HomeMy WebLinkAbout1998-05-20 FINAL
7:00 P.M.
MAY 20, 1998
MEETING ROOM 241, SECOND FLOOR
2.
3:
4.
5.
6.
10.
12.
Call to Order.
Pledge of Allegiance.
Moment of Silence.
Other Matters Not U~sted on the Agenda from the PUBLIC.
Consent Agenda (on next sheet).
SP-97-37. Moore's Creek Stream Restoration at Azalea Park (Signs #56&57). PUBLIC
HEARING on a request for stream restoration [30.3.5.2.2(3)], in Azalea Park on
Moore's Creek. Znd RA & FH (Hood Hazard) & lies w/in a designated Entrance
Corridor. TM76,P55E. Located on E sd of St Rt 780 (Old Lynchburg Rd). (Property
recommended for Parks and Greenways in Urban Neighborhood Five in Comp Plan.)
Scottsville Disk
SP-98-02. Geoff Stelling Banjo Manufacturing (Sign #54). PUBLIC HEARING on a request
to expand the storage space to 480 sq ft for ~xisting Home Occupation Class B.
TM96,P16A. Znd RA. Located on 16.94 acs at intersec of Rts 633 & 634. (Property
not lodated in designated development area.) Scottsville Dist.
SP-98-04. Chris Greene Lake Fishing Pier (Sign #65). PUBLIC HEARING on a request to
enlarge an existing fishing pier (30.3.5.2.1) at Chris Greene Lake, to provide improved
accessibility for persons with disabilities. Znd RA. TM32,P41. Property accessed
from St Rt 850 (Chris Greene Lake Rd). (Property not located in a designated
development area.) White Hall Dist.
SP-98-06 Hanson Mountain Communications Tower (Signs #45&46). PUBLIC HEARING
on a request, in accord with the provisions of Sec 10.2.2(6), to make an existing tower
conforming with current ordinance requirements which will permit die addition of
antenna to the tower. Znd RA. TM78,PS1C. Located adjacent to Ashcrok Subd
approx 0.4 mi E of Lego Drive. (Property not located in a designated development
area.) Rivanna Dist. (APPLICANT REQUESTS DEFERRAL.)
SP-98-07. Cook Mm CV144 (Sign #39). PUBLIC HEARING on a request by CFW Wireless
in accord w/the provisions of Sec 10.2.2(6) to allow construction of telecommunica-
tions fac on TM98,P22. Znd RA. Located on E sd of Rt 29 (Monacan Dr) approx 1.7
ml S of Rt 692 (Plank Road). (Property is not located in a designated development
area.) Samuel Miller Dist.
SP-98-08 Crossroads CV143 (Sign #96). PUBLIC HEARING on a request by CFW Wireless
in accord w/the provisions of Sec 10.2.2(6) to allow construction of telecommunica-
tions fac on TM87,P7A~ Znd VR, Located 260 ft from W sd of St Rt 29 S, approx
~nl S of St Rt 710. (Property is not located within a designated development area.)
Samuel Miller Dist.
CV152 (Sign #79&80)
SP-98-09. Arrowhead s
13. Discussion: P~cqucst fo;- 2~'~It Dance I lall Pci':gt at £ta; Basc D~'Fha facility on WcstP, cld
Road. (REMOVE FROM AGENDA~)
14. Approval of Minute~: June 12, June 19 and October 14(A), i996.
15. Other Matters not Listed on the Agenda from the BOARD.
16. Executive Session: Legal Matters.
17. Certify Executive Session. ·
18. Adjourn.
CONSENT AG E'NDA
FOR APPROVAL:
5.1 Request to set a public hearing on June 1 O, 1998, on an ordinance to amend the Transient
Occupancy Tax regulations.
5.2 Adopt revised resolution for the FY 1999 Virginia Juvenile Community Crime Control Act
(VJCCCA) Plan for Albemarle/Charlottesville Juvenile services.
5.3 Authorize County Executive to execute Agreement for the Purchase of Electrical Service By
Municipalities and Counties of the Commonwealth of ¥irginia from Virginia Electric and
Power Company.
5.4 Appointment of Nancy Nicoletto as fire University of Virginia's representative on the Housing
Committee.
5.5 Appropriation: School Fund. $I 10,229 Form #97059).
5.6 Charlottesville Albemarle Airport Parldng Project Bond Resolution.
5.6a Request to apply for additional Revenue Sharing Funds.
5.6b Proclamation proclaiming the week of June 4 through June 1 I, 1998 as Nurse
Assistants' Week and June 4, 1998 as Career Nurse Assistants' Day.
FOR INFORMATION:
5.7 Copy of Planning Commission minutes of April 21, 1998.
5.8 Copy of letter dated April 28. 1998. from Donna Shatmesey, Executive Director of JAUNT,
Inc., to Robert W. Tucker. Jr.. re: third quarter report for JAUNT services in Albemarle
County.
5.9 Supts. Memo No.3, dated May 8, 1998, from Paul D. Stapleton, re: results of the 1998
Special Session of the General Assembly.
5. I 0 Arbor Crest Aparunents (Hydrualic Road Apts.) monthly bond and progress repor~ for the
month of April, 1998.
I N T E R
0 F F I C E
MEMO
To:
From:
Subject:
Date:
Melvin A. Breeden, Director of Finance
Laurel B. Hall, Senior Deputy Clerk
Appropriations Approved on May 20, 1998
May 22, 1998
Attached is the original appropriation form for the following item which was approved by
the Board at its meeting on May 20, 1998:
1) Appropriation: School Fund. $110,229 Form #97059~.
I have also attached a copy of the following resolution adopted by the Board at the same
me~fing:
1) Charlottesville/Albemarle Airport Parking Project Bond Resolution.
Attachments: 2
cc: Roxarme White
R/chard E. Huff, II
Kevin Casmer
Jackson Zimmerman
Robert Walters
ACTIONS
Board of Supervisors Meeting of May 20, 1998
May 22, 1998
5,1
5.2
5.3
5.4
5.5
5.6
5.6a
AGENDA ITEM
Call to order.
Request to set a public hearing on
June I 0, 1998, on an ordinance to amend the
Transient Occupancy Tax regrdations. SET
PUBLIC HEARING FOR JUNE 10, 1998.
Adopt revised resolution for the FY 1999
Virginia Juvenile Community Crime
Control Act IVJCCCA) Plan for
Albemarle/Charlottesville Juvenile services.
ADOPTED RESOLUTION.
Authorize County Executive to execute
Agreement for the Purchase of Electrical
Service By Municipalities and Counties of
the Commonwealth of Virginia from
Virginia Electric and Power Company.
AUTHORIZED.
Appointment of Nancy Nicoletto as the
University of Virginia's representative on
the Housing Committee. CONFIRMED.
Appropriation: School Fund, $110,229
(Form #97059). APPROVED.
Charlottesville~ Albemarle Airport Parking
Project Bond Resolution. APPROVED.
Request to apply for additional Revenue
Sharing Funds to be applied to Meadow
Creek Parkway and Gerogetown Road
projects. APPROVED.
ASSIGNMENT
The meeting was called to order at 7:00 p:m. Ali
members of the Board of Supervisors were in
attendance except Mr. Martin.
Clerk: Advertise PH for June 10, 1998.
Clerk: Send resolution to Rory Carpenter at the
Children and Youth Commission.
County Executive: Sign agreement. Forward to
appropriate party.
Clerk: Update Boards and Commissions records.
Send appointment confirmation letter to
Ms, Nicoletto. Term to expire 12/31/2000,
Clerk: Send appropriations memo to Finance and
other appropriate persons.
Clerk: Send resolution to Barbara Hutchinsom
Ch'ville/Albemarle Airport Authority. Send copy m
Finance Deparmtent.
Clerk: Send copy m Juan Wade and
Wayne Cilimberg.
5.6b
5.8
5.11
Proclamation proclakning the week of Jurie
4 through June 11, 1998 as Nurse
Assistants' Week and June 4. 1998 as
Career Nurse Assistants' Day.
APPROVED.
Copy of letter dated April 28, 1998, from
Donna Shaunesey, Executive Director of
JAUNT, Inc., to Robert W. Tucker, Jr., re:
third quarter report for JAUNT services in
Albemarle County.
Comparative Report of Local Government
Revenues and Expenditures. for the year
ended June 30. 1997, as prepared by the
Auditor of Public Acconn~s.
SP-97-37. Moore's Creek Stream
Restoration at Azalea Park (Signs #56&57 ~.
PUBLIC HEARING on a reqllest for stream
restoration [30.3.5.2.2(3)], in Azalea Park
on Moore's Creek. Znd RA & FH [Flood
Hazard) & lies w/in a designated Entrance
Corridor. TM76.P55E. Located on E sd of
St Rt 780 (Old Lynchburg Rd).
APPROVED WITH 5 CONDITIONS.
SP-98-02. Geoff Stalling Banjo
Manufacturing/Sign #54). PUBLIC
HEARING on a request to expand the
storage spaceto 480 sq ~ for existing Home
Occupation Class B. TM96.P16A. Znd KA.
Located on 16,94 acs at intersec of Rts 633
& 634. APPROVED WITH 1
CONDITION.
SP-98-04. Chris Greene Lake Fishing Pier
(Sign #65). PUBLIC HEARING on a
request to enlarge an exisfmg fishing pier
(30.3.5.2A) at Chris Greene Lake, to
provide improved accessibility for persons
with disabilities. ZndRA. TM32,P41.
Property accessed from St Rt 850 (C~is
Greene Lake Rd). APPROVED WITH 3
CONDITIONS.
SP-98-06. Hanson Mountain
Communications Tower (Signs #45&46).
PUBLIC HEARING on a request, in accord
with the provisions of Sec 10.2.2(6), to
make an existing tower conforming with
~ierk: Forward original to JABA
Staff: Provide comparative figures from the past in
order to provide perspective.
Mr. Tucker: Speak to the Schools to see if they are
having difficulty due to red tape.
Staff: Send letter to legislators thanking them for
their efforts.
Clerk: Include conditions in memo to Plann'mg and
other approprmre persons.
Clerk: Include condition in memo to Planning and
other appropriate persons.
Clerk: Include in memo to Pla~'mg Board
suggestion that staff consider using material from
recycled plastic on decking.
Nolle.
2
t0.
11.
12.
13.
15.
current ordinance requirements which will
permit the addition of antenna to the tower.
Znd RA. TM78,PS1C. Located adjacent to
Ashcrofr Subd approx 0.4 ml E of Lego
Drive. (Proper~y not located in a designated
development area.) Rivanna Dist.
DEFERRED UNTIL JUNE 17.
SP-98-07. Cook Mtn CV144 (Sign #39).
PUBLIC HEARING on a request by CFW
Wireless in accord w/the provisions of Sec
10.Z2(6) to a/low construction of
telecommunica-tions fac on TM98,P22.
Znd RA~ Located on E sd of Rt 29
(Monacan Dr) approx 1.7 ml S of Rt 692
(Plank ROad). APPROVED WITH 17
CONDITIONS.
SP-98-08. Crossroads CV143 (Sign #96).
PUBLIC HEARING on a request by CFW
Wireless in accord w/the provisions of Sec
10.2.2(6) to allow construction of
telecommnnica-tions fac on TMg7,P7A.
Znd V1L Located 260 f/from W sd of St Rt
29 S, approx 1 ml S of St Rt 710.
REFERRED BACK TO PLANNING
COMMISSION TO RECONSIDER
WAIVER,
SP-98-09. Arrowhead CV152 (Signs
#79&80). PLrBLIC IL~fi, P,.~,~C an a rcquz~t
~y CFW W~clc~; ~ a~c~r~ w/~c
eons~cfion of tclcc~-2 cation~ fac on
TMgg,P2~. Znd P~,. Lccatcd an E ~d cfRt
29 (M~n~ Dr), ~n W ad ~fP~ 745
(Axwv&cad Valley Rd): (~MOVED
FROM AGE~A.)
~'~'~:-~J n-*'~ (REMOVED FROM
AGENDA.)
Other Matters not Listed on the Agenda
from the BOARD.
Mrs. Humphris asked if auyone could attend
a ceremony to be held at Ashlawn-Highland
on May 29. Mrs. Thomas will attend.
Clerk: Include conditions in memo to Plann/ng and
other appropriate persons,
Clerk: Put on June 10, 1998 consent agenda for
approval only if the Planning Commission approves
the waiver.
None.
None.
Mr. Tucker: See if an individual(s) from Planning
can attend.
Clerk: Make Mrs. Thomas's reservation.
3
Mrs. Hamphris said she had received a letter
from Barboursville Vineyards. The author
was misinformed and concerned about the
impact of the Mountain Overlay Plan.
Not docketed:
The Board voted to hold a public hearing on
June 17 to consider giving Board members a
2.75 percent salary increase.
/lbh
Distribution list:
County Executive and staff
Kevin Castner
Wayne Cilimberg
Larry Davis
BiI1 Mawyer
Amelia McCulley
Brace Woodzell
Staff: Respond to author of the letter in order to
alleviate their tears.
Clerk: Adven~ise PH for June 17.
4
COUNTY OF ALBEMAI '"E
AGENDA TITLE:
Transient Occupancy Tax Ordinance
SUBJECT/PROPOSAL/REQUEST:
Request the setting of a public hearing for an ordinance
to amend regulations regarding the Transient
Occupancy Tax
STAFF CONTACT(S}:
Messrs. Tucker, Huff, Breeden/Davis
AGENDA DATE:
May 20, 1998
ACTION:
CONSENT AGENDA:
ACTION: ×
ATTACHMENTS: Yes
ITEM NUMBER:
INFORMATION:
BACKGROUND:
INFORMATION:
REVIEWED BY.: -~~
Dudng the public hearings on the meals tax last year. a business owner approached the Finance Department about
the possibility of remitting the Transient Occupancy Tax on a similar basis, i.e., reporting and remitting on a monthly
basis instead of the quarterly basis now used, and allowing a deduction for the business for the timely collection and
payment of the tax. A survey was sent out to the twenty-five businesses that currently remit the tax to the County.
Of the fourteen that responded, only one indicated they prefer the current method of remittance.
DISCUSSION:
The Finance Department, in conjunction with the County Attomey's office, has reviewed and revised the article of
the Albemarle County Code dealing with the Transient Occupancy Tax. The revised article mirrors the meals tax
regulations and changes the remittance to a monthly basis and allows for a lodging provider deduction.
RECOMMENDATION:
Staff recommends the Board of Supervisors set a public hearing on June 10, 1998 for the ordinance to amend the
Transient Occupancy Tax regulations.
98.084
DRAFT: April 16, 1998
ORDINANCE NO:
AN ORDTNANCE TO AMEND AND REORDA[N CHAPTER 8, FINANCE AND TAXATION,
ART/CLE ]:X, TRANSIENT OCCUPANCY TAX, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA.
BE I'T ORDAINED by the Board of County Supervisors of the County of Albemarle,
Virginia, that Chapter 8, Finance and Taxation, Article IX, Transient Occupancy Tax, is
hereby amended and reordained by amending sections 8-4! through 8-43, and adding
sections 8-44 through 8-53.
Sec. 8-41
. ,,,,vvo=~, ~,,,,,,,,, u, ,a^. Definitions
D/rector of Finance. The director of finance of the county and any of his duly
authorized deputies; assistants, employees or aoents.
Lodqin.~ provider. Any person who operates a hotel~ motel, boardina house, or
travel campqround in the county.
Purchaser. Any person who rents a room or space in a hotel, motel, boardino
house~ or travel campqround for fewer than thirty. (.30) consecutive days of continuous
occupancy.
State law reference-authority to adopt this article Va. Code ~ 58.~,-3819.
(Previous ~ 8-41, Imposed; amount of taxis now ~ 8-~2.)
Sec. 8-42.
Imposed; amount of tax.
There is hereby imposed a tax on the occupancy of all rooms or spaces in hotels,
motels, boarding houses and travel campgrounds within the county. Such tax shall be
assessed at the rate of five (5) percent of the amount charged for such occupancy;
provided, however, that nothing herein shall be construed as imposing any tax upon
rooms or spaces rented for continuous occupancy to the same oerson or orOUD O~
'-~'-"~"-' ......~' ..........."'~- thirty (30)
oersons ,, ,.,.,~ ~ ,. ~, o~. ,. ,,,,, .. ~, ~, w,-.,~,, for or more days in hotels.
motels, boarding houses, or travel campgrounds. (~-28-73; 8-~5-74; 4-13-88;
3-19-97)
The revenues collected from that portion of the tax over two (2) percent shall be
designated and spent for promoting tourism, travel or business that generates tourism
or travel in the county.
DRAFT: April 16, 1998
State law reference-Va. Code ~i 58.1-381
(Previous ~ 8-42, Report of gross receipts received during preceding quarter; payment;
administration of art/cie is now ~ 843, Payment and collect/on of tax.)
Sec. 8-43. ~ Payment and collection of tax.
hA~-'- -A~'- ~^--~'-~ ~ ........' ..... ' .......... ~ ~-'~ --~ lodging providers liable
t~^~o,~ ~,, v,,o,~,,o ,,, th~s article, shall
for collection of taxes imposed by .... ~' .... ~,,,~,'~- ~,,,, ...... '~' .... ¢ '
collect the amount of tax imposed under this a~de ~rom the purchaser on whom the
same is levied at the time payment for such }odoino becomes due and ~avabie. whe~er
payment is made in cash or on credit bg means of a credit card or othe~ise. ~
~,, y ~u~ ~, ,~ ~, u,,o,~,,o ~, ~,,,= ~, ~,~,~. The amount
of tax owed b~ the purchaser shall be added to the cost of the room or s~ace by the
Iodoinq provider who shall pay the taxes ~llected to the coun~ as provided in this
a~icle. Taxes relieved by ~e Iodqing provider shall be held in tru~ bv the Iodoino
provider until remOVed to the count.
State law reference--Va. Code § 58,1-3819,
(Previous ~ 8-'t3, Penalty and interest is now § 8-51, Penalty for late remittance or fa/se
return.)
Sec. 8-44. Deduction for IodQinQ orovider~
For the purpose of compensatinq Iodqinq providers for the collection of the tax
imposed by this article: every Iodoino provider shall be allowed three (3) percent of the
8-2
DRAFT: April 16~ 1998
amount of tax due and accounted for in the form of a deduction on his monthly return
not to exceed one hundred dollars ($100) per monthly return; providedr the full amount
shall be due if any part of the payment is delinquent at the time of payment.
State law reference--Va. Code ~ $8.1-3819(D).
Sec. 8-45. Reports and remittances generally.
Every Iodqinq provider liable for collection of taxes under this article shall make
out a report., upon such forms and settin~ forth such information as the director of
finance may prescribe and requirer showing the amount of cross receipts collected and
the tax required to be collected, and shall sign and deliver such report to the director of
finance with a remittance of such tax. Such reports and remittance shall be made on or
before the t~entieth day of each monthf covering the amount of tax collected durino
the Drecedino month
Sec. 8-46. Preserva_tion of records.
It shall be the duty of any Iodqing provider liable for collection and remittance of
the taxes imposed by this article to keep and preserve for a period of three (3~ years
records showinq qross receipts, the amount charaed the purchaser for each stay, the
date thereof~ the taxes collected thereon and the amount of tax required to be collected
by this article. The director of finance shall have the power to examine such records at
reasonable times and without unreasonable interferon e with the business of the.
Iodqinq provider for the purpose of administerincl and enforcina the provisions of this
article and to make coeies of all or any parts thereof
Sec. 8-47. Duty of Iodqinq provider when qoinq out of business,
Whenever any Iodaina provider reauired to collect or pay to the county, a tax
under this article shall cease to operate or otherwise dispose of his business, any tax
payable under this article shall become immediately due and pa.vable and such person
shall immediately make a report and pay the tax due.
Sec. 8.48. Enforcement; duty of director of finance.
The director of finance shall promu gate rules and regu ations for the
interpretation: administration and enforcement of this article. It shall also be the duty
of the director of finance to ascertain the name of every Iodaina provider 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 of
8-3
DRAFT: April 16, 1998
finance shall have all the enforcement powers as authorized by Article 1, Chapter 31 of
Title 58.1 of the Code of Viroinia for purposes of this article,
Sec. 8-49. Procedure upon failure to collect, report, etc.
