HomeMy WebLinkAbout1991-09-04
rT
FIN A L
September 4, 1991
7 : 00 P. M.
Room 7, County Office Building
i'
Ii
:1
il
I
I
I
I
III
II
III
'I!
11
I',]
II
!I
I:j
ill
!'I
II
II
I
1,1
ill
I;
I
I
I
I
II
I
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 (starts on bottom of this sheet).
6) Public Hearing: An ordinance to vacate a portion of a certain plat of a
portion of Phase 1, Section 1, Mill Creek P. U . D.; this property is
shown on a plat recorded in the office of the Clerk of the Circuit
Court in Deed Book 944, page 695 (Deferred from August 21, 1991).
7) SP-91-29. CBC Partners. Public Hearing on a request for a miniature
golf course on 1. 4 ac zoned HC & EC. Property on W side of Rt 29
adjacent to Kegler's Bowling. TM45, P112C1. Charlottesville Dist
(Deferred from August 21, 1991).
8) SP-91-39. Willie Mae Hoover. Public Hearing on a request to amend
SP-88-86 in order to permit rental of a single-wide mobile home on 5.0
ac zoned RA. Property on pvt rd on W side of Rt 20 approx 2.7 mi
S of Rt 742. TM102,P1E. Scottsville Dist.
9) SP-91-41. Gifford & Rachel Crawford. Public Hearing on a request to
amend SP-91-15 in order to permit rental of a single-wide mobile home
on 2.0 ac zoned RA. Property on N side of Rt 776 approx 3/10 mi W
of Rt 664. TM18,P8J. White Hall Dist.
10) 1991-1992 Medical Insurance Renewal.
11) Meals Tax Ordinance, Draft of.
12) Appointment: School Board.
13) Other Matters Not Listed on the Agenda from the BOARD.
14) Adjourn.
CON S E N T
AGE N D A
FOR APPROVAL:
5.1 Resolution Supporting request of the Thomas Jefferson Planning District
Commission for a grant for the Thomas Jefferson Study to Preserve and
Access the Regional Environment (TJSPARE).
FOR INFORMATION:
5.2 Letters dated August 20, 1991, from James Christian Hill, National Register
Assistant, Department of Historic Resources, stating that Hatton Grange
Farm and East &.....t Fa:rm appear to meet criteria for listing on the
Virginia Landmarks Register and the National Register of Historic Places,
however, the DHR staff will not be able to prepare the paperwork neces-
sary for nomination.
5.3 Letter dated August 22, 1991, from Hugh C. Miller, Director, Department
of Historic Resources, stating that The Rectory has been placed on the
Virginia Landmarks Register and endorsed to the National Register of
Historic Places.
5.4 Copy of Letter dated August 22, 1991, from Amelia M. Patterson, Zoning
Administrator, addressed to Nicholas E. Munger, entitled "Official Determi-
nation of Number of Parcels - Section 10.3.1, Tax Map 26, Parcel 27 C
(Herbert and Ruby Sipe).
5.5 Copy of Letter dated August 26, 1991, from Amelia M. Patterson, Zoning
Administrator, addressed to Edward G. Williams, entitled "Official Determi-
nation of Number of Parcels - Section 10.3.1, Tax Map 80, Parcel 8D.
, I
i ~'
5.6 Letter dated August 23, 1991, from J. A. Echols, Assistant Resident
Engineer, Virginia Department of Transportation, entitled "1991-92 Revenue
Sharing, Albemarle County."
5.7 Copy of 1988 REVISED Statement of Assessed Values for Local Tax Purpos-
es for Rails, as prepared by the Virginia Department of Taxation, on file
in the Clerk's Office.
5.8 Copy of STATEMENT showing the EQUALIZED ASSESSED VALUE as of the
beginning of the First Day of January, 1991, of the property of WATER
CORPORATIONS in the Commonwealth of Virginia and the State Taxes
Extended for the Year 1991, made "Qy the State Corporation Commission of
Virginia, on file in the Clerk's Office.
5.9 Copy of STATEMENT showing the EQUALIZED ASSESSED VALUE as of the
beginning of the First Day of January, 1991, of the property of GAS AND
PIPELINE DISTRIBUTION CORPORATIONS in the Commonwealth of Virginia
and the State Taxes Extended for the Year 1991, made by the State Cor-
poration Commission of Virginia, on file in the Clerk's Office.
5.10 Copy of STATEMENT showing the EQUALIZED ASSESSED VALUE as of the
beginning of the First Day of January, 1991, of the property of ELECTRIC
LIGHT AND POWER CORPORATIONS in the Commonwealth of VirginIa and
the State Taxes Extended for the Year 1991, made by the State Corpora-
tion Commission of Virginia, on file in the Clerk's Office. - r' -~i r .
-;:-
5.11 Copy of STATEMENT showing the EQUALIZED ASSESSED VALUE as of th~'
beginning of the First Day of January, 1991, of the property of TELECOM-
MUNICATIONS COMPANIES (Local Exchange Telephone Services,. '.,
Interexchange Services, Radio Common Carrier Systems, Cellular Mobile
Radio Communications Systems, and Telegraph Services) in the Common-.
wealth of Virginia and the State Taxes Extended for the Year 1991, made
by the State Corporation Commission of Virginia, on file in the, Clerk's
Office.
:;
5.12 Copies of Minutes of the Planning Commission for August 6 and August 20,
1991.
5.13 Memorandum dated August 26, 1991, from Robert W. Tucker, Jr., County
Executive, entitled "School Division Leave Experiment."
r",
, t'
~ I'
J ;
1 I r
, .
,
, r'
+. \~: f
'~ f
,.. "
\
!
David P Bowerman
Charlottesville
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296.5843 FAX (804) 979-1281
MEMORANDUM
Charlolte Y Humphns
.Ji1ck Jouett
Edward H Bain, Jr
Samu",1 Miller
Walter F, PerkIns
Whit.... Hall
F. R. (Rick) Bowie
Rivanna
Peter T Way
Scof1sville
TO: Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director, Planning and Community Development
Lettie E. Neher, Clerk, CMC~~
FROM:
DATE: September 5, 1991
SUBJECT: Board Actions of September 4, 1991
Following is a list of actions taken by the Board at its meeting on Septem-
ber 4, 1991:
Agenda Item No. 5.1. Resolution Supporting request of the Thomas Jefferson
Planning District Commission for a grant for the Thomas Jefferson Study to
Preserve and Access the Regional Environment (TJSPARE). ADOPTED resolution
attached approving request. Original sent to Nancy O'Brien
Agenda Item No. 5.13. Memorandum dated August 26, 1991, from Robert W.
Tucker, Jr., County Executive, entitled "School Division Leave Experiment."
Requested that item be moved to joint meeting with School Board on September 11,
1991 and that Dr. Hastings provide a summary of the big report referred to by
Mr. Tucker in his memo.
Agenda Item No.6. Public Hearing: An ordinance to vacate a portion of a
certain plat of a portion of Phase 1, Section 1, Mill Creek P.U.D.; this proper-
ty is shown on a plat recorded in the office of the Clerk of the Circuit Court
in Deed Book 944, page 695 (Deferred from August 21, 1991). ADOPTED. Certified
copy attached. Clerk will have recorded in the Circuit Court Clerk's office.
Agenda Item No.7. SP-91-29. CBC Partners. Public Hearing on a request
for a miniature golf course on 1.4 ac zoned HC & EC. Property on W side of Rt
29 adjacent to Kegler's Bowling. TM45, Pl12Cl. Charlottesville Dist (Deferred
from August 21, 1991). DENIED.
Memo To:
Date:
Page 2
Mr. Tucker and Mr. Cilimberg
September 5, 1991
Agenda Item No.8. SP-91-39. Willie Mae Hoover. Public Hearing on a
request to amend SP-88-86 in order to permit rental of a single-wide mobile home
on 5.0 ac zoned RA. Property on pvt rd on W side of Rt 20 approx 2.7 mi S of Rt
742. TM102,P1E. Scottsville Dist. DEFERRED to January 8, 1992, meeting. A
decision will be made after receiving a commission study on mobile homes and
housing.
Agenda Item No.9. SP-91-41. Gifford & Rachel Crawford. Public Hearing
on a request to amend SP-91-15 in order to permit rental of a single-wide mobile
home on 2.0 ac zoned RA. Property on N side of Rt 776 approx 3/10 mi W of Rt
664. TM18,P8J. White Hall Dist. DEFERRED to January 8, 1992, meeting. A
decision will be made after receiving a commission study on mobile homes and
housing.
Agenda Item No. 10. 1991-1992 Medical Insurance Renewal. APPROVED the
following recommendations as outlined in Memo dated September 4, 1991, from
Robert W. Tucker, Jr. County Executive:
1. Provide the employer contribution for medical insurance at the 1991-92
budgeted level of $1,026 per employee.
2. Select the option to implement the wellness program as described to
allow the inclusion of health screenings, mammographies, colon screenings
and an incentive plan for employees who are determined to be low risk and
medium risk.
3. Continue to offer the dental program through Delta Dental Company,
accepting their quote for no increase in employee-only coverage for
1991-92. Additionally, survey the employees to determine the level of
interest in employee-paid dependent dental coverage.
4. Approve the implementation of a preferred provider network of pharma-
cies to provide prescription drugs thus saving 1.4 percent in the medical
insurance rates.
5. Accept the rate structure included as Attachment A (copy attached), for
the 1991-92 renewal of the Blue Cross/Blue Shield of Virginia contract.
Agenda Item No. 11. Meals Tax Ordinance, Draft of. SET Public Hearing for
October 16, 1991, on an ordinance to amend Chapter 8, of the Code of the County
of Albemarle, by adding an article numbered XIII, in order to impose a tax on
meals with the following three changes:
1. Line 1 of page 1 should be: BY THE BOARD OF SUPERVISORS;
2. Line 2 of the heading should read: AS AMENDEDL; and
Memo To:
Date:
Page 3
Mr. Tucker and Mr. Cilimberg
September 5, 1991
3. Section 8-78 should read: The proceeds of this tax shall be used
exclusively for service of debt incurred for public school construction
and/or for new construction of public schools.
APPROVED the following requests from the Meals Tax Committee:
1. That all board members volunteer to serve as speakers on requests from
organizations to make presentations;
2. Presentor's request time on agenda of joint meeting for Board of
Supervisors and School Board on September 11, 1991, to go over material;
3. Authorize expenditure of up to $1000.00 from the Board's Contingency
Fund for printing and mailing informational brochure. (Appropriate form
has been requested from Melvin Breeden.
Agenda Item No. 12. Appointment: School Board. APPOINTED Karen L. Powell
to the School Board as the Jack Jouett district representative.
Agenda Item No. 13. Other Matters Not Listed on the Agenda from the BOARD.
Concerning short agenda next week, meeting is to start at 10:00 a.m.
instead of 9:00 a.m.
Adjourned to September 11, 1991, 10:00 a.m.
