HomeMy WebLinkAbout1997-04-02 David R Bowerman
Charlotte "Z Humph~
Fon'est R. Marshall Jr,
COUNTY OF ALBEMARLE
Office of Board of S~rs
401 Mdnfire Road
Chadottes~le, Vlr!tinia 22902-4596
(804) 2965843 FAX (804) 296-g ~00
MEMORANDUM
Charles S. Martin
Waiter E PerMm
Sally H. Thomas
TO:
FROM:
DATE:
SUBJECT:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Carey, CMC, Clerk ,{~
April 4, 1997
Board Actions of April 2, 1997
At the Board of Supervisors' meeting held on April 2, 1997, the following actions were
taken:
Agenda Item No. 1. Call to Order. Called to order by the Chairman atl 0:30 a.m.
Agenda Item No. 4. Other Matters Not Listed on the Aglnda from the PUBLIC.
There were none.
Agenda Item 5.1. Appropriation: Education (Donations and Grants), $11,819.61 (Form
#96063). APPROVED. Original form forwarded to Melvin Breeden.
Agenda Item 5,2. Appropriation: General Fund (Republican Primary, $18,165 IForm
#96064). APPROVED. Original form forwarded to Melvin Breeden.
Agenda Item 5.3. Appropriation: Department of Social Services Multiple Response
System Grant, $10,000 (Form #96065). APPROVED. Original form forwarded to Melvin
Breeden.
Printed on recycled poper
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: April 4, 1997
Page 2.
Agenda Item 5.4. Appropriation: OAR Management Information Systems Grant, $4,225
(Form #96066), APPROVED. Original form fwrwarded to Melvin Breeden.
Agenda ~tem 5.5. Proclamation proclaim/rig April as Fair Housing Month.
ADOPTED the proclamation.
Agenda Item 5.6. Set a public hearing for May 21, 1997, to amend and reordain Chapter
12, Motor Vehicles and Traffic, Article 1, in General, of the Code of Albemarle.
Public Hearing set for May 21, 1997.
Agenda ltem No. 6a. Transportation Matters: Update: Widening of Roate 20 Soath.
Mr. Charlie Williams said the status of the Roate 20 South project in the SLx Year Plan
will not be know~ until the first of June. VDOT has begun preliminary engineering work and
will provide a further update at that time. He will report to the Board as he gets additional
information.
Mr. Marshall said some residents of Lakeside Apartments are concerned that widening of
the road will generate additional waterflow on the road that runs alongside the complex, He
asked who would be responsible for correcting this problem since the road is on private property,
and the County cannot expend public funds to upgrade such a road. 1Mm Williams said VDOT
does not know, at this time, what the affect additional runoffwill have on the road. The
preliminary engineering studies will include identifying any affects to the watershed runoff. If
necessary, VDOT wilt make adjustments to pipe sizes, etc. The issue will be addressed.
Agenda Item No. 6b. Discussion: West Leigh Drive - CSX Railroad Crossing
(continued from March 1, 1997).
VDOT and County staff to work together on this project and report back to the Board on
a funding strategy.
Agenda Item No. 6c. Other Transportation Matters.
Mr. Williams provided an update a request from the Board last month regarding new
guardrail in two p/aces (Route 250 East just past the Ivy store and Route 708). Yesterday the
traffic engineer looked at these requests, along with restriping Route 20 south w/th pavement
Memo To: Robert W. Tucker, Jr,
V. Wayne Cilimberg
Date: April 4, 1997
Page 3.
markings. Mr. Williams will follow-up with the Board after he receives the report from the
traffic engineer.
Mrs. Thomas said work on Route 682 is complete except for being paved. Mr. Williams
said VDOT plans to overseed that again this week.
Mrs. Humphris asked for an update on the tree cutting on Route 20 North, just beyond
Broadus Memorial Church. She vis/ted the area and could not understand the purpose of the tree
cutting. She talked to Mr. Mills, of VDOT, who told her the reason for cutting the trees was
because they shaded the road in the winter, preventing snow and ice from melting quickly, and to
prevent them from falling onto the road. She perceives trees to be valuable, and asked what is
VDOT's policy and who makes the decision to cut the trees, Also, she received a telephone call
from an irate gentlemen about the medians on Route 29 North. VDOT is cutting huge trees, but
left some of the Iow scrub trees. VDOT only cut the significant trees.
Mr. Williams said during the winter months if VDOT experiences trouble in an area
where the sun does not allow their chemicals or snow plowing efforts to become effective and it
becomes an icy spot, and it is a complaint receiving area from local citizens, they show more
attention. Normally, in the spring VDOT will go into the area and open it up to allow more
sunlight in. That is part of their maintenance policy. However, VDOT's policy is to limit
vegetation to four inches or below. It sounds like in this instance VDOT did some clear cutting~
He will take a look at this and report back to the Board.
Regarding the Route 29 North project, that is a specific project VDOT's District
Envirmm~entalist has undertaken. It is kind of an experiment. They are trying to leave it in a
park-like setting. Their attempt is to try to clear some of the underbrush and undesirable
vegetation, and to leave some of the larger established trees. He is not aware of anything
excessive being undertaken. The District Environmentalist has been requested to come out and
review the area to look at what they plan to continue cutting. Mrs. Humphris said she wotfld like
to have more information.
Mr. Williams said VDOT's Chief Eng/neer has granted a design waiver to allow m~ 18~
foot timbermeck bridge on Route 614 in Sugar Hollow. It allows VDOT to post it as a s'mgle-
lane bridge structure. In addition, the designers are working on a timber guardrail system that
will be installed. This project should be ready for advertisement for construction bids in July.
Board members thanked the Culpeper District's stafffor their support.
Memo To: Robert W. Tncker, Jr.
V. Wayne Cilimberg
Date: April 4, 1997
Page 4.
Ms. Humphris said large through-truck restriction on Georgetown Road has been
approved by the Conunonwealth Transportation Board, and signage will be installed by April 28.
This is another major benefit to that neighborhood that the County would not have without
VDOT's support.
Mr. Williams announced that effective Monday morning, this residency office will be a
member of the Internet and can begin to receive E-mail. Cmrently on he and Mrs. Tucker will
have that capability.
Agenda Item No. 7. Public Hearing on a request to abandon Cree Road located in Crozet,
Virginia,
Adopted the attached resolution to abandon Cree Road located in Crozet, Virginia.
(Note: The Clerk will forward the resolution to applicant's attorney to file with the Clerk of the
Court, and will request a copy of the recording receipt.)
Agenda Item No. 8. Discussion: Business and Professional License Tax Amendment for
Real Estate Brokers/Agents.
Set the public hearing for May 7, 1997, 10:15 a.m., on the proposed Business and
Professional License Tax Amendment for Real Estate Brokers/Agents.
Agenda Item No. 9. Discussion: Request to set a public hearing to amend the service
area boundaries of the Albemarle County Service Authority to provide water only to Key West
Subdivision located on Tax Map 62, Sections 62B(1) 62B(2), and 62B(3), Cedar Hills
Subdivision located on Tax Map 62, Section 62C.
Set the public hearing for May 7, 1997, at 10:30 a,m., to amend the service area
boundaries of the Albemarle County Service Authority to provide water only to Key West
Subdivision located on Tax Map 62, Sections 62B(1), 62B(2), and 62B(3), Cedar Hills
Subdivision located on Tax Map 62, Section 62C.
Ms. Humphris asked that the staffreport for the public heating include the information
provided by Mr. Moore with regard to the well yields. Mr. Cilimberg suggested that Mr. Moore
provide that information in a memorandum, which he consented to do.
Agenda Item No. I0. Discussion: Request to set a public hearing to amend the service
Memo To: Robert W. Tucker, Jr,
V. Wayne Cilimberg
Date: April 4, 1997
Page 5.
area boundaries of the Albemarle County Service Authority for water service only to existing
structures on Tax map 59, Parcel 12(G) for Henry C. Keith.
Removed this item from the agenda.
Agenda Item No. I I. Cancel Board meeting for May 14, 199T
Canceled the Board meeting for May 14, 1997.
Agenda Item No. 13. Executive Session: Personnel, Legal and Disposition of Property
Matters.
Held an Executive Session pursuant to 2.1-344(A) of the Code of Virginia under
subsection (1) to discuss appointments to boards and commissions, under subsection (3) to
discuss the disposition of a portion of County-owned property, and to discuss an amendment to
an agreement to purchase property; and under subsection (7) to consult with legal counsel and
staff regarding specific legal matters relating to reversion,
Agenda Item No. 14. Reconvene and Certify Executive Session.
At 3:40 p.m., the Board reconvened into open session, and certified the executive session.
Agenda Item No. 15. Appointments.
Appointed Ms. Bethany Christenson Puopolo to the Amhitectural Review Board, with
said term to expire on November 14, 1000.
Appointed Mr. Donald Crosby to the Regional Disabilities Services Board, to fill out the
unexpired term of Karen Morris, with said term to expire on July 1, 1998.
Appointed Mr. W. Ivar Mawyer to the Equalization Board, representing the Smnuel
Miller District, with said term to expire on December 31, 1997.
Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD.
Mr. Tucker introduced Mr. William Mawyer, the new Director of Engineering and Public
Works. Mr. Tucker also thanked Mr. Jack Kelsey for serving as Acting Director.
Memo To: Robert W. Tucker. Jr.
V. Wayne Cilimberg
Date: April 4, 1997
Page 6.
Adopted the attached Resolution to Approve Addendum #2 To Purchase Agreement for
Monticello High School site.
There was general discussion pertaining to the microphones. Mr. Tucker said staff was
looking into replacing the microphones
Agenda Item No. 16. Adjourn to April 9, 1997, 7:00 p.m.
With no further business to come before the Board, the meeting was adjourned at 3:45
EC/lbh
Attachments: 2
ce: Richard E. Huff; I1
Roxanne White
Kevin C. Casmer
Larry Davis
Amelia McCulley
Bill Mawyer
Brace Woodzell
Richard Wood
Jan Sprinkle
Yadira Amari
File
RESOLUTION
WHEREAS, the Board was requested by a citizen to abandon a section of an old road not in
the State Highway or Secondary System; and
WHEREAS,the Board, on February 5. 1997, ordered that this matter be advertised for public
hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and
WHEREAS, after holding a public hearing on April 2, t997, the Board is satisfied that no
public necessity exists for the continuance of the section of road as a public road:
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that "Cree Road" be abandoned to public use as per the following description:
"A fifteen foot public road (Cree Road) established on August 8, 1880, Minute Book
25, Page 187, displayed in Deed Book 190, Page 506, beg~rming on the southern
bmmdary of a thirty foot prescriptive easement for State Route 240 laying east of
Crozet, Virginia, and one-half mile west of Highland Drive (Route 1240); thence
meandering in a southerly direction approximately two-tenths of a mile across the
property line separating the west Highlands West Limited Partnership parcel from
the eastern Adelaide W. Spaimhour parcel; ending on the northern boundary of an
eighty foot CSX right-of-way."
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 County Supervisors of Albemarle Comity, Virginia, at a
regular meeting held on April 2, 1997.
Clerk, Board of County Supervjgors
RESOLUTION TO APPROVE
ADDENDUM #2 TO PURCHASE AGREEMENT
FOR MONTICELLO HIGH SCHOOL SITE
WHERF~S, the County of Albemarle acquired property for a high
school site pursuant to an Agreement for Purchase of Real Estate dated July 20. 1995
(hereafter ~Purchase Agreement"); and
WHEREAS, the Purchase Agreement set forth certain requirements for
the construction of road improvements: and
WHEREAS, the parties to the Purchase Agreement now desire to
amend certain road improvement requirements; and
WHEREAS. the Board of Supervisors finds the amendments set forth
in the attached Addendum #2 To Agreement for Purchase of Real Estate should be
approved.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby authorizes the County Executive to execute Addendum
#2 To Agreement for Purchase of Real Estate. it being attached hereto and
incorporated herein by reference.
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 Albenmrle
County by vote of fgur to zero on April 2_, 1997,
Clerk. Board of County Su~rxSsors
?
MHSPURCH.WPD
COUNTY OF ALBEMARLE
OFFICE OF BOARD OF SUPERVISORS
CHARLO~'ESVILLE, VIRGiNia 229014596
April4,1997
Mrs. Angela G. Tucker
Resident Engineer
701 VDoT Way
Charlottesville. VA 229
Dear Mrs. Tucker:
At its meeting on April 2, 1997, the Board of Supervisors made the following comments
regarding transportation matters:
Mr. Williams said the status of the Route 20 South project in the Six Year Plan will not be
known until tire first of )une. VDOT has begun preliminary engineering work and will provide a
further update at that t/me. He will report to the Board as he gets additional information.
Mr. Marshall said some residents of Lakeside Apartments are concerned that widening of the
road will generate additional waterflow on the road that runs alongside the complex. He asked who
would be responsible for correcting this problem since the road is on private property, and the County
cannot expend public funds to upgrade such a road. Mr. Williams said VDOT does not know, at this
time, what the affect additional runoffwill have on the road. The preliminary engineering studies will
include identifying any affects to the watershed runoff. If necessary, VDOT will make adjusunents to
pipe sizes, etc. The issue will be addressed.
Agenda Item No. 6b. Discussion: West Leigh DrNe - CSX Railroad Crossing (continued from
March I. 1997;.
VDOT and County staff to work together on this project and report back to the Board on a
funding strategy.
Agenda Item No. 6c. Other Transportation Matters.
Mr. Williams provided an update a request from the Board last month regarding new guardrMl
in two places (Route 250 East just past the Ivy store and Route 708). Yesterday the traffic engineer
~ooked at these requests, along with restriping Route 20 south with pavement markings, Mr. Williams
will follow-up with the Board after he receives the report from the traffic engineer.
Mrs. Angela G. Tucker
April 4, 1997
Page 2.
Mrs. Thomas said work on Route 682 is complete except for being paved, Mr. Williams said
VDOT plans to overseed that again this week.
Mrs. Humphris asked for an update on the tree cutting on Route 20 North, just beyond
Broadus Memorial Church. She visited the area and could not understand the purpose of the tree
cutting. She talked to Mr. Mills. of VDOT, who told her the reason for cutting the trees ~vas because
they shaded the road in the winter, preventing snow and ice from melting quickly, and to prevent them
from falling onto the road. She perceives trees to be valuable, and asked what is VDOT's policy and
who makes the decision re cut the trees Also. she received a telephone call from an irate gentlemen
about the medians on Route 29 North, VDOT is cutting huge trees, but left some of the low scrub
trees. VDOT only cut the significant trees.
Mr. Williams said during the winter months if VDOT experiences trouble in an area where the
sun does not altow their chemicals or snow plowing efforts to become effective and it becomes an icy
spot. and it is a complaint receiving area from local citizens_ they show more attention. Nom~ally, in
the spring VDOT will go into the area and open ~t up to allow more sunlight in. That is parc of their
maintenance policy, However, VDOT's policy is to limit 5,egetation to four inches or below. It sounds
like in this instance VDOT did some clear cutting, He will take a look at this and report back to the
Board.
Regarding the Route 29 North project, that is a specific project VDOT's District
Environmentalist has undertaken. It is Mnd of an experiment. They are trying to leave it in a park-
like setting. Their attempt is to try to clear some of the underbrush and undesirable vegetation, and to
leave some of the larger established trees. He is not aware of anything excessive being undertaken.
The District Environmentalist has been requested to come out and review the area to look at what they
plan to continue cutting. Mrs. Humphris said she would like to have more information,
Mr. Williams said VDOT's Chief Engineer has granted a design waiver to allow an 18-foot
timber-neck bridge on Route 614 in Sugar Hollow. It allows VDOT to post it as a single-lane bridge
structure. In addition, the designers are working on a timber guardrail system that will be installed.
This project should be ready for advertisement for construction bids in luly.
Board members thanked the Culpeper District's staff for their support.
Ms. Humphris said large through-truck resttiction on Georgetown Road has been approved by
the Commonwealth Transportation Board, and signage will be installed by April 28. This is another
major benefit to that neighborhood that the County would not have without VDOT's support.
Mr. Williams announced that effective Monday morning, this residency office will be a
member of the Internet and can begin to recewe E-maiL Currently on he and Mrs. Tucker will have
that capability.
Mrs. Angela G. Tucker
April 4. 1997
Page 3.
Agenda Item No. 7. Public Hearing on a request to abandon Cree Road located in Crozet,
Virgima.
Adopted the attached resolution to abandon Cree Road located in Crozet. Virginia.
Agenda Item No. l l. Cancel Board meeting for May 14. 1997,
Canceled the Board meeting for May 14. 1997.
./EWC
Sincerely,
/
Ella W. Carey, CMC. Clerk /
/
cc: Robert W. Tucker, Ir.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Melvin A. Breedcn, Director of Finance
Ella W. Carey, CMC, Cler~
April 3, 1997
Board Actions of April 2, 1997
At its meeting on April 2, 1997. the Board of Supervisors took the following actions:
Item No. 5.I. Appropriation: Education (Donations and Grants). $11.819.61 (Form #96063). Approved.
Attached is the signed form.
Item No. 5.2. Appropriation: General Fund (Republican Primary, $18,165 (Form #96064). Approved.
Attached is the signed form.
Item No. 5.3. Appropriation: Department of Social Services Multiple Response System Grant, $10,000 (Form
#96065). Approved. Attached is the signed form.
Item No. 5.4, Appropriation: OAR Management Information Systems Grant, $4,225 (Form #96066).
Approved. Attached is the signed form.
Item No. 5.6. Set public hearing for May 21, 1997, to amend and reordain Chapter 12. Motor Vehicles and
Traffic, Article 1, in General. of the Code of Albemarle.
Public Hearing set for May 21, t 997.
Agenda Item No. 8. Discussion: Business and Professional License Tax Amendment for Real Estate
Brokers/Agems.
Public Hearing set for May 7, 1997, at 10:15 a.m.
Agenda Item No. l t. Cancel Board meeting for May 14, 1997.
Canceled Board meeting of May 14, 1997.
Memo To: Melvin A. Breeden
Date: April 3. 1997
Page 2.
site.
Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD.
Adopted the attached Resolution to Approve Addendam #2 to Purchase Agreement for Monticello High School
/ewc
Attachments (5)
cc: R/chard E. Huff. II
Roxanne W. White
Robert Walters
Kevin Casmer
Jackson Zimmerman
Jim Heilman
Kathy Ralston
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96064
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND GENERAL
PURPOSE OF APPROPRIATION:
REPUBLICAN PRIMARY.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1100013020120000
1100013020129100
1100013020130000
1100013020210000
1100013020312510
1100013020350000
1100013020360000
1100013020390000
1100013020520100
1100013020520300
1100013020540200
1100013020550100
1100013020600100
1100013020601700
OVERTIME WAGES
CUSTODIAL WAGES
PARTTIME WAGES
FICA
ELECTION OFFICIALS
PRINTING & BINDING
ADVERTISING
OTHER PURCHASED SERVICES
POSTAL SERVICES
TELECOMMUNICATIONS
LEASE/RENT
TRAVEL-MILEAGE
OFFICE SUPPLIES
COPPY SUPPLIES
$700.00
210.00
525.00
95.00
10,620.00
275.00
180.00
3,950.00
70.00
1,100.00
125.00
140.00
100.00
75.00
TOTAL $18,165.00
REVENUE DESCRIPTION AMOUNT
2100051000510100 GENERAL FUND BALANCE $18,165.00
TOTAL $18,165.00
************************************************************************
REQUESTING COST CENTER: REGISTRAR
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE
/
/
/
DATE
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96065
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND GENERAL
PURPOSE OF APPROPRIATION:
SOCIAL SERVICES MULTIPLE RESPONSE PILOT PROGRAM.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1100053013310000
1100053013520100
1100053013550100
1100053013600100
1100053013601700
1100053013800100
1100053013800300
PROFESSIONAL SERVICES
POSTAL SERVICES
TRAVEL-ROUTINE
OFFICE SUPPLIES
COPY SUPPLIES
MACH. & EQUIP.
