1991-05-15May 15, 1991 (Regular Night Meeting)
Page (1)
115
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on May 15, 1991, at 7:00 P.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, F. R. Bowie,
Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mr. Peter T. Way.
ABSENT: None.
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. Bowie.
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.
Agenda 4a. Proclamation: National Ruritan Week. Mr. Perkins read the
proclamation designating May 19 through May 25, 1991, as National Ruritan
Week. He then moved adoption of the proclamation. The motion was seconded by
Mrs. Humphris.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris,
seconded by Mr. Bowerman, to approve Items 5.1 through 5.5a, and to accept the
remaining items on the consent agenda as information. There was no further
discussion. Roll was called and the motion carried by the following recorded
vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Item 5.1. Statements of Expenses (State Compensation Board) for the
Director of Finance, Commonwealth's Attorney, Sheriff and Regional Jail for
the Month of April, 1991, were approved as presented, by the vote shown above.
Item 5.2. Request from Mr. Richard P. Bell, IV, Realtor, for a resolu-
tion of approval for a street name sign to identify Mill Ridge Road at its
intersection with State Route 614 in Mill Ridge Subdivision was approved by
adopting the following resolution by the above recorded vote:
WHEREAS request has been received for a street sign to identify
the following road:
Mill Ridge Road (State Route 1060) at its intersection
with State Route 614.
WHEREAS a citizen has agreed to purchase this sign through the
Office of the County Executive and to conform to standards set by the
Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, that the Virginia Department of Transpor-
tation be and the same hereby is requested to install and maintain
the above mentioned street sign.
May 15, 1991 (Regular Night Meeting)
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Item 5.3. Request from Ms. Lori Langpaul Beebe, Virginia Land Company,
for a resolution of approval for a street name sign to identify Wyngate Road
at its intersection with Hydraulic Road in Wyngate Subdivision was approved by
adopting the following resolution by the vote shown above:
WHEREAS request has been received for a street sign to identify
the following road:
Wyngate Road (State Route 1549) and Hydraulic Road
(State Route 676) at its intersection.
WHEREAS a citizen has agreed to purchase this sign through the
Office of the County Executive and to conform to standards set by the
Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, that the Virginia Department of Transpor-
tation be and the same hereby is requested to install and maintain
the above mentioned street sign.
Item 5.4. Request from Ms. Mary F. Seymour, Community Manager for The
Greens at Hollymead complex, for a resolution of approval for a street name
sign to identify Hollymead Drive at its intersection with Powell Creek Drive
in Hollymead Subdivision was approved by adopting the following resolution by
the above recorded vote:
WHEREAS request has been received for a street sign to identify
the following road:
Hollymead Drive (State Route 1520) and Powell Creek
Drive (State Route 1521) at its intersection.
WHEREAS a citizen has agreed to purchase this sign through the
Office of the County Executive and to conform to standards set by the
Virginia Department of Transportation:
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia, that the Virginia Department of Transpor-
tation be and the same hereby is requested to install and maintain
the above mentioned street sign.
Item 5.5. Request from the Charlottesville-Albemarle Clean Community
Commission for a resolution authorizing CAC3 to apply on behalf of the County
for Virginia Litter Control Funds was approved by adopting the following
resolution by the vote shown above:
WHEREAS, the Board of Supervisors of Albemarle County, Virginia,
recognizes the existence of litter problems within the boundaries of
Albemarle County; and
WHEREAS, the Virginia Waste Management Act provides, through the
Department of Waste Management, Division of Litter Control and
Recycling for the allocation of public funds in the form of Grants
for the purpose of enhancing local litter control programs; and
WHEREAS, having reviewed and considered the Regulations and the
Application covering administration and use of said funds;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Albemarle County, Virginia:
Hereby expresses the intent to combine with the City of
Charlottesville in a mutually agreed upon and Cooperative Program,
contingent upon approval of the Application by the Department of
Waste Management, Division of Litter Control and Recycling and
contingent upon receipt of funds; and
May 15, 1991 (Regular Night Meeting)
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Hereby authorizes the Charlottesville-Albemarle Clean Community
Commission (CAC3) to apply on behalf of all of the above named
localities for a Grant, and to be responsible for the administration,
implementation, and completion of the program as it is described in
the attached Application form LCG-1; and
Further accepts liability for its pro rata share of any funds
not properly used or accounted for pursuant to the Regulations and
the Application; and
That said funds, when received, will be transferred immediately
to the Charlottesville-Albemarle Clean Community Commission or if
coordinated by the Planning District Commission, said funds will be
sent directly to the Planning District Commission by the Department.
