1995-02-08 000044
February 8, 1995 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on February 8, 1995, Room 7, County Office Building,
McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs.
Forrest R. Marshall, Jr., Charles S. Martin, Walter F. Perkins and Mrs.
Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. Call to Order. The meeting was called to order at
7:04 p.m., by the Chairman, Mr. Perkins.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4.
PUBLIC. There were none.
Other Matters Not Listed on the Agenda from the
Agenda Item No. 5. Consent Agenda. Mrs. Humphris made motion, seconded
by Mrs. Thomas, to approve items 5.1 through 5.2a, and to accept the remaining
item as information. Roll was called a~d the motion carried by the following
recorded vote:
AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman.
NAYS: None.
Item 5.1. Request to amend resolution for Industrial Access Funding for
GE Fanuc to split fiscal years. It was noted in a staff report that on
December 14, 1994, the Board adopted a resolution requesting that the Common-
wealth Transportation Board provide Industrial Access funding in the amount of
$267,000 for improvements related to a significant expansion at GE Fanuc. At
that time, staff recommended that those funds be requested from Albemarle
County's 1995-96 allocation of $300,000 in unmatched state funds. Since that
time, staff has been advised that it is possible to request that $100,000 be
taken from 1994-95 (current year's allocation) and the remaining $167,000 be
taken from 1995-96. The advantage of splitting the request in this fashion is
that using unallocated funds in the current year will allow the Board flexi-
bility in approving any future requests which might come forward in 1995-96
since there will be $133,000 left unallocated under this recommendation rather
than only $33,000 if all of GE Fanuc's request comes from 1995-96.
GE Fanuc officials have been advised of this recommendation and are
supportive of request that funding be split over two fiscal years, if approved
by the Commonwealth Transportation Board.
Staff recommends the resolution be adopted and forwarded to the Common-
wealth Transportation Board for approval.
The following resolution was adopted by the above recorded vote:
WHEREAS, GE Fanuc owns property in the County of Albemarle
and is in the process of entering into contracts to expand its
facilities on that property for the purpose of expanding its
product lines; and
WHEREAS, this new facility is expected to involve a new
private capital investment in land, building and manufacturing
equipment exceeding $50.0 million; and
WHEREAS, GE Fanuc is expected to employ an additional 250
persons at this facility; and
WHEREAS, manufacturing operations are expected to begin in
this new facility to be phased between 1994 and 1997; and
WHEREAS, the existing public road network does not provide
for adequate access to this facility and it is deemed necessary
that improvements be made to Route 763; and
WHEREAS, the County of Albemarle hereby warrants that the
necessary right-of-way for this improvement and utility reloca-
tions or adjustments, if necessary, will be sought from non-County
funds if the project is to proceed.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors hereby requests that the Commonwealth Transpor-
tation Board provide Industrial Access Road Funding in the amount
of $267,000 to provide an adequate road to this expanded manufac-
turing facility with $100,000 of said funds to come from the
000045
February 8, 1995 (Regular Night Meeting)
(Page 2)
State's 1994-1995 allocation and the balance from the 1995-96
allocation.
Item 5.2a. Appropriation Request: FY 1994-95 Capital Projects. It was
noted in a staff report that a mid-year review of capital programs has been
completed. This review is done annually to adjust appropriations based on the
current status of the project. Some projects have been completed with minor
overexpenditures for unanticipated expenses; other projects have been complet-
ed for less than the projected expense.
Staff recommends the Board adopt a Resolution of Appropriation in the
amount of $120,840.42, which reallocates funds among various FY 1994-95 pro-
jects, approves the use of funds to replace a chiller at Western Albemarle
High School and returns $120,840.42 to the Capital Improvements Program Fund
Balance.