COMMI/NICATION EQUIP.
g5,230.00
320.00
t00.00
300.00
2,000.00
1,500.00
550.00
TOTAL $10,000.00
REVENUE DESCRIPTION AMOUNT
2100024000240605 MRS-GRANT REVENUE-STATE $10,000.00
TOTAL $10,000.00
REQUESTING COST CENTER: SOCIAL SERVICES
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
S I GNATURE
/
/
DATE
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96066
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND GRANT
PURPOSE OF APPROPRIATION:
DCJS GRANT.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1152229406800700 COMPUTER HARDWARE $4,225.00
TOTAL S4~225~00
REVENUE DESCRIPTION AMOUNT
2152224000240000 STATE CATEGORICAL AID $4',225.00
TOTAL $4,225.00
REQUESTING COST CENTER: POLICE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE DATE
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96063
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND
SCHOOL/GRANT
PURPOSE OF APPROPRIATION:
DONATIONS TO SCHOOLS/EDWAA GED GRANT/EDWAA GED REAPP.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1225161101580000 MISC. EXPENSE $5 000.00
1211161311601300 ED/REC SUPPLIES 250.00
1311663348132100
1311663348210000
1311663348601300
EDWAA GED GRANT
P/T WAGES
FICA
ED/REC SUPPLIES
510.48
365.18
48.00
1311663348132100
1311663348210000
EDWAA GED GRANT
P/T WAGES
FICA
1 529.02
116.93
TOTAL $11,819.61
REVENUE DESCRIPTION AMOUNT
2200018100181109 DONATION $5,000.00
2200018100181109 DONATION 250.00
2311633020330019 EDWAA GED GRANT 4,923.66
2311651000510100 EDWAA GED Gi~-ANT-REAPP. 1,645.95
TOTAL ~11,819.61
************************************************************************
REQUESTING COST CENTER: EDUCATION
APPROVALS:
DIRECTOR OF FINA/qCE
BOARD OF SUPERVISOR
SIGNATURE
/
/
/
DATE
RESOLUTION TO APPROVE
ADDENDUM #2 TO PURCHASE AGREEMENT
FOR MONTICELLO HIGH SCHOOL SITE
WHEREAS, the County of Albemarle acquired property for a high
school site pursuant to an Agreement for Purchase of Real Estate dated July 20, 1995
(hereafter "Purchase Agreement"); and
WHEREAS, the Purchase Agreement set forth certain requirements for
the construction of road improvements; and
WHEREAS, the parties to the Purc~hase Agreement now desire to
amend certain road improvement requirements; and
WHEREAS, the Board of Supervisors finds the amendments set forth
in the attached Addendum #2 To Agreement for Purchase of Real Estate should be
approved.
NOW, THEREFORE, BE 1T RESOLVED that the Albemarle County
Board of Supervisors hereby authorizes the County Executive to execute Addendum
#2 To Agreement for Purchase of Real Estate, it being attached hereto and
incorporated herein by reference.
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 by vote of four to zero on April 2, 1997.
Clerk, Board of Cotmty S;rvisors
MHSPURCH;WPD
BOARD OF SUPERVISORS
COUNTY OF ALBEMA :0;;;0' c' 0
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Education / Grant
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation 96063 in the total
amount Of $'J 1 819.61 for various donations and grants
received in Education.
STAFF CONTACT(S):
Messrs. Tucker, Huff, Castner, Breeden
AGENDA DATE:
April 2, lgg7
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
At its meeting on March 10, 1997, the School Board approved four appropriations.
DISCUSSION:
· Appropriation of $5,000.00 for Stone Robinson Elementary School
Stone Robinson Elementary School received an anonymous donation in the amount of $5,000.00.
This donation is to be used to ~3urchase shoes for the marching band, refurbishing band uniforms,
and a drum set.
Appropriation of $250.00 from the Sycamore House Studio Art Shop
Albemarle County Schools has received a donation from the Sycamore House Studio Art Shop in the amount
of $250.00. This donation is to help defray the cost of the Fine Arts Festival held February 23 through March
9 at Fashion Square Mall.
Appropriation of $4,923.66 for the EDWAA GED Grant
Piedmont Community College, Economic Dislocation and Worker Adjustment Assistance Act, General
Education Grant (EDWAA GED) would like to extend the EDWAA GED preparation classes provided by
Albemarle County Adult Education for their clients. These classes have been offered for the last several
years ending in November 1996. Due to an increase in available funds an extension of these classes is
requested through June 1997.
Re-appropriation of $1,645.95 for the EDWAA GED Grant
The Economic Dislocation and Wonder Adjustment Assistance Act, General Education Grant (EDWAA GED)
has a fund balance in the amount of $1,645.95. These funds will be used to support EDWAA GED classes
that were held July through August 1996.
RECOMMENDATION:
Staff recommends approval of the appropriations in the total amount of $11,819.6'] as detailed on appropriation
#96063.
97.062
BOARD OF SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY o.~ ~/~'~(~ Z -~-~-~
03-25-97P0':40 RCVD
AGENDA TITLE:
Appropriation - General Fund
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #96064 in the
amount
of $18,165.00 to fund the cost of conducting a
statewide Republican Pdmary.
STAFF CONTACT(S):
Messrs. Tucker, Huff, Breeden, Heilman
AGENDA DATE: ITEM NUMBER:
Apdl 2, 1997
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: /Ye/~~_....~
REVIEWED BY:
DISCUSSION:
A statewide Republican Primary has been called for June 10, 1997. Adjustments in the Registrar's budget will be
necessary to cover the extra expense of conducting this primary.
RECOMMENDATION:
Staff recommends approval of the Appropriation #96064 in the amount of $18,165.00.
97.063
03-2?-9%09:22
COUNTY OF ALBI=MARLE oA oF SU B VmO S
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation Depadment of Social Services Multiple
Response System Grant
SUBJECTIPROPOSAIJREQUEST:
Request approval of Appropriation #96065 in the amount of
$10,000 for the Multiple Response System Grant.
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Ms. Ralston
AGENDA DATE:
April 2, 1997
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
~FORMA~ON:
A AC.ME.TS:
.EVlEWEDB¥=
BACKGROUND:
The Department of Social Services has been selected as one of five agencies statewide to pilot a new Chitd
Protection system authorized by the 1996 General Assembly celled The Multiple Response System. Virginia is one
of six states implementing a multi-tract system and is seen as the state with the most potential for success by the
National Committee to Prevent Child Abuse. The start up phase of the program authorizes up to $10,000 to assist
the department.
DISCUSSION:
The Multiple Response System is a three track system consisting of a 1) Referral Tract, 2) Assessment Tract and
3) |nvestigative Tract. The current system of child protection is crisis oriented with the Department of Social Services
carrying the primary responsibility for protecting children. Additionally, the system has a single response to all
reports of child abuse and neglect, e.g. investigation and a finding based upon available facts in the case. This
results in a perception that the community is not responsible and, that in order to be consistently fair, the system
must be prescriptive, homogenous and crisis oriented, responding only to incidents of maltreatment.
The Multiple Response System allows for a response to indicators of anticipated problems as well as to incidents
of abuse and neglect. It also sets a process for full community acceptance of the responsibility for protecting
children and allows the department, as par[ of the community system, to have the capacity for multipte responses.
MRS is a means to recapture the essence of what CPS is meant to do, i.e., to help abusive/neglectful families mak~
changes that enhance their strengths and their ability to nurture the'.' children allowing them to grow and develof
in safety.
The current system has responded to vocal opponents by increasing its attention to the rights of the adults who ar,
labeled by the system. Ensuring these rights has centered around the Central Registry of names and incider
information that is maintained by the state for up to eighteen years from the date of the complaint. The focus of thi
has increased to the point where notifications, evidence collection, documentation, and appeals have eclipsed th
nature of work with families. MRS allows the system to self adjust so that attention to the alleged's rights
maintained when the consequences are grave, yet allows these protections to be set aside when the abuse/negle
is not serious and Central Registry entry is not needed. Most cases brought to the attention of CPS fall into the "n
serious" category.
Funds will be used for treatment services through Children, Youth and Family Services, as well as Region Ten CE
Outreach program. Critical to the success of the program is public information, especially since surroundi
localities will sti{I be maintaining the current system while Albemarle moves into the new system. Public Informati
AGENDA TITLE:
Appropriation Department of Social Services Multiple Response system Grant
April 2, 1997
Page 2
services such as brochures, copying and postage will also be funded by the grant. The program officially began
March 1, 1997 and the pilot continues for three years.
Anticipated Outcomes:
1. Community involvement and ownership
2. Preventing unnecessary involvement of families with CPS through provision of community based alternatives.
3. Appropriate response of CPS which wilt prevent abuse and neglect, support the family and first, do no harm.
4. Increase the safety of the children who come to the attention of the system.
5. Decreased incidence of abuse/neglect through prevention efforts (assessment tract).
RECOMMENDATION:
Staff' recommends approval of Appropriation #96065 in the amount of $10,000 for the Multiple Response System
in the Department of Social Services.
97.064
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
Appropriation - OAR Management Informa~on Systems Grant
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation ~96066 in the amount of
BOARD OF SUPERVISO
AGENDA DATE:
April 2, 1997
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT,S):
Messm. Tucker, t3reeden, Walters, Mss. White, Smith
ATTACHMENTS:.._./_.Y---~!~]~[
I REVIEWED BY: <"~" '~'
/
BACKGROUND:
The Virginia Department of Cdminal JuslJce Services (DCJS) has approved a minigrant for Community Corrections and Pretrial
agencms to purchase computer hardware and related equipment. This grant is part of the current DCJS effort to acquire
computers for Community Corrections and Pretrial staff.
DISCUSSION:
The DCJS grant is $4,225.00, There is no local match. Additional funds are not required.
RECOMMENDATION:
Staff recommends approval of Appropriation #96066 in the amount of $4,225.00.
97.067
03-26-9??04:53 ROVD
AGENDA TITLE:
Fair HOusing Month Proclamation
COUNTY OF ALBEMARLE OAP, U OF SUPERVISORS
EXECUTIVE SUMMARY
AGENDA DATE:
April 2, 1997
A~TIQ, N:
SUBJECT/PROPOSAL/REQUEST:
AcknOwledge and celebrate April as Fair Housing Month by
adopting the Fair Housing Month Proclamation
STAFF CONTACTIS'~:
Mr. Tucker. Ms. ,McDo, na{d Ms. White
INFQRMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: ~
REVIEWED BY: ....
?
BACKGROUND:
April is Fair Housing Month and Albemarle Counts Office of Housing has planned a brief celebration for Wednesday, April 2,
to recognize the progress towards equal opportunity housing that has been made possible by the Fair Housing laws. Albemarle
County will celebrate its commitmentto fair housing with fesi~ties to be held in the lobby of the County Office Building from 9;00
am until neon ~th refreshments and educational materials for d'~tribution. The day's events will include a proclamation to be
adopted by the Board of Supe~visers.
This year's formal program on Fair Housing Accessibility will be held April 23 at the Sheraton Inn, Doubletree and is jaintiy
sponsored as a state-wide conference with seven state housing er related organizations.
DISCUSSION:
The County seeks to acknowledge Mr. W.A. Pace, Jr., for his advocacy on behalf of affordable housing effods and to dedicate
this second Fair Housing Month Proclamation to him. For example, as a founding member of the County's Housing Committee
Mi' Paces dedication to the ssue of hotla~g education resuited directly in the creation of the County's Comprehensive Housin.c
Counseling program and the HOMEBUYERS Clubs.
Attached is the proclamation and Fair Housing Accessibility Conference informat'mn,
RECOMMENDATION:
Staff recommends approval of the Fair Housing Month Proclamation.
97.065
! wI
PROCLAMATION
WHEREAS,
April, 1997, marks the twenty-ninth anniversary of the passage of the Fair Housing Act of
1968 which sought to eliminate discriminationin housing opportunitiesand to affirmatively
further housing choices for ail Americans; and
WHEREAS, the ~ngoing struggle f~r dignity and housing ~pp~rtunit~f~r a~l is n~t the exc[usivepr~vince
of the Federal government; and
WHEREAS, vig~rous l~cal e~~rts t~ c~mbat discriminati~ncan be as effective~if n~t more so~ than federd
efforts; and
WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, that diminish the
rights of some citizens diminish the rights of ail;
NOW, THEREFORE, BE IT RESOLVED, that in the pursuit of the shared goal and responsibility
of providing equal housing opportunities for all men and women, the Board of County
Supervisors of Albemarle County, Virginia, does hereby join in the nationcd celebration by
proclaiming
APRIL, 1997
as
FAIR HOUSING MONTH
and encourage all agencies, institutions and individuals, public and private, in Albemarle
County to abide by the letter and the spirit of the Fair Housing law; and
RESOLVED, that Mr. W. A. Pace, Jr., has been an advocate for the housing needs of lower income
residents, and was a founding member of the Albemarle Housing Committee,
AND FURTHER RESOLVED that this second annual proclamationis dedicated to Mr. W.A. Pace, Jr.,
upon the occasion of his retirement and in recognition of his contributions to the County's
affordable housing efforts.
Signed and Sealed this 2nd day of April, 1997
C rlotte Y. H~rr~hris, Chairman
Albemarle Board of County Supervisors
AG~TDA
7t~5/86
COUNTY OF ALBEMARLE BOARD OF SUPERVISORS
(~ 23-28-97A~,8: d'7 RCVD
EXECUTIVE SUMMARY ~_- ~/.~/~7_ -
AGENDA TITLE:
Amendment to Chapter 12, Motor Vehicles and Traffic
Ordinance
S UBJECTIPROPOSAL/REQUEST:
Request to adver'dse for a public hearing to amend and
reordain Chapter 12, Motor Vehicles and Traffic, Article I,
in General. of the Code of the County of Albemarle, Va.
STAFF CONTACT{S):
Messrs. Tucker, Huff, Miller
BACKGROUND:
AGENDA DATE: ITEM NUMBER:
April 2, 1997 ~. ,~ 4/~,~
ACTION: INF. ORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS:
REVIEWED BY':
/
Amendments to Chapter 12 of the County Code would expand and clarify the parking rules and regulations of the
County. The~rdinancegrantsp~~ice~~cersexpandedauth~rityt~issueparkingticketsand~remarsha~sautbority
to enforce fire lane violarions.
DISCUSSION:
Police officers currently are limited in their authority to issue parking rickets county*wide. Officers can issue parking
rickets for only a "No County Decal" or "Parking in Handicapped Parking Space" and "Fire Lane Violations."
Albemarle County requested and received author'~ from the General Assembly in 1995 to grant expanded authority
for issuing of parking rickets.
The ordinance expands the type of viola~ons where officers may issue parking tickets. Currently officers are required
to have a driver sign a traffic summons before enforcement action can be taken for raurine parking violarions (other
Fnan ~cee offenses listed above). Th~s ~s labor intensive since officers must try and locate or wait for a driver who is
illegally parked. Granting officers the authority to issue parking rickets will allow officers to take enforcement actions
for parking violations more qu'mkiy and efficiently by placing the violation notice on the vehicle. Officers would be
granted the authority to enforce such items as:
parking on any sidewalk:
parking in front of a driveway;
double parking;
parking in a loading zone as indicated by signs or markings;
parking on a bridge;
parking in a marked crosswalk,
blocking a fire hydrant.
As development in the county has increased, so has traffic and parking-related problems. Many parking violarions
have been ~ncerporated into the ordinance based in response to citizen concerns.
RECOMMENDATION:
Staff recommends th~t.apublic hearing be set to consider amendments to Chapter 12, Motor Vehicles and Traffic
97.066
DRAFT:
March 25, 1997
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12_ MOTOR
VEHICLES AND TRAFFIC. ARTICLE I. IN,GENERAL, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supermsors of the County of Albemarle.
Virginia. that Chapter 12, Motor Vehicles and Traffic, Article I. In General. is hereby
amended and reordained as follows:
By Renumbering:
Section 12-5
Section 12-6
Section 12-7
Section 12-8
B)? Renumbering and Amending:
Section 12-3
Section 12-4
Section 12-8.1
Authority of fire deparcmem offidals to direct
traffic, etc.
Stop signs; yield right-of-way s~gns.
Permits for parades and processions.
Putting glass, etc., on highway prohibited.
Tail gates on vehicles.
Iniuring, tampering or interfering generally
with vehicles.
Parking-Certain restricted areas.
Section 12-8.2
Same-Enforcement of parking regulations:
notice of violations: waiver of trial: contesting
charges; penalties.
By Adding New:
Section 12~3
Section 12-4
Section 12-5
Section 12-5,3
Section 12-5.4
Section 12~5,5
Sec¥~on 12-6
Section 12-6.2
Section 12-6.4
Section 12-7
Section 12-8
Section 12-9.2
Sec. 12-3. General Prohibitions.
General Prohibitions.
Restricted parking on county-owned property.
Stopping or parking; generally.
Parking on private property.
Parking or standing in fire lanes.
Regulated parMng areas; parking meters.
Vehicles: generally,
Vehicle reqttiremenrs.
Removal and disposition of abandoned or
unattended vehicles.
Emergencies; parking restrictions.
Authority of fire department officials to direct
traffic, etc.
Presumption in prosecution for parking
violations.
(a) It shall be unlawful for any person to park or stop a vehicle, except when
_n.¢cessarv to avoid traffic or with the directions of a police officer or traffic-contro!
device in any of the following locations:
(1) On any sidewalk.
(2) In or in front of any driveway so as to block the use pf such
driveway to others.
Within fifteen ( 151 feet of any fire hydrant.
(4) Any closer to a corner than is indicated by sikhs or marks upon the
_road or curb.
(5) Within any bus zone, as indicated bv signs or marks upon the road;
.or curb,
(6) Within a marked crosswalk.
(7) Abreast of another vehicle parallel to a curb (double parkine).
(8) Within any loading, zoning, as indicated bv signs or marks upon
the road or curb,
f91 Within any zone indicated by signs or marks upon the road or
qurb as a no par_ldn~ zone.
(i0) At any location for a longer time than is permissible by s~tms or
marks upon the road or curb (overtime parMng).
( 11 ) In any fire lane marked or indicated as such
(!.2} On any pass unless such parking is indicated bv si~n as
Dermlssiv
(131 Within fifty (50) feet of the nearest rail of a railroad eyade
crossing.
I 14/Alongside or opposite any street excavation or obstruction, when
such oarking would obstruct trafflc.
( 15~ Upon any bridge or other elevated structm'e on a highway or
~vit3tin a tunnel,
(16~ At any place where offmial signs prohibit parking.
(bi Law-enforcement officers may move or cause to be moved motor vehicles
to any place they may deem expedient without retard to the provisions of this
secuon, when in the performance of their lawful duties.
State law reference ~- for state taw as to the authoriw of the county to adopt
this section, see Code of Va. § 46.2-1220. , Previous § t2-3 Tail gates on vehicles is
now § t2-6 Vehicles: ~enerallv. ~
Sec. 12-4. Restricte4 parking on county-owned p_Lopertv.
t a) The county execuuve is authorized to designate specific areas on counw-
owne_d properw to be restri_.ct_ed parkinE zones. The counw executive shall designate
the types of motor vehicles which may be permitted to park in the restricted zones
and the time, place and manner in which such vehicles may be permitted to park in
the restricted parking zones. The county executive shall make such rules and
3
regulations as par~ijq.~ conditions, may requ'lre in the restricted parking zones and
under the varying conditions that may exist at different times~
It shall be the duty of the county executive, upon the adoption of such
re_gulations but before the same shall become effective, to give oublic notice thereof
by establishing and postin< signs or by other means which may be reasonably
adequate to readil.5~ inform the operators of vehides in restricted parldn~ zones of the
existe_nce, nature ai~d requirements of such recreations_.
(b) It shall be unla~wful for any person to park or stop a motor vehicle of a type
or in a manner which violates the provisions of any rule or retulation restrictin~ the
parl~dng of n.~otor vohicles.on county-owned property.adopted and promulg, ated i~
accordance with this section.
State law r.e. ference -- for state law as ~9 the authority of the county to adopt
this section see Code of Va § 46.2-1221 (Previous § 12-4 lniuring, tamoering or
interfkrin~ .tener~!v with vehic!es is now § 12:6 Vehkdes; generally ~
Sec. ~_2-5. Stoomn~ or t~arkins: generally
(a) No person shall stop a. vehicle in such a manner as to impede, or rende~
dangerous the use of hithways or counw roads by others, except in the case of an_
emergency, an accident, or mechanical .breakdo~vn. It~ the event of any st~ch
emergencv~f such veKml_e shall
_be turned on? if the vehicle~_is equipped with such liahts and such liihts ale 9pera_ting.
