Exhibit B.
4. Attached hereto as Exhibit C is a true, correct and
copy of a resolution ("Resolution") adopted at such meeting
f the Authority by a majority of the Directors present at such
The Resolution constitutes all formal action taken by the
at such meeting relating to matters referred to in the
The Resolution has not been repealed, revoked,
or amended and is in full force and effect on th~ date
h
WITNESS my hand and the seal of the Authority, this 12th day of
o tober, 1992.
Secret r
Author'
virginia
ibits:
A - Copy of certified Notice
B - Summary of Statements
C - Inducement Resolution
-2-
NOTICE Of PtJBlIC HEARING
ON PROPOSED REVENUE
BOND FINANCING BY THE
INDUSTRIAL DEVELOPMENT
AlTTHORITY OF ALBEMARLE
COUNTY, VIRGINIA
Notice Is hereb'f given that the
Indulbial Development Authori-
~ A1bemarl. County, Virginia
'Authority'. will hold a PUblic
rI!'ll on the apP!ieation 01
The Unrveralty of Virginia HMIth
Servic.. Foundation ("Founda-
tioni, whole addrea II 2955
Ivy Roed, Char'lott..vllle, Vi,-
ginla 22903, requeltin; the Au-
lho,ity to approve the lauanee
of up to $22.000,000 01 III r.
venue bonda to be applied by
the Foundation for one or more
of the following purpo_: (~ to
finance the aequlaltion 01 an ap-
proximately 57,000 aq. It. build-
Ing 1ocal8d at 2Sl55 Ivy Road, In
Albemarle County, Virjlinla
~ u the Nof1h,idge Office
Building, currently hauling the
Foundatlon'l Adminiltrative
Unit and lour clinics; (Ii) to
finance the renovation 01 the
Nor1htidge Office Building to
convert approximately 35,000
aqu.,. IMt 01 office apace to
clinical Ule for an additional lour
to alx c:IIniea: (Iii) to finance the
aequlaltion. conatruetion and
equipping 01 an approx. 60,000
aq. It. edminiltrativ. office build-
Ing to be located on approx. 5
acr.. 01 land within the Univerai-
ty Re...rch Park Ioeated at the
lOu'-Itquedrant of the inl.,-
aec:tion 01 US Rt. 29/250 Bypasl
and Fontaine Ave. approx. 900
It. IOUthwelt !rom the entrance
of the Univefalty Reaea,eh Park
.at Fontaine Ave: (iv) to firence
the aequlaltion and inllallation
of new computer and other
equipment at both the Northri-
dge Office Building and at the
new administrative office build-
ing described in (iii) above; (v) to
fund certain reserve fundi, capi-
talize interestaccounll and c:et'-
lain coall 01 i&luanee relating to
th. p,opol.d Inuanc. 01
~
The iAuance of r....enu. bonda
u requ..ted br the Foundation
will not conatitute a debt or
pledge of the faith and credit of
\he Commo~1th 01 Virginia,
or A1bemaM. Cou~ty, Virginia,
and neither the faith and credit
nor the laxing po_ 01 the
Commo.-.lth 01 Virginia or
ant politiealaubdivllion thereof
win be IlIedoed to the payment
of aueh bonda.
The public heating, which may
be continued or ai:liourned, will
be held at 4:30 o'clock p.m. on
October 12. 1992, before the
Authority In Meeting Room 5-6
on the aecond ftoor 01 the
County Office Building, 401
Mcintire Roed, ChaMotteavilla,
VirginiL Arr1 peraon Interelted
In the iAuance 01 the bonda or
the location or nalU,. of the pro-
DOHd project may appear at the
hearing and ~t hil or her
vlewa. A copy o~ the Founda-
1 Legals
lion'l apPlication il available for
Inapec:tion at the Authority'I 01-
b at the County Office Build-
ing, <401 Mcintire Roed. Char-
lottesville, VA 22901 during
bull"... houra.
INDUSTRIAL DEVELOPMENT
AUTHORITY OF ALBEMARLE
COUNTY, VIRGINIA
EXHIBIT A TO CERTIFICATE
.Daily.Progress.
Friday. October 2. 1992
EXHIBIT B TO CERTIFICATE
Summary of statements Made at
Public Hearing
No persons other than representatives of University of
\irginia Health Services Foundation appeared at the public
:t ear ing .
S~91505.EXB
EXHIBIT C TO CERTIFICATE
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA RECOMMENDING
APPROVAL BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
OF A PROPOSED $22,000,000 BOND ISSUE
FOR THE BENEFIT OF
THE UN!VERSJ:TY 01.";' ~TI~GINIA HEALTH SERVICES FOUNDATION
WHEREAS, the Industrial Development Authority of Albemarle
Co nty, Virginia ("Authority"), adopted a resolution on September
18, 1992 for the benefit of The university of Virginia Health
Se vices Foundation ("Foundation");
WHEREAS, such resolution related to the proposed issuance of
to $22,000,000 of revenue bonds (i) to finance the acquisition
n approximately 57,000 square foot building located at 2955 Ivy
Ro d in Albemarle County, Virginia known as the Northridge Office
Bu'lding, currently housing the Foundation's administrative unit
an four clinics; (ii) to finance the renovation of the Northridge
Of ice Building to convert approximately 35,000 square feet of
of ice space to clinical use for an additional four to six clinics;
(i'i) to finance the acquisition, construction and equipping of an
ap roximately 60,000 square foot administrative office building to
be located on approximately 5 acres of land within the University
Re earch Park located at the southeast quadrant of the intersection
of U.S. Route 29/250 Bypass and Fontaine Avenue, approximately 900
fe t southwest from the entrance of the University Research Park at
Fo taine Avenue; (iv) to finance the acquisition and installation
of new computer and other equipment at both the Northridge Building
an at the Fontaine Building described in (iii) above; and (v) to
fu d certain reserve 'funds, capitalized interest accounts and
ce tain costs of issuance relating to the proposed issuance of
bo ds (collectively, "Projects");
WHEREAS, section 147(f) of the Internal Revenue Code of 1986,
amended, requires that a publ ic hear ing be held before the
uance of the proposed bonds; and
WHEREAS, a public hearing has been held on the projects and
proposed bond issue, and the Authority desires to recommend
roval of the Projects and the proposed bond issue to the Board
Supervisors of the County of Albemarle, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
A HORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. The resolution adopted by the Authority on September 18,
2 for the benefit of the Foundation and relating to the projects
hereby ratified, reaffirmed and readopted in all respects.
2. The Authority recommends approval of the projects and the
posed bond issue by the Board of Supervisors of the County of
emarle, Virginia.
3. This resolution shall take effect immediately upon its
adoption.
Adopted this 12th day of October, 1992.
-- ~~~
St',cl:eti~lT~strJ.3.1 Development
Authority' of Albemarle County,
Virginia
[ SE~L]
\m AHSF\UVAHSF03 .RSO
-2-
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA
AUTHORIZING THE ISSUANCE OF UP TO $22,000,000
REVENUE BONDS FOR THE BENEFIT OF
THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION
WHEREAS, the Industrial Development Authority of Albemarle
ounty, Virginia, a political subdivision of the Commonwealth of
irginia ("Authority"), is empowered by (a) the Albemarle County
ode to finance medical facilities and, under certain circumstances,
service facilities for the convenience of medical facilities, and
(b) the Industrial Development and Revenue Bond Act, Chapter 33,
itle 15.1, Code of Virginia of 1950, as amended ("Act"), to issue
its revenue bonds for the purpose of financing facilities for use by
rganizations described in Section 501(c) (3) of the Internal Revenue
ode of 1986, as amended ("Code"), which are exempt from Federal
Income Taxation pursuant to Section 501(a) of the Code;
WHEREAS, the Authority has received a request from The
niversity of Virginia Health Services Foundation, a Virginia
orporation ("Foundation"), requesting that the Authority issue its
evenue bonds ("Bonds") to be applied by the Foundation for one or
ore of the following purposes: (i) to finance the acquisition of
n approximately 57,000 square foot building located at 2955 Ivy
oad in Albemarle County, Virginia known as the Northridge Office
uilding ("Northridge Building"), currently housing the Foundation's
dministrative unit and four clinics; (ii) to finance the renovation
f the Northridge Office Building to convert approximately 35,000
square feet of office space to clinical use for an additional four
o six clinics; (iii) to finance the acquisition, construction and
quipping of an approximately 60,000 square foot administrative
ffice building to be located on approximately 5 acres of land
ithin the university Research Park located at the southeast
adrant of the intersection of U.S. Route 29/250 Bypass and
ontaine Avenue ("Fontaine Building"), approximately 900 feet
southwest from the entrance of the University Research Park at
ontaine Avenue; (iv) to finance the acquisition and installation of
ew computer and other equipment at both the Northridge Building and
t the Fontaine Building described in (iii) above; and (v) to fund
ertain reserve funds, capitalized interest accounts and certain
osts of issuance relating to the proposed issuance of bonds
(collectively, "Projects");
WHEREAS, such assistance will benefit the inhabitants of the
ounty of Albemarle, Virginia, and the Commonwealth of Virginia,
ither through the increase of their commerce or through the
promotion of their safety, health, welfare, convenience or
p osperity;
WHEREAS, preliminary plans for the Projects have been described
to the Authority; and
WHEREAS, the Foundation has represented that (a) it is an
rganization described in section 501(c) (3) of the Code, which is
exempt from federal income taxation pursuant to section 501(a) of
t e Code, (b) the activities to be conducted in the Fontaine
uilding will be conducted for the convenience of both (i) the
activities to be conducted in the Northridge Building and (ii) the
urrent residents and domiciles of the surrounding area, (c) the
rojects are compatible with the current Comprehensive Plan of
Ibemarle County, and (d) the estimated cost of the Projects and all
xpenses of issue will require an issue of revenue bonds in the
aggregate principal amount not to exceed $22,000,000.
