Loading...
HomeMy WebLinkAbout1996-02-21 F I N A L Februa=y 21, 1996 7:00 P.M., Room 241, County Office Building 7:00 p.m., Reqular Night Meetinq 1) Call ko Order. 2) Pledge of A~legiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) Consent Agenda (on next sheet). 6) Public Hea~ing on a request to grant an easement uo CFW Communications Company for the construction installation and maintenance of an underground fiber optic network system Eo be located on County-owned property located au 401 McIntire Road, Charlottesville, Virginia 7) ZMA-95-14. Dennis Rooker/Ivy Creek, Inc., Etal Public Hearing on a request uo rezone 215.0 ac from PRD ko RA This is Ivy Creek Subdi- vision. TM59A1.P'S 1-33 & B (open space) Site located in Rural Area 1 is not in a growth area. Samuel Miller Dist. 8) ZM3%~95-19 Mill Creek Industrial Land Trust. Public Hearing on a request to rezone approx 23.6 acs from LI to PI/D {this land is proposed to be added To the existing Mill Creek PUD & designated for industrial & commercial use). Property on N sd of Southern Parkway approx 500 ft W of Rt 742 (Avon St). Site is recommended for Industrial Service in Neighborhood 4 by the Comprehensive Plan. TM76Ml,P's 11,12,13,14,15,17,18&20. Scottsvilte Dist 9) ZMA-95-04. University of Virginia Real Estate Foundation. Public Hearing on a request To rezone approx 300 ac from P~A to PD-IP. Property located S of the North Fork Rivanna River between Rts 29 & 606. TM32,P4B,6,6A&lg. Site is recommended for Industrial Service in the Community of Hollymead by the Comprehensive Plan. Rivanna Dist. Request includes: a) SP-95-40 - Laboratories, medical or pharmaceutical. b) SP-95-41 - Supporting Commercial uses. c) SP-95-42 - Hotel, motel, inn. 10) Amend the Albemarle County Service Authority service area boundaries for public water and sewer to serve the North Fork Business Park. 11) Discussion: Public Defenders' Office Legislation. 12) Approval of Minutes: July 12, Septe~Der 19(A), October 11 iA) and Nove~er 29(A), 1995. i3) Other Matters Not Listed on the Agenda from the BOARD. 14) Adjourn. CONSENT AGENDA FOR APPROVAL= 5.1 SP-95-43 - Claudius Crozet Park, Inc., and resolution to modify certain requirements of Section 5.1.16(a) of the Zoning Ordinance (deferred from February 14, 1995). 5.2 Adopt resolution to take Brandermill Drive and Erandermill Place in Forest Lakes South Subdivision into the State Secondary System of Highways. 5.3 Adop~ resolution to take Quail Run in North Fork Business Park into the State Secondary System of Highways. 5.4 5.5 Approprlaulons: a) Education Grants (Form $95043), $25,506.69. b) Registrar (Form $95057), $17,820. c) Education Grants (Form ~95059), $4,900 Statements of Expenses for the'Department of Finance, Sheriff, Common- wealth's Attorney, Regional Jail and Clerk, Circuit Court, for the month of January, 1996. 5.6 Adopt Resolution of Intent to rezone properties associated with the Peyuon Drive Regional Stormwater Detention Basin. FOR INFOP~MATION: 5.7 Letter dated February 14, 1996, from A. G. Tucker, Resident Engineer, Department of Transportation, inviting the Board to attend a location and design public hearing on the proposed reconstruction of Rio Road (Route 631) from 0.09 miles south of Route 743 to 0.32 miles north of Route 29. 5.8 December, 1995 County Financial Report. 5.9 Copy of Planning Commission minutes for February 6, 1996. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4596 (80~ 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Waiter F. Perkins Sallg H. Thomas TO: FROM: DATE: SUBJECT: Robert W. Tucker. Jr., County Executive V. Wayne Cilimberg, Director, Planning & Community Development Ella W. Carey, ClerkESb.)~--~ February 22, 1996 Board Actions of February 21, 1996 Following is a list of actions taken by the Board of Supervisors at its meeting on February 21, 1996: Agenda Item No. 1. Call to Order. The meeting was called to order at 7:00 p.m., by the Chair, Mrs. Humphtis. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC. There were none. Agenda Item No. 5.1. SP-95-43 - Claudius CrozeI Park, Inc., and resolution Co modify certain requirements of Section 5.1.16(a) of the Zoning Ordinance fdeferred from February 14, 1995). APPROVED SP-95-43 subject to the following conditions: The use of the property shall be limited to the new pool complex, new parking and new walking trails, in addition to the uses which presently exist; Overnight parking shall be permitted only if adequate sanitation facilities are provided to the satisfaction of the Health Department; 3. No site plan shall be approved until adequate parking is provided on the plan; 4. Fencing adjacent to the pool shall provide screening from adjacent residential areas; Printed on recycled paper Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: February 22, 1996 Page 2 The sound from any radio recording device; public address system or other speaker shall be limited to sixty (60) decibels measured at the nearest agricultural or residential property line, except for the period of 10:00 p.m. to 7:00 a.m. during which the aforementioned sound shall be limited to fifty-five (55) decibels; Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the site plan. The Board also ADOPTED the attached resolution allowing modification of the 75 foot setback requirement set forth in Section 5.1.16(a) of the Zoning Ordinance. Agenda Item No. 5.2. Adopt resolution to take Brandermill Drive and Brandermill Place in Forest Lakes South Subdivision into the State Secondary System of Highways. ADOPTED the attached resolution. Original forwarded to Engineering. Agenda Item No. 5.3. Adopt resolution to take Quail Run in North Fork Business Park into the State Secondary System of Highways. ADOPTED the attached resolution. Original forwarded to Engineering. Agenda Item No. 5.4a. Appropriation: Education Grants (Form #95043), $25,506.69. APPROVED. Original signed form forwarded to Melvin Breeden. Agenda Item No. 5.4b. Appropriation: Registrar (Form #95057), $17,820. APPROVED. Original signed form forwarded to Melvin Breeden. Agenda Item No. 5.4c. Education Grants (Form #95059), $4,900. APPROVED. Original signed form forwarded to Melvin Breeden. Agenda Item No. 5.6. Adopt Resolution of Intent to rezone properties associated with the Peyton Drive Regional Stormwarer Detention Basin. ADOPTED the attached Resolution of Intent. Agenda Item No. 6. Public Hearing on a request to pant an easement to CFW Communications Company for the construction, installation and maintenance of an underground fiber optic network system to be located on County-owned property located at 401 Mclntire Road, Charlottesville, Virginia. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: February 22, 1996 Page 3 AUTIrlORIZED the County Executive to sign the Deed of Easement. Attorney. Original forwarded to County Agenda Item No. 7. ZMA-95-14. Dermis Rooker/Ivy Creek, Inc., Etal. Public Hearing on a request to rezone 215.0 ac from PRD to RA. This is Ivy Creek Subdivision. TM59A1,P's 1-33 & B (open space). Site located in Rural Area 1 is not in a growth area. Samuel Miller Dist. DEFERRED until March 6, 1996 to allow all concerned parties to sign the amended proffer #3. Mrs. Thomas made the following motion which is to be worded appropriately for Board action on the consent agenda: "I move for approval of ZMA-95-14 with the three proffers as stated, with the inclusion of the third amended proffer received tonight, and in making that motion, I state it was the Board's assumption in the 1994 rezohing action (ZMA-94-10) that the new private drive would be gated in order to prevent unauthorized access from Ivy Creek Subdivision. I feel this zoning map amendment is a good thing as long as we include this statement about om' assumption regarding the 1994 decision that allowed the driveway to be built. The rezoning is consistent with the Comprehensive Plan, it considerably reduces the density in the watershed and brings the property into conformance with existing Rural Areas zoning." Agenda Item No. 8. ZMA-95-19. Mill Creek Industrial Land Trust. Public Hearing on a request to rezone approx 23.6 acs from LI to PUD (this land is proposed to be added to the existing Mill Creek PUD & designated for industrial & commercial use). Property onN sd of Southern Parkway approx 500 ft W of Rt 742 (Avon St). Site is recommended for Industrial Service in Neighborhood 4 by the Comprehensive Plan. TM76M1,P's 11,12,13,14,15,17,18&20. Scottsville Dist. APPROVED ZMA-95-19 subject to the modification of the floor area limitation as reflected in the following revisions to conditions of ZMA-94-25: Residential, commercial/service and industrial areas with their attendant open space areas, including pedestrian trails, shall be located in general accord with the Application Plan. All roads, with the exception of the potential collector road shall be built to Virginia Department of Transportation standards and placed in the Secondary System at the time of development of the residential areas utilizing those roads. The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date. There shall be no residential entrances onto the collector road, with the exception of public road connection. The possibility that this collector road will be constructed (the extension of the Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: February 22, 1996 Page 4 Southern Parkway) within the reserved area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the collector road in the Mill Creek West portion of this PUD. In the event that this collector road is constructed, the developer or its successors or assigns shall be responsible for the removal of the portion of the Grist Mill Drive median and mm island and the "Mill Creek West" sign proposed within the collector road right-of-way. 4. The maximum number of dwelling units approved under this PUD is 435 dwelling units. For the portion of this PUD identified as "Mill Creek West," lots th~tt include portions of the critical slopes (25 percent or greater slope) associated with the Biscuit Run stream valley shall provide an easement to Albemarle County and the developer or it successors that prohibits disturbance of the natural grade in the portions of the lots on such slopes. Any ma'mtenance responsibilities resulting from disturbance to these slopes shall be incurred by the developer or its successors and not by Albemarle County. 6. For the portion of the PUD identified as "Mill Creek West," minimum yards shall be as follows: Front: 25 feet for lots with frontage on the road shown as "Grist Mill Drive" on the Application Plan; 20 feet for other lots, except that the front yard may be reduced to I0 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall on the enclosed structure parallel to the street between 20 feet and 10 feet from the from line. Side: 7.5 feet. Rear: 20 feet, except in cases in which the rear lot abuts common open space, then the rear yard may be reduced to 10 feet. Special use permit approval is required for establishment of the stream crossing over Biscuit Run indicated on the Application Plan. 8. Gross interior floor area of day care facility not to exceed 6,100 square feet. Agenda Item No. 9. ZMA-95-04. University of Virginia Real Estate Foundation. Public Hearing on a request to rezone approx 300 ac from RA to PD-IP. Property located S of the North Fork Rivauna River between Rts 29 & 606. TM32,P4B,6,6A&19. Site is recommended for Industrial Service in the Community of Hollymead by the Comprehensive Plan. Rivanna Dist. Request includes: a) SP-95-40 - Laboratories, medical or pharmaceutical. b) SP-95-41 - Supporting Commercial uses. c) SP-95-42 - Hotel, motel, inn. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: February 22, 1996 Page 5 CONSENSUS of Board to DEFER ZMA-95-04 until March 6, 1996. Staff is to provide the following information: (1) an analysis of what the County gets from these proffers; (2) a proffer by proffer assessment of what the County can enforce based upon a review of the text of the proffers and the maps attached to the proffers; (3) a comparison of the proffers to what the County can now require under its Subdivision and Site Plan review powers. Directed the County Attorney to consider how a cap on the size of the facility by-right might be developed and implemented. Mr. Perkins felt University officials need to look at what they said they think they will do, i:e., the build- out; and examine the comments made by other people to see if they can incorporate any of those things into the proffers. For example, if this project will have a 20 or 30 year build-out, the University could proffer a certain number of square feet per year and if the square footage is not used in that year, it could carry over to the next year. Mr. Davis indicated that there were two ways to address the cap; one is if the applicants feel there are additional proffers to be made to address the concerns of the Board, they can proffer cap language, and the other alternative would be to defer the application and initiate a zoning text amendment that would apply to this zoning category. The amendment would impose across-the-board limitations on the size of development by- right, He said the most efficient way to do that would be on square footage of development rather than the number of employees. Mr. Marshall offered motion to approve ZMA-95-04. For lack of a second, the motion died. Agenda Item No. 10. Amend the Albemarle County Service Authority service area boundaries for public water and sewer to serve the North Fork Business Park. Rivauna Dist. DEFERRED until March 6, 1996. Agenda Item No. 11. Discussion: Public Defenders' Office Legislation. CONSENSUS of Board to remain neutral on the issue. Staff is to commuuicate to Senator Couric that there was a lot of diSCUSsion by the Board relative to both sides of the issue. The Board felt the investigator made a difference, but this community is different from some others in that there are a large number of qualified attorneys in the area. Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: February 22, 1996 Page 6 Agenda Item No. 13. Other Matters Not Listed on the Agenda from the BOARD. Mr: Perkins asked that the issue regarding site fees for Christworks and Crozet Park be added to the March 6, 1996 agenda for discussion. Mrs. Thomas said the decrease in State revenue due to the County's Composite Index is even more than the original decreased amount. She asked that the County continue its efforts. Mrs. Thomas asked that the Ivy Landfill be discussed on March 6, 1996. I don't know if he meant it, but Mr. Martin suggested putt'rog "Other matters not listed on the agenda from the Board" at the beginning of the meeting. At 10:49 p.m., Mr. Bowerman offered motion, seconded by Mrs. Thomas, to go into Executive Session pursuant to Section 2.1-344(a) of the Code of Virginia under Subsection (7) to consult with legal counsel and staff regarding specific legal matters relating to reversion and under Subsection (I) to discuss a personnel matter relat'mg to a County Authority. Agenda Item No. 14. Adjourn. At 11:05 p.m., the Board reconvened into open session. Mr. Bowerman made motion, seconded by Mrs. Thomas, to certify the Executive Session. The meeting was immediately adjourned. EWC:mms Attachments (8) cc: Richard E. Huff, II Roxaune White Jo Higgins Amelia McCulley Bruc~ Woodzell Larry Davis Richard Wood Jan Sprinkle File RESOLUTION TO WAIVE CERTAIN REQUIREMENTS OF § 5.1.16(a) OF THE ZONING ORDINANCE FOR THE CLAUDIUS CROZET PARK, INC. SITE PLAN WHEREAS, Claudius Crozet Park, Inc. proposes a site plan in accordance with SP-95-43 for a pool and other facilities; and WHEREAS, the Board of Supervisors finds that a modification of the supplementary regulation set forth in § 5.1.16(a) of the Zoning Ordinance which requires a 75 foot setback from the pool facilities to the nearest property line can be granted and still satisfy the purposes of the supplementary regulations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Albemarle County Supervisors hereby modifies the 75 foot setback requirement set forth in § 5.1.16(a) of the Zoning Ordinance for pool facilities proposed for Claudius Crozet Park to allow the setback to be reduced to the nearest property line to the extent approved by the Director of Plmuring during sire plan review. 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 slx to zero on February 21, 1996. Clerk, Board-of County S~sorg' February23,1996 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 David Anhold, President Crozet Park Board 5525 Park Road Crozet, VA 22932 SP-95-43 Claudius Crozet Park, Inc Tax Map 56A2, Section 1, Parcels 72 and 72A LETTER OF CORRECTION Dear Mr. At)hold: The Albemarle County Planning Commission, at its meeting on December 12, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions with the understanding that the only uses being approved are the pool complex and walking trails, in addition to those uses which presently exist: The use of the property shall be limited to the new pool complex, new parMng and new walking trails, in addition to the uses which presently exist; Overnight parking shall be permitted only if adequate sanitation facilities are provided to the satisfaction of the Health Deparmaent; 3. No site plan shall be approved until adequate parking is provided on the plan; 4. Fencing adjacent to the pool shall provide screening from adjacent residential areas; The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line; Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the site plan. Page 2 February 23, 1996 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on January 10, 1996. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, William D. Fritz Senior Planner WDF/jcf cc: 9EIl~aa Carey Amelia McCulley Jo Higgins Claudius Crozet Park, Inc COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 95-43 Claudius Crozet Park, Inc. SUBJECT/PROPOSAL/REOUEST: Approval of SP With Conditions and Resolution to Modify Certain Requirements of Section 5.1.16Ia) of the Zoning Ordinance STAFF CONTACT(Si: Messrs. Tucker. Cilimberg AGENDA DATE: February 21, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACttMIgNTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION.: INFORMATION: BACKGROUND: The Board of Supervisors held public hearing on this SP on February 14, 1996. The Plauning Commission had recommended approval of the SP with six (6) conditions.(attached'} Recommended modification of the setback requirements of Section 5.1.16(a~ of the Zo~dng Ordinance to accommodate an adjustment of the property line that runs through the proposed pool to relocate the property line around the pool. The Board requested staff to provide alternative language for the proposed Condition #5. to Increase the allowable maxiraum decibels at the nearest residential properly line. The Board also requested language allowing the modification. DISCUSSION: In consultation with the Zop2ng Adminigtrator it is recommended that the decibel level be raised to 60 dB. except for the hours of 10:00 p.m. to 7:00 a.m. during which time the maximum decibel reading is recommended to be 55 dB. The County Attorney has developed a resolution (attached) which permits reduction of setback for pool facilities based on that determined to be necessary during site plan review. RECOMMENDATION: Board approval of SP 95-43 with Conditions #1., 2.. 3.. 4. and 6. as recommended by the Planning Commission and an amended Condition #5. which reads, "The sound from any radio recording device, public address system or other speaker shall be limited to 60 dB measured at the nearest agricultural or residential property line, except for the period of 10:00 p.m ro 4:00 a.m. durh~g which the aforementioned sound shall be limited to 55 dB." Board approval of the attached resolution allowing modification of the 75 foot setback requirement set forth in Section 5.1.16(a) of the Zoning Ordinance. cc: David Anhold Amelia McCulley Jo Higgins I:\GENERAL\SHARE\CILIMB\CROZETPK. SUM ~OARD OF $~JPE~V~SOF~S December 18, 1995 COUNTY OF ALBEMARLE Dept. ol Planning & Community Development 401 Mclntire Road Charlottes~ille, Virginia 22902-4596 (804) 296-5823 David Anhold, President Crozet Park Board 5525 Park Road Crozet, VA 22932 RE: SP-95o43 Claudius Crozet Park, Inc Tax Map 56A2, Section 1, Parcels 72 and 72A Dear Mr. Anhold: The Albemarle County Planning Commission, at its meeting on December 12, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please nora that this approval is subject m the following conditions with the understanding that the only uses being approved are the pool complex and walking trails, in addition to those uses which presently exist: Use of the property shall be in general accord with the attached plan titled "Illustrative park master plan" initialed WDF 11/30/95; Overnight parking shall be permitted only if adequate sanitation facilities are provided m the satisfaction of the Health Department; 3, No site plan shall be approved until adequate parking is provided on the plan; 4. Fencing adjacent to the pool shall provide screening from adjacent residential areas; ,- The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line; Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the site plan. Page 2 December 18, 1995 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Janua~_ 10. 1996. Any new or additional information regarding your application must he submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, William D. Fritz Senior Planner WDF/jcf CCi Ella Carey Amelia McCulley Jo Higgins Claudius Crozet Park, Inc 12-12-95 17 Mr. Nitchmann said he understood Ms. Imhofrs motion "is leaving it up to the Board to tighten it down." Mr. Kamptner said: "So condition #1 would be revised so that it expressly states the uses that will be granted by the special use permit. Any other uses would require amendment to the special use permit." Mr. Cilimberg attempted to clarify the intent of the motion as to the exact uses that are envisioned. He asked if "all the uses shown on the schematic plan" were acceptable. Ms. Imhoff replied: "We would not be comfortable with that." Mr. Cilimberg again asked for clarification of the motion. It was ultimately decided the approval was for "the pool and the complex area, walking trails and passive recreation such as picnic areas." No additional playing fields are being approved, other than those which are presently in existence. AMENDED MOTION: Ms. Imhoff moved that SP-95-43 for Claudius Crozet Park, Inc. be recommended to the Board of Supervisors for approval, subject to the following conditions: t2 The'-uS~'df'the i3i:01~brtY'shali be Iirn ted [b the ti~W:pi3(~l i~0~pib×, n~w lS~i'kinD and*'' :' new walking trails, in addition to the uses which presently exist. 2. Overnight parking shall be permitted only if adequate sanitation facilities are provided to the satisfaction of the Health Department. 3. No site plan shall be approved until adequate parking is provided on the plan. 4. Fencing adjacent to the pool shall provide screening from adjacent residential areas. 5. The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line. 6. Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the siteplan. Mr. Jenkins seconded the motion. The motion passed unanimously. ZMA 95-18 Lloyd and Patricia Wood - Petition to rezone approximately 5.5 acres from C-l, Commercial to HC, Highway Commercial. Property, described as Tax Map 61. Parcel 124E (part of), is located on the north side of Rio Road north of and adjacent to the existing Putt-Putt miniature golf course. This site is located in the Rivanna Magisterial District and is recommended for Community Service in Neighborhood 2. December 18, 1995 COUNTY OF ALBEMARLE 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 David Anhold, President Crozet Park Board 5525 Park Road Crozet, VA 22932 RE: SP-95-43 Claudius Crozet Park, Inc Tax Map 56A2, Section 1, Parcels 72 and 72A Dear Mr. Anhold: The Albemarle County Planning Commission, at its meeting on December 12, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions with the understanding that the only uses being approved are the pool complex and walking trails, in addition to those uses which presently exist: Useofthe ro ertt~ eneral~'qJ~/e~aa~a~/ched 1. propeny~jao~roe in generat~Lao6~a wtth th plan titled "Illustrative park ~rinitial~0/95; 2. Overnight parking shall be permitted only if adequate sanitation facilities are provided to the satisfaction of the Health Department; 3. No site plan shall be approved until adequate parking is provided on the plan; 4. Fencing adjacem to the pool shall provide screening from adjacent residential areas; The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line; Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the site plan. Page 2 December 18, 1995 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Janua~_ 10, 1996.. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, / William D. Fritz Senior Planner WDF/jcf cc: ~tla Carey Amelia McCulley Jo Higgins Claudius Crozet Park, Inc STAFF PERSON: WILLIAM D. FRITZ PLANN1NG COMMISSION: DECEMBER 12, 1995 BOARD OF SUPERVISORS: JANUARY 10, 1995 SP 95-43 CLAUDIUS CROZET PARK. INC. Applicant's Proposal: The applicant is proposing to improve the facilities located at the Claudius Crozet Park. These improvements include but are not limited to: new pool, parking, walking trails and play fields. The applicant has submitted plans showing the existing improvements and proposed improvements which are included as Attachment C. Staff has reviewed this request as a Community Center which is permitted by special use permit in accord with Section 10.2.2(1). This facility receives some funding fxom the County and has a recorded agreement with the County which limits the use of the property to recreational and public purposes. The existing use is non-conforming. Petition: Petition to allow relocation of the existing pool and construction of additional recreational facilities on 22.4 acres zoned RA, Rural Areas. Property, described as Tax Map 56A2, Section 1, Parcels 72 and 72A, is known as Claudius Crozet Park. This site is located in the White Hall Magisterial District and is recommended for public/semi-public use in the Community of Crozet. Character of thc Area: This site is currently developed with recreation facilities and is used as a park. Residential development is located in the area. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval. piannine and Zoning History_: The existing pool is 36 years old. No other history is available. Comprehensive Plan: This area is identified as public/semi-public use in the Community of Crozet. The existing and proposed uses are consistent with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue ail special use permits permitted hereunder. Special use ~)ermits for uses as provided in this ordinance may be issued unon a finding bv the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The site has been used for public purposes for a number of years and approval of this request does not represent the introduction of a new use into the area~ Complaints regarding activities at the site have been received. The complaints have been due to special events and not the normal operation of the site. These complaints trove been investigated by the Zoning Department and the proposed conditions of approval are intended in part to address the complaints which have been received. Staff opinion is that the construction of additional facilities at the site will not be of substantial detriment to adjacent property and the conditions of approval for this special use permit will help m correct past problems. that the character of the district will not be changed thereby, This request does not represent the introduction ora new use into the area and, therefore, does not change the character of the district. and that such use will be in harmony with the ~umose and intent of this ordinance. Staff has reviewed the purpose and intent of the Ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff opinion is that this use is consistent with the Ordinance as it provides for additional recreational activities in the Crozet Community which is consistent with Section 1.4.4. with the uses permitted by right in the district, Approval of this request will not affect permitted by-right uses on adjacent property. with additional re_inflations provided in Section 5.0 of this ordinance, Section 5.0 contains regulations for Community Centers (5.1.4). These regulations are attached. This facility has received some public funding and staff opinion is that the review of the Board of Supervisors to authorize funding is sufficient to address the issues of Section 5.1.4. Staffopinion is that the regulations of Section 5.1.16 are also applicable. This provision regulates swimming, golf and tennis clubs, The proposed development of the site meets the Setback requirements of this section. Conditions of approval are proposed to address other provisions of Section 5.1.16. This proposal is consistent with the re~,~lations of Section 5.0. While the proposed development does address the provisions of Sections°l.16, staff notes that the proposed pool is closer to residential areas than the existing pool. A play field is also proposed on an undeveloped area adjacent to residential property. and with the public health, safety_ and general welfare. Staff has included conditions requiring Health Department approval and improvement of the entrance to this facility. With these conditions staffopinion is that the public health, safety and general welfare is protected. SUMMARY: Staff'has identified the following factors which are favorable to this request: Approval of this request allows for improved recreational opportunities in Crozet in a location which is: (1) consistent with the purpose and intent of the ordinance; and (2) consistent with the Comprehensive Plan Land use for Crozet; 2. The proposed activity is ~n accord with the supplemental regulations of Section 5.0; 3. Approval of this request will bring a non-conforming use into conformity and establish reasonable conditions to address past concerns. Staff has not identified any unfavorable factors for this request. RECOMMENDED ACTION: Staff opinion is that this request is in compliance with the provisions of Section 31.2.4.1 and recommends approval subject to the following conditions: RECOMMEND CONDITIONS OF APPROVAL: 1. Use of the property shall be in general accord with the attached plan titled "Illustrative park master plan" initialed WDF 11/30/95; 2. Overnight parking shhll be permitted only if adequate sanitation facilities are provided to the satisfaction of the Health Department; 3. No site plan shall be apprOved until adequate parking is provided on the plan; 4. Fencing adjacent to the pool shall provide screening from adjacent residential areas; 5. The sound from any radio, record'mg device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line; 6. Improvements to the entrance in accord with the recommendations of VDOT shall be indicated on the site plan. ATTACHMENTS: A - Location Map B - Tax Map C - Sketch Plans D - Sections 5.1.4 and 5.1.16 E - VDOT Commems ASSP9543 .RPT SP-95-43 CLAUDIUS CROZET PARK, IN TO RT. 15~ / CASTLE TOP TOM MOUNTAIN O ALBEMARLE COUNTY ATTACH 1'4ENT B I ./ SP-95-43 CLAUDIUS CROZET PARK, INC. WHITE HALL DISTRI(;T GROZET INSERT SECTION 56A(2) · - :~. Little League Main Buiidln Basketball / ' " Courts · Playground ':". ': -... · Claudius Crozet ..... Park I ii'~nic Shclters ' ' : ".