_A report of the vehicle's 19cauoa shall be ma_d.e to d~_e nearest police offig¢r as soon as
practical, The vehicle shall be moved. [0 the shoulder as soon as possible and the_I!
removed from the shoulder with.out unnecessary delay, If sgch vehicle is not
rtE~.om..ptl¥ removed, removal may be ordered by a police offic_er, at the expe_~e 9f the
owner, if such velTide crea[es a traffic hazard.
For_.state law as to. stopping_, on highways_. . . see Code_ of. Va. § 46.2-_888.
(b) The prc~visions of sub~ection (a) sb, all not_apply to any vehicle owned
con~rolled.bv the Virginia Department _of Highways and T~nsportation_or the
cou_.n, tv wt.~i!e act__uallv e_n?a~ed_jn_the construction, reconst__mction or ma_i_ntenance
hi_hlg_Ixwavs a_nd roads.
For state la~ as to excep.tions for certain vehicles, see Code of Va. § 46.2~891.
4
(c~ No verson havine control or charge of a motor vehicle shall allow such
y~hicle to stand on any hithwa¥ unattended, without first effectively setting the
emergency or Darkint brake thereon, stoppin~ the motor and mrninl the front wheels
into the curb or side of the roadway
(d) The operator of a motor vehicle, trailer or semitrailer, when temporarily
stopped on the traveled or paved portion of a hithwav so as to create a traffic hazard,
shall flash all four ~4~ turn signals simultaneously to signal approaching motorists of
the ex/stint hazard, whenever such vehicle is equipped with a device which will cause
the four (4) turn sienals to flash simultaneously.
(e) No truck or bus except a school bus, shall be stopped ~vhollv or partially
on the traveled portion of any highway in the county outside of a town for thc
purpose of takin2 on or dischar2inv careo or passengers unless the operator cannot
leave the traveled portion of a highway with safety. A school bus may be stopped on
the traveled portion of a h~lhwav when takin~ on or dischartdn~ school children but
such stops shall be made only at points where the bus can be clearly seen for asafe
distance from both directions.
Fgr state law as to stoppin,~ on highways see Code of Va. § 46.2-893.
(Previous § 12-5 Authority of fire department officials to direct traffic, etc. is
now § 12-8.1.)
./
Sec. 12-8.1 12-5.1. Parldng -- Certain --Restricted areas -- handicapped parking.
~ a~ It shall be unlawful for a _any operator of a motor vehicle not displaying a
license plate, decal or special parldng permit, issued under section 46,2-731.46.2-739
or 46.2-1237 46.2-12g$ of the Code of Virgima. ro park in a parking space identified_
by an above-grade si~n a~ reserved for the handicapped on public property or at
privately o~med parking areas open to the public.
(b) Any person violating this section may be issued a summons without the
necessity of a warrant being obtained by the o~wxer of such prwately owned parking
area,
to ............. ~. ......... ~, ~ ........ ~ ...... constitute a Class 4 misdemeanor,
punishable by a fine as follows:
If paid within 48 hours ...... $ 50.00
If paid. gfter 48 hours .........................$100.00
State law reference--for state law as to authority of county to adopt this
secuon, see Code of Va., § ~,6,2-1237.
Sec. 12-6. 12-5.2. Stop signs; .vield right-of-way signs.
The county executive, or his designated agent, shall have the power to desig-
nate intersections at which vehicles shall come to a full stop or yield the right-of-way;
provided, that nothing herein shall be construed as authorizing the county executive
to so designate any intersection within the Town of Scottsvitle.
~ 12-19-74'~
Sec. ,12~5.3. Parking on private prooertv.
No person shall stand or park a vehicle on any private lot or lot area without
the express or implied consent of the owner thereof. Whenever signs or markangs
have been erected on any lot or lot area, contiguous or adiacent to a street, road,
highway or alley, indicatin.g, that no yehicles are permitted to stand or park thereon,
shall be unlawful for any person to stop. stand or park any vehicle in such lot or lot
area, or tO drive a vehicle a~oss an,/curb or lot line or over any driveway fro~3, a
street, road. alley or highway into such lot or lot are4 for the purpose of standing- or
parlcin< such vehicle,.
Sec. 12-5.4, Parkin~ or standing in fire lanes.
(a) It shall be unlawful for any person to park 9r stand;a vehic!e in any_
desiwnated and marked fire lane.
{b) The placement of _a vehicle, for any purpose, within.a fire lane
perpendicular, t0 the curb or edte is prohibited.
(c} Any police officer or the fi/:¢ marshal or his. .authorized representatives who
fin_ds any vehicle in violation of this section shall have the authority to remove such
vehicle at the owner's risk and expense. This authori, t¥ shall extend to any fire or
6
rescue officer in charge of~a fire or rescue 9peration who finds any such violation to
.b.p interfer~n,~ with such e.mergencv operations.
(d), The counw police or the fire mtrshai or his au_~thonzed representative~ are
authorized to enter any fir~ lane for the pprp, ose of enforq!n2 the provisio_.n,s of this
section.
el~No provision of this section shall aovlv to fire. rescue or volice vehicles
while they are involved in emergency operations,
Sec. 12-5.5, Retmlated parking areas; parkine meters
(al The Board of Supepdsors shall have the authoriW to direct the counw
executive to order and arranee for the installation and maintenance of parkin~ meters
at sites desitmated by the Board. The Board shall by reso.l!ltion set the prices and
time limits for parkin~ in the areas regulated by such parking meters.
(b) Members of the police department and any other county personnel
desitmated bv the Tmlice chief shall enforce the restrictions and regulations set by the
Board regardina Darldna meters. Such enforcement shall be in compliance with
Section 12-9.1 of this Code
Stare law reference -- for state law as to the authoriW of the county to adopt
this section, see Code of Va. ~ 46.2-1220.
Sec. 12-3. q'~:~ ...... ~'~
.... 8=~cs on ....... 12-6, Vehicles; generalN.
ia) It shall be unlawful for the operat°r of any truck, trailer or other vehicle
equipped with a ~aiI gate. to lower or open the tail gate thereon, or to suffer or permit
such tail gate to be lowered or opened, except during the time the vehicle is being
loaded or unloaded, and except during the time the load on the vehicle necessitates a
lo~vered or opened tail gate as a support for the load. ~t shall be the duty of the
operator of any such vehicle to see that the tail gate on such vehicle is kept dosed or
raised, except during the times hereinbefore specified,
(10~19-72. § 2)
(b) No person shall individually or in association with one or more others
wilfullv break, in}ute, tamper with or remove any part of any motor vehicle, trailer or
semitrailer for the purpose of injuring, defacing or destroying such motor vehicle.
trailer or semitrailer or temporarily or permanently prevenung its useful operation, or
for any purpose, against the will or without the consent of the owner of such motor
vehicle, trailer or semitrailer, nor shall any person in any other manner wilfully or
maliciously interfere ~vith or prevent the running or operation of such motor vehicle.
trailer or semitrailer.
LG No person shall, without the consent of the owner or person in charge of a
motor vehicle, trailer or semitrailer, climb into or upon such motor vehicle, trailer or
semitrailer with intent to commit any crime, malicious mischief or inlury thereto: or,
while a motor vehicle trailer or semitrailer is at rest ~,,~ u,L=~,~, shall attempt to
manipulate any of the levers and starting crank or other device, brakes or mechanism
thereof or to set such motor vehicle, trailer or semitrailer in motion, except that the
foregoing provision shall not apply when any such act is done in an emergency, or in
furtherance of public safety or by or under the direction of an officer in the regulation
of traffic or the performance of any other official duty.
(d) Any person violating the prowslons of this section shall be punished as
provided in section 1-6 12-9.1.
{Code 1967. § 12-6
For state law as to injuring, destroying, etc. see Code of Va. § 18.2-146.
Previous § 12-6, Stop signs yield right-of-way signs is now § 12-5.2. }
Sec. 12-7 12-6. Permits for parades and processions.
No athletic contest, race. demonstration, planned gathering or parade,
excepting the milita, rv forces of the United States ~U-my or Na;7, the military forces
of the state and police and fire vehicles and personnel, shall occupy, march or proceed
along any street, road or highway, except in accordance with a permit issued by the
chief of police and such other regulations as are set forth in this chapter which may
apply.
"Code 1967. § t2-8; 4-13-88)
Sec. I2-6.2 Vehicle requirements.
lat It shall be unlawfui for any person to park. keep or permit to be parked or
kept any motor vehicle, trailer or semitrailer in or on any public highway street,
8
alley, public easement or other public thoroughfare in the county, or any other area
in the county subiect to reqn. alations bv the county, unless:
( I ) The motor vehicle shall be currently msaected and approved in
accordance with the provisions of the laws of the state;
(2~ The vehicle shall be currently regtstered and licensed to be operated
upon the highways of this state m accordance with the provisions of the
laws of this state and a valid state license olate shall be visibly
displayed; and
(3) The vehicle shall be currently licensed to be operated upon the
highways and roads of the counw in accordance with the la~ of the
county, and the county motor vehicle sticker shall be visibly displayed.
Sec. 12-8 12-6.3_ Putting glass, etc., on highway prohibited.
(a) No person shall throw or deposit or cause to be deposited upon any street
or highway any glass bottle, glass: nail, tack, wire. can or any other substance likely to
injure any person or animal or damage any vehicle upon such street or highway, nor
shall any person throw or deposit or cause to be deposited upon any highway any
soil. sand, mud, g~avel ox other substances so as to create a hazard to the traveling
public.
(bi Any person who drops, or permits to be dropped or thrown, upon any
street or highway any destructive, hazardous or iniunous material shall immediately
remove the same or cause it to be removed.
(c~ Any person removing a wrecked or damaged vehicle from a street or
highway shall remove any glass or other in}urious substance dropped upon the street
or highway from such vehicle.
d5 Arty person violating the pro¥ismns of this section shall be punished as
provided in section 120.1.
,Code 1967_ § 12-10/
For state law as to placing glass, etc.. on public roads, see Code of Va._ §
18.2-324,
Sec. 12-6.4. Removal and disposition of abandoned or unattended vehicles.
(a) A vehicle shall be deemed abandoned if it lacks a valid license plate, valid
county sticker or valid state inspection sticker and the vehicle has been in the same
specific location for 48 hours without being moved.
(b.) ..A vehicle shall be deemed unattended if:
1 ~ The vehicle is illegally parked and the owner or operator is nor
present: or
2 ) The vehicle is stopped on a public highway or road, constitutes a
traffic hazard and the owner or operator is not present; or
3) The vehicle is stopped on a public highway public road or private
property without the consent of the properw owner, lessee or occupant
and the vehicle has been in such location for more than 48 hours
without being attended by the owner or oDerator.
(c Police officers or other uniformed personnel designated by the chief of
police may remove or cause to be removed any abandoned or unattended.vehicle
from public hithwavs or roads.
(d). Abandoned or unattended vehicles left on r)rivate properw may be
removed or caused to be removed bv police officers or other uniformed personnel
desig3aated by the chief of police, but only at the written request of the property
owner, lessee or occupant. The property owner, lessee or occupant must provide in
writin~ for the indemnification of the cotmtv a~ainst any loss or expense incurred bv
?eason of removal, storage or sale of the abandoned or unattended vehicle.
(e) As soon as possible after removal has occurred under subsection c) or
the police department must notify the owner of the vehicle of the vehidejg location
and the procedtrce for the owner to recover the vehicle.
State law reference -- for state law as to the authority o_f the county to adoD_St
this section, see Code of Va. § 46.2-1213.
10
Sec. 12-7. Emergencies: parle2n~ restrictions.
(a) No vehicle shall be stopped at or in the viciniw of a fire, vehicle or airplane
accident or other area of emer?encv, in such a manner as to create a traffic hazard ~ Lr
imerfere with police, fire fi.ghters, rescue workers or others whose duw it is to deal
with such emergencies. Any vehicle found unlawfully parked in the vicinlW of such
fire, accident or area of emergency may be removed by order of a police officer or, in_
the absence of a police officer, bv order of the uniformed fire or rescue officer in
charge at the risk and expense of the owner, if such vehicle creates a traffic hazard or
interferes with the necessary procedures of police, fire fighters rescue workers or
others whose ass;~e6 duw it is to deal with such emergencies. The charge for such
removal shall not exceed the actual and necessary cost. Vehicles being used by
accredited information services, such as press, radio and television, when being used
for the g, atherin~ of news, shall be exempt from the provisions of this subsection,
except when actually obstructing the police, fire £~ghters and rescue workers dealing
with such emergencies.
lb) It shall be unlawful for the driver of any vehicle to park such vehicle within
five hundred ~500) feet of where any fire a¢oarams has sto¢¢ed in answer to a fire
alarm. This section shall not appl-¢ to any fire, rescue, police, or other public safety
personnel respondin~ to such alarm in the performm~ce of their lawful duties.
Previous § 12-7 Permits for parades and proce~sions is now § I2-6.1.)
Sec. 12-8 Authority of fire department officials to direct traffic, etc,
_t a) While any fire department is in the process of answering an alarm of fire
or extin~tishin~ a fire and returning to station, the fire chief or other officer in charge
of such fire department at that time shall have the authority to maintain order at the-
fire or its vicimtv, direct the actions of the firemen at the fire, keep bv~tanders or
_other persons at a safe distance from the fire and fire equipment, facilitate the speedy
movement and operation_of fire fi~hting eqmpment and firemen and until the arrival
of a police officer, direct and control traffic in per~on or by deputy and facilitate the
movemem of traffic
(b) The fire chief or other officer in charge shall display his fireman s badge or
o~her identification of authoriw. Notwithstanding any other provismn of law, thi__s
aut_h_ oritv ~ha!l extend to the activa_tion of traffic control si~-nals desi,~ned to facilitate
the safe egress and ingress of fire fightin~ equipment at a fire station Any person
refusin~ tO qbev the orders of the fire chief or his deputies or other officer in char<e
11
{~t that time shall, upon conviction thereof, be punished bv a fine of not tess than ten
d. ollars nor more than one hundred dollars.
(Code 1967. ~ 12-7; 4-13-88)
For state law as authoriw of fire department to activate electric traffic control
sikmals ~vhen on duty, see Code of Va. § 46.1-184(e). (Previous § ~2-8 Puttin~ glass
etc., on hiihwav prohibited is now § 12-6.3..t
~ Previous 5 12-8. t. Parking-Certain restrict areas I snow § 12-5.1 Restricted
areas -- ha_ndicapped parkint.)
Sec. 12.9. Compliance with chapter; penalty for violation of chapter.
(a) It shall be unlawful for any person to refuse, fail or neglect to comply with
any of the provisions of this chapter or any rule or regulation promulgated pursuant
thereto.
(b) Every person convicted of a violation of any of the provisions of this
chapter or mle or regulation promulgated pursuant thereto, for which no other
penalty is provided, shall be guilty of a traffic infraction, punishable by a fine of not
more than one hundred dollars.
tCode 1967. § 12-14: 8-11-76: 4-13-88)
State law reference--For state law prohibiting county from imposing a penalty
for violation of traffic regulations in excess of that imposed for similar offense by the
state, see Code of Va.. § 46.2-I300. As to state law penalty for violation of motor
vehicles and traffic regulations generally, see Code of Va.. § 46.2d 13.
Sec. o 9 q
l~-v.~. 12-9.1. Same--Enforcement of parking regulations; notice of violations:
waiver of trial: contesting charges; penalties.
(al Police officers and other uniformed personnel designated by the chief of
police to enforce the parking provisions of this Code shall post a written nonce of
violation on the windshield of each vehicle found illegally parked. Such notice of
violation shall state that the recipient of the notice may elect to waive his or her right
to appear and be tried for the offense or offenses indicated in the notice.
12
(b) Persons desiring to ~vaive trial may do so by voluntarily remitting to the
office of the director of finance the amount of the fine stipulated for each violation
marked on the notice. Such fines shall be levied in accordance with the schedule set
forth in subsection (el of this section. If the required amount is not received in the
office of the director of finance or mailed and postmarked within forty-eight hours
after the notice of violation is issued, the amount of the applicable fine shall be
doubled.
(c) Whenever the fines are paid by mail. the responsibility for receipt of the
payment by the director of finance shall lie with the registered owner of the vehicle
parked in violation.
Payment may be made by personal check; provided, that if such check is
returned for insufficient funds, the vehicle owner shall remain liable for the parking
violations, and shall likewise be subiect to a servace charge of twenty-five dollars
r$25.00 20.00) for processi.ng the returned check.
(d) Any recipient of a notice of violation desiring to contest the charges cited
in the notice shall appear at the office of the director of finance and, on forms
provided by the director of finance, file a written request for administrative review
and dismissal of the charges. The facts of the request shall be reviewed_and
commented upon by a representative of the director of finance and a representative of
the police department, who shall recommend whether the request should be approved
or denied. Acting on such request and recommendation, the director of finance shall
decide whether the charge shall be dismissed. The recipient of the notice shall
indicate on the request for review whether a hearing in court is demanded in the
event the request for dismissal is denied. If the request for review is made within
c ...... :-=*, ,¢} ninety-sLx (96) hours of the violation, the recipient shall have an
additional &t~t)-~%~,~ ,=~, nigetv-six (96l hours after denial of the request to femur
the fine, before the amount thereof is doubled.
~e~ The schedule of fines shall be as follows:
Often_se
ParMn~ on Sid walk
Blocking Dri¥_ewa¥
Parkwithin [5 feet of fire hydrant.
Park within bus zone
Paid before 48 hours
13
Paid after 48 hours
m.oo 20._00
~0.0o 20.9.0.
~o.o~, 20.00
0.0_o 2__0.00
Park in crosswalk
Double Parkin~
Parking in Fire Lan~
Parlcing in loading zone
Parking in prohibited zone
Overtime varkin~
Parking within 50 feet of railroad crossing
Parking alongside or ovvosite stree~
obstruction .or excavation
Parking on bridge
Parking where prohibited
No County Decal
Handicapped Parkin~
i000 20.00
10.00 20.00
25.00 50.00
i0.00 20.00
i0.00 20.O0
5.00 10.00
i0~00 2000
i0.00 20.00
10.00 20.OO
IO.O0 20.O0
2~.00 50.00
125.00 250.00
(f) Any vehide owner who fails to respond to a notice of violation, either by
paying the stipulated fines or by filing a request for review or hearing with the
director of finance within ten days, shall be subject to summons and arrest pursuant
to section 46,2-941 of the Code of Virginia.
State/aw reference~-For state law as ro authority of county to adopt this
section, see Code of Va. § 46.2-1225. (This section was previously § 12-8.2.)
Sec. 12-9.2. Presumption in prosecution for parMng violations.
In any prosecution for a violation of any provision of this article, proof that
the vehicle described in the citation or summons was in violation of such vrovisiom
together with proof that the defendant was, at the time of such violation, the
registered owner of the vehide, as required by chapter 12 of title 46,2 of the Code of
Virginia, shall constitute in e,adence a rebuttable presumption that such registered
owner was the person who committed the violation which occurred.
14
Sec. 12-9.3. Removal or immobilization of vehicles with outsta~
yiolation8
(a} Any vehicle parked or stopped on any public highway, public road or
public properw against which there are three or more unpaid or unsettled parking
violation notices may be removed or immobilized or caused to be removed or
n'nmobilized by police officers or other uniformed personnel designated by the chief
of police. Such immobilization shall be in a manner which will prevent the removal
or operation of the vehicle except by authorized law enforcement personnel.
(b) The police deparunent shall, as soon as possible after the vehicle has been__
rentoved or immobilized, notify the owner of such vehicle of the nature and
circumstances of the prior unsettled or unpaid parMng violation notices. If the
vehicle has been immobilized or caused to be immobilized by the law enforcement
personnel, such personnel shall place on the vehicle, in a conspicuous manner, a
nouce warnin~ that the vehicle has been immobilized and attempts to move the
vehicle could damage it.