If any Iodqinq provider whose duty it is to do so shall fail or refuse to collect the
tax imposed under this article and to make, within the time provided in this article, the
reports and remittances mentioned in this article~ the director of finance shall proceed
in such manner as he may deem best to obtain facts and information on which to base
his estimate of the tax due. As soon as the director of finance shall procure such facts
and information as he is able to obtain upon which to base the assessment of any tax
payable by any Iodaina provider who has failed or refused to collect such tax and to
make such report and remittance~ he shall proceed to determine and assess aaainst
such Iodoina provider the tax and penalties provided for bv this article and shall notify.
such Iodaina provider, by registered mail sent to his last known place of address, of the
total amount of such tax and penalties and the total amount thereof shall be payable
within ten (10~ days from the date such notice is sent.
Sec. 8-50. Collection.
The director of finance shall have the power and the duty of collectinq the taxes
imposed and levied hereunder and shall cause the same to be paid into the ~eneral
treasury for the county.
8.51. Penalty for late remittance or false return.
(a) Tf any Iod~ine provider whose duty. it is to do so shall fail or refuse to file any
report reouired by this article or to remit to the director of finance the tax reouired to
be collected ano paid under this article within the time and in the amount specified in
this article, there shall be added to such tax by the director of finance a oenalty in the
amount of ten (:LO) percent of the total amount of tax owed if the failure is not for more
than thirty (30~ days, with an additional penalty of ten (:L0) percent of the total amount
of tax owed for each additional thirty. (.30) days or fraction thereof durino which the
failure continues, such penalty not to exceed thirty (30~ percent of the tax owed,
provided, however: the minimum penalty shall be ten dollars ($10.00~,
(b) Tn the case of a false or fraudulent return with intent to defraud the county
of any tax due under this article, a penalty of fifty (50) percent of the tax owed shall be
assessed against the person reeuired to collect such tax.
8-4
DRAFT: April 16, 1998
Sec. 8-52. Violations of article.
Anvperson reouired to collect, account for and oar over a tax under this article,
who willfully fails to collect or truthfully account for and oar over such tax, and any
such person who willfully evades or attempts to evade any such tax or payment thereof,
shall be guilty of a Class 1 misdemeanor. Conviction under this section shall not relieve
pny person from the paymentf collection or remittance of the taxes or penalties
provided for in this article. Any aqreement by any person to Day the taxes or penalties
provided for in this article by a sedes Of installment garments shall not relieve any
person of criminal liability for violation of this article until the full amount of taxes and
penalties aqreed to be paid by such oerson is received by the director of finance. Each
fai ure or violationr and each day's continuance thereof, shall constitute a seDarate
offense.
State law reference--Va. Code ~ 58.1-3907; as to punishment for Class 1 misdemeanor, see
~ 18.2-11:
Sec. 8-53. Se_verabilitv_.
If any provision of this article, or any application of such orovision to any oerson
or under any circumstances, shall be invalid, the remainder of this article, or the
application of such provision to persons or under circumstances other than those to
which it shall have been held invalid, shall not be affected thereby,
BE iT FURTHER ORDAINED that this Ordinance shall be effective on and
after 3uly 1, 1998.
8-5
COUNTY OF ALBEMARL oARD OF SU?ERWSO S
EXECUTIVE SUMMARY
AGENDA TITLE:
FY99 Virginia Juvenile Community Cdme Control Act
(VJCCCA) Resolution for Albemarle/Charlottesville
juvenile services.
SUBJECT/PROPOSAL/REQUEST
Request approval of revised Resolution for the FYg9
VJCCCA Plan for Albemarle/Charlottesville juvenile
services
STAFF CONTACT(S):
Messrs. Tucker, White
,BACKGROUND:
AGENDA DATE:
May20,1998
ITEM NUMBER:
INFORMATION:
ACTION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
At the Board's Apdl 1st meeting, the Board approved a resolution certifying compliance with the requirements of the
Virginia Juvenile Community Crime Control Act (VJCCCA) in order to receive the FY99 funds allocated to Albemarle
County. Albemade's FY99 state funding allocation included in the resolution was $179,956, although it was
understood and stated at the time that the Legislature was going to adopt a hold harmless clause and therefore,
Albemarle County would ultimately receive $202,444 or level with our FY98 funding allocation. However, the
Department of Juvenile Justice required us to approve and submit a resolution in April, knowing that the Board
would need to approve a revised resolution after the Governor signed the final budget.
DISCUSSION:
The attached resolution is virtually the same as the one the Board approved in Apdl except for one change in the
second paragraph. The second paragraph formerly read' The Department of Juvenile Justice has approved funding
for the County of Albemarle through the Virginia Juvenile Community Crime Control Act for FY1999 in the amount
of $179,956~ and". The Revised Version simply omits "in the amount of $179,956" and ends the paragraph with
FY199g. This revision complies with the wishes of the Department of Juvenile Justice and also assures that if in
the future the funding amount fluctuates, the Board will not be required to approve a second resolution.
The additional $22,488 (the difference between $179,956 and $202,444) will be allocated to the 16th District Court
Service Fund, which allows the Court Services Unit to access community based services for juveniles in their care,
and the electronic monitoring program.
RECOMMENDATION:
Staff recommends approval of the attached Resolution that will be forwarded to the Department of Juvenile Justice
for the County's FY99 VJCCCA Plan
98.086
facsimile
TRA N $ 1'4 ITTA L
to:
fax #:
re:
date:
pages:
Rory Carpenter
970-3890
VJCCCA Resolution
May 21, 1998
2, including this cover sheet.
Attached is a signed copy of the resolution. We will also forward you a copy in the mail.
From the desk of...
ELLA WASHINGTON-CAREY, CMC
CLERK
BOARD OF COUNTY SUPERVISORS
401 MClNTIRE ROAD
CHARLOTTESVILLE. VA 22902-4596
(804) 296-5843
Fax: (804] 296-5800
Charlo~eY, Humphr~
Fon'~t R. Ma~h~, Jr,
COUNTY OF ALBEMAI~LE
Office of Board of SupennSOrs
401 Mclnfim Road
ChadotlP. s~te, Vn'cj'mia 229024596
(804) 296-5843 FA~X (804~, 296-5800
Charles S. Maran
Walter F. Perkins
Sally H. Thomas
May 22, 1998
Mr. Rory Carpenter
City Hall .annex
P.O. Box 911
Charlottesville, VA 22902
Dear Mr. Carpenter:
At its May 20, 1998 meeting, the Board of Supervisors adopted a resolution for the FY
1999 Virginia Juvenile Community Crime Control Act 'VJCCCA) Plan for
Albemarle/Charlottesville Juvenile services. Ms. Carey faxed a copy to your office yesterday;
the original is attached to this letter.
Please call me if you have m~y questions. Thank you.
Sincerely,
Laurel B. Hall
Senior Deputy Clerk
Attachmem
Printed on recycled paper
RESOLUTION
WHEREAS, the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime
Control Act to establish balanced, community-based systems of sanctions, programs and
services for juvenile offenders effective January I, 1996; and
WHEREAS, the Department of Juvenile Justice has approved funding for the County of Albemarle
through the Virginia Juvenile Community Crime Control Act for FY 1999; and
WHEREAS, the County of Albemarle has submitted a plan together with the City of Charlottesville
[o the Depanmem, designating Charlottesville as the fiscal agent, m use these Virginia
Community Crime Control Act fands to provide services m youth who come before the
Juvenile and Domestic Relations Court in FY 1999:
NOW, TI-IEREFORE, BE IT RESOLVED THAT the Board of County Supervisors of Albemarle
County, Virginia, certifies that it:
Will not contribute less ftmding for the implementation of this local plan than was
expended for block grant funded programs for services either operated or utilized in
FY 1995 in compliance with § 16.1-309.6 of the Code of Virginia; and
Will not utilize funds provided by this Act to supplant ftmds established as the state
pool of funds under ~2.1-757 in compliance with §16.1-309.3 of the Code of
Virginia4 and
Will comply with all provisions of § 16.1-309.9 of the Code of Virginia which gives
the Board of Juvenile Justice the authority to establish and enforce standards and to
review the expenditures and services established by the local plan; and
Consulted with the Judge(s) of the Juvenile and Domestic Relations Court and the
Director of the Court Services of the part'~cipating jurisdictions; and
Will submit routine reports and an other information to the Director of the
Department of Juvenile Justice for each program of service funded by the Act in
compliance with §~16.1-309.3 E and 16.1-309.10 of the Code of Virginia and all
applicable departmental procedures.
1. Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
resolutionadopted by the Board of County Supervisors of Albemarle County, Virginia at a regular
meeting held on May 20, t 998. ~/~_~f_~ ~'?~_
Clerk, Board of County Supervisors/
/
AGREEMENT FOR THE PURCHASE OF
ELECTRIC SERVICE BY MUNICIPALITIES
AND COUNTIES OF THE
COMMONWEALTH OF VIRGINIA FROM
VIRGINIA ELECTRIC AND POWER COMPANY
This Agreement, made this 20th day of April, 1998 between County of Albemarle, a unit
2 of local government of the Commonwealth of Virginia, hereinafter cailed the "Customer", and the
3 Virginia Electric and Power Company, hereinafter called the "Company," provides that in
4 consideration of the mutual covenants and agreements herein contained, the parties hereto contract
5 and agree with each other as follows:
6
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1. P~C~SE~DS~E
A. Purchases From the Company
The Customer will purchase from the Company and the Company will sell m the
Customer, pursuant to the provisions of this Agreement and the Terms and Conditions
For The Purchase of Electric Service By Municipalities and Counties and to the
applicable schedules of charges, attached hereto and made a part hereof, the electric
service requested by the Customer (including the service being furnished on the
effective date of the Agreement) within the territory served by the Company in the
Commonwealth of Virginia.
B. Purchases From the Customer
The Company will purchase electricity from the Customer's generating facilities under
a separate agreement in accordance with the Public Utility Regulatory Policies Act of
1978 (PURPA) and the Federal and Virginia rules that implement PURPA, if the
generating unit qualifies for such treaunent. The Customer may participate in any
formal Company solicitation for capacity and energy based on the Company's needs.
The Customer also may contract for the sale of electricity to the Company m
accordance with the availability, pricing, and terms and conditions of the Company's
Virginia Schedule 19 and applicable terms and conditions of contracts for the sale of
electricity to the Company, except that sales of electricity from the Company to the
Customer shall be made in accordance with this Agreement.
AGREEMENT (Continued)
Page 2 of 4
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1.B. Purchases from the Customer (Continued)
Notwithstanding the preceding paragraph, if PUP, PA is repealed, or if other changes
occur to the laws or roles affecting the Company's obligations to purchase electricity
or the conditions of sale related thereto, the Company shall revise its practices to be
consistent with such change and may at its option elect to no longer enter into
agreements for the purchase of electricity from the Customer to the extent permitted
by applicable law and roles.
The term of this Agreement shall be from July 1, 1997 to June 30, 2000.
3. RATES AND CHARGES
The schedules of charges available hereunder and applicable conditiolls are attached hereto
as Attachments A through Y and listed below. Any use of electricity for which no schedule
of charges is shown will be supplied in accordance with the Miscellaneous Light and Power
schedule (Attachment A).
A. Miscellaneous Light and Power Service (Schedule 100)
B. Traffic Control Service (Schedule 102)
C. All-Electric Building Service and Dual Fuel Systems (Schedule 110)
D. Water Pumping, Sewage Pumping and Sewage Disposal Service (Schedule 120)
E. Time-of-Usage Service (Schedule 122)
F. Large Miscellaneous Light and Power Service (Schedule 130)
G. Thermal Storage (Schedule 131)
H. Large Miscellaneous Light and Power Service - Variable Pricing (Schedule 132)
I. Curtailable Service (Schedule CSCM)
J-1. Standby Generator (Schedule SGCM)
J.-2 Standby Generator -- Closed (Schedule SGCM-1)
K. Roadway, Directional and Area Light'mg Service High Pressure Sodium
(Schedule 150)
L. Roadway, Directional and Area Lighting Service ~ Incandescent, Mercury Vapor, and
Urhanlites (Schedule 151)
M. Street Lighting Fixtures on Bridges and Overpasses (Schedule 152)
N. Street Lighting - Special Fixtures (Schedule 153)
O. Service to Customer-Owned Street, Area and Other Outdoor Lighting Facilities
(Schedule 154)
P. Temporary Service Charge (Schedule A)
Q. Excess Facilities Service Rate (Schedule B)
R. Miscellaneous and Standby Charges (Schedule C)
S. Mercury Vapor to High Pressure Sodium Vapor Conversion Charges (Schedule D)
T. Street Lighting Patrol Service (Schedule E)
AGREEMENT (Continued)
Page 3 of 4
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3. RATES AND CHARGES (Continued)
U. Electric Vehicle Charging Facilities (Schedule F)
V. Rider A Fuel Adjustment Clause
W. Rider I-CM Interruptible Electric Water Heating Service - Residential Services --
Closed
X. Rider K - Electric Cooking in Educaf~onal Facilities
Y. Rider L - Geothermal Heating and A'~r Conditioning
For qualifying individual accounts the Customer may elect companion load management rate
schedules or riders as follows: Schedules CSCM, SGCM, SGCM-1, and Rider J-CM. These
load management rates and rider will be revised from time to time as approved for other
retail customers in Vkginia, however, throughout the term of this Agreement the payments
provided under Schedule SGCM-1 shall remain at $4.50 per kW during the billing months
of November through April, and $8.00 per kW for the billing months of May through
October.
The specific application of the applicable rate schedule m specific connection points may,
at the request of the Customer, be enumerated in Exhibits m be attached hereto. Other
service points may be identified, in writing, for inclusion under this Agreement at such times
as the need for service develops. Nothing in this Agreement shall be construed as preclud'mg
the parties hereto from entering into a separate contract for services of a special nature.
4. EFFECTIVE DATE
The rates and terms and conditions applicable hereunder are effective July 1. 1997. For
serwce rendered on and after July 1, 1997. Customer will pay m the Company (or the
Company will pay m the Customer) the difference between the charges as calculated under
the rates attached hereto and the charges as previously paid.
Unless otherwise specifically agreed in writing, this Agreement cancels and supersedes
as of the effective date hereof all previous agreements and supplemental agreements
between the Customer and the Company for electric service covered by this
Agreement. This Agreement shall inure m the benefit of and be bind'mg upon the
successors or assigns of each of the parties hereof.
AGREEMENT (Continued)
Page 4 of 4
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5. GENERAL (continued)
Bo
This Agreement shall be binding upon the Customer and the Company only when
executed by a duly authorized official or authorized representative thereof, and shall
not be modified by any promise, agreement or representation of any agent or employee
of either party hereto except in writing and executed by such a duly authorized official
or officer.
C. The obligations of the Company and the Customer for service under this Agreement
are subject to appropriations by Customer's governing body to pay for such service.
In the event any provision, or any part or portion of any provision of this Agreement
shall be declared by a court of competent jurisdiction to be unlawful, invalid, void or
otherwise unenforceable, the remainder of this Agreement shall be severable and
remain enfomeable. Only the provision (or part or provision thereof) so declared shall
be considered unlawful, invalid, void or otherwise unenforceable.
VIRGINIA ELECTRIC AND POWER COMPANY
19 By~ Title~~~
CUSTO2R'S NAME: COUNTY_ OF ALBEMARLE
21 By'A'/tf~,~7~, ~' Title ~[tt~'Ptt ~x/~:~T'~q~
22 (Informafon requested below to beX~n only if approval obtaLed or required by Customer.)
23 At a regular meeting of the /~>(~ ~ ~ rf
24 (/O~ z,..') &ct of ~k/b~{c held on
!
of the
,~(tZ~ ~ , 19~$/, this Agreement was
25 presented for approval as prescribed by its roles of order, was approved, and the above officer was
26
nC
authorized to execute same on its behalf.
Date
Attest ~/ff~ ~/~.~ Clerk
COUNTY OF ALBEMARLE
EXECUTIVE S U MMARY o^R ) oF SUPERVISORS
AGENDA TITLE: I AGENDA DATE: ITEM NUMBER:
Virginia Power Contract [ May 20, 1998
[
IACTION: INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
I ACTION: X INFORMATION:
Approval of Contract for Electrical Service. ~ CONSENT AGENDA:
I
I ATTACHMENTS: Yes _....
Messrs. Tucker/Davis ~ REVIEWED BY:
BACKGROUND:
The VML/VACO Virginia Power Steedng Committee has negotiated a new three year contract for electrical service
on behalf of all the local governments of Virginia. Highlights of the contract are identified in the attached letter to
Mr. Tucker dated April 7, 1998. A major benefit is a reduction in electrical rates retroactive to July 1, 1997.
DISCUSSION:
The proposed contract is recommended by VML and VACO. The County Attorney has reviewed the contract and
also recommends approval. Underthe proposed contract, because of the reduction in rates the County will receive
a refund for payments made from July 1997 to April 1998 in the amount of $7,140.
RECO M MENDATION:
Staff recommends that the Board authorize the County Executive to execute the Agreement for the Purchase of
Electrical Service By Municipalities and Counties of the Commonwealth of Virginia from Virginia Electric and Power
Company dated April 20, 1998.
98.085
president
Charles W. Curry
Augusta County
president-Elect
Wanda C. Wingo
Botetourt County
First V'tce President
Ferris M. Belman, Sr.
Stafford Cotmty
Second Vice President
Jackson T. Ward
Hanover County
Secretary-Treasurer
Raymond F. J~sop
King and Queen CountT
Immediate Past President
John D. Jerddns
Prince W'~lliam County
Executive Director
J~xes D. Campbell, CAE
General Counsel
C. Flippo Hicks
100t East Broad Street
Suite LL 20
Richraond, Virginia
23219-1928
'804} 788-6652
FAX (804' 788-0083
E-mail: VACo95@aol.con
Web site: www.vaco.org
VIRGINIA ASSOCIATION OF COUNTIES
April 7, 1998
Mr. Robert W. Tucker Jr.
County Executive
Albemarle County
401 Mclntire Road
Charlottesville, VA 229024596
Re~
Virginia Power Contract
Dear Mr. Tucker:
I am pleased to report that VML/VACo Virginia Power Steering Committee
has completed its work and negotiated a three-year contract for electric service
which it recommends to ail governments. Members of the Steering Committee and
the Committee's attorneys and utility consultants have devoted many hours to the
negotiations and are very satisfied with the outcome. Major areas of the new
contract, including rate reduction, retroactivity of the contract, and certain terms
and conditions, are explained below.
Reduction in Base Rates
As finally negotiated and agreed upon by the Steering Committee and
Virginia Power, the base rates paid by ail local governments will decrease $8.66
million for the first year of the contract (July t. 1997 to June 30, 1998). This is a
6.2% decrease in the non-fuel portion of the rates (exclusive of the fuel costs
embedded in the rates and the fuel adjustment clause). Virginia Power originally
proposed a $1.5 million annual increase (a $3 million increase for the municipal
class and a $1.4 million decrease for the county class). Base rates will remain
constant for the second and third year of the contract and thus the total savings
negotiated by the Steering Committee equate to more than $30 million over the
three-year period.
There are two components in the utility bills paid by local governments to
%rg. nmPOwer: ia) oase ~ates wmcntmve some me~ costs lncmacu ~n them anu to)
the fuel adjustment clause which includes the fuel costs l~3;6nd:~at inclUded lathe
base rates and capacity charges. The fuel adjustment clause fluctuates from month
to month depending on the costs paid by the utility to its fuel suppliers and to
independent power producers from whom some electricity ~s purchased under
contract.
When projected fuel and capacity charges are added to basic rate revenue,
the annual decrease for all localities is anticipated to amount to an average of
approximately 4.0%. The percentage decrease for some localities will be more.
and for some less? depending on the types of services which each Iocaiity utilizes,
and its load factor and design efficiency, but ail will enjoy some decrease. The
amount of the decrease is particularly determined by the rote schedule that the
account is on as discussed in the next paragraph.
Page 2 of 4
April 7, 1998
Reductions by Schedule: Inclusion of Fuel Adiustment and Capacity
Charges
The Steering Committee voted to make some changes in the design of the
rares. First, the Steering Committee voted to combine the county and municipal
rates under Schedules I00 (miscellaneous light and power), 110 {'all electric), and
120 (pumping). The overall average decrease for these schedules (inclusive of the
fuel adjustment clause) is approximately 2%. The decrease will be greater for
some counties; i.e.. those non-mt)au counties which have been paying at a higher
rate the decrease in rates will be over 8.0%.
The Steering Committee elected to put a larger percentage of the decrease
(5.5%) on Schedule 130 which is available for large accounts and is already
combined for counties and municipalities. When the fuel adjustment clause is
included, the overall average decrease for this schedule is 5.0%.