-' ,:..._. · . . .,. ' Pool Complex , ~ "~- t".. ' ' Main Entrance Ex/sting park facilities /~-~-W~odlands----~ .." Field ' ' Baseball Concessions Park Road llorseshoe - P~ts Basketball/ Tennis Courts Walking ~hitheater .: Main luildin: Wailln', Pool 25M Soccer/ vla~ Fields Little League Field Picnic Shelters Parking .- - Kid's Cagt£i Pond Pavilion Entry Road Improvements 0' 50' I00' 150' Illustrative park master plan I ATTACHMENT D I 5.1.16 5.1.17 SWIMMING, GOLF, TENNIS CLUBS ae The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at Least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erecte~ or planted, so as to screen effectively said pool from view from the neares= proper=y in such residential district; The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line; The board of supervisors may, for the protection of the health, safety, morals and general welfare of the communi=y, require such additional conditions as it deems necessary, including but not limited =o provi- sions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. TOURIST LODGING The zoning administra=or may issue a permit for such use for a period not exceeding five (5) years and renewable for five (5) year periods thereafter, provided that: Approval for such Albemarle County shall thereafter tlon; use has been obtained from the fire official. The fire official inspect the premises at his discre- Approval of permit has been obtained from the Bureau of Tourist Establishment Sanitation of the Virginia Department of Health. -66- 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 IATTACHMENT D~ CLUBS, LODGES Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. Noise generated from such activity shall not exceed forty (40) decibels at the nearest agricultural or residential property line. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. COMMERCIAL STABLE Riding rings and other riding surfaces shall be covered and maintained with a material such as pine bark to minimize dust and erosion; Fencing and other methods of animal confinement shall be maintained at all times. COMMUNITY CENTER Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall be mindful that such use is appropriate to villages, communities and the urban area of the comprehensive plan. DAY CAMP, BOARDING CAMP Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle County fire official approval whether or not a site development plan is required; Ail such uses shall Virginia-Department ment Sanitation and conform to the requirements of the of Health Bureau of Tourist Establish- other applicable requirements. DAY CARE, NURSERY FACILITY No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expira- tion, suspension, or revocation within three (3) days of such even~. Failure to do so shall be deemed wilful noncompliance with the provisions of this ordinance; -60- DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGINIA; ' DEPARTMENT OF TRANSPORTATION P. O. 80X 2013 CHARLOTTESVILLE 22902-2013 November 27, 1995 1995 A. G. TUCKER RESIDENT ENGINEER Mr. Ron Keeler Dept. of Planning & Community Development County Office Bldg. 401 McInttre Road Charlottesville, VA. 229G2 Submittals for December Public Hearings Dear Mr. Keeler: Please find listed below our comments for the December submittals. SP~95~43 ~Ctaudlu~zet park~.-~i~C~J/~oute 1204 .~:~ The existing entrance on Park Road should be improved to meet commercial entrance standards. The entrance meets sight distance requirements, but could be enhanced by cutting two (2) 8" pine trees to the immediate west of the existing entrance. ZMA-95-18 Lloyd & Patricia Wood, Route 631 The proposed usage would appear to be less than could be developed. There is a signal proposed for Rio Road intersection, therefore a signal warrant analysis should be performed to determine need for installation of signal. If warranted, signal plans need to be developed for review. ZMA-95-19 Mill Creek Industrial Land Trust. Route 1165 The rezoning from light industrial to PUD is not significantly different in regard to trip generation. However, commercial uses can generate many more trips. The commercial use of this land may be a very gray area at this time, therefore we recommend that the four-lane cross-section of Southern Parkway be extended to the west of Stoney Ridge Road. As a minimum, a right turn lane should be provided from existing alignment. TRANSPORTATION FOR THE 21ST CENTURY i ATTACHMENT E I JPage 21 Mr. Ron Keeler December Submittals Page 2 November 27, 1995 ZHA-95-20 C. Ray Beard, Route 1511 This agreemenE should not have major impact to area The road should be completed to the St. Ives Road. Curb and gutter, typical section, with a ~ul-de-sac. SP-95-38 Ruth & Russell Shifflett. Route 810 The structure should be built so it will not impac~ Route 810 by directing waser into roadway. An allowance should be made for blocka~e at the bridge that will direct water around structure and back into the etreambed so as no5 to impact roadway. Y.~W..M,s truly, ills Assistant Resident Engineer H~M / 1 d~] cc: Wanda Moore COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesuille, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 January 16, 1996 Charles $. Martin Walter F. Perkins Sally H. Thomas Mr. David Anhotd, President Crozet Park Board 5525 Park Road Crozet, VA 22932 RE: SP-95-43 - Claudius Crozet Park, Inc. Dear Mr. Anhold: This letter is to notify you that, due to inclement weather, your above- referenced petition, has been scheduled for public hearing as follows: ALBEMARLE COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 1996 This meeting will be held at 7:00 p.m., Meeting Room ~241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. If you should have any questions, please do not hesitate to contact ms. EWC:mms cc: William D~ Fritz V~ Wayne Cilimberg Claudius Crozet Park, E l~a W. C~rey/, CI~cMc Printed on recycled paper David P. Bowerman Charlotte Y. Humphris Formst IR. Marshall, ,Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virsdnia 22902-4596 f8041 296-5843 FAX '804) 296-5800 January 16, 1996 Charles $. Martin Walter F. Perkins SaliF H. Thomas EABER, GOLDIE F OR PATTIE L CARPENTER, MAI~THA A & REGINA CLAIRE CLARK BROADCASTING COMPANY CLOWATER, RUTH A CONLEY. REBECCA W CRICKENBERGER, EVERETT C OR DAILY, RICI~n-RD B TRS FITZGERALD, FRkNKLIK JR & PEGGY W GRAVES, LADYS M jARMAN, JO~IN & CORNELIA JOHNSON, JAMES & PEGGY KENT, THOMAS p & VIRGINIA W LAMB, THURMAN C & KATHLEEN W MORRIS, WALTER OR JOYCE NELSON, JESSICA PEMBROKE, EDITH SANDRIDGE, WILLIAM D & DAISY H SNEAD. WILLIAM A OR MICHELLE WADE, JIM PAGE WAI~KER, ALBERT G OR M3L~GA/{ET L WASHINGTON, EMMETT LESTER & WOLFE, IVA B RE: 8P-95-43 - Claudius Crozet Park, Inc. Dear Sir or Madam: This letter is to notify you as an adjacenE property owner of the above- referenced petition described as follows: e SP 95-43 Claudius Crozet Park, Inc - Petition to relocate the existing pool and construct additional recreational facilities on 22.4 acres zoned RA, Rural Areas [10.2.2(1)]. Property, described as Tax Map 56A2, Section 1, Parcels 72 and 72A, is known as Claudius Crozet Park. This site is located in the White Hall Magisterial District and is recommended for public/semi-public use in the Co=~unity of Crozet. Due uo inclement weather, as follows: this petition has been rescheduled for public hearing ALBEMARLE COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 14, 1996 This meeting will be held au 7:00 p.m., Meeting Room ~241, Second Floor, County Office Building, 401 McIntlre Road, Charlottesville, V±rginma. Should you wish Printed on recycled paper Adjacen~ Owners - Crozet Park January 16, 1996 Page 2 to attend these meetings, you may call this office during the week of the meetin9 co ask the tentative time the item is scheduled on the agenda. You may review the file in the Planning Department, at the address above. If you should have any questions, please do hoe hesitate uo conEac~ me EWC:mms Sincerely, ~ Carey, Cl~er CMC AFFIDAVIT DATE - JAIqUAEY 16, 1996 I, Ella W. Carey, hereby certify that the attached notice(s) above date to all persons listed on said notice. was sen5 on the Given under my hand in the County of Albemarle, State of Virginia this 16th day of January, 1996.~~/~~-~%--3 ~o~f~-ry Public My cemmlsslon expires FILE: SP-95-43 - CLAUDIUS CROZET PARK, INCORPORATED David P. Boatman Charlotte Y. Humphri~ Forrest R, MmshalL Jr, COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22909-4596 (804~, 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martm Walter F. Perkins Sall~ lq. Thomas TO: FROM: DATE: SUBJECT: Mark B. Henry, Civil Engineer II Engineering Departmem Ella W, Carey, Clerk February 22, 1996 Road Resolutions At its meeting on February 21, 1996, the Board of Supervisors adopted the following resolutions: (1) Resolution to take Brandermill Drive and Brandermill Place in Forest Lakes South Subdivision into the State Secondary System of Highways. (2) Resolution to take Quail Run in North Fork Business Park into the State Secondary System of Highways. Attached are the original and four copies of the adopted resolutions. /EWC Attaclmaems (8) Printed on recycled paper The Board of County Supervisors of Albemarle County, ia, in regular meeting on the 21st day of February, 1996, the following resolution: Virgin- adopted RESOLUTION WHEREAS, the streets in Forest Lakes South Subdivision described on the attached Additions Form SR-5(A) dated February 15, 1996, fully incorporated herein by reference? are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Forest Lakes South Subdivision as described on the attached Additions Form SR-5(A) dated February 15, 1996, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mr. Bowerman. Yeas: Mrs. Humphris, Mr. Marshall, Mr. Mrs. Thomas and Mr. Bowerman. Nays: None. Martin, Mr. Perkins, A Copy Teste: CMC The roads described on Additions Form SR-5(A) are: 1) Brandermill Drive from Station 0+00, right edge of pavement of Ashwood Blvd., 295.30 lineal feet to Sta- tion 2+95.30, left edge of pavement of Brandermill Place, as recorded 7/22/93 in Deed Book 1327, pages 509-518, in the office of the Clerk of the Circuit Court of Albemarle County, 'showing a 50 foot right-of- way, for a length 0.06 mile. 2) Brandermill Place from Station -0+45, cul-de-sac edge of pavement, 690 lineal feet, to Station 6+45 cul-de- sac edge of pavement, as recorded 7/22/93 in Deed Book 1327, pages 509-518, in the office of the Clerk of the Circuit Court of Albemarle County, showing a 50 foot right-of-way, for a length of 0.13 mile. Additional plats recorded 1/10/94 in Deed Book 1375, page 34, and 1/31/94 in Deed Book 1379, page 635. Total - 0.18 mile COUNTY OF ALBEMARLE MEMORANDUM ,.,(. ~RD OF SUP~.RV SO~ TO: FROM: DATE: RE: Ella Carey, Clerk, Board of Supervisors Mark B. Henry, Civil Engineer II ~q February 15, 1996 Forest Lakes South Subdivision, Brandermill (SUB-92-087) The roads serving the referenced subdivision are substantially complete and ready for VDOT acceptance. At the next opportunity, I request the Board of Supervisors to adopt a resolution forthe roads specifiedin the attached VDOTSR-5(A) form. Afterthe resolution has been adopted, p/ease date and sign the SR-5(A) and provide me with the o/fginal and four copies. Thanks for your assistance. Please contact me if you have any questions. MBH/ctj Attachment COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296~5843 FAX ('804) 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkins Sally H. Thomas TO: FROM: DATE: SUBJECT: Melvin Breeden, Director of Finance Ella W. Carey, Clerk February 22, 1996 Appropriation Requests At its meeting on February 21, 1996, the Board of Supervisors took the tbllowing actions: Agenda Item No. 5.4~r Appropriation: Education Grants (Form #95043), $25,506.69. APPROVED. APPROVED. Attached is the signed appropriation form. Agenda Item No. 5.4b. Appropriation: Registrar (Form #95057), $17,820, APPROVED. Attached is the signed appropriation form. Agenda Item No. 5.4c. Education Grants (Form #95059), $4,900. APPROVED. Attached is the signed appropriation form. EWC:mms Attachments (3) cc: Richard E. Huff, II Roxarme White Kevin Castner James Heilman File Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation- Regimrar SUBgE CT/PROPOSALrRE OUEST: Request approval of appropriation #95057 in the amount of $17,820 for additional funding for the Republican prmm~. STA~'T CONTACT(S): Messrs. Tucker, Huff, Heilman AGENDA DATE: February 21, 1996 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: REVIEWED BY: DISL-'USSION: Due to the decision that a Republican Primary will be held on June 11, 1996 reqmrmg a special election, the County Registrar has requested additional funding in the amount of $17,820. ~he maj ori~ of this expense ($14,765) is related to the payment of election officials and printing of ballots. RECOMM]gNDATION: Staff recommends approval of the additional flmdiag in the amount of $17,820 as detailed on Appropriation #95057. 95057.WPD APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95057 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GENERAL PURPOSE OF APPROPRIATION: ADDITIONAL FUNDING FOR REGISTP~AR FOR REPUBLICAN PRIMARY. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100013020120000 1100013020130000 1100013020210000 1100013020312510 1100013020350000 1100013020360000 1100013020390000 1100013020520100 1100013020520300 1100013020540200 1100013020550100 1100013020600100 1100013020601700 OVERTIME WAGES PARTTIME WAGES FICA ELECTION OFFICIALS PRINTING & BINDING ADVERTIZING PURCHASED SERVICES POSTAL TELEPHONE LEASE/RENT TRAVEL-MILEAGE OFFICE SUPPLIES COMPY SUPPLIES $520.00 525.00 80.00 10,620.00 250.00 100.00 4,145.00 100.00 1,100.00 140.00 140.00 50.00 50.00 TOTAL $17,820.00 REVENUE DESCRIPTION AMOUNT 2100051000510100 FUND BALANCE $17,820.00 TOTAL $17,820.00 REQUESTING COST CENTER: REGISTRAR APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE 01/31/96 cou w ALS Am] EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Education Grants SUB,YECTfPROPOSAL/RE 0UE ST: Request approval of approprintion #95043 in the amount of g25,506.69 for several Education related grants. STAFF CONTACT(S): Messrs. Tueker, Huff, Casmer, Breeden AGENDA DATE: Febma~ 21, 1996 ACTION: CONSENT AGENDA: ACTION: X , ATFACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: BACKGROUND: At its meeting on November 13, 1995, the School Board approved the following appropriation requests. DISCUSSION: · Re-appropriation of thc G.E. Extra Curricular and Science Grant. Thc G.E. Extra Curricular and Science Grant had a fired balance of $17,501.55 at the end of the 1994-95 fiscal year The funds will be used to dekay the cost of the Middl,e SchoolExtra Currinular Science Program. This program brings teaches, parents, students, and G.E. engineers together to pursue an integrated science experiment and proj eot. The program takes place in the late winter and early spring. Re-appropriation of the Early Childhood Grant for Brownswille Elementary Sohool. The Early Childhood Grant had a fund balance of $1,522.84 attheendofthe 1994-95 fiscal year. The Early Childhood program provides for the deveIopment and maplementation of both a fully artictflated K-3 instructional program and three support components which appear vital for effective early childhood education. These funds will be used to provide iustmetional materials. Re-appropriatien of the Sign Language/Speech Mini-Grant. On January 9, 1995 the Board approved a Sign Language/Speech Mini- Grant f~omthe State Department of Edueation for $1;908.00. This grant was not fully expanded in the 1994-95 fiscal year and has a grant balance of $1,482.30. The rerusining funds will be used to increase school-based interpreting skills of our interpreters through course work provided by commlmity colleges and Emersion Week at the Virginia School for the Deaf and Blind. The aptaopdation of the Regional Literacy Coordinating Committee Stipend in the amount of $ 5,000.00. The mission of the Literacy Committee is to assist in the creation of a more literate region and to facilitate the development, implementation and maintenance of the VirginiaAdultLearning System in each lueality within the region. SusanEmo, Albamarle Count~/sRegionalAdultEducation Speciali~ has been appointed as lead agant for the Regional Literacy Coorctinating Committee, The Lead Agent will convene and chair all meetings of the committee, facilitate the establishment goals, objectives, and strategies relative to Mentified local needs. RECOMMENDATION: Staff recommends approval of the appropriations as detailed on appropriation #95043. 950431.WPD 96.023 APPROPRIATION REQUEST FISCAL YEAR 95/96 NLIMBER 95043 TYPE OF APPROPRIATION ADDITIONAL TRANSFER X NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GRANT PURPOSE OF APPROPRIATION: FUNDING FOR G. E. EXTRACURRICULAR & SCIENCE GRANT, EARLY CHILDHOOD GRANT SIGN LANGUAGE GRANT AND REGIONAL LITERACY COMMITTEE GRANT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1320661311601300 G.E. GRANT INST/REC SUPPLIES $14,501.55 1320661311580000 G.E. GRANT MISC. EXPENSES 3,000.00 1311260202601300 EARLY CHILDHOOD INST/REC SUPPLIES 1,522.84 1310463366580500 SIGN LANGUAGE STAFF DEVELOPMENT 1,482.30 1311563326160200 REG. LITERACY STIPEND 1311563326210000 REG. LITERACY FICA 1311563326600000 REG. LITERACY MAT'L & SUPPLIES 3,000.00 23~.00 1~770.00 TOTAL $25,506.69 REVENUE DESCRIPTION AMOUNT 2320651000510100 2311251000510100 2310424000240276 2310451000510100 23115240002402~1 G.E. GRANT FUND BALANCE EARLY CHILDHOOD FUND BALANCE SIGN LANGUAGE GRANT REVENUE SIGN LANGUAGE F/B REG. LITERACY GRANT REVENUE TOTAL $17,501.55 1,522.84 1,908.00 (425.70) 5,000.00 $25,506.69 REQUESTING'COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Education Grants SUBJECT/PROP OSAL/REQUEST: Request approval of appropriation g95059 in the amount of $4,900 for several Teacher Ineuntive Grants and VEA Restructuring Award. STAFF CONTACT(S): Messrs. Tucker, Castner, Breedan AGENDA DATE: February 21, 1996 ACTION-: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ]TEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: At its meeting on January 22, 1996, the School Board approved the following appropriation requests, DISCUSSION: · Appropriation of a VEA Restructuring Grant for Scottsville Elemantsry School in the mount of $1,000. In the fall of 1994, Scottsville began restructuring the Student Behavior Plan by developing an External Time Out Plan. The object of the plan is to provide an orderly, safe and distracfiun-f~ee enviromueat where sVadent learning and teacher productivity are valued. This grant enables Scottsville to improve the Extc~:nal Time Out Plan this school year by installing an effective 2-way communication system in the school in the forms of telephones. They ~ce needed to maximize the continuing efforts to provide the least mount of distraction in the learning environment. ApprolxiafioaofTeacher Incentive Grants in the amount of $3,900.00. Tl~e Virginia Commission for the Arts haa awarded Teacher Incentive Grants in the amount of $300 each to eight teachers at Stony Point, four teachers at Woodbrook and one teacher at Bmadus Wood Elementary Schools. The Teacher Incentive Grant Program has been established to help strengthen the quality of education in and through the arts in elementary and seconda~ schools, to explore new opportunities for creativity in the classroen~ and to encourage innovative projects which integrate the arts into non-arts cun'icula. RECOMMENDATION: Stsffrecommends approval of'the requests aa detailed on appropriation #95059 in the mount of $4,900 95059.WPD 96.022 FISCAL YEAR 95/96 TYPE OF APPROPRIATION ADVERTISEMENT REQUIRED ? FUND PURPOSE OF APPROPRIATION: TEACHER INCENTIVE GRANTS EXPEND ITURE COST CENTER/CATEGORY APPROPRIATION REQUEST NUMBER ADDITIONAL TRANSFER NEW YES NO GRANTS FOR VARIOUS SCHOOLS DESCRIPTION 95059 X X AND VEA RESTRUCTURING AWARD AMOUNT 1311860201601300 131L960211S01300 1312065212601300 1312160209580000 BROADUS WOOD-EDUCATIONAL SUPPLIES STONY POINT EDUCATIONAL SUPPLIES WOODBROOK-EDUCATIONAL SUPPLIES VEA-MISC. MATERIALS $300.00 2,400.00 1,200.00 1,000.00 TOTAL $4,900.00 REVENUE DESCRIPTION AMOUNT 2311824000240291 2311924000240287 2312024000240288 2312124000240286 BROADUS W005-96 TIG STONY POINT-96 TIG WOODBROOK-96 TIG SCOTTSVILLE-96 TIG $300.00 2,~00.00 1,200.00 !,000.00 TOTAL $4,900.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS EDUCATION S I GNATURE DATE 02/09/96 TO: STATE COMPENSATION BOARD FOR: ~ONTH OF JANUARY, 1996 STATEMENT OF EXPENSES DEPARTMENT COUNTY STATE TOTAL SHARE SHARE Department of Finance - 0 - - 0 - - 0 - Sheriff -0- 1,494.24 1,494.24 Commonweal th' s Attorney -0- 499.17 499.17 Regional Jail -0- -0- Clerk, Circuit Court -0- 2,370.30 2,370.30 NOTE: Expenses listed above are only those office expenses in which the State Compensation Board has agreed to participate, and are not the total office expenses of these departments. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlot~esville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkins Sails H. Thomas TO: FROM: DATE: SUBJECT: Jack Kelsey, Chief of Engineer Department of Engineering Ella W. Carey, Clerk ~ February 22, 1996 Peyton Drive Regional Stormwater Detention Basin Resolution of Intent At its meeting on February 21, 1996, the Board of Supervisors adopted the attached Resolution of Intent to rezone properties associated with the Peyton Drive Regional Storm- water Detention Basin, adjacent to Commonwealth Drive, Peyton Drive and Greenbrier Drive. /EWC Attachment Printed on recycled paper RESOLUTION OF INTENT BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, for the purposes of public necessity, convenience, general welfare and good zoning practices, does hereby state its intent to amend the Albemarle County Zoning Map to change the zoning district designation for certani pamels of land adjacent to the southern side of Commonwealth Drive, Peyton Drive, and Greenbrier Drive. These changes are necessary due to the subdivision for the Peyton Drive Regional Stormwarer Detention Basin which divided parcels by zoning districts. The subdivision divided a residential zoning district, thereby creating a parcel of R15 zoning that was added to two parcels zoned C1, Commercial. The subdivision also divided a commercial district, thereby creating a parcel of C1 zoning that was added to a parcel zoned Rt5, Residential. This amendment will rezone those parcels so that the effected parcels will not be split by zoning districts. Parts of Parcels ~03-3A, 034, 03-5, and 03~6A on Tax Map 61W will be considered as follows: 1~ TMP 61W-03-4: Residue from Parcel 5 of 14075 sq. ft. (shown on a B. Aubrey Huffman plat, dated 20 February 1995), zoned Ci, shall be added to Parcel 4, zoned R15. The area is proposed to be rezoned to R15. [TMP61W-03-5 to TMP61W-03-4] 2. TMP61W-03-5: Parcel X of 15666 sq. ft., zoned R15, shall be added to Parcel Y of 12083 sq. ft. and Parcel Z of 9984 sq. ft., both zoned C1, to create a new Parcel 5 (shown on a B. Aubrey Huffman plat, 20 February 1995). This area is proposed to be rezoned ro Cl. [TMP61W-03-3A to 5] I, Etla W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution of intent unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on February 21, 1996. CT~r~, Board of Co~unty ~peyvisors m ~ EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Intent to Rezone properties associated with the Peyton Drive Regional Stormwater Detention Basin, adjacent m Commonwealth Drive, Peyton Drive, and Greenbrier Drive. SUBJECT/PROPOSAL/REQUEST: Properties to be rezoned arc four small parcels with either residential or commercial zoning. These parcels are the result of the subdivision to create the Peyton Basin parcel. STAFF CONTACT(S): Messrs. Tucker, CilLmbcrg, & Kelsey AGENDA DATE: ITEM NUMBER: February 21, 1996 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUNI~: The Peyto~ Drive Detention Basin (DIP 934)02) is a Couaty drain%~e improvement project that will create a regional stonnwater detention bssinwit&i~ an existing large ravine. The con~mefion co~t was funded fl~ough the eapital improvements program seversl years ago. Itwffi provide regional ~a~mwater l~lnagement for existillg and future development, as well as relief to dowaslream prope~es from flooding and erosio~ The afljace~t property owners are coaveying the land for the basi~ at no charge to the Cotmty, The laud is be;~g conveyed in lieu of omite detention and to satisfy the prorata share cc~ribufion requirement fo~ regional basins. Plats aud deeds that convey this property to the County of Albemarle, have be~m approved and are ready for signature. IH~CU55ION: The Basinparcelwas created by combining parcels X, Y & Z subdivided from the three adjacent parcels (see attached plat). Adjacent Parcel 3A is fully developed and zoned R1 $ - Residential. Parcels 5 8: 6A are undeveloped and are both zoned C 1 - Commea-eial. As a resul[ the Basi~ ~ ~ z~min~ district~ Rezoning lhe Basin parcel to C1 - Commercial will provide a ~mlfOllll zomlng of this property and remove the redd~tial zone setback requirement for the narrow, umleveloped eomme~ial property a~acent to Greenbrier Drive (se~ atta&~l plat, Parcel 6A). Such a setback requireanem, inte~defl to buffer adjacent residential areas from commercial developme~ would not be necessary since the Basin parcel wffi provide the buffer. As a result of this subdivision, the small Parcel 5 Residue (zoned C 1 - Commercial) will be combined with the larger Pared 4 (zoned R1S - Residentiab. Rezon~ag lhe Parcel 5 Residue, to R15 - Residential, will eliminate ~ zo~g dislrict dia~iskms withiu the new combined Parcel 4. This ea~fire area is designated in the Comprehensive Plan for Community Service, within which the referenced zoning (R- 15 and C- 1 ) allows for acceptable uses. The zoning boundaries, as they exist, will provide no public bea~efit with tho creation of tho new Basin parcel. Instead, they will hln&r logicaldevelopmeat of the adjacent tmdeveloped parcels. Rather thaa waiting for individual requests, as each adjacent parcel is developed, it is justifiable that the County tmdertake this rezoning as one procedure. RECOMMEN])ATION: Adopt the atlached Resolution of Intent. PEYTNEXE.SUM 96.026 P,.~SOLUTION OF INTI:i. NT BE IT RESOLVED by ~e Board c~ Saperviso~ o~ Albemarle Cram'b/, Vlrglaia, ~or ~he o~ p~hc necessi~, con~ffience, g~e~ ~e ~d good zo-~n~ pracHces, does hereby s~ i~s ~ to ~end ~ ~e~e Co~ Zoning Map to c~ge ~e zo-~g d~ designa~on ~or ce~ p~cek of 1~ ~jacen~ to ~e son'em side of Co~onwed~ D~, Pe~on D~, ~d ~ee~fier D~. ~ese ch~-ges m ~cess~ due ~ ~ ~d~on for ~e Pe~on D~ve ~glo~ Stomwa~er De~enUon B~ w~ck di~ded p~cek by zo, lng ~c~. ~e s~di~ion di~ded residential z~-g d~ct, ~eby crea~g a p~cd of R15 zo~ ~t w~ ~ded ~ ~o z~ad C1, Commerce. ~e ~ion &o di~ a co~erc~ ~, ~ereby crea~ a of C1 zo-~-g ~t ~ ~ded ~ a p~cd zoned ~5, ~iden~. ~ men~en~ ~ rezone p~ce~ so ~at ~e effected p~ceh ~ not be sph~ by ~g ~c~. Parts of Parcels 03-3A~ 03-4, 03-5, and 03-6A on Tax Map 61W will be considered as follows: 1. TMP 61W-03-4: Residue from Parcel 5 o~ 14075 sq. ft. (shown on a B. Aubrey H,~f£.~m plat, da~t 20 February 1995), zoned el, shall be added to Parcel 4, zoned R15. The area is proposed to be zezoned to R15. [TMP61W-03-5 to TMP61W-03-4] 2. TMP61W-03-5: Parcel X of 15666 sq. ft., zoned R15, ~hall be added to Parcel Y of 12083 sq. ft. and Parcel Z of 9984 sq. ft., botk zoned C1, to create a new Parcel 5 (shown on a B. Aubrey H~,ff~n plat, 20 February 1995). This area is proposed to be rezoned to C1. [TMP61W-03- 3A to 51 DAVID R. GEHR COMMISStONER COMMONWEALTH DEPARTMENTOFTRANSPORTATION 701VDOTWAY CHARLOTTESVILLE, VA.