Icl The owner of an immobilized vehicle, or tee owner's agent, has twenty-
four (24) hours from the time the vehicle was immobilized to secure the release of
the vehicle. After that time. police officers or other uniformed personnel desi_gnated
by the chief of police may remove or cause to be removed the vehicle to a storage
facility.
d) if the osvner refuses or fails to pay the outstanding parMng violation
notiges and the costs, or the owner is not ascertainable after a diligent search by the
police department, the finance department shall send notice to last 19_,~own address of
the owner and to the holder of any lien of record on the vehicle. The vehicle shall
then be sub}ecg to the sale urovisions of Va. Code § 46.2-1209.
State law reference -- for state law as to the authority of the counw to adopt
this section, see Code of Va. § 46.2-1216.
PARKING.ORD 1 5 ~
DAVID R. GEHR
COMMiSSiONER
COMMONWEALTH of ¥IRQINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOT-FESVILLE. 22911
BOARD OF SUPERVISORS
03-24-97A'J 0:52 RCYD
March 17. 1997
A. G. TUCKER
rvh'. John K. Pollock
Chair-Speeding Comnfittee
Batesville Ruritan Club
R O. Box 164
Bate~Alle. VA 22924
De~ Mr. Pollock:
R.d:i Rotite 692
This is in response to the January 28. 1997 letter regarding your January I 1. 1997 letter AS a
result of the traffic study, the findings of the investigation recommend establishing a buffer speed zone of
35 mph between the statutory 55 mph m~d 25 mph speed zones on both tile eastern and western portion of
the stud~, area. This would ease motorists into the 25 mph speed zone and address concerns from
Batesville residents and Albemarle County Police. The Albemarle County Police have indicated by
telephone that they support this recommendation ~see attached sketch).
As mentioned in the January t t. t997 letter, the new state legislation policy and procedures for
installing maxintum penalty signs for speeders in certain residential districts is the following:
~Fo initiate these procedures the county or town shall request, by resolution of local goverhing
body, that VDOT install the appropriate signs as stipulated in 46.2 - 878.2 of the Code of Virginia. This
request shall be submitted to the local VDOT resident engineer m the form of a resolution, along ,,,,,/th the
following support data.
Support Data Requirements:
1_ Identification of the neighborhood and specific highway (s ~ where file signs are
requested to be installed.
2. Confirmation that the high,,way ts) meet the definitions of local residentml and
collector streets as described above
3. Notification that a speeding problem exists and that the increased penalty has
community supporC'
These are the procedures your committee needs to adhere to install advisory signs
If you have any questions or concerns, please call our office
Sincerely,
Millicent Holbett
Engineer Tra/~ee
TRANSPORTATION FOR THE 21ST CENTURY
Mr. SeffHores_ District Traffic Engineer
}dr. Lee H%fff, Maintenance Superintencbnt
Mr. V. Wayne Cilimbert~ w/attachments
ACPD ChiefMiller w£attacl~mentg
~DOPTED. BI' THE COMMONWEALTH TRANSPORTATION BOARD 0'0NE 20~, 1996
~LZ~ZLI~ OF ~46.2-878.2 OF ~ CODE 0F ~RGI~A
INST~TION OF SI~S ~SING OF ~ P~ ~0R
~ZNG POST~ ~Z~ SPE~ L~IT ~ ~TAIN ~SID~ DI~I~S
POLICY ON INSTALLATION
OF SIG~S IN C~RTAZN
INTRODUCTION
The purpose of t~is ~olicyand attendant procedures is to
provide guidelines for addressing the issue of exceeding
=he ~aximum speed limit on lo¢al residential streets and
collector streets with residential characteristics in
certain residence districts and installing signs as
prescribed in ~46.!-a78.2 of the Code of Virginia°
It is the Commonwealth Transportation Board's policy ~t
the Virginia Department of Transportation {VDOT), upon a
formal request from the local goveraing body, will {-~tall
signs on local residential and collector streets wi~h a
posted speed limit of 35 miles per hour or lower advising
motorists of a maximum punishment of $200, in addition to
other penalties provided by law, for exceeding the speed
limit in certain residence districts.
This policy will not be applicable to highways in the s~a~e
primary system.
This policy and attendant procedures identify the specific
responsibilities and requirements of VDOT and that of the
affected counties and towns in addressin~ concerns relating
~o motorists exceedim~ the s~eed limit in certain residence
districts.
VDOT and the counties and =owns are partners ~n the
administration of these processes and procedures. A good
working relationship between VDOTand the counties and
uowns is important for =his partnership to function
effec=ively.
Pa~e Z of 4
TO qualify for sign installation, a highway shall meet
following criteria:
1. Meet the definition of local residential or collector
street ae indicated above.
2. ~ave a posted speed limit of 35 miles per hour or lower~
COUNTY/TOWN
VDOT
RESPONSIbiLITIES
To initiate these procedures, the county or town shall
request, by resolution of the local governing body, that
VDOT install the appropriate signs as stipulated in
~46.2-878.2 of the Code of Virginia. This request shalt be
submitted to the local 'DOT resident engineer in the form
of a resolution, along with the following support data.
Support Data Requirements:
Identification of the neighborhood and specific
highway(s) where the signs are requested to be
~nstalled.
Confirmation that the highway(s) meet the definitions of
local residential and collector streets as described
a~ove.
3. Notification that a speeding problem exists and that the
increased p--~lty has community support.
It is the responsibility of VDOT to provide, install, and
maintain the algols. The following procedures will be
observed:
1. The VDOT resident engineer, upon receipt of the adopted
resolution and support data, will review the assembly
and sutm~t it to the VDOT district administrator.
2. The district administrator will instruct the district
traffic engineer to install the signs and =o advise the
county or town when the work has been completed.
Sign installation under §45.2~878.2 will take place
within 60 days of the date the reques= is approved.
Page 3 of 4
The ~istric= administrator or his representative will
notify =he central o~fiCe Traffic Engineering Division
of the locationand date signs were installed under
§46.2-878.2 so C~C records of each installation can be
kept on file in the central office.
i~ to be h~dled ~ ~he dAstrict ~a~fi~ en~ee~.
Signs installed in accordance with this policy will he
full~ f~nded ~rom oount~wide ~affic services in the
secondary road allocations ~o the respective counties.
Page 4 of 4
i)istdbut~d B ~ard: ~
BOARD OF SUPERVISORS
03-20-9~A09:24 RCVO
March 13, 1997
Route 250 Bypass
Albemarle County
Mrs. Richard Cogan
Route 2, Box 319
Crozet, VA 22932
Dear Mrs. Cogan:
In reference ~o your letter directed Eo Ms. Charlotte Wumphris regarding litter
control throughout Albemarle County, please be advised that we have scheduled a
litter pickup along the Route 250 bypass during the month of April.
Unfortunately, due co varzous impacts, litter control usually occurs no more
than twice yearly on selected, highly visible routes. Fortunately, the Department
is assisted with these efforts by caring citizens such as yourself who participate
in the Adopt-a-highway Program. Without your good work the challenge would be even
greater!
Thank you for your participation in our Adopt-a-highway Program and also for
your concerns regarding the beauty of our entire County.
Sincerely,
AGT/smk
cc: Ms. Charlotte Humphris
D. R. A~kew w/attachment
A. G. Tucker
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(8041 296-5848 FAX (804) 296-5800
March 3, 1997
Charles S. MarLin
Walter F. Perkins
Sally H. Thomas
Mks. Richard Cogan
Route #2, Box 319
Crozet, Vkginia 22932
Dear Mrs. Cogan:
I wanted to take this opportunity to thank you for your recent letter expressing your concern regarding the litter
problem that is, in places, increasingly pervasive in our beautiful County. Your family is to be commended for
participating in the Virginia Adopt-A-Highway Program and I assure you that the County relies very hear'fly on
and appreciates the hard work of volunteers in this program to assist our efforts in picking up trash that
thoughtless people have thrown on our beautiful countryside.
You reference in your letter the fact that the City of Charlottesville does not seem to have as serious a problem
as the County and you note that there was a cleanup crew working in the City on a recent morning. As I am sure
you can appreciate, the City, with its 10 square miles has a much easier task in keeping their city clean than does
the county with its 740 square miles. At the present time, the County relies very heavily on the efforts of the
Virginia Department of Transportation, volunteers such as yourself, as well as program~ offered by the Pdvauna
Solid Waste Authority through its litter control programs. The contact person at Rivauna Solid Waste Authority
is Ms. Cheryl Sclmelle at 977-2970, extension 130. Ms. Schnelle coordinates periodic litter pick up days as well
as other programs to address litter issues and I would encourage you m give her a call to explore other
opportunities.
By copy of this letter, I will also ask the Virginia Department of Transpo2afion to take a look at these specific
areas identified in your letter for any special consideration which they may be able to apply.
Although the County does not employ any public works crews for tasks such as litter pickup, I em sympathetic
to the problems that you raise and hopeful that, through the available resources, we might be able to address the
issues you have identified. Again, I apprecmte your concern and willingness to be part of the solution.
Sincerely,
Charlotte Y. Humphris
Chairman
CYI-I/dbm
97.006
pc: Ms. Angela G. Tucker
Printed on recl;cled paper
BOARD OF SUPERVISORS
03-24-97,~1~:00 ,~CVD
COMMONWEALTH of V RQ] NIA
Office of the Governor
March 17, 1997
Ms. Charlotte Y. Humphris
Chairman
County of Albemarle Board of Supervisors
401 McTmfire Road
Charlottesville, Virginia 22902-4596
Dear Ms. Humphris:
Thank you for your recem letter regarding Senate Bill 814, which was introduced
earlier this year m the 1997 Regular Session of the Virginia General Assembly. You will
be pleased to know the legislature passed this bill, and I have signed it into law.
Thank you for taking the time to let me know your views, and please do not
hesitate to contact me in the future with your opinions on other important legislative
issues.
With warm regards, [ remain,
George Allen
GA:cwp
State Capitol · Richmond, Virginia 23219 · (804) 786-2211 · TDD (804) 371-8015
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Febmmy 25, 1997
Charles S. Martin
The Honorable George Allen
Governor of Virginia
Sram Capitol, Third Floor
Richmond, Virginia 23219
Dear Governor Allen:
On behalf of the Albemarle County Board of Supervisors, I am writing to ask for your support of Senate Bill 814,
the "Dark Skies" legislation, which should come across your desk in the next several weeks. This legislation gives
Albemarle County the authority through a local ordinance to regulate existing outdoor lighting and will, therefore,
grant us the ability to control the increasing light pollution that is beginning to threamn the quality of our
nighttime skies. With continuing growth in both the urban and rural sections of the County, the Board has been
concerned about the growing level of outdoor illumination and frustrated by oar inability to maintain the dark skies
which are such an integral pan of Albemarle County's quality of life.
The University of Virginia shares our concern with the proliferation of nighttime illumination and its impact on
both the McCormick and the Fan Mountain Observatories. With millions of dollars invested in observatory
research, the continuing ability to study the nighttime skies has enormous economic consequences for the
community at large. We have forged a unique parmership between the County, the University and the Chamber of
Commerce to bring community wide support behind this bill's passage. We all recognize that the physical
environment and overall quality of life must be balanced with the demands of growth and development to continue
the healthy economic climate that has made Albemarle County a wonderful place in which to work and live.
We ask for your support for our Dark Skies legislation that passed the General Assembly with overwhelming
support. We believe this legislation is in the best interests of the County and City's future vitality, including the
business community, to be able to limit the amount of light pollution in the skies we share. We ask for your
support for this extremely important legislation.
Thank you so much for your attention to our request.
Sincerely,
Charlotte Y. Hnmphris
Chairman
CYH/rww
97_005
pc:
The Honorable Emily Couric
The Honorable Peter T. Way
The Honorable Mitchell Van Yahres
Printed on recycled paper
Building Code Information
(8O4) 296-5832
COUNTY OF ALBEMAR! ,E
Department of Building Code and Zoning Sen/ices
401 Mclnfim Road, Room 223
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126
~FrD (804) 972-4012
Zoning Information
(8O4) 296~5875
March 24, 1997
Steve Chidsey
Director of Solid Waste
Rivanna Solid Waste Authority
P.O. Box 979
Charlottesville, Virginia 22902-0979
Fax 804-293-8858
Re: Official Determination of Use - Transfer Activities at the Ivy Landfill
Dear Mr. CbJdsey,
This is to confirm in writing that which we have discussed by telephone. It is my opinion that the activity
described in your letter of March 17, 1997 as a "mini-transfer station" is permitted by-right at the Ivy Landfill.
This is based on the finding that this is not a change in use but is a continuation of the existing use.
The Ivy Landfill is a public use and is permitted by-right in the Rural Areas district by Section 10.2.1 (9). This
decision is consistent with that which was previously given. Transfer activity is accessory or customarily
incidental to a landfill. It results in decreased landfilling with no measurable increase in truck traffic.
The "mini-transfer station" is not exempt from applicable requirements of the zoning ordinance. The Director
of Planning & Community Development will review your submittal to determine if a site plan is required and
what process is necessary. I recommend that we meet to discuss it.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date
notice ofthis determination is given, in accordance with Section 15.1-496.1 of the Code of Virginia. If you do
not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by
filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. The date notice of this determination was given is the date ofth/s letter.
If you have any queshons, please do not hesitate to contact me
cCulley, A.I.ZC.P~ ' ~-~
Zoning Administrator '~
CC:
Ella Carey, Clerk for Board of Supervisors
Jan Sprinkle, Wayne Cilimberg
DEPARTMENT OF lJF~LTlq[ & HUMAN
03-20-97A09 :£6 RCVD
BOARD OF SUPERVISORS
Lucas Place Room 514
323 West 8th Street
Kansas City, ~issouri 64105
1997
CIN A-03-97-47170
BOARD OF SUPERVISORS
ALBEMA~ALE COUNTY VIRGINIA
431 MCINTIRE ROAD
CHARLOTTESVILLE, VIRGINIA
22901
Dear Board Members:
We received the audit report on your organization for the period ended
June 30, 1996. The Schedule of Federal Financial Assistance included in the
report did not indicate your organization received direct funding from the
Department of Health and Human Services (DEHS) for this audit period. Due to
lack of direct DHHS funding, we will not review the report. You will not be
-required to submit future reporus to our office unless direct DHHS funding is
provided to your organization for the periods covered by the audit reports.
Current and future audit reports should be distributed to each Federal agency
that provides direct Federal funds, and subrecipients must also distribute
copies of reports to all prmme recipients that provided~Federal~funds.~In
addition, each recipient and subrecipient receiving Federal awards over
$100,000 is required to send a copy of the reporu to the central clearinghouse
designated by the Office of Management and Budget at the following address:
Single Audit Clearing House
Bureau of the Census
1201 E. 10th Street
Jeffersonville, Indiana 47132
If, in fact, your organization received direct funds from D~{S or if you have
any questions, please contact Pat Forcade of our office at 816-374-6714,
extension 130.
Sincerely,
ern , Audit~ · Review Center
03-£6-97~04:53 RCVD
COUNTY OF ALBEMARLE supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
January 1997 Financial Report
SUBJECT/PROPOSAL/REQUEST:
January 1997 Financial Report for t~e General, School, and
Capital Funds
STAFF CONTACTtS):
Ms. White. Messrs. Tucker. Breeden. Walters
BACKGROUND:
AGENDA DATE:
April 2, 1997
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YeS~A ]/...../
REVIEWED BY: <~''7/~- /
/
Attached is the January 31 t997 Monthly Financial Report for the General, School, and Capital Funds.
General Fund revenue projections were revised in December 1996 to exceed budget by $467,512, approximately 0.45% of
budgeted revenues. Local and state revenues are projected to exceed budget by $406,658, 0.50%, and $133,833.3.02%
respectively while federal revenues are projected to be $72,979 less than budget by $72,979, 3.82%. The projected local
revenue ~ncrease is primarily due to additional business license, interest, and recovered cost revenues. The projected state
revenue increase cannot be attributed to any category. The projected federal decrease is primarily due to reduced social service
revenues.
General Fund expenditures have not been revised at this time.
School Revenues have not been revised at this time
School expenditures continue to reflectthe 7.5% holdback policy.
RECOMMENDATION:
Staff recommends acceptance of the January 1997 Financial Report.
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DAVID R. GEHR
COMMISSIONER
COMMONWEALTH 7.
o
DI/PARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE. 22911 A. G. TOCKER
RESIDENT ENGINEER
March 26, 1997
Board of Supervisors' Meeting
February 5 & March 5, 1997
Ms Ella W. Carey, Clerk
Board sf Supervisors
401 McIntire Road
Charlottesville, VA 22902
Dear Ms. Carey:
We offer the following commends regarding EransporEamlon marEers that were
discussed aE the February 5 and March 5, i997, board meetings.
Discussed shoulder maintenance aE Gemini Trucking ennrance on Rouue 240 with
area superintendent. He will review for repamrs ~nd coordinaue directly with
Gemini Trucking-as necessary.
We have installed a STOP szgm on Northwood Park Road (prlvaEe road an the
2orner with Pritchett Road SEsEe maintained per Mr. Martin's requesu.
Subsequenu maintenance of this sign is the responsibility of the przvate road
Dwners.
Several drainage ditches along Carrsbrook Drive have been 2leaned to allow for
positive drainage.
InformaEzon regarding the snaEus Df the Route 614 (Sugar Hollow Road bridge
proleccs, including design waivers ~nd channel work is still outstanding.
The through £ruck restriction on George£own Road
resolution from the Commonwealth Fransportation
Signzng will be installed by April 28, 1997.
Route 656 was adopted by
Board on March 20, 1997.
Additional reflectors have been installed along the guardrail au Milling~on
bridge on RouEe 671.
We conna2ted Ms. Dphelia Trimiar and discussed her concerns regarding new
guardrail on Routes 250 end 708. We have included these needs on our guardrail
schedule priority list.
We ~ave submiEted a resErlplng requesE for Route 20 south ~o our district road
painting Drew for a~t~ent~.~n
TRANSPORTATION FOR THE 21ST CENTURY
Ms. Ella Carey Page 2
Board of Supervisors' Meeting March 26,
February 5 ~ March 5. 1997
1997
Mr. ~harlie Williams will provide a mosE recenE sEamus of the deceleration lane
projec5 from I64 Eo PVCC au the April 2nd board meeting.
We are currently reviewing the Senior Center's re~es£ for pedestrian
crosswalks am ~reenbrier Drive and H~llsdale Drive.
Please share this information with the Board members~ If there are eny
quesmlons regarding the above issues, Mr. Charlie Williams, Assistant Resident
Engineer, will be prepared Eo discuss them au the April 2nd board meeting.
Sincerely,
AGT smk
cc: J. S. Hores
BOARD OF SUPERVISORS
03-31-9'~All :56 RCV~
Mar2h 27, 1997
West Leigh Rural Addition
Mr. Jack Kelsey
Depar5men5 of Engineering
401 Mclntire Road
Charlottesville, -VA 22902
Dear Mr. Kelsey:
This is £c summarize our recenE meerzng o~ March 19, 1997~ concernrng the
potential rural addition Df a section Df West Leigh Drive zn Albemarle County.
As we discussed, the secEzon of West Leigh Drive from Route 250 to Leigh Way
would be eligible for accepEance into the s~ate secondary sysEem under the Rural
Addition Program. Termination at Leigh Way is necessary for an appro~rrate turn
around for both maintenance use and public service.
In an effort to begin this process there are several requirements which must be
met and a~e outlined as fQllows: _ ~ ~ ~ ~
1. Qedication of a minimum 40' of unencur~ered right of way, including necessary
drainage easements muse be obtained and recorded for public road use in the name of
the Commonwealth or the County of Albemarle. It is understood that the Department
is pursuing the portion of right o~ way controlled by the railroad and believes that
that conveyance for use will take place relatively soon
It zs suggested that the road right of way be identified by survey and platted
by others so that a 21ear indicatiDn of the rmghts of way is identified.
2. Upon recezpt of appropriate right of way, s commznmenE and endorsement muse be
obtained from the Albemarle County Board of Supervisors, by means of a formal
resolution [sample attached]. This resolution should requesn acceptance of this
section of West Leight Drive znEo the secondary system and idemtify a commmtmen£ 5o
allocate secondary funds for necessary zmprovemenTs. It is estimated to cost
approximately $180~000 [o install lights and ganes at the railroad crossing and
improve drainage and pavement items 5o mznimum standards.