The overall average decrease for streetlight rates, including the fuel
adjustment clause, is 4.2%.
The credits available under the Standby Generator schedule (Schedule
SGCM) are being reduced consistent with those available to customers under the
jurisdiction of the State Corporation Commission. However, all local government
accounts on this schedule as of July 30, 1997 will be moved to Schedule SGCM-1
and grandfathered at the higher credits through the remainder of the three years.
Schedule 132 ~ ML&P - Variable Pricing becomes available on an
experimental basis to new load connected after July 1, 1997. It is available for a
maximum of 10 accounts. This schedule is similar to Schedule i0 available to
industrial customers. Substantial savings are available under this schedule if the
facility does not obtain power from Virginia power on the 28 "A" days designated
annually. "A" days are the hottest and coldest high energy days. To avoid "A"
days and the higher energy pr[ce on these days. the customer would need to call a
toll-free telephone number after 5:00 p.m. the preceding day to determine the
classification for the next day. Local governments building a large new school that
will not be opened in the summer, or a new facility where a standby generator
could provide power on "A" days, should review this schedule.
COUNTY OF ALBEMAR! E
Office of Board of Supervisors
401 Mclniire Road
Charlo~-rdlle. Vrr~inia 22902-4696
(804) 296-5843 FAX (804] 296-5800
Charles S. Matin
Rixraana
Waiter E Perkins
Sall~ H. Thomas
May22,1998
Ms. Nancy Nicoletto
1309 Timberbranch Ct.
Charlottesville. VA 22902
Dear Ms. Nicoletto:
At the Board of Supervisors meeting held on May 20, 1998, the Board confirmed your
appo!ntment to the Housing Committee effective May 8, 1998. Your term will run through
December 31, 2000.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the Co%nty in this capacity.
Sincerely,
Forrest R. Marshall, Jr.
Cha/rman
FRM:lbh
cc: James L. Camblos, III
Larry Davis
Ginny McDonald
cnwpdocskbds&comm\appoint
Printed on recycled paper
County of Albemarle
BOARD OF SUPERVISORS
Office of Board of Coun_ty S.upervisors
401 Mclntire l~oad
Charlottesville, VA 229024596
(804) 296-5843
APPLICATION TO SERVE ON BOARD / COMMISSION / COMMITTEE
(please type or print)
Avplicant'sName ~,~C¥ Nl~O~7"7~l~ Home Phone
Home Address [~q -/~t4B641~B~-21/,-C~ O~t.~7" O..P/r~T'~-~WLi~'I 2~0~-.
Magisterial District in which your home residence is located A{//a-
Employer ~q~ C6)[~Ls;v'r~ ~, kJcP. Y=~M~ Phone qSP-
Date of Empinyment LY,,_/~ /~ ~ ? Occupation / Title ~$Xt.WA~J/TO ~ ~/tcc: P~.~I
. II '.-. __..
Years Resident in Albemarle County ~/ Previous Residence Oaq/~-7"lc~
Spouse's Name /5//I[- Number of Children
Memberships in Fraternal. Business. Church and/or Social Groups
Public. Civic and Charitable Office and 1 or Other Activities or Interest~
Reason(s/for De, ire to Serve on this Board / Commission / Commltt~
' ' / ' I ' ~''
~e ~o~fiou pmvi&d ou ~s ~plic~on will ~ ml~ m ~c p~c u~a ~ue~
~i~e
Re~ m: CIe~ B~ of Co~ Su~im~
~le
401 Me~ R~
C~lo~Hlq VA 229024596
I N T E R
0 F F I C E
MEMO
To:
From:
Subject:
Date:
Members Board of Supervisors
Laurie Hall, Senior Deputy Clerk
Housing Committee
May 14, 1998
Please confirm the University of Virginia's recommendation that Ms. Nancy Nicoletto
replace Ms. Elva Holland as its representative to the Housing Committee, with said term to
expire 12/31/2000.
COUNTY OF ALBEMARIJE
EXECUTIVE SUMMARY
BOARD OF SUPER¥ISORS
AGENDA TITLE:
Appropriation - School Fund
SUB JECT/PROPOSAL/REOUEST:
Request approval of appropriation #97059 in the
mount of $110,229.00 appropriating fund balances
for FY 96/97 cmyover and building rental fees.
AGENDA DATE:
May 20, 1998
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACItMENTS: Yes
STAFF CONTACY(S): ,~t~
Messrs. Tucker, Casmer, Breeden . REVIEWED BY: ./ff ' ' -
/
BACKGROUND:
At its meeting on April 6, 1998, the School Board approved the following appropriations.
DISCUSSION:
Appropriation of FY 96/97 school carryover ($96,402) and building rental funds ($13,827).
School Board Policy DB-E stipulates that schools shall be allowed to carry, forward no more than tee percent of its annual
appropriation in any given year. School Board Policy KG-R stipulates that forty percent of building rental fees collected shall be
returned to the rented facihty to be used toward the equipment replacement effort.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the appropriations, in the total amount of $110,229.00, as detailed on form
97059.
98.088
APPROPRIATION REQUEST
FISCAL YEAR: 97/98 NUMBER 97059
TYPE OF APPROPRIATION: ADDITIONAL X
TR3~NSFER
NEW
ADVERTISEMENT REQUIRED o YES
NO X
FUND: SCHOOL
PURPOSE OF APPROPRIATION:
APPROPRIATION OF SCHOOL FUND BALANCES FOR FY 96/97 CARRYOVER AND
BUILDING RENTAL FEES.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
2201 61101 6C1300 ED/REC SUPPLIES $3,416.00
2202 61101 601300 ED/REC SUPPLIES 2,3&7.00
2203 61101 601300 ED/REC SUPPLIES 599.00
2204 61101 601300 ED/REC SUPPLIES 4,149.00
2205 61101 601300 ED/REC SUPPLIES &,l15.00
2206 61101 601300 ED/REC SUPPLIES 7,688.00
2207 61101 601300 ED/REC SUPPLIES 1,747.00
2209 61101 6~1300 ED/REC SUPPLIES 1,970.00
22~0 61101 601300 ED/REC SUPPLIES 6~902.00
2211 61101 601300 ED/REC SUPPLIES 751.00
2212 61101 601300 ED/REC SUPPLIES 3,449.00
2213 61101 601300 ED/REC SUPPLIES 5,654.00
22t5 61101 6C1300 ED/REC SUPPLIES 1.309.00
2216 61101 601300 ED/REC SUPPLIES 9,716.00
2251 61101 601300 ED/REC SUPPLIES 2,567.00
2253 61101 601300 ED/REC SUPPLIES 10,315.00
2255 61101 6C1300 ED/REC SUPPLIES 8,002.00
2301 61101 601300 ED/REC SUPPLIES 35,370.00
2302 61101 6C1300 ED/REC SUPPLIES 163.00
TOTAL $110,229.00
REVENUE DESCRIPTION AMOUNT
2 2000 51000 510100 SCHOOL FUND BALANCE $96,402.00
2 2000 51000 510100 SCHOOL FUND BALANCE 13,827.00
TOTAL $110,229.00
REQUESTING COST CENTER: EDUCATION
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
ALBEMARL~ COUNTY PUBLIC SCHOOLS
Memorandum
DATE: May 14, 1998
TO: Rober~W.,~ker, Jr., County Executive
FROM: Kevin~s~r, Division Superintendent
RE: Reque s~/-f~r Appropriation
At lcs meeti]-cg on April 6, 1998 the School Board approved the following
approprla~ons:
o Appropriation of school carryover {S96,402) and building rental funds
($13,827). School Board Policy DB-E stipulates that schools shall be
allowed ~o carry forward no more than ten percen5 of its annual
appropriation in any given year. School Board Policy K~-R stmpulates
that forty percent of building rental fees collected shall be returned
to the rented facility to be used moward the ec~/ipmenm replacemen5
effort.
It is requested that the Board of Supervisors amend the appropriation
ordinance to receive and disburse these funds as displayed on the attachment.
xc: Melvin Breeden
Ella Carey
Appropriation Request
May 14, 1998
Page 2
2-2000-51000-510100
Expenditure
1-2201-61101-601300
1-2202-61101-601300
1-2203-61101-601300
1-2204-61101-601300
1-2205-61101-601300
1-2206-61101-601300
1-2207-61101-601300
1-2209-61101-601300
1-2210-61101-601300
1-2211-61101-601300
1-2212-61101-601300
1-2213-61101-601300
1-2215-61101-601300
1-2216-61101-601300
1-2251-61101-601300
1-2253-61101-601300
1-2255-61101-601300
1-2301-61101-601300
FY 96/97 SCHOOL CARRYOVER FUNDS
Appropriation -Fund Balance
Ed/Ree Supplies
Ed/Ret Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec supplies
$96,402.00
$3,344.00
$2,347.00
S360.00
$4,149.00
$3,451.00
$7,649.00
$1,747.00
$1,970.00
$6,838.00
$679.00
s3j087.00
85,654.00
$1,279.00
$8,472.00
$2,413.00
$10,250.00
$7,924.00
$24,789.00
S96~402.00
Revenu_~e
2-2000-51000-510100
Expenditures
1-2201-61101-601300
1-2203-61101-601300
1-2205-61101-601300
1-2206-61101-601300
1-2210-61101-601300
1-2211-61101-601300
1-2212-61101-601300
1-2215-61101-601300
1-2216-61101-601300
1-2251-61101-601300
1-2253-61101-601300
1-2255-61101-601300
1-2301-61101-601300
1-2302-61101-601300
F¥96/97 BUILDING RENT~]4 FEES
Appropriation - Fund Balance
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Ret Supplies
Ed/Ret Supplies
Ed/Rec supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Rec Supplies
Ed/Ret Supplies
S13,827.00
S72.00
$238.00
S664.00
$39.00
$64.00
S72.00
$362.00
$30.00
$1,244.00
$154.00
S65.00
$78.00
$10,581.00
~163,00
$13,827.00
FY 96/97 School Carryover Funds
Endos~el
Expenses:
BROADUS WOOD I 2201
BROWNSVILLE 1 2202
CROZET 1 2203 61101
GREER 1 2204 61101
HOLLYMEAD 1 2205 61101
MERIWETHER LEWIS I 2206 61101
RED HILL 1 2207 61101
SCOTTSVILLE I 2209 61101
STONE ROBINSON I 2210 61101
STONY POINT 1 2211 61101
WOODBROOK 1 2212 61101
YANCEY I 2213 61101
VIRGiNiA L. MURRAY I 2215 61101
AGNOR-HURT 1 2216 61101
BURLEY I 2251 61101
JOUE'Fr I 2253 61101
SUTHERLAND ~ 2255 61101
ALBEMARLE 1 2301 61101
TOTAL
Revenues
61101 601300 Education and Rec. Supplies
61101 601300 Education and Rec. Supplies
601300 Education and Rec, Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supl~lies
601300 Education and Rec. Suppties
601300 Education and Rec, Supplies
601300 Education end Rec. Supplies
601300 Education ane Rec. Supplies
601300 Education and Rec. Supplies
601300 Education and Rec. Supplies
501300 Education and Rec. Supplies
2 2000 51000 510100 Apprporiation of Fund Balance
3.344
2,347
360
4,149
3.451
7,649
1,747
1.970
6.838
679
3.087
5,654
1,279
8.472
2.413
10.250
7.924
24.769
96,402
96 402
Enclosure 2
FY 96/97 Building Rental Fees Collected
Broadus Wood
Crozet
Hollymead
Meriwether Lewis
Stone Robinson
Stony Point
Woodbrook
V.L. Murray
Agnor Hurt
Burley
Jouett
Sutherland
Albermarle
Western
1 2201 61101 601300 $72.00
1 2203 61101601300 $239.00
I 2205 61101 601300 $664.00
12206 61101 601300 $39.00
1 2210 61101 601300 $64.00
I 2211 61101 601300 $72.00
1 2212 61101 601300 $362.00
1 2215 61101 601300 $30.00
12216 61101 601300 $1,244.00
1 2251 61101 601300 $154.00
1 2253 61101 601300 $65.00
1 2255 61101 601300 $78,00
1 2301 61101 601300 $10.581.00
1 2302 61101 601300 $163.00
Total
40% $13,827.00
$IIBJECT: Fund Balance and
Appropriation of school
Carryover
Policy Reference DC
DATE: April ~. ~9~$
ENCLOSIIRES: ., 4 .
REASON FOR CONS!DEP~TION:
ACTION x INFORMATION
Backcround
Following the completion of the FY 1996/97 audit, information regarding
overall fund balance is presented for the Board's consideration, Informal!on
on FY96/97 end-of-year balance was presented on March 23, 1998.
~ministrative Consideratio~
The school fund balance is derived from three areas, the FY 1996/97
carryover, prior years' balances, and audit adjussments. At this time, total
school fund balance is $!,472,230. The FY 1996/97 balance of revenues vs.
expenditures (typically referred to as carryover) is $764,482 as shown on the
Year-End Ju/%e 30, 1997 Financial Report. The prior years' fund batailce ms
$172,676. A final audi~adjus=ment~was made regardin~ sales tax o~ $BB5.097.
This sales tax adjustment does not yield a~y. actual additional fund balance
for expenditure as these~ funds srereceived several mon%hsfollowin~ the
closing of the fiscal year.
Fumds available for allocation uoual $937,133. Of these funds $75.000
is used in the current year's budget and $680,000 is used in the FY98/99
budget, Available carryover totals only $182,158. Of this available fund
balance, $96,402 are school carryover funds (Policy DB-E) and $1~,827 are
building rental funds (Policy KG-R) which have typically been returned to the
schools.
$1,472~2~0
-S5~5.097
$937,133
$75 000
-S680 000
$96,402
S13,827
$71,904
Actual Fund Balance
Sales Tax Adjus%mens-no~ available
Total "Real" Fund Balance
FY 97/98 Committed Revenue
FY 98/99 School Board's Proposed Budget
School Carryover (Policy DB-E)
Building Rental Funds (Policy KG-R)
Available Fund Balance
Following re-appropriation cf these funds, the remaining available
balance would be $71,904.
Receive the report on the available fund balance information. Approve
return of school carryove~ ($96,402) and buildin~ rental funds (S13,827) to
schools. Staff recommends holding the available fund balance reserve of
$71,904 for the FY99/O0 fiscal year. Reques= the Board of Supe~-vlsors uo amend
the appropriations ordinance accordingly.
PREPARED
REVIEWED:
RECOMMENDED:
!TE~ N~u~4BER:
File: DB-E
Enclosure 3
ANNUAL BUDGET
Resolution
W~tERE~S, the Albemarle County School Board, in a resolution
dated June 14, 1993, requested the Board of Supervisors to allow
school-based accounts to carry forward their unexpended funds
from one fiscal year to another under the following conditions:
A school must submit a plan for the purpose of the use
of anticipated carry-over funds to the Superintendent
for approval if the amount exceeds $1000;
A school shall be allowed to carry forward no more than
ten percent of its annual appropriation in any given
year;
A school that incurs a deficit situation in one fiscal
year will have the deficit amount deducted from the
ensuing year's allocation;
Carry-over of school-based funds is contingent upon the
availability of these funds based on an analysis of the
school division's financial status. If the school fund
balances are ~eeded to offset division-wide
expenditures, i.e., fuel, compensation, etc., then
school balances may not. be ~vaila~!e .or may be prorated
for carry-over purposes as cetermined by the School
Board.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Albemarle County, Virginia, does hereby support, in principle,
the resolution of the School Board with the following added
condition:
Carry-over of school-based funds is always contingent on the
Board of Supervisors' determination of the overall financial
condition of the County and whether School FuDd balances are
needed to offset a revenue shortfall, fund a capital
project, or to mainualn or replenish the Counts~'s General
Fund.
I, Ella W. Carey, do hereby certify that the foregoing
writing, is a true, correct copy of a resolution unanimously
adopted by the Board of CounEy Supervisors of Albemarle County,
Virginia, at a regular meeting held on Augus~ 4, 1993.
of ~upervisors
~ALBL~V~RLE CC LrNTY PUBLIC SCHCOLS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Charlottesville-Albemarle Airport Authority Revenue
Bonds
SUBJECT/PROPOSAL/REQUEST:
Resolution to Approve Issuance of Airport Authority
Revenue Bonds
STAFF CONTACT(S):
Messrs. Tucker/Davis
AGENDA DATE:
May 20, 1998
ACTION:
CONSENT AGENDA:
ACTION: X
ITEM NUMBER:
INFORMATION:
INFORMATION:
ATTACHMENTS: Background documents; Resolution
REVIEWED BY:
BACKGROUND:
The Charlottesville-Albemarle Airport Authority plans to issue up to $3,000,000 of its revenue bonds to finance
the expansion and reCOnfiguration of the parking facilities at the Airport and to make improvements to roads
at the Airport. The Authority is scheduled to hold a public hearing at 10:30 a.m. on May 20,1998 to receive
public comment on this proposal. At the conclusion of the public hearing, the Authority intends to adopt a
Resolution asking the Board of Supervisors to adopt a Resolution to approve the issuance of the bonds by
the Authority,
DISCUSSION:
State law and the Internal Revenue Code require that the County approve the issuance of any private activity
revenue bonds which are to be used to finance improvements in the County. No public hearing is required
except for the public hearing to be held by the Authority. The approval of the bonds by the County does not
constitute an indorsement of the bonds and does not create any liability for the County in regard to the
issuance or payment of the bonds.
RECOMMENDATION:
Contingent upon the Authority holding its public hearing on May 20,1998 and approving a Resolution
recommending the approval of the revenue bonds, staff recommends that the Board adopt the attached
Resolution approving the issuance of up to $3,000, r~00 of revenue bonds by the Charlottesville-Albemarle
Airport Authority.
98.089
BOARD OF SUPER $ORS
3~-23-~ 8'~5 :5'
May20,1998
Board of Supervisors of
Albemarle County, Virginia
Charlottesville, Virginia
Charlottesville-Albemarle Airport Authority
Proposed Revenue Bond Financing
The Charlottesville-Albemarle Airport Authority (the "Authority") plans to issue up to
$3,000,000 of its revenue bonds (the "Bonds") to (1) finance the expansion and reconfiguradon
of the parking facilities at the Charlottesville-Albemarle Airport in Albemarle County, Virginia
(the "Airport"), including the acquisition, construction and equipping of related access ways,
control booths, and equipment, (2) pay the costs associated with acquiring, constructing,
rerouting and landscaping certain roads at the Airport and (3) fun.d certain reserve funds and pay
certain costs of issuance of such revenue bonds (the "Project").
As set forth in the resolution of the Authority attached hereto (the "Resolution"), the
Authority plans to issue its Bonds, has conducted a public hearing on the proposed financing of
the Project and has recommended that you approve the issuance of the Bonds as required by
Section 147(i) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 o£the
Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the
action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia
Code Section 15.2-4907, and (3) the form of resolution suggested by counsel ko evidence your
approval.
Secretary-Treasurer, Charlottesville-Albemarle
Airport Authority
CERTIFICATE
The undersigned Secretary-Treasurer of the Charlottesville-Albemarle Airport Authority
(the "Authority") certifies as follows:
1. A meeting of the Authority was duly called and held on May 20, 1998, at 10:30
o'clock a.m., in the Second Floor Conference Room at the Airport Terminal, at 201 Bowen
Loop, Charlottesville, Virginia 22901, pursuant to proper notice given to each Member of the
Authority before such meeting. The meeting was open to the public. The time of the meeting
and the place at which the meeting was held provided a reasonable opportunity for persons of
differing views to appear and be heard.
2. The Chairman announced the commencement of a public hearing on the proposed
issuance of revenue bonds and that a notice of the hearing was published once a week for two
successive weeks in a newspaper having general circulation in the County of Albemarle,
Virginia (the "Notice"), with the second publication appearing not less than seven days nor more
than twenty-one days prior to the heanng date. A copy of the Notice has been filed with the
minutes of the Authority and is attached as Exhibit A.
3. A summary of the statements made at the public hearing is attached as Exhibit B.
4. Attached as Exhibit C is a tree, correct and complete copy of a resolution (the
"Resolution") adopted at such meeting of the Authority by the unanimous affirmative vote of all
tbxee of its Members. The Resolution constitutes all formal action taken by the Authority ar
such meeting relating to matters referred to in the Resolution. The Resolution has not been
repealed, revoked, rescinded or amended and is in full force and effect on this date. The
Resolution also serves to amend in p the Authority s rmmbursement resolution adopted on
December 22, 1997 (the "Reimbursement Resolution"), by expanding the scope of the Project
(as defined in the Resolution) and increasing the maximum principal amount of the Bonds (as
de£med in the Resolution). The Reimbursement Resolution otherwise remains in full force and
effect. A true, correct and complete copy of the Reimbursement Resolution is attached as
Exhibit D.