~-~11 Febmaryl4, 1996 Location & Design Public Hearing Route 631 Project 0631-002-185,C501 Albemarle County Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, Va. 22902 Dear Board Members: This is to advise you of and invite you to attend a location and design public hearing on Route 631. The hearing will be held on Thursday March 14, 1996 between the hours of 4:30 p.m and 8:00 p.m_ at Jack Jonett Middle School. VDOT representatives will be present to review information related to the location and design of Route 631 (Rio Road) from 0.09 miles south of Route 743 and 0.32 miles north of Route 29. The purpose of the hearing will be to receive comments and suggestions to aid in the location and design of the proposed improvements to Rio Road Sincerely, Resident Engineer ggu TRANSPORTATION FOR THE 2 $ ST CENTURY RIO ROAD/ROUTE 631 Albemarle County Location and Design Public Hearing Hearine: Thursday,~ 14, 1996 * Anytin~bct~4:30pm and 8:00pm To be held in the Jack Jouctt Middle School located at 2065 Lambs Road (Route 657) in Albemarle County. Puroose: To provide you un opportunity, in an open forum, to review and disenss preliminary plans for the proposed reconstruction of Rio Road (Route 631) from 0.09 mile south of the intersection of Hydraulic Road (Route 743) to 0.32 mile north of the intersection of Seminole Trail (Route 29) in Albemarle County. Review: Maps, drawings and other data pertaining to the project will be available in the Culpeper District office located at 1601 Orange Road (Route 15 Business) in the Town of Calpeper and at the Charlottesville Residency office located on Route 250 three miles east ofthe City of Charlottesville. Written Statements: Oral statements will be taken at the hearing. Written statements and other exhibits relative to the proposed project may also be submitted at the public hearing or to the Depamnent at any thrte within 10 days after the hearing. Right of Way: Relocation assistance, right of way acquisition, together with tentative schedules and construction information will be discussed. Soecial Assistance: If you require special assistance to attend and participate in this meeting or need additional ;reformation please contact: le Residency: 804-293-0011 Virginia Department of Transportation Device for the Hearing Impaired (TRY): 1-800-307-4630 Project: 0631-002-185,C-501 PROJECT South Fo.k Rtve~ne HIGHWAY IMPROVEMENT PROJECT ROUTE 631 ALBEMARLE COUNTY PROJECT: 0631-002-185£-501 I~1. $. INT. HYDRAUUC RD. ~RTE. 743] T0..0.3211~1. N. INT. RTE. 29 LENGTH~ 0.7EcJ blILE5 SCALE 0 2046' 4092' Vlr~11~lo flel~rte~t of Tronsl~'totlo~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: December 1~995 Financial Report SUBSE CT/PROPOSAL/RE OIrEST: December 1995 Financial Report for thc General and School Fuads AGENDA DATE: February 21, 1996 ACTION: CONSENT AGENDA: ACTION: 'X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Attached is the December 31, 1995 Monthly Financial Report for the General and School Funds. Projected OmeralFond revenues were revised as afDecember 31, 1995. Total General Fund revenues are projected to exceed appropriations by$2,149,074. This is a $571,783 increase ~om the September30, 1995revision. The projected increase is primarily due to higher than anticipated real estate tax, personal property tax, and intarest revenue collections. Projected General Fund expenditures have not been revised at this lime. Projected School revenues have not been revised at this time. Projected School expenditures ware revised in October to reject the School Board 7.5% holdback policy. The holdback will remain in effect until all the costs of the recent weather disturbances have been determined. RECO~ATION: Staff recommends the acceptance of the December 1995 Financial Report. 95decrpt.wpd 96.028 < ~ ~ ~ Z ~ z z ~ ~z5 ~,~ ¢~< ~ ~o~O 8~o ~ W (.3 LU z<~ x LU o lU Z LU n- O UJ ~0 i~ ~- 0 0 0 CO ~ CO I~ 0 ~LO ~1 z =z~ COUNTY OF ALBEMARLE Office of Board of Superwsors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804~ 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkins Sall~ H, Thomas TO: FROM: DATE: SUBJECT: Rolisa C. Smith, Legal Services Assistant Ella W. Carey, Clerk ~..)d- February 22, 1996 CFW Communications Company Deed of Easement At its meeting on February 21, 1996, the Board of Supervisors authorized the County Executive to execute a Deed of Easement granting an easement to CFW Communications Company for the construction, installation and maintenance of an underground fiber optic network system to be located on County-owned property located at 401 Mclntire Road, Charlottesville, Virginia. Attached is the original signed document. It is my understanding your office will file the necessary documents with the Clerk of the Court. /EWC Attachment cc: Fred Kruger Printed on recycled paper DEED OF EASEMENT THIS EASEMENT is made this).kr day of February, 1996, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, and CFW COMMUNICATIONS COMPANY, a corporation organized and doing business under the laws of the Commonwealth of Virginia, Grantee, WITNESS: That for and in consideration of good and valuable consideration described in section 3 of this Deed of Easement, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns, a ten foot wide easement across the property of the Grantor located at 401 Mclntire Road, Charlottesville, Virginia and identified as City of Charlottesville Tax Map 35, Parcel 134, the location of the easement being more specifically shown on the plat entitled "Entrance and Easement Plat", dated Fe~bruary 12, 1996, attached hereto and made a part hereof, ~0~l,~l~ ~ ~1*~ The easement hereby granted consists of: l. General 1.1 Fiber optic network system defined. For purposes of this deed of easement, "fiber optic network system" means cables, lines, guys, anchors, wires, posts, poles, terminals, location markers and other appurtenances as the Grantee may from time to time require° 1.2 Nonexclusive fight of ingress and egress on the easement. The Grantee shall have the nonexdusive right of ingress and egress over, under and across the easement described above for the purpose of exercising the rights herein granted. 1.3 Nonexclusive right of access to the easement. For the purposes of constructing, installing, inspecting, operating, maintaining, repairing, replacing or removing the fiber optic network system, the Grantee shall have the right of ingress to and egress from the easement over the property of the Grantor adjacent to the easement and lying between the public roads and the easement. 1.4 Underground easement fights. The Grantee shall have the right to construct, install, operate, inspect, maintain, repair, replace and remove an underground fiber optic network system. The Grantee shall also have the right to make such changes, alterations, additions and connections to or extensions of its fiber optic network system within the easement as are consistent with the purposes expressed herein, 1.5 On- or above-~ound easement rights. The Grantee shall have the right to construct, install, operate, inspect, maintain, repair, replace and remove a fiber optic network system on- or above-ground. The Grantee shall also have the right to make such changes, alterations, additions and connections to or extensions of its facilities within the easement as are consistent with the purposes expressed herein. However, no constituent elements of the fiber optic network system shall be constructed or installed on- or above-ground without the prior express written consent of the Grantor. The Grantee shall submit a written request for the on- or above-ground appurtenances which describes the proposed constituent element or elements of the fiber optic network system and the desired location therefor. The Grantor may refuse to grant consent for health, safety or aesthetic reasons, and may grant consent with conditions, including but not limited to conditions requiring that the Grantee provide landscaping or other screening of the on- or above-ground constituent element or elements. 1.6 Notice to Grantor prior to exercising easement rights. Except in cases where the Grantee must perform emergency repairs on the fiber optic network system, the Grantee shall provide to the Grantor forty-eight hours notice prior to entry onto the Grantor's property to exercise any of the Grantee's easement rights granted hereunder, and the right of entry shall be scheduled at the Grantor's discretion. Except in the case of an emergency and in the sole discretion of the Grantor, the right of entry will be granted for the period between 5:30 p.m. and 7:30 a.m. on weekdays and at all times on Saturdays and Sundays. In the event that emergency repairs are required, the Grantee shall provide to the Grantor as much prior notice as possible. 1.7 Uses of easement by the Grantor. The Grantor, its successors and assigns, may use the easement for any reasonable purpose consistent with the easement rights granted hereunder, provided that the purpose or use does not interfere with the Grantee's exercise of any of its rights granted. 1.8 Ownership of fiber optic network system. The fiber optic network system is not, and shall not become, the property of the Grantor. 1.9 Relocation of easement. The Grantor reserves the right to construct, erect or locate any building, structure, or other improvements on the easement and, upon the request of the Grantor, the Grantee shall relocate the fiber optic net~vork system, at the Grantee's sole expense, to a ne~v easement designated by the Grantor and acceptable to the Grantee. 1 .i0 Ability and authority to convey easement. The Grantor warrants that it is the owner of the interest hereby conveyed and that it has the right to convey this easement. 1.11 Easement shall run with the land. This deed of easement shall be binding upon and inure to the benefit of the Grantor and the Grantee and their successors and assigns. 1.12 Easement sub!ect to existing covenants, conditions, restrictions and easements. This easement shall be subject to all covenants, conditions, restrictions, and other easements of record insofar as they may legally affect the easement. 2. Obligations of the Grantee 2.1 Minimize damage and inconvenience. The Grantee shall exercise all of its easement rights granted hereunder in a manner so as to cause the least practicable damage and inconvenience to the Grantor and to the members of the public visiting the Grantor's property. 2.2 Disturbance of paved surfaces. Grantee shall not disturb any paved surfaces without the prior written consent of the Grantor. "Disturb" includes, but is not limited to, cutting, breaking and removing. 2.3 Repair damage immediately. The Grantee shall immediately repair damage to roads, roadways, driveways, sidewalks, stairs, landscaping, buildings and all other improvements located on the Grantor's property, whether inside or outside of the easement, incurred in the process of the Grantee exercising any of the rights granted heretmder. All repair work shall be performed in a proper and workmanlike manner and shall restore the damaged property as nearly as practicable to the same condition as prior to the damage. In lieu of the Grantee making repairs, the Grantor may, at its option, make or cause to make the repairs and the Grantee shall pay the Grantor the cost of such repairs within thirty days of the Grantor giving the Grantee a written invoice. 2.4 Backfilling and restoring excavations. Whenever the Grantee excavates earth within the easement, the Grantee shall backfill the excavation in a 3 proper and workmanlike manner so as to restore surface conditions as nearly as practicable to the same condition as prior to the excavation, and shall restore all paved surfaces damaged or disturbed as a part of the excavation. 2.5 Prevention and elimination of interference with other systems. In exercising the easement fights granted hereunder, the Grantee warrants that the fiber optic network system shall not interfere in any way with any other mechanical or electrical systems under, on or above the Grantor's property. If the fiber optic network system does interfere with any such mechanical or electfical system, upon oral or written notice by the Grantor to the Grantee of such interference, the Grantee shall immediately take whatever actions are necessary, and at its sole expense, to eliminate the interference. 2.6 Safe practices. In exercising the easement rights granted hereunder, the Grantee shall engage in safe work practices, including but not limited to providing proper notices, warnings, signs and barriers for all work performed, and by assuring that unauthorized persons shall not have access to any constituent elements of the fiber optic network system that pose a risk to health or safety. 3. Consideration 3.1 Construction and installation of fiber optic cables. Concurrent with the construction and installation of the fiber optiy network system, the Grantee shall provide and install, at its sole expense and at no future cost or charge to the Grantor, a six-strand multimode fiber optic cable (the City of Charlottesville cable) and a single mode fiber optic cable (The CFW Network cable) (collectively the "fiber optic cables") from a handhole to be placed by the Grantee within the easement to the old telephone switchroom in the basement of the County Office Building, and as shown on the attached diagram. The Grantee shall also splice four of the six strands in the handhole to four of the twelve strands of the City of Charlottesville's multimode fiber, which is being installed. The Grantee shall also terminate those same four strands of multimode fibers in the old telephone switchroom in the basement of the County Office Building with ST connectors. The Grantor shall provide reasonable access to the old telephone switchroom in the basement of the County Office Building to allow the Grantee to complete the work described herein. 3.2 Use of Multi-Mode Fiber Optic Cable. As consideration for the permission granted herein by the Grantor, the Grantee hereby grants to the Grantor, the right to access and use the City of Charlottesville cable at no charge to the Grantor for so long as the Grantee provides services to the City of Charlottesville ("City") in order to provide dedicated access to the City's private network. 3.3 Location of the fiber optic cables. The fiber optic cables described in section 3.1 shall be run through an existing four inch conduit located within the easement, if that conduit is currently available and is not being used for any other exclusive purpose. However, the Grantor makes no assurance that the conduit is. in fact, four inches in diameter, or whether it is open or othemrise available. The Grantee's right to use such conduit shall be nonexclusive. In the event that the four- tach conduit is not available for any reason, the Grantee shall, at its own expense, construct and install a separate conduit within the easement in order to run the fiber optic cables as described in section 3.1. The Grantor shall not unreasonably withhold permission to construct and install a separate conduit, if necessary. 3.4 Operation. inspection, maintenance, repair, replacement and removal. The Grantee shall inspect, maintain, repair and replace the fiber optic cables as necessary, at its sole expense for the life of the easement granted hereunder. The Grantee may remove the fiber optic cables only with the prior written consent of the Grantor, which may consult with the City of Charlottesville prior to granting such consent. 