1. It is hereby found and determined that (a) the Projects
be in the public interest and will promote the commerce,
safety, health, welfare, convenience or prosperity of the
ommonwealth of Virginia, the County of Albemarle, Virginia, and
eir citizens, (b) the Foundation is an organization described in
section 501(c) (3) of the Code which is exempt from federal income
axation pursuant to Section 501(a) of the Code, (c) the activities
o be conducted in the Fontaine Building will be conducted for the
onvenience of both (i) the activities to be conducted in the
orthridge Building and (ii) the current residents and domiciles of
he surrounding area, and (d) the Projects are compatible with the
rrent Comprehensive Plan of Albemarle County.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
THORITY OF ALBEMARLE COUNTY, VIRGINIA:
3. It having been represented to the Authority that it is
ecessary to proceed immediately with the acquisition, planning an~
onstruction of the Projects, as appropriate, the Authority hereby
a rees that the Foundation may proceed with plans for the Projects,
enter into contracts for land, construction, materials and equipment
for the Projects, and take such other steps as it may deem
a propriate in connection therewith, provided, however, that nothing
herein shall be deemed to authorize the Foundation to obligate the
thority without its consent in each instance to the payment of any
oneys or the performance of any acts in connection with the
P ojects. The Authority agrees that the Foundation may be
reimbursed from the proceeds of the bonds for all expenditures and
c sts so incurred by it, provided such expenditures and costs are
p operly reimbursable under the Act and applicable federal laws.
2. The Authority hereby agrees to assist the Foundation in
financing the Projects by undertaking the issuance of its revenue
onds in an amount not to exceed $22,000,000 upon terms and
onditions mutually agreeable to the Authority and the Foundation.
e bonds will be issued pursuant to documents satisfactory to the
thority. The bonds may be issued in one or more series at one
ime or from time to time.
-2-
4. At the request of the Foundation, the Authority hereby
approves Messrs. McGuire, Woods, Battle & Boothe, Richmond,
v~rginia, as Bond Counsel in connection with the issuance of the
bpnds.
5. All costs and expenses in connection with the financing
and the Projects, including the fees and expenses of Bond Counsel
ahd Authority Counsel, shall be paid by the Foundation or, to the
e~tent permitted by applicable law, from the proceeds of the bonds.
I~ for any reason such bonds are not issued, it is understood that
all such expenses shall be paid by the Foundation and that the
A~thority shall have no responsibility therefor.
6. No bonds may be issued pursuant to this resolution until
s~ch time as (a) a public hearing has been held by the Authority
pursuant to Section 147(f) of the Code, and section 15.1-1378.1 of
t~e Act and (b) the issuance of the bonds has been approved by the
Bpard of Supervisors of the County of Albemarle, Virginia, within
s~xty days of such public hearing.
7. This resolution shall take effect immediately upon its
atioption.
-3-
CERTIFICATE
The undersigned Secretary of the Industrial Development
thority of Albemarle County, Virginia ("Authority") hereby
rtifies that the foregoing is a true, correct and complete copy of
resolution adopted by a majority of the Directors of the Authority
esent and voting at a meeting duly called and held on
ptember 18, 1992, in accordance with law, and that such resolution
s not been repealed, revoked, rescinded or amended but is in full
rce and effect on the date hereof.
WITNESS the following signature and seal of the Authority, this
day of September, 1992.
R
Secr t ry of the I dustrlal
Devel ment Authority of
Albemarle County, Virginia
[ EAL]
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA RELATING TO THE
ISSUANCE OF UP TO $22,000,000 HEALTH SERVICES REVENUE BONDS
(UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION)
SERIES 1992
A. The Industrial Development Auth0rity of ~lLem~rl~
nty, Virginia (the "Authority"), is duly organized under the
In ustrial Development and Revenue Bond Act, Chapter 33, Title
15.1, Code of Virginia of 1950, as amended (the "Act"). To
fu ther the Act's purposes, the Authority, at the request of The
University of Virginia Health Services Foundation (the
"F undation"), has determined to issue and sell its Health
Se vices Revenue Bonds (University of Virginia Health Services
Fo ndation) Series 1992 (the "Bonds"), in an original aggregate
principal amount of up to $22,000,000.
B. The Authority will lend the proceeds of the issuance
d sale of the Bonds to the Foundation under the Financing
reement, dated as of October 1, 1992 (the "Financing
reement"), between the Authority and the Foundation, and the
F undation will apply the proceeds under the terms of the
F'nancing Agreement (i) to finance the acquisition of an
a proximately 57,000 square foot building located at 2955 Ivy
R ad in Albemarle County, Virginia known as the Northridge Office
B ilding, currently housing the Foundation's administrative unit
a d four clinics; (ii) to finance the renovation of the
N rthridge Office Building to convert approximately 35,000 square
f et of office space to clinical use for an additional four to
s'x clinics; (iii) to finance the acquisition, construction and
e uipping of an approximately 60,000 square foot administrative
o fice building to be located on approximately 5 acres of land
w'thin the University Research Park located at the southeast
q adrant of the intersection of U.S. Route 29/250 Bypass and
F ntaine Avenue, approximately 900 feet southwest from the
e trance of the University Research Park at Fontaine Avenue; (iv)
t finance the acquisition and installation of new computer and
o her equipment at both the Northridge Office Building and at the
F ntaine Avenue Building described in (iii) above; and (v) to
f nd certain reserve funds, capitalized interest accounts and
c rtain costs of issuance relating to the proposed issuance of
b nds (collectively, "Projects");
C. The Bonds will be secured primarily by the Foundation's
D'rect Note Obligation, Series 1992 (the "Series 1992
o ligation"), in an original principal amount equal to the
o iginal aggregate principal amount of the Bonds, to be issued by
t e Foundation under the Master Trust Indenture, dated as of
o tober 1, 1992 (the "Master Indenture"), between the Foundation
a d a master trustee (the "Master Trustee").
D. The foregoing arrangements will be reflected in the
llowing documents:
(a) Bond Trust Indenture, dated as of October 1, 1992
(the "Bond Indenture"), between the Authority and a bond
trustee, to which a form of the Bonds is attached as an
exhibit;
(b) Financing Agreement;
lC) Mast~r Indenture, to which a form of the Seri~E
1992 Obligation is attached as an exhibit;
(d) Bond Purchase Agreement, to be dated the date of
its execution and delivery (the "Bond Purchase Agreement"),
between the Foundation, the Authority, and the Underwriters
(as defined below); and
(e) Preliminary Official statement of the Authority
(the "Preliminary Official statement") relating to the sale
of the Bonds.
E. The Bond Indenture, the Financing Agreement and the
Bend Purchase Agreement are referred to collectively in this
Resolution as the "Basic Documents."
F. The Authority desires to authorize the issuance of the
Bends and their sale to Wheat, First Securities, Inc. and Scott &
Stringfellow Investment corporation (the "Underwriters").
After careful consideration and in furtherance of the public
ptrposes for which the Authority was created, NOW, THEREFORE, BE
I'l RESOLVED, THAT:
1. The Authority determines that the issuance of the Bonds
ir accordance with the terms of the Basic Documents and all
actions of the Authority contemplated by the Basic Documents will
bE in furtherance of the purposes for which the Authority was
olganized under the Act.
2. The Preliminary Official Statement and its use and
d'stribution by the Underwriters are in all respects authorized
aId approved. The Chairman, Vice Chairman and Secretary of the
Althority are each authorized and directed to approve such
clanges to the Preliminary Official Statement as are necessary,
te execute and deliver, in the Authority's name and on its
b.half, an Official Statement with respect to the Bonds in final
form and to authorize the Underwriters use and distribution of
tIe final Official Statement with such approval and authorization
to be conclusively evidenced by the execution of the final
Of~icial statement on the Authority's behalf by the Chairman,
Vi~e Chairman or Secretary.
3. This Resolution shall take effect immediately.
\U~AHSF\UVAHSF04.RSO
CERTIFICATE
The undersigned Secretary of the Industrial Development
hority of Albemarle County, Virginia (the "Authority"), hereby
tifies that the foregoing is a true, correct and complete copy
a resolution adopted by a majority 0f the Directors of the
J.1ority at a meeting duly called aDd held or: Cctober 1~, 1992,
accordance with law, and that such resolution has not been
ealed, revoked, rescinded or amended but is in full force and
ect on the date hereof.
WITNESS the following signature and seal of the Authority
12th day of October, 1992.
~
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA RECOMMENDING
APPROVAL BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
OF A PROPOSED $22,000,000 BOND ISSUE
FOR THE BENEFIT OF
THE UNIVERST.TY OF ~TI~GINI~.. HEALTH SERVICES FOUNDATION
WHEREAS, the Industrial Development Authority of Albemarle
Cm nty, Virginia ("Authority"), adopted a resolution on September
18 1992 for the benefit of The University of Virginia Health
Se vices Foundation ("Foundation");
WHEREAS, such resolution related to the proposed issuance of
up to $22,000,000 of revenue bonds (i) to finance the acquisition
of an approximately 57,000 square foot building located at 2955 Ivy
ROcd in Albemarle County, Virginia known as the Northridge Office
Bu Iding, currently housing the Foundation's administrative unit
ane~ four clinics; (ii) to finance the renovation of the Northridge
Of Pice Building to convert approximately 35,000 square feet of
of i:ice space to clinical use for an additional four to six clinics;
(i i) to finance the acquisition, construction and equipping of an
approximately 60,000 square foot administrative office building to
be located on approximately 5 acres of land within the University
Re ~earch Park located at the southeast quadrant of the intersection
of U.s. Route 29/250 Bypass and Fontaine Avenue, approximately 900
fe ~t southwest from the entrance of the Uni versi ty Research Park at
Fo~taine Avenue; (iv) to finance the acquisition and installation
of new computer and other equipment at both the Northridge Building
an~ at the Fontaine Building described in (iii) above; and (v) to
fu~d certain reserve funds, capitalized interest accounts and
ce ~tain costs of issuance relating to the proposed issuance of
bo~ds (collectively, "Projects");
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986,
as amended, requires that a public hearing be held before the
is~uance of the proposed bonds; and
WHEREAS, a public hearing has been held on the Projects and
th~ proposed bond issue, and the Authority desires to recommend
approval of the Projects and the proposed bond issue to the Board
of Supervisors of the County of Albemarle, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AU~HORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. The resolution adopted by the Authority on September 18,
19~2 for the benefit of the Foundation and relating to the Projects
is hereby ratified, reaffirmed and readopted in all respects.