WITNESS my hand and the seal of the Authority, this 20th day of May, 1998.
Secretary-Treasurer, Charlottesville-Albemarle
Airport Authority
[SEAL]
Exhibits: A - Copy of Certified Notice
B - Summary of Statements
C - Resolution
D - Reimbursement Resolution
-2-
1~:25 FAX 8049787214
DALLY PROGRESS
THE DAILY PROGR.ESS
6S$ W-EST RIO I%OAD
CHARLOTTESVILLE, VIt~GLN'IA 22906
CERTIFICATION OF PUBLICATION
I hereby cert~ ~hat The attached not~ce was published in "The Daffy Progress", a
newspaper in Chartottesvillc, Vir~inia~ and appeared in the issues(s) dated
Under My Hand This
Janie Norri--sl~-
Credk Manager
The Daily Progress
O5/[$/95
10:25 FAX 8049787214
DAILY FROGRESS
~ DAILY PROOKESS
685 V~ESi RIO ROAD
CI-I. AP~ O~SV~LE, VIRGE~TIA 22906
CERTIFICATION OF PUBLICATION
t hereby certify that the attached notice was published in '?lxe Daily Pro~s=, a
new~ap~ ~ C~lo~e~le, Vk~ffi~ ~d a~ed ~ ~e isles(s) da~ed
~[vm Under My H~d ~s
~Day of~ 19q~.
Credit M~er
~e DMIy Pro~ess
~003
EXHIBIT B TO CERTIFICATE
Summary of Statements
[Insert summary of statements made by anyone who appeared and addressed the Authority at
the public hearing,]
RESOLUTION OF THE
CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY
RECOMMENDING APPROVAL BY THE
BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA
OF A PROPOSED $3,000,000 BOND ISSUE
WHEREAS, the Charlottesville-Albemarle Airport Authority (the "Authority"), adopted
a reimbursement resolution on December 22, 1997;
WHEREAS, such reimbursement resolution, as amended in part by this resolution,
related to the proposed issuance of up to $3,000,000 of its revenue bonds (the "Bonds") to (1)
finance the expansion and reconfiguration of the parking facilities at the Charlottesville-
Albemarle Airport in Albemarle County, Virginia (the "Airport"), including the acquisition,
construction and equipping of related access ways, control booths, and equipment, (2) pay the
costs associated with acquiring, constructing, rerouting and landscaping certain roads at the
Airport and (3) fund certain reserve funds and pay certain costs of issuance of such revenue
bonds (the "Project");
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended [the
"Code"), requires that a public hearing be held before the issuance of the proposed bonds;
WHEREAS, the Code requires an issuer of private activity bonds to obtain host approval
as well as approval by the issuer's applicable elected representative;
WHEREAS, approval of the issuance of the proposed bonds by the Board of Supervisors
of Albemarle County, Virginia would constitute both host approval as well as approval by the
Authority's applicable elected representative: and
WHEREAS, a public hearing has been held on the Project and the proposed bond issue,
and the Authority desires to recommend approval of the Project and the proposed bond issue to
the Board of Supervisors of Albemarle County, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CHARLOTTESVILLE-
ALBEMARLE AIRPORT AUTHORITY:
1. The reimbursement resolution adopted by the Authority and relating to the
Project is ratified, reaffirmed and readopted in ali respects, except that the scope of the Project ~s
hereby expanded and the maximum pnnc~pal amount of the Bonds is hereby increased to
$3,000,000 as reflected in this resolution.
2. The Authority recommends approval of the Project and the proposed bond issue
by the Board of Supervisors of Albemarle County, Virginia.
3 This resolution shall take effect immediately upon its adoption.
Adopted this 20th day of May, 1998.
Secretary-Treasurer, Charlottesville-
Albemarle Airport Authority
-2-
A RESOLUTION DECLARING TIiE OFFICIAL INTENT OF
THE CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY TO KEIMBURSE
EXPENDITURES FOR PARKING IMPROVEMENTS
WITH PROCEEDS OF BONDS
WHEREAS, the Charlottesville-Albemarle Airport Authority (the '~Authority") intends
to make certain capital improvements ~o its parking facilities (the "Projects"), to pay costs of the
Projects prior to the issuance of bonds, and to reimburse itself for such expenditures from the
proceeds of such bonds; and
WHEREAS, legal counsel has advised that Treas. Regs. § 1.150-2 requires the Authority
to adopt a resolution in the form set forth below to preserve the Authority's ability to use
portions of the proceeds of the Authority's upcoming bond issues to reimburse itself for such
expenditures; now therefore,
BE IT RESOLVED by the Charlottesville-Albemarle Airport Authority that:
1 The Authority intends to finance the Projects through the issuance or incurrence of
bonds or other evidences of indebtedness (the "Bonds") in the maximum principal amount of
approximately $2,500,000.
2. The Authority reasonably expects to reimburse the expenditures made prior to the
issuance of the Bonds to finance the Projects from the proceeds of the Bonds.
3. This resolution represents a "declaration of official intent" under Treas. Regs.
§1.150-2(e).
4. This resolution shall be in effect from and after its adoption.
The undersigned Secretary-Treasurer of the Charlottesville-Albemarle Airport Authority
certifies that the foregoing is a correct and complete copy ora resolution adopted by unanimous
vote of the Authority's members at a duly called meeting of the Authority held on
Secretary-Treasurer
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: May 20, 1998
To the Board of Supervisors
of Albemarle County, Virginia
Applicant:
Facility:
Charlottesville-Albemarle Airport Authority
Improvements and Construction at the Charlottesville-Albemarle Airport
1
2.
Maximum amount of financing sought.
$ 3,000,000
Estimated taxable value of the facility's real
property to be constructed in the municipality.
$ (3
Estimated real property tax per year using
present tax rates.
Estimated personal property tax per year
using present tax rates.
Estimated merchants' capital tax per year
using present tax rates.
Estimated dollar value per year of goods and
services that w411 be purchased locally.
Estimated number of regular employees on
year round basis.
Average annual salary per employee.
$
Chairman, Charlottesville-Albemarle Airport
Authority
David R Bo~erman
Cha~o~e ~. Humph~s
COUNTY OF ALBEMA~I F
Office of Board of Supennsers
401 Mclntire Road
Charlot~:esville. Vm~inia 22902-4596
(8041 29fi-58q3 FAX (804) 296-5800
Charl~ S. Martin
Walter E Perkins
Sally H. Thomas
May 22, t998
Ms. Barbara Hutchinson
Charlottesville-Albemarle Airport Authority
201 Bowen Loop
Charlottesville, VA 2291 t
Dear Ms. Hutchinson:
At its May 20. 1998 meeting, the Board of Supervisors adopted a resolution on the
Charlottesville/Albemarle Airport Parking Project Bonds. I have enclosed the original signed
resolution.
Please call me if you have any questions. Thank you.
Sincerely,
Laurel B. Hall
Senior Deputy Clerk
Attachment
Printed on recycled paper
RESOLUTION
OF TI-IE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Charlottesville-Albemarle Airport Authority (the "Authority"),
proposes to issue up to $3,000,000 of its revenue bonds (the "Bonds") to (1) finance the
expansion and reconfiguration of the parking facilities at the Charlottesville-Albemarle
Airport in Albemarle County, Virginia (the "Airport"), including the acquisition, construction
and equipping of related access ways, control booths, and equipment, (2) pay the costs
associated with acquLring, constructing, rerouting and landscaping certain roads at the Airport
and (3) fund certain reserve fimds and pay certain costs of issuance of such revenue bonds
(the "Project"), and has held a public hearing on May 20, 1998;
WHEREAS, Section 147(~) of the Intemat Revenue Code of 1986, as amended (the
"Code"), provides that (1) the governmental unit having jurisdiction over the area in which
any facility financed with the proceeds of private activity bonds is located and (2) the
applicable elected representative of the issuer of private activity bonds must approve the
issuance of the bonds;
WHEREAS. the Authority is a political subdivision located within the geographic
jurisdiction of the County of Albemarle, Virginia (the "County"); the Project is located in the
County and the Board of Supervisors of the Albemarle County, Virginia (the "Board")
constitutes the highest elected governmental unit of the County as well as the applicable
elected representative of the Authority;
WH~EREAS, the Authority has recommended that the Board approve the issuance of
the Bonds; and
WHEREAS, a copy of the Authority's resolutions approving the issuance of the
Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal
Impact Statement have been filed with the Board.
NOW, TI-~REFORE, BE IT. RESOLVED BY THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority, as required by
Section 147(0 of the Code and Section 15.24906 of the Code of Virginia of t950, as
amended (!'Virginia Code"), to permit the Authority to fmance the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Authority.
3. Pursuant to the limitations contained in Temporary Income Tax Regulanons
Section Sf. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the
date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of Albemarle County, Virginia this day of
May 20. 1998.
Clerk,
Board of Super)isors of
Albemarle Co~__~?JVirginiat
[SEAL]
BOA C? UPERVI$ORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
VDOT Revenue Sharing Program
SUBJECT/PROPOSAL/REQUEST:
Opportuqity to apply for Additional Revenue Sharing
Funds
STAFF CONTACTiS):
Messrs. Tucker,Cilimberg,Benish, Wade
AGENDA DATE:
May 20, 1998
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
Pursuant to Section 33.1-75.1[D] of the Code of Viminia. the County has an opportunity to request additional
revenue sharing funds. The funds will come from unused allocation from FY97-98. Twenty-four counties are eligible
to apply for the unused allocation, which total $378,500.
(see Attachment A)
DISCUSSION:
The County allocated $500,000 for revenue sharing in FY 1997-98. In 1997-98 the County has received $358,362
which was applied to the Airport Road project. The County can apply for up to $25,000 in additional funds. Staff
recommends the $25,000 also be designated for the Georgetown Road and Meadow Creek Parkway projects (see
Attachment B).
RECOMMENDATION:
Staff recommends the Board of Supervisors participate in securing additional revenue sharing funds to be
designated for the Georgetown Road and Meadow Creek Parkway projects.
98.093
TEL:804 979 J759
ATTACHMENT A
Dca~ Coun!lr
Opportunity for A(:lditidhal AllocaIiun
Coumy ~Prirtm~ and Second~ry Fund
(Ib~venu~ Shm'ing
FY 9%98
9~-98 County Primary and Secondary Fund (Revenue Sbaring Program), pursuant to
Section 33.1-75.t[D] of thc ~ Twenty, four coUnties
for thc Unused ~llocation, which to,~ $378;500
If your county wishes to'apply, plea,~ r~spond in vaiti-_~ u
indicating the amount of fox~ lzqUesU~i up to $25,000 and a pfiodt~ listing
projects
in conjunction with your VDOT. Resi/k'ut Engineer.
Ii'thc tolal funding requests exceed tho amount available, all requests will be. _
/0rotated acco~;ngly. Also, thc coUnty must be
allocation from its general fund prlo.r to advertisement of the work to
later than Jnne 30, 1998, whichever is ~rlier. '
If youhave any questioms; please feel fr~e to corga~thc Sccondar/RondS
Division at (g04) 786-6663.
Stale Secondary Roa~ Engi~r
attachment
1~:. lVk. lam~ W. Ag)~ll
Distr~ct Atiminiltra~'~
R~idcnt ~,n~inc~l~ -
I N T E R
0 F F I C E
MEMO
To: Juan Wade
From: Laurie Hall ~(~
Subject: VDOT Revenue Sharing Funds Resolution
Date: May 22, 1998
Attached are the original Resolution and attachment B for theVDOT Revenue Sharing
Program adopted by the Board of Supervisors at their May 20, 1998 meeting.
Attachmems: 2
ce: Wayne Cilimberg
RESOLUTION
WHEREAS, the Coumy Primary and Secondary Road Fund, more commonly known as the
"Revenue Sharing Program," allows the Virginia Department of Transportation (VDOT)
to provide state funds to match local funds for the construction, maintenance or
improvement of primary and secondary highways in the county; and
WHEREAS, the Board of Supervisors was recently notified that it has the opportunity to request
an additional allocation from the FY 1997-98 Revenue Sharing Program;
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
requests an additional $25,000 in Revenue Sharing Funds and that the funds be
designated to the Georgetown Road and Meadow Creek Parkway projects, as set out on
Attachment B. The Board acknowledges that it must be prepared to match the
supplemental allocation from its general fund prior to advertisement of the work to be
performed or no later than June 30, 1998, whichever is earlier.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true. correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote
of five to zero on May 20. 1998.
Cler¥[[, C~unty Board of Supemisors
David P. Bowerrnan
Rio
Charlotte Y. Humph~
Formst R. Mamha]i, Jr.
COUNTY OF ALBEMAR! .F.
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4,596
(804) 296-584~ FAX (804) 296-5800
Charles S. Martin
Walter E Perkim
Sally H. Thomas
May22,1998
Ms. Helen Daniels-Carpenter
Jefferson Area Board for Aging
674 Hillsdale Drive
Charlottesville, VA 22901
Dear Ms. Daniels-CarpenTer:
At its meeting on May 20, 1998, the Board of Supervisors proclaimed June 4th through
une l lth, 1998 as Nurse Assistants' Week and June 4th. 1998 as Career Nurse Assistants' Day.
Attached is the signed proclamation.
Sincerely,
Laurel B. Hall
Senior DepmyClerk
Attachment
Printed or~?cycled paper
NURSE ASSISTANTS' WEEK
AND
CAREER NURSE ASSISTANTS' DAY
the nursing homes, home care agencies, assisted lieingfacilities, day care centers and
hospitals in the communify haee accepted responsibilifyfor pro~idtng care to many
of oar frail elderly and chronically ill citizens; and
many nurse assistants, home care aides and other caregirees pro~ide consistent and
compassionate care to the citizens of Albemarle Counfy; and
WHEREAS,
the conscientious nurse assistant, home care aide or caregi~er contributes to the
qualify of life and the qualify of care receieed by tl~se citizens; and
WHEREAS,
home care agencies, nursing homes, hospitals, day care centers and assisted li~tng
facilities in this communify are sponsoring actieities in recognition of the
contributions of the nurse assistant and other direct care providers;
NOW, THEREFORE,
1, Forrest R. Marshall, Jr., Chairman, on behalf of the Albemarle Board
of Counfy Supervisors, do hereby proclaim
JUNE 4TH THROUGH JUNE I I TH, 1998,
NURSE ASSISTANTS' WEEK and
JUNE 4TH, 1998
CAREER NURSE ASSISTANTS' DAY
throughout this communify, and encourage all residents to join ~vith the .
Board of Supereisors in recognizingthe qualify of care gi~en to o~r citizens
tn long term care facilities by these important caregi~ers.
Signed and sealed this 20th day of May, 1998.
BOARD OF COUNTY SUPER VISORS
TEL 804 978 5645
dEFFER$ON AREA BOARD
FOR Afillq 61
6?4 HILLSDALE DRIVE
CiIARLOTTESV'ILLE, Y'&. 22901
FACSIMILK TP, AIqSMITTAL, SHKF~T
)1C¢, KeysfenePlace
~' ' -~CharJbltes~iife; '¢_,A22Cj¢2-6~200
· We are pleased m prov. idd, Tpu.,~. the third qu..a~er report for JAUNT~erv~ces in
- ?¢/,/k[[b marl;e.C mary - ' / -'
--- Third Quarter EstirfiatedTrips ~'ActualT~rips*EsuffcgtedHoars Actuat-~Ho~s
A~g?n¢y. - - ~,:/~ .4,998 .. '. - 4,~559 ' ~.,.. 2,608.. ~ 1,9-1~9
5,391 , 5,72~- 2;5'49 . 2,636
29-'N~i~h '"~- ~ '" 180 ' '?[388 ' '~7136';~' ¢-'¢ 798/
Th.t~ ~:" t 1 ' ...... 7;95'5 '" ~7,3~56~
, ,~ 6,027 5,969,
At tiffs time ,we,do nqt?Ct~c~patej~any budget sh6rtfall ~or the current fiseal year:
"bas&t ;on ~e services proviaed~m.~.~ :..Ce third,quarter. ~ ~
,. * (8'04) (¢o4)
Pi~One: (884) 296-3184; (800~,-$6JAUNT Operbtions 296-6174 [~V_oicd & TDD)~, Fax: ,2,96-4269
COMMONWEALTH OF VIRGINI430~LRD OF sUPER'VISORS
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
TO:
FROM:
SUBJECT:
SUPTS. MEMO. NO. 3
May 8, 1998
Division Superintendents
Paul D. Stapleton
Superintendent of Public Instruction
Results of the 1998 Special Session of the General Assembly
School Construction
On Friday, April 24, 1998, the General Assembly passed legislation (Senate Bill 4005) which
included a formula for distributing the school construction funds that were approved by the
General .Assembly during the regular 1998 Legislative Session. This bill has been enrolled and
communicated to the Governor.
The formula adopted by the General Assembly is the same as that proposed by Governor
Gilmore and included in Executive Order Number Six which was scm to you in Informational
Superintendent's Memo 58 on April 17, 1998. The one significant change fxom Governor
Gilmore's proposal is that the General Assembly added a required local match based on each
locality's composite index.
In summary, the formula distributes $55 million in each year of the 1998-2000 biennium~ The
methodology first dislributes $200,000 to each school division in each fiscal year as a floor. The
balance of each year's appropriation is then distributed on the basis of the composite index and
Average Dally Membership of each school division.
As stated earlier, a local match is required to receive these state funds. The amount of the match
will be based on the composite index and calculated by multiplying each locality's index by its
grant amount.
School divisions may use these funds for, "school constmction~ additions, infrastmcture~ site
acquisition for public school buildings, and renovations, including the costs of retrofitting or
enlarging public school buildings; further, ifa school division has completed any such projects
during the previous ten years, the grants may be used for debt service payments or a portion
thereof." The required match also must beused for these purposes.
SUPTS. MEMO. NO. 3
May 8, 1998
Page 2
The legislation further states that, "The mount of each grant awarded to a qualifying school
division in any fiscal year shall not exceed 100 percent of the school division's aggregate annual
xpend~tures.., for the purposes stated m the previous paragraph. This means that ifa school
division does not have annual expenditures equal to the gram mount plus the required match,
the grant amount must be reduced to meet the intent of this language.
Please be aware that this formula including the match is only a temporary formula that will be in
place for fiscal year 1999 and fiscal year 2000. The legislation passed by the General Assembly
specifically states that, '~Ail funds appropriated for financial assistance for the purposes of this
chapter for subsequent fiscal'years shall be apportioned and distributed among the schooi
divisions of the Commonwealth in accordance with eligibility and needs criteria to be established
by the 2000 Session of the General Assembly. In developing such eligibility and needs criteria.
the 2000 Session of the General Assembly shall consider the recommendations of the '
Commission on State Funding of Public School Construction."
The legislation passed by the General Assembly requires the Board of Education to issue
guidelines for adminislzation of the program. These guidelines will include the procedures for
distribution of the grants in accordance with this legislation, including the process that school
divisions will have to follow m qualify for receiving these grant funds. These guidelines will be
distributed to you after they have been adopted by the Board of Education.
Finally, Senate Bill 4005 also created the Commission on State Funding of Public School
Consmaction to study the issues and criteria that should be considered in establishing a
permanent funding methodology for school conswaction. The Commission's findings and
recommendations must be submitted to the 2000 Session of the General Assembly. Attachment
A includes the language creating the Commission.
Other Budgetary_ Action
The General Assembly also amended the budget passed in March for the 1998-2000 biennium.
Inflation factors were updated to reflect the fa'st quarter of 1998 projections which reduced the
Basic Aid and Salary Supplement per pupil amounts that were provided to you in Regulatory
Superintendent's Memo 1, dated March 19, I998. The changes to Basic Aid also impact your
entitlements for At-Risk Payments and Enrollment Loss since the funding for these program~ is
derived fi-om the Basic Aid per pupil amount.
Attachment B provides a spreadsheet that shows only the changes resulting fi-om the actions
taken during the Special Session. This information includes the amount of your construction
grant for each year as well as your required local match. Attachment C contains your revised
entitlement sheet showing all accounts including the revisions described above.
If you have any questions, please contact Daniel S. Timberlake, Assistant Superintendent for
Finance, at (804) 225-2025 or June Eanes, Budget Director, at (804) 225-2060.
PDS~st
Attachment A
Commission on State Funding of Public School Construction
§ I. That the Commission on State Funding of Public School Construction is hereby established.