All funds will be used in the Cooperative Program to which we give
our endorsement and support.
Hereby requests the Department of Waste Management, Division of
Litter Control and Recycling to consider and approve the Application
and Program, said Progrim being in accord with Regulations governing
use and expenditure of said funds.~.
Item 5.5a. Request for a revised resolution requesting acceptance of
Lego Drive in Ashcroft Subdivision into the State System of Secondary High-
ways. This amended resolution will add 45 feet of roadway to the original
resolution adopted on October 3, 1990. The request was approved by adopting
the following resolution by the vote shown above:
BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia, that pursuant to Virginia Code Section 33.1-229, the
Virginia Department of Transportation be and is hereby requested to
accept into the Secondary System of Highways, subject to final
inspection and approval by the Resident Highway Department, the
following road in Ashcroft Subdivision:
Lego Drive:
Beginning at Station 0+70, a point common to the centerline
of Lego Drive and the edge of pavement of the Frontage Road
(F-179), thence in a northerly direction 5,285 feet approxi-
mately to Station 53+55 the end of the cul-de-sac.
BE IT FURTHER RESOLVED that the Virginia Department of Trans-
portation be and is hereby guaranteed a 60-foot unobstructed right-
of-way and drainage easements along this requested addition as
recorded by plats in the Office of the Clerk of the Circuit Court of
Albemarle County in Deed Book 737, page 428; Deed Book 803, pages 612
and 613; Deed Book 944, page 759; and Deed Book 1115, pages 425, 426,
428 and 429.
Item 5.6. Letter dated May 3, 1991, from Mr. Ray D. Pethtel, Commis-
sioner, virginia Department of Transportation, re: Abandonments/ Additions on
Route 601 to the State Secondary System of Highways, received as information
as follows:
As requested in your resolution dated December 19, 1990, the
following additions to and abandonments from the Secondary System of
Albemarle County are hereby approved, effective May 3, 1991.
ADDITIONS
Route 601 - Section Three of new location Route 601
from Station 26+00 to Station 34+60,
Project 0601-002 225, C501, C502
LENGTH
0.17 Mi
Route 601 - Section Four of new location Route 601
from Station 36+50 to Station 40+25,
Project 0601-002-225, C501, C502
0.07 Mi
May 15, 1991 (Regular Night Meeting)
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ABANDONMENTS
Route 601 - Section One of old location Route 601
from Station 26+00 to Station 34+60,
Project 0601-002-225, C501, C502
Route 601 - Section Two of old location Route 601
from Station 36+50 to Station 40+25,
Project 0601-002-225, C501, C502
0.17 Mi
0.07 Mi
118
Item 5.7. Copies of Planning Commission Minutes for April 16, April 23
and April 30, 1991, were received for information.
Item 5.8. Supts. Memo No. 8, dated May 6, 1991, from Mr. JOseph A.
Spagnolo, Jr., Superintendent of Public Instruction, entitled "1991-92 Budget
Estimates," received for information.
Item 5.9. Memorandum dated May 14, 1991, from Mr. Charles S. Martin,
Chairman of the School Board, entitled "Funding for CATEC," received for
information as follows:
At its meeting on May 13, 1991, the School Board adopted its budget
for 1991-92. One topic that was discussed at our joint meeting on
May 8 was funding for CATEC; you requested to receive information
from the School Board about how any additional funding for CATEC's
budget would be spent. The School Board voted to increase CATEC's
funding by $50,000 over the 1991-92 level of funding contingent on
the maintenance of all current programs and three administrative
personnel at CATEC. This action accepts your recommendation to
increase CATEC's funding by $50,000 over the current fiscal year; by
this action the School Board has partially addressed the shortfall in
State funding of $61,000 and hopes to maintain the current program.
If the current program and administrative personnel cannot be main-
tained, the matter is to be reconsidered by the School Board.
The questions surrounding the requirements relating to the Carl
Perkins Vocational Act amendments were clarified to the School Board
through a Memorandum from Dr. Paskel and the Charlottesville Superin-
tendent, Dr. McGeehan. In short, the requirements of the amendment
to the Act may be met in the base (feeder) schools to CATEC and the
four high schools are prepared to do so for 1991-92.
