HomeMy WebLinkAbout1991-12-18
""T
FIN A L
December 18, 1991
County Office Building
3:00 P.M., Room II, Adjourned Meetin~
1) Call to Order.
2) Executive Session: Personnel.
3) Certify Executive Session.
4) Recess at 4:00 p.m. and move to Room 5/6.
5) Discussion of Legislation with local Legislators.
6) Adjourn.
7:00 P.M., Room 7, Re~ Meetin~
1) Call to Order.
2) Pledge of Allegiance.
3) Moment of Silence.
4) Other Matters Not Listed on the Agenda from the PUBLIC.
5) *Consent Agenda (on next sheet). .
6) SP-89-64. Lois Stewart-Wiebe. Public Hearing on a request for a bridge in
the flood plain of Doyles River to serve pvt residence on 16.51 ac zoned
RA. Property on E side of Rt 810 approx 1 mi N of Rt 668. TM15,P16.
White Hall Dist. (This property does not lie in a designated growth
area. )
7) SP-91-57. First Gold Leaf Land Trust/United Land Company. Public Hearing
on a request for outdoor display & storage of autos on 15 ac zoned HC
and EC. Property on E side of R t 29 approx 0.2 mi S of inters of R t
29/Carrsbrook Dr. TM45,Pll1,111A&111B. Charlottesville Dist. (This
property lies in a growth area.)
8) SP-91-59. Mark R. Wilson. Public Hearing on a request for outdoor display &
storage of modular bldgs on 0.4752 ac zoned PD-SC & ED. Property on W
side of Riverbend Dr approx 250 ft S of Rt 250. TM78,P17D2. Rivanna
Dist. (This property lies in a growth area.)
9) ZMA -89-09. Rio Hill West. Public Hearing on a request to rezone 9.198 ac
from R-6 to R-15 (Proffered). Property on W side of Berkmar Drive at
inters with Woodbrook Dr. TM45,P's28B(part) ,91,92(part) ,93A1&109C.
Charlottesville District. Site located in Neighborhood 1 is recommended
for High Density Residential (11-34 du/ac).
10) PUBLIC HEARING on a request to amend the service area boundaries of the
Albemarle County Service Authority for water and sewer service to include
all remaining properties as shown in the Comprehensive Plan as the
Rivanna Village, which is a designated growth area.
11) Discussion: Crozet Recycling Project.
12) Reconsideration: Naming of Jefferson-Monroe Parkway.
13) Appointments:
a) Airport Commission (2)
b) Alcohol Safety Action Program (1).
14) Approval of Minutes: July 3, August 7 and November 20, 1991.
15) Other Matters Not Listed on the Agenda from the BOARD.
16) Adjourn to January 2, 1992, at 4:00 p.m.
'T
~
CON S E N T
AGE N D A
FOR APPROVAL:
5.1 Statements of Expenses for the State Compensation Board for the Month of
November, 1991, from the Department of Finance, Sheriff, Commonwealth's
Attorney and the Regional Jail.
FOR INFORMATION:
5.2 Letter dated December 5, 1991, from Ray D. Pethtel, Commissioner, Virginia
Department of Transportation, stating that Pepsi Place in Branchlands was
accepted into the Secondary System effective December 1, 1991.
5.3 Copy of the Planning Commission's Minutes for December 3, 1991.
5.4 Copy of letter dated December 12, 1991, from Amelia Patterson, Zoning
Administrator, re: Centel Cellular Proposed Tower attachment (SP 81-34).
5.5 Copy of letter dated December 11, 1991, from Amelia M. Patterson, Zoning
Administrator, entitled "Official Determination of Number of Parcels - Section
10.3.1, Tax Map 33, Parcel 51 (Westvaco Corporation)."
5.6 Letter dated December 10, 1991, from James Christian Hill, National Register
Assistant, Virginia Department of Historic Resources, stating that Malvern has
been determined to meet the criteria for listing on the Virginia Landmarks
Register and the National Register of Historic Places. Mr. Hill notes that the
work program of the Department is fully scheduled for the remainder of the
year which limits the preparation of nominations for properties for which the
Department is accepting an easement.
!
F. R (Rick) Bowie
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
MEMORANDUM
Charlotte Y. Humphris
Jack Jouett
Edward H. Bain. Jr
Samuel Miller
Walter F. Perkins
White Hall
David P. Bowerman
Chi.ulottesville
Peter T. Way
Scottsville
TO: Robert W. Tucker, Jr., County Executive
FROM, Lettie R. Neher, Clerk, CMC~~
DATE: December 23, 1991
SUBJECT: Board Actions of December 18, 1991 (Afternoon Meeting)
Meeting concerned legislation for the 1992 Session of the Virginia General Assembly:
1) Landfills. State law regarding landfill closures exceeds Federal requirements.
This is a huge cost put on the locality with no financial help from the state. If
requirements are being imposed for health reasons, that may be okay.
*Staff is to get documentation from this part of the meeting to the legislators with
any backup material that can be provided. A transcript of the minutes will be
available soon.
2) Equal taxing powers. The county needs better ways
through real property taxes. Roll-back period on land
from five to ten years. The county might be given the
districts in other than the rural areas of the county.
help funding state mandates.
to raise revenues other than
use taxes might be changed
authority to create forestry
The county definitely needs
*There was a list developed last year of specific mandates the Board would like to
see removed; send that list out again.
3) Recycling. The state is not taking a leadership role in working out something
with private enterprise so the localities have a market for materials collected.
4) Highways. Request the legislators to support legislation requiring VDoT to
purchase property within the right-of-way of a highway within a certain amount of
time. In St. John's proposed language word "location" may be a problem. "Proceed
to acquire" should be "acquisition."
*Send proposed language and clarification in writing to each legislator.
~
Memo To: Robert W. Tucker, Jr.
Date: December 23, 1991
Page 2.
5) Police. The county needs legislation which would allow the county police to
ticket a car not displaying a county decal wherever that car is parked, and without
a driver being present.
6) Lodging Tax. There is no reasonable explanation as to difference in amounts
allowed to cities and not to counties.
7) Transferable Development Rights. It was suggested that a letter from any local
government that would have been authorized under the original bill, might help to
get the bill back for consideration.
8) February 13, 1992. VACo meeting with legislators. In Richmond! Time unknown
at this time.
9) Mr. Robb suggested setting another meeting between the legislators and the Board
members. There was no consensus as to what that date might be.