The CommissiOn shall becomposed of 12 members, Which shall include 7 legislative members
and 5 nonlegislative citizen members as follows: the Co-Chairmen ofthe House Committee on
Appropriations, or their respective designees, the Co-Chairmen of the House Committee on
Finance, or their respective designees; the Co-Chairs oftbe Senate Committee on Finance, or
their respective designees, one additional member of the Senate to be appointed by the Senate
Committee on Privileges and Elections; and five cif~zen members, who may or may not be
employees of the Commonwealth, to be appointed by the Governor.
§ 2, The Commissmn shall recommend to the General Assembly (i) a statewide method for
assess'rog and quantifying the public school, comtmction and renovation needs of local
governments and (ii) specific eligibility and needs criteria to govern the disbursement and
apportionment of funds to local school divisions under the Virginia Public School Construction
Grants Program. The eligibility and needs criteria shall include, but need not be limited to,
provisions which address the following: (i) factors to be applied to all localities to measure actual
need; ~ii) factors to be applied to all localities to measure local effort to meet actual need; (iii)
factors to be applied to all localities to measure local ability m pay for actual need; (iv) factors to
be applied to all localities to rec%tmi?e local innovations and activities to improve the quality of
and options for education, including, but not limited to, efforts to reduce class sizes;
appropriate combinations of funding resources for the eligible projects, including grant funds,
local funds, Literary Fund loans, and bonds or other funding through the Virginia Public School
Authority, and moneys obtained from any other public or private funding sources; (vi)
restrictions on the use of grant funds, if any; (vii) requirements for the availability and pledge of
local matching funds; and (viii) procedures for determining priority for awarding grants to
qualifying school divisions.
§ 3. The Senate Committee on Finance, the House Committee on Appropriations, and the
Division of Legislative Services shall provide staff support for the Commission. All agencies of
the Commonwealth shall provide assistance to the Commission, upon request.
§ 4. The Commission shall complete its work in time to submit its findings and
recommendations to the Oovemor and the 2000 Session of the General Assembly.
ABG -FINANCIAL SERVICES. INC.
May 1I, 1998
P.C BOX 8
?tqURCHVILLE M?,RYLAND 21028
410-879-99 D
FAX 410-S38-5369
Ms. Arlene Hernandez
Assistant Treasurer
The Bank of New York
10 l Barclay Street, 21W
New York. New York 10286
g OglA l /dfl8 dO (PSVO a
Re: Arbor Crest Apartments (Hydraulic Road Apts.)
Dear Ms. Hemandez:
Enclosed please find a copy of the Bond Program Report for the above referenced project for the
month of April 1998.
If you have any questions, please do not hesitate to call me.
Sincerely,
~heila H. Moynihan
Project Monitor
rshm
enclosure
cc: Ms. Ella W. Carey, Clerk, CMC
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Effective April 30, 1998
MONTHLY REPORT PURSUANT TO
SECTION 7(a) OF THE DEED RESTRICTIONS
ASG Associates, Inc.
300 E. I~d Street
Baltimore, Maryland
21202
RE:
Hydraulic Road Apartments - Arbor Crest Ap ar Un ants
Charlottesville, Virginia
Pursuant to Section 7(a) of the Deed Restrictions (the 'Deed
Restrictions'), as defined in an Indenture of TrUst dated as of
April l, 1983, between the Industrial Development Authority of
Albemarle County, Virginia (the 'Authority'), and your bank, as
trustee, the undersigned authorized representative of
Richmond-Albemarle Limited Partnership, a Virginia Limited
Partnership (the 'Purchaser'), hereby certifies with respect to
the operation and management of Hydraulic Road Apartments,
Charlottesville, Virginia (the "Project"), that as of the date
shown below:
I) The number of units in the Project occupied by
lower income tenants is 15
2)
The number of units in the Project unoccupied and
held available for Lower Income Tenants is -0-
3)
The number of units
held available for
(1) and (2) is 51
rented and the number of units
rental other than as described
in
4)
The percentage that the number of units described in
(1) and (2) hereof constitute of the total number of
units in the Project is 23% .
5) The information contained in this report is true,
accurate and correct as of the date hereof.
6)
As of the date hereof, the Purchaser is not in
default under any covenant or agreement contained
in the Deed Restrictions or in an Agreement of Sale
dated as of April 1, 1983, between the Authority and
the Purchaser.
IN WITNESS WHEREOF, the undersigned has signed this Report as of
May 5, 1998
RICHMOND-ALBEMARLE LIMITED
PARTNERSHIP, a Virginia
limited partnership
Authorized Representative
April ¥ea¢1998
Arbor Crest Apartments (Hydraulic Road Apts.)~o~tl:
P~oper~y:
LO<,,tion: Charlottesville,. VA Number of Unit~
Loretta Wyatt May 5, 1998
Subm~tt~ by:
Ma~r
I. LOWER IN, COME
051-35371
66
Effective 4/30/98
Total Occupied 66
Bond Occupied 15
t 4 Arbor Crest Dr 2!.Beverly T. Lane~, 41
2 6 Arbor Crest Dr 22 Wilma M. Atkinson 42
~ 7 Arbor Crest Dr 23 Ruth Jones
4_ 9,,Arbor Crest Dr 24 Virginia Burton
5 Ih Arbor Crest Dr 25 Betty L. Reed 45
6 18 Arbor Crest Dr 26, A. nn S, Kemp
7 30 Arbor Crest Dr 27 Mary Cox Allen 47
8 66. Arbor Crest Dr 21 Sam Atherton 48_ ~ ,
9. 56 Arb. pr Crest Dr 29 Hetyn E. O'Boyle 49 ....
%0 70 Arbor Crest Dr :30 Ernest M. Nease
%% 76 Arbor Crest Dr 3~ .A, nn G. Saylor ~1 . TI. ,
12. 84 Arbor Crest Dr 32 Juanita Boliek 52 72
13 88 Arbor Crest Dr 33 Nancy G. Foley 53
14 90 Arbor Cr~..st Dr 34 Betty B. Elliott ~4 74.
15 .94_ Arbor Crest Dr 3.5 M. Eileen Knick 55 75
15 ~6 56 76.
~?. 37 , 57
,8 38 ~. ,, 71...
T9 _ 39 .. . 59 .
20 ..... 40 60 ....
t :It , 1 _
2 ~, 12 2
3 ,, 13 3
4 .., t4 4..
6 16, , 6
7 _ 17
I 18
6 ~9 9
'~0 20 10,
11
12.
13.
14.
15.
18
17,
11.
20,
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Susan Thomas, Senior Planner
David Hirschman, Water Resources Manager 'z~k~-
April 6, 1998
Conditions of Approval for SP-97-37 - Moores Creek Restoration
The Engineering Department recommends the following conditions of approval for SP-97-37, Moores
Creek Stream Restoration at Azalea Park:
Approval of an erosion and sediment coutrol pmn by Albemarle County and the City of
Charlottesville OR the Virginia Soil and Water Conservation Board, in accordance with Section
10.1-563(A) of the Virginia Erosion & Sediment Control Act and Section I9.3-11 of Albemarle's
Water Protection Ordinance (pertaining to projects that involve more than one jurisdiction).
Engineering Department receipt of proof of compliance with Federal and State permits for
stream channels and wetlands.
Engineering Department approval of hydrologic and hydraulic computations to demonstrate
compliance with sections 30.3.2.2 and 30.3.3 of the Zoning Ordinance for impacts to flood plain
elevations, This includes Engineering Department approval of the design of the low-water
stream crossing on the intermittent stream to provide maintenance access to the restoration
project, and approval &the location ora soil stockpile for excess material.
Engineering Department receipt of as-built cross-sections of the post-restoration stream channel
for purposes of the Moores Creek stormwater model.
Engineering Department approval of a mitigation plan in accordance with Sections 19.3-45
and 19.3 -46 of the Water Protection Ordinance.
Please let me know if you have any comments or questious about these conditions of approval.
D.IH/3 bv
Copy: Jack Kelsey, Chief of Engineering
File: DavidkSP9737
COUNTY OF ALBEMARLE BOARD OF SUPERVISORs
Dept. of Planning & Community Development
401 Mclntire Road iV;-' '~-c^~ ~-~ ].~L
Charlottesville. Virginia 22902-4696 ~ ~ ~ :'' '-~
~804~ 296-5823
April 16, 1998
David Hirschman
Engineering & Public Works
401 Melntire Road
Charlottesville, VA 22902-4596
RE: SP-97-37 Moore's Creek Steam Restoration at Azalea Park
Tax Map 76, Parcel 55E
Dear Mr. Hirschman:
The Albemarle County Planning Commission, at its meeting on April 7, 1998, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the uses outlined in memo dated April 6, 1998 from David Hirschman,
Water Resources Manager (copy attached).
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 20, I998. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least
seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Susan Thomas
Senior Planner
SET/jcl
cc: ~arey
Jack Kelsey
Amelia McCulley
City of Charlottesville Public Works
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN E. THOMAS
APRIL 7, 1998
MAY 20, 1998
SP 97-37 CITY OF CHARLOTTESVILLE: MOORES CREEK STREAM
RESTORATION AT AZALEA PARK
Applicant's Proposal
The applicant, City of Charlottesville, proposes to repair streambank erosion on a portion of
Moores Creek in Azalea Park. While the park is in the City, one of the creek's banks is part of
the property described as County Tax Map 76 Parcel 55E. Section 30.3.5.2.1 (5) of the Zoning
Ordinance allows "bank erosion structures" within the floodway by special use permit.
Petition
Request for a special use permit for stream restoration [30.3.5.2.2(3)], inAzalea Park on Moores
Creek. Property, described as Tax Map 76 Parcel 55E, is located on the east side of Old
Lynchburg Road (State Route 780), in the Scottsville Magisterial District. It is zoned RA (Rural
Areas), FH (Flood Hazard), and lies within a designated Entrance Corridor. It is recommended
for Parks and G-reenways in Urban Neighborhood Five in the.Comprehensive Plan.
Character of the Area
Azalea Park was established .by the City of Charlottesville more than twenty years ago. It offers
a baseball field, basketball courts, and a picnic area~ Over the years, residential and commercial
development has increased within the Moores Creek watershed, thus increasing nm-offand
seriously destabilizing the creek's banks within the park boundaries and elsewhere.
RECOMMENDATION:
Staffhas reviewed the proposal for conformity-with the Comprehensive Plan, and the criteria
listed in Section 31.2.4.1 of the Zoning Ordinance, and recommends ~approval.
Planning and Zoning History_
The property on the south side of the stream lying within the County is zoned RA, Rural Areas.
The property owner has agreed to allow the City to pursue this project to repair that portion of the
bank of Moores Creek which is a part of his property.
Comprehensive Plan
The main purposes of parks and recreation facilities as stated in the Comprehensive Plan are "(1)
the provision of activity-related recreation opportunities; and, (2) the preservation of sigrdficant
environmental or historic resources." In addition, parks are classified as neighborhood,
communiw, district, and county based on functions and services that they provide. Azalea Park
fulfills both purposes of parks as described by the Comprehensive Plan, and would be classified
as a neighborhood park, were it in the County.
STAFF COMMENT:
In making its recommendation for all Special Use permits, staff addresses the provisions of
Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for iises as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property_.
In its present condition, the banks of Moores Creek act as a substantial detriment to adjacent
property. If the past erosion is not repairedi the results could effect not only the County and City
property in the immediate area of the park, but also land both up- and downstream. Thus, any
impacts to the'floOdplain are positive, and positively affect adjacent property.
that the character of the district will not be changed thereby.
The character of the district will be not be changed but improved by the stabilization. The
appearance of the creek will be enhanced, therefore providing a much more scenic park for
surrounding neighbors to enjoy and also benefitting the Entrance Corridor. Further, their
property will no longer be threatened by the potential for damage caused by further erosion of the
creek's banks.
and that such use will be in harmony with the purpose and intent of this ordinance.
Staffhas reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5, and 1.6.
Staff finds ne conflict with any of these Sections of the ordinance. Staff would like to point out
that the bay& erosion structures proposed by the City will serve to promote the intent of the
Ordinance as stated in the following sections:
1.4.1 "To provide for adequate light, air, convenience of access and safety from fire,
flood and other dangers."
1.4.3 "To facilitate the creation of a convenient, attractive and harmonious community;"
with the uses permitted by right in the district.
The proposal to prevent further erosion of the banks of Moores Creek will not interfere in any
way with the permitted residential or public uses on surrounding property.
with additional re_~lations provided in Section 5.0 of this ordinance.
Section 5.0, Supplementary Regulations, of the ordinance does not address the reques~ of the
Special Use pea'mit to allow for bank erosion structures.
and with the public health, safety_, and general welfare.
Staff carmot identify any adverse effects to the public health, safety, and general welfare that will
occur if the bank erosion repair is approved. On the contrary, an improvement to the banks of
Moores Creek will serve to improve the public health, safety, and welfare, as the threat of water
damage to nearby property, will be greatly reduced. The impact on the floodplain will only be
positive.
SUMMARY:
The proposed erosion control plan for Moores Creek will have no adverse impact on the adjacem
property surrounding Azalea Park, or on the floodplain; it will only serve to improve the overall
appearance of the park and protect residents Who Own property near the creek from flood
damage.
RECOMMENDED ACTION:
Staff recommends approval of SP 97-37.
.ATTACHMENTS:
A - Location Map
B - Justification for Special Use Permit by Applicant
C - Photographs
[:IGENE~I1- ISHAREITHOM~SLdZALEA.RPT
ALBEMARLE COUNTY
SAMUEL MILLER, SOOT .TSVILLE
AND ,JACK JOUETT DISTRICTS
~TTACHMENT AI'
SECTION 76
MOORES CREEK STREAM RESTORATION
AT AZALEA PARK
j ATTACHHENT B i
SPECIAL USE PERMIT APPLICATION
DESCRIPTION OF REOUEST
Moores Creek is a tributary to the Rivanna River that runs through Azalea Park. a park
operated by the City of Charlottesville Parks Division. Over the past several decades, the
stream has been changing its-course and has become very unstable. Streambank erosion is
severe and has claimed park land. is threatening a ball field, and, in general, has diminished
the aesthetic, ecological, and recreational quality of the park. Watershed impacts that have
contributed to this degradation include stream channelization in the headwaters due to Route 29
and railroad developmem, upstream development, and historic removal of riparian vegetation
within the park itself.
The neighborhood association surrounding the park initiated efforts to "fix" the stream and
worked with the City staff to secure funding for the project. It is the intention of the City to
stabilize the stream through the park. However, it is imperative that this stabilization be done
in a way that is ecologically-sound and that enhances the aesthetic and recreational use of the
streamside area. In particular, the intention is to use channel stabilization techniques based on
concepts of fluvial geomorphology (studying patterns and dynamics of the entire stream system
and sediment transport functions) in conjunction with soil bio-engineering methods and the
replanting of riparian and streamside vegetation..The stabilization design must also be
coordinated with an Azalea Park plan being developed as part of an overall City Parks Master
Plan.
A "stream team," with representatives from local and state environmental agencies, has
conducted field work, performed preliminary geomorphologic and engineering analyses; and
developed a concept plan for the stabilization project. Early in 1997, the firm of Biohabitats,
Inc. was retained to work with City staff and the stream team on the stream stabilization
design. The Water Resoumes Manager has coordinated technical work and permitting for, the
project,
At present, a 50% design plan has been completed, state and federal environmental permits
have been obtained, and a flood plain analysis has been conducted A final plan and erosion
and sediment control plan will be completed sometime this spring/summer. The City is
currently negotiating with the adjacent landowner (across the stream) on an access and
maintenance easement for the project. The desired schedule is to construct the project during
the fall and winter of '98. including the channel realignment and installation of soil bio-
engineering features and riparian plantings.
This project represents the first stream restoration project of its scale and nature in this region,
and is being looked at as a state-wide model for the geomorphology approach. If successful.
we will be seeing more projects of this type to restore habitat, improve water quality
(particularly the delivery of fine sediments), and enhance the aesthetic and/or recreational
value of our streams. The model can be particularly relevant to the watershed of the South
Fork Rivanna Reservoir, where sedimentation from eroding streambanks has been a long-
standing problem. In the interests of promoting this approach, a grant from the Chesapeake
Bay Restoration Fund has been secured to construct an educational display at the park. The
display will interpret issues of stream dynamics and restoration for the general public and
others interested in conducting stream restoration projects.
The 50% plan is available for review in the office of the Water Resources Manager.
JUSTIFICATION
At present, the stream area is fenced off from the rest of the park by a chain-link fence and
"DANGER - BANK EROSION" signs. It is tragic that the most interesting feature of the
park. Moores Creek, cannot be enjoyed (by either park visitors or aquatic creatures).
Habitat within the stream channel and surrounding r~parian area has been severely
compromised by bank erosion and the smothering of the streambed with find sediments and
sand.
The recently completed "Moores Creek Watershed Study" documents that sediment is one of
the primary pollutants of concern in the Moores Creek and Rivanna River basins. Streambank
erosion is perhaps the major contributor to excessive sediment loads in these basins.
For all of these reasons -- recreation, ecological value and habitat, and water quality -- the
project makes sense. Perhaps the most compelling argument, though, is the fact that this
project will pilot a technique, both regionally and state-wide, whereby degraded streams can be
repaired by other than traditional engineering approaches (such as rip-rap). The use of fluvial
geomorphology concepts and streambank soil bio-engineering are emerging technologies that
hold much promise for ecological stream restOration.
Of course, site tours are available for interested parties. Contact David Hirschman in the
Engineering Department at 296-5861 (or internally at extension 3410).
water ReS6urces Manage?
'- ~ ReStori~tion Project · ? . ~
-Cason Family
' i~: <.AS'you know from our discussions regarding the Mbore's .Creek Restoration project,
' proposed: by the: City of Charlotteswtle,, the Cason famffy owns the, adjoining: paree[ to Azalea
:: i~>ai:~,:iliarin~ the C~eelc With Azatea Park aS the commonb0nndaryqsetween the two:properties
: .Y0u~ hiive-be~n.very helpfti[ to us. in assisting in the ~xplana, tion, o15 not 0nly, theCmekrestoration
', ' plan. 6fit the;currea~r Albemarle County ordinances regardifig floodhazardl overlay area; and the
· · - -Asl,many in, Albemarle County; .the City of Charl.ott~ville. and: the sun-ounding are~;
· kn0w;'the CaSon family has been in the nurserL produce ~ind~ landscapingbusiness for over-90,
· ~.eam.: The hmity has, farmed the immediate a.r~a un,er disCn~si0n during Mr~ Ge9rge Cason,'s
,. lifetime:' "In keeping witli ¢~ cason family history 0flandscaping, etc') and their love 0f the,
' land}: the 'family, desires'fo assist the Creek Restoration project, and the protection of the
) Chesapeake Bay. i(their-nse of their pro,Ky is nor sacrificed, by doing so.. All .parties reali{e
' 51: tha~ the participatiOn:Of theCason family:. }s absolutely necessary [or. this project as. they .own to
': . ',:'' ~]. :' ';the CaS°at"' family f~li6wing their- family history and family business, inteixi to utiiizd th~
' sss aa? adjoining Azalea Pa.rk.'in the. following manner and Wish to ~e reassures tho th~
Moore ~. Creek' Restoration Proj~t will' not inhibit' these uses beyond thc specific.limits Of
disturbance shown on the Biohabitat plans;for the Creek Restoration, and thai'these uses are'and'
of. Alhemarle by right, un~r CUrrent ordinances'iii tho Casoa
~8 10:14A GOSHORN &
David ~kschman
P. O~
through, the property.
2. ' ' Nursery area for growingnurserf stock, produce~ and pick YOUr own vegetabI, es
and, o~her ~gricultural, uses with a 'W~y~fde stand. We understand that a preliminary stte
development plan for a~ wayside stand must be approved by the County director, of planning-.
.' 3... :. · Remove the topsoil. StOckpile,' envisioned' by. the Biohabitat: plan; as welI.as being
able to m~_dVe ether 'topsoil which,has: accumulated:_ ov~ the pr0Perty, lf~the Casons dectde to do
so,= in keeping w~ttx.current ordinances.