We are all well aware Df the competing needs for limited secondary funds
~hroughou%~ Albemarle CounEy and feel it appropriate no poznt out that Albemarle
County ha~ o~y Btilized ~he Rural Addition Procfram once ~n the past 20 ~ears.
Mr. Jack Kelsey
West Leigh Rural Addition
Page 2
March 27, 1997
If 1E is the County's desire Eo move forward with this request, the outstanding
items must be addressed. AS 5o the funding requirements, ~t is our suggestion that
£his office work wi~h MrJ Cilimberg, County Planning DirecEor. We will identify a
funding snrateg¥ that will have minimal impact Eo scheduled advertisement dates for
previously programmed projects within the six year plan.
Should you have any questions or desire additional information, Mr. C. L.
Williams, Assisnant Resident Engineer, will be available tc assist in the direction
Df this program.
Sincerely,
CLW smk
attachment
cc:
Mr. Frank Whiteley
MS. Sally Thomas
Mr. Robert Tucker w/attachment
Ms. Ella Carey
Mr. Charles Rasnick
Mr. A. David Austin
Mr. Larry Davzs
A. G. Tucker
FELL, PETTIT ~ WILLIAMS, p.0~.~5-97^09:39 ~CVD
ATTORNEYS AT LAW
BOARD OF SUPERVISORS
TELEPHONE
(804) 979-1400
TELECOPIER
(804) 977-5109
April 24, 1997
Ms. Ella W. Carey, Clerk
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
In re: Highlands West, L.P. - Western Ridge Subdivision
Dear Ms. Carey:
As requested, I am forwarding to you a copy of the
resolution regarding the abandonment of Cree Road adopted by the
Board on April 2, 1997. The resolution is recorded in Albemarle
County Deed Book 1606, page 193. A copy of the clerk's receipt
is attached to the document copy.
Please don't hesitate to contact me if we can be of further
assistance in this matter.
Very truly yours,
J. ~ag~e Williams '7
JPW/nng
enclosure
cc: Mr. Hunter E.
Craig
Ch~lotte Y. Humphris
Forre~ l~ ~all. Jr~
COUNTY OF ALBEMA~! F
Office of Board of Supervisors
401 Mclnfire Road
Charlot'~sville, Virginia 22902-4596
(804} 296-5843 FAX {804) 296-5800
April 4, 1997
Walter E Perkins
Sall~ H. Thomas
Mr. J. Page Williams
Feil. Petit & Williams
530 East Main Street
PO Box 2057
ChadottesviIle, VA 22902-2057
Dear M r. Williams:
At its meeting on April 2. 1997, the Board of Supervisors adopted the attached resolu-
tion to abandon Cree Road, Please file this document in the Clerk of the Circuit Court's office
ano return a copy of the recording receipt to this office. If you have any questions, please
contact the undersigned.
Sincerely,
Ella W.
/ewc
Attachment
cc: Hunter Craig
Juan Wade
Printed on recycled paper
RESOLUTION
WHEREAS. the Board was requested by a citizen to abandon a section of an old road not in
the State Highway or Secondary System; and
WHEREAS, the Board, on February 5, 1997, ordered that this matter be advertised for public
hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and
WHEREAS, after holding a public hearing on April 2, 1997, the Board is satisfied that no
public necessity exists for the continuance of the section of road as a public road;
THEREFORE. E . ~SOE CEDby Lhe ~,~,o~,~ ~,. Sup~,~o,s ~,~ ~memarte
County, Virginia, that "Cree Road" be abandoned to public use as per the following description:
"A fifteen foot public road (Cree Road) established on August 8, 1880, Minute Book
25, Page 187, displayed in Deed Book 190, Page 506, beginning on the southern
boundary of a thirty foot prescriptive easement for State Route 240 laying east of
Crozet, Virginia, and one-half mile west of Highland Drive (Route 1240); thence
meandering in a southerly direction approximately two-tenths ora mile across the
property line separating the west Highlands West Limited Partnership parcel from
the eastern Adelaide W. Spainhour parcel; ending on the northern boundary of an
eighty foot CSX right-of-way."
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 County Supervisors of Albemarle County, Virginia, at a
regular meeting held on April 2, 1997.
'-~lerk, Board of Cour~ty Sup~isors
COMMONWEALTH OF VIRGINIA
OFF!CIAL RECEIPT
ALBEMARLE CIRCUIT COURT
DEED RECEtPI
CASN!ER: S~N REO~ AB05 TYPE: RESDLUT PAYMENT: FULL PAYMENT
INSTRUMENT : 97002861 OUOK: PAGE~ RECGHDED: O~i!?/g? AT 12:57
GRANTOR RA~E ~ BOARD OF COUNTY 8GPER~IGOTS EX: N LOCALITY: CD
~ARTEE ~A~E: ~ACATtON DF ROAD E): N PERCENT:
RECEI'~ED DF: FEIL ET~L
CHECK:
DESCRIPTION 1:
CDNSI~ER~TIDR: .00 AGSU~E/VAL: .00
CODE OESCRIPTI~ PAID CDGE DESCRIPTION PAID
901 DE~S 1R.O0 1~5 VSLF l.O0
TENDE£EO : 13.00
AMOUNT PAID: !3.00
CHANGE AHT:
CLERK. OF CD)JRT: SHELBY
RESOLUTION
WHEREAS, the Board was requested by a citizen to abandon a section of an old rOad not in
the State Highway or Secondary System; and
WHEREAS, the Board, on February 5, 1997, ordered that this matter be advertised for public
~ 1
hearing in accordance with Virginia Code §§3o.1- 56 through 33.1-166; and
WHEREAS, after holding a public hearing on April 2, 1997, the Board is satisfied that no
public necessity exists for the continuance of the section of road as a public road;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that "Cree Road" be abandoned to public use as per the following description:
"A fifteen foot public road (Cree Road) established on August 8, 1880, Minute Book
25, Page 187, displayed in Deed Book 190, Page 506, beginning on the southern
boundary of a thirty foot prescriptive easement for State Route 240 laying east of
Crozet, Virginia, and one-half mile west of Highland Drive (Route 1240); thence
meandering in a southerly direction approx'tmately two-tenths of a mile across the
property line separat'mg the west Highlands West Limited Parmership parcel from
the eastern Adelaide W. Spainhour parcel; ending on the northern boundary of an
eighty foot CSX right-of-way."
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 County Supervisors of Albemarle County, Virginia, at a
regular meeting held on April 2, 1997.
Clerk, Board of County Supervfors
/
PUBLIC NOTICE
Albemarle Board of County Supervisors
April 2, 1997
Pursuant to Virginia Code Sections 33.1-15b, etal, notice is hereby given that
the Board of County Supervisors of Albemarle County, Virginia, does intend to
abandon a fifteen foot public road (Cree Road) established on August 8, 1880,
Minute Book 25, Page 187, displayed in Deed Book 190, Page 506, beginning on the
southern boundary of a thirty foot prescriptive easement for St Rt 240 laying east of
Crozet, and one-half mile west of Highland Dr (Rt 1240); thence meandering in a
southerly direction approximately two-tenths of a mile across the property line
separating the west Highlands West Limited Parmership parcel from the eastern
Adelaide W. Spainhour parcel; ending on the northern boundary of an eighty foot
CSX right-of-way.\qlr\
Public Hearing on this abandonment will be held on April 2, 1997, at 10:00
a.m., in Meeting Room #241, Second Floor, County Office Building, 401 Mclntire
Road, Charlottesville, Virginia.
Public comments are invited at this time.
Reasonable accommodations at the meeting will be provided to persons with
d sablht~es, if requested. Please call 296-5827.
By Order of the Board of County Supervisors of Albemarle Cotmty, Virginia.
Ella Washington Carey, CMC, Clerk
PROPOSED ABANDONMENT OF CREE ROAD
./
/
/
§ 33.1-157 CODE OF VIRGrNLt § 33.1-161
dedication ~o the public and shall likewise include an existing crossing by the
lines of a railway company of such road and~ a crossing by such road of the lines
ora railway company. ~Code 1950, § 33-76.13: 1950. p. 734; 1970, c. 322.)
Cross references. -- For pro~imon that
nothing in Article 12 shall affect Chapter 10 of
Title 15.1. see § 33.1-167.
Law Review. -- For survey of ~rginia law
on property for the year 1972-1973. see 59 Va.
L. Rev. 1570 1973).
§ 33.1-157. Abandonment of certain roads and railway crossings by
governing body of county. -- When a section of a road not in the secondary
system is deemed by the governing body of the county, hereinafter in this
article referred to as govermng body, no longer necessary for public use, or an
existing crossing by such road of the lines of a railway company, or a crossing
by the lines of a railway company of such road. is deemed by such governing
body no longer necessary for public use_ the governing body by proceeding as
hereinafter prescribed may abandon the section of the road no longer deemed
necessary for public use. or such crossing by the road of the lines of a railway
company, or crossing by the lines of the railway company of the road_ as the
case may be.
In considering the abandonment of any section of road under the provisions
of this section, due consideration shall be given to the historic value, if any. of
such road. zCode 1950, § 33-76.14; 1950, p. 734; 1970. c. 322: 1978. c. 616;
1980. c. 39.)
§ 33.1-158. Notice of proposed abandonment. In case of a proposed
abandonment of a road referred to in this article, the governing body shall give
at least thirty days' notice of intention so to do by posting notice at the front
door of the courthouse, by posting notices on at least three places along and on
the road proposed to be abandoned, and by publication of intention so to do at
least twice in a newspaper having general circulation in the county. Ail such
notices shall state the time and place at which the governing b%dy wilt meet to
consider the abandonment of such road. Code 1950. § 33-76.1o: 1950, p. 734:
1970, c. 322.)
§ 33.1-159. Petition for abandonment. Any person desiring to have
any such road abandoned may petition the governing body therefor and shall
file with it and in the clerk's off[ce of the county a reasonably accurate plat and
description of the section to be abandoned. The governing body may then
proceed ~o have such road abandoned as above provided but the expenses
thereof shalt be borne by the petitioner. Code 1950. § 33-76.16; 1950. p. 735:
i970_ c. 322.)
§ 33.1-160. Petition for hearing on proposed abandonment. Upon
petition of one or more landowners in the county affected by such proposed
abandonment filed with the governing- body within thirty days after notice is
posted and published, as aforesaid, but not thereafter, the governing body shall
hold e public hearing in the county for the consideration of the proposal. ~Code
1950, § 33-76.17; 1950. p. 735; 1970, c. 322.)
§ 33.1-161. Action of governing body. -- If a Petition be not filed as
aforesaid for a public hearing, or if after a public hearing is held, the governing
body is satisfied that no public necessity exists for the continuance of the
section of road as a public road, or the crossing as a public qrossing, or that the
welfare of the public would be served best by abandoning the section of road or
the crossing, as a public road or crossing, it shall enter (i) within four months
86
l~v'id P. Bowerrnan
Charlotte Y. Humphd~
Fon~-t R. lvlav~hall. Jr~
COUNTY OF ALBEMARLE
Office of Board of Supewisors
401 Mclnt~m Road
Charlottesville. Virffm~a 22902-4S96
(804) 296-5843 FAX (804] 29(>5800
Charles S. Martin
Walter E Perkins
SalIy H. Thomas
March24, 1997
Mr. Hunter E, Crmg
Hunter E. Craig Company
POBox6156
Charlottesville, VA 22906
Dear Hunter:
This letteris to nolify you that the Board of Super~sors has scheduled a public hearing on April 2, 1997, at I 1:00
a.m., on the following request:
"to abandon a fffieen foot public road (Cree Road) established on August 8, 1880, Minute Book 25, Page 187,
displayed in Deed Book 190, Page 506, be~nning on the southern boundmy of a tlfirty foot prescriptive easement
for St Rt 240 laying east of Crozet, and une-ha!f mile west of Flighland Dr (Rt 1240); thence meandering in a
southerly direction approximately two-tenths of a mile across the property line separating the west Highlands West
Linaited Partnership parcel from the eastern Adelaide W. Spainhour parcel; ending on the northern boundary of
an eighty foot CSX right-of-way.
The meeting will be held in Meeting Room #24 t, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville,
Virg/nis~ You wilI reeeave a copy of the tentative agenda prior to the meeting. You or your representative must be present
at tl,is meeting. Wyou have any questions or concerns, please do not hesitate to contact me at 296-5843~
/ewc
Sincerely,
Ella W. Carey, CMC, Clerk /
cc: Adelaide Spainhour
Juan Wade
Printed on recycled paper
COMMONWEALTH o[ - '"
DAVID R. GEHR
COMMJ~SIONER
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND 23219-1939
FebmarylS, 1997
JAMES S. GIVENS
STATESECONDARYROADSENGINEER
Mrs. Charlotte Y. Humphris
Chairperson Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Ref.: Proposed abandimment of Crec Road, Crozet, Virginia
Albemarle County
Dear Mrs. Humphris:
Thank you for notifying Secretary Robert E. Martinez of the County's intent to abandon a portion
of Cree Road in C rozet, Virginia, pursuant to § 33.1-151 of the Code of Virginia. I respond on the
Department's behalf, with thanks.
The Department has no objection to the action contemplated, provided the road in question is not a
part of the secondary sy~e~m of state highways, as reported in the county's letter of February I 1, 1997.
However, if that is tree, ~ County shonld consider using its statutory, authority under § § 33.1-156
through 33..1-166.of the Code of Yirgima, rather than §33.1-151 as cited in your letter.
These sections apply to public roads that were either (a) never a part of a VDOT managed system
of highways or Co) were a part of the secondmy roads system and subsequently discontinued by the
Commonwealth Transportation Board. Section 33.1-151 applies only to roads that are a part of the
secondary system of state highways under VDOT jurisdiction. While the same process ~s followed, citation
of the correct statutory authority protects against a potential reversal if the abandonment is appealed to the
circuit court.
Ms. Angela Tucker, resident engineer, will represent the Department's interest at the public hearing
scheduled for April 2, 1997, at 10:00 a.m.
Sincerely, ~-~ /_~/,~
Kenneth M. Smith
Transportation Engin~ring
Program Supervisor (804) 786-2576
cc: Mr. Don Askew
Mr./ames S..Givens 0ClCR)
· Ms. Aaggl~'Tucker
Mi-7.Wayne Cilimberg
Mr. Lany D vis
TRANSPORTATION FOR THE 21ST CENTURY
COPY
February 11, 1997
The Honorable Rober= E. Martinez
Secretary of Transportation
P. O. Box 1475
Richmond, VA 23212
Dear Mr. Martinez:
Pursuant to'Virginia Code § 33.1-151, the Albemarle Board of County Supervisors
gives notice that it intends to abandon a public right-of-way which is not a part of
the Secondary System of Highways known as Cree Road in Crozet, Virginia, a road
approximately 1050 feet long. This road is not in the VDOT sys=em and its general
location is between Route 240 and the CSX Railroad. Notice of this intention will be
published in the local newspaper, with a public hearing set for April 2, 1997, a= 10:00
The proposed Cree Road abandonment is adjacent to =wo properties identified in
the Historic Site Survey -1983. The first property is the farm located to the eas= of
Cree Road. The second property is located south of Cree Road and is referred to as
Jarman-Cree Farm in the survey. This farm will be par~ of the Western Ridge
development with the farm house serving as the club house for Western Ridge. It can
be accessed by a subdivision road (Lake Tree Lane). County staff believes this
abandonmen= would not adversely impact either of these properties, and it will not
negatively impact the public. The public right-of-way currently ends a= the railroad
crossing which CSX will remove since the backyard of a home in the Western Ridge is
located on the other side of the present railroad crossing.
If I may furnish further information, please call 296-5843.
Yours truly,
EWC:ten
Attachment
(1)
Ella W. Carey, CMC, Clerk
AGENDA TITLE:
Road Abandonment
COUNTY OF ALBEMARLE
AGENDA~AA~: t ~EM NUMBER:
I~FOR~TIO~:
SUBJECT/PROPOSAL/REQUEST:
Request to schedule a public hearing for Cree Road Public
Abandonment in Crozet
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S): ATTACHMENTi: Y,e~_.
Messrs. Tucker,Cilimer~hBenish,Wade . REVIEWED BY.
BACKGROUND:
Hunter E. Craig has requested that Albemarle County to abandon a public mad (see Attachment A).
DISCUSSION:
Cme Road public right-of-way is approximately 1050 feet long. This mad is not in the VDOT system. The general location is
between Route 240 and the CSX Railroad (see attachment B and C). Historically, this mad was used by the Rivanna Water and
Sewer Authority for maintenance of their utility lines. Rivanna W&S Authori~ now uses the main entrance for Western Ridge
(Attachment D). Three properties are adjacent to this public right of-way. All cf these properties have other access to their
property. The first property, a farm to the east of Cree Road, is served by a private driveway. The second and third properties=
west and south of Cree Road. can be accessed via Park Ridge Road. Cree Road would remain in its present state, but it would
not have the public right Of way status.
The proposed Cree Road abandonment is adjacent to two proper'des identified in the Historic Site Survey -1983. The first
pmper~ is the farm located to the east of Cree Road. The second property is located south of Cree Road and is referred to as
Jarman-Cree Farm in the survey. This farm will be part of the Western Ridge development. The farm house will serve as the
club house for Western Ridge and can be accessed a subdivision road ( Lake Tt'ee Lane). Sfaff believes this abandonment
would not adversely impact either of these properties. Staff does not believe the abandonment of this right-of-way would
negativelyimpac~the public. The public ~ght-of-way currently ends at the railroad crossing. CSX will remove this crossing. The
backyard of a home in the Western Ridge subdivision is located on the other side of the present railroad crossing.
RECOMMENDATION:
Staff believes this is an acceptable abandonment and recommends this proceed to public hearing.
97.025
Hunter E. Craig Co.
ATTACHMENT A I
P.O. Box 6156 · Charlottesville Virginia 22906
(804) 974-4500 · Fax (804) 974-6753
January ]5, 1997
Ms. Ella W. Carey
Clerk of Board of Supervisors
410 Mclntire Road
Charlottesville, VA 22902
Dear Ella,
I am writing m request action by the Board of Supervisors for the abandonment of a
public road known as the "Cree Road" in Crozet. VA. Please find enclosed the following:
1) Fee of $135.00:
2) Copy of the Western Ridge recorded subdivision plat as recorded in the
Albemarle County Clerk's Office in Deed Book 1538 Page 245;
3) Deed from Minute Book 25 Page 187 creating the "Cree Road" as a public
road;
4) Plat as recorded in Deed Book 190 Page 506 showing the Cree Road location.
If you have any questions please feel free to contact me at 974-4505.
Sincerely,
Hunter E. Craig/
Enclos.
0
CASTLE
ROCK
TOM
80AZ
MOUNTAIN
PROPOSED ABANDONMENT
OF CREE RD.
I ATTAC HI','IENT
RIVANNA WATER & SEWER AUTHORITY
Sanuary 16, 1997
Ella W. Carey
Clerk, Albemarle County Board of Supervisors
410 Mclntire Rd
Charlottesville, VA 22901
Re: Western Ridge Subdivision
Dear Ms. Carey;,
I have been requested to provide you with a letter confirming that Rivanna Water and Sewer
Authority has no objection to vacating our right of way/easement across the Western Ridge
Subdivision. I have attached a copy of the Deed of Vacation which RWSA has executed, and is
ready to be recorded. As stated in the deed, adequate alternative access to our property has been
provided, and we therefor take no exception to abandoaing the "Cree Road" right-of-Way Between
CSX Railroad and State Route 240.
If you have any questions or if I can be of assistance in any way in the future, please call.
Thank you.
Sincerely,
Charles E. Kent, P. E.
Staff Engineer
?