LEN:mms
cc: Robert B. Brandenburger
Richard E. Huff, II
Roxanne White
George R. St. John
File
Charlotte Y Hurnphns
F. R IRickl Bowie
Rivdona
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
l(lek .JoUl:'11
Edward H Bam. Jr
Samuel Miller
David P. Bowerman
Charlottesville
Walter F Perkms
Whit\:' Hall
['eter T Way
Scotl5ville
November 27, 1991
The Hon. Mitchell Van Yahres
408 Altamont Street
Charlottesville, Virginia 22901
Dear Mitch:
I am writing to request your presence at our annual legislative
work session on Wednesday, December 18th, at 4:00 p.m. For the
past several years, this discussion has been scheduled during
December in order to share our legislative positions for the
upcoming session with all of our local legislators.
Attached for your review prior to this discussion is Albemarle
County's legislative package, which was adopted by the Board in
November and will serve as the plan of action for our legislative
liaison during the session. The bolded position statements are
those that have been added this year to prior positions in our
legislative package.
Please let me know if you are unable to attend or if I can provide
any additional information on our positions prior to the meeting.
Sincerely,
FRB/dbm
91.9
Edward H Bain. Jr
Samuel Mill~r
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
Charlotte Y Humph"s
,Im'v. .Jouell
David P Bowerman
Charlottesville
Walter F Perkins
Whll(' Hall
FR. (Rick) Bowie
Rivanna
Peter T Way
Scottsl.'llk>
November 27, 1991
Mr. Edgar S. Robb
Senator-Elect
Route #1, Box 134
Afton, Virginia 22920
Dear Ed:
I am writing to request your presence at our annual legislative
work session on Wednesday, December 18th, at 4:00 p.m. For the
past several years, this discussion has been scheduled during
December in order to share our legislative positions for the
upcoming session with all of our local legislators.
Attached for your review prior to this discussion is Albemarle
County's legislative package, which was adopted by the Board in
November and will serve as the plan of action for our legislative
liaison during the session. The bolded position statements are
those that have been added this year to prior positions in our
legislative package.
Please let me know if you are unable to attend or if I can provide
any additional information on our positions prior to the meeting.
Sincerely,
()-
FRB/dbm
91. 9
F. R (Rick) Bowie
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
Charlotte Y Humphns
,JdC~. Jouett
Edward H Bam, Jr
Samuel MiU""T
Walter F Perkins
WhIle Hall
DaVId P Bowerman
Charlottesville
Peter T Way
SC0ttsville
November 27, 1991
Mr. C. Timothy Lindstrom
c/o Piedmont Environmental Council
1010 Harris Street
Charlottesville, Virginia 22901
Dear Tim:
I am writing to request your presence at our annual legislative
work session on Wednesday, December 18th, at 4:00 p.m. For the
past several years, this discussion has been scheduled during
December in order to share our legislative positions for the
upcoming session with all of our local legislators.
Attached for your review prior to this discussion is Albemarle
County's legislative package, which was adopted by the Board in
November and will serve as the plan of action for our legislative
liaison during the session. The bolded position statements are
those that have been added this year to prior positions in our
legislative package.
Please let me know if you are unable to attend or if I can provide
any additional information on our positions prior to the meeting.
Sincerely,
FRB/dbm
91.9
r
F. R. IRick) Bowie
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
Charlotte Y Humphns
,JiKk Jout'1l
Edward H. Bain. Jr
Samuel Miller
David P. Bowerman
Charlottesville
Walter F PerkHls
Whil\:' Hall
Peter T. Way
Scottsville
November 27, 1991
Rev. Peter T. Way
Keene,
Virginia 22946
Dear Peter:
I am writing to request your presence at our annual legislative
work session on Wednesday, December 18th, at 4:00 p.m. For the
past several years, this discussion has been scheduled during
December in order to share our legislative positions for the
upcoming session with all of our local legislators.
Attached for your review prior to this discussion is Albemarle
County's legislative package, which was adopted by the Board in
November and will serve as the plan of action for our legislative
liaison during the session. The bolded position statements are
those that have been added this year to prior positions in our
legislative package.
Please let me know if you are unable to attend or if I can provide
any additional information on our positions prior to the meeting.
Sincerely,
FRB/dbm
91.9
SUMMARY 1992 LEGISLATIVE POSITIONS
MAJOR LEGISLATIVE POSITIONS
o EQUAL TAXING/BORROWING POWER. To meet the increasing demand
to provide services to a growing population, Albemarle
County urges the General Assembly to grant Counties the same
taxing and borrowing authority as Cities.
o STATE LOTTERY FUNDS. Albemarle County supports legislation
requiring that net funds raised from the Virginia State
Lottery be distributed back to localities for needed capital
projects.
o
STATE MANDATES.
government from
County strongly
mandates.
With the increasing fiscal stress on local
declining federal and state aid, Albemarle
requests full funding of all state
o GROWTH MANAGEMENT. To effectively plan for and manage the
projected growth in the next decade, Albemarle County
supports enabling legislation that will allow the use
of growth management tools such as impact fees, transfer
development rights and purchase development rights.
o LOCAL GOVERNMENT STRUCTURE. To provide greater flexibility
at the local level to plan for and manage growth issues and
declining state revenues, Albemarle county strongly supports
a legislative commission to study the impact of the Dillon
Rule on Virginia counties.
o SOLID WASTE REGULATIONS. With the increasing cost of state
mandates for solid waste disposal, Albemarle County supports
a separate legislative commission to review the efficacy of
the State's current solid waste regulations.
SPECIFIC LEGISLATIVE PROPOSALS
FINANCES
To expand revenue powers by adding:
o 1/2 percent sales tax for localities
o Regional gasoline tax
o Transient occupancy tax (Counties permitted to levy
same rate as Cities)
o Reinstatement of the state recordation tax to
localities
1
o Local meals tax option without referendum
o Local option income tax
To provide for local flexibility of real estate tax collection,
so that the long term home owners are not driven from their
primary homes due to rapid inflation, i.e. homestead exemption,
circuit breaker, refund of excessive tax based on sliding scale,
classification allowing different rates for different values of
property.
To return a portion of the state lottery funds to localities for
infrastructure needs.
To include computer equipment used for either administrative or
research purposes in the local manufacturer's Machinery & Tools
tax.
To provide enabling legislation to allow for the increase of the
roll back period for land use tax from five to ten years.
To request enabling legislation to allow ticketing of parked
vehicles for County decal violations.
GROWTH MANAGEMENT AND PLANNING
To provide for enabling legislation which allows for the use of
growth management tools in all localities such as:
o Impact fees
o Transfer development rights (TDRs)
o Purchase development rights (PDRs)
To require recognition of local comprehensive plans by state
agencies.