. '~41 ' ~' Pro~ide. _ ~t parklike setting in keeping (vith the .adjOining properties, including
Azale~ Park:
Any change of Use 0n~the property beyond the above agricultural use~ would; of course~
require the necessary permits before the,propee county authorizes;..The'C~as°n .faro!ly :_w_is_l~
utilize'and protect this uniquely 'valuable strearnside property tot:me oenent ana
Please do not hesitate tO call i~ you hav~ any questions,
Sincerely,
George' Ca.son
W. Goshom '
Counsel for Ca~on family
I N T E R
0 F F I C E
MEMO
To:
From:
Subject:
Date:
V. Wayne Cilimberg, Director of Planning and Community Development
Laurel B. Hail, Senior Deputy Clerk
May 20, 1998 Board of Supervisors Meeting
May 22, 1998
The following actions were taken by the Board at its meeting on May 20, 1998:
Agenda Item No.6. SP-97-37. Moore's Creek Stream Restoration at Azaiea Park (Signs
#56&57). PUBLIC HEARING on a request for stream restoration [30.3.5,2.2(3)], in Azaiea
Park on Moore's Creek. Znd RA & FH (Flood Hazard) & lies w/in a designated Entrance
Corridor. TM76,P55E. Located on E sd o£St Rt 780 (Old Lynchburg Rd). (Property
recommended for Parks and Oreenways in Urban Neighborhood Five in Comp Plan.) Scottsville
Dist. APPROVED with the following five (5) conditions:
Approvai of an erosion and sediment control plan by Albemarle County and the
City of Charlottesville OR the Virg/rfia Soil and Water Conservation Board, ~n
accordance with Section 10.1 -563(A) of the Virginia Erosion & Sediment
Control Act and Section 19.3-11 of Albemarle's Water Protection Ordinance
(pertaining to projects that involve mom than one jurisdiction);
Engineering Department receipt of proof of compliance with Federai and State
permits for stream channels and wetlands;
Engineering Department approval of hydrologic and hydraulic computations to
demonstrate compliance with Sections 30.3.2.2 and 30.3.3 of the Zoning
Ordinance for impacts to flood plain elevations. This includes Engineering
Department approvai of the design of the low-water s~ream crossing on the
intermittent stream to provide maintenance access to the restoration project, and
approval of the location ora soil stockpile for excess materiai;
Engineering Depamnent receipt of as-built cross-sections of the posT-restoration
stream eharmel for purposes of the Moores Creek stormwater model; and
V. Wayne Cilimberg
Page 2
May 22, 1998
Engineering Deparrmem approval of a mitigation plan in accordance with
Sections 19.3-45 and 19.3-46 of the Water Protection Ordinance.
Agenda Item No. 7. SP-98-02. Geoff Stelling Banjo Manufacturing (Sign #54).
PUBLIC HEARING on a request to expand the storage space to 480 sq ft for existing Home
Occupation Class B, TM96,P16A. Znd RA. Located on t6.94 acs at intersec of Rts 633 & 634.
(Property not located in designated development area.) Scottsville Dist. APPROVED with the
following one (1) condition:
1. Area used to conduct the Home Occupation shall not exceed 2,000 square feet.
Agenda Item No. 8 SP-98-04. Chris Greene Lake Fishing Pier (Sign #65). PUBLIC
HEARING on a request to eniarge an existing fishing pier (30.3.5.2.1) at Clads Greene Lake, m
provide improved accessibility for persons with disabilities. Znd RA. TM32,P41. Property
accessed from St Rt 850 ~Chris Greene Lake Rd). (Property not located in a designated
development area.) White Hall Dist. APPROVED with the following three (3) conditions:
Issuance of building permit by the Deparlment of Building Code and Zoning
Services;
2. Pier to be in compliance with all ADA requirements; and
Department of Engineering certification that structure will support a minimum
weight of 100 points per square foot.
Agenda Item No. 9. SP-98-06. Hanson Mountain Communications Tower (Signs
#45&46). PUBLIC HEARING on a request, in accord with the provisions of Sec 10.2.2(6), to
make an existing tower conforming with current ordinance requirements which will permit the
addition of antenna to the tower. Znd RA. TM78,P51C. Located adjacent to Ashcroft Subd
approx 0.4 ml E of Lego Drive. (Property not located in a designated development area.)
Rivarma Dist. (Applicant requests deferral.) DEFERRED UNTIL JUNE 17.
Agenda Item No. 10. SP-98~07. Cook Mtn CV144 (Sign #39). PUBLIC HEAR/NG on
a request by CFW Wireless in accord w/the provisions of Sec 10.2.2(6) to allow construction of
telecommunica-tions fac on TM98,P22. Znd RA. Located on E sd of Rt 29 (Monacan Dr)
approx 1.7 ml S of Rt 692 (Plank Road). (Property is not located in a designated developmen~
area.) Samuel Miller Dist. APPROVED with the following 17 conditions:
V. Wayne Cilimberg
Page 3
May22,1998
The elevation at the top of the tower shall not exceed the height of the tallest tree
within twenty-five (25) feet of the tower. The applicant shall provide a certified
statement on the height of the tallest tree. Antenna may extend seven (7) feet
above the height of the tower. Equipment extending above the tower shall not
exceed three (3) inches in diameter;
2. The tower shall be designed, constructed and mainta'med as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and
c. The tower shall not be painted.
3. The tower shall be located on the site as follows:
The tower shall be located as sho~vn on the attached plan entitled "Tower
site for CFW Wireless CV-144" and initialed "WDF 4/6/98".
4. Antennas may be attached to the tower only as follows:
Antenna shall be limited to a maximum of two (2) fiberglass antenna not
to exceed seven (7) feet in height or three (3) inches in d'mmemr, These
antenna shall be painted brown or a color to match the pole; and
b. Satellite and microwave dish antennas are prohibited.
The tower shall be used, or have the potential to be used, for the colocafion of
other wireless telecommunications providers, as follows:
The permittee shall allow wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these
conditions:
Prior to approval ora final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow such location
and will negotiate in good faith with such other provider requesting
to locate on the tower or the site; and
V. Wayne Cilimberg
Page 4
May 22, 1998
10.
11.
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a a good faith effort includes, but is not
limited to, evidence that the permittee has offered to allow other
providers to locate on the tower and site in exchange for reciprocal
rights on a tower and site owned or controlled by another provider
within Albemarle County.
Each outdoor luminaire shall be fully shielded such that all light emitted is
projected below a horizontal plane running through the lowest part of the
luminaire. For purposes of this condition, a "luminalre" is a complete lighting
unit consisting ora lamp or lamps together with the parts designed to distribute
the light, to position and protect the lamps, and to comnect the lamps to the power
supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment
building, or installation of access for vehicles or utilities, the permittee shall
obtain authorization from the Director of Planning to remove existing trees on the
site, The Director of Planning shall identify which trees may be removed for such
construction or installation. Except for the tree removal expressly authorized by
the Director of Planning, the permittee shall not remove existing trees within two
hundred (200) feet of the tower, the equipment building, or the vehicular or utility
access;
The permittee shall comply with Section 5.1.12 of the Zoning Ordinance.
Fencing of the lease area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90)
days of the date its use for wireless communications purposes is discontinued;
The permittee shall submit a report to the Zoning Administrator once per year, by
not later than July 1 of that year. The report shall identify each user of the tower
and shall identify each user that is a wireless telecommunications service
provider;
Minimum allowable radius for horizontal curvature of the access road shall be
forty (40) feet;
V. Wayne Cilimberg
Page 5
May 22, 1998
12.
No slopes associated with construction of the tower and accessory uses shall be
created that are steeper than 2:1 unless retaining walls, revetments, or other
stabilization measures acceptable to the County Engineer are employed;
13.
The access road shall be built with side slopes on cut and fill slopes at 2:1 or
flatter;
14. The access road shall disturb no more than seventy-five (75) feet m cross section;
15. All other equipment shall be painted brown;
16. All lighting shall be shielded from Route 29; and
17. Electric power lines shall be buried.
Agenda Item No. 1 l. SP-98~08. Crossroads CV143 (Sign #96). PUBLIC HEARING on
a request by CFW Wireless in accord w/the provisions of Sec 10.2.2(6) to allow construction of
telecommunica-tions fac on TM87,P7A. Znd VR. Located 260 t5 from W sd of St Rt 29 S.
approx 1 ml S of St Rt 710. (Property. is not located within a designated development area.)
Samuel Miller Dist. REFERRED back to Planning Commission to reconsider waiver. If waiver
is approved, item w/Il be p/aced on June 10 consent agenda for approval.
Attachment: 1
cc: Larry Davis
Amelia McCuiley
Bill Mawyer
Bruce Woodzell
Dan Mahon
Sharon Taylor
Richard Wood
C F ~/~/IRELESS
VIOLET
SAMUEL MILLER D/STRICT. ALBEMARLE CO.. VA.
SCALE.' I'= 50' FEB. II. 1998
J.Y~. HARRIS. L.S** - STU.~RTS DRAFT. VA.
dB:
BOARD OF SUPERVISORS
COUNTY OF ALBEMARLE
Dept_ o[ Planning & Community Development
401 Mclntire Road'
Charlottesville, Virgnta 22902-4596
(8041 296.5823
March 27, 1998
Geoffrey H. Stelling
7268 Banjo Lane
Afion, VA 22920
RE: SP~98-02 Geoff Stelling Banjo Manufacturing
Tax Map 96, Parcel 16A
Dear Mr. Stelling:
The Albemarle County Planning Commission, at its meeting on March 24, 1998, unanimously
recommended approval of the abovemoted petition to the Board of Supervisors. Please note that this
approval is subject to the following condition:
1. Area used to conduct the Home Occupation shall not exceed 2,000 square feet.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 20, 1998. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least sesen
days prior to your scheduled hearing date.
If you should have any questions or comments regarding, the above noted action, please do not
hesitate to contact me.
sin
Transportation Planner
JRW/jcf
Ella Carey
Amelia McCulley
Jack Kelsey
r
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JUANDIEGOR. WADE
MARCH 24, 1998
MAY 20, 1998
SP 98-02- GEOFF STELLING BANJO MFG.
Applicant's Proposal: The applicant is proposing to expand an existing Home Occupation Class
B by constructing 480 square feet storage area. The applicant's description and justification for the
use can be found in Attachment A.
Petition: To expand the storage space 480 square feet for an existing Home Occupation Class B,
The site is located on 16.94 acres zoned RA, Rural Areas. The property described as Tax Map 96,
Parcel 16A is located at the intersection of Routes 634 and 633 in the Scottesville Magisterial
District. This area is not a designated development area (Rural Area 3). (see Attachment B and C)
Character of the Area: This property is developed within a rural setting with a home and several
small bnildings. Access to the property is off Spring Valley Road - Route 634. Route 634 is an
unpaved road with 45 trips per day. Tiffs road is not scheduled for improvements in the County's
Six Year Secondary Road Plan. The immediate area can be described as rural residential and farnting
in character.
RECOMMENDATION: Staffhas reviewed the special use permit for compliance with provisions
of Section 5.2 of the Zoning Ordinance and recommends approval.
Planning and Zoning History_: In 1984 the applicant was granted a Home Occupation Class B for
his current business.
Comprehensive Plan: tiffs area is located in the Rural Areas as designated in the Comprehensive
Plan.
STAFF COMMENTS:
Staffwill address each provision of Section 31.2.4 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits hereunder. Special use permits for use as provided in this ordinance may be
issued a finding bY the Board of Supervisors that such use will not be of substantial
detriment to adjacent property_.
The expansion of this Home Occupation Class B will have minimum impact on traffic. The
expansion is not anticipated to increase business, but to provide storage for the existing Home
Occupation. The applicant is anticipating that traffic would be reduced, because with additional
storage capacity the number of receiving shipments would be less. The number of outgoing
shipments would not change.
Virginia Departznent oi: Transportation does not antic/pare any impact to the existing road
(Attachment D).
that the character of the district will not be changed thereby,
The proposed expansion will be located in, but will not adversely impact the Open Space Plan
resources. This area is recommended for mountain protection area above the 1,000 foot contour and
identified as an important forest area. The proposed expansion is a small addition to an existing
structure in an area that is currently used ash yard. The area is not on a ridge or on a'critical slope
nor does it require removing land from foresu:y use.
that such use will be in harmony with purpose and intent of this ordinance,
Staffhas reviewed the purpose and intent of the Ordinance as stated in Section 1.4, 1.5, and 1.6 and
believes this use meets the intent.
with the uses permitted by right on any adjacem property_,
This request will not affect uses permitted by right on any adjacent property
with additional regulations provided in section 5.0 of this Ordinance.
Section 5.2 contains regulations for Home Occupations (Attachment E). The regulation stipulates
that the Planning Commission must grant approval for all Home Occupation structures exceeding
1,500 square feet. The existing area used for the current Home Occupation-Class B is approximately
1,260 square feet and with the proposed 480 square feet addition the total Home Occupation area
will be approxunmely 1,740 square. The Commission may grant modification permitting additional
area (above 1.500 square feet) to be used.
and with the public health, safety, and general welfare.
This special use permit will not adversely affect public health, safety, and general welfare.
SUMMARY
Staff has identified the following factors which are favorable to this request: '
1. Expansion wilt reduce the number of supply deliveries due to the additional storage space.
2. No complaints have been received ~egarding the current Home Occupation, which has been
operating since 1985.
Staff has identified the following factor which is viewed as negative:
1. Expansion is located in an area above the 1000 foot contour and identified as an
important forest area in the County's Open Space Plan. (Staffhas noted that the nature of the
expansion, however, should not adversely impact these resources).
RECOMMENDATION:
Staff recommends approval of SP-98-02 Geoff Stelling Banjo Manufacturing Home Occupation-
Class B for a 480 square foot expansion to an exisfmg building.
Should the Planning Commission recommend approval of this request, a modification of Section
5.2.2.1 (a) of the Zoning Ordinance must be granted to permit the total area used for the Home
Occupation to exceed 1,500 square feet. Only the Planning Commission'must act onthe waiver
request. If the Commission is to act favorably on this request, staffrecommends, that the Planning
Commission grant the modification, and recommends the following condition of approval:
1. Area used to conduct the Home Occupation shall not exceed 1,740 square fee~.
Attaclmaents
A-Applicant's description and Justification
B-Location Map
C-Location Map
D-VDOT's Comments
E-Section 5.2 Zoning Ordinance Home Occupation
Co'mt3, of Albemarle ~- ~partment of Building ~ ATTAcI'IMEIq-T ~i
I OFFICE USE ONLY
Special Use Permit
'5'
~u~ber ~f a~ ~ be covered by Spe~ ~ Pe~t ~a~~ ~o
~ ~ am~ment ~ an ~g S~ Use Per.t? ~Y~ No
you ~h~tSng a ~te fleY~opm~t p~n ~ ~ appli~fion? ~ Y~ No
Address -- Il ,~'/M/~-'- City .' '. State. if'Zip
Daytime Phone ( ., ) Fax # E-mail
Tax map andparcel
. . .. Physical Address (ifa.~igncd) ,. .
Does the owner of this property own (or have any ownership interest in) any abuUi-ng l~roperty? If yes, please list
thosetaxmapandparcelnumbers . .. ~J' 0 -
OFFICE USE ONLY
History:
· ar{: Me!mire R;a~ ::. ~ha[l;tte;vill&. VA 22b02 * Voice: 296-5832 '~o Fax: 972-4126
,~j~$i0t~ 3.1.2..4,1 of the Alhemarie County ZonMg Ordinance states that, "The board of supervisors
bewby reserves unto itself the right to issue all special use permits permitted hereunder. Special use
~erwits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors
th~{ such use will not be of substantial detriment to adjacent pwpet~y, that the character of the district
will' not he changed thereby and that such use will be in harmony with the purpose and intent of this
or.~in~nce, w~th the uses permitted by right in the district, with additional regulations provided in section
~5.0 of this ordinance, and with the publie'health, safet~ and general welfare.
Thc itcra~ which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Compsehensive Plan desiguation for thisproperty? .~~10~
How will the proposed special use affect the character of tho district surrounding the property?
How is tho use in harmony wi th the purpose and intent of the Zoning Ordinance?
How i~. tho use in harmony with the uses pormitted by right in the district?
What additional regulations provided in Section 5 0 of the Zoning Ordinance apply to this use'~
Hqw ~vfll this use promote the public health, safe~y, and general welfare of thc community'~
., (/ ~.
Describe your request ia detail and include all pertinent information such as the numbers of persons
involved in the use, operating hours, and any unique features of the use:
AT1~ACHMENTS REQUIRED, provide two(2) copies of each:
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization iaeludiag, but not limited to, the name of a corporation, pannership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the County must be submitted ce~fyiag that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owaer's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
~"/ 3. Drawings or cone. eptual plans if any.
[~ 4, Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
/Signature
Printed Name
Date
Daytime phone number of Signatory
EST. 1974
Stelling Banjo ~W~s, Ltd.
7258 Banjo Lane
A fton, VA 22920
www.steilingbanjo.com
e-mail stelling~.i~stellingbanjo.eom
FAX: (804) 971-8309
Sales: (800) S-STRING
Shop: (804] 295-1917
8 Jan., 1998
To the Albemarle County Board of Supervisors and Planning and Zoning Departments,
In 1984, I was granted a class 2 special use permit to use one of the buildings on my farm ~o manufacture
banjos which have been known around the world since 1974. The size of my business has actually grown
smaller since then, but, my need for storage space has increased. In order to maintain a reasonableprofit, I
have found it advantageous to buy several products necessary to my business in larger quantities .to keep the
cost of goods down, thereby necessitating a larger storage area. The items I refer to are banjo and guitar
cases, made in Oilville, VA, packaging materials, made in Roanoke, and wood of various species in sizes up
to 2'XS'X3" planks, all of which require a great deal of storage space that I just don't have. The price of 250
shipping boxes from Conigated Container Corp. costs me the same as 500, so, why not get twice as much
for the same price? Instrument cases come packed 4 to a box, and each box is about four feet by two feet by
one foot. Even though we make only 16 banjos a month, I am required to buy twice that many cases at one
time to get the best price. One shipment of cases uses up all my storage space. In addition to cases and
shipping materials, I need a supply of wood that is dry and aged. Heretofore, I have been storing wood and
shipping supplies in the attic. The attic stairway is narrow and the bulkiness of the materials to be stored has
made it nearly impossible to get all items in a dry, climate-controlled environment. The only alternative has
been to store things in an outdoor shed which is primarily being used to store hay for our horses and cows.
The proposed addition would greatly improve my situation and have no noticeable effect on the commumty.
With the added storage space, my incoming shipments would probably be cut in half because I could buy
more fit one time.
In the thirteen years I've been here, I have had nothing but great relationships with all the residents in the
community of Heards. We have hosted several Heards School reumons and Heards Day celebrations. I am
certain that any property owner in the community would attest to the fact that Stelling Banjo Works has been
nothing but an asset to Heards and a reassuring source of help to its residents. I intend to keep it that way.
Best reg .ards,
GeoffStelling
/
/
SP 98-02
Geoff Stelling BanjO Mfg.
\
\
JEL MILLER DISTRICTS
SECTION
sAMUEL
~ MOUmA~
e~
0
TOP
SP 98-02
Geoff Stelling Banjo Mfg.
DAVID R. GEHR
COMMONWEALTH o[ VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOT~'ESViLLE 2291i
A. G. TUCKER
February 9, 1998
March Public Hearin~
Submittals
Memo Dated 1/29198
Mr. Ron Keeler
Dept. of Planning &
Community Development
401 McIntire Road
Charlottesville, VA.
22902
Dear Mr. Keeler:
Our comments for March Public Hearings listed in letter of January 28, 1998
are as follows:
8P-98-02 Geoff 8tellin~ Banjo Mf~., Rts. 634 & 633
There should not be any impact to the existing road with scope of home
occupation co remain the same.
SP~98-05 360 Conununieations (Dudley Mounta~p Sitg) Route
The proposed entrance will need to meet minimum standards for a commercial
SP-98-04 Chris Greene Lake Fishin~ Pier~ Route 606
No impact ~o infrastructure of roads
Tr~ANSPORTATION FOE{ TIll} 21ST CENTI. ff~Y
5.2
5.2.1
5.2.2
5.2.2.1
HOME OCCUPATIONS
ATTACHI,,IENT
CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be
established without approval of the zoning administrator.
