1993-07-21July 21, 1993 (Regular Night Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on July 21, 1993, at 7:00 P.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, Forrest R.
Marshall, Jr., and Walter F. Perkins.
ABSENT: Mrs. Charlotte Y. Humphris and Mr. Charles S. Martin.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, George R. St. John; and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 P.M. by the
Chairman, Mr. Bowerman.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
PUBLIC.
Mr. Kevin Cox commented that the Clerk's office was doing a good job
informing the public of.impending meetings, providing agenda information and
public notices. He appreciates the fact that the Clerk's office goes beyond
the legal requirements of providing information to the public. At the last
Board meeting he credited the County Executive's office with providing this
information.
Mr. Truby Kegler asked the Board to do whatever it could to make land in
the County more available to low income and middle income persons by easing
the two-acre and 21-acre lot requirements.
Ms. Cynthia Hash presented a statement (copy on file) in opposition to
the "T" connector roads for the Meadow Creek Parkway and expressed concerns
about how the "T" connector would invite more criminal activity into the
neighborhood.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Bain,
seconded by Mr. Marshall to approve Item 5.la and accept the remaining items
on the consent agenda for information. A separate motion was taken on Item
5.1. Discussion on individual items are included with that item. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
ABSENT: Mrs. Humphris and Mr. Martin.
Item 5.1. Resolution to take roads in Forest Lakes Phase I into the
State Secondary System of Highways.
Mr. St. John expressed concerns about language in the resolution. The
language reading, " ...guarantees a clear and unrestricted right-of-way ....
any necessary easements for cuts, spills and drainage .... "is open-ended and
he does not feel the Board knows what it is guaranteeing.. He thinks the Board
should know at the time it passes a resolution what easements are being
guaranteed. This resolution is in a new format approved by the Department of
Transportation.
Mr. Bain suggested this item be deferred until August 4 to give staff
time to work on appropriate language in the resolution. The Board also
requested staff to find out VDoT's justification for changing the format of
the resolution.
Motion was offered by Mr. Bain, seconded by Mr. Marshall, to defer Item
5.1 until August 4, 1993. Roll was called and the motion carried by the
following recorded vote:
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
ABSENT: Mrs. Humphris and Mr. Martin.
Item 5.la. Set a public hearing for August 11, 1993, on a proposed
ordinance to allow the creation of "districts of local significance" or mini-
agricultural/forestal districts. The following executive summary was received
from Mr. Tucker:
"BACKGROUND: For the 1992 legislative session, Albemarle County
requested two pieces of legislation to enable the County to
rectify some of the perceived inequities in the land-use value
taxation program. One was the elimination of land-use value
taxation in the growth areas; the other was enabling legislation
July 21, 1993 (Regular Night Meeting)
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which would allow the County to create 'districts of local signi-
ficance'', sometimes called mini-ag/forestal districts. These two
proposed legislative changes were to be complementary, as you
know, the growth area legislation did not pass; the mini-ag/
forestal districts did.
Although the County received the authority in 1992 to establish
mini-ag/forestal districts, a County ordinance was not proposed at
the time for two reasons: 1) the initial need for it in the
absence of the companion growth area legislation was mute; and 2)
the consensus was "a wait and see approach" to determine the
future need for these type of districts.
DISCUSSION: With the passage of the 1993 legislation authorizing
the elimination of land-use value taxation in commercial, indus-
trial and planned use zoning districts, having the authority by
local ordinance to establish mini-ag/forestal districts may
provide an option to the owners currently subject to elimination.
Based on State Code, the County may establish a local district
program that adheres to the following provisions:
A landowner may submit an application for the creation
of an ag/forestal district with a minimum of 25 acres.
The application must go through the same advertising
and public hearing process with the Planning Commis-
sion and Board of Supervisors as regular ag/forestal
districts, and use the established Ag/forestal Advi-
sory Committee.