To support enabling legislation for an Adequate Public Facilities
Ordinance.
To oppose legislation providing vested property rights in
rezonings.
To support the State Data Center Network (which includes the
Virginia Employment Commission, the Center for Public Service,
and PDCs) and appropriate funding for regional and local analysis
and growth management planning.
To promote shared land use data and Geographic Information System
(GIS) technology among state agencies, PDC's and localities.
To provide funding for regional environmental plans and
assessments.
2
.4
To develop financial incentives to promote regional planning
efforts, including infrastructure planning, construction and
maintenance.
EDUCATION
To oppose requiring binding arbitration for teachers.
To provide funding for standards of quality.
To provide state funding for local school construction and
equipment.
WASTE MANAGEMENT
To provide funds for the upgrading of landfills to legislated
standards.
To provide funding for state and federal mandated qualities of
standards for solid waste and clean water management.
To support legislation establishing a container deposit on
bottles.
To prohibit the use of nonbiodegradable containers whenever safe,
degradable alternatives are viable.
To request the state ensure participation in solid waste
management programs by its own agencies.
To request the state to take an active role in developing markets
for recyclables.
To request that the state institute incentives to encourage
source reduction.
Institute financial incentives to work regionally on waste
management solutions.
To request local option of a single liner in rural landfills.
To provide separate property tax classification for certified
recycling equipment.
To reserve all recyclables for the localities or their designated
authorities so that the waste stream flow is sufficient to be
marketable.
To establish a separate legislative commission to review the
efficacy of solid waste regulations. Included should be
representatives of VACo, VML, and Planning District Commissions.
3
....
LOCAL GOVERNMENT STRUCTURE AND LAWS
To support the creation of a legislative commisssion to review
the Dillon Rule and its impact on Virginia counties.
HOUSING
To support low income housing initiatives by continuing state
funding of the Housing Partnership Fund.
To allow greater local authority to require provisions for
affordable housing.
CORRECTIONS
To provide adequate state facilities for state felons in order
to relieve local jails.
To request that reimbursement for jail construction projects be
incremental rather than at the conclusion of a project and that
reimbursement for regional projects be at 50% of the
construction, enlargement or renovation costs, not "up to 50
percent".
TRANSPORTATION
To provide funding for regional transportation planning and for
local transportation needs.
To provide enabling legislation for transportation districts
which would allow for inclusion of state universities and
colleges.
To require VDOT to consider land use impacts and local
comprehensive plans before proceeding with highway projects.
To continue full state funding of the secondary road system.
REGIONAL HEALTH
To continue state funding for indigent medical care.
To ensure that the state provides adequate sanitarian staff at
the local level.
RWW
LEGPKT92.
4
,
Tech-Prep: Banks
1
TECH-PREP
MODEL DEVELOPMENT
(A Progress Report)
The attached is a description of the events which have occured, and
which are scheduled to occur, relative to the development of a
model Tech-Prep Program. Other avenues to Tech-Prep are being
explored by Albemarle County. We should Clearly state that Tech-
Prep is not the only concept being examined, in terms of expanding
vocational Offerings and raising the quality and public awareness
of the program in our district. Expansion of the CATEC offerings,
expanded building level programs, and improvement of facilities and
-equipment are also feasible avenues which are under consideration.
Tech-Prep: Banks 2
PHASE I
I. ORGANIZATION OF A REGIONAL PLAN
A. Initiated by PVCC in response to a State bulletin
regarding the availabilty of funds for Tech-Prep
Planning Grants, through the Community College System.
Superintendents of area school divisions were invited to
attend a planning session hosted by PVCC.
1. Attending Divisions and Institutions
a) PVCC
b) Albemarle County Public Schools
c} CATEC
d) Charlottesville City Public Schools
e) Buckingham County Public Schools
f) Fluvanna County Public schools
g) Greene County Public schools
h) Louisa County Public Schools
i) Nelson County Public Schools
2 . Mission
a) To determine the effectiveness and feasibility
of forming an alliance to pursue planning grant
funds for the development of a Tech-Prep
Program.
b) To identify a program which could be
effectively implemented in all participating
school districts.
3 . Obj ecti ves
a) To identify an articulated process through
which a greater number of students would be
encouraged to stay in school and to pursue
post-secondary training.
b) To determine if such a program, implemented
within the parameters of a regional consortium,
would allow participating divisions and
institutions to share resources, information,
and expertise in order to improve educational
opportunities for students.
c) To determine whether such a program could
provide an broader range of choices for
students entering and leaving secondary
education.
Tech-Prep: Banks
3
d) To implement a process through which such a
program could be developed and implemented, if
the group determined it to be feasible.
4 . OUtcomes
a) Formation of consortium.
b) Decision to develop a planning grant proposal.
c) Determination that the planning grant would be
used to develop a model for the implementation
of other Tech-Prep Programs.
d) Identification of "Business Technologies" as
the TeCh-Prep Program to serve as a focus for
the planning grant proposal.
e) Appointment of designees.
II. Development of Tech-Prep Planning Grant Proposal.
. A. Representatives of Divisions and Institutions Appointed
1. Grant proposal development process.
a) Assignment of membership to work groups.
b) Group development of proposal components.
c) Compilation and coordination of components.
d) Editing, printing, and submission of proposal
for Implementation and Development Grant.
2. OUtcomes
a) State approval of grant proposal for funding
Tech-Prep: Banks 4
PHASE II
III. Generation of Plan for a Model Tech-Prep Program
(To be submitted as a grant proposal for implementation and
development grant.)
A. Formation of Advisory Council.
1. Membership
a) U. Va. President.
Dr. John Casteen
b) PVCC President.
Dr. Deborah M. DiCroce
c) Superintendents of participating school
districts.
Dr. Robert W. Paskel, Albemarle
Dr. D. Jack Gold, Buckingham
Dr. Joseph R. McGeehan, Charlottesville
Dr. Wayne K. White, Fluvanna
Dr. Joanne Reina, Greene
Dr. William G. Thomas, Louisa
Mr. Joseph Adams, Nelson
d) Executives of major area employers.
e) Chamber of Commerce President.
Ms. Mary Ann Elwood
B. Formation of Planning (Executive) Committee.
1. Membership
a) u. Va. Representative.
Mr. William D. Vining, Director of Employee
Relations
b) PVCC Representatives.
Dr. Barbara A Wyles, Dean of Instruction
Dr. Donna Klepper, Associate Director
of Division of Continuing Education
c) School Division Representatives.