/
/
o~
/
COMMONWEALTH OF VIKGINIA
OFFICIAL ~E~EtPT
At)EII~RIE C!R~tT 03URT
9GE9
~RANTEE ~A~E: ~ECLAR~TIGN
RE{EI~ OF: FEiL ETAL C~ECX:
CO~E ~ESC~IPTION
301 9EELS
~C£tPT: t60000079S1
:AYH.~)]T: FULL PAYg~T
0 PAGE: 0 RECORDS: O)YGE/I~ ~T i1:10
El: ~ LC~ALiTY: CO
EX~ H PERCENT: ~00)
DATE OF DEE~: 05/~U%
~SGU~E/VAL: ,00
PAi~ CO~E ~E~CRIRTIGN
70.00 1~5 VGLF
PAI~
[ENSERG~ : 71.00
A~GNT ?AID: 71,00
o
Wm, D. llli~
to ~lat
Fee $5.00
~aid $5.50
~p of the division of
The W.D.Willis Farm situated near Crozet,
all 12hem' run to banter HighwaY subject
rights of Road,
HUgh ~.Simms S.A..C.. July Total are~ 95.9
Scale 400~ 1#.
Table of Rurchasers &c.
Silas W.Barnes 1,2,3, & 4
20 A.
Mrs. Berrie Booker Glinn, 5
52.4
Annie Lee Thurston 8, ? and ~
Edward Thurstom 9
;, W.N.Lupton
R.L.Draper
i L.W.Cox
~'-- ')4- C.~¢.~-nd~ri~g-e:., -
W.F.Starke ~
Levi p.M~upin
W.O.Hicks
· Q.W. Sandridge
H.G.Linton
10 and 11 4.1A..
14,15,16, 1V 7.5 A~
12 & 13 4 A.
~--i8 ~-- - i~SA< -
~_19 and 20 3.5 A
21. 1.7 k
22 & 23 4.5 A...
24 and 25 4.9
26 1.2
The attached ~lat 'is a aubdivislon of a tract of land owned by William
D.Willis,. fzonting on the Jefferson Highway and situated about' one mile
east from the village of Crozet, Albemarle Oounty, as appears...by_,saAd
plat, which is made with the free conment and in accordanoe with the~l
of the said ~illiam D.Willts who is the sole owner and~pro
~aid tract of land.
RIVANNA WATER & SEWER AUTHORITY
January 16, 1997
Ella W. Carey
Clerk, Albemarle County Board of Supervisors
410 Mclnfire Rd
Charlottesville, VA 22901
Re: Western Ridge Subdivision
Dear Ms. Carey;
I have been requested to provide you with a letter confirming that Rivanna Water and Sewer
Authority has no objection to vacating our fight of way/easement across the Western Ridge
Subdivision. 1[ have attached a copy of the Deed of Vacation which RWSA has executed, and is
ready to be recorded. As stated in the deed, adequate alternative access to our property has been
provided, and we therefor take no exception to abandoning the "Cree Road" right-of-,~:hetween
CSX Railroad and State Route 240.
If you have any questions or ifI can be of assistance in any way in the future, please call.
Thank you.
Sincerely,
Charles E. Kern, P. E.
Staff Engineer
] JA~'~ I T, i
THIS DEED OF VACATION OF ACCESS.EASEMENT is made this 16th
day of July, 1996 by and between RIVANNA WATER AND SEWER
AUTHORITY, hereinafter "Rivanna", the Grantor, and HIGHLANDS
WEST, L.P., a Virginia limited partnership, hereinafter
"Highlands West", the Grantee
WITNESSETH :
WHEREAS, by Certificate dated July 23, 1992, Rivanna
acquired a fee simple interest in land and an access easement
(the "Access Easement") to the land acquired across property then
owned by Lady B. Walton, said Certificate being recorded in the
Clerk's Office for the Circuit Court of Albemarle County,
Virginia in Deed Book 1240, page 479, with plat at page 481; and
WHEREAS, Highlands West is the successor in title to the
property formerly owned by Lady B. Walton which is encumbered by
the Access Easement taken by Rivanna pursuant to the above
referenced Certificate; and
WHEREAS, Highland~ West is and has been engaged in the
development of a business park area and residential community,
both called Western Ridge, which areas have been created by the
subdivision of a portion of the former Lady B. Walton property by
plat recorded in the aforesaid Clerk's Office in Deed Book 1538,
pages 245 to 258; and
WHEREAS, a portion of Western Ridge is encumbered by the
aforesaid Access Easement; and
WHEREAS, in conjunction with the development of Western
Ridge, Highlands West has platted and is in the process of
creating subdivision roads, which roads are dedicated to public
[This document prepared by Feil, Pettit & Williams, PLC]
use and are intended to be accepted into the state secondary
system of roads for maintenance purposes; and
WHEREAS, Highlands West has requested that Rivanna abandon
and vacate its existing access easement in Western Ridge in favor
of the use of the Western Ridge Subdivision roads, which roads
provide more convenient access for Rivanna.
NOW THEREFORE, in consideration of the premises, the parties
agree as follows:
(1) The Access Easement in favor of Rivanna from State Route
240 to Rivanna's property shown as Tract B ("Tract B") containing
25.875 acres on plat of Gloeckner and Osborne, Inc., dated May
21, 1992 recorded in Deed Book 1240, page 481 is hereby ABANDONED
and VACATED insofar as said Access Easement exists on property
which is (i) owned by Highlands West and (ii) platted into lots,
open space or clubhouse lot. The vacated Access Easement is that
same easement shown as "Existing Road" on subdivision plat of
Roger W. Ray and Assoc., Inc. captioned "Lots 1 Thru 78, Phase 1,
Western Ridge, Also Tract 1 & Tract 2 Western Ridge Business Park
Located on State Route 240 & CSX Railroad About 1.7 Miles East of
Crozet" (the "Western Ridge Subdivision Plat") dated April 8,
1996, last revised May 21, 1996 of record in the aforesaid
Clerk's Office in Deed Book 1538, pages 245 to 258.
(2) In lieu of that portion of the Access Easement hereby
vacated, Rivanna shall be permitted access to its property (Tract
B aforesaid) via Park Ridge Road and.Lake Tree Lane as shown on
the Western Ridge Subdivision Plat and also via the new 20 foot
access easement shown as "New 20' Access Esmt" on sheets 6 and 7
of the Western Ridge Subdivision Plat.
(3) The vacation of the Access Easement set forth herein
does not affect the fee simple interest in land (Tract B) taken
by Rivanna pursuant to the Certificate recorded in Deed Book
1240, page 479 nor does this presently affect the balance of the
Access Easement in favor of Rivanna which is thus far not shown
on the Western Ridge Subdivision Plat.
(4) At such time as Highlands West extends its development
of Western Ridge to the residue of its property which remains
encumbered by the Access Easement and the New 20' Access Esmt.,
Rivanna agrees to execute such documents as are reasonably
necessary to vacate and abandon the balance of the New 20' Access
Esmt. and the Access Easement (or any portion thereof) shown on
subsequent plats of Western Ridge, provided ~tkcr access for
Rivanna to Tract B is platted and dedicated by Highlands West.
WITNESS the following signature and seal:
RIVANNA WATER AND SEWER AUTHORITY
EXecutive Director
STATE OF VIRGINIA
CITY/COUNTY OF %~U~~--~ ~ , to-wit:
~ The foreaoing instrument was acknowledged~before me this
as Executive D~ector ~f Rivanfa Water and Sewer Authority.
My commission expires: ~ ~ ~\ ~%%%
N~t~ry Public
DATE
AGENDA ITeM NO.
AGENDA ITEM NAME
DEFERRRD U~l'£ L
Form. 3
7/25/86
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
03-28-97A08:39 RC//D
AGENDA TITLE:
Business and Professional License Tax Amendment for Real
Estate Brokers/Agents
SUBJECT/PROPOSAL/REQUEST:
Discussion of an amendment to the BPOL tax in Albemarle
County for real estate brokers and agents which would require
a license application fee of $50 for agents.
STAFF CONTACT{SI:
Messrs. Tucker, Huff, Breeden
April 2, 1997
ACTION: X
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
ATTACHMENTS: ~......._...~...~
REVIEWED BY:
/
BACKGROUND:
The County Ordinance for the Business & Professional Ucenses w-as recently amended to comply with State Code. The change
in our Ordinance regarding the licensing of real estate brokers and agents was substantially different than in previous years.
DISCUSSION:
In prewous years, real estate brokers repmted their total gross receipts but were allowed to deduct the commissions paid to each
agent. This resulted in a license tax based on the net amount retained by the broker; each agent was then required fo obtain
a license on their gross commissions. The net result of this was 100% of gross receipts was subject to the County's Business
License Taxto either the broker orthe agent. Changes in State law mandated that~bus'messe~v,~,ff~lesstham$1.eO;OeO~in~gmss~
~.e.~ce{ptsbe~exemp~e~fm -n~b~ican~b .ut.~ m~ided,.~er4he~mpesitiea~ef ~.license~fe e~ic~set~ $5~by:tbe,~ nt
ameedments t~"'C~flt~s<OrdhnanCe:~Specitic changes related to real estate brokers and agents were recommended by
staff which required the brokers te~p~y~ea~.~ ~jmss~res~ipts'with no deductions and exempted agents from a license tax.
Staff's basic intent was to keep~l~e~~emte~om=th'~occapatJow~retatiV~l~¥~'en~e-~:~a~d reduce the
administratien-costby~(~ ~i~[~6~rh~t~iy 2J;0'a~t~ ff~n~ ~tfi~
Since the County's Ordinance was amended we have been contacted by the real estate brokers and have met several times
to discuss their concerns about the current license requirements~ Generally their concern is based on the fact that the County's
.;~a~mendmet~t$;ba~s[c~_a_~d~thelr~tax~b~g?~.?~fiil~:~3~ tl~e'~4[le~S~:~ They feel that this was not the intent of the
changes in the state code and not in the spirit of the general assembly's intent to reduce the business license tax for small
businesses. Currently they seem inclined to pass this tax on to the agents as a fee but feel strongly that this is going to impose
an undue burden on them and create a bad worldng relationship with their agents. We have also heard from a number of agents
concerned with this approach since most of them would have been paying only a $50 fee had we continued to license the agents
whereas they will be paying considerably more if the broker charges them a fee based on the expense he incurs for the
additional business license tax.
Attached is a proposal from the broker's association reque~ng that the County's ordinance be,Rm~e9ded~tq,.retur~basicei{y~O
the~waytb~-t~e~se~was~e~f~erced prieFtoth'e~a~neWa-~S. -~'his would mean that the broker's would be able to deduct the
c~mn3~"~siqrts~paid~a~agent~no~matterwhe~her{he~ge~t~as~s~bject~`the~rcense-tax~ Since the majority ofthe agents wilt
onlyq~:~e~,te~,50~[eeJhis~change~would~resulfJ~=appr~e:~atetyR~$~~o~e business license tax.
This change would also require that the ordinance reimpose the license tax on the agents requiring the filing and processing
of approximately 240 applications with a $50 fee to collect $12,000.
RECOMMENDATION:
Staff's intent to retain the current level of revenue and reduce the numbers of application to process was basically accomplished
with the previous amendments, however, we do acknowledge that this has resulted in substantial reallocation of this tax burden.
If the Board is receptive to the amendment proposed by the brokers, any revenue loss for FY 98 could be provided from the
County Fund Balance, if necessary. It will also be likely that some extension of the June 15th payment deadline will have to be
granted for agents if the license tax is reimposed on the agents. A public hearing could be set for May 7, 1997.
97.072
CHARLOI-rESVILLE AREA
ASSOCIATION OF REALTORS®
The Voice for Real Esl:atem
in the Ctlarlotl:esville Area
REALTOR®
CHARLOTTESVILLE AR~~.
ASSOCIATION OF REALTORS~
2321 Commonwe~m Drive
Charloltesvilie. Virginia 22901
Teieonone 804-97312254
March 24. 1997
Mr. Robert Tucker
CounV/Executive
Count~ of AIbemarle
401 McIntire Road
Charlottesville, VA 22902-4596
DearMr. Tucker:
The leadership of the Churlotte~ville Area ~atien of REALTORS®, pursuant to your rec~g, would
like to propose the following measures with regard to collection of the BPOL tax in Albemarle County.,
AS you know. our concerns mvotve a~oud what was intended to be relief in the 1996 amended BPOL
legislation, the amended ordinenca:~ of the County with regard to ass~aing and collecting BPOL taxes, as
well as issues revolving around thc Independent Con.actor status of real estate I:~'ofessionnln
#I: We request that Albemarle County cbang~ its oralnanCe tO require individual real estam
agents to apply for and pay a license applicmion fee of $50 end be aCoj~-t to the Gross R~ceipts
Tax if they cam upwards of $100,000. RATIONALE: This ~ is in keeping with th~ intent
of the amended legislation as well as the independent contractor status of real eaXate agents. This
will allow brokers te deduct gross receipts' of ther~ individual agents ~om the brokerage fi~n's
gross receipts.
#2: We request that the 1997 tax be based u~on the Gr~s Receipts earned in 1996 by. ageam still
with the fn-m as of 1/1/97. RATIONALE: ~ will grve sem¢ ~iefto brokers in 1997 from
having to p~.v Gross P~ceip~ Tax on commis~s paid out to agems no longer with the firm in
1997.
#3: We request that brokers of real ~sta~¢ firms iU ~,de County be asked to assist th~ County
in acting as a collection agent for both the ~ F~ und Gross Receipts Tax from individual
real ~nate agents within their firms. RATIONALE.: This will eliminn[¢ ~ 11~ for the County to
pm~e hUndLmds of agents for rain/mai revem~:s.
f/4: In 1996, Al~emurle County. collected $103.S20 in Gross Recetpts Taxes fi'om real estate agents
and brokerage firma based on 1995 Gross p_~4pts.
41 Bmkers/Fkms Taxes Paid Fees Paid Gross Commissions
.551,620 $0 $8,900,000 I
13 Agents- Over $100K S15.080 $0 $2,600.000 [
229 Agents - Under $100K S37.120 $0 1S6,400,000
TOTAL Sl 03,820 $0 $17,900.000
A
In 1997, Albemarle County assumed 1996 would be as profitable as 1995 and projected Gross
Receipts Tax in the same amount t $103.820) by collecting the tax solely from the real estate
brokers based upon 1996 Gross Receipts.
I41 BrokemlFirms
13 Agents - Over $100K
229 Agents - Under $100K
TOTAL
Taxes Paid Fees Paid
Gross Commissions
S103.82050 S2.05050 $17'900'0~
$0 $0 $0
$103,820 $2,050 $17,900,000
We propose the following: the Coun~ would collect $66,700 from real ~late brokers and real
e-state agents earning more than $100.000 AND $I 1.-/.50 fi.om agents ~,mm§ l~,s th~n
Eom License Fees - for a total of $78,150. Approximately $25.000 less than projected.
RATIONALE: This is once again in keeping with the intended r~li~'~rnall bllsinesse$ ~ to
Mve received as a result of the amended BPOL legi~'~l~tion.
41 Bmkers~irrns
13 Agents - Over $100K
1229 Agents - Under $100K
[TOTAL
Taxes Paid Fees Paid Gross Commissions
$51,S20 $0 $8.900,000
$15,080 $0 $2.600,000
$0 $11A50 $6.400,000
$66,700 $11,4~0 $17,900,000
As bu.sin~ss lead~rs, we beti~ve in fiscal responsibility and do want work with the County in an eft'on to
come to a reasonable soltaion for both tha real ~,-t~*e inth~try and the County. We woutd appreciate yunr
thouginful consideration ofour concerns and recommundations. We remain pr~pared to ~ddr~ssthese
concerns to the full Board of Supervisors when neo~,~ry. Please let us know what the next step will be.
V~T ~ly, f
Deborah van Eersel
~x~'etiv~ Vico Pmsidunt
Carol F. Clarke. CRB. CR5. GRI. Pre~dunt
William P. May, Presidunt-Eleet
Charlotte Damm~nn
file
DAT~
AGENDA 1T~ NAME
Form.3
7/25/86
COUNTY
OF
ALBEMARL 0^RD OF SUPERVISORS
EXECUTIVE SUMMARY 05-£$-97A,,~8:15 RfiVD
AGENDA TITLE:
Key Commercial, Inc. - Request to amend the Albemarle
County Ser~_'ce Authority Jurisdictional Area.
SUBJECT/PROPOSAL/REQUEST:
Consider holding a public hearing to amend the ACSA
Jurisdictional Area to provide Water Only to Key West
Subdivision located on Tax Map 62, Sections 62B(1),
62B(2), and 62B(3) and Cedar Hills Subdivision located
on Tax Map 62, SectJon 62C.
STAFF CONTACTIS}:
Messrs. Tucker, Cilimberg
AGENDA DATE:
Apdl 2, 1997
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
!
BACKGROUND:
The applicant, Key Commercial, Inc. requests jurisdictional area designation for water only for service to Key West Subdivision
located on Tax Map 62, Sections 62B(1), 62B(2) and 62B(3) and Cedar Hill SubdMsion located on Tax Map 62, Section 62C
(See Attachment A). These two subdivisions are located off Route 20 (Stony Point Road) just north of the Neighborhood Three
Development Area and consist of a total of 228 lots (See Attachment B). The applicant has stated that the request for the water
only designation is due to the primary well serving the subdivisions being contaminated with a gasoline additive called Methyl
Terliary Butyl Ether (MTBE~. Also, the applicant added that the Department of Environmental Quality (DEQ} has not been able
to determine the source of the MTBE and that the Virginia Department of Health (VDH)-Office of Water Programs recommends
that the Albemarle County Service Authority (ACSA) furnish water to these subdivisions as a solution (See VDH report-
Attachment C). According to a letter dated March 7, 1997 from Bill Bren[ ACSA Executive Director, the applicant has attempted
to drill additional wells but they did not produce the water quantity needed to serve the neighborhoods. Also, Mr. Brent added
~*"'~ that puffing a treatment system on the contaminated well will be costly project and its long term effectiveness is uncertain
(Attachment D).
DISCUSSION:
The subject property for this request is not within a Development Area, The Comprehensive Plan provides the following
concerning water service in the Rural Area:
General Principle: USlizaSon of central water and/or sewer systems orff~ extension of public water or sewer into the Rural Area
is strongly discouraged except in cases where public health and safety are at issue.
Recommendation: Only allow changes in jurisdictional areas outside of designated Development Area boundaries in cases
where the property is: ( f) adjacent to exis#ng lines; and (2) public health or safety is endangerecl
The subject property is not located adjacent to a water line. The nearest line is a 12 inch water line (Pantops water line) located
approximately 6,000 feet south of the subdivisions that runs along Route 1421 (Elk Drive), just south of Darden Towe Park.
Vedticatien of endangerment to public health and safety is provided in the attachments.
RECOMMENDATION:
The applicant has actively sought alternative solutions to provide a replacement system by attempting to find a new well(s) to
serve the neighborhoods. The Virginia Department of Health-Office of Water Programs has confirmed ground water
contamination and has indicated that the best altemative to serve the subdivisions is a connection to the Pantopa water line.
Staffbelieves that the effect on the intent of the Comprehensive Plan of an amendment is minimal in that the jurisdictional area
for public water will only be designated for those pamels in the Key West and Cedar Hill subdivisions currently served by the
Key West Water Company. For these reasons, staff recommends proceeding to public hearing to consider amending the
jurisdictional area map to allow for water only designation for the Key West and Cedar Hills subdivisions located on Tax Map
62, Sections 62B(1), 62S(2), 62B(3) and 62C.
cc.' Key Commercial, Inc.
Art Pethni
Bill Brent
David Hirschman
James W. Moore III
97.071
. . .APPLICATION TO AMEND. THE. , ,..~,. .... . . , .
': ',';SERVICE AUTHORITY..' :.{~} ~o~'.~ao.~.,, ,,' ,..~.
Address: ~_~ ~'t=--] t~.t~¢,~' ~ ,. ,~ ~.~r~t-~ '~e~'r ~..~ ~~
CO-APPLICANT Nme (o? agent, if any)~ "
Address, ': , "' '~, ,' ," ,
:' CURRE~'Nq7 SERVIC:E
.'' ~atei- and Sea'.er ii..,'.i .:'.:':.' .;"'?"~.:"
JUSTIFICATION: FOR
i jFo 'Staff. USe Only ....