Upon receipt of a request to establish a home occupation,
Class B, the zoning-administrator shall refer the same to
the Virginia Department of Highways and Transportation for
approval of entrance facilities and the zoning administrator
shall determine the adequacy of existing parking for such
use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section
5.2.3 hereof. (Amended 3-18-81)
REGULATIONS GOVERNING HOME OCCUPATIONS
The following regulations shall apply to any home
occupation:
a. Such occupation may be conducted either within the
dwelling or an accessory structure, or both, provided
that not more than twenty-five (25) percent of the
floor area of the dwelling shall be used in the conduct
of the home occupation and in no event shall the total
floor area of the dwelling, accessory structure, or
both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use
of accessory structures shall be permitted only in
connection with home occupation, Class B;
There shall be no change in the outside appearance of
the buildings or premises, or other visible evidence of
the conduct of such home occupation other than one (1)
sign. Accessory structures shall be similar in facade
to a single-family dwelling, private garage, shed, barn
or other structure normally expected in a rural or
residential area and shall be specifically compatible
in design and scale with other development in the area
in which located. Any accessory structure which does
not conform to the setback and yard regulations for
main structures in the district in which it is located
shall not be used for any home occupation;
There shall be no sales on the premises, other than
items handcrafted on the premises, in connection with
such home occupation; this does not exclude beauty
shops or one-chair barber shops;
-70- (Supp. #1, 3-18-81)
5.2.2.2
5.2.3
No traffic shall be generated by such home occupatio~
in greater volumes than would normally be expected in a
reskdential neighborhood, and any need for parking
generated by the conduct of such home occupation shall
be met off the street;
Ail home occupations shall comply with performance
standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day
care centers and private schools shall not be deemed
home occupations.
~rior to issuance of clearance for any home occupation, the
zoning administrator shall require the applicant to sign an
affidavit stating his clear understanding of and intent to
abide by the foregoing regulations.
CERTAIN PERMITS REQUIRED
No home occupation, Class B, shall be established until a
permit shall have been issued therefor. The provisions of
section 5.6.1 of this ordinance shall apply hereto, mutatis
mutandis.
-70.1-
4.14
4.14.1
4.14.1.1
4.14.1.2
PERFORMANCE STANDARDS
NO use shall hereafter be established or conducted in aay industrial district in
any manner ~n violation of the following standards of performance:
NOISE
Ail sources of noise (except those not under direct control of occupant of use,
such as vehicles}, must not create sound or impact noLse levels in excess of the
values specified below when measured at the points Lndicated. In addition,
before 7:00 a.m. and after 7:00 p.m., the permissible sound levels at an agricul-
tural or residential district boundary where adjoining industrial districts shall
be reduced by five (5) decibel~ in each octave band and in the overall band for
METHOD OF MEASUREMENT
Noise shall be measured by means of a sound level mete~ and octave band analyzer,
calibrated in decibels (re 0.0002 microDar) and shall be measured at the nearest
lot line from which the noise level radiates.
MEANING OF TERt4S
Decibel means a prescribed interval of sound frequencies which classifies sound
according rd its pitch.
Impact noises shall be measured by means of an impact noise analyzer. Impact
noises are those whose peak values fluctuate more than six {6)~ decibels from the
steady values indicated on the sound level meter set at fast response.
Octave band means a prescribed interval of sound frequencies which classifies
sound according to its pitch.
Preferred frequency octave bands means a
prescribed by the American Standards
Frequencies for Acoustical MeasuremenTs.
standardized series of oouave hands
Association in S1.6-1960 Preferred
Sound level meter means an electronic instrumenu which includes a microphone, an
amplifier and an output meter which measures a noise and sound pressure levels
in a specified manner. It may be used withthe octave band analyzer that permits
measuring the sound pressure level in discrete octave bands.
-42- ($upp. #82A, 1-3-96~
4.14.2
4.14.2.1
4.14.2.2
4.14.3
4,14.4
4.14.5
Maximum Permitt~Sound Levels (decibels)
Preferred Frequency Octave Bands
Location of Measurement
9ccave band, At residential At other lot lines
qycles/second district boundaries within district
31.5 64 72
63 64 72
125 60 70
250 54 65
500 4B 59
1000 42 55
2000 38 51
4000 34 47
SO0~ 30 . 44
Overall for
impact noise 80 90
VIBRATION
The produce of displacement in inches times the frequency in cycles per second
of earthborne vibrations from any activity shal~ not exceed the values specified
below when measured at the points indicated.
METHOD OF MEASUREMENT
Earthborne vibrations shall be measured by means of a three component recording
system, capable of measuring vibration in three mutually perpendicular
directions. The displacement shall be the maximum knstantaneous vector sum of
the amplitude in the three directions.
MEANING OF TERMS
Vibrations means the periodic displacement of oscillation of the earth,
Type of vibration
Continuous
Impulsive (100 per
minute or less)
Less than 8 pulses
per 24 hours
Area of ~e~surement
At residential
district boundaries
At other lot lines
within district
.00 .015
.006 .030
.015 .075
GLARE
No direct or sky reflected glare, whether ~rom flood lights or from high
temperature processes such as combustion, welding or otherwise, so as to be
visible beyond the lot line, shall be perm{trod except for signs, parking lot
lighting andoth~r l{ghting permittsdby this ordinance or required by any other
applicable regulation, ordinance or law. However,. in the case of any operation
which would affect adversely the navigation or control of aircraft, the current
regulations of the Federal Aviation Administration shall apply.
AIR POLLUTION
Rules of the State Air Pollution Control Board shall apply within Albemarle
County. Such rules and regulations include coverage of= emission of smoke and
other emissions from stationary sources; particulate matter; odor; particulate
emission from indirect heating furnaces; open burning; incinerators; and gaseous
pollutants.
WATER POLLUTION
Rules of the State Water Control Board shall apply within Albemarle County.
-43~
(Supp. #82A, 1-3-96)
4.14.7
4.14.8
RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous =o the health
and safety of persons on or beyond the premises where such radioactive mauerial
is used. Determination of existence of such danger and the handling of
radioactive materials, the discharge of such materials into the anmosphers and
streams and other water, and the disposal of radioactive wastes shall be by
reference =o and in accordance with applicable current regulations of the
Department of Energy, and in the case of items which would affect aircraft navi-
gation or the control thereof, by applicable current regulations Of the'Federal
Aviation Ac~ninistration, and any applicable laws enacted by the General Assembly
of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution
Act, whichever is greater.
ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would
adversely affect the operation of any equipment on any other lot or premises and
an the case of any operation which would affect adversely the navigation or
control of aircraft, the current regulations of the Federal Aviation Administra-
tion shall apply.
CERTIFIED ENGINEER REPORT SUBMITTAL
Each future occupant of an industrial character shall submit co the county
engineer as precedent to issuance of a zoning compliance clearance a certified
engineer's report describing the proposed operation, all machines, processes,
products and by-products, stating the nature and expected levels of emission or
discharge to land, air and/or water or liquid, solid or gaseous effluent and
electrical impulses and noise under normal operations, and the specifications of
treatment method~ and mechanisms =o be used to control such emission or
discharge. The county engineer shall review the applicant's submittal and make
commenu and recommendation prior to final commission action on the sate
development plan, (Amended 9-9-92)
-43.1- (Supp. #82A, 1-3-96)
April 10, 1998
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclnfire Road
Charlottesville, Virginia 22902-459fi
~$04) 296-$825
Lisa Glass
Albemarle County
Department of Engineering & Public Works
401 Mclntire Road
Charlottesville, VA 22902
RE:
SP-98-04 Chris Green Lake Fishing Pier
Tax Map 32, Parcel 41
Dear Ms. Glass:
The Albemarle County Planning Commission. at its meeting on April 7, 1998, unanimously recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject
to the following conditions:
Issuance of building permit by the Department of Building Code and Zoning Services.
Pier to be in compliance with all ADA requirements.
Department of Engineering certification that structure will support a minimum weight of 100
pounds per square foot.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on May 20. 1998. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me.
Sincerely,
Susan Thomas
Senior ~lanner
ST/jcl
Ella Carey
Jack Kelsey
Amelia McCulley
Robert Crickenberger, Parks & Recreation
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN E. THOMAS
APRIL 7, 1998
MAY 20, 1998
S.P 98-04 CHRIS GRgENE LAKE FISHING PIER
Applicant's Proposal
The applicant, Albemarle County Department of Parks and Recreation, proposes an addition to
the existing fishing pier on Chris Greene Lake. This addition will make the pier accessible to
disabledpersons requiring wheel chairs for mobility. Section 30:3.5.2.1 (2) of the Zoning
Ordinance allows "water related uses such as boat docks, canoe liveries, bridges, ferries, culverts
and river crossings of transmission lines of all types" within the floodway by special use permit.
Petition
Request for a special use permit to enlarge an existing fishing pier [30.3.5.2.1] at Chris Greene
Lake, m provide improved accessibility for persons with disabilities. The property, described as
Tax Map 32 Parcel 4I, is located in the Whitehall Magisterial District and accessed from State
Route 850 (Chris Greene Lake Road). It is zoned RA (Rural Areas), and designated Rural Area
in the Comprehensive Plan.
Character of the Area
Chris Greene Lake is one of three Albemarle County parks that offers a man made lake for
swimming and fishing. There is also a beach, volleyball, and picnic areas. The pier would allow
disabled persons to further enjoy the amenities offered at the lal~e.
In addition to its recreational use, the lake has been officially designated as a back up water
supply. It is part of the Water Supply Protection Area as set out in the recently adopted Water
Resources Ordinance. The additional area being added to the pier should not be a detriment to
the continued use of the lake in this capacity. Although treated wood is an acceptable product for
construction of the addition, other alternative materials are also being explored.
RECOMMENDATION:
Staff has reviewed the proposal for conformity with the Comprehensive Plan, and the criteria
listed in Section 31.2.4.1 of the Zoning Ordinance, and recommends approval.
!~lanning and Zoning History_
The property is zoned RA, Rural Areas. Before construction of the lake and other park facilities,
the land was used for agricultural purposes.
Comprehensive Plan
The main purposes of parks and recreation facilities as stated in the Comprehensive Plan are"(l)
the provision of activity-related recreation opportunities; and, (2) the preservation of significant
environmental or historic resources." In addition, parks are classified as neighborhood,
community, district, and county based on functions and services that they provide. Chris Greene
Lake Park fulfills both purposes of parks as described by the Comprehensive Plan, and would be
classified as a county park.
An addition to the existing fishing pier to provide easier access for disabled persons would allow
more of the county's residents to enjoy the recreational activities it has to offer.
STAFF COMMENT:
In making its recommendhtion for all Special Use permits, staff addresses the provisions of
Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue alt special use
l~ermits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board 0f Supervisors that such use will not be of
substantial detriment to adjacent property_.
Because the pier will be an internal addition to the park, staff feels it will have no affect on the
adjacent property owners. It will only act io provide better service and accessibility to'those
disabled persons wishing to fish at the lake. It will not impede or obstruct the floodway, even
during times of high water, due to its design and relatively small amount of area.
that the character of the district will not be changed thereby,
As stated before, the park lies in an area designated as P.A, Rural Areas, by the Comprehensive
Plan. The pier addition will have no impact on the overall character of the district's rural setting
or the floodplain.
gnd that such use will be in harmony with the purpose and intent of this ordinance,
Staffhas reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5, and 1.6.
Staff finds no conflict with any of these Sections of the ordinance. Staff would like to point out
that this addition to the fishing pier will serve to promote the intent of the ordinance as stated in
the following Section:
1.4.3 "To facilitate the creation of a convenient, attractive and harmonious community;"
with the uses permitted by right in the district,
The pier addition will not interfere in any way with the permitted residential or public uses on
surrounding property.
with additional regulations provided in Section 5.0 of this ordinance.
Section 5.0, Supplementary Regulations, of the ordinance does not address the request of the
Special Use permit to allow for an addition to a fishing pier.
and with the public health, safety_, and general welfare.
Staff cannot identify any adverse effects to the public health, safety, and general welfare that will
occur if the pier addition is approved. On the contrary, an improvemem to the park that will
allow for easier access by disabled persons so that they may enjoy fishing on the lake, will serve
to ~mprove their safety and welfare. In addition, the use ora material other than treated wood to
construct the addition, as well as the design and size of the pier itself, will most likely keep any
impact on the floodplain to a minimum.
Impact to the floodway, if significant, might constitute a threat to public health, safety, and
welfare. However, the pier as designed will have minimal impact, and its location at a lake
versus a river with its variable flow minimizes this threm.
SUMMARY:
The proposed fishing pier addition will have no adverse impact on the adjacent property
surrounding Chris Greene Lake Park, or on the floodplain; it will only serve to improve the
park's facilities. Although the use of the lake tbr fishing may increase somewhat, this increase
should not have any negative effects on the lake's designation as a back up drinking water
reservoir, or hinder the promotion of the lake as a protected watershed.
RECOMMENDED ACTION:
Staff recommends approval of SP 98~04, with the following conditions:
1. Issuance of building permit by the Department of Building Code and Zoning
Services.
3
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Detail of Fishing Pier
Al)P[ication far Special Use -
'.Chris Greene Lake Pie[
[ATTACHMENT
Description of Request: The fishing pier will extend approximately 1O0 f6et into the lake with a
"T' approximately 70 feet wide. The pier will be accessedby ramp and constructed with
variable height railings to accommodate individuals withdisabilities. It is attached £o and
tmproves the existing handicap fishing pier. Theexisting parking area wilt be utilized without
expansion. The structure will be built without modificationto the existing lake so that an Army
Corps of Engineers' permit is not required. Thet~se is no~ chauged, only enhanced by increased
accessability for individuals with disabilities.
ALBEMARLE COUNTY
2O
I ATTACHMENT B I
SP 98-04
Chris Greene Lake Fishing
7
~.~, ,.,,,, WHITE H~I~ L
........-- - ;" [HVANNA DISTRIGTS SECTION 32
County of Albemarle
Chris Greene Lake Key
I -- Parking Lot
2 = Existing Pier
3 = Existing Boat Launch
4 = Existing Handicap Fislfing Pier
5 -- Walk
Proposed Handicap Fishing Pier 71' x 105~
Dam
County ol ,Mbemarle
Chris Greene Lake
' Form. 3
7/25/86
McKEE CARSON
CONSULTING ENGINEERS
LANDSCAPE ARCHITEOTS
LAND PLANNERS
BOARD OF SUPERVISORS
18 May 1998
Mr. Bill Fri~z
Albemarle County Department of P1armin$ and Communi .~y Development
401 McInfire Road
Charlottesville, VA 22902
RE: SP 98-06; Hanson Mountain Communications Tower; Deferral Request
Dear Mr. Fritz:
The Charlottesville CeLlular Partnership (U. S. CeHularJ would iLke to request a 30 day deferral of the
Board of Supervisor's consideration of the above referenced application scheduled for public hearing
20 May71998.
The conditions added to the application by the planning commission are still under consideration by
the land owner. Until we are certain that these newly imposed conditions are acceptable to the land
owner we feel it prudent to defer our request.
Mark E. Keller
McKEE,/CARSON
MEK: bpm
9728.03
Affiliated with Reid S~od: Conceot$. ttc~
RECEIVED
MAY 1 8 1998
Planning Dept.
301 ~ast High Street · Charlottesville, Virginia 22902 · 804-979-7522 · Fax: 804-g77d 194 · mc@mckeecarson.com · www. mcKeecarson.com
COUNTY OF ALBEMARLE
Dept ot Planning & Community Development
401 M¢lntire Road
Charlottesville. Virginia 229024596
(804) 296-5523
April 23, 1998
1150 Shenandoah Village Drive
Waynesboro, VA 22980
RE: SP-98-07 CFW Wireless (Cook Mountain)
Tax Map 98, Parcel 22
Dear Mr. Ryan:
The Albemarle County Planning Commission, at its meeting on April 21, 1998, by a vote of 4-3,
recommended approval of the above-noted petition to the Board of Supervisors Please note that
this approval is subject to the following conditions:
The elevation at the top of the tower shall not exceed the height of the tallest tree within
25 feet down slope of the tower. The applicant shall provide a certified statement on the
height of the tallest tree Antenna may extend 7 feet above the height of the tower.
Equipment extending above the tower shall not exceed three (3) inches in diameter.
2. The tower shall [~e designed, constructed and maintained as follows:
The tower shall be of treated wood.
Guy wires shall not be permitted.
The tower shall have no lighting.
The tower shall not be painted
3 The tower shall be located on the site as follows:
The tower shall be located as shown on the attached plan entitled "Tower site for
CFW Wireless CV~144" and initialed "WDF 4/6/98" ~
Larry Ryan
April 23, 1998
Antennas may be attached to the tower only as follows:
Antenna shall be limited to a maximum of two fiberglass antenna not exceed seven
(7) feet in height or three (3) inches in diameter. These antenna shall be painted
brown or a color to match the pole.
Satellite and microwave dish antennas are prohibited.
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions.
(1)
Prior to approval of a final site plan for the site or the waiver of the site
plan requirement, the permittee shall execute a letter of intent stating that it
will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesting locate on the tower or the
site.
(2)
The pennittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence ora good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
Each outdoor luminaire shall be fully shielded such that all light emitted is projected below
a horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a "luminaJre" is a complete lighting unit
consisting of a lamp or lamps together with the parts designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
Iighting shall be limited to periods of maintenance only.
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, the permittee shall obtain authorization from
the Director of Planning to remove existing trees on the site. The Director of Planning
shall identify which trees ma~v be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
Larry Ryan
April 23, 1998
remove existing trees within two hundred (200] feet of the tower, the equipment building,
or the vehicular or utilit.¥ access.
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required.
9. The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes ts discontinued.
10. The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider.
11. Minimum allo~vable radius for horizontal curvature of the access road shall be 40 feet;
t2. No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures
acceptable to the County Engineer are employed;
13. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
14. The access road shall disturb no more than 75' in cross section.
15. All other equipment shall be painted brown.
16. All lighting shall be shielded from Rt. 29.
17. Electric power lines shall be buried.
The Planning Commission also approved a waiver of the drawing ora site plan in accord with the
provisions of Section 32.2.2. subject to the following conditions:
1. Approval of an erosion and sediment control plan prior to the issuance of a building
permit.
2. Provision of one parking space.
3
Larry Ryan
April 23, 1998
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 20, 1998. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
William D. Fritz, PdCP
Senior Planner
cc: Ella Carey
Jack Kelsey
Amelia McCulley
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ, AICP
APRIL 21, 1998
MAY 20, 1998
SP 98-07 CFW WIRELESS [COOK MOUNTAIN]
Applicant's Proposal:
The applicant is proposing to construct a tower at tree top level to provide PCS, Personal
Communication System, coverage for southern Albemarle County. The proposed tower is a
wooden pole. Currently no PCS service is provided in this area. The spec'fflc location and design
of the proposed tower is shown on Attachment C Staff has indicated the location of the
proposed tower and access to the tower on a topographic map, which is included as Attachment
A.
Petition:
Request by CFW Wireless in accord with the provisions of Section 10.2.2(6) to allow the
construction ora telecommunication facility on Tax Map 98, Parcel 22. This property is zoned
R& Rural Areas and is located on the east side of Route 29, Monacan Drive, approximately 1.7
miles south of Roue 692, Plank Road in the Samuel Miller Magisterial District. This site is not
located in a designated development area.
Character of the Area:
The proposed facility is located east of Route 29 and is accessed by Route 804, which parallels
Route 29 The location of the facility is approximately 800 feet from Route 29. Attachment A is
a topographic map that shows the location of the proposed tower and nearby houses. The
proposed tower is at an elevation of approximately 790 feet ASL, Above Sea. The closest
dwelling to the proposed tower is approximately 300 feet distant (This dwelling is located on the
same parcel as the proposed tower.) The closest dwelling on an adjacent parcel is located 500
feet distant. Approximately 9 houses are located within 2,000 feet (0.6 miles) of the proposed
tower. No exist'mg towers are located in the area, the nearest tower [a cellular communications
tower] is located approximately 3.5 miles to the west on Castle Rock. A series of applications
have been made by CFW for new towers on Route 29.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval.
Planning and Zoning History:
No history is available on this site
Comprehensive Plan:
Staffnotes that in order to construct the proposed tower clearing for access and the provision of
electrical service will be required. Therefore, these impacts, in addition to the impact of the tower
itself, have been reviewed for compliance with the Comprehensive Plan and the Zoning
Ord'mance.
This site is located in the Rural Areas of the Comprehensive Plan and in the mountain resource
area as idenfdied in the Comprehensive Plan, Open Space Plan. Currently the Comprehensive
Plan contains limited review criteria for the siting of telecommunication towers. The Open Space
Plan does provide some guidance for the protection ofidenfrfied resources of the County, The
resources identified in the plan and potentially affected by this application are: Entrance Corridor
and Mountain Resource Areas. The Entrance Corridor Overlay District is currently addressed by
the ARB, Architectural Review Board. The provisions of the Zoning Ordinance address Critical
Slopes. The methods for protection and potential allowable impacts on the mountain resource
areas are under consideration by the Planning Commission.