By the recorded vote set out above, the following resolution of appro-
priation was adopted: '~ ~
APPROPRIATION REQUEST
FISCAL YEAR: 1994-95
NUMBER: 940049 ~
FUND: CAPITAL
PLTRPOSE OF APPROPRIATION:
MID YEAR ADJUSTMENTS TO CIP PROJECTS
EXPENDITURE
COST CENTER/CATEGORY
1900043100800901 CTY OFFICE BLDG
1900060100800671 SCHOOL BOARD
1900060100950014
1900060100950042
1900060201312350 BROADUS WOOD
1900060201800200
1900060201800605
1900060201800700
1900060211800901 STONY POINT
1900060215800605 AGNOR-HURT
1900060252800901 HENLEY
1900060253800605 JOUETT
1900060255312350 SUTHERLAND
1900060255312375
1900060255580000
1900060255800605
1900060255800670
1900060255999999
1900060301312350 ALBEMARLE
1900060301800200
1900060301800605
1900060301800901
1900060302800901 WAHS
1900060302800905
1900060302950020
1900060303800660 MURRAY
1900060303800901
1900060303800903
1900062420800901
DESCRIPTION
RENOVATIONS
WATER LINES
SOIL MONITORING
UNDERGROUND TANKS
PLANNING
FURN & FIXTURES
CONSTRUCTION
ADP EQUIPMENTS
RENOVATIONS
CONSTRUCTION
RENOVATIONS
CONSTRUCTION
PLANNING
TESTING
MISC
CONSTRUCTION
UTILITIES-CONST
CONTINGENCY
PLANNING
FURN & FIXTURES
CONSTRUCTION
RENOVATIONS
RENOVATIONS
CLASS RECONFIG
ROAD CROSSING
ALTERATIONS
RENOVATIONS
ASBESTOS REMOVAL
AMOUNT
$ 26,250.00
(55,727.44)
(74,414.59)
25,000.00
(343.99)
250.00
(12,439.33)
239.25
(3,252.72)
10,000.00
1,167.00
4,130.00
(27,857.68)
(6,593.23)
(32,080.57)
78,818.23
(388.47)
(187,367.96)
(3o0.00)
(960.00)
12,254.45
(2,' 114.28)
136,188.25
(7,529.02)
(8,360.64)
(2,940.26)
12,041.60
(9,101.34)
4,592 . 32
FACILITY MAINT RENOVATIONS
TOTAL ($120,840.42)
REVENUE DESCRIPTION AMOUNT
2100051000510100 CIP FUND BALANCE ($120,840.42)
TOTAL ($120,840.42)
Item 5.2b. Appropriation Request: At-Risk Four Year Old Planning Grant.
It was noted in a staff report that during the 1994 General Assembly Session,
as part of the recommendation from the Commission on Equity in Education,
$10.3 million was allocated across the state for quality preschool programs
for at-risk four-year old children. This Virginia initiative, which is
intended to increase at-risk children's potential for success in school,
allocates funds to localities based on serving 30 percent of the local at-risk
four-year olds as identified by the school free lunch statistics. Funding is
on a per child allocation of $5400 to be shared by the state and local
government based.on the composite index. Albemarle County, one of the 103
localities identified as eligible for the state funds under this initiative,
may use the funds to either initiate new or expand existing programs. Pro-
grams developed under this grant must be community based and must demonstrate
interagency coordination. The Program must include quality preschool educa-
tion, health services, social services, parental involvement and transporta-
tion and operate at least the full school day and school year. 106 children
have been identified as being at-risk and unserved in Albemarle County, 30
percent of whom, or 32, would be eligible to receive services under this
grant.
(Page 3)
Staff recommends the Board adopt a Resolution of Appropriation in ~he
of $5000 for the planning grant to develop a program design and
implementation plan for an at-risk four-year old program. If, at the end of
the planning grant, the submitted application is approved and funded by the
state, the Board is under no obligation to provide the matching funds. The
Board will have the opportunity to review the program design in May and to
determine at that time if it wishes to support or deny local funds for the
project.
By the recorded vote set out above, the following resolution of appro-
priation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1994-95
NUMBER: 940050
FUND: GENERAL ' : ~ ..... ......
PURPOSE OF APPROPRIATION: PLANNING GRANT FOR AT-RISK FOUR-YEAR
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION
1100059010567205
REVENUE
2100024000240121
AMOUNT
AT-RISK PLANNING GRANT $ 5,000.00
TOTAL $ 5,000.00
DESCRIPTION AMOUNT
STATE AT-RISK PLANNING GRANT $ 5,000.00
TOTAL $ 5,000.00
Item 5.2a. Resolution to take Beau Mont Farm Road in Beaumont Farm
Subdivision (SUB-90-022) into the State Secondary System of Highways, was
adopted by theabove recorded vote.
WHEREAS, the street in Beaumont Farm Subdivision (SUB-90-022)
described on the attached Additions Form SR-5(A) dated February 8,
1995, fully incorporated herein by reference, is 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 street meets 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 road in Beaumont Farm Subdivision as described
on the attached Additions Form SR-5(A) dated February 8, 1995, to
the secondary system of state highways, pursuant to §33.1-229,
Code of Virginia, and the Department's Subdivision Street Re-
quirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary ease-
ments 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.
The road described on Additions Form SR-5(A) is:
1) Beau Mont Farm Road from the edge of pavement of State
Route 676, 4397 lineal feet to the end of the cul-de-sac
as shown on plat recorded 7-27-90 in Deed Book 1112, pages
205-216, in the Office of the Clerk of the Circuit Court
of Albemarle County, with a right-of-way width of 50 feet.