Item 5.10. Letter dated May 10, 1991, from Mr. D. S. Roosevelt, Resident
Engineer, re: questions concerning Route 692 and a section being marked as a
passing zone, received for information, as follows:
At the April Board of Supervisors' meeting, Mr. Perkins requested the
Department review a section of Route 692 which was repaved last year
to determine if it could be marked with a passing zone.
I requested the Traffic Engineer to review this section. It was
determined that previously it had been marked for passing. New
federal guidelines, however, have increased the distances required
for passing zones. These increases have come about due to the advent
of smaller vehicles which have less acceleration and place the
driver's eye closer to the roadway. This section is currently posted
for 55 mph which requires a minimum of 1800' of sight distance for a
passing zone. The section in question is only 1600' long. It was
based upon these findings that the passing zone was eliminated when
the section was marked after paving. In light of the federal guide-
lines concerning passing zone sight distance, and the liability which
rests on parties violating these guidelines, the Department has no
feasible choice other than to eliminate the passing zone.
Agenda Item No. 6. Free Union Agricultural/Forestal District. Public
hearing on an ordinance to amend and reenact Chapter 2.1-4(m), known as the
Free Union Agricultural and Forestal District, to add three parcels totalling
May 15, 1991 (Regular Night Meeting)
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512.670 acres located NW of Free Union & W of Rt 671. Existing district
contains 1424.610 acres. (Advertised in the Daily Progress on April 30 and
May 7, 1991.)
Mr. Cilimberg gave the staff's report as follows:
Location: The proposed addition is located on the west side of Route
671 on Fox Mountain near Free Union.
Acreage: The proposed addition contains 587.670 acres in four
parcels. The existing district contains 1424.61 acres.
Time Period: The proposed time period is the same as for the origi-
nal district, or ten years from September 21, 1988.
Agricultural and Forestal Significance: Land in the proposed addi-
tion is being used for forestry.
Significant Land not in Agricultural/Forestal Production: The use
value assessment program is a good indicator of the actual use of the
properties. Ail four parcels are enrolled in the program under
forestry. Only 8.0 acres are non-qualifying due to dwellings.
Land Uses Other Than Agricultural/Forestry: There are three dwell-
ings in the proposed addition.
Local Developmental Patterns and Needs: This area consists of large
farms, steep wooded land and scattered dwellings. It is well suited
for enrollment in a district.
Comprehensive Plan and Zoning Regulations: This area is located in
Rural Area I in the Comprehensive Plan, and is zoned RA, Rural Areas.
The nearest Growth Area is Earlysville Village, a distance of about
six miles east. Preservation of agricultural/forestal resources in
the Rural Areas is a major goal of the Plan.
Environmental Benefits: The proposed addition is located within the
South Fork Rivanna Reservoir watershed and the proposed Buck Mountain
Reservoir watershed. The headwaters of Piney Creek, one of the main
tributaries of the proposed Buck Mountain reservoir, are located in
this area. Environmental benefits provided by conservation of wooded
areas include protection of ground and surface water quality, wild-
life habitat, and critical slopes. This is also a very scenic area.
Staff Comment: Staff recommends approval of the addition as pro-
posed.
Advisory Committee Recommendation: The Advisory Committee at its
meeting on March 18, 1991, unanimously recommended approval as
proposed.
Planning Commission Recommendation: The Planning Commission on
April 2, 1991, unanimously recommended approval as proposed.
Mr. Cilimberg noted that an application to include Tax Map 7, Parcel 6,
was submitted after the Planning Commission meeting, but it is appropriate for
the Board to include that parcel in the adopting motion.
The public hearing was opened. Ms. Sherry Buttrick from the Piedmont
Environmental Council said she would answer any questions.
With no one else rising to speak, the public hearing was closed.
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve the
amended Free Union Agricultural Forestal District, by adopting an ordinance to
amend and reenact Chapter 2.1-4(m), by the addition of parcels, all as set out
below:
May 15, 1991 (Regular Night Meeting)
Page (6)
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT
SECTION 2.1-4, CHAPTER 2.1,
AGRICULTURAL AND FORESTAL DISTRICTS,
OF THE CODE OF ALBEMARLE
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
Virginia, that Section 2.1-4 of the Code of Albemarle be, and the
same hereby is, amended and reenacted in subsection (m) "Free Union
Agricultural and Forestal District", reading as follows: ]_20
Sec. 2.1-4. Districts described.