2. The Authority recommends approval of the Projects and the
prpposed bond issue by the Board of Supervisors of the County of
Alpemarle, Virginia.
f
3. This resolution shall take effect immediately upon its
adj>ption.
Adopted this 12th day of October, 1992.
__ ~A'~ R~
s(.cret~strial Development
Authority- of Albemarle County,
virginia
[ S)ThL]
\UVAHSF\UVAHSF03.RSO
-2-
McGUIREWooOS
BATTLE&Bcx>THE
Transpoto
1199 North F .
Alexandria,
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
9000 World Trade Center
101 West Main Street
Norfolk, VA 23510
The Army and Navy Club Building
1627 Eye Street, N.W.
Washington, DC 20006
(804) 775-1000
Fax: (804) 775-1061
Avenue des Arts 41
1040 Brussels, Belgium
associated office:
P.O. Box 4930
Bahnhofstrasse 3
8022 Zurich, Switzerland
September 25, 1992
. Lettie E. Neher
erk
bemarle County
1 McIntire Road
arlottesville, Virginia 22902-4596
Industrial Development Authority of
Albemarle County, Virginia
Health Services Revenue Bonds
(University of Virginia Health services Foundation)
Series 1992
Ms. Neher:
Enclosed are revised versions of the following documents to
used in connection with the public hearing to be held by the
thority on October 12:
1. Public Hearing Notice
2. Public Hearing Resolution
3. Resolution Approving Preliminary Official Statement
4. Transmittal Letter
5. Certificate of Public Hearing
6. Physical Impact Statement
7. Form of Notice of Board of Supervisors Resolution
I would appreciate it if you would circulate the two
oposed Authority resolutions to the members of the Authority
fore the public hearing on October 12. The Board of
pervisors' resolution should be included in the package to be
nt to the Board in connection with its meeting to be held on
tober 14.
If you have any questions concerning any of these documents,
p~ease give me a call as soon as possible. Many thanks for your
a~sistance and cooperation in connection with this matter.
Very truly yours,
CaMtt
David L. Richardson, II
/oms
E~closures
cp: Arthur C. Krohn (w/enclosures)
G. Martin Bass (w/enclosures)
James M. Bowling, IV (w/enclosures)
u \1030\ltr\neher.1
NOTICE OF PUBLIC HEARING ON PROPOSED
REVENUE BOND FINANCING BY THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF
ALBEMARLE COUNTY, VIRGINIA
Notice is hereby given that the Industrial Development
A thority of Albemarle County, virginia ("Autbf)rity") will hold a
p 'blic hearing on the application of The UnivC?rsity 0': virgin.L~.
H alth Services Foundation ("Foundation"), whose address is 2955 Ivy
ad, Charlottesville, Virginia 22903, requesting the Authority to
a prove the issuance of up to $22,000,000 of its revenue bonds to be
a plied by the Foundation for one or more of the following purposes:
(i) to finance the acquisition of an approximately 57,000 square
foot building located at 2955 Ivy Road in Albemarle County, Virginia
nown as the Northridge Office Building, currently housing the
oundation's administrative unit and four clinics; (ii) to finance
he renovation of the Northridge Office Building to convert
pproximately 35,000 square feet of office space to clinical use for
n additional four to six clinics; (iii) to finance the acquisition,
onstruction and equipping of an approximately 60,000 square foot
dministrative office building to be located on approximately 5
cres of land within the University Research Park located at the
outheast quadrant of the intersection of u.s. Route 29/250 Bypass
nd Fontaine Avenue, approximately 900 feet southwest from the
ntrance of the University Research Park at Fontaine Avenue; (iv) to
inance the acquisition and installation of new computer and other
quipment at both the Northridge Office Building and at the new
dministrative office building described in (iii) above; and (v) to
und certain reserve funds, capitalized interest accounts and
ertain costs of issuance relating to the proposed issuance of
onds.
The issuance of revenue bonds as requested by the Foundation
ill not constitute a debt or pledge of the faith and credit of the
ommonwealth of Virginia or Albemarle County, Virginia, and neither
he faith and credit nor the taxing power of the Commonwealth of
irginia or any political subdivision thereof will be pledged to the
ayment of such bonds.
The public hearing, which may be continued or adjourned, will
e held at 4:30 o'clock p.m. on October 12, 1992, before the
uthority in Meeting Room 5-6 on the second floor of the County
ffice Building, 401 McIntire Road, Charlottesville, Virginia. Any
erson interested in the issuance of the bonds or the location or
ature of the proposed project may appear at the hearing and present
is or her views. A copy of the Foundation's application is
vailable for inspection at the Authority's office at the County
ffice Building, 401 McIntire Road, Charlottesville, Virginia 22901
uring business hours.
INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA
'.
. ~
~ .
RESOLUTION
OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of the Albemarle
County, virginia ("Authority"), has considered the application of
~he university of Virginia Health Services Foundation ("Foundation")
lequesting the issuance of the Authority's revenue bonds in an
cmount not to exceed $22,000,000 ("Bonds") to be applied by the
Ioundation for one or more of the following purposes (collectively,
'Projects"): (i) to finance the acquisition of an approximately
~7,000 square foot building located at 2955 Ivy Road in Albemarle
County, Virginia known as the Northridge Office Building, currently
lousing the Foundation's administrative unit and four clinics; (ii)
o finance the renovation of the Northridge Office Building to
convert approximately 35,000 square feet of office space to clinical
1 se for an additional four to six clinics; (iii) to finance the
(cquisition, construction and equipping of an approximately 60,000
lpquare foot administrative office building to be located on
cpproximately 5 acres of land within the University Research Park
ocated at the southeast quadrant of the intersection of U.S. Route
9/250 Bypass and Fontaine Avenue, approximately 900 feet southwest
rom the entrance of the University Research Park at Fontaine
J~venue; (iv) to finance the acquisition and installation of new
(~omputer and other equipment at both the Northridge Office Building
~nd at the new administrative office building described in (iii)
~bove; and (v) to fund certain reserve funds, capitalized interest
~ccounts and certain costs of issuance relating to the proposed
ssuance of bonds, and has held a public hearing thereon on
)eptember 18, 1992;
WHEREAS, section 147(f) of the Internal Revenue Code of 1986,
is amended (the "Code"), provides that the governmental unit having
jurisdiction over the issuer of private activity bonds and over the
irea in which any facility financed with the proceeds of private
~ctivity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County
I:>f Albemarle, Virginia ("County"); the Projects are located in
~lbemarle County, Virginia ("County"); and the Board of supervisors
pf the County ("Board") constitutes the highest elected governmental
~nit of the County;
WHEREAS, the Authority has recommended that the Board approve
~he issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
~ssuance of the Bonds, subject to the terms to be agreed upon, a
pertificate of the public hearing and a Fiscal Impact Statement have
peen filed with the Board.
, t, l ..
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
'1HE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the
luthority for the benefit of the Foundation, as required by section
47(f) of the Code and section 15.1-1378.1 of the Code of virginia
(f 1950, as amended ("Virginia Code") to permit the Authority to
cssist in the financing of the Project.
2. The approval of the issuance of the Bonds does not
(onstitute an endorsement to a prospective purchaser of the Bonds of
ihe creditworthiness of the Projects or the Foundation and, as
equired by Section 15.1-1380 of the virginia Code, the Bonds shall
]Drovide that neither the County nor the Authority shall be obligated
o pay the Bonds or the interest thereon or other costs incident
hereto except from the revenues and monies pledged therefor and
~either the faith or credit nor the taxing power of the
c~ommonwealth, the County nor the Authority shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income
rrax Regulations section 5f.103-2(f) (1), this resolution shall remain
n effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its
~doption.
Adopted by the Board of supervisors of the County of Albemarle,
~irginia this ____ day of October, 1992.
Clerk, Board of Supervisors of the
County of Albemarle, Virginia
SEAL]
-2-
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA
AUTHORIZING THE ISSUANCE OF UP TO $22,000,000
REVENUE BONDS FOR THE BENEFIT OF
THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION
WHEREAS, the Industrial Development Authority of Albemarle
tounty, Virginia, a political subdivision of the Commonwealth of
irginia ("Authority"), is empowered by (a) the Albemarle County
ode to finance medical facilities and, under certain circumstances,
ervice facilities for the convenience of medical facilities, and
b) the Industrial Development and Revenue Bond Act, Chapter 33,
itle 15.1,' Code of Virginia of 1950, as amended ("Act"), to issue
'ts revenue bonds for the purpose of financing facilities for use by
rganizations described in Section 501(c) (3) of the Internal Revenue
ode which are exempt from Federal Income Taxation pursuant to
ection 501(a) of such Code;
WHEREAS, the Authority has received a request from The
niversity of Virginia Health Services Foundation, a Virginia
orporation ("Foundation"), requesting that the Authority issue its
evenue bonds ("Bonds") to be applied by the Foundation for one or
ore of the following purposes: (i) to finance the acquisition of
n approximately 57,000 square foot building located at 2955 Ivy
oad in Albemarle County, Virginia known as the Northridge Office
uilding, currently housing the Foundation's administrative unit and
our clinics; (ii) to finance the renovation of the Northridge
ffice Building to convert approximately 35,000 square feet of
ffice space to clinical use for an additional four to six clinics;
(iii) to finance the acquisition, construction and equipping of an
pproximately 60,000 square foot administrative office building to
e located on approximately 5 acres of land within the University
esearch Park located at the southeast quadrant of the intersection
lof U.S. Route 29/250 Bypass and Fontaine Avenue, approximately 900
Ifeet southwest from the entrance of the University Research Park at
Fontaine Avenue; (iv) to finance the acquisition and installation of
new computer and other equipment at both the Northridge Office
Building and at the new administrative office building described in
I(iii) above; and (v) to fund certain reserve funds, capitalized
linterest accounts and certain costs of issuance relating to the
Iproposed issuance of bonds (collectively, "Projects");
I
I WHEREAS, such assistance will benefit the inhabitants of the
Icounty of Albemarle and the Commonwealth of Virginia, either through
Ithe increase of their commerce or through the promotion of their
Isafety, health, welfare, convenience or prosperity;
I
WHEREAS, preliminary plans for the Projects have been described
to the Authority and a public hearing has been held as required by
Section 147(f) of the Internal Revenue Code of 1986, as amended,
("Code") and Section 15.1-1378.1 of the Act; and
WHEREAS, the Foundation has represented that (a) it is an
rganization described in section 501(c) (3) of the Internal Revenue
ode which is exempt from federal income taxation pursuant to
ection 501(a) of such Code, (b) the Projects are compatible with
he current Comprehensive Plan of Albemarle County, and (c) the
stimated cost of the projects and all expenses of issue will
equire an issue of revenue bonds in the aggregate principal amount
ot to exceed $22,000,000.
THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
OF ALBEMARLE COUNTY, VIRGINIA:
1. It is hereby found and determined that (a) the Projects
be in the public interest and will promote the commerce,
afety, health, welfare, convenience or prosperity of the
ommonwealth of Virginia, the County of Albemarle, Virginia and
heir citizens, (b) ,the Foundation is an organization described in
ection 501(c) (3) of the Internal Revenue Code which is exempt from
ederal income taxation pursuant to section 501(a) of such Code, and
c) the Projects are compatible with the current Comprehensive Plan
f Albemarle County.
2. The Authority hereby agrees to assist the Foundation in
inancing the projects by undertaking the issuance of its revenue
onds in an amount not to exceed $22,000,000 upon terms and
onditions mutually agreeable to the Authority and the Foundation.
he bonds will be issued pursuant to documents satisfactory to the
uthority. The bonds may be issued in one or more series at one
ime or from time to time.
3. It having been represented to the Authority that it is
ecessary to proceed immediately with the acquisition, planning and
onstruction of the Projects, as appropriate, the Authority hereby
grees that the Foundation may proceed with plans for the Projects,
nter into contracts for land, construction, materials and equipment
or the Projects, and take such other steps as it may deem
ppropriate in connection therewith, provided, however, that nothing
erein shall be deemed to authorize the Foundation to Obligate the
uthority without its consent in each instance to the payment of any
oneys or the performance of any acts in connection with the
rojects. The Authority agrees that the Foundation may be
eimbursed from the proceeds of the bonds for all expenditures and
osts so incurred by it, provided such expenditures and costs are
roperly reimbursable under the Act and applicable federal laws.
4. At the request of the Foundation, the Authority hereby
pproves Messrs. McGuire, Woods, Battle & Boothe, Richmond,
irginia, as Bond Counsel in connection with the issuance of the
onds.
5. All costs and expenses in connection with the financing
the Projects, including the fees and expenses of Bond Counsel
-2-
J ',.' \. I
end Authority Counsel, shall be paid by the Foundation or, to the
Extent permitted by applicable law, from the proceeds of the bonds.
f for any reason such bonds are not issued, it is understood that
ell such expenses shall be paid by the Foundation and that the
Juthority shall have no responsibility therefor.
6. The Authority hereby recommends that the Board of
~upervisors of the County of Albemarle, Virginia approve the
'ssuance of the bonds.
7. This resolution shall take effect immediately upon its
c doption.
-3-
, I , 'lit. .
CERTIFICATE
The undersigned Secretary of the Industrial Development
~uthority of Albemarle County, Virginia ("Authority") hereby
pertifies that the foregoing is a true, correct and complete copy of
~ resolution adopted by a majority of the Directors of the Authority
present and voting at a meeting duly called and held on
~eptember 18, 1992, in accordance with law, and that such resolution
las not been repealed, revoked, rescinded or amended but is in full
~orce and effect on the date hereof.
WITNESS the following signature and seal of the Authority, this
18th day of September, 1992.
Secretary of the Industrial
Development Authority of
Albemarle County, Virginia
[SEAL]
"W
October 12, 1992
Board of Supervisors
County of Albemarle, Virginia
Clarlottesville, Virginia
Industrial Development Authority
of Albemarle County, virginia
Proposed Financing for The University of Virginia
Health Services Foundation
The university of Virginia Health Services Foundation
('Foundation") has requested that the Industrial Development
Althority of Albemarle County, Virginia ("Authority"), assist the
Fc~undation in financing the issuance of up to $22,000,000 of its
rE~venue bonds ("Bonds") to be applied by the Foundation for one or
mc~re of the following purposes: (i) to finance the acquisition of
a~ approximately 57,000 square foot building located at 2955 Ivy
Rc~ad in Albemarle County, Virginia known as the Northridge Office
Bl ilding, currently housing the Foundation's administrative unit and
fc~ur clinics; (ii) to finance the renovation of the Northridge
o fice Building to convert approximately 35,000 square feet of
o fice space to clinical use for an additional four to six clinics;
( ii) to finance the acquisition, construction and equipping of an
al~proximately 60,000 square foot administrative office building to
bE~ located on approximately 5 acres of land within the University
RE~search Park located at the southeast quadrant of the intersection
o u.s. Route 29/250 Bypass and Fontaine Avenue, approximately 900
fE~et southwest from the entrance of the University Research Park at
Fc~ntaine Avenue; (iv) to finance the acquisition and installation of
nE~W computer and other equipment at both the Northridge Office
Bl~ilding and at the new administrative office building described in
( ii) above; and (v) to fund certain reserve funds, capitalized
i~terest accounts and certain costs of issuance relating to the
p oposed issuance of bonds (collectively, "Projects").
As set forth in the resolutions of the Authority attached
hE~reto ("Resolution"), the Authority has agreed to issue its Bonds
af requested. The Authority has conducted a public hearing on the
p oposed financing of the Projects and has recommended that you
al~prove the issuance of the Bonds as required by section 147(f) of
.
Bcard of supervisors
October 12, 1992
~~2
tIe Internal Revenue Code of 1986, as amended, and section 15.1-
1 78.1 of the Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of
tIe public hearing and the action taken by the Authority, (2) the
F scal Impact Statement required pursuant to Virginia Code section
11.1-1378.2, and (3) the form of resolution suggested by counsel to
e' idence your approval.
Secretary, Industrial Development
Authority of Albemarle County,
virginia
10.
CERTIFICATE
The undersigned Secretary of the Industrial Development
A\thority of Albemarle County, virginia ("Authority") hereby
cE~rtifies as follows:
1. A meeting of the Authority was duly called and held on
Oc~tober 12, 1992, at 4:30 o'clock p.m. in Meeting Room 5-6 on the
sEcond floor of the County Office Building at 401 McIntire Road in
Clarlottesville, virginia, pursuant to proper notice given to each
D rector of the Authority before such meeting. The meeting was open
tc~ the public. The time of the meeting and the place at which the
mE~eting was held provided a reasonable opportunity for persons of
d ffering views to appear and be heard.
2. The Chairman announced the commencement of a public
hE~aring on the application of The University of Virginia Health
SE~rvices Foundation and that a notice of the hearing was published
o~ce a week for two successive weeks in a newspaper having general
c rculation in the County of Albemarle, Virginia ("Notice"), with
tle second publication appearing not less than six days nor more
tlan twenty-one days prior to the hearing date. A copy of the
Nc~tice has been filed with the minutes of the Authority and is
a tached hereto as Exhibit A.
3. The names of the individuals who appeared and addressed
tle Authority, along with a summary of their statements, is attached
hEreto as Exhibit B.
4. Attached hereto as Exhibit C is a true, correct and
ccmplete copy of a resolution ("Resolution") adopted at such meeting
o the Authority by a majority of the Directors present at such
~
eting. The Resolution constitutes all formal action taken by the
thority at such meeting relating to matters referred to in the
solution. The Resolution has not been repealed, revoked,
scinded or amended and is in full force and effect on the date
reof.
WITNESS my hand and the seal of the Authority, this 12th day of
tober, 1992.
Secretary, Industrial Development
Authority of Albemarle County,
Virginia
[ EAL]
E hibits:
A - Copy of certified Notice
B - Summary of Statements
C - Inducement Resolution
-2-
.
~
EXHIBIT B TO CERTIFICATE
Summary of Statements
..
McGuI REWOODS
BAlTLE&BooTHE
(804) 775-1000
Fax: (804) 775-1061
9OOOWorlll Trade Center
101 West Main Street
NOrfolk, VA 23510
The Army aoP. N.vy Club Building
" ) 1627 E)'~ ~, N,W,
. Washing(ob, DC 20006
AYenu~ Arts 41
I ()Il() Bl'IISftls, Belgium
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
September 24,
1992 W
Uf
,\~ ~
\~\' ,," '"
q
associOted office:
P.O. Box 4930
Babnhofstrasse 3
8022 Zurich, Switzerland
. Lettie E. Neher
erk
bemarle County
1 McIntire Road
arlottesville, Virginia 22902-4596
Industrial Development Authority of
Albemarle County, Virginia
Health services Revenue Bonds
(University of Virginia Health Services Foundation)
Series 1992
Ms. Neher:
In order to avoid any confusion regarding the procedural
eps that need to be taken by the Authority and the Board of
pervisors in connection with the bonds to be issued for The
iversity of Virginia Health Services Foundation, I thought I
uld outline those steps for you.