DA ESUBMrl tED: '-; ' F . :
D $1 '
~QUBSTFOR2AMENDME~TADO~D: ~ Y~ ~o .~t~ofAction ~
Key Commercial Inc.: tm62-p62B1;6~]j~
Wa~'er only to Exist. Str~2B3;62C 46
50
~U,U~j~;:.:" ~TTACHMENT Bl
SERVICE AUTHORITY
JURISDICTIONAL AREAS MAP KEY
WATER ONLY
WATER AND SEWER
WATER ONLY TO EXISTING STRUCTURES
These are existing structures as of the
adopted date, either 10-1-82 or 8-10-83
Please see 'List'ot Existing Structures
OR Development Rights" for specific
structures and. dates.
LIMITED SERVICE
Please see "List of Existing Structures OR
Development Rights' for specific limitations
78
CHARLOTTESVILLE
AND RIVANNA DISTRICTS
SECTION 62
KEY WEST. SUBDIVISION
ASSOCIATION MEETING
Mai. c~i 1.7,~ 19~7.'.<,. ,.L'
KEY WEST SUBDIVISION
MTBE EVENT SUMMARY
1 VDH receives odor complaint from Key West resident on October 29, 1996
2 VDH Inspector responds to complaint on October 30, 1996 and collected two distribution system
water samples for Volatile Organic Chemicals (VOC) analysis based upon detected odors. Initial
opinion is that the odors are confined to portions of the distribution system and may be the result of
a cross connection, spill, etc. Note that all previous VOC analysis from wells (conducted on an
annual frequency) indicated no detects. Instructed owners to flush portions of the distribution
system.
3. A follow-up site visit is made to Key West on November 6, 1996 after indications of odor from
well number 1 We now suspect that the problem is with the source water and not a distribution
system problem. Water samples are collected for VOC analysis from wells 1 and 2.
4. Sample results received on or about November 19, 1996 confirm Methyl Tertiary Butyl Ether
(MTBE) in well number 1. The results for well number 2 indicated non detectable. Well number
1 is taken out of service. Because groundwater contamination was confirmed, the Department of
Environmental Quality was notified. DEQ is currently conducting an invescgation to attempt to
discover the source of the contamination.
5. Additional samples are collected from wells 1, 2. and 3 on December 2, 1996
6. Meeting with VDH. DEQ and waterworks owners held on December 3, 1996 to discuss
contamination event, determine corrective strategy, and investigation into possible cause. Initiated
design of activated carbon units for wells at wells 1 & 2.
7. Additional samples are collected from wells 1, 2, and 3 on December 17, 1996
8. January 14, 1997 - DEQ "Release Investigation" final report is completed. Results of the
investigation indicate no known source of the contamination.
9. Additional samples are collected from wells 1, 2, and 3 on January 15, 1997.
10. Meeting of Key West Owners Association on January 21, 1997 to summarize events, discuss all
monkoring results, explain corrective strategy and answer questions.
11. Well number 4 being developed & pump tested. Samples collected on January 21, 1997.
12. Additional samples are collected from wells i. 2. and 3 on February 5, 1997.
KEY WEST EVENT SUMMARY CONT.
13. Meeting with VDH. DEQ and waterworks owners held on February 12. 1997 to re-evaluate
contamination event and corrective strategy. Initiated action to formally approach ACSA for water
service to Key West.
14. Additional samples are collected from wells 1 and 2 February 12, 1997.
15. Design of carbon units is completed. Engineering plans and specifications are received by
Department of Health on March 6, 1997. The project is currently under technical review by VDH
and a construction permit will be issued in the near future.
16. March 6, 1997 meeting is held with DEQ, VDH. Key West and the Albemarle County Service
Authority. Initial discussion on extending water service from the Pantops area to Key West. This
option is currently being pursued.
See Attached Summary q£ Monitoring Results
Historical VOC Monitoring at Key West:
August 11. 1993 ND
July 26,1994 ND
August 3.1995 ND
Reduced Monitoring in 1996 to once every 3 years
KEY WEST SUBDIVISION - MTBE MONITORING SUM2VIARY
Sample Date
10/30/96 ....
11/6/96 11.4 ND --
12/2/96 81.3 [3.2 ND
[2/17/96 47 7.1 ND
1/15/97 23.3 3.7 ND
1/21/97 - --
2/5/97 t2.6 1.22 ND
2/12/97 17 3.3 --
14.2
ND
Notes:
All Results are in ug L or PPB
The 2/5 sample analysis (wells 1 & 2 ) was performed by Toxikon Corporation. West Palm Beach. Fl
Ethylbenzene. Total Xylenes. diisopropylether. & C3 Benzenes detected in the 12/2 sample from well gl& 2
diisopropylether detected in the 12/17 01/15. and 02/12 samples from well #1 only
KEY WEST SUBDIVISION
CORRECTIVE ACTION OPTIONS
Option 1
Develop and place into operation additional groundwater sources. Discontinue wells 1 and 2 as long as
water quality analyses indicate the presence of unregulated VOC's. Currently well number 3 produces
approximately 15 gpm. The pump test for existing well number 4 indicated a reliable yield of '19 gpm.
Wells number 3 and 4 will only produce approximately 27,000 gpd and can not supply adequate water
to the Key West Subdivision [average water demand of 50,000 to 60.000 gpd). As such, this option will
require the development of additional source(s).
Option 2
Design and install treatment facilities for wells t and 2. The treatment needed would be a combination
of activated carbon contactors and disinfection. The Department of Environmental Quality is providing
assistance with this option. While properly designed and operated activated carbon treatment is capable
of removing MTBE and other organic compounds. VDH does not consider this to be the best opnon.
Some of our concerns include: 1) The concentrations of contaminants could increase, either gradually
over time or very suddenly. Should this occur, the activated carbon contactors may have m be
redesigned or the carbon exchanged on a freqnent basis: 2~ Long term costs of operation and
maintenance: and 3) Difficulty in performing routine monitoring of comaminants. This option should
be implemented only if there are no other viable options.
Option 3
Connection to the Albemarle County Service Authority. This option would involve extending a water
main from the Pantops area along Route 20 to serve Key West. There are many administrative and
economtc problems associated with this option. Some of these include:
l. Key West is NOT in the currem ACSA service area. Extending water service ~nto this area would
require concurrence from the Albemarle County Board of Supervisors.
2, The existing distribution system in the Key West subdivision does not meet current minimum
construction standards of the ACSA,
Preliminary cost estnnates to just extend a 12 inch water line fi.om Pantops to Key West are in the
range of $400,000 to $450.000. Additional costs would include connection fees for each service
connection ($1533) plus the cost of any distribution system improvements (if required).
PUBLIC HEALTH IMPLICATIONS
OF MTBE IN DRINKING WATER
MTBE is currently NOT regulated in drinking water. There is no primary maximum
contamtnant level (MCL) established for MTBE.
The majority of health related studies of MTBE has been related to air pollution and the
potential health effects of inhalation. The main concern of these studies ~s related to
workers in petroleum ref'meries where MTBE is utilized in the formulation of gasoline.
The Environmental Protection Agency (EPA) has issued a dr~/ft health advisory for MTBE
in drinking water. The adult lifetime exposure concentration in the draft is 70 parrs per
billion or 0.070 mg/1.
The highest measured MTBE concentration in well number 2 was 13.2 parts per billion
(0.013 mg/1) on December 2. 1996. The MTBE concentration has been less than 5 parts
per billion (0.005 mg/1) in the last three samples.
Baset upon the currently available information VDH believes that there is little cause for
concern with the current level of MTBE in the distribution system (i.e. less than 5 parrs
per billion) in the Key West drinking water.
VDH is working with EPA and other sources to get as much information as possible
related to the health effects of MTBE in drinking water. If there is any indication that the
current thinking is incorrect, the treatment units will be installed.
Interim Recommendations to Consumers
Please be assured that the waterworks owners and VDH are working to resolve this situation
as quickly as possible. From a regulatory standpoint the water meets all current standards:
however, we realize that firm answers regarding the health impacts of MTBE are not
available. If you have concerns you may want ro consider using bottled water for drinking and
cooking or install a point of use activated carbon treatment unit in your home. You can call
the VDH - Office of Water Programs at (540) 463-7136 if you have questions about treatment
units.
KEY WEST SUBDIVISION
PROPOSED COURSE OF ACTION
1. Complete work on well number 4 and place into operanon ASAP
2. Operate waterworks using wells 3 and 4 supplemented by well 2 as needed
3. Keep well number 1 off line
4. VDH will rewew plans and specifications and issue a Construction Permit for the
Activated Carbon treatment units for wells 1 and 2
5. Continue to monitor VOC's in all wells on a monthly frequency
6. If connection to Albemarle County Service Authority becomes a viable alternative -
proceed wkh that option as a permanent solution
7. If connections to Albemarle County Service Authority becomes not viable - proceed with
search and development of additional groundwater sources as the permanent solution
8, Should monitoring results show a significant increase in the concentrations of contaminants
proceed immediately with the installation and operation of the Activated Carbon treatment
units
file:h:\keyl .doc
Virginia Department of Health
Bureau of Toxic Substances
P.O. Box 2448. 1500 East Main Street, Room 124
Richmond. Virginia 23218 (804)786-1763
I
FACT SHZET ON METH'YL TERTL4.RY BL-I~t'L ETHER (MTBE)
G E.N'ER.-'cL LYFOR_MATION
Motor vehicle ex~ust in :he U. S. is the largest individual source of carbon monoxide CO) and ~ound '.eve!
ozone (O~.) emissions. The U. S, Env'~rorenental Protection Agency (EPA) estSm~tes that motor Vehicle em~ss~or.s
account for 75% to 90% of the CO pollution ~.nd rougazly 50% of the 0= pollution in various regions of the Ur.~ted
States. In the I990 amendments to ,..he Clean Air Act (CAA). ConFess m~nda,-~ci that EPA issue rew~'latiop~ that
would require gasoline ro be reformulated with specified a.motmts of oxygenates. Oxygenates are substi~nces that
provide oxygen to gasol/~ne thereby reducing milpipe emissions of CO and O= fi'om vehicles. The regulations were
sul~sequently develope~ througJa negotiations with industry, federal and state goverxmaents, and env~opzne=,~l- ~d
consumer groups. These rewalations resulmd m two new fo~.-mulations of gasoline with increased ox.vge:~ contezt.
One. called "oxygenamd ~el" or "oxy~et". contaz~ a mi~imu.m of 2.7% additional oxygen by wei~t. ~d :s
3esigned to control emission of CO durSng winter months-o~y. The second, called 'reformulated gasoline" or
"R:FG'. coBt~mq a minimma of an additional 2 % of oxygen by weight, a m~xJ.m~m benzene contem of 1% by volume.
and a maxi.mm of 25 % of aromatic hyd.rocazbons by volume, and is designed to control O~ pollution ~d o~er
toxics. Oxyfuel has been m=ndat~d by the EPA for nonart=inment areas ard is now being used in 59 ci~es in 21 stztes
during winter months only (since November 1. 1992). In Virgin/a, 0x'sff~el was used in nor&em virgm/a during
wrater months only between November 1. 1992 and March 31, 1994.. Its ,use ended bec~ause northern Virgg~a had
reduced its CO to attainment levels. RFG ~ also been round, ted by the EPA for non~rtainment areas and is now
being used year-round in the nine metropolitan areas in the cotmrry with the worst O= pollution rsince Ja.nua_,? 1.
1995). In addition, several state,, includIng Virginia. voluntarily opted into the pro,am. RFG has been used
Ric. lmaond. Northern VirgS~ia. anti H=mpton Roads areas si.rr.e January 1. 1995. The two major oxygemtes c,,~-renfiy
in use are methyl terr/a~ butyl ether (MT'BE) with 65 % m~rlcet qh:~'f~.. ~ ethanol (grain alcohol) with 35 % raarket
share. Oxygenates help fuels bm cleaner and more completely, thereby reducing levels of CO and O,- forZCmg
compounds via the tailpipe emissions. The EPA has estim=t~!, that the use of oxyfuel will reduce emissions of CO
by 95 % and the use of RFG will reduce emi~siom of O~ precursors by 15 %. Oxyfuel contains 15 % MTBE or 7.7 %
ethanol, and RFG COl3mln~ 11% M'I'BE or 5.7% ethanol.
MTBE is a :olorless, flamm=ble liquid with a terpene-like odor. It has an odor threshold of 0.06 par~s per
million (ppm) or 0.2 millig:Fattl p~ cubic meter (mg/m=) in air. It is mi~ible in gasoline and soluble in water. ~icohol.
and ether. It Nas relatively high vapor pressure and a low octanolJwater partition coefficient.
USES
MTBE is an additive used in oxyfuet or RFG. It Na.t been in use in premium gasoline in the U.S. since ~e
lam 1970's at low levels-to replace lead additive~ and aroma~: compounds. MTBE has other special uses in che.'rJcal
Iaboratones and in medicine. It is also used to dissolve gallstones.
HEALTH E~ ~ ~.CTS
The general public can be exposed to Iow concentration~ of MTBE while pumping gasoline ~n.d work~'~g as
artendant~ or mechamcs where gasoline is sold. MTBE appears ~o be rapidly and com~iete!y absorbed .;rom :ne
respiratory and gas~ointes~h',mJ tracts in humans and animals. Following oral. inhalation, dermal or ~ntravenou~
exposure un expermaental animals, much of thc MTBE is rapidly eliminated as unchanged MTBE inthe expired ai,~'~,
Unchanged MTBE and its metabolite. :emary butanol (TBA) are the main respiratory excretion pro<iucts. MTBE'-/
and TBA have been detected in the blood, urine, farry-ussue, an¢l mother's milk of patients undergoing gallstone
~.rea~-nem using MTBE. The anmmi MTBE exposure concenu'auon esnmated by the EPA for rnaxirrmlly-exposed
people in areas with oxyfuel 'and R,FO rangeci between 0,03 and 0.05 rng/m~ of air.
Acute Effects
Complaints of possible health effects as a result of exposure to MTBE containing gasoline were first
repor-m.d in I992 by the residents of .~nchorage and Fairbanks. Alaska. The most frequent symptoms reporwa
were headache, dizziness, nausea-, eye irriution, and a burro_rig sermauon in the nose ~d 2,~roat. SkmJ. iar
complaints were also reported in New Jersey, Montana. Connec=cat. New York. Maine. and. Wiscomin a~er
'these states began using oxyfuel andgor RFG.' In rerponse to these health complaints, several epidemiological
studies ' have been conducted in different parts of the country. These studies were u~',,abte un relate e~ther
oxyf~el or RFG use to increased prevalence of reported symptoms.
In controlled hnm~n expermaents, rabjects exposed to 5 mg/m~ (1.~ ppm) to 6 m~m* (1.7 ppm) MTBE
~ the air for one hour did not report any symptoms of heaciache, eye irr/tafion, nose irritation, or behavioral
changes. No correlation was found between blood concentrations of MTBE and the reported symptoms.
Based on the available im'ormation to clam. them is no conclusive epidemiologkal or clinScal evidence
to l~nk the use of oxyfuel or RFG with serious acute health effects. The reported iz4,.ividual symptoms and
symptom par~ms perceived to be associated with exposure w oxyfuel or R.FG are generally non-specific ~'~
simil~.r tO those experienced with common acute a.rd eh.toNe illness~ such as colds, flu ~und allergies.
reported symptoms can also be expected to occur from exposure to conventional gz.qoline which does not
cont=in MTBE as an acld. itive to improve oxygen content.
The acute toxicity in experimental animals of MTBE is low following inhalation, oral. or derm=l
exposure. Acute i.ntmlation 4-hour LC~o (the calculated concentration that kills 50% of the test organisms)
values in rats ranged from 33.370 ppm to 39.395 ppm. The oral LD~o (the calculated dose which causes death
in 50% of a defined experimental ~ population) in rats is 38,000 milligTamq per leilogranl (rog/kg). The
acute dermal LD~o for rabbit is gr-=,er th~n t0,000 rag/kg. In dermal sensitization tests in guinea pigs, local
n'ntation resuhed after injection of 0.5 ml of 1% MT'BE under the skin.
Chronic Effecta
In a 24-month, inhalation study, increase~ mortality and decrea..~t mean survival time occurred in
male ram exposed intermittently to 3.000 ppm ~ 8.000 ppm MTBE. In these anlma~s, the primary cause
of death was progressive r~phropatby 0tierney ~). It was specula~ that the mechaniqm of renal toxiciw
observed in this study may be slx~ific for the mate rat and may not be relevant to humans, tn mice exposed
to the same concentration of MTBE for 18 montl~, increased mortality and decreased mean survival me
occurred in males at 8.000 ppm due to uropathy (urirmry tract disorder). No information is available regarding
long-term health effects in hurmm~ following inhalation exposure to MTBE at low contractions. No
reproductive, teratogenic, or mutageni¢ effects have be~n observed in test animals ~r inh=l~tS, on exposures.
Careinogeni¢it7 ~
No studies were located regarding cancer in hurn~nq expoSt~i to MTBE by any route or in animals
exposed orally or derrrmlly. C'?~'onlo ir, h=tation expo~u'e of rats to 400. 3,000, or 8.000 ppm MTBE. regul:ed
2
C
in ~ncreased incidence of renal tubular adenorrm and c~rcinoma m rn~le rats at 3.000 ppm a.nd 8.000 ppm.
Chronic kn.halation exposure of m/ce exposed to 4~30.3.OX); or 8.0(30 ppm MTBE. resulted in an increased
incidence of hepatocellular adenoma in female m/ce at 8.000 ppm. Based on the available studies, r~he EPA
has tentatively classified MTBE as a Group C "possible hu.ma~ carcinogen" (ILm. ited evidence of
carcinogerficity ~n ar~n23s and i~nadequate or lack of human data).
E.N'~TR O N .~'MENT.4.L EFFECTS
Concentradom of MTBE in ground-level a/a' at tl,z~ refineries in r.he Un/ted States were detec:ed at !ess r.~an
0.03 mg /mJ. The largest envwonmentai releases are likely to occur as ~ginve em/ssior~s from c~e,'r~cal
manufactu-nng plants, gasoline term/r~ds, service star/om, and ~pgls. The h~df-life of MTBE in aZ ~ l~.en estU'n~ted
co range between 20.7 hours a~d 265 hours. The i'mtf-tife of M'I'~E in water 1,2~ been es'&r2ted to be 28 days to
days in surface waters, and 112 days to 720 days in deep water or groundwater,
MTBE has a Iow toxicity :o fish. A 9O-nour LC,a of 6/_ m/il/grams per liter (rog, t) Ln r2~.e fauSead mm.now
and a 96-hour LC~o of ~eater than 10.000 rog/! m a co,pod have been de,trained. No toxicity aata are available
r'or bh'ds, te,westrial pPmts, or soil biota.
ST.-~'~'DAR.DS .-~.'~D GL'I[DEL~'E$
At ~..is t~ne. ',.here are no federal sumdar~ for MTBE [n water or ~r. The 'Fm'eshold L..'mit V~.iui (TLV).
established by the Ame~ca~ Comeerence of Gove~,.~nental Industrial Hygien.i~ts (ACGI>I) for occupatioi:ml exposure
to MTBE is ~ ppm (1~-~ mg/m=) during an eiglx to ten hour work st'fiR. The EPA has developed a reference
concentration tRf'C) for MT'BE of 3 m~m~ (0.8 ppm). R.fC is defined as an inbMed concencranon, wi~ uncerta~,'y
(~- spanning a~. order of magnitude, fl:tat can be inh=lect conr/nuou.sly over a liferkne by peopl, (;mcludlng sensitive
~..~ populatior~s) without any appreciable deleteriou~ noncancer haxarcl. The lifetime he~.lth adviso~ for MTBE L'~
dr~g water var/es fi.om 70 ~,g/! to 200 ;~g/! in different states.
Methyl t-butyl e~her (ChemScal Al>stract Regisu-y #133~.-04--4). tort-butyl methyl e~er. 2-mechoxy-2-
methylpropane. MTBE.
P REP.-~.ED BY:
Ram K. Tripath/, Ph.D.
Toxicologist
I~cember 18,
'ALBEMARLE OOUNTY SERVICE
P,O. J~OX ~OO9 168 SPOTNAP I~D CHA~LOTTESV~E V~-22902 · (804
AUTHOI-'RITY
977-451 -AX (804/ 979-0698
March 7, 1997 IATTACHMENT DJ
Mr. Wayne Cilimberg
Director of Planning & Community Development
Albemarle County Office Building
Charlottesville, Virginia 22901
Re: Key West Subdivision
RECEIVED
MAR 1 t 1997
Pln.8..,q n i n~
.... . Dem.