No parcel within the district may be developed to a
more intensive use for eight years.
Land will automatically qualify for land-use, if it
meets the same requirements/criteria for agricultural,
forestal or open space use.
Upon termination at the owner's request, the property
is subject to roll-back taxes, as well as a penalty in
the amount equal to two times the taxes determined in
the year following the withdrawal. This applies to
all property previously in the district.
The criteria for the creation of a district are the
presence of significant agricultural or forestal lands
not now in active farming, the nature and extent of
land uses other than active farming within and adja-
cent to the proposed district, local development
patterns and needs, scenic and historic features, and
environmental benefits of preserving the land, and
other relevant matters.
Although the conditions and restrictions of the mini-ag/forestal
district legislation, make it doubtful that many of those affected
by the land-use elimination ordinance will wish to take advantage
of it, the benefits of having a local district ordinance could
apply to both the growth areas and the rural areas. In the growth
areas, it would allow the County to preserve small tracts of land
that provide open space, scenic, historic and environmental
benefits to the urban population. With a twenty-five acre minimum
acreage, small parcels of land would be encouraged to remain as
green space with the incentive of use-value taxation.
In the rural areas, these small districts could benefit the small
farmer or landholder who wishes to join an ag/forestal district,
but is not able to incorporate into a larger district for geogra-
phical reasons. This will also give the County the flexibility to
retain or preserve small areas of open space in rural areas that
have historical, scenic, or environmental benefits as determined
by the Comprehensive Plan.
REC0~R4ENDATION: Staff recommends taking the proposed ordinance on
the creation of districts of local significance (mini-ag/forestal
district) to public hearing on August 11 to be heard in conjunc-
tion with the proposed ordinance to eliminate land-use value taxa-
tion in certain zoning classifications."
By the above shown vote, the Board set a public hearing for August 11,
1993, on a proposed ordinance to allow the creation of "districts of local
significance" or mini-agricultural/forestal districts.
Item 5.2. Copy of Planning Commission minutes for July 8, 1993, was
received for information.
July 21, 1993 (Regular Night Meeting) O00~
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Item 5.3. Letter dated July 16, 1993, from Mr. Robert W. Tucker, Jr.,
to Mr. Dan S. Roosevelt, Resident Highway Engineer, re: Route 760 Improve-
ments, was received for information. (In his letter, Mr. Tucker asked Mr.
Roosevelt to make a brief presentation concerning these improvements at the
August 4, 1993 meeting.)
Item 5.4. Copy of Certified letter from Mr. James B. Skove, Secretary,
Industrial Development Authority of Albemarle County, Virginia, transmitting a
copy of Internal Revenue Service Form 8038 which has been filed with the IRS
in connection with issuance by the IDA of its $37,345,000 Hospital Refunding
Revenue Bonds (Martha Jefferson Hospital), Series 1993, was received for
information.
Item 5.5. Copy of minutes of the Board of Directors of the Albemarle
County Service Authority for May 20 and June 24, 1993, were received for
information.
Agenda Item No. 6. CPA-93-05. Mill Creek Commercial. Public Hearing
to amend the Comprehensive Plan Land Use Map to change the land use designa-
tion on approximately seven acres from Neighborhood Service to Medium Density
Residential in Neighborhood 4. The area is located on the West side of Route
742 (Avon Street ) between Mill Creek Drive and Southern Parkway and is a part
of Mill Creek PUD. Scottsville Dist. (Advertised in the Daily Progress on
July 6 and July 13, 1993.)
Mr. Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. The purpose
of this request is to permit the construction of residential units on the
site. The applicant has indicated that the property appears to be unsuitable
for commercial use due to the topography. There are certain areas that are
steep and would require a great deal of grading for commercial development.
The applicant believes that development is more suitable for designation as
medium density residential since development consistent with this designation
would have a lesser impact on the site than commercial scale development.