The Internal Revenue Code requires that the issuer of a tax-
empt bond hold a public hearing regarding the proposed
f'nancing. That public hearing must be advertised in a newspaper
general circulation in the jurisdiction where the project is
cated, and must contain certain information, such as the
cation of the project, the name and address of the proposed
rrower, the date, time and place of the public hearing, and the
ximum amount of the financing. The notice must be published
ce a week for two successive weeks prior to the hearing date.
Following the public hearing, the Virginia Code requires
at certain information be provided to the Board of Supervisors
d that the Board approve the issuance of the bonds within sixty
ys of the hearing date. The requirement for Board approval is
tually contained in both the Virginia Code and the Internal
venue Code. The information that must be provided to the Board
cludes a Fiscal Impact statement and a summary of the
atements made at the public hearing.
.. '.
The Authority must also adopt a resolution authorizing the
istribution of the Preliminary Official statement by the
nderwriters. This resolution can be adopted as soon as the
reliminary Official statement is in substantially final form,
nd is often adopted at the same time as the public hearing
esolution in order to minimize the number of meetings that the
thority must hold. The Authority will be asked to adopt this
esolution on October 12.
The only other action required by the Authority is to adopt
a final resolution specifically authorizing the execution of the
rious bond documents and approving the exact principal amount,
terest rates and maturities of the Bonds. This resolution is
pically adopted within a few days of the final pricing of the
nd issue. On this particular financing, we are currently
heduled to price the bonds in early November, althou.gh market
nditions could easily delay the pricing until later in the
are
As a final note, the reason the Authority has been asked to
Id a second public hearing on this financing is that the Daily
ogress published the wrong public hearing notice. Accordingly,
e "public hearing" held by the Authority on September 18 was of
legal effect and has to be repeated on October 12.
I trust that the foregoing will be helpful to you and to the
thority and that you will feel free to contact me if you have
y additional questions.
Very truly yours,
DaMd. L, ~~
David L. Richardson, II
/ 'ms
c: Arthur C. Krohn
C. Martin Bass
James M. Bowling, IV
~..,.'
"
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 229024596
(804) 2965823
ur E. Anderson, II
ire, Woods, Battle and Boothe
James Center
East Cary Street
ond, VA 23219
Mr. Anderson:
e Blaine has asked that I write to you regarding the
atibility of the University of Virginia Health Services
Fou dation Northridge Office Building acquisition and
admOnistrative office building development at the University
Res arch Park with the Albemarle County Comprehensive Plan.
Northridge Building is not located in an area designated for
th under the current Comprehensive Plan, However, its
tion is in an area designated for growth in a prior
rehensive Plan and it was zoned according to that Plan
ht Industry). The property has not been down-zoned since the
rehensive Plan was changed, The Northridge Building was
dev loped with a site plan approved under the Light Industria:
zoning after the designated growth area changes to the
Com rehensive Plan. Therefore, by retention of zoning and
app oval for development under the zoning, the existing use of
the Northridge Building property is recognized as compatible with
the Comprehensive Plan.
The University Research Park is located in a growth area and is
desOgnated for office service use. The property was recently
rez ned to accommodate offices and research and development uses
und r a planned development (Commercial Office zoning). This
project is entirely consistent with the County's ComprehensivE~
Pla .
,
Winston, III
17, 1992
rust this appropriately provides the information you need.
ase contact me should you have any further questions.
vwe/bIb
~: Robert Tucker
...
MCGUIREWooDS
BATILE&BooTHE
8280
TySODS Co
P.O. Box 9
McLean, VA 2102
(804) 977-2500
Fax: (804) 980-2222
One lames Center
901 East Cary Sttecl
RicbmoIId, VA 23219
The Army aDd Navy Club BullcliDa
1627 Eye Street, N.W.
WuhiJlatoa, DC 20006
Avenue des Arts 41
1040 Brunel., Belgium
aslOCioUd ojJic.:
P.O. Box 4930
BaImbofatruae 3
8022 Zurich, SwitzerIaDd
TI'IIIIpOtODlIC Plaza
P.O. Box 7
Aleundria, V. 22313
Court Square Building
P.O. Box 1288
Charlottesville, Virginia 22902
September 15, 1992
r, V, Wayne Cilimberg
irector of Planning and Development
4 1 Mcintire Road
C arlottesville, VA 22901
Re: Industrial Development Authority, ;.{Ibemarle County, Virginia, Health
Services Revenue Bonds (University of Virginia Health Services Foundation)
ear Wayne:
I appreciated your being available this evening to discuss this proposed bond
is ue, This letter is in response to your suggestion that I submit a written request for
a letter regarding the compatibility with the Comprehensive Plan of the projects to be
fi anced by the bonds,
Health Services Foundation (HSF) plans to finance the acquisition of the building
t ey currently lease at 2955 Ivy Road, known as the Northridge Office Building, In
a dition, HSF plans to finance acquisition, construction and development costs for a
5 ,000 square foot administrative office building at the University Research Park on
F ntaine Avenue, If approved, the bond financing will be through the Albemarle County
I dustrial Development Authority,
As part of its approval process, the Authority should make a finding that the
p oposed facilities are compatible with the current Comprehensive Plan of the County.
e uses at Northridge will not change from that which are permitted under the existing
z ning, The zoning at Fontaine Avenue is CO, sUQj;~rt to the proffers submitted by the
niversity Real Estate Foundation.
COUNTY OF ALBEMAR",1
"co, __W,- ,q""" _' 1f, '" 1!\':'!jO',..""'lk
~"'~ '1"" Jl('" ~ . f:\' u f"\
~~:v~'-,.,_."'._. "<, ffi :";
~.:.H..,y scp 1 7 1992 i~~ tl
t""" J: 1\\
'ill .~~ \. . ~ I!
:' " ,..,."'".... .,~ .. w""'f-4 fi' iJ\
: ~i < " ",.; i;~c~ iX;$)I
t.l.~CUll\~ OfnGE
. _ 'lr
. .
~ r, V, Wayne Cilimberg
Sl>ptember 15, 1992
P~ge 2
On behalf of HSF, we request a letter, based upon facts you know and can
d~termine, that the proposed facilities are compatible with the Comprehensive Plan. As
w~ discussed, the underlying zoning and existi!1g approvals should lead one to that
c ~nclusion, The letter should be faxed to Arthur E, Anderson, II, at our Richmond
o fice, His fax number is 804-775-1061.
Thanks again for your assistance in this matter.
Very truly yours,
~
Steven W. Blaine
S~B/lkw
cl>: ~ Robert W, Tucker, Jr,
Arthur E. Anderson, II, Esq,
S ~B91503.L TR
l ~
McGuI REWOOOS
BAlTLE&BooTHE
, I:
.9000 World Trade Center
, 101 West Main Street
Norfolk, VA 23510
';'fI(e:Atmy and Navy Club Building
1627 Eye Street, N.W.
Washington, DC 20006
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
(804) 775-1000
Fax: (804) 775-1061
Avenue des Arts 41
1040 Brussels, Belgium
associated office:
P.O. Box 4930
Bahnhofstrasse 3
8022 Zurich, Switzerland
September 15, 1992
s. Lettie E. Neher
lerk
Ibemarle County
401 McIntire Road
arlottesville, Virginia 22902-4596
Industrial Development Authority of
Albemarle county, Virginia
Health Services Revenue Bonds
(University of Virginia Health Services Foundation)
series 1992
Lettie:
Enclosed are revised versions of the documents I sent to you
few days ago relating to the University of Virginia Health
rvices Foundation financing. These documents have been
dified to reflect the fact that the refinancing of the Virginia
bulatory Surgery Center in the City of Charlottesville will no
nger be part of this financing. The documents I provided to
u last week should be discarded.
As we discussed, this change will eliminate the necessity
r amending the Albemarle County Code to permit out-of-
risdiction financings. The only amendment that will need to be
de to the Code is to increase the number of financings
rmitted by the Authority.
Copies of the revised resolution will be available to the
mbers of Authority at their meeting on Friday.
Very truly yours,
I)~ L. ~
David L. Richardson,~
an
closures
James M. Bowling, IV, Esq.
G. Martin Bass
Arthur E. Anderson, II, Esq.
CERTIFICATE
The undersigned Secretary of the Industrial Development
of Albemarle County, Virginia ("Authority") hereby
ertifies as follows:
1. A meeting of the Authority was duly called and held on
eptember 18, 1992, at 2:30 o'clock p.m. in Meeting Room 1 on the
irst floor of the County Office Building at 401 McIntire Road in
harlottesville, Virginia, pursuant to proper notice given to each
irector of the Authority before such meeting. The meeting was open
o the public. The time of the meeting and the place at which the
eeting was held provided a reasonable opportunity for persons of
iffering views to appear and be heard.
2. The Chairman announced the commencement of a public
earing on the application of The University of Virginia Health
ervices Foundation and that a notice of the hearing was published
nce a week for two successive weeks in a newspaper having general
irculation in the County of Albemarle, Virginia ("Notice"), with
he second pUblication appearing not less than six days nor more
han twenty-one days prior to the hearing date. A copy of the
otice has been filed with the minutes of the Authority and is
hereto as Exhibit A.
3. The names of the individuals who appeared and addressed
Authority, along with a summary of their statements, is attached
ereto as Exhibit B.
4. Attached hereto as Exhibit C is a true, correct and
omplete copy of a resolution ("Resolution") adopted at such meeting
f the Authority by a majority of the Directors present at such
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: September 18, 1992
Po the Board of Supervisors
~f Albemarle County, Virginia
~pplicant: The University of virginia Health Services Foundation
Maximum amount of financing sought
$22,000,000
~.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
N/A
~.
Estimated real property tax per year
using present tax rates
N/A1
~.
Estimated personal property tax per
year using present tax rates
N/A
p.
Estimated merchants' capital tax per
year using present tax rates
N/A
p.
Estimated dollar value per year of
goods and services that will be
purchased locally
$102,000,0002
~.
Estimated number of regular employees
on year round basis
6253
$26,7503
~.