Other drainage easements in Deed Book 1431, pages 210-213,
and, in Deed Book 1452, pages 193-207.
Total mileage, 0.83 mile.
Agenda Item No. 6. Public Hearing to receive comments on a request to
transfer property currently owned by the County of Albemarle and the City of
Charlottesville to the American National Red Cross. The property is located
at the intersection of Rose Hill Drive and Madison Avenue in the City of
Charlottesville, Virginia, and consists of approximately 13,498 square feet in
area, and designated as Parcel 82 on City Real Estate Tax Map 37. (Advertised
in the Daily Progress on January 23 and January 30, 1995.)
Mr. Tucker said the Central Virginia Chapter of the American Red Cross is
seeking the donation of the property from City Council and the Board of
Supervisors for the purpose of future on-site parking improvements. The
000O4'7
February 8, 1995 (Regular Night Meeting)
(Page 4)
intent of the Red Cross is to exchange a portion of the top of two parcels for
a like-size parcel owned by a third party which is contiguous to the rear of
the existing Red Cross property. The Red Cross believes this exchange will
allow them to create a secure parking compound behind and to the east of its
property.
The Albemarle County School Board has declared the property surplus as
required by state law and has conveyed the parcel to the Board of Supervisors;
the Charlottesville School Board has taken similar action.
The property transfer would be accomplished by a Quitclaim Deed, which
conveys only that right, title or interest which the County has, and which
does not require that the County pass good title. No warranties of title are
to be conveyed. The Red Cross has undertaken initial environmental site
assessment at the property since it was apparently once used as a dump site in
the 1920's. The Red Cross has indicated that it will do additional testing
once City Council and the Board of supervisors approve the conveyance of the
property to the organization. The Red Cross understands that neither the
County nor the City will be expected to pay any of these testing costs.
Mr. Tucker said staff recommends the Board adopt a Resolution and convey
the property by deed of gift to the Red Cross.
At 7:07 p.m., the public hearing was opened. There being no comments
from the public, the public hearing was closed.
Mrs. Thomas said she wanted to make sure that this is not something the
school is concerned about. Mr. Tucker said it is a tiny piece of land and
there is nothing that can be done with it. The land was left when Madison
Avenue was built. ·
Mrs. Humphris made motion, seconded by Mr. Bowerman, to adopt the follow-
lng Resolution and convey the property by deed of gift to the American Red
Cross. Roll was called and the motion carried by the following recorded vote:
AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman.
NAYS: None.
WHEREAS, by Resolution dated October 10, 1994, the School
Board of Albemarle County, Virginia declared surplus a certain
parcel of real estate located in the City of Charlottesville and
more fully described below;
WHEREAS, by Deed dated November 14, 1994, and recorded in
Deed Book 139, page 271 in the Circuit Court for the City of
Charlottesville, Virginia, the School Board of Albemarle County,
Virginia, conveyed the parcel to the County of Albemarle, Virgin-
ia, pursuant to Virginia Code Section 22-1-129, as amended;
WHEREAS, the Central Virginia Chapter of the American Nation-
al Red Cross is seeking the donation of this parcel of real estate
from the Board of Supervisors of Albemarle County, Virginia, and
from the City Council of the City of Charlottesville, Virginia,
for the purposes of future on-site parking improvements.
NOW, THEREFORE BE IT RESOLVED, that the County of Albemarle,
Virginia, hereby authorizes the conveyance of its interest in the
property described below to the Central Virginia Chapter of the
American Red Cross:
All that certain lot or parcel of land in the City of
Charlottesville, Virginia, shown and designated as Lot 13
and Lot 12, Block 42, "Rose Hill," being in all respects
the same property conveyed to the Trustees of the County
School Board of Albemarle County, Virginia, by deed re-
corded in the Clerk's Office of the Circuit Court of the
City of Charlottesville, Virginia, in Deed Book 139, page
271, being a portion of the property identified as Tax
Map 37, Parcel 82, on plat of Kirk Hughes & Associates
dated March 4, 1994; and conveyed to the County of
Albemarle by deed dated November 14, 1994, and recorded
in the aforesaid Clerk's Office in Deed Book 643, page
270.
BE IT FURTHER RESOLVED, that the Chairman of the Board of
Supervisorsof Albemarle County, Virginia is hereby authorized to
sign a deed on behalf of the County of Albemarle, Virginia,
conveying the above-described Property to the Central Virginia
Chapter of the American National Red Cross. The Clerk of the
Board is directed to record a copy of this Resolution along with
the deed to the property with the Clerk of the CircUit Court of
the City of Charlottesville.