3.5 Vacation of the conduit. If the fiber optic cables described in section 3.1 are mn through an existing four inch conduit, the Grantor reserves the right to require that the conduit be vacated and the fiber optic cables relocated, at the sole expense of the Grantee. The Grantee shall vacate the conduit within thirty days' written notice provided by the Grantor. In such event, the Grantee shall relocate the fiber optic cables in a separate conduit constructed and installed by the Grantee at its sole expense, or in an existing conduit acceptable to the Grantor. The Grantor shall not unreasonably withhold permission to construct and install a separate conduit, if necessary. 3.6 Repair of a damaged conduit. In the event that the conduit containing the fiber optic cables is damaged, the Grantee may repair or replace the conduit at its discretion, with the prior written consent of the Grantor. The repair or replacement of the conduit shall be at the sole expense of the Grantee. 4. Hold Harmless. Indemnification. Insurance. Termination and Notices 4.1 Hold harmless. The Grantee agrees to hold the Grantor and its officers, employees, and agents harmless from any liability, responsibility, or damages 5 caused, either directly or indirectly, by reason of the granting or use of the easement by the Grantee, its successors or assigns. 4.2 Indemnification. The Grantee shall indemnify the Grantor against any toss or damage caused thereby the Grantee in the exercise of its easement rights granted hereunder. 4.3 Insurance. The Grantee shall mainta'm liability ~nsurance as follows: (1) public liability insurance for not less than $500,000 for injury, to any one person and $i,000,000 for injury resulting from any one accident; (2) property damage liabiF~ty insurance for no less than $250,000 for property damage to the property of any one person and $500,000 for property damage to property resulting from any one accident; and (3) $I,000,000 for any other types of liabilities. The Grantee shall provide the Grantor a certificate of insurance as evidence of the above coverage, which shall name the "County of Albemarle, Virginia" and its officers, employees, and agents as additional insureds on such policies. 4.4 Termination. If the Grantee broaches, defaults, or otherwise fails to timely perform any of the foregoing duties and obligations, and such breach, default or failure is not corrected within seven days after receipt of notice in writing from the Grantor to the Grantee, or if interference with other mechanical and electrical systems as desctibed in section 2.5 is not satisfactorily eliminated or is a recurring problem, such breach, default or failure shall constitute a change in use of the dominant tenement and shall extinguish the easement. Upon extinguishment of the easement, the Grantee shall remove the fiber optic network system from the Grantor's property and shall immediately restore the Grantor's property to its prior condition. Nothing contained in this section shall be a limitation on other grounds by which the easement may beterminated. 4.5 Notice. All notices required under this deed of easement shall be in writing except in the case of an emergency or as otherwise provided. Notice shall be provided to the following offices: Grantor Grantee Chief of Staff Services Department of Engineering And Public Works County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 TEL: (804)296-586I FAX: (804) 972-4035 Senior Vice President CFW Communications Company 401 Spring Lane, Suite 300 Waynesboro, Virginia 22980 TEL: (540) 946-3551 FAXz (540) 946-3595 6 WITNESS the following signature and seal: CFW COMMUNICATIONS COMPANY DAVID tL MACCERELLI SENIOR VICE PRESIDENT (Seal) Approved as to form: ~:~unt~ttorney COMMONWEALTH OF VIRGINIA ~COUNTY OF ~a~n~tau~ The foregoing Deed of Easement was signed, sworn to and acknowledged before me this 12th day of February, 1996 b_2t,David IL Maccar~lli. N°t wa~Public My Commission Expires: March 31, 1997 7 COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Deed of Easement was srgned, sworn to and admowledged before me this~/~ day of February, 1996 by Robert W. Tucker, Jr. NotazTy Pu~l~ My Commission Expires: k/J.r~ ~ ~/??7 // / / COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CFW NeXw~rk Inc. SUI~ECT/PROPOSALfRE QUE ST: Deed of Easement STAFF CONTACT(S): Mcssrs, Tucks' and Huff AGENDA DATE: ITEM NUMBER: Fcbmar~ 21, 1996 ~, g',2.2/. & ~ AC~ON: X ~O~ON: CONSENT AGENDA: ACTION: INFORMATION,: ATTACHMENTS: REVIEWED BY: ~ACKGRO~']} & DISCUSSION: CFW Network Inc., h~ requited ~o nm mo fi~ ~fic ~ (o~ ~fi~ ~d ~e ~ ~) ~ ~ Co~ ~ B~dlng wh~ ~ ~ ~ 1~ ~ ~ ~t ~ ~ ~ pl~ ~ ~ ~ ~h~ ~1~ ~d tow~ ~e~n Av~ (~ ~ s~). ~ ~ge for ~ ~ ~ ~ ~de a ~n ~ ~e Ci~ of ~b~c ~ mnl~-m~ ~o~, ~m ~t ~1~ C~ ~ F~c Ho~, ~Bc Wo~ A~ini~ve ~ o~. ~ ~ ~ ~ Ci~ w~d ~ avffi~ ~ long ~ ~ C~ ~ ~ ~ ~fi-m~e ~e ~ is ~ for &m ~h~ f~ ~ pr~ ~ Gig ~ e~, ~B~ ~& p~ ~ b~g ~ ~pp~g for ~e 9 CFW wilt nm the multi-mo& fiber into the Cotmty Office BuDding and will terrninute in the old phone room whi~ i~ located in tl~ basemeaxt of the Coun~ Office Building at no cost to the county, The single mode fiber will also be nm ~ the telephone room for potential future use by the County. Again, the initial installation is at no cost to the County. The aUsched Deed Of Easement ha~ be~n approved by the County Attorney's Office. RECOMMENDATION: This is to re~ammend that the Board grant tl~ ~. DATE AGENDA ITEM NO. AGENDA ITEM NAME DEFERRED UNTIL Form. 3 7/25/86 COUNTY OF ALBEMARLE Dept. of Planning & Community Developmen; 401 Mclntire Road Charlottesville. ~Virginia 22902~4596 (804) 296-5823 February 9, 1996 i B©AI.~D OF SUPERVISORS Mill Creek Industrial Land Trust Hunter Craig, Trs 338 Rio Road Charlottesville, VA 22901 RE: ZMA-95~19 Mill Creek Industrial Land Trust Tax Mal~ 76M1, Parcels 11, 12, 13, 14, 15, 17, 18, and20 Dear Mr. Craig: The Albemarle County Planning Commission, at its meeting on February 6, 1996, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the modification of floor area limitation as reflected in the following revisions to conditions of ZMA-94-25: Residential, commercial/service and industrial areas with their attendant open space areas, including pedestrian trails, shall be located in general accord with the Application Plan. All roads, with the exception of the potential collector road shall be built to Virginia Department of Transportation standards and placed in the Secondary System at the time of development of the residential areas utilizing those roads. The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 lread by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date. There shall be no residential entrances onto the collector road, with the exception of public road Page 2 February 9, t996 connection. The possibility that this collector road will be constructed (the extension of the Southern Parkway) within the reserved area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the collector road in the Mill Creek West portion of this PUD. Inthe event that this collector road is constructed, the developer or its successors or assigns shall be responsible for the removal of the portion of the Grist Mill Drive median and turn island and the "Mill Creek West" sign proposed within the collector road right-of-way. The maximum number of dwelling units approved under this PUD is 435 dwelling units. For the portion of this PUD identified as "Mill Creek West," lots that include portions of the critical slopes (25 % or greater slope) associated with the Biscuit Run stream valley shall provide an easement to Albemarle County and the developer or it successors that prohibits disturbance of the natural grade in the portions of the lots on such slopes. Any maintenance responsibilities resulting from disturbance to these slopes shall be incurred by the developer or its successors and not by Albemarle County. For the portion of the PUD identified as "Mill Creek West," minimum yards shall be as follows: Front: 25 feet for lots with frontage on the road shown as "Grist Mill Drive" on the Application Plan; 20 feet for other lots, except that the front yard may be reduced to 1 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall on the enclosed structure parallel to the street between 20 feet and 10 feet from the front line. Side: 7,5 feet Rear: 20 feet, except in cases in which the rear lot abuts common open space, then the rear yard may be reduced to 10 feet. Special use permit approval is required for establishment of the stream crossing over Biscuit Run indicated on the Application Plan. Gross floor area of day care facility_ not to exceed 6,100 square feet. Page 3 February 9, 1996 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on. FEBRUARY21, 1996. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcf cc: ~aCarey Jo Higgins Amelia McCulley STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER DECEMBER 19, 1995 JANUARY 10, 1996 ZMA-95~19 Mil,1, CREEK INDUSTRIAL LAND TRUST APPLICANT'S PROPOSAL: To amend the Mill Creek PUD to include Tax Map 76M(1), Parcels 11, 12, 13, 14, 15, 17, 18, and 20 which are currently zoned as Light Industrial. We further request that Tax Map 76M(1)Parce114, REVISED PARCEL 4, be amended to the PUD and designated for "commercial service for day care" and that Tax Map 76M(1), Parcels 11, 12, 13, 14, 15, 17, 18 and 20 be amended to the Mill Creek PUD and designated for Light Industrial (Attachment B). PETITION: Mill Creek Industrial Land Trust petitions the Board of Supervisors to rezone approximately 23.6 acres from LI, Light Industrial to PUl), Planned Unit Development (This land is proposed to be added to the existing Mill Creek PUD and designated for industrial and commercial use). Property, described as Tax Map 76M(1), Parcels 11, 12, 13, 14, 15, 17, 18 and 20, is located on the north side of the Southern Parkway approximately 500 feet west of Route 742 (Avon Street) in the Scottsville Magisterial District. The site is recommended for Industrial Service in Neighborhood 4. RECOMMENDATION: Staff recommends approval of the industrial designation as a logical expansion of the PUD. Staff recommends approval of the commercial/service designation as appropriate to the PUD concept for a development of this scale. Modification of floor area limitation is also recommended. STAFF COMMENT: Staff comment on this proposal will address the industrial designation and commercial service designation separately. Much of the discussion will be based on the evolution of the Milt Creek PUD plan (Attachment E ). Industrial designation: At time of the original PUD designation, the applicant was in negotiation regarding this land. Portions of Mill Creek adjacent to this property and north of the Southern Parkway were designated for industrial development (with appropriate buffers from adjoining properties and the Southern Parkway). Following PUD designation, this land was acquired by Mill Creek and designed and subdivided as though a part of the PUD. Therefore, incorporating this land into the PUD with an Industrial designation does not change the land use and should be viewed as a Zoning Map "housekeeping" measure to avoid future confusion (Note: Parcel 16 has been transferred to Carolina Builders and is not subject to this rezoning). Page 1 of 4 A minimum of 100 acres is required to establish a PUD. Once established, Section 20.7.2 provides that "additional area may be added to an established PUD district if it adjoins and forms a logical addition to the approved development." Staffopinion is that incorporating this LI land into the Mill Creek PUD with an industrial designation subject to the provisions of Section 20.11 is a logical addition in keeping with the original PUD design. Commercial /Serviee designation: One parcel of 2.08 acres is proposed for commercial/ service use and a site plan for a day care center is under review (Attachment D). Under original approval, about 6 acres fronting on Avon Street between the Southern Parkway and Mill Creek Drive were designated for commercial/service uses. however no floor area limitations were imposed and usage of shopping center parking standards was permitted. That is to say, the property was designated as commercial under the shopping center provisions of the PUD, but actual uses were limited to commercial/service uses. In later modification to the original zoning approval and Application Plan, this area was redesignated from commercial to residential. Also, at time of original approval, an area fronting Avon Street on the south side of Mill Creek Drive was shown for either day care or apartment usage. The applicant subsequently chose to develop that site with residential units. In summary, under the original approval, justification was provided for designation of six acres for commercial usage. The option for a day care facility was shown on the Application Plan. Staffhas viewed this request as an issue of relocation of previously envisioned uses. While location of a day care facility adjacent to industrial property may not be the most desirable circumstance, location within residential areas has historically drawn opposition and some day care centers have located in commercial areas. In this particular case, the building and play areas are separated from adjoining industrial land by 170 feet or more. Furthermore, this location allows for convenient day care service to both the residents of Mitl Creek and employess of the industrial area. Section 20.9.1 states that individual commercial/service uses "shall be limited in size to avoid the impression of general commercial development" and section 20.9.3 limits floor area for an individual use to 5,000 square feet. The applicant is proposing a gross floor area of 6,016 square feet and has provided justification for the request (Attachment C ). Staff agrees with the applicant's justification and staff opinion is that modification would not result in the "impression of general commercial development." Therefore, as provided by sections 8.5.4 and 8.5.5, staff recommends modification of section 20.9.3 to allow a gross floor area not to exceed 6,100 square feet. Page 2 of 4 SUMMARY: Rezoning of the +/- 21.5 acres from LI to PUD with an industrial designation does not change land usage, but does allow for logical expansion of the PUD and a consistent zoning pattern. Rezoning of the 2 acres from LI to a commercial/service designation is anticipated by PUD regulations to provide internal support to residential and industrial areas of the PUD. RECOMMENI)ED ACTION: Based on the applicant's spatial needs as well as limited area available for commercial/service use, staff recommends modification of floor area limitation as reflected in the following revisions to