Average annual salary per employee
Chairman, Industrial Development
Authority of Albemarle County,
Virginia
Current real estate tax on Northridge building is $44,000 which is paid by
the Partnership which owns the building.
Total expenses of The University of Virginia Health Services Foundation for
year ended 6/30/92, including all salaries and fringe benefits,
contributions to the University of Virginia and cost sharing agreements
with the University of Virginia Hospital.
Includes all employees of The University of Virginia Health Services
Foundation located in both the County and the City.
4
September 18, 1992
oard of Supervisors
ounty of Albemarle, Virginia
harlottesville, virginia
Industrial Development Authority
of Albemarle County, Virginia
Proposed Financing for The University of Virginia
Health Services Foundation
The University of Virginia Health Services Foundation
("Foundation") has requested that the Industrial Development
uthority of Albemarle County, Virginia ("Authority"), assist the
oundation in financing the issuance of up to $22,000,000 of its
evenue bonds ("Bonds") to be applied by the Foundation for one or
ore of the following purposes: (i) to finance the acquisition of
n approximately 57,000 square foot building located at 2955 Ivy
oad in Albemarle County, Virginia known as the Northridge Office
uilding, currently housing the Foundation's administrative unit and
our clinics; (ii) to finance the renovation of the Northridge
ffice Building to convert approximately 35,000 square feet of
ffice space to clinical use for an additional four to six clinics;
(iii) to finance the acquisition, construction and equipping of an
pproximately 60,000 square foot administrative office building to
e located on approximately 5 acres of land within the University
esearch Park located at the southeast quadrant of the intersection
f U.S. Route 29/250 Bypass and Fontaine Avenue, approximately 900
eet southwest from the entrance of the University Research Park at
ontaine Avenue; (iv) to finance the acquisition and installation of
ew computer and other equipment at both the Northridge Office
uilding and at the new administrative office building described in
(iii) above; and (v) to fund certain reserve funds, capitalized
'nterest accounts and certain costs of issuance relating to the
roposed issuance of bonds (collectively, "Projects").
As set forth in the resolution of the Authority attached hereto
("Resolution"), the Authority has agreed to issue its Bonds as
equested. The Authority has conducted a public hearing on the
roposed financing of the Projects and has recommended that you
pprove the issuance of the Bonds as required by Section 147(f) of
~oard of Supervisors
~eptember 18, 1992
Page 2
~he Internal Revenue Code of 1986, as amended, and Section 15.1-
~378.1 of the Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of
~he public hearing and the action taken by the Authority, (2) the
Fiscal Impact Statement required pursuant to virginia Code section
~5.1-1378.2, and (3) the form of resolution suggested by counsel to
~vidence your approval.
Secretary, Industrial Development
Authority of Albemarle County,
Virginia
RESOLUTION
OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of the Albemarle
ounty, Virginia ("Authority"), has considered the application of
he University of Virginia Health Services Foundation ("Foundation")
equesting the issuance of the Authority's revenue bonds in an
mount not to exceed $22,000,000 ("Bonds") to be applied by the
oundation for one or more of the following purposes (collectively,
'Projects") : (i) to finance the acquisition of an approximately
7,000 square foot building located at 2955 Ivy Road in Albemarle
ounty, Virginia known as the Northridge Office Building, currently
ousing the Foundation's administrative unit and four clinics; (ii)
o finance the renovation of the Northridge Office Building to
onvert approximately 35,000 square feet of office space to clinical
se for an additional four to six clinics; (iii) to finance the
cquisition, construction and equipping of an approximately 60,000
quare foot administrative office building to be located on
pproximately 5 acres of land within the University Research Park
ocated at the southeast quadrant of the intersection of U.S. Route
9/250 Bypass and Fontaine Avenue, approximately 900 feet southwest
rom the entrance of the University Research Park at Fontaine
venue; (iv) to finance the acquisition and installation of new
omputer and other equipment at both the Northridge Office Building
nd at the new administrative office building described in (iii)
bove; and (v) to fund certain reserve funds, capitalized interest
ccounts and certain costs of issuance relating to the proposed
'ssuance of bonds, and has held a public hearing thereon on
eptember 18, 1992;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986,
s amended (the "Code"), provides that the governmental unit having
'urisdiction over the issuer of private activity bonds and over the
rea in which any facility financed with the proceeds of private
ctivity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County
f Albemarle, Virginia ("County"); the Projects are located in
Ibemarle County, Virginia ("County"); and the Board of Supervisors
f the County ("Board") constitutes the highest elected governmental
nit of the County;
WHEREAS, the Authority has recommended that the Board approve
issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
'ssuance of the Bonds, subject to the terms to be agreed upon, a
ertificate of the public hearing and a Fiscal Impact Statement have
een filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the
uthority for the benefit of the Foundation, as required by section
47(f) of the Code and section 15.1-1378.1 of the Code of Virginia
f 1950, as amended ("Virginia Code") to permit the Authority to
ssist in the financing of the Project.
2. The approval of the issuance of the Bonds does not
onstitute an endorsement to a prospective purchaser of the Bonds of
he creditworthiness of the Projects or the Foundation and, as
equired by section 15.1-1380 of the Virginia Code, the Bonds shall
rovide that neither the County nor the Authority shall be obligated
o pay the Bonds or the interest thereon or other costs incident
hereto except from the revenues and monies pledged therefor and
either the faith or credit nor the taxing power of the
ommonwealth, the County nor the Authority shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income
ax Regulations section 5f.103-2(f) (1), this resolution shall remain
n effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its
doption.
Adopted by the Board of Supervisors of the County of Albemarle,
irginia this ____ day of October, 1992.
Clerk, Board of Supervisors of the
County of Albemarle, Virginia
SEAL]
-2-
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA
AUTHORIZING THE ISSUANCE OF UP TO $22,000,000
REVENUE BONDS FOR THE BENEFIT OF
THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION
WHEREAS, the Industrial Development Authority of Albemarle
~ounty, Virginia, a political subdivision of the Commonwealth of
~irginia ("Authority"), is empowered by (a) the Albemarle County
Code to finance medical facilities and, under certain circumstances,
service facilities for the convenience of medical facilities, and
(b) the Industrial Development and Revenue Bond Act, Chapter 33,
Title 15.1, Code of Virginia of 1950, as amended ("Act"), to issue
its revenue bonds for the purpose of financing facilities for use by
prganizations described in Section 501(c) (3) of the Internal Revenue
~ode which are exempt from Federal Income Taxation pursuant to
Section 501(a) of such Code;
WHEREAS, the Authority has received a request from The
~niversity of Virginia Health Services Foundation, a Virginia
corporation ("Foundation"), requesting that the Authority issue its
~evenue bonds ("Bonds") to be applied by the Foundation for one or
~ore of the following purposes: (i) to finance the acquisition of
an approximately 57,000 square foot building located at 2955 Ivy
~oad in Albemarle County, Virginia known as the Northridge Office
Building, currently housing the Foundation's administrative unit and
four clinics; (ii) to finance the renovation of the Northridge
Office Building to convert approximately 35,000 square feet of
office space to clinical use for an additional four to six clinics;
(iii) to finance the acquisition, construction and equipping of an
approximately 60,000 square foot administrative office building to
be located on approximately 5 acres of land within the University
Research Park located at the southeast quadrant of the intersection
of U.S. Route 29/250 Bypass and Fontaine Avenue, approximately 900
feet southwest from the entrance of the University Research Park at
Fontaine Avenue; (iv) to finance the acquisition and installation of
new computer and other equipment at both the Northridge Office
Building and at the new administrative office building described in
(iii) above; and (v) to fund certain reserve funds, capitalized
interest accounts and certain costs of issuance relating to the
proposed issuance of bonds (collectively, "Projects");
WHEREAS, such assistance will benefit the inhabitants of the
County of Albemarle and the Commonwealth of Virginia, either through
the increase of their commerce or through the promotion of their
safety, health, welfare, convenience or prosperity;
WHEREAS, preliminary plans for the projects have been described
to the Authority and a public hearing has been held as required by
Section 147(f) of the Internal Revenue Code of 1986, as amended,
("Code") and Section 15.1-1378.1 of the Act; and
WHEREAS, the Foundation has represented that (a) it is an
rganization described in Section 501(c) (3) of the Internal Revenue
ode which is exempt from federal income taxation pursuant to
ection 501(a) of such Code, (b) the Projects are compatible with
he current Comprehensive Plan of Albemarle County, and (c) the
stimated cost of the Projects and all expenses of issue will
equire an issue of revenue bonds in the aggregate principal amount
ot to exceed $22,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
UTHORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. It is hereby found and determined that (a) the Projects
ill be in the public interest and will promote the commerce,
afety, health, welfare, convenience or prosperity of the
ommonwealth of Virginia, the County of Albemarle, Virginia and
heir citizens, (b) the Foundation is an organization described in
ection 501(c) (3) of the Internal Revenue Code which is exempt from
ederal income taxation pursuant to section 501(a) of such Code, and
c) the Projects are compatible with the current Comprehensive Plan
f Albemarle County.
2. The Authority hereby agrees to assist the Foundation in
inancing the Projects by undertaking the issuance of its revenue
onds in an amount not to exceed $22,000,000 upon terms and
onditions mutually agreeable to the Authority and the Foundation.
he bonds will be issued pursuant to documents satisfactory to the
uthority. The bonds may be issued in one or more series at one
ime or from time to time.
3. It having been represented to the Authority that it is
ecessary to proceed immediately with the acquisition, planning and
onstruction of the Projects, as appropriate, the Authority hereby
grees that the Foundation may proceed with plans for the Projects,
nter into contracts for land, construction, materials and equipment
or the Projects, and take such other steps as it may deem
ppropriate in connection therewith, provided, however, that nothing
erein shall be deemed to authorize the Foundation to obligate the
uthority without its consent in each instance to the payment of any
oneys or the performance of any acts in connection with the
rojects. The Authority agrees that the Foundation may be
eimbursed from the proceeds of the bonds for all expenditures and
osts so incurred by it, provided such expenditures and costs are
roperly reimbursable under the Act and applicable federal laws.