Mr. Bill Banks, Voc. Director-Albemarle
Ms. Thea Bertola, Counselor-Albemarle
Ms. Suzanne Mawyer, Voc. Instr.-Albemarle
Dr. Rochelle Friedman, Director-CATEC
Mr. Dan Fielding, Coordinator-Charlottesville
Ms. Marie Derdeyn, Instr. Coord.-
Charlottesville
Ms. Karen Cole, Voc. Counselor-Louisa
Tech-Prep: Banks 5
Mr. Lee Browning, Voc. Director-Louisa
Ms. Sarah Spruell, Dir. Instr.-Nelson
Mr. Larry Swift, Voc. Instr.-Greene
(others as appointed)
d} Employer Representatives.
State Farm Insurance
G. E. Fanuc
Sperry
Va. Power
U. S. Government
Wintergreen Resort
Klockner-Peneplast
(others as appointed)
e} Government Representatives.
Thomas Jefferson Planning Board
County Supervisors (Appointed)
other political entities
f} Apprenticeship Council Representative
A State Assistance Team will work closely with the Planning
Committee. This team will consist of at least:
* The Tech-Prep Steering Committee Facilitator
assigned to this project.
* A Department of Education Contact assigned to
this project.
* A VVCRC contact person
C. Selection of Project Director(s}.
1. Co-directors
a} Donna Klepper, PVCC
b} Bill Banks, Albemarle
D. Formation of Division and Institutional Teams
1. Division/Institutional Teams will be organized, at
the local level, by the designated representative
from the districts and institutions participating
in the alliance.
2. Divisional teams will consist of teachers,
counselors, facilitators, parents, and business
Tech-Prep: Banks
people. plus appointed representatives.
6
3. Institutional teams will consist of faculty and
staff from the participating institutions.
E. Formation of working committees.
1. Marketing and Student Recruitment.
This committee is responsible for planning a
process through which students, parents, and the
general public will be made aware of the program
to be developed by the project. The process will
involve public relations, consciousness raising,
parent and student counseling, career assessments,
and academic planning. This committee will also
act as a communications bridge with operating
Tech-Prep programs and organizations focused on
Tech-Prep to obtain data and ideas to the local
project.
2. Program/Curriculum Development.
This committee is responsible for providing
curricular guidance and assistance to the local
teams as they evolve the articulated curriculum
and program for their division. This activity
will involve input from workers and managers in
the field, relative to the job specific skills
required for success in the area of Business
Technologies, and from academic and vocational
teachers relative to the further development of
the Academic Curricula. Input from the local
teams will be developed into a curricular model by
this committee.
3. Staff Development.
This committee is responsible for providing
training opportunities for the members of the
. project and planning, organizing, and implementing
the exchange of information between project
components, as needed.
4. Policies and Proceduresl Assessment
This committee is responsible for working out the
details of articulation between the secondary and
higher education components of the project, and
for planning and developing methods of assessment
for the resulting program.
Tech-Prep: Banks
7
The Working Committees will be composed of Planning Committee
members (Divisional and Institutional representatives), plus
members drawn from business, industry, labor, and goverrunent. Each
participant will have a team which presents a plan that reflects
the needs and abilities of it's own division or institution. The
representative from that division will serve on the Planning
Commi ttee, and on one or more of the Working Committees. Evolution
and organization of the Implementation and Development Proposal
will move upward from the teams, to the Working Committees, to the
Planning Committee which will develop the final grant proposal.
The Project Co-Directors will guide development of the
Implementation and Development Grant, facilitate the data gathering
process, organize and implement staff development acti vi ties,
respond to the requests and needs of committees or teams, manage
the budgetary aspects of the proj ect, develop other tasks as
directed by the Executive Committee, and will have responsibility
for maintaining communications among all members of the consortium
and all operational components of the project.
The Advisory Council must approve the document before the
grant proposal is submitted.
~
I
8
TECH-PREP PROJECT ORG1\lUZATION
. DIVISION
,TEAMS
REPRESENTATIVE
CATEC
ADVISORY COUNCIL
Albemarle
~harlottesvillel
ROJECT DIRECTOR-
PLANNING
COMMITTEE
STATE
.. SUPPOR
TEAM
~-iJ
uckingham
Greene
olicies
Proceed.
Louisa
elson
OPERATIONAL FLOW-CHART
TECH-PREP PROJECT
(_nu_u
I ~=i~ I
.-- _~L_______,
I Appointment and direction -
, of division I
lrepresentatives .
,_ -.... - - - - - - - - - --'
DIVISIONAL
TEAM
r - Lo~al deci;l~n; ~g~di~ - -,
. curriculum, resources, needs,'
, organization, articulation, I
I _ ~r.:.i::..i~, _e="_ _ _ _ _ _ _ _J
I . .
T~d;J:'T;ch:P~~ ...
Program design
. proposal .
~---- ----.--...--- ".
. ~ ,,-
r STATE .
_ CONSULTANTS
.
r~~;r; ~d-s~the;i-; of i~o~-;t~nf;o; ,
I~i ~s.:o~ .:~:: .:e~: :.nc:. ~t:. t.: .:~~s~l..:~:s J
POLICIES-
PROCEDURES
ASSESSMENT
COMMI'l'TER
STAFF
DEVELOPMENT
.. COMMI'l'TEE
MAlUCETING-
RECRUITMENT
COMMITTEE .
f,:;'Pla; for- i;;c;;p~r~~; of divisi;~l ~n~e;n;/;e-;d;- ~t~- -.
comprehensive program
--.- - ... ~ - - - - - - - - - .... ... - - -- - - - ~ - - - .....t
. ....
C(
COUNTY OF ALBEMARLE
14''''Cj{
,'". >!lLdQI~'_~'1/
, ,
MEMORANDUM
J
Ii'
.1
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
Robert W. Tucker, Jr., County Executive
December 6, 1991
Landfill Legislative Issues
Attached is a proposed resolution addressing requirement to close
older landfills under the new regulations. This resolution
addresses a very specific issue that is not now a part of your
legislative package except as it would be addressed by the proposal
to establish a separate legislative commission to review the
efficacy of the State's current solid waste regulations.
RWT,Jr/dbm
91.231
Attachment
..