(m) The district known as the "Free Union Agricultural and
Forestal District" consists of the following described properties:
Tax map 7, parcels 6, 7, 8A, 9, 9A, 9B, 9B1, 9C; Tax map 16, parcels
4B, 4C, 13A, 13D, 15A, 15C, 15E, 15G, 16B, 17, 26, 30 (part), 30B,
33B, 36, 37, 38, 39, 52B1, 52B2, 54; Tax Map 17, parcels 8, 8B, 8C,
17C, 18H, 22.
(Note: At the request of the applicant, Agenda Item No. 7 for Covenant
Church was heard later in the meeting.)
Agenda Item No. 8. SP-91-09. Carl & Rosie Evans. Public Hearing on a
request for a single-wide mobile home on 5 ac zoned RA. Property on W side of
Rt 602 approx 0.15 mi N of inters of Rts 602/617. TM132,p10. Scottsville
Dist. (Advertised in the Daily Progress on April 30 and May 7, 1991.)
Mr. Cilimberg gave the staff's report as follows:
Character of the Area: The site is currently developed with a single
family dwelling. The mobile home has been placed on the site. No
dwellings on adjacent properties are visible from the proposed mobile
home site. The mobile home will not be visible from the public road.
One mobile home is located within one mile of this site.
Staff Comment: The mobile home is to be located as shown on Attach-
ment C (on file). Attachment C also shows the location of the exist-
ing house. The property does have the required number of development
rights to permit two dwellings. The mobile home is to be a weekend
house for the applicant's children. The applicant uses the existing
house as a vacation and weekend home. The applicant's son uses the
existing house as a primary residence. The applicant is requesting
the mobile home in order to provide additional living space which is
needed when the parents and children visit at the same time.
One letter of objection has been received regarding this request.
As stated above, the mobile home is intended as a vacation and weekend
home for the applicant's children. Historically mobile homes have
been approved where there is a need for permanent housing as opposed
to a part-time use.
Staff has identified one similar request (SP-89-20, John G. Hart).
That request was approved by the Board of Supervisors. In that
approval, the Board noted that the approval was granted because the
mobile home was for use by family members and would not be visible
from other dwellings or the state road.
Should the Planning Commission and Board of Supervisors choose to
approve this petition, staff recommends the following conditions:
Recommended Conditions of Approval:
1. Albemarle County Building Official approval;
Conformance to all area, bulk and other applicable requirements
for district in which it is located;
May 15, 1991 (Regular Night Meeting)
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Skirting around mobile home from ground level to base of the
mobile home to be completed within thirty (30) days of the
issuance of a Certificate of Occupancy;
Provision of potable water supply and sewerage facilities to the
satisfaction of the Zoning Administrator and approval by the
local office of the Virginia Department of Health;
Maintenance of existing vegetation, landscaping and/or screening
to be provided to the satisfaction of the Zoning Administrator.
Required screening shall be maintained in good condition and
replaced if it should die;
6. Mobile home is not to be rented except to family members.
Mr. Cilimberg said that on April 30, 1991, by a vote of 4/3, the Planning
Commission recommended denial of the request. If the Board should choose to
approve the permit, it would need to attach the conditions recommended in the
staff's report.
Mr. Bowie asked why Condition #6 is worded so that the mobile home could
be rented to family members. Why is it not worded so that it would be used by
family members only, on a weekend, temporary basis, if that is, in fact, the
basis of the request? Mr. Cilimberg said that condition could be reworded.
At this time, the public hearing was opened. The applicant did not care
to speak, and no member of the public rose to speak. The public hearing was
then closed.
Mr. Way said he would like to ask Mr. Evans a question. Mr. Bowie
reopened the public hearing. Mr. Way asked about Condition #6. He said it
has been the Board's policy not to allow mobile homes to be rented to anyone.
Mr. Evans said he does not know where the condition came from. The mobile
home would be used by his children for vacation or on weekends. They all live
in Fairfax and Loudoun County, and come to this property for vacation, etc.,
and it is rather crowded when they all show up at one time. One of his sons
does live in the house on the property.
Mr. Bowie again closed the public hearing. Mr. Way said he feels this
request is similar to the Hart petition. Mr. Bain said the difference in this
request is that this property does have a house on it. The minutes concerning
the other petition did not indicate that there was a habitable dwelling on the
property. Mr. Way said he feels that if a mobile home is on the property, and
it cannot be seen from any adjoining property or a road, that it causes no
harm.
Mrs. Humphris said she differs. She read the minutes of the Hart peti-
tion carefully, and found it to be an interesting case. She did not feel that
particular case fit the intent of the ordinance, because the mobile home was
not to be owner-occupied, and it was not for anybody who needed a home, but
more for convenience, and it is an incidental use. There is a letter of
objection on this petition, and it is an erosion of the intent of the ordi-
nance, and she feels it would be a mistake to approve the request.