4.
pproves
irginia,
onds.
At the request of the Foundation, the Authority hereby
Messrs. McGuire, Woods, Battle & Boothe, Richmond,
as Bond Counsel in connection with the issuance of the
5. All costs and expenses in connection with the financing
nd the Projects, including the fees and expenses of Bond Counsel
-2-
.
nd Authority Counsel, shall be paid by the Foundation or, to the
xtent permitted by applicable law, from the proceeds of the bonds.
f for any reason such bonds are not issued, it is understood that
11 such expenses shall be paid by the Foundation and that the
uthority shall have no responsibility therefor.
6. The Authority hereby recommends that the Board of
upervisors of the County of Albemarle, Virginia approve the
ssuance of the bonds.
This resolution shall take effect immediately upon its
-3-
, ..
CERTIFICATE
The undersigned Secretary of the Industrial Development
uthority of Albemarle County, Virginia ("Authority") hereby
ertifies that the foregoing is a true, correct and complete copy of
resolution adopted by a majority of the Directors of the Authority
resent and voting at a meeting duly called and held on
eptember 18, 1992, in accordance with law, and that such resolution
as not been repealed, revoked, rescinded or amended but is in full
orce and effect on the date hereof.
WITNESS the following signature and seal of the Authority, this
8th day of September, 1992.
Secretary of the Industrial
Development Authority of
Albemarle County, Virginia
[SEAL]
...., ..
,
"
MCGUIREW:>ooS
BATTLE&BooTHE
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
9000 World Trade Center
101 West Main Street
Norfolk, VA 23510
The Army and Navy Club Building
1627 Eye Street, N.W.
Washington, DC 20006
(804) 775-1000
Fax: (804) 775-1061
Avenue des Arts 41
1040 Brussels, Belgium
associated office:
P.O. Box 4930
Bahnhofstrasse 3
8022 Zurich, Switzerland
September 10, 1992
Tucker, Jr.
Director
Albemarle County
401 McIntire Road
C arlottesville, Virginia 22902-4596
university of Virginia
Health services Foundation
Revenue Bond Financinq
Mr. Tucker:
McGuire, Woods is acting as counsel to the University of
V'rginia Health Services Foundation in connection with the
p oposed issuance of up to $22,000,000 in revenue bonds by the
I dustrial Development Authority of Albemarle County for the
p rpose of financing, among other things (1) the acquisition of
t e Northridge Office Building on Ivy Road, (2) the construction
o a new administrative building for the Foundation off Fontaine
A enue and (3) the refinancing of up to $1,900,000 in revenue
b nds previously issued by the Industrial Development Authority
o the City of Charlottesville for the construction of the
V'rginia Ambulatory Surgery Center located in the City of
C arlottesville.
Since the vast majority of the bond financing relates to
cilities located in Albemarle County, the Foundation has
bmitted an application to the Industrial Development Authority
Albemarle County, which is scheduled to hold a public hearing
the proposed financing on September 18. Even though a small
p rtion of the financing relates to a facility located in the
c'ty of Charlottesville, it is important to the Foundation that
t e financing be accomplished in a single bond issue in order to
a oid the unnecessary expense and inefficiency of two separate
s ts of bond documents for what is essentially a single
t ansaction.
COUNTY OF ,A.LBUJI..ARll
r;~e~~r_!l_' 'r,
~",1' "~~~~ ~
."" scp 11 1~92 -,r,
..~ II'l ~
, '.' '':5,-4 ~"
~ .,,- .~', "'., :;\;,;~~
EXECUllV!~ OHiO'f!
,.
.
.
. . , "
.. '.
Rc~bert w. Tucker, Jr .
SE~ptember 10, 1992
Pcge 2
In discussing this matter with Lettie Neher and in reviewing
tle County Code, it has come to my attention that in order for
tle Authority to issue the proposed bonds, the Board of
Slpervisors would need to amend the County Code in two ways.
F rst, Section 2-52 would need to be modified to permit 14 bond
ilsues to be outstanding, rather than 13 bond issues. This type
o modification is always necessary whenever the Authority
uldertakes another financing. Second, it would also be necessary
tc~ amend section 2-51 to permit the Authority to undertake
f nancings of facilities outside of the legal boundaries of
A bemarle County. I would suggest that any such out-of-
jlrisdiction financings be permitted only where the governing
bCbdy of the jurisdiction in which the project is located has
acopted a resolution consenting to such rinancing. The
Foundation has already approached the Charlottesville Industrial
DEvelopment Authority regarding this matter, and expects City
Ccuncil to consider an approving resolution in early October.
The current schedule calls for the bonds to be marketed in
m d October, and it is our hope that the Board of Supervisors
w 11 be in a position to consider the County Code amendments at
i1s meeting on October 7. Ms. Neher had tentatively planned to
plblish the notice advertising the proposed amendments after the
Althority had conducted its public hearing on September 18.
After you have had an opportunity to give this matter some
tlought, I would appreciate your giving me a call so that we can
d scuss it further. Many thanks for your assistance in
ccnnection with this matter.
Very truly yours,
D~l.~~
David L. Richardson, II
/e an
cc: Arthur C. Krohn
G. Martin Bass
Steven W. Blaine, Esq.
George W. Ray, Jr.
Form.3
7/25/86
Edward H. Bin, Jr
Samuel Mill r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Forrest R Marshall. Jr
Scoll5vil1e
David P Bow rman
Charlottesvi Ie
Charles S. Martin
Rivanna
Charlotte Y. umphris
Jack Jouett
Walter F. Perkins
While Hall
October 20, 1992
e Honorable George Allen
S. House of Representatives
07 Longworth House Office Building
shington, DC 20515-4607
D ar Mr. Allen:
At its meeting on October 14, 1992, the Albemarle Board of
C unty Supervisors appointed Mr. Forrest R. Marshall, Jr.,
S pervisor, Scottsville District, Mr. Walter F. Perkins,
S pervisor, White Hall District and Mr. V. Wayne Cilimberg,
D'rector, Planning and Community Development, to serve on the
S enandoah National Park Advisory Committee.
Please feel free to contact the Clerk's office if you have
questions or need any additional information.
#./~~
Lettie E. Neher, Clerk, CMC
Board of County Supervisors
L N/jnh
*
Printed on recycled paper
I b -('1 - q "&
County of Albemarle
EXECUTIVE SUMMARY
AGENDA
Shenand
Committ
National
Park
Advisory
AGENDA DATE:
October 14, 1~2'
/ : ; ~ i
ITEM~~(; ;
'"{(\"[; t'o~:/::r, ~t'1
ACTION:
INFORMATION: X
selections
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: No
-----
REVIEWED BY: f
BACK ROUND:
At he October 7 meeting, the Board requested information from the other seven
part cipating counties on their selection of representatives for the Shenandoah National
Park Advisory Committee. Staff contacted the counties for the following information:
decided not to participate at this time, but wants to maintain the
committee in the future. Their Board feels that the County has a good
ionship with the National Park and that there is already an open communication
el between the Park and the County.
Ra
Comm
Count has appointed three of their Board members to participate on the
Gree e Count has appointed one community person who has been very involved in park issues
over the years to attend the first meeting and report back to the Board. At this time,
the oard has not decided if they will appoint any additional representatives.
on Count will act on Delegate Allen's letter at their Board meeting on October 13.
on County staff assumes that the Board will appoint Board members and possibly one
nity representative, since Park issues are such a concern in their County.
Count will not act on the committee appointments until next Tuesday. Staff will
that information at the Board meeting.
member and the Planning Commission member whose
property owner who has been concerned with the
appointments next Tuesday. Staff will provide that
NDATION:
would recommend that the Board appoint two Board members and one additional member
could be from staff, Planning Commission pr citizenry.
/
\bt
92.152
CHAI N
Staige Mille Sr
North Riv r
District
VICE-CHA
Scottie Tho
Shena! h
District
Donald MeN ill Jr
Happy Cr ek
District
. to -cr'-'lL-
COUNTY OF WARREN . '..~,-"...
County Administrator's Office
Warren County Courthouse
P,Q. Box 908
Front Royal, Virginia 22630
(703) 636-4600
FAX (703) 636-6066
], Ronald George
County Administrator
October 7, 1992
The Honorable George Allen
U. S. House of Representatives
1407 Longworth House Office Building
Washington, DC 20515-4607
Dear Congressman Allen:
I am writing in reference to your letter of September 21 to
Chairman Staige Miller which proposed a Shenandoah National Park
Advisory Committee. This matter was discussed by the Warren County
Board of Supervisors at its regular meeting of October 5, 1992.
The Board of Supervisors has decided that Warren County will not
participate at this time in the proposed advisory committee. The
Board feels that the County has a good relationship with the
Shenandoah National Park and that there already exists an open
communication channel between the County and the Park.
The Board would like to maintain the option of participating in
the advisory committee in the future, should it be formally
established. The Board appreciates your interest in this matter and
thanks you for your concern with issues relating to Shenandoah
National Park and its adjoining localities.
Sincerely yours,
/~ld~;'e\--
County Administrator
JRG : j d
cc: Albermarle County Board of Supervisors
Augusta County Board of Supervisors
Greene County Board of Supervisors
Madison County Board of Supervisors
Page County Board of Supervisors
Rappahannock County Board of Supervisors
Rockingham County Board of Supervisors
Bill Wade, Superintendent, Shenandoah National Park
;,
i.