Dear Wayne:
Yesterday we met with representatives of Virginia
Department of Health, Department of Environmental Quality,
Key West Water Company, and Key West property owners to
discuss the possibility of connecting that subdivision to
ACSA's water system. I previously notified you that the
primary well serving this subdivision had become
contaminated with Methyl Tertiary Butyl Ether (MTBE).
Additional welis have been drilled but they do not produce
the quantity of water needed, although there is no
indication of MTBE in the new wells. Putting a treatment
system on the contaminated well will be costly and its long
term effectiveness uncertain.
Much work has to be done to determine terms under which
the ACSA would take over the distribution system, how the
connection to the ACSA system would be made, and funding.
The first question to be answered is whether the County
would incorporate Key West into ACSA's jurisdictional area.
Since ACSA traditionally has not initiated requests to
expand its service areas, who should apply for the
jurisdictional boundary amendment? The water company? The
customers? DEQ? VDH? I would appreciate some direction
from you as to how to proceed in this matter.
JWB:dmg
cc: Board of Directors
Mr. Charles Martin
Paul Shoop
Bob Tucker
Very~ly yours,
J. W. Brent
Executive Director
03-28-g?~~ :~5 RCV~3
o.N ~? _
EXECUTIVF SUMMAF~oA~D O~
AGENDA TITLE:
Henry C. Keith - Request to amend the Albemarle County
Service Auther~ Jur'=dictional Area
SUBJECT/PROPOSAL/REQUEST:
Consider holding a public hearing to amend the ACSA
Jurisdictional Area to provide Water Only to a lot to be
created on Tax Map 59, Pame112G.
STAFF CONTACT(S):
Messrs. Tucker, Cilimberg
AGENDADATE:
Apn]2,1997
ACTION:×
CONSENTAGENDA:
ITEM NUMBER:
~ ?. ,~ ~,~,~..~,
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS: ~.,
REVIEWED BY:
BACKGROUND:
The applicant, Henry C. Keith, requests jurisdictional area designation for water only to a new lot to be created on Tax
Map 59, Parcel 12G (See Attachment A). There is currently an ex'~ting dwelling unit on this 6.9 acre parcel located off
BIoomlield Roadjusteast oftheOakKnolISubdivision andjustsouth of Kearsarge Subdivision (See AttachmentB). The
applicant has indicated verbally that he is to be deeded two acres from this parcel to build a new house. The subdivision
has notyet been submitted to the County. The existing dwelling has a well and has apparently not experienced water
problems. However, the applicant has stated that the request for water service is based on the lack of well water on and
around the subject property.
DISCUSSION:
The subject property for this request is not within a Development Area. The Comprehensive Plan provides the following
concerning water service in the Rural Area:
General Principle: U#lization of central water and/or sewer systems or the extension of public water or sewer into the
Rural Area is strongly discouraged except in cases where public health and safety are at issue.
Recommendation: Only allow changes in jurisdictional areas outside of designated Development Area boundaries in
cases where the properly is: ( f) adjacent to existing lines; and (2) public heal[fl or safety is endangered
The subject property, while not adjacent to a water tine, is located near both the Knoll Ridge Drive and the kearsarge
Circle water lines (See Attachment C). Groundwater in this vicinity is notoriously unreliable. Within the past two decades
wells have failed and public water service had to be provided to several nearby properties such as West Leigh, West
Pines, as well as numerous other individual properties. In addition, the adjacent property to the north (Kearsarge
Subdivision TM 59, Parcel 18) and the adjacent property to the south (TM 59, Parcel 12), as well the Oak Knoll
SubdMsio~ (TM 59, Parcels 12F, 12F1, 12F2, 12F4) which is located 200' feet directly west of this property, have all been
designated either for water only to existing structure(s) or for water only due to water quantity problems. However, the
subject parcel has not experienced problems with the exis§ng well and at this time no attempt has 'been made to
determine if adequate groundwater is available for the prospective lot. The applicant has indicated verbally that this
jurisdiddonal area request is in lieu of going through the expense of drilling a well in an uncertain groundwater situation.
The applicant would prefer to make use of the existing public water available in the area.
RECOMMENDATION:
Decisions to grant jurisdictional area designation for water only in this area have been based on the unique water
problems existing there. Typically in consideration of the particular groundwater conditions in this area and the previous
allowance of water service to nearby and adjacent residential properties, staff would recommend proceeding to public
bearing to consider water only to any existing structure(si that is experiencing well wa~er problems. However, in this case
the applicant indicates that the existing structure is not experiencing such problems and the request is to serve a new lot
AGENDA TITLE:
Henry C. Keith - Request to amend the Albemarle County Service Authority Jurisdictional Area
April 2, 1997
Page 2
to be created and house to be built on that lot. This appears to be inconsistent with the basis for pdor decisions to grant
jurisdictional area designation in this area which has been to existing lots and/or structures only. Therefore, considering
the inconsistency of this request with policy and past decisions, staff does not recommend proceeding to public hearing
without evidence of problems on the subject property.
cc: Henry Keith
Art Petrini
Bill Brent
David Hirschman
Gary Rice
97.070
AREAS
ATTACHMENT &
County oPAlbemarlo
Department of Planning and C6mmunity Development
401 Mclntke Road
Charlottesville~ ~rA 22902'4596
804 296-5823
CO-APPLICANT Name (Or :agent, .if any!:
Phone:
.JURISDICT!ON~~ AR~A DESIGNATION REQUESTED:
D .Ware; and seWer ' Water Only
[] ~water Only to EXisting Structure(s) F'[ Limited Service (Describe in Justification ·
below)
PROPERTY LOCATION' (Address)
CURRENT SERVICE AREA DESIGNATION (If any):
i t-] waterand sewer - [] Water 0nly
' [~ater 0nly to EXisting StructUres ' [] Limited Service
A,,C.S~,FI. TEL:804-979-0698 Nar 21'97 11:49 No.O03 P.01
ALBEMARLE C OUNTY SERVICE AUTHORITY
[-'{O. BOX 1C)O9 168 SPOTNAP I'~D. CilAPLOTTESVtLLE VA 22r',;O2 "(804) 977-4511 ~ (804) 979-O698
ATTACHMENT C
March 21, 1997
Mr. Ken Baker
Dcpactia~nt of Planning and
Community Development
Albemarle County Offi~ Building
Charlottesville., Virginia
Dear Kc-n:
You have asked if the Service Authority could pro¥ide water service to Tax Map Parcel
59-12(}. We have water mains in Kearsarge Circle and Knoll Ridge Drlve~ The property owner
would need to acquire rights-of-way across private properties to reach either of these lines.
Please let me know ifyou have any questions.
J.W. Brcnt
Executive Director
JWB/lbt
ALBEMARLE COUNTY
~EVZSION D~gS.' 8/10/83,~I/11/84,
~i~§9-PI2G: Request for Water to exis~
/ Structures
28 ¢
WATER ONLY
,WATER AND SEWER
WATER ONLY TO EXISTING STRUCTURES
These are existing structures as of the
adopted date, either 10-1-82 or 8-10-88
Please see 'List o? Existing Structures
OR'Development Rights~ for specific
structures and, dates.
20
25
LIMITED SERVICE
Please see "List of Existing Structures OR
Development Rights' for sDecific Jimitations.
22
[z
13£
75
SAMUEL MILLER DISTRIOT
JATTACHMENT BJ
SECTION 59
u~sfnbme~ '~ . .
To: Members. ~
Board of Supervtsors
From: Ella Washington Carey, CMC. Cler
Subject: Appointments to various Boards Commissions
Committees (Updated)
Date: March 28. 1997
Follmving is a list of appoinUnents to Boards Commission:
~ITECTURAL REVIEW BOARD: tOne vacancy Diane Edgerton Miller resigned as of
~t~ff end of her term. Appointmentwould be for four with term to expire on November 14,
years.
2000. Interviews scheduled for April 2. 1997.
COMMUNITY POLICYAND MANAGEMENT TEAM (CPMT): ~One vacancy) Clerk has
advertised for applications.
/
~6UALIZATION BOARD: (One vacancy) term to expire on December 31, 1997.
b/Readvertised, but no applications were received for the Samuel Miller District.
HOUSING COMMITTEE: ~One vacancy) Beverly Terrell resigned as of March 23, ! 997. Her
unexpired term is through December 31_ 1998.
REGIONAL DISABILITY SERVICES BOARD: Karen Morris resigned upon her retirement.
The group is to have at least one local official as a member. Her tmexpired term is through July
1. 1998. Interviews scheduled for April 2. t997.
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'SADVISORYBOARD: Applications are
attached.
,ewc
Attachment
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Board of Supervisors
Ella W. Carey, Clerk, CM~
March 28, 1997
Applications for Boards and Commissions (Updated)
Following is a list of applications received for vacancies on Boards and Commissions:
ARCHITECTURAL REVIEW BOARD:
John R. (Jack) Gobble, III
Charles M. Herbek
Frederick F. Bainbridge
Richard Berman
William H. Boozer III
Paul I. Grady, Jr.
William B. Harvey
M. Douglas Lowe
Carolyn A. Noteman
Geoffrey Pitts
Bethany Christenson Puopolo
Dennis S. Rooker
REGIONAL DISABILITY SERVICES BOARD:
Donald R. Crosby
Norman D. Netrleton
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'S ADVISORY BOARD:
Heinz J. Adam
Frederick F. Bainbridge
Richard Berman
David W. Cam Jr.
George W. Carter
James F. Copps
Susan DuBar
Steve L. Gibson
Thomas J. Goo&ich
Paul I. Grady, Jr.
Burnley B. Hayes
Memo To: Board of Supervisors
Date: March 28, 1997
Page 2
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'S ADVISORY BOARD (continued):
Larry W. Hayes
Walter A~ Holt
Pat Kennedy
Lisa McEwan
Lolly Norris
Carolyn A. Noteman
Thomas W. Payne, Jr.
Oliver A. "Trip" Pollard, III
Patricia B. Richmond
Marion G. Rothman
O. Douglas Royals
Kalya S. Spicuzza
Diana H. Strickler
Nancy K. Tilman
Charles Mitchell Toms, Jr.
Susan P. Tufts
Phillip W: Unger
William J. Vlasis
Harvey J. Wflcox
Henry P. "Phil" Williams, III
Marlee Clarke
/ewc
BeVerly Terrell P.O. Box 4438 Charlottesville VA 22905 BOARD OF SUPERVISORS
March 23, 1997
)3-25-97P0i:56 RCV5
Albemarle Housing Committe
401 MclntJre Road
Charlottesville, VA 22901
Dear Housing Chairman,
' find that I must resign from the board due to conflicts
with my iob. I thank you so very much for giving me the
opportunity to work with you.
Most sincerely,
To: Members, Board of Supervisors
[~rora: Ella Waskington Carey, CMC, Clert~k~
Subject: Appointments to various Boards/Commissions/
Committees (Updated)
I~ate: February 26, 1997
Following is a list of appohrtments to Boards/Commission:
ARCHITECTURAL REVIEW BOARD: ,'One vacancy) Diane Edgerton Miller resigned as of
the end of her term. Appointment would be for four years, with term to expire on November 14.
2000. This was readvertised and new applicat2ons are attached.
EQUALIZATION BOARD: ~One vacancy) Term ro expire on December 31. [997.
Readvertised, but no applications were received for the Samuel Miller District.
PUBLIC RECREATIONAL FACILITIES AUTHORITY: Three vacancies, The term of
AncIrew B. Middleditch expired on December 13. 1996. A letter was sent and he has been called
asldng if he wished to be reappointed. (He still has not replied as to whether he wishes to be
reappointed.) Neither GuyAgnor, nor David Bass have been replaced. Appointments would be
for three years, with terms to expire on December 13. 1999. Applications are attached. It is my
understanding that the By-laws are going to be amended to reduce the membership from ten to
seven members. If that occurs, there would be one vacancy.
REGIONAL DISABILITY SERVICES BOARD: Karen Morris resigned upon her retirement.
The group is to have at least one local offic/aI as a member. Her unexpired term is through July
1 1998. Applications are attached.
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'S ADVISORY BOARD: Applications are
attached.
ewc
Attachment
COUNTY OF ALBEMARLE
MEMORANDUM
FO:
FROM:
DATE:
RE:
Board of Supervisors
Ella W. Carey, Clerk.
February 26. 1997
Applications for Boards and Commissions (Updated)
Following ~s a list of applications received for vacancies on Boards and Conunissions:
ARCHITECTURAL REVIEW BOARD:
vf~hn R. (Jack) Gobble, II1
~hafles M. Herbek
..F'rederick F. Bainbridge
~l~i'chard Bermmr
.-William H. Boozer, III
~aul J. Grady, Jr.
~;William B. Harvey
~¥1. Douglas Lowe
~4~arolyn A. Noteman
eoffrey Pitts
.-B'ethany Chrlstenson Puopolo
~fenis S. Rooker
PUBLIC RECREATIONAL FACILITIES AUTHORITY:
Robert C. Colley
Dermis L. DeSilvey
Douglas E. Milman
David T. Paulson
Terence Y, Sieg
REGIONAL DISABILITY SERVICES BOARD:
t. Er6nald R. Crosby
t. Norman D, Nettleton
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'S ADVISORY BOARD:
Heinz ~. Adam
Frederidc F. Bainbridge
Richard Bemaan
David W, Cart, Jr.
George W. Carter
James F. Copps
· Nlemo To: Board of Supervisors
Date: February 26, 1997
Page 2
ROUTE 250 WEST CORRIDOR STUDY CITIZEN'S ADVISORY BOARD (continued}:
Susan DuBar
Steve L. Gibson
Thomas J. Goodrich
Paul J. Grady, Jr.
Burnley B. Hayes
Larry W. Hayes
Walter A. Holt
Pat Kennedy
Lisa McEwan
Lolly Norris
Carolyn A_ Noteman
Thomas W. Payne, Jr.
Oliver A. "Trip" Pollard, III
Patricia B. Richmond
Marion G. Rothman
O. Douglas Royals
Ir, mlya S. Spicuzza
Diana H. Striclder
Nancy K. Tilman
Charles Mitchell Toms, Jr.
Susan P. Tufts
Phillip W. Unger
William J. Vlasis
Harvey J. Wilcox
Henry P. "Phil" Williams, III
Marlee Clarke
ewc
ADDENDUM #2 TO AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS ADDENDUM #2 modifies and amends the Agreement for P~zrchase of Real
Estate dated July 20, 1995, and Addendum #I to the Purchase Agreement dated March 15, t996
(collectively the "Purchase Agreement"), by and between HILLCREST LAND TRUST,
Charles William Hurt, Sr; and Shirley L. Fisher, Trustees/HURT INVESTMENT COMPANY,
a Virginia Corporation, of Charlottesville, Virginia (hereinafter referred to as "Hurt"), and the
COUNTY OF ALBEMARLE, VIRGINIA (hereinafter referred to as the "County").
1. Improvements To Connector Road.
(a) This Addendum is entered into by Hurt and the County for the express
purpose of extinguishing all obligations set Forth in the Purchase Agreement relating to the
construction of improvements to the Avon Street/Route 20 Connector Road (the "Connector
Road") to be buik between Avon Street Extended and Route 20 South to serve Monticello High
School and certain adjacent properties, and to extinguish all obligations relating to the
construction of an entrance and related improvements for access to Parcel D except for the
entrance serving the Tandem Friends School ("Tandem").
(b) In consideration for the construction by the County of certain
improvements to the Connector Road as set forth in the Construction Contract between the
County and Kenbridge Construction Co.. Inc. dated November 21, 1996, and as modified by
change order dated March 12, 1997 and attached sketch (collectively the "Construction
Contract"), which are attached hereto and incorporated by reference, and other valuable
consideration as recited herein, Hurt agrees to release the County from any and all further
obligations relating to his rights under the Purchase Agreement relating ro road improvements to
the Connector Road.
(c) Hurt agrees to pay $17,199.00 to the County, which represems the mount
of the change order referenced in Section l(b) above, for the improvements which are solely the
responsibility of Hurt.
(d) Notwithstanding Section l(b~ above, the County agrees to pay $41,600.00
to Hurt, and in consideration of this payment, and other valuable consideration as recited herein,
Hurt agrees to release the County from any and all obligations to construct an entrance and any
related improvements for access to Parcel D as shown on the road design plans, other than the
entrance providing ingress and egress to Tandem as provided in Section 5(c) of the Purchase
Agreement. The parties agree that this payment shall be applied as a credit to the amount owed
by Hurt as described in Section t"(c) above.
(e) The County specifically reserves the right to make future modifications to
the Connector Road design plans in its sole discretion, and to execute future change orders to the
Construction Contract, provided that such modifications or change orders do not substantially
alter the traffic service standards for the Cormector Road or the improvements set forth in the
change order referenced in Section l(b) above. ~
2 Paymem. The County agrees to pay Hurt $24,401.00 on or before~, 1997,
such amount representing the difference between Hurt's obligation to the County as set forth in
Section 1 ~c) and the County~s obligation to Hurt as set forth in Section 1 (d).
3, Approval by Board of Supervisors. Robert W~ Tucker, Jr., County Executive, is
authorized to execute this Addendum pursuant to resolution by the Board of Supervisors of the
County of Albemarle duty adopted on the ~ 7/ day of_ ~/-~ ,1997.
2
4. Effect on Agreement. The parties hereto agree that, except as modified herein, the
Purchase Agreement continues to be valid and in full force and effect, unless the parties hereto
agree otherwise.
Dated:
HILLCREST LAND TRUST,
a Virginia Land Trust ·
Charles William Hurt, ~., Trustee
~Sfzirle/L. ~isher,~-ZFrust;e/ '
Approved as to Form:
fma~County ~ttomey
COMMONWEALTH OF VIRGINIA
CITY/COUNTY O F _/'~/,~,f'~-.-t o -wit:
HURT iNVESTMENT COMPANY,
a Virginia Corporation,
Its: ~ ' -~
COUNTY OF ALBEMARLE, VIRGINIA
~' W. Tucker."~r. k
ounty Executive ~.
The foregoing instrument was acknowledged this,~oC~day of ,/7~'~,-c.~ .1997.
by charles William Hurt, Sr., Trustee, of Hillcrest Land Trust, a Virginia Land Trust, on behalf
/ - ~orary Public
My commission expires:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF,,~z/~e,*,~, to-wit:
The foregoing instrument was acknowledged this~.off'_/eaay of ,/~'~4f' , 1997,
by Shirley L. Fisher, Trustee, of Hillcresr Land Trust, a Virginia Land Trust. on behalf of said
Land Trust.
v~'lotary Public
My commisston expires:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ~/'~//~r~-~--~
, to-wit:
The~ foregoing ins ~mgne, m was acknowledged this,~/'tday of
1997, by ~a,~_~ ~/~/, z/~ ~ , authorized agent of Hurt Investment Company, a Virginia
~otary Public
My commission expires: ~ '-~' -~'7
COMMONWEALTH OF VIRGiNIA
COUNTY OF ALBEMARLE. to-wit:
The foregoing instrttmem was acknowledged this ~ day of
1997. by Robert W. Tucker, Jr., County Executive for the County of Albemakl~, Virginia.
fl4otary Public
My commission expires:
MAT/HURT.AD2
RESOLUTION TO APPROVE
ADDENDUM #2 TO PURCHASE AGREEMENT
FOR MONTICELLO HIGH SCHOOL SITE
WHEREAS, the County of Albemarle acquired property for a high
school site pursuant to an Agreement for Purchase of Real Estate dated July 20, 1995
(hereafter "Purchase Agreement"); and
WHEREAS, the Purchase Agreement set forth certain requirements for
the construction of road improvements: and
WHEREAS, the parties to the Purchase Agreement now desire to
amend certain road improvement requirements: and
WHERF~S, the Board of Supervisors finds the amendments set forth
in the attached Addendum #2 To Agreement for Purchase of Real Estate should be
approved.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby authorizes the County Executive to execute Addendum
#2 To Agreement for Purchase of Real Estate, it being attached hereto and
incorporated herein by reference.
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 byvote of __ to __ onApril ,1997.
MHSPURCH.WPD