LEN:bwh
Attachments (3)
cc: Robert B. Brandenburger
Richard E. Huff, II
Roxanne White
Bruce Woodzell
Amelia Patterson
George R. St. John
File
RESOLUTION OF SUPPORT
FOR PHASE I OF
THE THOMAS JEFFERSON PLANNING DISTRICT STUDY TO
PRESERVE AND ASSESS
THE REGIONAL ENVIRONMENT:
CAPACITY ANALYSES OF GREENE, ALBEMARLE, NELSON, LOUISA AND
FLUVANNA COUNTIES AND THE CITY OF CHARLOTTESVILLE
WHEREAS, a high quality of air, land and water resources must be preserved
to maintain the existing quality of life now found in the Planning District Ten;
and
WHEREAS, the knowledge of the environmental limitations on development is
crucial to protect the health, welfare and safety of all the residents of the
Planning District Ten; and
WHEREAS, the Thomas Jefferson Planning District Study to Preserve and
Assess the Regional Environment, (TJSPARE) will assess the significant environ-
mental resources of the region to determine their limitations; and
WHEREAS, TJSPARE will determine the quantity and quality of development
which can be sustained without degradation of the environment; and
WHEREAS, the development of capacity analyses to predict the future land
use of the region is necessary to project future resource demand; and
WHEREAS, the projection of future demand is necessary to predict impact on
existing resources; and
WHEREAS, the information gained through TJSPARE will be passed to local
governments to protect their natural resources.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervi-
sors hereby supports the application of the Thomas Jefferson Planning District
to develop capacity analyses to provide information to localities so that they
may wisely manage their natural resources.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing writing is a true,
correct copy of a Resolution, unanimously adopted by the Board of Supervisors
of Albemarle County, Virginia, at a regular meeting held on September 4, 1991.
AN ORDINANCE TO VACATE A PORTION OF A CERTAIN
PLAT OF A PORTION OF PHASE 1 - SECTION 1, MILL
CREEK P.U.D.; THIS PROPERTY IS SHOWN ON A PLAT
RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN DEED BOOK 944, PAGE 695.
WHEREAS, a certain tract or parcel of land lying in Albemarle
County has been heretofore subdivided under the name of Mill Creek
P.U.D., a plat of a portion of which is of record in the Office of
the Clerk of the Circuit Court of Albemarle County, Virginia, in
Deed Book 944, page 695; and
WHEREAS, Craig Builders of Albemarle, Inc. ("Craig") is the
owner of lots 36, 37, 38 and 39 shown on said plat; and
WHEREAS, said four lots have been joined with Parcel G1, shown
on a plat dated April 13, 1988, of record in aforesaid Clerk's
Office in Deed Book 1002, page 719, and the said Craig has peti-
tioned the Board of County Supervisors of Albemarle County that the
said plat of record in Deed Book 944, page 695, be vacated insofar
as it affects the aforementioned lots 36, 37, 38, and 39;
NOW, THEREFORE, be it ordained by the Board of County Supervi-
sors of Albemarle County, Virginia, as follows:
1. That the subdivision of Phase 1, Section 1, Mill Creek
P.U.D., shown on the plat recorded in the said Clerk's Office in
Deed Book 944, page 695, be, and the same hereby is, vacated as to
that portion of the said subdivision shown on the said plat as lots
36, 37, 38 and 39, of the said Phase 1, Section 1;
2. That the vacation set forth in Section 1 of this ordi-
nance shall in no way vacate any other street, road, right of way
or lot duly platted and recorded on the aforementioned plat;
3. That the clerk of the Board shall cause a certified copy
hereof to be recorded in the said Clerk's Office to be indexed in
the name of Craig Builders of America, Inc.;
4. That this ordinance shall be effective upon adoption.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing
writing is a true, correct copy of an ordinance, unanimously
adopted by the Board of Supervisors of Albemarle County, Virginia,
at a regular meeting held on September 4, 1991.
df6-.~
Clerk, Board of County Supervisors
o R DIN A N C E
AN ORDINANCE
TO AMEND AND REENACT THE CODE OF ALBEMARLE
BY THE ADDITION OF
ARTICLE XIII, IN CHAPTER 8
IN ORDER TO IMPOSE A TAX ON MEALS
BE IT ORDAINED by the Board of County Supervisors of
Albemarle County, Virginia:
1. That Chapter 8 of the Code of Albemarle, is hereby amended by
the addition of Article XIII, entitled "Tax on Meals" as follows:
ARTICLE XIII
TAX ON MEALS
Section 8-64. Definitions.
For the purpose of this article the following words or
phrases shall have the meanings respectively ascribed to them by
this section:
Caterer. A person who furnishes meals on the premises of
another, for compensation.
Director. The Director of Finance of the County of Albemarle
and duly designated deputies, assistants, inspectors, clerks or
other employees.
Meal. Any prepared food and drink, including alcoholic
beverages, offered or held out for sale for the purpose of being
consumed by an individual or group of individuals at one time to
satisfy the appetite. All such food and drink shall be included,
whether intended to be consumed on the seller's premises or
elsewhere, whether designated as breakfast, lunch, dinner, supper,
or by some other name, and without regard to the manner, time or
place of service.
Purchaser. Any person who purchases a meal.
Restaurant. Any place in the county from which
meals are sold, including but not limited to places
known as bars, cafes, cafeterias, coffee shops, clubs,
sens, diners, dining rooms, eateries, grills, lunch
restaurants or snack bars.
or in which
of business
delicates-
counters,
Seller. Any restaurant or caterer selling meals, or the
person operating such business.
- Page 1 -
Single-Meal Platter. Any prepared food ready for human
consumption served or packaged in such a manner as to be consumed
by a single individual.
Section 8-65. Levy of Tax.
In addition to all other taxes and fees of any kind now or
hereafter imposed by law, a tax is hereby levied and imposed on
the purchaser of every meal served, sold or delivered in the
county by a restaurant or caterer. The rate of this tax shall be
four percent of the amount paid for the meal. There shall be no
tax if the total paid is less than thirty-three cents; on larger
amounts a fraction cent of tax due shall be rounded to the next
higher cent.
Section 8-66. Payment and collection of tax.
In every case the tax shall be collected by the seller and
paid by the purchaser at the time the charge for the meal becomes
due and payable, whether payment is to be made in cash or on
credit by means of a credit card or otherwise. The seller shall
add the tax to the amount charged for the meal, and shall pay the
taxes collected to the county as provided in this article.
Section 8-67. Collections in trust for county.
All amounts collected as taxes under this article shall be
deemed to be held in trust by the seller collecting them, until
remitted to the county as provided by this article.
Section 8-68. Reports and remittances.
The Director of Finance shall require all prospective sellers
of meals licensed to do business in the county to register for
collection of the tax imposed by this article. Every seller shall
make a report for each calendar month, showing the amount of
charges collected for the meals and the amount of tax required to
be collected. The monthly reports shall be made on forms pre-
scribed by the Director and shall be signed by the seller. The
report shall be filed with the Director on or before the last day
of the calendar month following the month being reported. Each
report shall be accompanied by a remittance of the amount of tax
due, made payable to the Director of Finance.
Section 8-68.1. Discount.
For the purpose of compensating sellers for the collection of
tax imposed by this article, every seller shall be allowed three
percent of the amount of the tax due and accounted for in the form
of a deduction on his or her monthly return; provided, the amount
due is not delinquent at the time of payment.
Section 8-69. Penalty and interest.
- Page 2 -
If any person whose duty it is to do so, shall fail or refuse
to make the report or remit the tax required by this article
within the time and in the amount required, there shall be added
to the tax by the Director a penalty in the amount of ten percent
of the tax, or a minimum of ten dollars, if such failure is for
not more than thirty days duration, and thereafter interest shall
be payable on such overdue tax and penalty in the amount of ten
percent per annum. In no case shall the penalty exceed the amount
of tax due.
Section 8-70. Procedure when tax not reported or collected.
If any person whose duty it is to do so shall fail or refuse
to collect the tax imposed under this article and make timely
report and remittance thereof, the Director shall proceed in such
manner as is practicable to obtain facts and information on which
to base an estimate of the tax due. As soon as the Director has
procured whatever facts and information may be obtainable, upon
which to base the assessment of any tax payable by any person who
has failed to collect, report or remit such tax, the Director
shall proceed to determine and assess against such person the tax,
penalty and interest provided in this article, and shall notify
the person by registered mail sent to his or her last known
address, of the amount of such tax, penalty and interest. The
total amount thereof shall be payable ten days after the date such
notice is sent.
Section 8-71. Preservation of records.
It shall be the duty of every person liable for collection
and remittance of the taxes imposed by this article to keep and
preserve for a period of two years records showing all purchases
taxable under this article, the amount charged the purchaser for
each such purchase, the date thereof, the taxes collected thereon
and the amount of tax required to be collected by this article.
The Director shall have the power to examine such records at
reasonable times and without unreasonable interference with the
business of such person, for the purpose of administering and
enforcing the provisions of this article and to make transcripts
of all or any parts thereof.
Section 8-72. Duty of person going out of business.
Whenever any person required to collect and remit to the
county any tax imposed by this article shall cease to operate or
otherwise dispose of his or her business, the tax shall immediate-
ly become due and payable, and the person shall immediately make a
report and remittance thereof.
Section 8-73. Advertising payment or absorption of tax
prohibited.
No seller shall advertise or hold out to the public in any
manner directly or indirectly, that all or any part of a tax
imposed under this article will be paid or absorbed by the seller
- Page 3 -
or by anyone or that the seller or anyone else will relieve any
purchaser of payment of all or part of the tax.
Section 8-74. Tips and service charges.
Where a purchaser provides a tip for an employee of a seller
and the amount of the tip is wholly in the discretion of the
purchaser the tip is not subj ect to the tax imposed by this
article, whether in cash to the employee or added to the bill and
charged to the purchaser's account, provided, in the latter case,
the full amount of the tip is turned over to the employee by the
seller.
Any amount or percentage, whether designated as a tip or a
service charge, that is added to the price of a meal by the
seller, and required to be paid by the purchaser, is a part of the
selling price of the meal and is subj ect to the tax imposed by
this article.
Section 8-75. Exemptions.
The following classes of meals shall not be subj ect to the
tax under this article:
(a) Meals furnished by restaurants to employees as part of
their compensation when no charge is made to the employee.
(b) Meals sold by public or private elementary or secondary
schools to their students or employees.
(c) Meals purchased by agencies of federal, state or local
governments or by officers or employees thereof while on official
business.
(d) Meals furnished by a hospital, medical clinic, convales-
cent home, nursing home, home for the aged or handicapped or other
extended care facility to patients or residents thereof.
(e) Meals furnished by a college fraternity or sorority to
its members.
(f) Meals furnished by a non-profit charitable organization
to elderly, handicapped or needy persons in their homes or at
central locations.
(g) Meals sold by a non-profit educational, religious,
charitable or benevolent organization on an occasional basis as a
fund-raising activity.
(h) Meals or food sold from coin operated vending machines.
(i) Any other sale of a meal which is exempt from taxation
under the Virginia Retail Sales and Use Tax Act, or administrative
rules and regulations issued pursuant thereto.