Mr. Cilimberg said staff opinion is that topography on the site makes
the opportunity to fully develop this parcel for commercial use cost prohibi-
tive. Also, vehicle trips per day onto Mill Creek Drive are limited due to
its present design, and access onto Southern Parkway would be difficult and
costly to achieve due to existing topography. Therefore, staff believes that
the site is more suitable for residential development. However, staff feels
that while the Mill Creek site may not be a prime location for commercial
development, it is important to provide adequate commercial services within
the Neighborhood 4 area.
Staff recommends amending the Comprehensive Plan to change the land use
designation on approximately 6.8 acres within the Mill Creek PUD from Neigh-
borhood Service to Medium Density Residential. Also, a new commercial area
shonld be designated within Neighborhood 4 to replace that lost at Mill Creek.
It is recommended that possible areas for future Neighborhood Service designa-
tion be undertaken as part of the upcoming review of the Comprehensive Plan.
Mr. Cilimberg said the Planning Commission, at its meeting on June 8,
1993, by a vote of six to one, recommended approval of CPA-93-05 to amend the
Comprehensive Plan Land Use Map designation from Neighborhood Service to
Medium Density Residential.
The Chairman opened the public hearing.
Ms. Marilyn Gale, of Roudabush & Gale, representing the applicant, said
after preparing the site plan and analyzing the site, they realized that
access to the site and on-site grading would cause some problems for commer-
cial use on the site. There is an existing cross-over on the north side of
Southern Parkway which was intended as an access to the site, but if that is
used, the entrance road would be 12 to 15 percent in slope, and there is
presently a 40 foot difference in elevation from one side of the site to the
other side. It seemed to her that residential development could accommodate
these sort of slopes much better than commercial development. The property is
also adjacent to an already approved section of Mill Creek village homes, and
it seems appropriate to have residential adjacent to residential. It also
seems more reasonable to look for another site for commercial on the other
side of Route 742 where the natural topography better accommodates commercial
sites.
Mr. Kevin Cox said there are a lot of sites in the County that are zoned
commercial and industrial, and are just like this site, i.e., topography,
access, etc., making them unbuildable and unusable. He hopes the Board look
at these sites during its review of the Comprehensive Plan.
There being no other public comments, the public hearing was closed.
Mr. Marshall said this property is located in his district. It is his
personal opinion that, due to the lay of the land, this property will not be
developed as commercial. He, also, does not believe that any of the property
in that area will be developed as commercial until a connector road between
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Avon Street and Route 20, or a connector to Fifth Street is installed. At
such time, he thinks the area may get enough traffic to accommodate commercial
use.
Mr. Marshall then offered motion, seconded by Mr. Bain to amend the
Comprehensive Plan Land Use Map to change the land use designation on approxi-
mately 6.8 acres within the Mill Creek PUD from Neighborhood Service to Medium
Density Residential in Urban Neighborhood 4. In addition, staff is to look
at, during review of the Comprehensive Plan, designating a new commercial area
within Neighborhood 4 to replace that lost at Mill Creek.
Mr. Bain commented on the large number of residential units located in
this area.
Mr. Bowerman commented that when the applicant originally requested this
designation, it was anticipated that the commercial use would just serve Mill
Creek. It was justified at that time that the use would not be a large-type
operation. He is concerned that space be found to accommodate this commer-
cial use that is being removed.
Mr. Marshall commented that other property along the road was looked at
and determined that it could be used for commercial. He does not believe the
demand warrants commercial designation in this area.
Mr. Bain asked if this development is part of Mill Creek or a separate
entity. The applicant responded that this is separate from Mill Creek, but
the builder for Mill Creek will be building these homes.
There being no further discussion, roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
ABSENT: Mrs. Humphris and Mr. Martin.