1.tp7 LONGWORTH HOUSE OFFICE BUILDING
,,' ,,' WASHINGTON, DC 20515-4607
TELEPHONE: (202) 225-6561
o 355 W, RIO ROAD
CHARLO''TESVILLE, VA 22901
TELEPHONE: (B04) 973-32B7
SM LL BUSINESS
SUBCOMMITTEE N PROCUREMENT, TOURISM,
AND R RAL DEVELOPMENT
cLongrtss of tht iinittd ~tatts
iflOU5C of 'Rcpfurntati\1u
o 904 PRINCES'; ANNE STREET, SUITE 203
(1',0, Box 336)
FREDERICKSBURG, VA 22401-6149
TELEPHONE: (703) 373-0536
SCIENCE, SPA E, AND TECHNOLOGY
SUBCO MITTEE ON SCIENCE
o 112 NonH CAMERON STREET
(1',0, Box 714)
WINCHESTER, VA 22603-4730
TELEPHONE: (703) 667-0990
September 21, 1992
7TH DISTRICT MESSAGE CENTER
1-1100-54B-1405
The Honorable David P. Bowerman
Chairman
Albemarle County
Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901
Dear Dave:
Shenandoah National Park has, and will continue to have, a
significant impact on the communities of which it is part. To
date, there has not existed a forum for the people or their
elected local government leaders to deliberate together about
the Park nor a way to communicate with the Park with one voice.
I believe an effort should be made to replace what is often
confrontation with communication and consideration.
I would like to serve as facilitator in the formation of
an eight county Shenandoah National Park Advisory Committee.
he Committee would serve to bring together in a climate of
cooperation people and representatives of the localities
adjoining Shenandoah National Park, Park management and state
and federal legislators.
Please review the enclosed proposal. I
eceiving any comments as soon as possible.
ersonally or speak with Rick Richardson, my
in my Charlottesville office.
would appreciate
You may contact me
District Director,
I believe this Committee can make a positive contribution
for regional cooperation, effective input with the Park, and
pen communication. I hope you will look favorably on
articipation of your county.
Thank you for considering this proposal. I look forward
o receiving your response and to finding a productive method to
erve our shared constituents.
FA:bsr
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
J
. .
PROPOSAL FOR THE FORMATION
OF EIGHT COUNTY
SHENANDOAH NATIONAL PARK
ADVISORY COMMITTEE
I
I
I
I
I
~ective: Seventh District Congressman George Allen recommends
to Ithe eight Virginia counties which border Shenandoah National
I
I
pa~k (Augusta, Rockingham, Page, Warren, Rappahannock, Madison,
I
I
Graene, and Albemarle) the creation of an advisory committee
I
I
(t~e committee) consisting of representatives of each county,
I
I
el~cted state and federal legislators, and Park management.
I
I
I
I
I
I
Th1 purpose of the committee is to provide for a two-way conduit
of linformation. Park management decisions today impact
I
su~rounding counties much as the original land acquisitions did
I
I
in Ithe 1930's. These include wildlife management practices, law
I
I
en~orcement, cross promotions for tourism, potential expansion,
I
an1 related land studies. Likewise, decisions on the county
I
le~el can have significant impact on the Park, especially land
I
I
usej issues.
I
I
I
I
I
I
By iestablishing this committee, the counties car consider Issues
I
I
re]ated to the Park in a comprehensive and informed manner and,
I
I
wh~n consensus is reached, communicate with one voice to Park
I
ma~agement. Park management can have an on-going and regular
i
di~logue with its neighbors. Legislators can avail themselves
I
I
of this opportunity to keep current on the issues which impact
.h
. .
su h a large number of constituents and vast land area.
Me Each county government shall appoint, by a method
of own discretion, up to three resident individuals to
se their county's representatives to the committee. Such
re resentatives shall serve without remuneration at the pleasure
of, and for a term determined by, the local governing body.
Park shall be entitled to representation at all meetings
wi up to three personnel. The Park may, however, be excluded
all or any portion of a meeting if so voted by a vote of at
st two-thirds of those counties in attendance.
te and federal legislators whose districts include any
tion of: the Park shall be entitled to ex officio membership.
islators may be accompanied by one staff member at any
mittee meeting. Legislators may be represented by staff at
Committee meeting.
Vo privile es: Each county shall have one vote regardless
of the number of representatives in attendance. Vote by proxy
shall not be allowed. Park personnel and legislators will not
have voting privileges.
ss otherwise specified herein, a simple majority of counties
in ttendance shall prevail. A tie vote will be cause for a
mot'on to fail.
?
. 10
. ..
. t
Or(~anizational Meetino: The initial organizational meeting of
th(~ Committee will be held on October 15, 1992 at 2_p.m. in the
Bo. rd of Supervisor's Room, Madison County Offices, Madison,
vi ginia.
CO] gressman George Allen or his appointed representative shall
serve as moderator at the organizational meeting with the first
orcer of business being the election of a permanent moderator
whc will serve an initial term of one year.
It is envisioned that the Committee shall meet a minimum of six
tires per year at locations to be determined.
Bv laws: This proposal shall serve as the initial governing
document. However, it is understood that the Committee will
de,elop its own set of by-laws as one of its first projects.
..''''
DATE _[)ctmfUL IJWqql
~GENDA ITEM NO. ql,l DOl, 0Z~
~GENriA ITEM NAME A()oronn-ll1J61'. (iHlrQz SmOO\
~CtA..rrj- Ov.er .DUtLncG.
DEFERRED UNTIL __kk.l V (?fYl h6r L\ l \ q q Z .
Form.3
7/25/86
ATE Or:bJ~f lLt\ \Qc\1-
GENDA ITEM NO. 0
V
EFERRED UNTIL lbvem
GENDA ITEM NAME
Form.3
7/25/86
ATE We}OOif t~ll~qL
GENDA ITEM NO. ~Z. lot Y . lJ 3t)
AGENDA ITEM NAME IY CL1:6I'On '. / Ie -to
DEFERRED UNTIL UDVb1&/ t/-:!~i
Form.3
7/25/86
,,' ' ~
~
TO:
FROM:
RE:
"tEr'lORANDUM
Board of Supervisors
Edward H. Bain, Jr.
Permits
I have a concern about how the County and its regulations
(which I believe are necessary for everyone's benefit) are
perceived by the public. I'm sure that the average citizen,
plunking down nearly $lOO.OO for every permit to build something
really simple like a pool or a shed or another kind of
outbuilding, and then being told that it would take at least 7 to
IO days for the permit to be issued, will not come away with a
very positive impression. I think it important that we recognize
the need for the regulation but also the need to minimize hassle
for the individual.
I would like to propose a change in existing prQcedures
(which I think the Staff would be receptive to) and follow it
through. Since we are in the process of reorganizing permitting
and inspections functions I believe this is an opportune time to
bring this matter up. I believe the following would be
appropriate:
r--' ~
I > ..
.
"Fast track permitting would be available for the
construction of any minor, accessory residential use not
requiring health department approval. Minor would be
defined as construction where the estimated total
project budget would not exceed $30,000.00, or such
higher amount as the Director of Inspection determines
in an individual case based upon the particular
circumstances of the project."
Any application for a building permit which qualifies for
"fast track" approval, would be processed and a final permit
would be available for pick-up at the Department of Inspections
by 5:00 p.m. of the day following filing of the application
provided the application is filed with the requi red information
prior to 10:00 a.m.
The review process will operate as outlined on the enclosed
description.
I believe that we have in place all of the elements required
to undertake such a fast track process with the exception of the
computer scanner which would eliminate the need to carry existing
exhibits around to the different departments. These I believe
are relatively inexpensive (less than $1,SOO.OO each). Personnel
assigned to fast track review would have to be people with a
positive attitude about the process or it will fall on its face.
I do think the definition of projects qualifying for fast track
needs very careful thought by those involved in the process, as
do the deadlines, etc.
I believe this Board should look
carefully at this proposal.
. .
.'
.- ~...
. I
"
Description of Fast Track process:
Upon arrival at the Inspections Department each applicant
would be asked a few brief questions by the person on duty to
establish qualification for Fast Track. If the applicant
qualified he or she would be given a set of written instructions
listing the items of information and exhibits required for the
issuance of the permit. The application should note prominently
that provision of the necessary information and exhibits is the
applicant's responsibility whether or not he or she is requested
verbally to provide the information. Only if a noted item of
information or an exhibit is stricken from the instructions in
writing initialed by an official of the Inspections Department
will the applicant be excused from the provision of the otherwise
required item. This is to protect the County from angry
applicants who get held up because the person on duty failed to
ask for all of the required information. Any sketches or
diagrams which are required to accompany the application should
be distinct enough to be legibly picked up by a computer scanner
so that the entire application and necessary exhibits can be
logged into the County computer system. Any applicaton which
involves exhibits which cannot be scanned is automatically
disqualified for Fast Track, although staff should have on hand
at the Inspections Department materials to allow applicants to re
sketch drawings, etc., or copy plats in a fashion which will make
them "scannable".
Once the application for a Fast Track permit has been filed
it will be immediately logged into the computer system. In
addition, the person on duty shall make an appointment with the
applicant for an onsite inspection and shall schedule such
inspection to occur prior to 3:00 p.m. the following day. If the
applicant cannot accommodate this schedule (and if his or her
presence is required for the inspection) the application will not
qualify for Fast Track.
Every Department involved in the review of Fast Track
permits shall have one staff member and one back up (one of whom
shall be present to perform this duty each day) assigned to the
review of Fast Track applications. This staffer shall call up on
his or her computer by 1:00 p.m. each day all applications which
have been filed that day under the Fast Track category. The
staffer shall review the application as it appears on the
computer and shall note in the appropriate fashion on the
application approval, questions, or objections. All departments
shall have completed their initial review of that day's Fast
Track applications by 3:00 and reported their response on the
application appearing on their computer screen. At 3:00 p.m.
Inspections shall review all Fast Track applications filed that
day and note any questions or objections. Inspections shall try
to resolve questions and objections at the staff level. If
further information is required of the applicant, or if an
objection which cannot be resolved at the staff level arises, an
effort shall be made to contact the applicant by phone (the
application will provide a number where the applicant or his or
her agent can be reached between 3:00 and 5:00 p.m. on the day of
the filing). The results of the physical inspection can be
phoned into the Department if the inspection occurs at a time
when the inspector cannot return to the office prior to the
deadline for issuance of the permit on the day after the filing.