- Page 4 -
( j ) Food or beverages sold by grocery store delicatessens
and convenience stores except for prepared sandwiches and single-
meal platters.
Section 8-76. Enforcement.
(a) It shall be the duty of the Director to ascertain the
name of every person operating a restaurant in the county, liable
for the collection of the tax imposed by this article, who fails,
refuses or neglects to collect such tax or to make the reports and
remittances required by this article. The Director may have
issued a summons for such person, and the summons may be served
upon such person by any county police officer in the manner
provided by law.
(b) In the event the purchaser of any meal refuses to pay
the tax imposed by this article, the seller may call upon the
police department for assistance; and the investigating officer
may, when probable cause exists, issue the purchaser a summons as
provided by law.
Section 8-77. Violations.
Any person violating or failing to comply with any of the
provisions of this article shall, upon conviction thereof, be
guilty of a Class 3 misdemeanor punishable as provided in Section
1-6 of this Code. Conviction shall not relieve any person from
the payment, collection or remittance of the tax as provided in
this article. Each violation or failure shall be a separate
offense.
Section 8-78. Use of Proceeds.
The proceeds of this tax shall be used exclusively for
service of debt incurred for public school construction or for new
construction of public schools.
2. This ordinance shall be effective on and after
(date)
- Page 5 -
"
Edward H, Bam. Jr
Samuel Miller
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 9791281
CharlottO! Y Humphris
ldck ,Jouel1
David P. Bowerman
Charlottesville
Walter F Perkins
Whit!;' Hall
F R (Rick) Bowie
Rivanna
Peler T Way
SCOllsville
September 9, 1991
Mrs. Nancy O'Brien, Executive Director
Planning District Commission
413 E. Market Street, Suite 102
Charlottesville, VA 22901-5213
Dear Mrs. O'Brien:
Enclosed you will find the original Resolution Of Support For Phase I Of
The Thomas Jefferson Study To Preserve And Assess The Regional Environment:
Capacity Analyses Of Greene, Albemarle, Nelson, Louisa And Fluvanna Counties And
The City Of Charlottesville.
Should you have any questions in this matter, please feel free to call me.
Sincer7ly t . ,/
~'3~
Lettie E. Neher, Clerk, CMC
Board of County Supervisors
LEH:bh
Enclosure
...
RESOLUTION OF SUPPORT
FOR PHASE I OF
THE THOMAS JEFFERSON PLANNING DISTRICT STUDY TO
PRESERVE AND ASSESS
THE REGIONAL ENVIRONMENT:
CAPACITY ANALYSES OF GREENE, ALBEMARLE, NELSON, LOUISA AND
FLUVANNA COUNTIES AND THE CITY OF CHARLOTTESVILLE
WHEREAS, a high quality of air, land and water resources must be preserved
to maintain the existing quality of life now found in the Planning District Ten;
and
WHEREAS, the knowledge of the environmental limitations on development is
crucial to protect the health, welfare and safety of all the residents of the
Planning District Ten; and
WHEREAS, the Thomas Jefferson Planning District Study to Preserve and
Assess the Regional Environment, (TJSPARE) will assess the significant environ-
mental resources of the region to determine their limitations; and
WHEREAS, TJSPARE will determine the quantity and quality of development
which can be sustained without degradation of the environment; and
WHEREAS, the development of capacity analyses to predict the future land
use of the region is necessary to project future resource demand; and
WHEREAS, the projection of future demand is necessary to predict impact on
existing resources; and
WHEREAS, the information gained through TJSPARE will be passed to local
governments to protect their natural resources.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervi-
sors hereby supports the application of the Thomas Jefferson Planning District
to develop capacity analyses to provide information to localities so that they
may wisely manage their natural resources.
* * * * *
I, Lettie E. Neher. do hereby certify that the foregoing writing is a true,
correct copy of a Resolution, unanimously adopted by the Board of Supervisors
of Albemarle County, Virginia, at a regular meeting held on September 4, 1991.
~.6'/&4
Clerk, Board of County Supervisors
COUNTY OF ALBEMARLE
Distributed to Board: g /0:.m.
Agenda Item No. 3J.:..,Jd.2Q:1.~1
: i ~\i ;-1,' ,\,:.~ 1- /\ t... 1".:, r " \, ! 7
\(I! :J:-~,LE0_i'!-:;j~j\:LL!_:'.;~.' \ ' i l
i " ,. \ 1\ i I
, i, \1\Ci ~'( l',;::'jt ,:: ' I
1 .. :', !
::u:::e:::::::v~:
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board
Robert W. Tucker, Jr.,
August 26, 1991
Resolution Supporting Thomas Jefferson Study to Preserve
and Access the Regional Environment (TJSPARE)
The Thomas Jefferson Planning District is submitting a grant
proposal for full funding of the TJSPARE project (a regional
geographic data base) and requests our support of this grant
application. The grant will be used to begin development of a
geographic information system (GIS) that can be shared with
localities throughout Planning District 10.
The attached resolution is recommended for your approval. As
proposed, the grant request is for full funding. Ms. Nancy O'Brien
indicated additional funding from the County is not anticipated.
RWT,Jr/RBB/bat
91-100.bat
Attachment
..
RESOLUTION OF SUPPORT
FOR PHASE I OF
THE THOMAS JEFFERSON STUDY TO PRESERVE AND ASSESS
THE REGIONAL ENVIRONMENT:
CAPACITY ANALYSES OF GREENE, ALBEMARLE, NELSON, LOUISA AND
FLUVANNA COUNTIES AND THE CITY OF CHARLOTTESVILLE
WHEREAS, a high quality of air, land and water resources must be
preserved to maintain the existing quality of life now found in the
Planning District; and
WHEREAS, the knowledge of the environmental limitations on
development is crucial to protect the health, welfare and safety of
all the residents of the Thomas Jefferson Planning District; and
WHEREAS, the Thomas Jefferson Study to Preserve and Assess the
Regional Environment, (TJSPARE) will assess the significant
environmental resources of the region to determine their
limitations; and
WHEREAS, TJSPARE will determine the quantity and quality of
development which can be sustained without degradation of the
environment; and
WHEREAS, the development of capacity analyses to predict the future
land use of the region is necessary to proj ect future resource
demand; and
WHEREAS, the projection of future demand is necessary to predict
impact on existing resources; and
WHEREAS, the information gained through TJSPARE will be passed on
to local governments to protect their natural resources.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors supports the application of the Thomas Jefferson
Planning District to develop capacity analyses to provide
information to localities so that they may wisely manage their
natural resources.
* * * * *
to Board: -~Q.I1.L._.. .
1./ i ..,'
item No. ..J.L:.kflr/J-.S1
~\,;...'f'~~.~
"
Hugh C. Miller. Director
COMMONWEALTH of VIRGINIA
Department oj Historic Resources
221 Governor Street
Richmond, Virginia 23219
TOO: (804) 786-1934
Telephone (804) 786-3143
FAX (804) 225-4261
August 20, 1991
Frederick R. Bowie, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22901
RE: Hatton Grange Farm, Albemarle County (DHR 02-105)
Dear Mr. Bowie:
At its August 20 meeting, the State Review Board determined that the above-referenced property
appears to meet the criteria for listing on the Virginia Landmarks Register and the National
Register of Historic Places. The staff of the Department of Historic Resources does not plan to
prepare the national register nomination which is the required next step in the registration
process, as our work program is fully scheduled for the remainder of the year and we normally
limit our preparation of nominations to those properties for which the Department is accepting
an easement.
Should the preparation of a nomination go forward you will be notified prior to any formal
action by the Department or the Board. Thank you for your interest in the register program.
Should you have any questions or concerns regarding the registration process, please do not
hesitate to contact me.
Sincerely,
~~
James Christian Hill
National Register Assistant
.
.. .
The Honorable Thomas J. Michie
Senate of Virginia
The Honorable Mitchell Van Yahres
Virginia House of Delegates
The Honorable George F. Allen
Virginia House of Delegates
Frederick R. Bowie, Chairman
Albemarle County Board of Supervisors
Robert W. Tucker. Jr., Executive
Albemarle County
Keith Rittenhouse. Planning Chairman
Albemarle Countv
V. Wayne Cilimberg, Planning Director
Thomas Jefferson Planning District Commission
Nancy K. O'Brien, Executive Director
Thomas Jefferson Planning District Commission
Geoffrey B. Henry, Consultant
- 2 -
t,) ,~L?~l9L_.
Agenda ilem No. q J. (crC1. ~.~:~
: '.,< .
\j" ,:.\ 1, }'.'~ t.
'-~':,'" ~~ ',"''''
,.....,.
. '
'f : ._.._'
~ ~ '; I,,'
Hugh C, Miller, Director
COMMONWEALTH of VIRGi~t~
Department of Historic Resources i ~ ,,':
221 Governor Street " ,
Richmond, Virginia 23219
,,' ".....
,.TQQ: (l'jO:,\~ ?,86-1934
: :rl'ilephbne '(804) 786-3143
FAX: (804) 225-4261
August 20, 1991
Frederick R. Bowie, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22901
RE: East Belmont Farm, Albemarle County (DHR 02-23)
Dear Mr. Bowie:
At its August 20 meeting, the State Review Board determined that the above-referenced property
appears to meet the criteria for listing on the Virginia Landmarks Register and the National
Register of Historic Places. The staff of the Department of Historic Resources does not plan to
prepare the national register nomination which is the required next step in the registration
process, as our work program is fully scheduled for the remainder of the year and we normally
limit our preparation of nominations to those properties for which the Department is accepting
an easement.
Should the preparation of a nomination go forward you will be notified prior to any formal
action by the Department or the Board. Thank you for your interest in the register program.
Should you have any questions or concerns regarding the registration process, please do not
hesitate to contact me.
Sincerely,
~~
James Christian Hill
National Register Assistant
A~end.~
Distributed to 8()()rd:ti~~
H. {II ()C/., A 5 .,
- "~ u, -L!.!....Ji~JJi..".-' .. e....""J
~~........,,...,.,
..
August 22, 1991
CONfIvI'ONyl/E'liLTI-I of VIRGINIA
Department of Historic Resources
221 Governor Street
RIChmond. Virginia 23219
TOO: (804) 786-1934
Telephone (804) 786-3143
FAX (804) 225-4261
Hugh C. Miller, Director
Mr. and Mrs. Robert Ranlet
The Rectory
Keene, V A 22946
>"-1 j(~
.~- .)' ,~\
'.. i,:~l
RE: THE RECTORY, Albemarle County (DHR 02-1831)
Dear Mr. and Mrs. Ranlet:
On behalf of the Commonwealth, it gives me great pleasure to inform you that the
state Board of Historic Resources has placed The Rectory on the Virginia Landmarks
Register and has endorsed its being nominated to the National Register of Historic Places.
We will be forwarding the nomination to the National Park Service following final review by
Department staff.
The Virginia Landmarks Register was established by an act of the General Assembly
in 1966 and includes "the buildings, structures, and sites which are of statewide or national
significance." It is our judgment that The Rectory richly deserves this official recognition as
one of the Commonwealth's historic resources.