Agenda Item No. 7. ZMA-92-04. Ja-Zan Ltd. Partnership. Public Hearing
on a request to rezone 6.7 acres from PUD, Planned Unit Development, to R-6,
Residential (proffered). (This area is currently designated Commercial within
the Mill Creek PUD.) Property located on the West side of Route 742 (Avon
Street) between Mill Creek Drive and Southern Parkway. TMg0C,PsB&F. Scotts-
ville Dist. (Advertised in the Daily Progress on July 6 and July 13, 1993.)
Mr[ Cilimberg summarized the staff report which is on file in the
Clerk's office and a part of the permanent record of the Board. The dwelling
units proposed would be consistent with village homes single-family attached
units located just to the south. All lots will be restricted to access the
new internal roads with a single connection to Mill Creek Drive to serve the
site. This request would increase the total number of dwelling units in the
Mill Creek PUD from 315 to 327.
Mr. Cilimberg said staff has reviewed the submitted plan and can
identify no physical factors that prevent development of this site. The sub-
mitted plan provides for setbacks, landscaping, lot sizes and lot configura-
tion which is similar to the existing Village Homes I, which is adjacent, and
Village Homes III, which is located in Mill Creek South. The design for this
site is also similar to that for Village Homes II which is adjacent but
undeveloped. Staff opinion is that the proposed development is consistent
with the adjacent residential development. Staff supports this request and
recommends approval of ZMA-92-04 subject to the acceptance of the revised
agreements which are identical to the original agreements of the Mill Creek
PUD except as noted:
Residential7 and industrial, and ccmmcrcia! areas with their
attendant open space area shall be located in general accord
with the Application Plan as amended by the plan for Tax Map
90C, Parcels B and F titled Mill Creek Villaqe Homes IV
dated June 14, 1993. Industrial acreage may increase by not
more than two acres as a result of possible realignment of
the collector road.
Special use permit approval is required for establishment of
the day care center. In lieu of day care use, the number of
proposed single family detached units lost as a result of
final street design, ordinance regulation, or other factors,
excluding the desire of the developer, may be added to the
number of multi-family units, and located on this site.
Preliminary road layout reflects recommendation of County
Engineer and Planning staff. The residential street design
shall provide for two street connections (including the
potential collector road) to Avon Street in the approximate
locations shown on the Application Plan. The residential
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street layout shall employ patterns which shall provide
reasonably direct access from all residential areas to both
Avon Street intersections, and shall provide at least one
connection between the northeast and southwest portions of
the site in addition to the potential collector road.
Ail roads, with the exception of the potential collector
road, shall be built to Virginia Department of Highways and
Transportation standards and placed in the Secondary System
at the time of development to the residential areas utiliz-
ing those roads. Roads within Tax Map 90C, Parcels B and F
may be private.
6 o
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
connections.
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The maximum number of dwelling units approved under this PUD is
215 327.
Mr. Cilimberg said the Planning Commission, at its meeting on July 8,
1993, unanimously recommended approval of ZMA-93-04 subject to the agreements
recommended by staff.
Mr. Bowerman asked the applicant for comments. Ms. Marilyn Gale, of
Roudabush & Gale, representing the applicant, said the plan provides for
setbacks from the roadway and landscaping setbacks requested by the staff.
The ARB has given preliminary approval of the plan. There are 50 foot
setbacks from Route 742 and Southern Parkway, as well as the landscaping
easement. The applicant intends to save as many trees as possible, especially
along Route 742 so that the impact of the development will be as small as
possible.
The public hearing was opened. Ms. Karen Strickland, an Earlysville
resident, said she was dismayed with the cavalier attitude with which the
Comprehensive Plan was just changed. In her opinion the Comprehensive Plan is
a sacred document and should be changed for technical error or because some
other circumstance changes. There does not appear to be any residents from
Mill Creek to offer comments. She was present at the last Board meeting and
spoke concerning the situation at Broadus Wood. She asked that the Board
consider whether the advertising of this proposal was adequate to inform the
citizens. She asked if the Board has considered the impact on the schools
that this type development will have and the impact on the recreational areas.