This tower is intended, primarily, to provide service to the Route 29 corridor. Ronte 29 is
designated as an Entrance Corridor. The tower will have only limited visibility from Route 29.
While the tower will be visible from the Entrance Corridor it will not reqmre ARB approval prior
to construction. Without additional information staffis unable to determine if the impacts created
by an alternative site would have a greater or lesser impact on the Corridor
The mountain resource area as ident'rfied in the Open Space Plan starts at the 900 foot contour
and the proposed tower is located below that elevation. The proposed tower is at an elevation of
approximately 790 feet ASL.
The impact of this tower on resources as ident'rfied in the Open Space Plan is in the opinion of
staffnot significant due to the limited visibility of the tower
STAFF COMMENT:
Staffwill address the issues of this request in three sections:
Section 31.2.4.1 of the Zoning Ordinance.
Section 704(a)(7)(b)(I)(lI) of the Telecommunications Act of 1996.
Waiver ora site plan in accord with the provisions of Section 32.2.2 of the Zoning
Ordinance.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ord'mance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ord'mance
ma_¥ be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property_,
The pr0perty is located near the end of Route 804, which parallels Route 29. The property
currently has a house and several outbuildings. 'The land adjacent to Route 804 is open and is
where these impmvements areloeated: The land rises at amoderate slope, 18%, fromthe roadto
the proposed tower site: The area immediately behind the house and in the area of the proposed
tower is wooded with mature hardwoods.
The proposed tower is located approximately 464 feet from the nearest property line and complies
with the setback requirements of. the ordinance. The tower location ison the side of Cook
Mountain, which is entirely wooded. These trees .will provide excellent screening of the
equipment at the base of the tower. Based on the applicant's information these trees are
approximately 78 feet tail. The top of the tower wilt be at tree height with the antenna extending
seven feet above tree height. This will offer few if any opportunities for collocation in an area
which has been identified as not having substantial collocation options: The proposed tower is
located approximately 500 feet from the nearest dwelling. Based on staffreview ofdesign and
heighi of this tower, it will have limited visibility from any dwellings or Route 29. Lighting of the
tower is unlikely as the tower is less than 200 feet in height and staffhas included a condition
prohibifmg light'mg. Therefore, staffopinion is that approval would not cause a substantial
detriment to adjacent property. Additional information may be provided by the public during the
public heatings on the issue of potential impacts.
that the character of the district will not be changed thereby,
Staffhas reviewed the impact of the proposed tower relative to the character of the Rural Areas
District, with particular attention to its potential to establish a precedent for additional future
facilities of this nature on this site which might, perhaps, have a greater impact than this particular
installation. Because of the minimal physical impacts to the property anticipated form the mini-
cell design, and the fact that future cotlocationris problematic at best on a tower of this type, staff
finds that the proposed tower would not alter the character of the Rural Areas district
significantly.
Staffhas considered this tower as a stand alone facility. Towers have been permitted in the Rural
Areas in the past, without a finding of significant change to the character of the district depending
uponthe spec'fflc site and its surrounding terrain, land use. etc. However, over time increasing
tower density may incrementally.change the character 0fthe districti possibly diminishing the
aesthetic qualities for which these districts are noted. Staffsuggests that site specific factors such
as size, construction type and site be considered within the larger context of the pattern of tower
location during the special use pen-nit review process. At the present time, there does not appear
to be an excess of tower facilities in this area
Based on the limited visibility and limited maintenance impact caused by this tower staff opinion ~s
that this request does comply with this provision of Section 31.2.4.1 of the Ordinance.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4, 1.5
and 1.6with particula~ reference to Sections 1.4., 1.4.4, and 1.5. All of these provisions address,
in one form or another, the provision of public services. The use ofmobile telephones clearly
provides a public service as evidenced by the expanded and rapid increase in use. Based on the
provision of a public service, staff opinion is that this request is in harmony with the purpose and
intent of these sections of the ordinance. Section 1.4.3 states as an intent of the Ordinance, "To
facilitate the creation ora convenient, attractive and harmonious community". The provision of
this facility does increase the availability and convenience for users of wireless phone technology.
The limited visual impact caused by this proposal does not in the opinion of staffconflict with the
intent of the ordinance to create an attractive community. Therefore, staffopinion ~s that this
request does comply with this provision of Section 31.2.4.1 of the Ordinance.
with the uses permitted bv right in the district,
The proposed tower will not restrict the current uses, other by-fight uses available on this site or
by-right uses on any other property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.12 of the ordinance contains regulations governing tower facilities and appropriate
conditions are proposed to ensure compliance withthis provision of the ordinance.
and with the public health, safety and general welfare.
The provision of increased communication facilities may be considered consistent with the public
health and safety and general welfare by providing increased communication services in the event
of emergencies and increasing overall general communication services. The Telecommunications
Act addresses issues of environmental effects with the following language, "No state or local
government or instrumentality thereof may regulate the placement construction, and modification
of personal wireless service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the Commission's regulations concerning
such emissions. In order to operate this facility the applicant is required to meet the FCC
guidelines for radio frequency emissions. This requirement will adequately protect the public
health and safety.
Section 704{a)(7Xb)(I)CII) of the Telecommunications Act of 1996.
The regulation of the placement, construction and modification of personal wireless facilities by
any state or local government or instrumentality thereof shall not prohibit or have the effect of
prohibiting the provision of personal wireless services.
Neither the Comprehensive Plan nor the Zoning' Ordinance prohibits the provision of personal
wireless sermce. Staffdoes not believe that the special use permit process nor the denial of this
application has Ihe effect of prohibifmg the provision or personal wireless services. The applicant
has not demonstrated that them are no other locations within the proposed area of service
currently ava'dable for new. tower construction. For this reason,- staffdoes not believe that denial
of this application would have the effect of prohibifmg the provision of services.
The applicant has worked with staffin an effort to identify any suitable location for collocation,
which would eliminate the need for construction of a tower. Alternate sites for the construction
of a new tower has not been disCUssed. No collocation options have been identified which would
provide coverage insouthem Albemarle.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance.
The Commission may waive the drawing of a site plan if mquiring a site plan would not forward
the purpose ofthe ordinance or otherwise serve the public interest. The site review committee
has reviewed the request for a site plan waiver. Based on this review staff is unable to identify
any purpose that would be served by reqmring the submission of a site plan. Staffrecommends
approval of a full site plan waiver subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building
perrmt;
Provision of one parking space.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The tower will provide increased wireless capacity which may be considered consistent
with the provisions of Sections 1.4, 1.4.4 and 1.5.
The tower will not restrict permitted uses on adjacent propemes.
This request complies with the provisions of Section 31.2.4.1.
The design andheight of the tower is such that it will have limited visibility.
Staffhas identified the following factor which is unfavorable to this request:
1. There is an existing reasonable use of the property.
RECOMMENDED ACTION:
Staffopinion is that this request is consistent with the provisions of Section 31.2.4.1 &the
Ordinance and therefore, staffis able to recommend approval of this request subject to conditions
In the event that the Board chooses to deny this application staff offers the following comment:
Inorder to comply with the provisions of the Telecommunication Act, staff'requests consensus
direction fi.om the Board regarding the basis for denial of the application and instruction to staff
to return to the Board with a written decision for the Board's consideration and action.
Recommended Conditions of Approval.
The height of the tower shall not exceed the height of the tallest tree within 25 feet
downslope of the tower. The applicant shall provide a certified statement on the height of
the tallest tree. Antenna may extend 7 feet above the height of the tower. Equipment
extending above the tower shall not exceed three (3) inches in diameter.
2. The tower shall be designed, constructed and maintained as follows:
The tower shall be of wood.
Guy wries shall not be permitted.
The tower shall have no lighting.
The tower shall not be painted and shall be natural wood color.
3. The tower shall be located on the site as follows:
The tower shall be located as shown on the attached plan entitled "Tower site for
CFW Wireless CV-144" and initialed "WDF 4/6/98"
4. Antennas may be attached to the tower only as follows:
Antenna shall be limited to a maximum of six fiberglass antenna not exceed seven
(7) feet in height or three (3) inches in diameter.
b. Satellite and microwave dish antennas are prohibited.
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions.
10.
11.
12.
(1)
Prior to approval of a final site plan for the site or the waiver of the site
plan requirement, the permittee shall execute a letter ofiutent stating that it
will make a good faith effort to allow such location and will negotiate in
good faith with such other provider requesfmg locate on the tower or the
site.
(2)
The permittee shall provide to the County, upon request, verifiable
evidence that it has made a good faith effort to allow such location.
Verifiable evidence of a gOod faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to locate
on the tower and site in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within Albemarle County.
Each outdoor luminaire shall be fully shielded such that all light emitted is projected below
a horizontal plane mnning though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a "luminaire' is a complete lighting unit
consisfmg of a lamp or lamps together with the parts designed to distribute thelight, to
position and protect the lamps, and to connect the lamps to the power supply. Outdoor
lighfmg shall be limited to periods of ma'mtenance only.
Prior to beginning construction or installation of the tower or the equipment building~ or
installation of access for vehicles or utilities, the pennittee shall obtain authorization from
the Director of Planning to remove exisfmg trees on the site. The D'trector of Planning
shall identify which trees may be removed for such construction or installation. Except for
the tree removal expressly authorized by the Director of Planning, the permittee shall not
remove exisfmg trees within two hundred (200) feet of the tower, the equipment building,
or the vehicular or utility access.
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required.
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued.
The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider.
Minimum allowable radius for horizontal curvature of the access road shall be 40 feet;
No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures
acceptable to the County Engineer are employed;
13. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter;
14. The access road shall disturb no more than 75' in cross section.
The Planning Commission only must take the following action in order to authorize a site plan
waiver.
A waiver of the drawing ora site plan has been granted in accord with the provisions of Section
32.2.2. subject to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building
permit;
Provision of one parking space.
ATTACHMENTS:
A - Topographic Map
B - Tax Map
C- Applicants Information
- - ,70(
:L MILLER DISTRIGT.S
'S VILLE D~STRICT
~---- I ATTACHMENT BI
S~98-07
C~o,( Mtn. CVI.I~4 ./
/
/
,, /
/
5O
SECTION 98
SAM US&LOTTS~LL E AND
MILLER DISTRI
' county of Albemarle
OFFICE USEDNLY .... , .~ _
Application for Special Use Permit
IATTACHHENT C
Department of Building Code and Zoning Services
*Zorn# Distdct
*Zorn# Or~nce Section number
(*staff ~ill ~sist you with ~ese items)
Is this an amendment to an existing Special Use Permit?
Are you submitting a site development plan with this application?
~ Yes~ No
~ Yes[2 No
Contact Person (Whom should we calYwfite c~ncerning this project?):
[Address //~ ~_,J~a(~_~{~¢f ~ C~
Daytime Phone ( yqo ~ q~2- P(¢o F~ g
State l/~ Zip .~o~ ~o
E-mail en/c/p *~:~.c~.
Owner of land As listed in the County's records):
Address dD ¢,~/o/~.,;~ ~,~s~d'
Da) time Phone(g~q )eqz ? · :.:~-
Fax #
City .df.4c----~ ' / '
State P/~ Zip
E-mail.
Applicant (Whois the contact person represenun=. Who is requestin= the special use.): ~FO,)
IAddress //50 Ehe,~:~,~c::/~ j/7;-.~ -ZP~ Cit3 ~e~y.~;~..<~ .... State
DaytimePhone ~3/b ) yq~-~'ff'gO Fax# ,~/6~?Y2~ ~/o E-mail
___ Zip
Tax map and parcel
.,,.~.. ,., ....
Physical Address if assigned) ,.. /.~ _ c ,_ ~ ~
Location ofproperty landmarks, mtersecnons, or other)
Does the owner of this properD own (or have any ownership interest in) any abutting property? If yes, please list
those tax maJp and parcel numbers ,5/0
OFFICE USE ONLY ~-~\ c
Fee amount $_ ,/d. - Date Paid
History: ~ Special Use Permits [2 ZMAs and Proffers:
1'~3 [] Variances:
r..,., Q Letter of Authorization
~-J?APlbsq~ Concurrent review of Site Development Plan? O Yes [2 No
4i31 Mc[ntire Road -:' Charlottesville, VA 22902 o~o Voice: 296-5832 -:' Fax: 972-4126
J ATTACHMENT C J
Section 31.2.4.1 of the Albemarle County Zoning (Sr~inance states that, "The board of supervisors
hereby reserves unto itself the right to issue ail special use perm~.'ts permitted hereunder. Special use
permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent property, that the character of the district
will not be changed thereby and that such use -Will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in secuon
5.0 of this ordinance, and with the public health, safety and general welfare.
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What isthe Comprehensive Plan designation for this pmpe,~:y?
Howwilltheproposedspecialuseaffectadjacentproperty? "7-ket~ w~[[ de
H~wwi~~thepr~p~sedspecia~useaffectthecharacter~fthedistrictsurr~unthngthepr~perty? ,~o ~¢~"/:"-
How is the usein harmony with the purpose and intent of the Zoning Ordinance? t_~'-r*:ff/~ ~ ~
How is the use in aarrnon) with the uses permitted by right in the district?
What additional regulauons provided in Section 5.0 of the Zoning Ordinance apply to this use?.
2
I ATTA.CHIflENT ~
Describe your request in detail and include all pertinent information such as the numbers of persons
involved in the use, operating hours, and any unique features of the use: ~,r~,~; zd,'r~/er5 r*¢uer
ATTACHMENTS REQUIRED - provide two(2) copies of each:
Recorded plat or boundary, survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: [f you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to. the name of a corporation, parmership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the applicanon.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACH.MAENTS:
Drawings or conceptual plans, if any.
Additional Information. if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
knowledge.
Signatur~e /
Printed Name
Date
Daytime phone number of Signatory
I ATTACHMENT C I
DESCRIPTION OF REQUEST:
CFW Wireless requests a special use permit to construct and operme a Mini-cell Communications Tower
and associated equipment on the Mawyer Property at Cook Mountain. The Telephone Pole will be
supporting 2 antennas. The survey drawing will have the base height of the telephone pole and location, to
include easement to the site, The height of the Pole will be at tree top level. Find attached a site plan
drawing showing the Mini-ceil layout.
JUSTIFICATION:
CFW Wireless has been licensed by the Federal Communications Commission m provide PCS or Personal
Communications System service to the residents of Albemarle County. PCS is a revolution in cellular
technology. It is a phone with caller ID, a pager, and an answering machine in one lightweight, hand-held
umt all for less than current cellular service. It is CFW's intent to compete with the local exchange carrier
giving the residents of Albemarle County the option of doing away with [and line phones and having one
"go-anywhere" communications unit that has all of the services of land-line phones and more.
CFW requests this site at Cook Mountain to provide coverage for residents and commuters along Route 29.
This site will tie into other proposed sites North and South of this one. The property at Cook Mountain is
zoned AG. CFW feels that a Poie at tree top level will allow us Io provide our service in the manner
required by the FCC.
ATTAC:HlVlENT C
A491A ~llS 7790 INlaY ~9
NV~d ~15
I ATTACHI'SENT C~I
~ ~9 ~S
5~8" ~ ON CONN~TN~
M~WYER - D~ 451 P~ 281
T.Y~ 9~. PAt~CEL ~2
M~WYEI~ - DoS~ 451 P~
TOkYE, q SITE FO/?
C F I~1 Y/I, qELESS
CV- 14~t
PROPERTY OF
VIOLET P. MAt4/YEt~
SAMUEL MILL Et~ D/STRICT, ,aLBEMI~RL E CO., VA.
SC, aL E: I" = 50' FEB. I I, 1998
d.Y~. HARRIS, L.S.- STUA~qTS ~qAFT, V/~
WIRELESS
1150 Shenandoah Village Drive
P.O. Box 1328
Waynesboro, Virginia 22980-0909
540 946-3500
FAX: 540 932-2210
Albemarle County Board of Supervisors Meeting 5-20-98
CFW Wireless is the managing entity of Intelos Personal Communications. Intelos is a
digital wireless service that initiated service in Charlottesville in September of 1997.
There are currently two analog cellular carriers and six licensed PCS carriers in the
Albemarle County / Charlottesville Market. Intelos is the first digital PCS provider to
come to the Charlottesville area. CFW Wireless has successfully managed the balance
between effectively launching our service, and the desire to minimize the proliferation of
communications towers. We have 12 sites currently approved and/or in service in the
County and City. Of these, three new towers, six are collocations and three are Mini Cells
Sites.
In 1997. CFW Wireless applied to erect several towers on Rt. 29 south of Charlottesville.
Those applications meet with considerable concern from the Board. and in the interest of
reaching an equitable outcome CFW requested they be deferred. With the support and
recommendation of the Board of Supervisors and the Zoning Board. we pursued a Mini
Cell Site Strategy. The Mini Cell Site strategy involves wooden telephone poles no taller
then the surrounding tree height, rather than steel towers of 150 feet or taller. Members of
the Zoning Board and Board of Supervisors commented that several mini cell sites were
preferable to a single large tower site. The Mini Cell Site offers no opportunity for
collocation, but has a minimal visual impact.
CFW Wireless has invested nearly a year of design and engineenng around the Mini Cell
Site strategy. We believe the Mini Cell Site has the lowest possible impact in the
community and surroundings. Support for the Mini Cell Site is a key to our business plan
for the Charlottesville market. Without the support of the County, we would effectively
be denied the ability to compete in an increasingly aggressive market.
CFW Wireless intends to continue designing our Albemarle County network around the
Mini Cell Site. Albemarle Counties' support of the Mini Cell design has led us to
consider the same strategy in other counties throughout our service area. We will
cominue to promote and develop the most innovative and least obvious wireless network
in the region.
Form. 3
71251.86
To: Members, Board of Supervisors
From: Ella Washington Carey, CMC. Cle~
Subject: Reading List for May 20, 1998
Date: May 14, 998
June 2, 996- Mr. Martin
June 19, 996 - Pages - 15 ('end at Item # 0~ - Mr. Perkins
October 14(A), 1996 - Mrs. HumDhris
/ewc
MAY 20,1998
EXECUTIVE SESSION MOTION
MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION
PURSUANT TO SECTION 2. I -344(A) Of The CODE OF VIRGINIA:
UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL
AND STAFF REGARDING SPECIFIC LEGAL MA~-rERS REGARDING
TWO SERVICE AGREEMENTS; AND
UNDER SUBSECTION (7) TO CONSUlt WIth LEGAl COUNSEL
AND STAFF REGARDING SPECIFIC LEGAL MA]-rERS RELATING
tO THE TRANSITION OF CHARLOTTESVILLE TO TOWN STATUS
.... ARD OF SUPERVISORS
David P. Bowennan
C. harlofle Y. Humphris
COUNTY OF ALBE~L~! ~
Office of Board of Supermsor$
401 Mclnfire Road
Charlottesville, V'tr~inia 22902ak596
(804) 296-5843 FAX (804) 296-5800
June 8, 1998
Charles S. Martin
Walmr E Perkins
Sally H. Thomas
Mr. Charles A. Abbey
2708 Huntington Road
Charlottesville, Virginia 22901
Dear Mr. Abbey:
Thank you for your comments on the police and sheriff discussion at the May 20, 1998 Board of
Supervisor's meeting. The Board of Supervisors is also interested in a fair analysis of this public safety
issue, as well as an equitable allocation of resources to public safety, particularly at the state level.
To ensure that the State also addresses the public safety needs of all of our citizens without regard ro any
particular political agenda, file Board of Supervisors ar their Jane 3~a meeting approved submitting
spedific legislation to the 1999 General Assembly to address these equity concerns. The proposed
legislation requests the State to either fully fund the 599 funds to police departments across the state
(currently under-funded by $70 million dollars) and/or provide equal funding to police departments using
the same formula that ~s currently being used to fund sheriff's departments (currently i officer/1500
population).
Knowing that you Share our concerns in seeing this issue resolved fairly and equitably, I hope you will
join us in supporting equitable funding for public safety by letting Delegates Paul Harris and Mitch Van
Yahres and Senator Couric know that you support our proposed legislation.
Thank you again for your interest and comments and, hopefully, your support for the Board's legislative
request to the General Assembly. Please do not hesitate to call me, should you have any further questions
or concerns.
Sincerely,
Forrest R. Marshall, Jr.
Chairman
FRM, Jr/rww
98 011
pc: Albemarle County Board of Supervisors
Printed on rec3Jcled paper