The National Register of Historic Places is maintained by the National Park Service
of the Department of the Interior. I am hopeful that the Keeper of the National Register will
approve our nomination and place The Rectory on this official list of the nation's historic
places.
The protection of registered Virginia landmarks is of immediate concern to this office.
It is our hope that you will let us know if we can be of any assistance in the preservation of
this property. Many times our staff can offer advice to owners who contemplate alterations
or renovations of their properties, and we welcome the opportunity to serve.
Sincerely,
};;t ~i}tJW
Director
Enclosure
'4.
Distributed to Buard: FJ..3~~
Agenda Item No. [Ii. M 04. 5.:,:1__
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
.;
August 22, 1991
Nicholas E. Munger
P. O. BoX 187
Crozet, VA 22932
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1
Tax Map 26, Parcel 27C (Herbert and Ruby Sipe)
Dear Mr. Munger:
The County Attorney and I have reviewed the chain of title you
have submitted for the above-noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consists of two (2) separate parcels: one parcel of
0.5 acre, and another of 2.0 acres, both of which lie on opposite
sides of a 20 foot private road off Route 673. Each of these
lawfully separate parcels is entitled to a building permit,
subject to routine requirements. In order to obtain the required
septic area, some redesign or additional acreage for the smaller
parcel, may be necessary.
This determination considered the descriptive clauses of the deed,
which delineate and enumerate the property as consisting of two
(2) parcels of land. This consideration is based on the findings
of the Va. Supreme Court in the case, Faison v. Union Camp 224 VA
54.
The most recent deed of record as of the date of adoption of the
Zoning Ordinance is found in Deed Book 318, Page 61. It is dated
April 6, 1955 from Sipe (parents) to Hubert Sipe (son). This deed
describes the following parcels:
1. That certian parcel of land containing approximately 1/2 of an
acre on the northern margin of the private road; and
2. Tract of land containing approximately 2 areas - on the
southern margin of the private road.
t...r.
August 22, 1991
Nicholas Munger
Page 2
Anyone aggrieved by this decision may file a written appeal within
thirty (3D) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
a~ ~liVl ,~~~~
~e~ M.v Patterson
zoning Administrator
AMP/sp
cc: Jan Sprinkle
Gay Carver
~stelle Neher, Clerk to Board of Supervisors
Roger Ray
P;~!,,;\- lIh,., t" QO' '''fri' 3 J"2o J c, I
.'!..',~I ~R);.J!,,""'~ ~U U <.A .....' _.U:sL::..../~_
Agenda Item No. ~ I. 09..Q!~~:2""
I .
August 26, 1991
COUNTY OF ALBEMARLE
Department of Zoning .\ ;'.1'
401 Mcintire Road " . \ l.',
Charlottesville, Virginia 22901-4596',:~~ (('~,_llr\=\' \'~\\',
(804) 296-5875 '. ' '. \\ ; \
\ 1991 \ \ ;.
':,', j\\\(' .I' \\
\ \ \\ i, ,.'" . .<.,,-"-_.,.... \ \-\-;~ ...' ~ ~
, '\\\-n..i,' '''l U ..
\ '.\.:' ,-' ." ,
:', t~;:\
Edward G. Williams
Rt 2, Box 19
Keswick, VA 22947
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1
Tax Map 80, Parcel 8D
Dear Mr. Williams:
The County Attorney and I have reviewed the chain of title you
have submitted for the above-noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consists of two (2) separate parcels: lot #lA(a)
and lot #lA(b).
This determination considered the descriptive clauses of the deed,
which delineate and enumerate the property as consisting of two
(2) lots or parcels. This consideration is based on the findings
of the Va. Supreme Court in the case, Faison v. Union Camp 224 VA
54.
The most recent deed of record as of the date of adoption of the
Zoning Ordinance is found in Deed Book 578, Page 106. It is dated
July 9, 1975 from Vallons to Williams. This deed describes the
following parcels with the "Keswick Estates:"
1. Lot 1A(a) fronting on Club Drive containing 1.39 acres; and
2. Lot 1A(b) adjoining the first lot and containing 0.38 acre.
'..
August 26, 1991
Edward G. Williams
Page 2
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
~ n),~~
Amelia M. Patterson
Zoning Administrator
AMP/sp
cc: Jan Sprinkle
Gay Carver
Estelle Neher, Clerk to Board of Supervisors
Reading Files
r';,'-"r;'u',u'::>,j to' Board' ::sJZ>c1q /
t~\,'Ii.', \'",lh . ..:.;;J...'S'rO_l-o.._--
fJ,genda Item No. qJ. {/to1.~_9# ~-
l ;-
,
COMMONWEALTH of VIRGINiA
,~_ \ 1:-.
RAY D. PETHTEL
COMMISSIONER
DEPARTMENT OF TRANSPORTATION
P. O. BOX 2013
CHARLOTIESVILLE, 22902
D. S. ROOSEVELT
RESIDENT ENGINEER
August 23, 1991
1991-92 Revenue Sharing
Albemarle County
Miss Lettie E. Neher, Clerk
Board of Supervisors
County Office Building
401 McIntire Road
Charlottesville, VA 22901
Dear Miss Neher:
At the meeting on July 18, 1991, the Commonwealth Transportation Board
formally adopted a resolution approving the projects and amounts requested by
Albemarle County for revenue sharing in fiscal year 1991-92. These were:
0660-002-187, C501, B644, C502
BI 0692-5301
BI 0729-5302
$360,000
$ 44,450
$ 30,750
These funds will be matched by state funds for the same amounts. The
Department has begun the process of requesting the County to be billed for their
share of these three items.
Yours truly,
'd- 0. . ti~
J. A. Echols
Assistant Resident Engineer
JAE/smk
ec: R. V. Tucker, Jr.
V. V. Cilimberg
T. F. Farley
MaryBeth Kirkland
TRANSPORTATION FOR THE 21 ST CENTURY
DATE
AGENDA ITEM NO.
AGENDA ITEM NAME
DEFERRED UNTIL
~;rJ~4) 1<11)
5../3
Jd;~l"t-L 2)~1;;;,~l/Y7C ~.r;t/~-i ht2j'1l~Ut.,;(f
f
~~ /1, !'iCj I
.J
Form.3
7/25/86
-<
....
z
....
c.:l
~
....
:>
r..
o
=
~
-<
~
~
z
o
:a
:a
o
u
USIl9l0.0;l>ll)
I~'."
Cr;::
1-- ~~
Cl~ I:.~) t-~..
.,.-t I:J.~
I..~J I~~w ...-t
L)""",..U
l..U::::J!:..:.
c.t:; :::C~ ::~~
.....J-
.::rL:Jt:::J
ro.,.. I-~.t
(..:1 I.J.J I..1J
....... .~_J r.:::t
I..L..I:r:
L,L., 1:'.):
t:::'J x::
UJ
""
._,J
"l:.
<:;:.
C-", ';TJ
Ct-
l:l..J ..::1'
.:=-..:o ,..-.
-::::. '::1:
,._,
'.:::;.
0" 0" ',-,'
qi
'..-'
i:;: -'-" ;~ :::::
....... Cr.. C;t.;;:-.. .::=..
LLJ too,." ':.:::' l~_)"-" .:::-..
r_:1 :;e:
I.J.J LLJ .... .... ...
ec:: :1:.':: ~~ >" 1-"
~~~:~~~
_..J :~::~ ;.5 t5 L.I...
..."1 ::.:~ ~~ ~~ CL" C:,
I;"r) 1..1..
0-
:~~.... ........
:;:~!:;: ~~;j
cr'w
Cc::: r:
._J;::.... 2:
r.....J <:1': LLJ .......C:J
I:'r) 0." r.,!:) 1-"
,:,",:;' '::1:;::.e:"'-"
'.. I:L..::;'C[:
2~ t-1 I::J
.... '::J: .::;0 I""" Cl..
~..:;;z:: L:J
:7~ ...-.. L.&.J.::J:;
::::::J ,:::~ (J)
C::lI:[:. UJ
c'.J C:::J ..."1...-
C.:J .:;r.:
I~ 'f. ....'HUU
l._Ll ~~ rJ)'z::a:
~~~ ~~~ g ::E :>. g
~..::: 1-. t:X~ CJ... :::~ ~ cri
I:'r] .::..:. ..........-1
....'rJ w'JI.J.J :it:.1:flto
::: ;ft~ c;; :it ~~~ Con
.... ':::1:: ~:11:'~ ~ ~
L.lJ .,.. .:.::. --' t-.. (.r:J
~;~S~~~ot:x:~r
"-"L:c::t;;t":U::::I::J:.~CL..
0:::.>
,.....
UJ
,=:,
.:::;:. ::Z~~
,.....,
~"'
.,x:
&:::::.a
...~..
Ct..
'~~" 1:.r;1 I~L..I LlJ ':.0 L.I... ~
co I:L_ ::;::: ::c I:fJ I:::, W z
.::: :;;,;; ~ ~ ~ ~~ ~;::
0'-- ....w.J t:::..~C._i.._
.:::;. Cc: ::F.:: l:r:: LJ.J Q LI,J I:""
I.J.J::::l '::3 LLJ <J: ::~.. ""-1
..........Q::;.......t-'. ,..... I:C
I.J.J ::r:: I-~ :~ :;E: t:.:-""l LLJ t-J
1- (.I') UJ '::)::: ..,:x: ::r '-..l I;.r,l
n:;C<t.:z:~"o<::r:Lt..l !..LA
~:t C:t I-of Ui c.n ct:; I::'::"
CL.
"'x:
:m:::
'~..'
'-~"
"i~
Lll
:;;';~5~;
1::)1;...)_..
~.,
1"'."
':L..
~~ ~ :2~
UJO-(1,J
.::.):: -
',-'
<:;.
...............-
..-. CLJ :;~: .......
(.":)LL..
1_"Joo~
'....Ma:t:::m
<X: r..~J ~
IX: U) LU
J..LJL.LJL.t.J
.::~C.l~
-
l;.nl.lJ
5:5;5
LMl t:....J.:n
1::"-:' .;::;. <:;. .~:;..;::;.
........ .::::. ":::;0 .~::::. 0.:::;0
"1; .
c... ..,.~.. t:'rJ t'l':1
~..
~l..
~,
L~.t:
I:"'Ju.-
I:.rJ_J
WU)
~:::. ::::0.
=
po"",,!-:
.:;:r..:tt:
.:;::, CL... 0;::1:
UJ
0:: ,.._.I.J.J
I..lJ:~W
:=.. ;:""J ~
~o.:::]..
~~5
.....J _..J ._J
':::C.::r..:::r
....... !-.. ...--
l-:.:1 I;:::,) C:;-J
.....~ t-~~ l--
;;'1::
1:;::1
.._J
_J
r.r.
;:1::
<.,.,
.:t:
'<:1.:
;r.
r'~J
~Q
_.J
UJ
::1::-
r'..,rJ
I~~M
0::
:::.1
'::::-
(....)