She asked if the Board is considering the interests of the citizens as opposed
to the developer.
There being no other public comments, the public hearing was closed.
Mr. Marshall said, in response to Ms. Strickland, Mill Creek has an
active homeowners association and he has not heard any objection to this
proposal. Mr. Marshall then offered motion, seconded by Mr. Bain, to approve
ZMA-92-04 subject to the seven agreements recommended by the Planning
Commission.
Mr. Bowerman said Ms. Strickland points were well-taken. He believes
that the reason the residents of Mill Creek have not become involved in this
is because this is a net increase of 12 units and the units are identical to
the ones they are located beside and are in two other planned areas. This
request does not change the character of the development. He does not think
this is a dramatic change.
Mr. Tucker commented that adjacent residents to a proposed rezoning are
notified of the time and location of public hearings held by the Board and
Commission.
Mr. Perkins suggested that a larger sign be posted on the property
proposed for the rezoning.
Mr. Bain said he would like to see more emphasis put on improving
notification to property owners.
Mr. Cilimberg commented that, in addition to individual property owners,
staff also send out notifications to homeowner associations.
There being no further discussion, roll was called and the motion
carried by the following recorded vote:
July 21, 1993 (Regular Night Meeting)
(Page 6)
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
ABSENT: Mrs. Humphris and Mr. Martin.
(The agreements are set out in full below:)
1. Residential and industrial areas with their attendant open
space area shall be located in general accord with the
Application Plan as amended by the plan for Tax Map 90C,
Parcels B and F titled Mill Creek Village Homes IV dated
June 14, 1993. Industrial acreage may increase by not more
than two acres as a result of possible realignment of the
collector road.
Special use permit apprOval is required for establishment of
the day care center. In lieu of day care use, the number of
proposed single family detached units lost as a result of
final street design, ordinance regulation, or other factors,
excluding the desire of the developer, may be added to the
number of multi-family units, and located on this site.
Preliminary road layout reflects recommendation of County
Engineer and Planning staff. The residential street design
shall provide for two street connections (including the
potential collector road) to Avon Street in the approximate
locations shown on the Application Plan. The residential
street layout shall employ patterns which shall provide
reasonably direct access from all residential areas to both
Avon Street intersections, and shall provide at least one
connection between the northeast and southwest portions of
the site in addition to the potential collector road.
Ail roads, with the exception of the potential collector
road, shall be built to Virginia Department of Highways and
Transportation standards and placed in the Secondary System
at the time of development to the residential areas
utilizing those roads. Roads within Tax Map 90C, Parcels B
and F may be private.
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
connections.
The maximum number of dwelling units approved under this PUD
is 327.
Agenda Item No. 8. Discussion: Comprehensive Plan Review - Public
Participation and Coordination with City and University.
Mr. Tucker said subsequent to previous Board discussion regarding the
upcoming review of the Comprehensive Plan, staff has identified two items for
consideration by the Board. First, the use of a random sample public survey
that would be the initial basis for public participation in this review
process and, second, a joint City/County/University "community visioning"
process as a kick-off to respective plan reviews.
Mr. Tucker said services for developing, conducting and analyzing a
public survey are available from the U.Va. Center for Survey Research and
could be completed this fall whether designed solely for the County or as part
of a joint survey. Costs to the County are estimated to be under $20,000.
Funding is available from carry-over funds in the development department
budgets. If the Center for Survey Research is to be engaged in this process
for completion in October, the preliminary work needs to commence as soon as
possible.
The Planning and Coordination Council Technical Committee (PACC-TECH)
recently discussed the coordination of respective Comprehensive Plan/Master
Plan reviews by the City/County/University. During this discussion, the
opportunity to identify community issues through a "community vision" forum
was thought to be both timely and appropriate. This concept has been
forwarded to PACC for their consideration. Both the City and County Planning
Commissions have endorsed the proposal. Mr. Tucker said he has discussed with
a consulting firm the possibility of facilitating such a forum and their fees.