conditions of ZMA-94-25: Residential, commercial/service and industrial areas with their attendant open space areas, including pedestrian trails, shall be located in general accord with the Application Plan. All roads, with the exception of the potential collector road shall be built to Virginia Department of Transportation standards and placed in the Secondary System at the time of development of the residential areas utilizing those roads. The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date. There shall be no residential entrances onto the collector road, with the exception of public road connection. The possibility that this collector road will be constructed (the extension of the Southern Parkway) within the reserved area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the collector road in the Mill Creek West portion of this PUD. In the event that this collector road is constructed, the developer or its successors or assigns shall be responsible for the removal of the portion of the Grist Mill Drive median and mm island and the "Mill Creek West" sign proposed within the collector road right-of-way. 4. The maximum number of dwelling units approved under this PUD is 435 dwelling units. For the portion of this PUD identified as "Mill Creek West," lots that include portions of the critical slopes (25 % or greater slope) associated with the Biscuit Run stream valley shall provide an easement to Albemarle County and the developer or it successors that prohibits disturbance of the natural grade in the portions of the lots on such slopes. Any maintenance responsibilities resulting from disturbance to these slopes shall be incurred by the developer or its successors and not by Albemarle County. Page 3 of 4 For the portion of the PUD identified as "Mill Creek West," minimum yards shall be as follows: Front: 25 feet for lots with frontage on the road shown as "Grist Mill Drive" on the Application Plan; 20 feet for other lots, except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 2§ feet provided that there shall be no openings except for garage doors in any exterior wall on the enclosed structure parallel to the street between 20 feet and 10 feet from the front line. Side: 7.5 feet Rear: 20 feet, except in cases in which the rear lot abuts common open space, then the rear yard may be reduced to 10 feet. Special use permit approval is required for establishment of the stream crossing over Biscuit Run indicated on the Application Plan. Gross floor area of day care facitit¥ not to exceed 6,100 square feet. ATTACHMENTS: A- Location map B- Parcel map C- Apphcant's justification for mzoning and relief from floor area limitation D~ Day care center site plan E- Mill Creek PUD A:~ZMA9519.RPT Page 4 of 4 si 6 7 CASTLE TOP ROCK TOM MOUNTAIN ZMA-95-19 MILL CREEK INDUSTRIAL LAND TRUST ALBEMARLE ZMA-95-19 MILL CREEK INDUSTRIAL LAND TRUST SCOTTSVILLE DISTRI(:;3' SECTION 76M(I J ATTACHMENT C I MII,L CREEK INDUSTRIAl. PARK REZONING JUSTIFICATION OF REQUEST The purpose ofthe proposed amendment to the M~dl Creek PUD is rm~lti-faceted. Some of the reasons follow'. 1) 2) To fimplify the zoning district. The current zoning of Light Industry is surrounded by PUD zoning. Manyofthelots(ll, 12, 13, 14, 18, and 20) have portions which are zoned PUD and Light Industry. To provide day care service to support the planned unit development of residential and industrial service in the Mill Creek PUD. As shown in Attachment A and the updated Application Plan of the Mill Creek PUD, the proposed Foxcrofr subdivision will_ bring the total amount of residential units in the PUD to 435. The proposed capacity of the day care facility will be 140 children (ranging from infants/toddlers to 3-4 year olds) and 14 employees. The site plan for this facility has been submitted concurrently with this request for rezoning and a cop3, is attached which details other pertinent site information. 635 B Hiilsdale Dr. Charlottesville, Va, 973-0626 Route 743 Eariysvllle, Va. 973-2159 12/11/95 To: Ron Keeler Re: Southern Day Care Center, Zoning OrdNance 33.3 The following criteria support the need for the Southern Day' Care to exceed 5,000 square feet: t. Pc/pulafion projections for the Southern Charlottes~dlleLa. lbemafle area retlect a substantial growth increase in tim next decade. 2. The southern area Albemarle Co. has been designated a growth area wdth the plan for many sin~e family dwellings already approved 3 In recognition of the projected growth in this area Monticello High School will be built. The need for a new tfigh school indicated the ne~d lbr other types of educational establ/~shments. Quali~ child care is a great need for families 4. The State of Virgirfia requires 25 square ft per child of usable child space. In order to provide the h/chest quality eh/Id care, where children are divided into small groups with ample space to, grow and develop, 5,888 w411 meet this standard as set forth in the 1L.flllimtutl Standard of Licensing by the Department of Social ServicesL 5. The National .association for the Education of Young Children recommends 35 square feet pm' child. The building with 5,888 square tbet will provide substantial, spac~ re offer the highest quality care and environment for children. 6. Note: The following areas of the building may not be ¢alculated as usable child space: *Ka'tchen *Kitchen *Pantry *Art Storage *Cot Storage *Bathrooms *Itallwa3~ ~*Coliferel~ce roolrts *Entry Area *Janitor Closet *[Jtiliry Claret lh-offor Form Date: ! 2/.11/95 Tax Map Parcel(s) #: 76mi~Parcel 14 Revised Parcel4 1.08 acres to be rezoned from ~ to PUD-Commercial 1. The primary use of parcel will be Ibr Child Day Care 2. ~Ve request zoning of parcel <4 to allow all "By Right" commercial meg for C-1 and Thank you for your assistance in this malted, please feel free to contact me with questions. Kathe Petchel Bright Beginnin~ Pm-School 973-0648 or 973-0626 __ ) 'I ! ---------------'~ . i i J_ '00 DiVeD 'M ~M£NflH COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mctntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 March 1 1996 Charles S Martin The Honorable Emily Couric Senator, 25th District PO Box 9462 Charlottesville, VA 22905 Dear Senator Oouric: At its meeting on February 21, 1996, the Board discussed your request that it reconsider its previous action regarding a public defender off~ce. The Board discussed this issue extensively, but decided to remain neutral· Although the Board felt the investigator was an important element, it felt this community is different from some others in that there are a large number of qualified attorneys in the area. If you need any additional information, please do not hes tare to contact this office. Sincerely, · y, Clerk, C~v,~, / / /ewc cc: The Honorable Mitchell VanYahres The Honorable Peter T. Way Mr. Robert W. Tucker, Jr. Printed on recycled paper COUNTY OF ALBEMARLE Office of County Executive 401 M¢Intire Road Charlottesville. Virginia 22902-4596 (804) 296-5841 FAX (804) 972-4060 February 16, 1996 Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 RE: Public Defender Office Dear Madam Chair and Members of the Board of Supervisors: Senator Couric has requested that you reconsider your previous action regarding a public defender office that is being considered in the General Assembly this session. You will recall when the legislation was introducted last year, you took a position not to support the creation of a public defenders office for Albemarle County. Attached is the same information on this issue that you received last year creating a public defender office for Charlottesville/Albemarle. We have not had an opportunity to obtain any new information from Senator Coufic, but, if available, will bring it to you for your review and possible action Wednesday, February 21st. Should you have ,my questions concerning this matte~, please do not hesitate to comact me. RWT,Jr/dbm 96.020 Attachment Sincerely, -/ EXECUTIVE SUMMARY AGENDA TITLE: Public Defender Office SUBJECT/PROPOSAL/REQUEST: ~Requeat approval of proposed legislation to establish a Public }efender Office for Albemarle County and the City. of 2harlottesville. FAFF CONTACT: rucker,~ AGENDA DATE: December 21, 1994 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: Last year DelegateVan Yahres introduced a bill in the General Assembly to provide a public defender office for the City of Charlottesville. Although the bill was passed by the General Assembly, it was vetoed by the Governor because the Charlottesville/Albemarle Bar Association bad not had time to study the bill and had, therefore, not made a recommendation supporting the office. DISCUSSION: At the request of a number of constituents, Delegate Van Yakres is again planning to submit legislation to establish a public defender office in Charlottesville. The proposal is supported by the Public Defender Commission and has recently been given official support from the Charlottesville/Albemarle Bar Association. The Commission in several funding scenarios has shown that a joint public defender office would be more cost effective due to economy of scale if the office was to represent both Charlottesville and Albemarle The first year cost of operating separate offices, plus start up costs, would, be $720,680, $332,410 for Albemarle and $388,270 for Charlottesville. The cost of estahiishing a joint office in Charlottesville would be approximately $557,165 per year, a first year savings of $163,515. Fees for the current court appointed attorneys currently total $372,622 for Charlottesville and Albemarle combined, with approximately 68% of the cases in Charlottesville and 32% in Albemarle These fees would be deducted from the cost of the public defender office funded by the State legislation. The experience of other localities who have replaced the current practice of paying fees to individual attorneys with a public defender office has been positive. Anticipated benefits are an improved legal defense system, as well as a better coordinated process and communicatio~ with the Commonwealth Attorney's Office. Delegate Van Yaltres xvould like to include Albemarle County in his public defender bill for the upcormng session. He has asked the Boar~ to review his proposal and to give him have a sense of the Board of Supervisors feelings in regard to this legislation. RECOMMENDATION: If the Board concurs with the proposed legislation to establish a public defender office to serve both Albemarle and Charlottesville, sun will for~vard on to Delegate Van Yahres your support for his bill. Pnbdef. sam 94.195 December The Honorable Walter F. Perkins, Chair Albemarle County Board of Supervisors A01 McIntire Road Charlottesville, VA 22901 Dear Walter: Last year, at the request of a number of my constituents, I introduced a bill to provide for a public defender office in the City of Charlottesville. Although the bill was passed by the General Assembly, Governor Allen vetoed the proposal because the Charlottesville-Albemarle Bar Association had not had sufficient time to study the issue and therefore was not in a position to support the bill. During the intervening year the Bar Association has been conducting a study and shouldhave a recormmendation by mid-December. Last year the Public Defender Commission, which suppOrts the establishment of the office in Charlottesville, provided figures (copies enclosed) which show an economy of scale if the local office represents both the City of Charlottesville and the County of Albemarle. I have also enclosed the figures showing what the the fees would have been for court appointed attorneys. This amount would be deducted from the cost of the public defender office. I will probably introduce a public defender bill in the upcoming session and would like to include the County of Albe/narle in the legislation. I would appreciate your reviewing the enclosed documents and letting me know the sense of the Board of Supervisors with regard to this proposed legislation. Sincerely yours, Mitchell Van Yahres MVY/jb Enclosures cc: Senator Edgar S. Robb Delegate Peter R. Way/ Robert W. Tucker, Jr.w James L. Carablos, III COUNTY OF ALBEMARLE PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Charlottesville/Albemarle County Added Year 1 PERSONNEL COSTS: Salaries Public Defender Senior Assistant Public Defender - 40,91 Assistant Public Defender II - 37,431 ea Assistant Public Defender I - 31,322 ea Investigator I Secretary II Secretary I Social Secudty Retirement Group Insurance Medical Insurance Retiree Health Credit PERSONNEL YEAR I 63,880 40,920 74,860 62,640 23,980 18,350 16,790 301,420 23,060 30,500 2,640 26,840 1,210 385,670 CONTRACTUAL SERVICES Media Services (Newspaper Ads) Printing Postage Telephone Organization Memberships Publication Subscriptions Convention & Education Equipment Repair Film Developing Software Mileage Subsistence & Lodging CONTRACTUAL 2,100 55O 1,580 9,180 1,740 2,095 6,000 1,450 150 1,800 3,300 50 29,995 YEAR 2 New Year 2 63,880 81,840 74,860 62,640 23,98O 18,350 16,790 342,340 26,190 34,640 2,990 29,820 1,370 437,350 300 550 1,750 10,200 2,020 2,245 7,000 1,450 175 2,550 3,600 50 31,890 PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Charlottesville/Albemarle Count~ YEAR 1 SUPPLIES & MATERIALS Office Supplies Stationery & Forms Data Processing Supplies Photographic Supplies SUPPLIES 2,700 2,700 230 6O 5,690 CONTINUOUS CHARGES Property Insurance Office Rental General Liability Insuance Workers' Compensation CONTINUOUS CHARGES 60 48,870 140 72O 49,790 EQUIPMENT Computer Equipment Reference Equipment Telephone Equipment Office Furniture Office Incidentals Office Machines EQUIPMENT 2,350 1,050 0 60O 680 4OO 5,080 TOTAL OPERATING BUDGET Plus: Start-up Costs TOTAL COST - FIRST YEAR OF OPERATION 476,225 80,940 557,165 YEAR 2 3,150 3,150 250 70 6,620 70 53,690 150 820 54,730 4,700 1,230 480 2,960 440 770 10,580 541,170 PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location -- Charlottesville/Albemarle County Number Furniture: Bookcases Chairs: Clerical Executive Other Desks: Executive Secretarial File cabinets, 4-drawer 2-drawer Table: Conference Breakroom 7 2 7 15 7 2 2 7 1 1 Cos_ t 2,010 36O 2,220 4,730 4,760 1,510 570 1,120 650 200 Equipment: Copier Binding Machine Calculator Camera Computer CD-ROM Printer & print--share Fax machine Typewriter TV/VCR Video Camera Dictation/transcription Units Dictation/portable Units Telephones Total furniture & equipment Library & other materials: Books & periodicals Computer software Total libraw & other materials Telephone installation Total telephone installation Initial supply orders & postage Total initial orders Total Estimated Start-up Coats I 7,130 1 1,610 I 120 I 650 9 21,170 I 63O 2 8,650 I 1,500 2 1,030 430 860 9 2,270 7 920 9 4,540 69,640 2,000 6,750 8,750 1,200 1,200 1,350 1,350 80,940 pP, EVIOUS 3 YEARS C~ARLOTTESVILLE AND ALBEMARLE CHARLOTTESVILLE PERCERT SERVED CHARGES COSTS AVG.COST RIS 71% 1.5~0 119.1~4 ZZ.8? [EL 67~ 720 83,353 115,77 APPEAL TOTAL ?0% 2,261 205,521 90.90 *CAP[TAL-$545-CRARLOTTESVILLE ALBEM,~RLE SERVED CHARGES COSTS AVG,CDST 20% 637 56,976 89.44 21% 3 900 300.00 30% 992 106,76~ 107.63 100% 1,072 132,245 123.36 100% 14 3,934 281.00 100% 3,253 312,289 96.00 CHARLOTTESVILLE PERCERT SERVED CHARGES COSTS AVG,COST HIS 65% 1.452 10~,705 74.87 FEL ZI~ 903 95,~ 105.70 APPEAL 84% 27 5,765 213.52 TOTAL 63'% 2,382 209,918 88.15 1991-92 35% 798 71,722 89.8~. 