LL.
r.::'.1
:::11::
ct:
LLJ
_.~
L)'
iO
<Xl
~
e:'
U
o
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
,JaC~. Jouell
Edward H Baln. Jr
Samut:'] Miller
David P Bowerman
Charlottesville
Walter F Perkins
White Hall
Peter T Way
Scottsvilli:'
September 10, 1991
Mr. George H. Gilliam
Paxson, Smith, Gilliam & Scott
Post Office Box 2737
Charlottesville, VA 22902
Dear Mr. Gilliam:
Upon receipt of the $13.00 fee to file the attached ordinance with the
Clerk of the Circuit Court, I will file the ordinance. The check needs to be
made payable to Shelby J. Marshall, Clerk.
Should you have any questions, please advise.
#.~%~
Lettie E. Neher, Clerk, CMC
Board of County Supervisors
LEH:bh
Attachment
AN ORDINANCE TO VACATE A PORTION OF A CERTAIN
PLAT OF A PORTION OF PHASE 1 - SECTION 1, MILL
CREEK P.U.D.; THIS PROPERTY IS SHOWN ON A PLAT
RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN DEED BOOK 944, PAGE 695.
WHEREAS, a certain tract or parcel of land lying in Albemarle
County has been heretofore subdivided under the name of Mill Creek
P.U.D., a plat of a portion of which is of record in the Office of
the Clerk of the Circuit Court of Albemarle County, Virginia, in
Deed Book 944, page 695; and
WHEREAS, Craig Builders of Albemarle, Inc. ("Craig") is the
owner of lots 36, 37, 38 and 39 shown on said plat; and
WHEREAS, said four lots have been joined with Parcel G1, shown
on a plat dated April 13, 1988, of record in aforesaid Clerk's
Office in Deed Book 1002, page 719, and the said Craig has peti-
tioned the Board of County Supervisors of Albemarle County that the
said plat of record in Deed Book 944, page 695, be vacated insofar
as it affects the aforementioned lots 36, 37, 38, and 39;
NOW, THEREFORE, be it ordained by the Board of County Supervi-
sors of Albemarle County, Virginia, as follows:
1. That the subdivision of Phase 1, Section 1, Mill Creek
P.U.D., shown on the plat recorded in the said Clerk's Office in
Deed Book 944, page 695, be, and the same hereby is, vacated as to
'that portion of the said subdivision shown on the said plat as lots
36, 37, 38 and 39, of the said Phase 1, Section 1;
2. That the vacation set forth in Section 1 of this ordi-
nance shall in no way vacate any other street, road, right of way
or lot duly platted and recorded on the aforementioned plat;
3. That the clerk of the Board shall cause a certified copy
hereof to be recorded in the said Clerk's Office to be indexed in
the name of Craig Builders of America, Inc.;
4. That this ordinance shall be effective upon adoption.
* * * * *
I, Lettie E. Neher, do hereby certify that the foregoing
writing is a true, correct copy of an ordinance, unanimously
adopted by the Board of Supervisors of Albemarle County, Virginia,
at a regular meeting held on September 4, 1991.
~.~~
Clerk, Board of County Supervisors
'" r-'"
~'..;
LAW OFFICES
~
PAXSON, SMITH, GILLIAM & SCOTT
A PROFESSIONAL CORPORATION
POST OFFICE BOX 2737
CHARLOTTESVILLE, VIRGINIA 22902
L
418 EAST WATER STREET
(804) 296-2161
FAX (804) 293-2073
3;
July 12, 1991
HAND DELIVERY
The Honorable Lettie Neher
Clerk
Board of County Supervisors
County of Albemarle
County Office Building
McIntire Road
Charlottesville, VA 22901
Dear Lettie:
As you requested, I enclose a copy of the ordinance to
vacate a portion of Phase 1 - section 1 at Mill Creek.
Would you please ask that this item be put on the
agenda for the next meeting of the Board of County supervisors, and
then let me know where it is on the agenda.
Thanks for your assistance on this matter.
Sincerely,
~/4w
George H. Gilliam
Enclosure
cc: S. Daley Craig, Jr.
AN ORDINANCE TO VACATE A PORTION OF A CERTAIN
PLAT OF A PORTION OF PHASE 1 - SECTION 1, MILL
CREEK P.U.D.; THIS PROPERTY IS SHOWN ON A PLAT
RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN DEED BOOK 944, PAGE 695.
WHEREAS, a certain tract or parcel of land lying in Albemarle
County has been heretofore subdivided under the name of Mill Creek
P.U.D., a plat of a portion of which is of record in the Office of
the Clerk of the Circuit Court of Albemarle County, Virginia, in
Deed Book 944, page 695; and
WHEREAS, craig Builders of Albemarle, Inc. ("Craig") is the
owner of lots 36, 37, 38 and 39 shown on said plat; and
WHEREAS, said four lots have been joined with Parcel Gl, shown
on a plat dated April 13, 1988, of record in aforesaid Clerk's
Office in Deed Book 1002, page 719, and the said Craig has
petitioned the Board of County Supervisors of Albemarle County that
the said plat of record in Deed Book 944, page 695, be vacated
insofar as it affects the aforementioned lots 36, 37, 38 and 39;
NOW, THEREFORE, be it ordained by the Board of County
Supervisors of Albemarle County, Virginia, as follows:
1. That the subdivision of Phase 1, section 1, Mill Creek
P.U.D., shown on the plat recorded in the said Clerk's Office in
Deed Book 944, page 695, be, and the same hereby is, vacated as to
that portion of the said subdivision shown on the said plat as lots
36, 37, 38 and 39, of the said Phase 1, section 1;
2. That the vacation set forth in Section 1 of this
ordinance shall in no way vacate any other street, road, right of
way or lot duly platted and recorded on the aforementioned plat;
3. That the clerk of the Board shall cause a certified copy
hereof to be recorded in the said Clerk's Office to be indexed in
the name of Craig Builders of Albemarle, Inc.;
4. That this ordinance shall be effective upon adoption.
* * * * *
I, Lettie E. Neper,. do hereby certify that the foregoing writing is a true,
cOrTect copy of an Ordinance, unanimously adopted by the Board of Supervisors
of Albemarle County, Virginia, at a regular meeting held on September 4, 1991.
Clerk, Board of County Supervisors
2
Edward H, Bain, Jr.
Samuel Miller
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22901-4596
(804) 296-5843 FAX (804) 979-1281
July 26, 1991
Charlotte Y Humphris
Jack Jouett
David P. Bowerman
Charlottesville
Walter F. Perkins
While Hall
FR. (Rick) Bowie
Rivanna
Peter T. Way
Scottsville
To The Property Owners Addressed:
The Albemarle County Board of Supervisors will conduct a
public hearing on August 21, 1991, at 7:00 p.m., in Meeting Room 7,
County Office Building, 401 McIntire Road, Charlottesville,
Virginia, on an ordinance to vacate a portion of a certain plat of
a portion of Phase 1 - Section 1, Mill Creek PUD. This property is
shown on a plat recorded in the Office of the Clerk of the Circuit
Court in Deed Book 944, Page 695.
Since you are one of the adjoining property owners to this
road, you are invited to attend the Board meeting to express your
views. If additional information is needed, please contact the
Clerk of the Board of Supervisors, Fourth Floor, County Office
Building, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday.
7?'~
L. E. Ne~~lerk, CMC
LEN:ec
Enclosure: Ordinance
cc: Dolores L. Adcock
Albemarle County Service Authority
Edward J. Allen
Jack W. or Norma B. Anderson
John S. or Virginia L. Anderson
Elliott C. Ardrey
Charles S. Armstrong or Mary Lee & Michael S. Armstrong
Nancy M. Armstrong
Glen E. or Laurie L. Aylor
Judith A. Benter
Richard Berdel or Mable Kinzie
Heidi Berthoud
Louis F. or Jeanette M. Besio or Melanie A. Besio
(copies continued - page 2)
Theodore J., Jr. or Glenda D. Bittner
Julia A. Bliley
Michael D. or Karen L. Bobbitt
James M. or Brooke A. Boland
Raymond R. Botzler or Vicky L. Byrd
Albert E. or Eileen E. Bracuti
Wesley B. or Sandra T. Breeden
Maurice L. or Frances M. Brittingham
Laurence R. or Nellie R. Brown
William M. or Kim E. Brown
Robert I. or Sarah V. Buchanan
James E. or Mary H. Bunn
Scott W. or Elizabeth V. M. Campbell
Monty C. or Yolanda I. Carpenter
Robert B. Cathcart
Margaret L. Chandler
James B. Christopher or Nancy Santilli
Stephen R. or Colleen W. Church
Charles J. or Helen M. Ciaccio
Tod J. or Nancy D. Cohen
Judith Nettles or David S. Cole
Kevin W. or Tracy L. Combs
Mark S. or Jacqueline S. Conner
Michael J. Cordell
Craig Builders of Albemarle, Inc.
Leah J. Cribb or William Herschel Cribb
Andrew J. Cutler or Gregory A. Helm
James M. or Jane E. Darin
Michael P. Davis
Richard N. or Kathleen H. Day
Philip or Jill Diamond
James Michael Diggs or Nancy Ann Dewitt
Julien K. or Susan A. Dilks
Salvatore Dimercurio or Jean Roher
Clarence Milton Dunlap, III, or Annemarie Clemente
Thomas H. Dunlap
Robert K. or Lee Ann Dunnenberger
William S. Dunnington
Earlysville Commons Land Trust
Elmer Haynes Earnhardt or Christine U. Miller
David E. or Cheryl P. Eklund
Brian H. Ellerbee
Kimberly Neil Evans
Tammy A. or Bradford L. Felker
Michael S. Fenster or Della J. Dumbaugh
Rosela Te Eng Fo
John R. Freeman or Jennifer A. White
Russell G. Gallop or Susan Greer Harris
Fred L. or Lisa R. Garber
Samuel W. Garber
Emilie P. or Philip C. Giles
Richard W. or Judith G. Gillings
David B. or Anne W. Golladay
Frank W. or Katherine G. Gordon
(copies continued - page 3)