Mr. Tucker recommended that the Board endorse the use of both a citizen
survey and community vision forum to support the Comprehensive Plan review
process.
Mr. Bain asked if there is sufficient time for the Center for Survey
Research to undertake the survey or should it wait until November, after
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00O287
elections. He thinks it is important to take time and put out a good survey.
Mr. Cilimberg said it may be necessary to wait until November.
Mr. Bowerman said five years ago the Planning Commis-sion recommended
this survey be done, but the Board rejected it. He strongly urges that the
Board agree to the survey because it allows the opportunity to go to the
public, in a random way, to get a better idea of the feelings of the public
regarding these items.
Mr. Bowerman said he thinks the Board should have an opportunity to
review the information that will be included in the survey.
Mr. Cilimberg said one of the Commission members brought up the possibi-
lity of establishing a committee of the staff, a Board member and a Commission
member to work on the survey with the consultants. Mr. Bowerman said he
thinks the Commission and Board needs to agree on the general scope of the
survey and the items that will be covered, but the actual wording and
questions should appropriately be left to the consultant.
Mr. Bowerman asked if the Commission has discussed the process it will
use. Mr. Cilimberg said staff's intent was to wait and see how the Board felt
about doing the survey and the idea of community visioning. Staff is working
on some ways to publicize what comprehensive planning is all about so that
information can be provided to the public before the Fall. Mr. Cilimberg said
the Commission has not gotten into specific details. Mr. Bowerman asked what
is being recommended. Mr. Cilimberg said the Commission has discussed using
the same format as it used with the last review with the Commission divided up
into subcommittees and focusing on certain areas. The Commission is deciding
whether it will hold some meetings out in the community.
Mr. Marshall said he hopes the Commission takes the meetings out into
the community because if not, there will be a certain element of the society
left out of the discussions.
Mr. Tucker said staff is also attempting to get community input on each
growth area, neighborhood, village, community, etc.
At this time, it was the consensus of the Board to endorse the use of
both a citizen survey and community vision forum to support the Comprehensive
Plan review process. The Board indicated its desire to review the information
that will be included in the survey.
Agenda Item No. 9. Discussion: Schedule Work Session for Presentation
of Sverdrup's Recommendation on Meadow Creek Parkway.
Mr. Tucker said Sverdrup is nearing completion of its study on the
alignments for the Meadow Creek Parkway, Timberwood Parkway and the western
extension of the Meadow Creek Parkway. Staff recommends that the Board
schedule a joint work session of the Board and Commission to receive the
recommendation from Sverdrup.
Following some discussion on an appropriate date, it was the consensus
of the Board to schedule a work session with the Commission for August 11,
1993.
Agenda Item No. 10. Approval of Advanced Allocation for Scottsville
Fire Department.
Mr. Tucker said several years ago the County established a revolving
fund to be used by the ten volunteer fire and rescue companies in the County.
This fund, currently funded at $2.0 million, provides the volunteer companies
a means of acquiring needed fire-fighting equipment and buildings, interest
free, with repayments being deducted from their annual County appropriation.
Requests for disbursements from the fund are monitored and approved by the
Jefferson Country fire and Rescue Association (JCFRA). Scottsville Volunteer
Fire Department has requested, through JCFRA, an advance of $100,000 from the
revolving fund to purchase a new tanker truck. Repayment of the loan will be
over an eight year period beginning in FY 1994/95. Staff recommends authoriz-
ing the County Executive to execute the service agreement.
Mr. Marshall said he supports this request and hopes the Board will
approve it. There have been some discussions with the ~ounties of Buckingham
and Fluvanna about their contributing to Scottsville because of their use of
the service.