Mr. Way offered motion to approve SP-91-09 with the conditions recommend-
ed in the staff's report, but changing No. 6 to read: Mobile Home is to be
used by family members only."
Mrs. Humphris said she would second the motion so that it could be voted
on. Roll was called and the motion failed by the following recorded vote:
AYES: Messrs. Bowie, Perkins and Way.
NAYS: Mr. Bain, Mr. Bowerman and Mrs. Humphris.
Agenda Item No. 9. Public Hearing on an ordinance amending and reenacting
Sections 6-1, 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7, Chapter 6 of the Albemarle
County Code, entitled "Elections". This ordinance establishes the boundaries
of six magisterial and election districts named and bounded as shown on a
May 15, 1991 (Regular Night Meeting)
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certain map entitled "Redistricting Plan for Albemarle County, Virginia,
Option lA, dated March 25, 1991, prepared by the County Planning Department,
and on file with the Clerk of the Board of County Supervisors. These shall be
the election districts for the county within the meaning of Section 15.1-571.1
of the Code of Virginia. The ordinance also describes the voting precincts
within each of the six magisterial districts. (Advertised in the Daily
Progress on April 30 and May 7, 1991.)
Mr. Bowie asked for comments from the Board members before opening the
public hearing. Mrs. Humphris said the Registrar provided new projections for
the Jack Jouett District last week, and the projections show that there will
be a significant number of new voters in University Village on Old Ivy Road,
and at The Colonnades on Barracks Road. Although Jack Jouett has traditional-
ly had low voter registration, it is estimated that the registration for 1992
will be over the 5000 mark. The Electoral Board and Registrar suggest that a
new precinct be added at this time, to be known as the University Precinct.
Mrs. Humphris said she supports their suggestion for a precinct with the
polling place to be at University Hall.
Mr. Bowie said there was a memorandum dated May 15, 1991, entitled
"Redistricting Ordinance Adoption Materials", on the Board's table tonight.
He asked if Mrs. Humphris was referring to "Attachment 2". Mrs. Humphris said
"yes"
Mr. Bain said he thinks the committee did a masterful job on this
project.
Mr. Bowerman said he hopes the Board will look favorably on the creation
of a new precinct in the Charlottesville District. Branchlands Precinct would
be the third one in that district. It would take voters out of the Woodbrook
Precinct and would primarily benefit the Branchlands Retirement area, and all
of Squire Hills Apartments, and some territory along Rio Road. While it is a
benefit for that community, if that area is left in Woodbrook, that precinct
would be about 3000 people, and it would be the largest precinct and he thinks
it is time to make the split.
At this time, the public hearing was opened. Mr. John Wright, Chairman
of the Electoral Board, said the Redistricting Committee did a find job. The
Electoral Board looked at the results using all of the criteria handed down by
the State. Four new precincts are recommended to take care of growth, and to
be closer to the State goals of having precincts with 1500 to 2000 registered
voters. He commends these recommendations to the Board.
With no one else rising to speak, the public hearing was closed.
Mr. Bowie noted Attachment #3 which is a resolution to be adopted setting
forth the polling places in the various precincts. Attachment #4 and Attach-
ment #5 set forth some proposed changes in the Samuel Miller and Scottsville
magisterial district lines and also the changes in precinct boundaries occa-
sioned by those line changes.
Mr. Bain asked if these are the changes discussed at last week's meeting.
Mr. Heilman said "yes". He said the Board had earlier discussed the effects
of the General Assembly redistricting on the County redistricting, and it only
has one effect. The very western portion of the Ivy Precinct of the Samuel
Miller District (up Route 760 to Route 250 and then through the middle of
Glenaire, and then out to MechumRiver), was split off in the General Assembly
redistricting, and given to the 58th House of Delegates District, which is
George Allen's District currently. That creates a problem for the Electoral
Board, of which there are four solutions. One is to put that section into the
Crozet Precinct which would readjust the district lines and put them "out of
kilter". Second, give that area to the Batesville Precinct. Third, operate
it as an independent precinct, which means that they would have to have a
polling place, and currently no public building exists for that polling place.
Fourth, operate the Ivy Precinct as a split precinct which is what they hope
to avoid. In discussions with Mr. Bain, he thinks it is the desire to operate
the entire Ivy Precinct for this year to operate it as a split precinct.