(Note: The deed of gift by the City of Charlottesville, Virginia, and
the County of Albemarle Virginia, Grantors, and American National Red Cross,
Grantee is on file in the Clerk's office.)
000048
February 8, 1995 (Regular Night Meeting)
(Page 5)
Agenda Item No. 7. ZMA-94-14. Highlands West Land Trust (applicant),
Lady B. Walton (owner). (Deferred from December 21, 1994.) (Defer until
March 15, 1995.)
Mr. Martin made motion, seconded by Mr. Marshall, to defer ZMA-94-14,
Highland West Land Trust, until March 15, 1995. Roll was called and the
motion carried by the following recorded vote:
AloES: Mrs. Humphris, Messrs. Marshall~ Martin, Perkins, Mrs. Thomas and Mr.
Bowerman.
NAYS: None.
Agenda Item No. 8. SP-94-35. Quarry-Direct Monument Company. (Appli-
cant req//ests withdrawal.)
Mr. Marshall made motion, seconded by Mrs. Humphris, to approve the
applicants request to withdraw SP-94-35 for Quarry-Direct Monument Company.
Roll was called and the motion carried by the following recorded vote:
AYES: Mrs. HUmphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman.
NAYS: None.
Agenda Item No. 9. SP-94-37. Centel Cellular Company of Charlottes-
ville. Public Hearing on a request to construct a communication
tower/antennas & support bldgs on 234.16 ac zoned RA located on S sd of Rt 53,
is Carter's Mtn. TM91,P28. Scottsville Dist. (Advertised in the Daily
Progress on January 23 and January 30, 1995.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and a part of the permanent records of the Board. The applicant has
submitted a description and justification for the request. The plan submitted
indicates a revised building size. The applicant proposes to construct a
tower approximately 180 feet tall and an equipment building. The tower is to
be designed to accommodate cellular telephones.
The applicant currently has equipment on another tower on Carter's
Mountain. That tower is unable to accommodate the additional equipment needed
to handle the increased usage of cellular technology. For that reason, the
applicant is proposing a new tower.
Mr. Cilimberg said staff recommends approval of this special use permit
request and modification of Section 4.10.3.1, subject to the following
conditions of approval for the special use permit:
1. Tower height shall not exceed 200 feet;
2. Compliance with Section 5.1.12 of the. Zoning Ordinance;
3. There shall be no lighting of the tower unless required by a federal
agency. All tower lighting shall be shielded so as to minimize
visibility from the ground;
4. Staff approval of additional antennae installation. No administrative
approval shall constitute or imply support for, or approval of, the'
location of additional towers, antennae, etc., even if they may be
part of the same network or system as any antennae administratively
approved under this section;
5. The tower must be designed and adequate separation provided to proper-
ty lines such that in the event of structural failure, the tower and
components will remain within the lease area; and
6. Tower shall be located within lease area shown on Attachment C (on
file).
Mr. Cilimberg said the Planning Commission, at its meeting on January 10,
1995, unanimously recommended approval of SP-94-37, subject to the conditions
recommended by staff.
Mr. Perkins then opened the public hearing.
Mr. Dick Gibson, representing the applicant, said the tower is needed in
order to accommodate growth. Sprint's growth in this area has been over 50
percent and it is projected to continue at this amount. Nationally there are
17,000 new cellular telephone subscribers activated daily. Nationally, of all
the new telephone numbers assigned, two-thirds of those are cellular as
opposed to one-third which is conventional land-line numbers. Cellular
communication is the wave of the comm~mications future. People associated
with the cellular industry predict that by the year 2000 there will be 80
percent cellular penetration in all households in America. The tower proposed
is a 180 foot tower and is not the tallest tower on Carter's Mountain. The
tower is not required to be lit because it is under 200 feet. The purpose of
the tower is to enable Sprint to install equipment to improve communications.
The current tower in which Sprint leases space is not adequate and is current-
ly at capacity.
000949
February 8, 1995 (Regular Night Meeting)
(page 6) . nih Commission recommended approval of
,,~ ~h~on said staff and t~e plan_.=~_ ~o the conditions recom~e~d-
u~.~ - =- _ - ~ctions vo~u=u ~ z those ~n
There have peen no um~
special use permit have been satisfied and staff's report analyzes
' t would also need a Section 4.10.3.1 setback modification
some detail. Sprln ..... ~ which requires that the tower collapse into
the 1:1 setback). !~e_c~?~"could be satisfied. There are other facili-
itself in the evenu u= within the 1:1 setback as well and this
ties on Carter's Mountain that are distributed a photo of the location of
..... ~v hin~ unusual. He the~ ....... ~a as the visual aspec~ or
he roposed towe~. _~. .... ~h~ e are currently ten tow=~ ......