Gregory D. Gordon
Andrew J. or Suzanne E. Gorman
William B. Jr., or Joy K. Greear
Michael A. or Patty J. Green
Joseph J. or Donna Lee Grossman
Eleanor Jane Guarini
Gabrielle Hall
David B. Hamer
Delores C. Harris
Andrea P. Harton
Phillip E. or Anne H Hawkins
William F. or Beth A. Heapes
John D., Jr. or Sylvia S. Hendrix
John E. Hermsmeir or Kimberly P. Blaze
Robert A. Dolores B. Heuer
Arthur Lee Hill, Jr. or Joan Shaver
Gary M. or Donna B. Hollins
Nathan H. & Barbara R. Holman
Mark J. or Ai-Xuan Le Holterman
Richard G. or Deborah A. Hooper
Timothy Edward or Cynthia Lee Houchins
Mark W. Hutchison
Hideo or Ruth Okuye Ihara or Naomi Lynn Ihara
Lawrence D. Jacksina or Mary F. Toscani
Lloyd A. or Barbara N. Jacobs
Wade A. or Anne D. Jacobson
Josephe W. or Janet L. Janosko
Gregory M. Johnson & Karri A. Powers
John J., Jr. or Cynthia J. Johnson
Jeffrey E. or Lisa B. Jones
Mark S. Jordan
Walter P., III or Marcella F. Jost
Keith or Carol P. Kalinkewicz
Henry C. or Bobbie S. Keith
John C. or Darlene M. Kennedy
Marie E. Kennedy
Sat Bir Singh Khalsa or Siri Krishna Kaur
James A. or Cathy M. Kirby
John Klein
Joseph H. Kober
C. Kent or Sharon D. Kunkel
Paul A. Kyriacopoulos or Kelly R. Schwarz
Brian P. or Ann W. Lambert
Guido L. Lamonaca
George C., III or Laura J. Landrith
Henry P., Jr. or Mary Beth Lane or Nettie B. Spencer
Robert A. or Mary R. Leadbetter
Willaim J. or Darci G. Lieb
C. Farrell Long, Jr.
William B. or Paige H. Looney
Janet E. Macleod or Bruce Macleod
Mark S. or Denise C. Madison
Peter or Susan E. Mantell
Debra Woodward Marshall
(copies continued - page 4)
Michael Lewis Marshall or Tonyia Camp
Brooke Austin Martic
Nathan L. or Sandra L. Martin
John H. or Margaret P. Mason
Donald L. or Mary T. Matton
David W. or Jennifer T. McAden
Jerry P. or Donna B. McCarthy
Dale A. or Janet S. McConnaughay
Gary L. or Kitty C. McCormick
Christopher D. McKinney & Linda M. Williams
Stephen L. McKinney or Lynda S. Mosen
David P. or Laura L. McLaughlin
Ann A. McLean
patricia R. McNamee
Gregg D. McWilliams or Mary C. Mikowski
Patricia A. Mete
Robert John Mete
James o. or Janet F. Middlemas
Victoria S. Mikula
Mill Creek Commercial Land Trust
George W. or Nancy C. Miller
Jane Miller
Joseph Miller or Anne Johnson
Nathan A. or Lisa R. Miller
Ray R. Mishler or patricia L. Smith
Hosea L. Mitchell
Robert J. or Anneliese Mulquinn
Robert A., Jr. or Lisa S. Nelson
Peter S. or Kristin K. Onuf
David T. Osgood or Amy L Hester-Osgood
Viesture or Carole F. Osvalds
Zenta Osvalds
N. Andrew Overstreet
Donald C. Or Kathy A. Parks
Donna E. Peale or Marjorie G. Lee
Lester G. or Clare R. Pittman
Willa S. Powell
Robert A. or Kathy L. Ramsay
Reynovia Land Trust
Dean L. Riddick or Deborah A. McManus
Clifford E. or Margaret T. Riso
John S. Robertson or Diane M. Dale
Karla Robinson
Marc E. or Jeannine S. Rouleau
Mark T. Ryan
Denny G. or Karen A. Ryman
Mark P. or Barbara A. Sanford
Larry B. or Rhonda F. Saunders
Jeffrey R. or Cheryl L. Schnelle
John A., III or Diana P. Seaman
Cameron J. Sears or Nancy E. Duckless
George K. Seitz or Brigette Renate
Richard A. Severin
Ruth E. Shank & Beverly Shank
(copies continued - page 5)
William J. Sherrard
Alan R. Shook or Deborah M. Mills
Anne Skewes
Robert R. or Ann M. or Steven Smalley
Simon J. or Catherine L. Stapleton
Robert B. or Dorothy C. Stephens
Charlene J. or Andrew J. Sterling
Michael W. or Gloria A. Sterling
Gerald A. Strand or Elaine R. Levesque
Jo-ellen Strickland
Scott M. Stroney or Brian E. Crawford
John P. or Dona R. Tarpey
Marc A. or Leah T. Taylor
Bryan E. Thomas
William H. or Teresa M. Thompson
Robert J. or Belinda Trainor, Jr.
John V. or Sue D. Von Dohlen
Daniel A. G. or Alison E. S. Walden
Barbara A. Walker
James R. Walsh or Kealie A. Vass
Jeffrey B. or Mary Elise Warren
Eunice L. Watson
Mark E. Weber or Cynthia W. Dalsing
Mark D. Whittle
James Randall Wickham or Christina Erb
Josephine K. Williams
Julie Marie Willis or Beth A. Shoemaker
Brian K. Wilson or Natalie A. Beachy
Linwood Dale or Candace M. Wood
Lizbeth L. Young
Donna M. Zerbato
Roland L. or Phyllis C. Zimmerman
Gary Hollins
Distributed to Board: 1- ::J, 9/jJ j. 3:J~ 7/
Agenda Item No. q/, r?7/()! I~{
,........~
COUNTY OF ALBEMARLE r
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5823
MEMORANDUM
FROM:
Albemarle County Board of Supervisors d
V. Wayne Cilimberg, Director of Planning ~"
and Community Development UU~
TO:
DATE:
July 1, 1991
RE:
Vacation of a Portion of Plat of Subdivision of
Mill Creek PUD
Attached is a copy of correspondence to the Board of
Supervisors from George Gilliam regarding plats in the Mill
Creek P.U.D. All plats were correctly approved by the
County. However, because the original Lots 36-39 of Phase
I, section I existed under a homeowner's association, the
homeowners in Phase I, section I have an interest in those
lots and their disposition. Those lots were effectively
eliminated when they were combined with Parcel G1 in July,
1988. However, other lots in Phase I, section I had been
sold at that time. Therefore, the State Code, under section
15.1-482, requires Lots 36-39 be vacated. Two options exist
for the owner to accomplish this. The first would require
an "instrument in writing agreeing to the vacation signed by
all the owners of lots shown on the plat and also signed on
behalf of the governing body". The second, which as been
chosen by the owner, allows such vacation to occur by
ordinance of the governing body.
Staff supports the requested vacation as being consistent
with past County action regarding the subject parcels.
Staff recommends the Board of Supervisors proceed to public
hearing to vacate Phase I, section I, Lots 36-39. Mr.
Gilliam has been requested to draft the appropriate
ordinance to accomplish this action.
VWCjjcw
cc: George Gilliam
Di5tributed tc Board:
LAW OFFICES
ltnm No.
PAXSON, SMITH, GILLIAM & SCOTT
A PROFESSIONAL CORPORATION
POST OFFICE BOX 2737
CHARLOTTESVILLE, VIRGINIA 22902
~, '.~-
, " " '1 f "
I : \ ,~ ~
418 EAST WATER STREET
(804) 296-2161
FAX (804) 293-2073
, "
"
~..,J
,
!:
June 26, 1991
'- ,', ,.,~ .:~{ S
HAND DELIVERY
The Honorable Rick Bowie
Chairman
Board of County Supervisors
County of Albemarle
County Office Building
McIntire Road
Charlottesville, Virginia
Re: Vacation of a Portion of Plat of
Subdivision of Mill Creek P.D.D., Phase 1 -
Section 1
Dear Mr. Chairman:
The referenced plat, dated October 6, 1986, last revised June
4, 1987, was approved by the Board in 1987 and recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia
in Deed Book 944, page 695. The plat shows, among other things,
four lots on the south side of Mill Creek Drive, numbered 36,37,38
and 39. Those lots were shown as single family lots. A copy of the
relevant portion of the plat is attached as Exhibit A. Virtually
every lot in Phase I - section 1 of Mill Creek has been sold;
however, lots 36-39 (inclusive) have not been sold as a part of
that section.
In 1988, by Plat dated April 13, 1988 and recorded in Deed
Book 1002, page 719, a copy of which is attached as Exhibit B, Lots
36, 37, 38 and 39 were combined with other property on the south
side of Mill Creek Drive, to form parcel G1. At the time of such
combination, the four lots -- 36, 37, 38 and 39 -- should have been
vacated off of the plat of Phase I, section 1, but were not.
The developer is now building "village Homes" in the area
south of Mill Creek Drive. The Village Homes area comprises multi-
family housing and the lot configuration is different from that of
single family homes. A portion of "old" lots 36-39 is now
traversed by new Creekside Drive and another portion now is in
Village Home lots. The Village Homes at Mill Creek subdivision
plan has received all necessary approvals, and plats showing
certain of the Village Homes lots have now been recorded. A portion
PAXSON, SMITH, GILLIAM & SCOTT, P. C
June 26, 1991
The Honorable Rick Bowie
of a plat dated May 13, 1991 showing open space and easements for
the proposed Village Homes lots is also attached, as Exhibit C.
To complete what should have been done in 1988 when the parcel
G1 plat was approved, it is necessary to vacate that portion of the
1986-87 plat showing "old" Lots 36, 37, 38 and 39. The practical
effect of this plat vacation would be to remove those four lots
from Phase I - Section 1 of Mill Creek. By virtue of the subsequent
plats, the land which makes up those four lots will become part of
the Village Homes area.
I have discussed this with Mr. Cilimberg, and we agree that
the procedure provided by ~15.1-482(b) of the Code of Virginia for
vacation of a portion of a plat after certain of the lots shown
thereon have been sold is the appropriate procedure.
As provided by the cited statutory provision, I request that
this request for a partial vacation of the Phase I - Section 1 plat
be placed on your agenda, and that notice as required by ~15.1-431
of the Code be given.
Please let me know if any additional information is required.
Thank you.
Sincerely,
~ H. Gilliam
Enclosures.
cc: Mr. Wayne Cilimberg (wlenc)
Mr. Hunter Craig (wlo enc)
.3
2
~
8
H
H
::r:
~
rLl
I
I
\
\
.-----.-
...
~
..
:roo'"
0......
~{ ~
~ '"
'-.
~
::0
~-
",,,
.....
o
II:
~:
~:
......
5~
1-'"
;~ f
'-..~
,
.'
I
gO
/
. I
/
/
I
/
/
/
/
/
jgy////J
~ :
:; e
. .
o ..
'" 0
....
I&.I!:::
...
...J'
1&.1-
0'"
(t0l
q:'
^ CD
....ci
@
I:"'
10 '"
~ ~
I e~
I ::.
I ....
I ~8
/
:'"
';"-,
\
\
I
,
,
I
I
Lu
~
o
f-
\~
\'t
\ ~
\~
\
\
\
,
,
I
I
~"
--
....,' ....
..............
.....
,
\
I
I
I
I
I ..
I "l
I o"'~
.0'
I ~.,
I"
"
/
I
,
\ .
\ I
, ./
'--.....,
.
~~
, II: III
'I'
I ~...
I Q. Q
~'
",,,
...:>
u
-.\
.......... HI 77 - /10 ./
DB 852 - 576
C"
13)
:A~
&~
....
'"
....
'"
CIl
....
o
'"
T M 90' 36A
/" DB. 866 -2'~
l;;
...
:r:
'"
\
\
\ \>-~
~'...
u~
, ~A.s>.