PROPOSED RESOLUTION
WHEREAS, the Commonwealth of Virginia, Department of Waste
Management Regulations UR 672-20-10 requires all sanitary
landfill cells opened under existing permits after December
18, 1988 to be closed under the new regulations; and
WHEREAS, while the Department of Waste Management's concern relates
to lechate generated in these cells entering and contaminating
the environment, and groundwater in particular; and
WHEREAS, requiring the placement of a cap atop these closed cells
is a costly procedure with no proven benefit ~~; and
WHEREAS, owners of landfills are still responsible for groundwater
quality irrespective of a requirement to cap cells under the
new regulations; and
WHEREAS, the requirement to monitor groundwater quality and take
mi tigating action when deemed necessary is an appropriate
action; and
WHEREAS, these actions should meet the intent of
quality and environmental protection without
costly closure procedure; and
groundwater
incurring a
WHEREAS, the current waste management regulations do not allow for
alternative monitoring and subsequent mitigation in lieu of a
costly closure process; ~
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of the
County of Albemarle strongly request, its legislators to urge the
General Assembly to create a separate legislative commission to
review the efficacy of the State's current solid waste regulations.
91. 232
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MEMO
TO:
FROM:
Chairman and Members of the Board of Supervisors
Nancy K. O'Brien, Executive Director A)CU
Andrea Trank, Legislative LiaisonJfr---
Proposed 1992 Legislative Program
December 5, 1991
RE:
DATE:
Enclosed please find the draft of the 1992 Legislative Program.
As in past years, we will be presenting the program to your
board at the next meeting. Either one of us will attend your
meeting on December 11th to explain the program and ask for
your direction. The final document will be presented to the
legislators at the January 2nd meeting of the Planning District
commission.
We look forward to working with you and representing you in
Richmond in 1992.
A~ C~,~. J 1~iftU{- C~~j, fKL4U (~. Z~ C~, Nd.m~:'~
Thomas Jefferson PDC 1992 Legislative Program Page 1
Adopted by Governing Bodies of: Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
PRIORITIES
The Thomas Jefferson Planning District Commission and the member governing boards of
Albemarle, Charlottesville, Fluvanna, Greene, and Louisa, have adopted this 1992 Legislative
Package. The top priorities are:
1. We oppose any change in funding forumula for secondary and urban
roads.
2. The State should provide more funds for education.
3. The State should reevaluate Solid Waste guidlines and regulations,
particularly for closure of existing landfills. If regulations are necessary,
state funding should be available.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. Trank, Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
Thomas Jefferson PDC 1992 Legislative Program Page 2
Adopted by Governing Bodies oj- Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
GROWfH MANAGEMENT
POLICY STATEMENT
The Planning District and member govenunents recognize the importance of a mix of vibrant
growing cities and preservation of rural areas. In order to maintain this balance, we support
expanded authority through enabling legislation to give local govenunents the tools to manage
growth We support legislation which would encourage localities to work together on a regional
basis. We oppose legislation which would restrict existing authority.
RECOMMENDATIONS
n: Support enabling legislation for local governments to use expanded growth
management tools such as Transfer Development Rights (TDR's), Purchase
Development Rights (PDR's), impact fees and adequate public facilities
ordinances.
n: Oppose any legislation which would restrict local governments' ability to develop,
modify, and enforce their comprehensive plan.
n: Support efforts which require state agencies to consider local comprehensive plans
and the future impact of their decisions on the local community in the agency's
decision making process.
n: Support incentives for regional cooperation where the effects of decisions are felt
beyond the local leveL
n: Support streamlining approval processes for development scheduled for designated
growth areas.
n: Support the Conservation Trust Fund.
n: Oppose legislation which broadens individual vested rights in land use matters.
n: Support shared data use through Geographic Information System (GIS)
technology and the State Data Center Network (which includes the Virginia
Employment Commission, the Center for Public Service, and PDCs) with
appropriate funding for regional and local analysis, growth management planning
and dissemination of the 1990 Census information.
n: Expand definition of "standing" to allow citizens and municipalities to take action ~
against State environmental agencies on decisions which would adversely affect them.
Provide opportunity for local governments or affected citizens to initiate rule making
in state agencies.
n: Support and fund development of regional water conservation and resource plans.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. Trank. Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
,
Thomas Jefferson PDC 1992 Legislative Program Page 3
Adopted by Governing Bodies of: Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
FINANCES
POLICY STATEMENT
The Planning District and its members recognize that financing government projects should be a
partnership between the state and localities. But we are aIanned at the decreasing level of support
from the state, while demands for services increase. With our limited ability to raise funds, we are
unable to meet services required by our residents and those mandated by the state.
RECOMMENDATIONS
P: Restore local funds committed through the state's portion of the recordation tax.
l:::i Fund state mandates, starting with solid waste management and education.
l:::i Provide equal taxing and borrowing power for counties similar to that of cities.
l:::i Provide local governments with funds and/or taxing power for their infrastructure.
l:::i Oppose any efforts to restrict the use of current local revenue sources.
l:::i Expand local authority to generate additional revenue resources.
l:::i Continue state support of human service programs.
l:l: Provide enabling legislation to allow for the increase of the roll back period for
land use tax from five to ten years.
l:l: Provide for local taxing of computers and other personal property used for
administrative and research purposes in a manufacturing business.
l:l: Return a portion of the state lottery funds to localities for infrastructure needs.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. Trank, Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
Thomas Jefferson PDC 1992 Legislative Program Page 4
Adopted by Governing Bodies of: Charlottesville, Albemarle,Louisa, Fluvanna, Greene, Nelson
EDUCATION
POLICY STATEMENT
The Planning District and its members share the state S interest in educational excellence. Yet local
resources for funding education are limited and shrinking. Adequate state funding and equity needs
to be acheived for education in a way that does not diminish present funding levels.
RECOMMENDATIONS
P: Restore and increase state funding for standards of quality and all other
educational categorical mandates without reduction to other components of the
state budget.
P: Provide localities with funds and/or revenue sources for school construction and
equipment, and ensure literary funds are used solely for local school construction
and equipment.
P: Umit child care licensing to services for children under five years of age.
P: Oppose binding arbitration in grievance procedures for school board employees
mandates.
f
P: Limit additional educational mandates.
P: Support local option to have elected school boards.
TJPDc,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fox)
Andrea B. Trank, Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
Thomas Jefferson PDC 1992 Legislative Program Page 5
Adopted by Governing Bodies of" Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
WASTE MANAGEMENT
POLICY STATEMENT
The Planning District and its member localities recognize the importance of reducing solid waste
through an integrated management program that stresses source reduction, reWie and recycling. But
the reality of implementing a program and meeting state mandates on landfills is costly. Therefore,
the state must do its share to help 10caIities meet these mandates.
RECOMMENDATIONS
II Reevaluate Solid Waste guidelines and regulations for closure of existing landfills.
II Have state assume lead role in the development of markets for recyclables,
increased source reduction and reuse of materials.