~ori~on on Carter's Mountain ..... r
Mountain. He is available to answer any questions the Board may have and
requests approval of the application.
At 7:16 p.m., with no further comments from the public, the public
hearing was cl°sed. '- · . ed it would collapse into itself in the
Humphris asked how could an 180 foot tower, 75 feet from the proper-
Mrs. ~e bu~lt so that if mt collars ........ ro~ertv. Mr. Gibson said
ty line, ~ failure and not go over onto aa3mu=~ m ~ ~he tower is designed
event of ·
they have submitted tower safety information to staff
in sections and is engineered such that if there is a failure, it is usually
. s are virtually impossible, but if it were to occur the
at the top. Failure . ' low it and so forth. The tower
top section would bend over znto the section be It
would essentiallycollapse in a pile rather than falling straight over.
can be thought of as a hinge device. There are sophisticated standards that
each tower have to meet. sprint is very conservative in its tower designs, in
fact, it loads the tower and gives the engineer all of the assumptions and
once the tower is designed to the standards, sprint adds one-half inch of ice
to the entire tower and then it is re-engineered and constructed to that
standard. ThiS creates stability, sprint has never had a tower failure.
Mrs. Humphris made motion, seconded by Mrs. Thomas, to approve SP-94-37,
harlottesville, subject to the six conditions
ellular Company of C . the motion
~-*~1 C . --~ was called and
~=~ __m_~ b~, the Planning Commission. au~
recommenu== =
carried by the following recorded vote:
AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman ·
NAYS: None.
(Conditions of approval are as follows:)
1. Tower height shall not exceed 200 feet;
2. Compliance with Section 5.1.12 of the zoning ordinance;
3. There shall be no lighting of the tower unless required by a federal
agency. All tower lighting shall be shielded so as to minimize
visibility from the ground;
4. staff approval of additional antennae installation. No administrative
approval shall constitute or imply support for, or approval of, the
location of additional towers, antennae, etc., even if they may be
part of the same network or system as any antennae administratively
approved under this section;
5. The tower must be designed and adequate separation provided to proper-
ty lines such that in the event of structural failure, the tower and
components will remain within the lease area; and
6. Tower shall be located within lease area shown on Attachment C (on
file).
Agenda Item No. 10. Executive Session: Legal Matters.
At 7:15 p.m., Mr. Bowerman made motion, seconded by Mrs. Humphris, to go
into executive session pursuant, to Section 2.1-344(A) of the Code of Virginia
under subsection seven to consult with legal counsel regarding a specific
legal matter relating to a land use issue. Roll was called and the motion
carried by the following recorded vote:
AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman.
NAYS: None.
Agenda Item No. 11. Certify Executive Session.
At 8:10 p.m., the Board reconvened into open session and adopted the
following Certification of Executive Meeting.
MOTION: Mr. Marshall
SECOND: Mr. Bowerman
MEETIN~ DATE: February 8, 1995
February 8, 1995 (Regular Night Meeting)
(Page 7)
000050
CERTIFICATION OF EXECUTIVE MEETING
I move that the board certify by a recorded vote that to the
best of each board member's knowledge only public business matters
lawfully exempted from the open meeting requirements of the
Virginia freedom of information act and identified in the motion
authorizing the executive session were heard, discussed or consid-
ered in the executive session.
VOTE:
AYES:
Mrs. Humphris, Messrs. Mar~ha11, Martin, Perkins,
Thomas and Mr. Bowerman.
NAYS: N°ne ·
'ABSENT DURING VOTE: None.
ABSENT DURING MEETING: 'None.
Agenda Item No 12~ Other Matters Not Listed on the Agenda from the
BOARD.
Mrs. Thomas asked Board members if they had any problems with security
lights in rural areas being a nuisance to neighbors. The Board members
indicated that they had not encountered any such problems.
Mrs. Humphris said she wanted to commend the assessors in the Real Estate
office for the job they did during this last reassessment.
Agenda Item No. 13. 'Adjourn to February 13, 1995, 5:00 p.m. for Joint
Meeting with School Board.
At 8:15 p.m., with no further business to be discussed, Mr. Bowerman made
motion, seconded by Mr. Martin, to adjourn to February 13, 1995, 5:00 p.m.,
for a Joint Meeting with the School Board. Roll was called and the motion
carried by the following recorded vote:
AYES: Mrs. Humphris, Messrs. Marshall, Martin, Perkins, Mrs. Thomas and Mr.
Bowerman ·
NAYS: None.
Chairman