, o-()
~-
-....
......
H!
..",
'<(
. ~ /?
~
,'"
.~
c,,,
~;)
!IJ'
~~
0)
~~.
o'
(O,....,....ro~
<:O<:O~~.
~m~l\Iq-
00..:..",,,,<0
::i:-:........
QlU::>::>::>:>
I-lUlUlUlU
~~Q:Q:Q:Q:
lU
ct.
ug
-.1-
-,.11
i~
~
oq:
u
(f)
.... 't '" 0 '" .. 0- 0 It)
III It) .. 0 Ol 0 '" III I 0
... '" ..: 't It) - Ol '" ~ I 0
0 Ol ~ .... ~ .. ., '"
'" '"
- - .- - t- - - f--
.. ... Ol (L'" '" '" '" !' 0 ~
'" Ol III cr. '" It) III III It)
... III 0 0 't '" .. 0 Ol '" Ol
It) ~ 't ... .. Ol III 't ... .. ..
., '" '" ::: '" .. ....
_. -- u_. __
... 8 0 8 8 ~ 0 .... 8 0 0
.. 0 0 .. 0 0
II: .. 0 ... ... 0 ~ It) .. ... ., ...
0 Cl:l .. .... 0 0 't ... on '"
.... .... .... '" .... ... .. ....
. .- -
., '0 ~ .... 't
.... ,.... '0
'III '0 '0 ... .... '0 '0
'" .. 8 III 0
q 't 't 't 0 0 '" ~ 0 .... ....
0 0 0 0 0 . 0 0 0 0 .
'" Cl:l '" 0 Cl:l ~ ~ Ol .. Ol Ol
'" '" .... Ol .. 't '" ... ...
- t-
o - '" .... .. It) '" .. Cl:l Ol !;? ::
?
CQ
E-i
H
CQ
H
:r:
x
~
~
~ft ~~g ~8~~ P~q;
~~~~ f~!; ~~~~ ~~t~
~:il~~ MI i1 U~.,. .lUll'
U~l! ~.~ @) ~
<:)
. ~15(1 ~
I i ;m ~
.. ~ ~ ~~ "~ru~ !
n qR ~ l;l~1 h
~ iwJ ~b mit f. ~~
.. ~~;: B~iI:! ....~n i ~~
.. ~ ~~~ ~h~ Hi~~~g ~ ~,
.. ~ . .. u "'.
i:'.. I.
i'
~ i Q~
1- ~ I
wi u
h
###
#,#
#,
,...
/' C) (\I
'" C),
",,' I U
U.Jol
Ow
OlUcn
.o::g
~t( ,
'll..O
I-
~
WI
II!
~
IE
Q
OO'O~I
]..ZZ.tZ.I~S
(\I
v-
I'-
~
. !
iff
w
!5
1
w
-.J
~
~
C)_
I C) ,
u
U.Jol
o WID
Ol U,...
0:
'ctltl
~ll..""
I-
..:,
0:,
~
~
i
.....
...
..:
(I)
c
.','
11
Ol CD
ft'l CD
.. ~
CD _.
~ ~ V
ft'l. ii: ct ..
tD I-zw
ft'l !affil-
... Qj~
~9 :;J. ..
~.. .~i2w>- '"
- C)W I- Zi
~-WI-z !
oC).JO:!a::::l 3..
J:(I)wuC)o ... ~
(I) ..J U .J ct U 15
'I- ~ ~ d ~ W
ctO::ll..~w.J.
~ll..ctLLo ~~g
>~-
Z (l)W.
Q ::~i..
!a oct..
~ U W.
o (I) .J
W ct
0:: U
ct (f)
o $':
gSl~~~~~1I
1l1F:~~;", .
~ hd~~~~ t
.. Ei&Uen
i
A""\
''I 1 ;
_-J I"
,i------ ~I ~
, ~ Ii
I 1- .
I f,I ti
'I 'I r-'"'-", 1
I I ,-I
I
I, I
J<_---~
a
f " I
.. Jtl ~
',Ii ~I'~
~ -II i
~ r 1}-4
Sill!
I I ~ .~.r t.;
~
N
1'1
..
=
~..;
'.J
.;~
ie
~i
''"\----------<>--
. \
I
~
U
E-i
Hr-i
t:Q
H~
:I:t!J
X.:x:
~P-l
~
'*
'*
c;:.
ll\
o
ul
~
~
Q
~
l>
t-
Z
t- W
Z ~
t- W W
Z ~ en
w w ~
~ en
w <t w
en w \!I
<t W <t
W I !~
!
2 2 \!Iv
~ m i~
w~
; II " 0
"
ii "
II 1\
l'!lO.OO
A'I~''''
).~ I ~'t.~~18\t I
Pllr.S \.. c"tty.
\'AI\..
\
III
lD
'It
Gl
lICm
Wi
w~
0:1
ulO
...I"
.JW
-I-
:::E<t
1-0
<t
(J)"
wO
:::EIO
o II
J::
w::
(!)
<tW
...1...1
.J<t
-u
>(J)
-1:..
'C.~ 'It
)~ ~
N
I-
W
w
ill
3911NIVllO ,QZ
.
.J
~Oi
WI
lJJ !2
C) 0::1
ulO
8 .J~
HN dl-
CQ ~<t
HrLl 1-0
:I::t9 <t ~
Xl<X; (f).
rLlt:4 wO Cl
~lO ~
o .
J:.
::...
w..
C)w
<t.J
.J<t
du
>(f)
~ ~
I- hI W
~ III ~
~ ~ III
W W <l
~ Cl W
Wl7l ~lD ~
W;::: <l~ Cl
t: II: Iii
(/)10.
~l::O~~~ 0 0
1-_ 1-01 '" N N
~aj ~aj ~ ~ ~
we we z z z
~ ~ I:\\I rm rID
~ ~ ::;:;: lilllill
ffil
~ ~
III W
~ ~
ffi ~
~ ~
III 0
)
~.
"
466
'2,4 ~
0.9.9
,
,
/ ,,~-l~
,
,
...,J
sI
~
o
.,.
l~
w I~
e I~
~ I~
I~
I~
~.t I ffi
<tv I-
Q.etl<l
(f) "" ~
N .
ffi \D !!l
Q.O
ON
/
"
lD
o
.t
01
,..
~
b
.,.
iD
I'l
Co
I'l
III
lIJ
~
~
\L,~
C;~
.,
...
o
.,.
I-
W
w
1:
III
N
V
I'-
...:
0::
...:
(f)
DEFERRED UNTIL
~~~d 4 Y-!\
I
-S:P-- 9/.00;).).4-& 1
($~ P t1ilnuLJ ~ S p- q 1-' d.- 1_
NO'll (0 'I.A..
DATE
AGENDA ITEM NO.
AGENDA ITEM NAME
Form. 3
7/25/86
DATE Jxpt /Y'rLAJII -
AGENDA ITEM NO. g
41 Igq (
I
DEFERRED UNTIL
s p - ell -- 3 cf. v\l;' III L Mtu t-bc IJef0
i(/;JU(fL0~1 '8) I q (1 d-
AGENDA ITEM NAME
Form. 3
7/25/86
DATE
AGENDA ITEM NO.
AGENDA ITEM NAME
DEFERRED UNTIL
~pfi~
q
~ p- 9'1" 4 I
4, /7C) J
/
G~+tZi{-d. ct-f\Qchel e'Ul~.f;~QJ
':S- Cuu Ulti l J'" Q,), CjCj d--
Form.3
7/25/86
I
.. ,., ' , T":) '~l':' g. 30-.11-.
r~iS'lntJute~ i.'.J LidO ~. ---".-
." . . <Ir! 0904.4'10
Agenda Item No, ~---
COUNTY OF ALBEMARLE
"
J.; Ii"
MEMORANDUM
({ ~)
TO: Albemarle County Board of Supervisors .-
County Executiv~~
FROM: Robert w. Tucker, Jr. ,
DATE: September 4, 1991
RE: 1991-1992 Medical Insurance Renewal
Background:
In the 1991-92 budget, the employer's share of medical insurance
was set at $1,026 per employee in an effort to offset the
anticipated increase of the mid-level Key Care III insurance plan
set to go into effect October 1, 1991. Those choosing the more
expensive Key Care I alternative were expecting to experience an
increase in the employee share.
Due to good experience and careful utilization, our renewal rate
increase recently submitted by Blue Cross/Blue Shield has been set
at 6.4% rather than the anticipated 10%. An option to institute a
preferred provider network for pharmacies just as we currently have
for doctors and hospitals would further lower our increase to 5%.
In an effort to take a proactive approach to containing future
health care costs, it seems possible to implement an employer
encouraged wellness plan and still remain within budgeted funds.
The wellness plan presented as an option provides for health
screenings to detect such conditions as high risk heart and
circulatory diseases, hypertension, elevated cholesterol and other
health hazards. Additionally, high risk groups would be targeted
for colon screenings for men and mammographies for women in an
effort to address these conditions at an early stage rather than
treat them after the fact. Lastly, the plan would provide small
cash incentives to employees who are found, through the screening
process, not to have a high health risk.
The other al ternati ve available to the Board is to forgo the
wellness plan and pick up only the increase in rates. This savings
is very small per employee, yet has the potential of accomplishing
a great deal if put into a proactive program of reducing potential
health care risks.
Albemarle County Board of Supervisors
September 4, 1991
RE: 1991-92 Medical Insurance Renewal
Page 2
Recommendations:
A joint committee made up of medical plan representatives from
general government, schools, ACSA and the Joint Security Complex
reviewed this issue and staff makes the following recommendations:
(1) Provide the employer contribution for medical insurance at
the 1991-92 budgeted level of $1,026 per employee.
(2) Select the option to implement the wellness program as
described to allow the inclusion of health screenings,
mammographies, colon screenings and the incentive plan for
employees who are determined to be low risk and medium risk.
(3) Continue to offer the dental program through Delta Dental
Company, accepting their quote for no increase in employee-
only coverage for 1991-92. Additionally, survey the employees
to determine the level of interest in employee-paid dependent
dental coverage.
(4) Approve the implementation of a preferred provider network
of pharmacies to provide prescription drugs thus saving 1.4%
in the medical insurance rates.
(5) Accept the rate structure included as Attachment A for the
1991-92 renewal of the Blue Cross/Blue Shield of Virginia
contract.
RWT,Jr/REH,II/dbm
91.117
Attachment
.' ..