Mr. Tucker said currently Fluvanna County does contribute to the Scotts-
ville Fire Department; Buckingham County does not contribute. He wrote a
letter to the county administrators in both counties during the budget process
last year. Fluvanna County is gradually increasing its participation and
within the next year or so, Fluvanna should be contributing its fair share.
He is not having any success with Buckingham. Mr. Bowerman asked how many
runs go into Buckingham. Mr. Tucker responded, approximately one-third or 20
percent of the calls go into Buckingham.
Mr. Marshall suggested this Board send a strong letter to the Buckingham
County Board of Supervisors requesting contributions.
July 21, 1993 (Regular Night Meeting)
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O00 S8
Mr. Bowerman said he would be willing to communicate with the Chairman
of the Board for Buckingham about the importance of paying for the services
provided.
It was the consensus of the Board that a letter be sent from the Chair-
man to the Chairman of the Buckingham County Board of Supervisors requesting
them to pay their fair share of services provided to Buckingham by Albemarle.
Motion was then offered by Mr. Marshall, seconded by Mr. Perkins, to
authorize the County Executive to execute an agreement (set out below)
approving an advanced allocation for Scottsville Fire Department. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
ABSENT: Mrs. Humphris and Mr. Martin.
(The agreement is set out in full below:)
THIS SERVICE AGREEMENT, made for the purpose of identifica-
tion this 27 day of May , 1992, by and between the COUNTY
OF ALBEMARLE, VIRGINIA (the "County"), and the SCOTTSVILLE VOLUN-
TEER FIRE COMPANY, INC. ("Scottsville");
WITNESSETH:
WHEREAS, the County previously has entered into a service
agreement with Scottsville, dated October 8, 1987, providing for
the withholding of certain sums each year by the County from the
County's annual grant to Scottsville, as set forth in said agree-
ment, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as a result of said agreement, the outstanding
indebtedness now totals Sixty Thousand Dollars ($60,000.00); and
WHEREAS, Scottsville now desires to receive from the County
One Hundred Sixty-two Thousand Four Hundred Thirty-five Dollars
($162,435.00) to be used for the purchase of a new pump truck; and
WHEREAS, Scottsville now desires to enter into an agreement
consolidating its annual withholding of payments by the County;
NOW, THEREFORE, for and in consideration of the operation by
Scottsville of a volunteer fire company which will fight fires and
protect property and human life from loss or damage by fire and
the purchase of a new pump truck during the term of this agree-
ment, the County shall pay to Scottsville One Hundred Sixty-two
Thousand our Hundred Thirty-five Dollars ($162,435.00), which
payment shall be made from the 1992-93 fire fund to be paid in
July, 1992. The sum of $20,000.00 shall be withheld from the
County's annual grant to Scottsville for the 1992/93 fiscal year.
Thereafter, the sum of Twenty-eight Thousand Nine Hundred Nine-
teen Dollars ($28,919.00) per year shall be withheld each year
from the County's annual grant to Scottsville for a period of
seven (7) years, beginning with fiscal year 1993-94 and extending
through July, 2000. Thus, at the end of the eighth year, which is
the term of this service agreement, a total of Two Hundred Twenty
Thousand Four Hundred Thirty-five Dollars ($222,435.00) will have
been withheld. This withholding consolidates the balance of all
prior advancements as a result of the prior service agreement with
Scottsville, dated October 8, 1987.
If at any time during the term of this agreement, Scotts-
ville is no longer in the business of providing firefighting
services, or the pump truck is no longer used for firefighting
purposes, Scottsville covenants and agrees that it will convey its
interest in the pump truck to the County at no cost to the County
so long as the County or its assigns will use the property for
firefighting purposes. All covenants set forth in prior agree-
ments remain in full force and effect.
WITNESS the following signatures and seals:
COUNTY OF ALBEMARLE, VIRGINIA
By (Seal)
Robert W. Tucker, Jr., County Executive
SCOTTSVILLE VOLUNTEER FIRE COMPANY, INC.