May 15, 1991 (Regular Night Meeting)
Page (9)
123
As far as adoption of the ordinance, the recommendation is to pull out
all references to polling places from the ordinance, and to adopt those by
resolution instead. One further change to the ordinance is in the first
paragraph, which referred to Map #lA. Since minor changes are being made in
the advertised lines, the reference to that map must be changed. It was
suggested that the paragraph be changed to say "... districts which shall be
named and bounded as described below,..."
Mr. Heilman said the State guidelines also suggest that the effective
date of the ordinance be June 1, 1991.
After some discussion, Mrs. Humphris agreed to the name of University
Hall precinct for the new precinct in the Jack Jouett Magisterial District.
The public hearing was closed at this time.
Motion was offered by Mr. Bain, seconded by Mr. Bowerman, to adopt an
ordinance amending and reenacting Sections 6-1 through 6-7 of the Code of
Albemarle entitled "Establishment and Boundaries of Magisterial and Election
Districts and Voting Precincts", modifying Section 6-1 to read: "The county
shall be divided into six magisterial districts which shall be named and
bounded as described below, and which shall be the election districts for the
countY within the meaning of section 15.1-571.1 of the Code of Virginia.";
with the effective date of the ordinance being June 1, 1991; with textual
changes in Magisterial District lines as shown on Attachment #4 handed out at
this meeting; and with textual changes in precinct lines as shown on Attach-
ment #5 handed out at this meeting.
The motion was seconded by Mr. Bowerman. Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
0 R D I N A N C E
AN OP~)INANCE AMENDING AND ~CTING ~ 6,
SECTIONS 6-1 T~ROUGM 6-7 OF THE CODE OF ALB~4ART.I~
(ESTABLISHMENT AND BOUNDAI~ OF MAGISTERIAL
AND RT.RCTION DISTI~ICTS AND VOTING PRECINGTS)
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virgin-
ia, that Chapter 6, Sections 6-1 through 6-7 of the Code of Albamarle are
hereby amended and reenacted as follows:
Sec. 6-1. Establish~--t and bo~mdaries of magisterial amd election districts.
The county shall be divided into six magisterial districts which shall be
named and bounded as described below, and which shall be the election dis-
tricts for the county within the meaning of section 15.1-571.1 of the Code of
Virginia:
(a) Charlottesville Magisterial District~ to be bounded as follows:
Beginning at the northern city limits of Charlottesville and its inter-
section with State Route 631 and the Southern Railroad right-of-way; then
meandering west with the city limits to its intersection with State Route 743;
then north on State Route 743 to its intersection with the South Fork Rivanna
River Reservoir; then meandering north with the South Fork Rivanna Rive~ to
its intersection with State Route 660; then northeast on State Route 660 to
its intersection with State Route 743; then southeast on State Route 743 to
its intersection with State Route 643; then south on State Route 643 to its
intersection with $chroeder Branch; then south with Schroeder Branch to its
confluence with the South Fork Rivanna River; then meandering southeast with
the South Fork Rivanna River to its intersection with the Southern Railroad
right-of-way; then southwest with the Southern Railroad right-of-way to its
intersection with the northern city limits of Charlottesville and State Route
631, the point of beginning.
May 15, 1991 (Regular Night Meeting)
Page (10)
124
(b) Jack Jouett Magisterial District~ to be bounded as follows:
Beginning at the intersection of State Route 660 and the South Fork
Rivanna River; then meandering southeast with the South Fork Rivanna River to
its intersection with State Route 743; then south on State Route 743 to its
intersection with the western city limits of Charlottesville; then south with
the city limits to its intersection with Alderman Road; then north on Alderman
Road to its intersection with McCormick Road; then west on McCormick Road to
its intersection with Edgemont Road; then northwest on Edgemont Road to its
intersection with the fire road connecting Edgemont Road and the driveway
leading to the Lewis Mountain Estate; then north on said fire road to its
intersection with the driveway leading to the Lewis Mountain Estate; then
north on said driveway to its intersection with U. S. Route 250 Business; then
west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250
Bypass; then north on the U. S. Route 250 Bypass to its intersection with
State Route 601; then northwest on State Route 601 to its intersection with
State Route 676; then west on State Route 676 to its intersection with State
Route 614; then west with State Route 614 to its intersection with the Mechum
River; then meandering northeast with the MechumRiver to its confluence with
the Moormans River where they form the South Fork Rivanna River; then meander-
ing southeast with the South Fork Rivanna River to its intersection with State
Route 660, the point of beginning.