II Fund state mandated laws and regulations regarding solid waste, particularly the
upgrading of landfills to standards.
II Prohibit the use of nonbiodegradable containers whenever safe, degradable
alternatives are available.
II Encourage development of recycling industries through fmancial incentives.
II Institute financial incentives for regional waste mangement solutions.
II Support legislation establishing a container deposit on bottles.
II Require state agencies and institutions to contribute their recyclables to the local
and regional waste stream.
Xl Expand authority granted to James City County to control the flow of solid waste to all
interested localities.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. Trank, Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
Thomas Jefferson PDC 1992 Legislative Program Page 6
Adopted by Governing Bodies of' Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
LOCAL GOVERNMENT STRUCTURE AND LAWS
POLICY STATEMENT
Since so many governmental actions need to take place at the localleveI, a strong local government
system is essentiaL To ensure these needs are being met, local governments must have the freedom
and tools to carry out their responsibilities.
RECOMMENDATIONS
n Support relaxation of the Dillon rule, particularly in areas of finance and growth
management.
n Strengthen sovereign immunity doctrine so that protection applies equally to all forms
of local government -- counties, cities and school boards.
HOUSING
POllCY STATEMENT
The Planning District and its members believe all Vuginians, particularly those of low and moderate
income, should live in safe, decent, affordable housing.
RECOMMENDATIONS
n Support low income housing initiatives by continuing state funding of the Housing
Partnership Fund.
n Support efforts to maintain home ownership for at-risk population.
n Support incentives for regional initiatives to provide affordable housing.
n Provide funding for alternatives to septic systems.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. TranI<, Legis. Liaison,l00l E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
,
Thomas Jefferson PDC 1992 Legislative Program Page 7
Adopted by Governing Bodies oj- Charlottesville, Albemarle, Louisa, Fluvanna, Greene, Nelson
CORRECTIONS
RECOMMENDATIONS
n: Continue to work on relieving local jails of state felons.
n: Continue funding support of construction of local and regional jails.
n: Fund fully per diem reimbursement for all prisoners.
n: State expand diversion efforts.
TRANSPORTATION
RECOMMENDATIONS
n: Continue present levels of funding for urban street and secondary road construction.
n: Provide enabling legislation for transportation districts which would allow for
inclusion of state universities and colleges.
n: Fund regional transportation planning and local transportation needs recognizing
statewide significance of all aspects of transportation.
xx Require VDOT to consider land use impacts and local comprehensive plans
before proceeding with highway projects (see policy under growth management).
REGIONAL HEALTH
RECOMMENDATIONS
n: Continue state funding of indigent care.
n: Ensure adequate sanitarian staff levels in local health departments.
TJPDC,413 E.Market,Ste 102, Charlottesville, VA 22901 (804) 972-1720 972-1719 (fax)
Andrea B. Trank, Legis. Liaison,1001 E. Broad, Suite 115, Richmond, VA 23219 (804) 644-2912 643-2505 (fax)
Albemarle County 1992 Legislative Positions
M~or Legislative Positions
o
EQUAL TAXINGIBORROWING POWER. To meet the increasing demand to
provide services to a growing population, Albemarle County urges the General
Assembly to grant Counties the same taxing and borrowing authority as Cities.
o
STATE LOTTERY FUNDS. Albemarle County supports legislation requiring that net
funds raised from the Virginia State Lottery be distributed back to localities for needed
capital projects.
o
STATE MANDATES. With the increasing fiscal stress on local government from
declining federal and state aid, Albemarle County strongly requests full funding of all
state mandates.
o
GROWTH MANAGEMENT. To effectively plan for and manage the projected
growth in the next decade, Albemarle County supports enabling legislation that will
allow the use of growth management tools such as impact fees, transfer development
rights and purchase development rights.
o LOCAL GOVERNMENT STRUCTURE. To provide greater flexibility at the local level to
plan for and manage growth issues and declining state revenues, Albemarle county strongly
supports a legislative commission to study the impact of the Dillon Rule on Virginia
counties.
o
SOLID WASTE REGULATIONS. With the increasing cost of state mandates for solid
waste disposal, Albemarle County supports a separate legislative commission to review the
efficacy of the State ~ current solid waste regulations.
Specific Legislative Proposals
FINANCES
To expand revenue powers by adding:
o
112 percent sales tax for localities
o
Regional gasoline tax
o
Transient occupancy tax (Counties permitted to levy same rate as Cities)
o Reinstatement of the state recordation tax to localities
Italics Signifies New Positions or Proposals
1
/
o
Local meals tax option without referendum
To provide for local flexibility of real estate tax collection, so that the long term home
owners are not driven from their primary homes due to rapid inflation, i.e. homestead
exemption, circuit breaker, refund of excessive tax based on sliding scale, classification
allowing different rates for different values of property.
To return a portion of the state lottery funds to localities for infrastructure needs.
To include computer equipment used for either administrative or research purposes in the
local manufacturer's Machinery & Tools tax.
To provide enabling legislation to allow for the increase of the roll back period for land use
tax from five to ten years.
To request enabling legislation to allow ticketing of parked vehicles for County decal violations.
GROWTH MANAGEMENT AND PLANNING
..
To provide for enabling legislation which allows for the use of growth management tools in
all localities such as:
o
Impact fees
o
Transfer development rights (TDRs)
o
Purchase development rights (PDRs)
To require recognition of local comprehensive plans by state agencies.
To support enabling legislation for an Adequate Public Facilities Ordinance.
To oppose legislation providing vested property rights in rezonings.
To support the State Data Center Network (which includes the Virginia Employment
Commission, the Center for Public Service, and PDCs) and appropriate funding for
regional and local analysis and growth management planning.
To promote shared land use data and Geographic Information System (GIS) technology
among state agencies, PDC's and localities.
To provide funding for regional environmental plans and assessments.
To develop financial incentives to promote regional planning efforts, including infrastructure
planning, construction and maintenance.
Italics Signifies New Positions or Proposals
2
To provide for enabling legislation to eliminate land use value taxation in designated growth
areas.
To enable the County to authorize Local Agricultural/Forestal Districts.
EDUCATION
To oppose requiring binding arbitration for teachers.
To provide funding for standards of quality.
To provide state funding for local school construction and equipment.
WASTE MANAGEMENT
To provide funds for the upgrading of landfills to legislated standards.
To provide funding for state and federal mandated qualities of standards for solid waste and
clean water management.
To support legislation establishing a container deposit on bottles.
To prohibit the use of nonbiodegradable containers whenever safe, degradable alternatives
are viable.
To request the state ensure participation in solid waste management programs by its own
agencies.