By (Seal)
President
Agenda Item No. 11. Approval of Minutes: April 1 and April 8, 1992,
February 17, 1993.
July 21, 1993 (Regular Night Meeting)
(Page 9)
Mr. Bain had read the minutes of April 8, 1992 and found them to be in
order.
Mr. Marshall had read the minutes of April 1, 1992 (pages 34 [#15b] -
end) and February 17, 1993, and found them all to be in order.
Motion was offered by Mr. Bain, seconded by Mr. Perkins, to approve the
minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Bain, Bowerman, Marshall and Perkins.
None.
Mrs. Humphris and Mr. Martin.
Agenda Item No. 12. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Perkins said he went and looked at the Preddy Creek property and
reviewed the beetle spots. He suggested the Board direct staff to take some
steps towards forest management on the property. The Board agreed.
Mr. Perkins requested the Board to endorse having staff speed up the
public hearing process for an application from Chestnut Grove Church in
Earlysville for a day care center which is to be filed in the near future.
Last year the church operated a day care center without a permit. Less than
20 children attend the center. The Church is also requesting that the Board
reduce the $780 filing fee to $390, which is the fee for six to nine children.
Mr. Cilimberg said the Board previously lowered the fee for smaller day
care centers. Initially the fee was the same for all day care centers because
review by staff is basically the same for all centers.
Mr. Bowerman said if staff could track the costs and determine the
actually costs, he would be willing to reduce the fee, if it was less. Mr.
Cilimberg said staff could certainly track the costs, but he is concerned
about the precedent this might set, because anyone could then come in and make
the same request.
Mr. Bain felt that even though this is a church, it is still a revenue
generating facility. He is not inclined to start waiving the fees.
The Board indicated that as long as staff could handle it the process
could be speeded up, but expressed reluctance to reduce the fee.
Mr. Marshall said he had a call from some people who were trying to find
the Visitors Center but could not see the sign because of grown up weeds and
trees. He asked if staff could do something if it is only to go out and trim
the bushes around the sign.
Mr. Perkins suggested Piedmont Virginia Community College (PVCC),
Monticello and the Chamber of Commerce do some joint effort to make this area
more presentable.
Mr. Tucker indicated that this is in VDoT's right-of-way and is their
responSibility. He will see what can be done.
Agenda Item No. 12a. Executive Session: Personnel.
At 8:20 p.m., motion was offered by Mr. Bain, seconded by Mr. Marshall,
to adjourn into Executive Session under Va. Code Section 2.1-344.A.1. for
discussion of personnel matters. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Bain, Bowerman, Marshall and Perkins.
None.
Mrs. Humphris and Mr. Martin.
Agenda Item No. 12b. Certify Executive Session.
At 8:40 p.m., the Board reconvened into open session and adopted the
following Certification of Executive Session:
MOTION: Mr. Bain
SECOND: Mr. Perkins
MEETING DATE: July 21, 1993
CERTIFICATION OF EXECUTIVE M~mTiNG
WHEREAS, the Albemarle County Board of Supervisors has
convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of
The Virginia Freedom of Information Act; and
July 21, 1993 (Regular Night Meeting)
(Page 10)
000290
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Albemarle County Board of Supervisors that
such executive meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby certifies that, to the best of each
member's knowledge, (i) only public business matters lawfully
exempted from open meeting requirements by Virginia law were
discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were
heard, discussed or considered by the Albemarle County Board of
Supervisors.
VOTE:
AYES: Messrs. Bain, Bowerman, Marshall and Perkins.
NAYS: None.
[For each nay vote, the substance of the departure from the
requirements of the Act should be described.]
ABSENT DURING VOTE: Mrs. Humphris and Mr. Martin.
ABSENT DURING MEETING: Mrs. Humphris and Mr. Martin.
Agenda Item No. 13. Adjourn. With no further business, the meeting was
immediately adjourned.
CHAIRMAN