RECOMMENDED RATE STRUCTURE FOR FY 1991-1992
ALBEMARLE COUNTY AND SCHOOL DIVISION
Health Insurance Premiums
Fulltime Employee Contribution
10% Increase
------------------------------------------------------------------------
------------------------------------------------------------------------
1 County and School 12 Month Employees I
I I
I Additional MONTHLY cost to employee over '90-'91: I
I I
I 1 ---------------------------------------------1
I I Total I EE Share 1
I Employee Only 1 Now Next I Now Next Diff. I
I -----------------------------------------1----------------------------1
I KeyCare I I 119.00 130.50 I 44.00 45.00 1.00 I
I KeyCare III I 105.00 115.50 I 30.00 30.00 0.00 1
I Comprehensive 500 I 90.00 100.50 I 15.00 15.00 0.00 1
I ---------------------------------------------------------------------1
I 1
1 I
I ---------------------------------------------1
I Total I EE Share I
I Employee and Minor I Now Next I Now Next Diff. 1
1 ----------------------------------------1----------------------------1
I KeyCare I I 167.00 182.50 I 92.00 97.00 5.00 I
I KeyCare III I 147.00 157.50 I 72.00 72.00 0.00 I
I Comprehensive 500 I 125.00 135.50 I 50.00 50.00 0.00 I
1 ---------------------------------------------------------------------1
I I
I 1
I I
I I ---------------------------------------------1
I I Total I EE Share I
I Employee and Family I Now Next 1 Now Next Diff. I
I ----------------------------------------1----------------------------1
I KeyCare I I 335.00 365.50 I 260.00 280.00 20.00 I
I KeyCare III I 295.00 305.50 I 220.00 220.00 0.00 I
I Comprehensive 500 I 252.00 262.50 I 177.00 177.00 0.00 1
I ---------------------------------------------------------------------1
ATTACill1ENT A
..
o R DIN A N C E
AN ORDINANCE
TO AMEND AND REENACT THE CODE OF ALBEMARLE
BY THE ADDITION OF
ARTICLE XIII, IN CHAPTER 8
IN ORDER TO IMPOSE A TAX ON MEALS
BE IT ORDAINED by the Board of County Supervisors of
Albemarle County, Virginia:
1. That Chapter 8 of the Code of Albemarle, is hereby amended by
the addition of Article XIII, entitled "Tax on Meals" as follows:
ARTICLE XIII
TAX ON MEALS
Section 8-64. Definitions.
For the purpose of this article the following words or
phrases shall have the meanings respectively ascribed to them by
this section:
Caterer. A person who furnishes meals on the premises of
another, for compensation.
Director. The Director of Finance of the County of Albemarle
and duly designated deputies, assistants, inspectors, clerks or
other employees.
Meal. Any prepared food and drink, including alcoholic
beverages, offered or held out for sale for the purpose of being
consumed by an individual or group of individuals at one time to
satisfy the appetite. All such food and drink shall be included,
whether intended to be consumed on the seller's. premises or
elsewhere, whether designated as breakfast, lunch, dinner, supper,
or by some other name, and without regard to the manner, time or
place of service.
Purchaser. Any person who purchases a meal.
Restaurant. Any place in the county from which or in which
meals are sold, including but not limited to places of business
known as bars, cafes, cafeterias, coffee shops, clubs, delicates-
sens, diners, dining rooms, eateries, grills, lunch counters,
restaurants or snack bars.
Seller. Any restaurant or caterer selling meals, or the
person operating such business.
- Page 1 -
..
Single-Meal Platter. Any prepared food ready for human
consumption served or packaged in such a manner as to be consumed
by a single individual.
Section 8-65. Levy of Tax.
In addition to all other taxes and fees of any kind now or
hereafter imposed by law, a tax is hereby levied and imposed on
the purchaser of every meal served, sold or delivered in the
county by a restaurant or caterer. The rate of this tax shall be
four percent of the amount paid for the meal. There shall be no
tax if the total paid is less than thirty-three cents; on larger
amounts a fraction cent of tax due shall be rounded to the next
higher cent.
Section 8-66. Payment and collection of tax.
In every case the tax shall be collected by the seller and
paid by the purchaser at the time the charge for the meal becomes
due and payable, whether payment is to be made in cash or on
credit by means of a credit card or otherwise. The seller shall
add the tax to the amount charged for the meal, and shall pay the
taxes collected to the county as provided in this article.
Section 8-67. Collections in trust for county.
All amounts collected as taxes under this article shall be
deemed to be held in trust by the seller collecting them, until
remitted to the county as provided by this article.
Section 8-68. Reports and remittances.
The Director of Finance shall require all prospective sellers
of meals licensed to do business in the county to register for
collection of the tax imposed by this article. Every seller shall
make a report for each calendar month, showing the amount of
charges collected for the meals and the amount of tax required to
be collected. The monthly reports shall be made on forms pre-
scribed by the Director and shall be signed by the seller. The
report shall be filed with the Director on or before the last day
of the calendar month following the month being reported. Each
report shall be accompanied by a remittance of the amount of tax
due, made payable to the Director of Finance.
Section 8-68.1. Discount.
For the purpose of compensating sellers for the collection of
tax imposed by this article, every seller shall be allowed three
percent of the amount of the tax due and accounted for in the form
of a deduction on his or her monthly return; provided, the amount
due is not delinquent at the time of payment.
Section 8-69. Penalty and interest.
- Page 2 -
If any person whose duty it is to do so, shall fail or refuse
to make the report or remit the tax required by this article
within the time and in the amount required, there shall be added
to the tax by the Director a penalty in the amount of ten percent
of the tax, or a minimum of ten dollars, if such failure is for
not more than thirty days duration, and thereafter interest shall
be payable on such overdue tax and penalty in the amount of ten
percent per annum. In no case shall the penalty exceed the amount
of tax due.
Section 8-70. Procedure when tax not reported or collected.
If any person whose duty it is to do so shall fail or refuse
to collect the tax imposed under this article and make timely
report and remittance thereof, the Director shall proceed in such
manner as is practicable to obtain facts and information on which
to base an estimate of the tax due. As soon as th~ Director has
procured whatever facts and information may be obtainable, upon
which to base the assessment of any tax payable by any person who
has failed to collect, report or remit such tax, the Director
shall proceed to determine and assess against such person the tax,
penalty and interest provided in this article, and shall notify
the person by registered mail sent to his or her last known
address, of the amount of such tax, penalty and interest. The
total amount thereof shall be payable ten days after the date such
notice is sent.
Section 8-71. Preservation of records.
It shall be the duty of every person liable for collection
and remittance of the taxes imposed by this article to keep and
preserve for a period of two years records showing all purchases
taxable under this article, the amount charged the purchaser for
each such purchase, the date thereof, the taxes collected thereon
and the amount of tax required to be collected by this article.
The Director shall have the power to examine such records at
reasonable times and without unreasonable interference with the
business of such person, for the purpose of administering and
enforcing the provisions of this article and to make transcripts
of all or any parts thereof.
Section 8-72. Duty of person going out of business.
Whenever any person required to collect and remit to the
county any tax imposed by this article shall cease to operate or
otherwise dispose of his or her business, the tax shall immediate-
ly become due and payable, and the person shall immediately make a
report and remittance thereof.
Section 8-73. Advertising payment or absorption of tax
prohibited.
No seller shall advertise or hold out to the public in any
manner directly or indirectly, that all or any part of a tax
imposed under this article will be paid or absorbed by the seller
- Page 3 -
or by anyone or that the seller or anyone else will relieve any
purchaser of payment of all or part of the tax.
section 8-74. Tips and service charges.
Where a purchaser provides a tip for an employee of a seller
and the amount of the tip is wholly in the discretion of the
purchaser the tip is not subj ect to the tax imposed by this
article, whether in cash to the employee or added to the bill and
charged to the purchaser's account, provided, in the latter case,
the full amount of the tip is turned over to the employee by the
seller.
Any amount or percentage, whether designated as a tip or a
service charge, that is added to the price of a meal by the
seller, and required to be paid by the purchaser, is a part of the
selling price of the meal and is subject to the tax imposed by
this article.
Section 8-75. Exemptions.
The following classes of meals shall not be subj ect to the
tax under this article:
(a) Meals furnished by restaurants to employees as part of
their compensation when no charge is made to the employee.
(b) Meals sold by public or private elementary or secondary
schools to their students or employees.
(c) Meals purchased by agencies of federal, state or local
governments or by officers or employees thereof while on official
business.
(d) Meals furnished by a hospital, medical clinic, convales-
cent home, nursing home, home for the aged or handicapped or other
extended care facility to patients or residents thereof.
(e) Meals furnished by a college fraternity or sorority to
its members.
(f) Meals furnished by a non-profit charitable organization
to elderly, handicapped or needy persons in their homes or at
central locations.
(g) Meals sold by a non-profit educational, religious,
charitable or benevolent organization on an occasional basis as a
fund-raising activity.
(h) Meals or food sold from coin operated vending machines.
(i) Any other sale of a meal which is exempt from taxation
under the virginia Retail Sales and Use Tax Act, or administrative
rules and regulations issued pursuant thereto.
- Page 4 -
(j) Food or beverages sold by grocery store delicatessens
and convenience stores except for prepared sandwiches and single-
meal platters.
Section 8-76. Enforcement.
(a) It shall be the duty of the Director to ascertain the
name of every person operating a restaurant in the county, liable
for the collection of the tax imposed by this article, who fails,
refuses or neglects to collect such tax or to make the reports and
remittances required by this article. The Director may have
issued a summons for such person, and the summons may be served
upon such person by any county police officer in the manner
provided by law.
(b) In the event the purchaser of any meal refuses to pay
the tax imposed by this article, the seller may call upon the
police department for assistance; and the investigating officer
may, when probable cause exists, issue the purchaser a summons as
provided by law.
Section 8-77. Violations.
Any person violating or failing to comply with any of the
provisions of this article shall, upon conviction thereof, be
guilty of a Class 3 misdemeanor punishable as provided in Section
1-6 of this Code. Conviction shall not relieve any person from
the payment, collection or remittance of the tax as provided in
this article. Each violation or failure shall be a separate
offense.
Section 8-78. Use of Proceeds.
The proceeds of this tax shall be used exclusively for
service of debt incurred for public school construction or for new
construction of public schools.
2. This ordinance shall be effective on and after
(date)
- Page 5 -
(j"L"} (Ill Gj \~ \/7
liT) lU q j ~/ \ (
h__:J .. L
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
,Jdck Jouell
Edward H Bam. Jr
Sarnui:'l Mdl€r
David p, Bowerman
Charlottesville
Walter F Perkins
White Hall
Peter T. Way
Scottsville
September 6, 1991
Mrs. Karen L. Powell
175 Terrell Road East
Charlottesville, VA 22901
Dear M=~l:j/~
At the Board of Supervisors meeting held on September 4, 1991, you were
recommended for appointment to the Albemarle County School Board by Mrs. Char-
lotte Humphris to represent the Jack Jouett District. This term will expire on
December 31, 1993.
In accepting this position, you will be representing the citizens of
Albemarle County and will be responsible for providing those citizens good
services at a reasonable cost. The Board will expect you to ask questions,
evaluate operating procedures and participate fully in preparation of the budget
for the School Board. You and the other Board members are responsible for
efficient use of all funds entrusted to your care and may be called upon to
account for the expenditure of Federal, State and local funds under your con-
trol.
The Board of Supervisors expresses its appreciation for your willingness to
take on these responsibilities and will be expecting periodic reports on the
progress of the School Board.
If you have any questions about this appointment, please call on me.
Sincerely,
FRB:bh
cc: Dr. Robert Paske I