To request the state to take an active role in developing markets for recyclables.
To request that the state institute incentives to encourage source reduction.
Institute financial incentives to work regionally on waste management solutions.
To request local option of a single liner in rural landfills.
To provide separate property tax classification for certified recycling equipment.
To reserve all recyclables for the localities or their designated authorities so that the waste
stream flow is sufficient to be marketable.
To establish a separate legislative commission to review the efficacy of solid waste regulations.
Included should be representatives of VA Co, VML, and Planning District Commissions.
Italics Signifies New Positions or Proposals
3
....
LOCAL GOVERNMENT STRUCTURE AND LAWS
To support the creation of a legislative commisssion to review the Dillon Rule and its impact on
Virginia counties.
HOUSING
To support low income housing initiatives by continuing state funding of the Housing
Partnership Fund.
To allow greater local authority to require provisions for affordable housing.
CORRECTIONS
To provide adequate state facilities for state felons in order to relieve local jails.
To request that reimbursement for jail construction projects be incremental rather than at the
conclusion of a project and that reimbursement for regional projects be at 50% of the
construction, enlargement or renovation costs, not "up to 50 percent".
TRANSPORTATION
To provide funding for regional transportation planning and for local transportation needs.
To provide enabling legislation for transportation districts which would allow for inclusion
of state universities and colleges.
To require VDOT to consider land use impacts and local comprehensive plans before
proceeding with highway projects.
To continue full state funding of the secondary road system.
To require the Commonwealth Transportation Board to acquire properties in the right-of-way
of proposed state roads in three years.
REGIONAL HEALTH
To continue state funding for indigent medical care.
To ensure that the state provides adequate sanitarian staff at the local level.
RWW
Legisrw.chp
Italics Signifies New Positions or Proposals
4
. .
Edward H. Bain. Jr
SamuE'l Miller
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 fAX (804) 979-1281
Charlotll! Y Humphris
"dCV. .1oul2l1
David P Bowerman
Charlottesville
Walter F. Perkins
Whih! Hall
F. R. IRick) Bowie
RIVimll3
Peter T Way
Scotlsvdl~
December 13, 1991
Mr. Edgar S. Robb, Senator-Elect
Route #1, Box 134
Afton, Virginia 22920
AND
Mr. C. Timothy Lindstrom
Piedmont Environmental Council
1010 Harris Street
Charlottesville, Virginia 22901
AND
The Hon. Mitchell Van Yahres
408 Altamont Circle
Charlottesville, Virginia 22901
AND
Rev. Peter T. Way
Keene, Virginia 22946
RE: Albemarle County Legislative Issues - Update
Dear Gentlemen:
Recent Board of Supervisor actions have identified four additional
legislative issues of concern to Albemarle County that were not
included in your legislative packet and will require sponsorship in
the 1992 General Assembly:
1. To allow Albemarle County to eliminate land use value taxation
in designated growth areas and to enable the County to authorize
local agricultural/forestal districts;
2. To allow Albemarle County's police department to ticket parked
vehicles not displaying a county decal;
3. To establish a separate legislative commission to review the
efficacy of the State's solid waste regulations related to closure
requirements for older landfills; and
4. To require the Commonwealth Transportation Board to acquire
properties in the right-of-way of proposed state roads.
..
,
Mr. Edgar S. Robb
Mr. C. Timothy Lindstrom
The Hon. Mitchell Van Yahres
Rev. Peter T. Way
December 13, 1991
RE: Albemarle County Legislative Issues - Update
Page 2
Language for proposed amendments to the state code are enclosed for
your consideration. The rationale for these initiatives are
summarized as follows:
(1) Land Use Taxation. Albemarle County currently has land within
the designated growth areas eligible for land use assessments. To
ensure flexibility in our land use planning and to eliminate use
value taxation for speculative property acquisition, the County
seeks the same authority granted to counties adjacent to counties
with the urban County Executive form of government to exclude land
use value taxation from specified zoning districts by adding "land
use areas designated for growth in the Comprehensive Plan" per
Section 58.1-3231 and Section 58.1-3237.1.
Local Agricultural/Forestal Districts. Related to the preferential
land use taxation above, this legislation would allow Albemarle
County to authorize local agricultural/forestal districts with a
minimum of 25 acres. These districts could be targeted for growth
areas to conserve active agricultural and forestal lands as well as
desired open spaces. Small rural parcels currently unable to join
an agricultural/forestal district would be eligible under this
local district legislation - Section 15.1-1513.3.
(2) County Decal Ticketing. Counties currently have no way to
enforce the requirement for county residents to purchase and
display county decals except to ticket them in an occupied, moving
vehicle on public roads. This requires inordinate manpower and
administration to identify moving vehicles or establish roadblocks.
Most vehicles can be easily sighted and ticketed while parked on
public property or in privately owned parking areas open to the
public (i.e., shopping areas) in a very efficient manner, thus
allowing enforcement of decal ordinance laws.
(3) Solid Waste Regulations. The imposition of the newest state
solid waste regulations requiring landfills built and operated
prior to the 1988 to be closed under the new regulations, results
in significant costs to the locality with no proven benefit. For
example, to require capping a landfill cell to the new standards
when such action has not been shown to provide a commensurate
increase in protection of the environment is unrectsonable. We
support the need to monitor groundwater quality and other
environmental impacts, but believe protective actions should be
required only when it has been determined such action is necessary.
Review of these regulations by a separate legislative commission is
warranted.
Mr. Edgar S. Robb
Mr. C. Timothy Lindstrom
The Hon. Mitchell Van Yahres
Rev. Peter T. Way
December 13, 1991
RE: Albemarle County Legislative Issues - Update
Page 3
(4) Acquiring Right-of-Way. Current Commonwealth Transportation
Board (CTB) policies place a significant hardship and negative
impact on property owners in the path of proposed state roads.
This hardship is immediately apparent when such proposed roads are
announced and persists until properties are eventually purchased or
the road is canceled. In the case of the proposed Western By-Pass
alignment (Alternative 10), this hardship will exist for 20 years.
This action is considered intolerable on the part of any
governmental agency. The proposed legislation would require the
eTB to acquire properties in the right-of-way of proposed roads
within three years.
The Board of Supervisors looks forward to discussing our
legislative package with you on December 18 at 4:00 p.m. and should
you have questions, please do not hesitate to contact Mr. Tucker or
me.