(c) Rivanna Magisterial District, to be bounded as follows:
Beginning at the intersection of the Albemarle/Fluvanna County line and
the Rivanna River; then meandering northwest with the Rivanna River to the
city limits of Charlottesville; then west with the city limits to the Southern
Railroad right-of-way; then in a northeast direction on the Southern Railroad
right-of-way to its intersection with the South Fork Rivanna River; then mean-
dering northwest with the South Fork Rivanna River to its confluence with
Schroeder Branch; then north with Schroeder Branch to its intersection with
State Route 643; then north on State Route 643 to its intersection with State
Route 606; then northeast on State Route 606 to its intersection with State
Route 763; then east on State Route 763 to its intersection with U. S. Route
29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene
County line; then east with the Albemarle/Greene County line to the
Albemarle/Orange County line; then continuing east with the Albemarle/Orange
County line to the Albemarle/Louisa County line; then southwest with the
Albemarle/ Louisa County line to the Albemarle/Fluvanna County line; then
continuing southwest with the Albemarle/Fluvanna County line to the Rivanna
River, the point of beginning.
(d) Samuel Miller MaKisterial District~ to be bounded as follows:
Beginning at the intersection of State Route 636 and the Albemarle/Nelson
County line; then east on State Route 636 to the intersection with State Route
691; then north on State Route 691 to the intersection with U. S. Route 250;
then east on U. S. Route 250 to its intersection with Interstate 64; then east
on Interstate 64 to the Mechum River; then meandering northeast with the
Mechum River to its intersection with State Route 614; then east on State
Route 614 to its intersection with State Route 676; then southeast on State
Route 676 to its intersection with State Route 601; then southeast on State
Route 601 to its intersection with U. S. Routes 29/250 Bypass; then south on
U. S. Routes 29/250 Bypass to its intersection with U. S. Route 250 Business;
then east on U. S. Route 250 Business to its intersection with the driveway
leading to the Lewis Mountain Estate; then south on said driveway to its
intersection with the fire road leading to Edgemont Road; then south on said
fire road to its intersection with Edgemont Road; then southeast on Edgemont
Road to its intersection with McCormick Road; then east on McCormick Road to
its intersection with Alderman Road; then south on Alderman Road to its
intersection with the western city limits of Charlottesville; then south with
the city limits to its intersection with State Route 781; then south on State
Route 781 to its intersection with State Route 631; then southwest on State
Route 631 to its intersection with State Route 708; then southeast on State
Route 708 to its intersection with unnamed road; then south on unnamed road to
its intersection with White Oak Creek; then southeast with White Oak Creek to
its confluence with the South Fork Hardware River; then meandering west with
the South Fork Hardware River to its confluence with Walnut Branch; then west
on Walnut Branch to its confluence with the southern tributary of Walnut
May 15, 1991 (Regular Night Meeting)
Page (11)
125
Branch; then west on the southern tributary of Walnut Branch to its intersec-
tion with the Ammonett Mountain ridgeline; then southwest with the Ammonett
Mountain ridgeline to its intersection with the South Fork Hardware River;
then meandering west with the South Fork Hardware River to its confluence with
Martin's Creek; then west on Martin's Creek to its intersection with State
Route 633; then west on State Route 633 to its intersection with the
Albemarle/Nelson County line; then north with the Albemarle/Nelson County line
to State Route 636, the point of beginning.
(e) Scottsville Magisterial District~ to be bounded as follows:
Beginning at the intersection of State Route 633 and the Albemarle/Nelson
County line; then east on State Route 633 to its intersection with Martin's
Creek; then east on Martin's Creek to its confluence with the South Fork
Hardware River; then meandering east with the South Fork Hardware River to its
intersection with the Ammonett Mountain ridgeline; then northeast with the
Ammonett Mountain ridgeline to its intersection with the southern tributary of
Walnut Branch; then east on the southern tributary of Walnut Branch to its
confluence with Walnut Branch; then east on Walnut Branch to its confluence
with the South Fork Hardware River; then meandering east with the South Fork
Hardware River to its confluence with White Oak Creek; then northwest with
White Oak Creek to its intersection with unnamed road; then north on unnamed
road to its intersection with State Route 708; then northwest on State Route
708 to its intersection with State Route 631; then northeast on State Route
631 to its intersection with State Route 781; then north on State Route 781 to
its intersection with the southern city limits of Charlottesville; then east
with the city limits to its intersection with the Rivanna River; then meander-
ing southeast with the Rivanna River to the Albemarle/Fluvanna County line;
then southwest with the Albemarle/Fluvanna County line to the James River, the
Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham
County line to its intersection with the Rockfish River, the Albemarle/Nelson
County line; then north with the Albemarle/Nelson County line to its intersec-
tion with State Route 633, the point of beginning.