100% 2,250 180,427 29% 377 48,07~ 127,53 100% 1,280 143,526 112.15 . . 16% 5 1,3~' 275.40 100% 52 7,142 223.19 35% 1,180 121,1~ 102.~ 10~ 3,562 331,~ 92.~ CNARLOTTESV[LLE PERCENT SERVED CFARGES COSTS AVG.COST Mis 69% 1,646 115,385 7~.10 FEL 67% 948 115,046 121.56 APPEAL 90% 18 2,344 130.22 TOTAL 68% 2,612 232,7T5 ~9.12 ALSEMARLE PERCERT SERVED CHARGES COSTS AVG.CQST 31% 739 68,335 92.47 33% 4~ 69,51Z 149.1~ 10% 2 1.995 ~97.50 32% 1,207 139,847 115.86 *CAP[TAL-$2,22B-ALBEMARLE PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Albemarle County_ YEAR 1 Added Year I PERSONNEL COSTS: Salaries Public Defender Assistant Public Defender II Assistant Public Defender I Assistant Public Defender - .5 rte Investigator I Secretary II Social Secudty Retireme nt Group Insurance Medical Insurance Retiree Health Credit PERSONNEL I 63,880 I 37,430 1 31,320 0 I 23,980 I 18 350 174,960 13,380 17,710 1,530 14,910 7OO 223,190 YEAR 2 New Year 2 63,880 37,430 31,320 t 15,360 23,980 18,350 190,320 14,750 17~10 1,530 14,910 700 239,920 CONTRACTUAL SERVICES Media Services (Newspsoer Ads) Printing Postage Telephone Organization Memberships Publication Subscriptions Convention & Education Expense Allowance (p/t attys) Equipment Repair Software Mileage Subsistence & Lodging CONTRACTUAL 1,500 550 880 5,100 880 1,650 3,000 0 910 1,000 2,4OO 50 17,920 300 550 1 ~50 5,100 930 1,650 3,500 2,500 910 1,000 2,550 50 20,090 PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Albemarle County_ YEAR 1 SUPPLIES & MATERIALS Office Supplies 1,350 Stationery & Forms 1,350 Data Processing Supplies 30 Photographic Supplies 30 YEAR 2 1,500 1,500 30 40 SUPPLIES 2,760 3,070 30 31,120 8O 420 CONTINUOUS CHARGES Property Insurance Office Rental General Liability Insuance Workers' Compensation CONTINUOUS CHARGES 31,650 2,350 53O 6OO 38O 4O0 EQUIPMENT Computer Equipment Reference Equipment Office Furniture Office Incidentals Office Machines EQUIPMENT 4,260 279,780 52,630 TOTAL OPERATING BUDGET Plus: Start-up Costs TOTAL COST - FIRST YEAR OF OPERATION 332,410 30 31,690 90 46O 32,270 2,350 530 600 280 400 4,160 299,510 PUBLIC DEFENDER COMMISSION ESTIMATED TWO--YEAR COSTS FOR NEW POSITIONS Location -- Albemarle Couch/ Number Com Furniture: Bookcases Chairs: Clerical Executive Other Desks: Executive Secretarial Fire cabinets, 4-drawer 2-drawer Table: Conference Breakroom 1,150 180 1.270 2,520 2, 72O 750 280 640 650 200 Equipment: Copier Binding Machine Calculator Camera Computer CD-ROM Pdnter & print-share Fax machine Typewriter TVNCR Video Camera Dictation/t ranscdption Units Dictation/portable Units Telephones Total furniture & equipment 5,440 1,610 120 650 1.760 63O 7,900 1,500 510 430 860 1,260 530 2,520 46,080 Library & other materials: Books & periodicals Computer software Total library & other materials 1,300 3,750 5.050 75O 75O ?.SO ?50 Telephone installation Total telephone installation Initial supply orders & postage Total initial orders Total Estimated Start-up Costs PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Charlottesville PERSONNEL COSTS: Salaries Public Defender Assistant Public Defender II Assistant Public Defender I - 31,322 ea Assistant Public Defender - ,5 rte investigator [ Secretary II Social Security Retirement Group Insurance Medical Insurance Retiree Health Credit PERSONNEL Added Year I YEAR I 1 63,880 I 37,430 2 62,640 0 I 23,980 1 18~,_3350 206,280 15,780 20,880 1,800 17,890 830 263,460 YEAR 2 New Year2 63,880 37,430 62,640 1 15,360 23,980 35Q 221,640 17,150 20,880 1,800 17,890 830 280,190 CONTRACTUAL SERVICES Media Services (Newspaper Ads) Printing Postage Telephone Organization Memberships Publication Subscriptions Convention & Education Expense Allowance (p/t attys) Equipment Repair Software Mileage Subsistence & Lodging CONTRACTUAL 1,500 550 1,050 6,120 1,170 1,800 4,000 0 910 1,200 2,700 50 21,050 3O0 550 1,230 6,120 1 ,~20 1,800 4,500 2,500 910 1,200 2,850 50 23,230 PUBLIC DEFENDER COMMISSION ESTIMATED TWO-YEAR COSTS FOR NEW POSITIONS Location - Charlottesville YEAR I SUPPLIES & MATERIALS Office Supplies Stationery & Forms Data Processing Supplies Photographic Supplies SUPPLIES 1,800 1,800 30 40 3,670 CONTINUOUS CHARGES Property Insurance Office Rental General Liability Insuance Workers' Compensation CONTINUOUS CHARGES 3O 35,940 9O 5OO 36,560 EQUIPMENT Computer Equipment Reference Equipment Office Furniture Office Incidentals Office Machines EQUIPMENT 2,35O 7OO 60O 450 400 4,500 TOTAL OPERATING BUDGET Plus: Start-up Costs TOTAL COST - FIRST YEAR OF OPERATION 329,240 59,030 388,270 YEAR 2 1,950 1,950 30 50 3,980 30 36,510 110 530 37,180 2,350 7O0 600 320 400 4,370 348,950 PUBUC DEFENDER COMMISSION ESTIMATED TWO--YEAR COSTS FOR NEW POSITIONS Location - Charlottesville Furniture: Bookcases Chairs: Clerical Executive Other Desks: Executive Secretarial File cabinets, 4-drawer 2--drawer Table: Conference Breakroom Number Cost 5 1,440 1 180 5 1,590 10 3,150 5 3,400 I 750 I 280 5 800 I 650 I 200 Equipment: Cop~er Binding Machine Calculator Camera Computer CD-ROM Pdnter & print--share Fax machine Typewriter -R/NCR Video Camera Dictation/transcription Units Dictation/portable Units Telephones Total furniture & equipment 5,440 1,610 120 650 14,110 630 8,090 1,500 510 430 860 1,510 660 3,020 51,580 Library & other materials: Books & periodicals Computer software Total library & other materials 1,300 4,500 5,800 750 750 900 900r Telephone installation Total telephone installation Initial supply orders & postage Total initial orders Total Estimated Start-up Costs 59,030 COUNTY OF ALBEMARLE MEMORANDUM TO: F ROM: DATE: RE: Albemarle County Board of Supervisors Robert W. Tucker, Jr., County Executive February 16, 1996 Public Defender Ofrlce This attached letter f~om Senator Comic was received after my letter, which follows, was drafted and signed. RWT,~tr/dbm 96.021 1:00 WEDNESDAY, MARCH 13 Public Safety Departments Police - John F. Miller Emergency Operations Center - Wayne S. Campagna Fire/Rescue Division - JCFRA - Carl J. Pumphrey Joint Security Complex - Albert A. Tumm/nia Inspections - Jesse R. Hurt 1:30 Public Works Departments Engineering - Jo M. Higgins Solid Waste/Recycling - Jo M. Higgins Water Resources Management - Jo M, Higgins Staff Services - Jo M. Higgins 1:45 Social Services/Parks & Recreation Social Services - Karen L. Morris Parks and Recreation - Patrick K. Mullaney 2:00 2:15 Community Development Departments Planning - V. Wayne Cilimberg Housing - Ginnie McDonald Zon'mg - Amelia G. McCulley Soil/Water - Alyson Sappingmn Extension Service - Charles W. Goodman Gypsy Moth - Steven G. Meeks Community Agencies Public Safety Juvenile Detention Home - Robert W. Tucker, Jr. Community Attention - Jack Gallagher OAR - Patricia Smith Human Services l'homas Jefferson Health District - Dr. Susan L. McLeod Region Ten Community Services - James R. Peterson Children and Youth Commission - Rory Carpenter Charlottesville Free Cl'mic - Betty Newall Sexual Assault Resource Agency - Annette G. Grimm District Home - Robert W. Tucker, Jr. Salvation Army - Capt. Steve Smith Jefferson Area United Transportation - Mark McGregor Jefferson Area Board on Aging - Gordon Walker Madison House - Cindy Frederick reensight - Alicia Lngo Shelter for Help in Emergency - Carti Lorn'mack Charlottesville/Albemarle Legal Aid Society - Alex R. Gulotta United Way Child Care Scholarship Program - John Nafsziger ALBEMARLE COUNTY BOARD OF SUPERVISORS FY 96-97 BUDGET WORKSESSION SCHEDULE MONDAY, MARCH 1:00 Budget Overview of Major Issues - Robert W. Tucker, Jr. 1:15 County Administration Departments Board of Supervisors - Ella W. Carey County Executive - Robert W. Tucker, Jr. Human Resources - Juliet C. Jenn'mgs County Attorney - Larry W. Davis Department of Finance - Melvin A. Breeden Information Services - Fred Kruger Registrar- James M. Heilman 1:45 County Judicial Departments Circuit Court - Sharon M. Frazier General District Court - Sterling M. Hudson Magistrate - Valerie Cunningham Juvenile & Domestic Relations Court - Ann F. Patton Clerk of Circuit Court - Shelby J. Marshall Commonwealth Attorney - James L. Camblos, III Sheriff- Terry W. Hawkins 2:15 School Division - Dr. Kevin C. Castner, Ms. Karen Powell 3:30 QuIP Presentation (Auditorium) Children, Youth & Family Services - Cathy Bodldn Parks/Recreation and Culture Jefferson-Madison Regional Library - Donna M. Selle Virginia Discovery Museurn- Peppy Linden Piedmont Conncil of the Arts - Cat Maguire Literacy Volunteers of America - Jacqueline Dugery WVPT- Arthur Albrecht Visitor's Bureau - Bobbye Cochran Community. Development Thomas Jefferson Pla~'mg District Commission - Nancy K. O'Brien Jefferson Area Economic Development Association - Dr. Deborah DiCroce Charlottesville Transit Service - Helen H. Poore MACAA - Kenneth Aekerman AHIP - Theresa Tapscott 1:00 MONDAY, MARCH 18 Review and Discussion Remaining agancies/deparunems, if needed. Matters for Consideration from Other Work Sessions Proposed Allocation of Board's Reserve Fund Setting of Tax Rates for Public Hearing WEDNESDAY, MARCH 20 1:00 Meeting Scheduled for Other Matters, if necessary RWWldbm 96.009-B 02/~6/199~ ~2:42 80478B4640 SENATE ~F VIRGINIA PAGE: 02 SENATE: OF VIRGINIA FebmaO'16, [996 Mr. Kohe~ W. Tucker, ~r. ~te County Executive 401 Mcht~ Road Ct~-tot~©sviIle, Vitgiai~ 22902-4396 I,"~,', Facsimile: 804-296-5800 Tucker, Following up on out conv~sation yesterday, I am wrlti.__~ about proposed legishtion to authorize a Public Defender Office in thc Charlottcs-,~ll~-Albemade al'~, This ~ I was stwprised to read in the l~ily Progress tt~ tho Albemarle Co-~y Board of Supervisors opposed the cremation oFthls office. A.s you probably l~ow, a !rubllc Deftmder Office for our area has bccm approved by the General Assembly duri~ its past two sessions only to be vetoed by the Go¥. Allen premls~ [lis first yeto on the lack ofendors~mem afthe P~blic .D~endex Office by the local b~r a.~o~i~tion; in fact the bar aaso~tion had not h~d time to study ~he propossl and, as a result, did not weigh ht with its support. The second time that the l~ablic Defender Office was approved, the Charlottesville-Albemarle Bar Association had considered its position and endorsed the establishmem of the office, but the Governor vetoed it -- this time because he said it cost too much mon~-y. Under ~ year's proposal, the initial start-up costs of the Public Defender Office will be phas~ in to minimize them. More importantly, lhiblic Defender Ot~e.~ througl~ut the Commonwealth have been gaown to ~ve money within two to three years of their ~reation when compared with the costs of payin~ court appointed attorneys. For the four fiscal years ending June 30, 1994, the combined estimated savings for indi~e~lt defense m the jurisdictions served by Public Deibnder Offi~e~ was approximately $8 million, accordin__g to Ovenon Pollard, Executive Director of the Xr~rgLuia Public Dufendcr Co~ulssion. I support the ~t~blL~uncm of s Publiv Def~nd~ Office precisely bcc~atsc it will s~ve the state money while providJ~ le~tly required, consistent represerltation. 02/~6/199~ 12:42 8047864640 SENATE OF VIRGINIA PAGE 03 Some brid'historical notes ofintcrest: In 1972 enabling lef~islation prey/deal for the establishment of three Fablic Defelxler offices. The prol/l'~m ~radually exp~nded over the years, with most 0ftbe expansion occurr~ subsequent to 1985. Currently, 19 Public Ddend~r Offices ~ 44 jmi~ctions, In 1958 the Virginia Bar Associationconduoted a study on hdtgea defense and recommended establiahh~ Ih~blic Defender office~ in ~ufisdi~o~ where it could be shown to be cost-effective and where there is a preference or demonstrat~l need ibr such offices, In 1989 a report of The ~Coml~ission o~ the l~umre of Vir~'nia's ]udic~l System recommended establishment ofPubllc Ddendet Oiilc~s in all circuits as the primary source of indi/~ent defense services. In 1990 a report of The D~partment of Pl.nnlnl~ and Budt/~ on lndit/~nt Del]m~e Syst~l~ bi V'u~'~is (House Document No. 44) identitled 22 jur/sdiction: or combiaatio~ ofjurisdi~tio~ which would hav~ a pot~nthl sar'mss oi' $t,9 million i~Publlc Ddbnder Offices were established. Charlottesville/Albemarle was one of the 22 ar,i~s listed. Fredericksburg and Lynohbur~ w~re also m~fio~d amcn/~ thost 22 ar~as. ~ o~o~ have ~ ~tablish~l in both locations. Ifthe experience in Lynchburg carries over to the Charlottesville-Albemarl~ area (and the sta/~/; would be very s'ir~lar), 'the added spproprlation/'or start-up costs would be r~x:ouped within thre~ years. I am somewhat p.==led that the Board of Supervisors tuis been put in a position of opposir~ in a very public way an expenditure for a state-admini~.~.xl program tht re.aires absolutely uo local fund~. I am also disappoint~ thai, despite the dose working relationships w~ have t~tablished with rel/ard to a n~mher of issue, it is only after the C-eneral Assembly session is two-thirds complete that I have learned of your opposition. My efforts w help with the ~tablishment of a Public Defender Office ia our area have b~n quite public since early Saaua~. I ask you not to staxld in the way of a state e/t'ort to provide cos~-efficJent and qualiUy legal s~rvices for the iadi§ent oiminal defelldants in our area. Pleas~ feel free to contact me with any additional questions or conccms you may have rei{ardiug this matter, as I would welcome the opportunity to clear up any m/sconcepfions about thc Charlottesville-Albemarle Public Defender Office. I look forward to hearin~ from you. · 2 David P. Bowerman Charlotte ¥. Humphris Fattest R. Marshall, dr. COUNTY OF ALBEMARLE Office of Board of Supervisors 40I McIntire Road Charlottesville, Virginia 22902-4596 (804'~ 296-5843 FAX 1804~ 296-5800 MEMORANDUM Charles S. Martin Rivarma Walter F. Perkins White Ha Sal¥ H. Thomas Samuel Miller TO: Board of Supervisors FROM: Ella W. Carey, Clerk, CMC~~/ DATE: February 16, 1996 SUBJECT: Reading List for February 21, 1996 July 12, 1995 - Mrs. Thomas ~ /~-~ September 19(A), 1995 - Mr. Mar¢in October ii(A), 1995 - Mr. Marshall--------~-~ November 29(A), 1995 --Mrs. Thomas- EWC:mms Printed on recycled paper DATE AGENDA I'l'~M NO. AGENDA IT~ NAME DFm'~U(Rwo UNTIL ]~ormi3 7/25/86 FEBRUARY ;2 I, 1996 EXECUTIVE SESSION MOTION I Move THAT THE BOARD go iNtO EXECUTIVE SESSION pursuant to SECTION 2. I -344(A) Of the CODE Of VirgiNia UNder SUBSECTION (7) tO CONSULT WIth legal COUNSEl and STAFF REGARDING SPECIFIC LEGAL MA~ERS RELATING TO REVERSION AND RELATING TO A PUBLIC SAFETY AGREEMENT.