Sincerely,
Jti2~
F. R. Bowie,
Chairman
FRB/dbm
91.239
Attachment
Of
,
COUNTY OF ALBEMARLE
." '- "\ ,! -.. ~o.;:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
December 4, 1991
Robert W. Tucker, Jr., County Executive
Proposed Legislation for Land-Use Tax, Local
Agricultural/Forestal Districts and Decal Fines
At the November '13, 1991 meeting, the Board approved submitting
three specific legislative amendments to the 1992 General ,Assembly
Session: one, to allow Albemarle County to eliminate land use
value taxation in designated. growth areas; two, to enable Albemarle
County to authorize local agricultural/forestal districts; and
three, to allow the Police Department to ticket parked vehicles
without a county decal.
The language in these three amendments, which has been prepared by
the County Attorney, is presented here for your information. These
amendments will also be included as part of the legislative
discussion on December 18.
(1) Land-Use Taxation
Section 58. 1- 3 2 31. "The local governing body p1:H'&\iafti& Jae
~i-ea 58 .~-3-%3-1-. 3= may provide in the ordinance that property
locafed in specified zoning districts or areas designated' for
growth by the local Comprehensive Plan shall not be eligible for
special assessment as provided in this article. " In this
amendment.
"Pursuant to Section 58.1-3237.1" refers to the code section that
now grants authority to enact prov~s~ons based on zoning
classifications to only those counties adjacent to counties with
the urban County Executive form of government, i.e. Loudoun and
Prince William. Deleting this section will, therefore, enable all
Counties including Albemarle to have this authority.
(2) Local Agricultural/Fo~estal Districts. Section 15.1-1513.3
"Local Governing Body" shall mean the governing body of any county
having the urban County Executi ve form of government and any
count~ies) with a population of no less than 85,000 and no more
than 90,000 or no less than 63,400 and no more ,than 73,900.
,
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
Robert W. Tucker, Jr., County Executive
December 6, 1991
Landfill Legislative Issues
{
,
Attached is a proposed resolution addressing requirement to close
older landfills under the new regulations. This resolution
addresses a very specific issue that is not now a part of your
legislative package except as it would be addressed by the proposal
to establish a separate legislative conunission to review the
efficacy of the State's current solid waste regulations.
RWT,Jr/dbm
91.231
Attachment
. ..
,
7 6 ~-r1-r\-~ P /~-(/ k.t&'1.A> I 7../1 II ~ l
t~ G. (<" $'(' ~i' it "'___.,
Sec. 33.1-18.1. Acquisition of Right of Way within three
years of location.-- Within three years of the location of any
route by the Board pursuant to Sec. 33.1-18, the Board shall,
pursuant to Sees. 33.1-138 and 33.1-139, proceed to acquire all
properties to constitute right of way for the route or routes so
located.
With respect to routes located prior to the effective date
of this section, the Board shall acquire the properties to
constitute such right of way within three years of the effective
date of this section.
Compensation shall be the fair market value of such
properties on the date of location by the Board or on the date of
acquisition, whichever is greater.
Upon failure of the Board to comply with this section,
owners of such properties shall be entitled to bring an action in
the circuit court wherein their respective properties lie, to
injoin the Board immediately to institute proceedings for the
acquisition of such properties in accord with this section.
MOTION: Mr. Bain
SECOND: Mr. Bowerman
MEETING DATE: December 18, 1991 (Afternoon)
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Albemarle County Board of Supervisors has
convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provi-
sions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1
requires certification by the
Supervisors that such executive
conformity with Virginia law;
of the
Albemarle
meeting
Code of Virginia
County Board of
was conducted in
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby certifies that, to the best of
each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia
law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public
business matters as were identified in the motion convening
the executive meeting were heard, discussed or considered by
the Albemarle County Board of Supervisors.
VOTE:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris and Mr. Perkins.
NAYS: None.
[For each nay vote, the substance of the departure from the
requirements of the Act should be described.]
ABSENT DURING MEETING: Mr. Bowie and Mr. Way.
ABSTAIN DURING VOTE: Mr. Bowie and Mr. Way.
Clerk,
,..
\
fO~6//'-7/~~
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 9, 1991
The Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22901
Dear Board Members:
The members of the Architectural Review Board thank you for
providing funding for a full-time professional staff member to
assist us. We know that funding is very scarce and that there are
many other important places where this funding could have been
used.
We are also very pleased that someone as qualified as Marcia
Joseph has been hired to fill this new position. We believe that
her familiarity with the development process and sensitivity to
both the public and private interests affected by the
Architectural Review Board will serve the County well in the
future.
We are also enclosing photos of the Toy R Us project as it was
first proposed to the Architectural Review Board, and as it has
been completed in accordance with Architectural Review Board
conditions. We plan to maintain a portfolio of "before and after"
plans and photographs for your reference in the future.
Again, thank you very much for your support of the work of the
Architectural Review Board.
f:
l
~ / /~ /? f/;? fI
. /
COUNTY OF ALBEMARLE
Office of General Registrar
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5863
December 18, 1991
F.R. Bowie, Chairman
Albemarle County
Board of Supervisors
Dear Mr. Bowie,
At its meeting of December 10, 1991, the Electoral Board of Albemarle
County voted unanimously to request that the Board of Supervisors urge our dele-
gation to the General Assembly to offer technical amendments to the General
Assembly's redistricting plans.
The Congressional Redistricting plan recently enacted will create signifi-
cant difficulties for election administration and may result in voter confusion.
This is due to two factors: (1) the General Assembly failed to use the new pre-
cinct names and boundary lines adopted on May 15, 1991, opting instead to use
the lines adopted in 1981, and (2) the General Assembly in some instances
created completely new lines that correspond with no currently existing politi-
cal boundary lines. The result is that split precincts--in which voters within
the same precinct must vote on different races--have been created throughout the
Commonwealth, including two in Albemarle. Such precincts are not only confusing
to voters and election officials, but also are costly to the County since extra
machines and election officials are needed to operate them in a lawful manner.
The redistricting plan creates two split precincts in Albemarle
County--Woodbrook, where approximately 125 residents will be in the 5th District
and the remainder in the 7th, and East Ivy, where 2,080 residents will be in the
7th District with the remainder in the 5th. The only alternative to operating
these as split precincts is to create entirely new precincts or to redraw our
existing precinct lines.
In addition the Board hopes that our legislative representatives may look
at offering amendments to lIunspl it II the spl it precinct of Ivy that was created
in the redistricting of the House of Delegates in the spring of 1991.
The Division of Legislative Services has suggested that the Assembly may
consider such technical amendments in the upcoming session. The Board requests
that you urge our delegation to study and, if possible, act on this issue.
Sincerely,
a~ J11.. N~~
ames M. Heilman
. . General Registrar