(f) White Hall Magisterial District~ to be bounded as follows:
Beginning at the intersection of State Route 636 and the Albemarle/Nelson
County line; then east on State Route 636 to the intersection with State Route
691; then north on State Route 691 to the intersection with U. S. Route 250;
then east on U. S. Route 250 to its intersection with Interstate 64; then east
with Interstate 64 to the MechumRiver; then meandering northeast with the
Mechum River to its confluence with the Moormans River where they form the
South Fork Rivanna River; then meandering southeast with the South Fork
Rivanna River to its intersection with State Route 660; then northeast on
State Route 660 to its intersection with State Route 743; then southeast on
State Route 743 to its intersection with State Route 606; then northeast on
State Route 606 to its intersection with State Route 763; then east on State
Route 763 to its intersection with U. S. Route 29; then north on U. S. Route
29 to its intersection with the Albemarle/Greene County line; then west along
the Albemarle/Greene County line to the Albemarle/Rockingham County line; then
southwest with the Albemarle/Rockingham County line to the Albemarle/Augusta
County line; then continuing southwest with the Albemarle/Augusta County line
to the Albemarle/ Nelson County line; then southeast with the Albemarle/Nelson
County line to its intersection with State Route 636, the point of beginning.
Sec. 6-2. Voting precincts--CharlottesvilleMagisterial District.
The Charlottesville MagisteriaI District shall include three (3) voting
precincts, bounded as hereafter set out and named as follows:
(a) Berkeley Precinct:
Beginning at the intersection of State Route 743 and U. S. Route 29; then
northwest on State Route 743 to its intersection with State Route 631; then
northeast on State Route 631 to its intersection with U. S. Route 29; then
south on U. S. Route 29 to its intersection with State Route 743, the point of
beginning.
May 15, 1991 (Regular Night Meeting)
Page (12)
126
(b) Woodbrook Precinct:
Beginning at the northern city limits of Charlottesville and its inter-
section with State Route 631 and the Southern Railroad right-of-way; then
northeast with the Southern Railroad right-of-way to its intersection with the
South Fork Rivanna River; then meandering northwest with the South Fork
Rivanna River to its confluence with Schroeder Branch; then north with
Schroeder Branch to its intersection with State Route 643; then north on State
Route 643 to its intersection with State Route 743; then northwest on State
Route 743 to its intersection with State Route 660; then southwest on State
Route 660 to its intersection with the South Fork Rivanna River; then meander-
ing south with the South Fork Rivanna River to its intersection with State
Route 743; then south on State Route 743 to its intersection with State Route
631; then east on State Route 631 to its intersection with the Southern
Railroad right-of-way and the northern city limits of Charlottesville, the
point of beginning.
(c) Branchlands Precinct:
Beginning at the northern city limits of Charlottesville and its inter-
section with State Route 631 and the Southern Railroad right-of-way; then
northwest on State Route 631 to its intersection with U. S. Route 29; then
south on U. S. Route 29 to the northern city limits of Charlottesville; then
east with the city limits to its intersection with the Southern Railroad
right-of-way and State Route 631, the point of beginning.
Sec. 6-3. Sm~e--Jack JouettMagisterial District.
The 3ack Jouett Magisterial District shall include two (2) voting pre-
cincts, bounded as hereafter set out and named as follows:
(a) Jack Jouett Precinct:
Beginning at the intersection of State Route 660 and the South Fork
Rivanna River; then meandering southeast with the South Fork Rivanna River to
its intersection with State Route 743; then south on State Route 743 to its
intersection with the western city limits of Charlottesville; then south with
the city limits to its intersection with the U. S. Routes 29/250 Bypass; then
southwest with the U. S. Routes 29/250 Bypass to its intersection with State
Route 601; the northwest on State Route 601 to its intersection with State
Route 676; then west on State Route 676 to its intersection with State Route
614; then west on State Route 614 to its intersection with the Mechum River;
then meandering northeast with the MechumRiver to its confluence with the
Moormans River where they form the South Fork Rivanna River; then meandering
southeast with the South Fork Rivanna River to its intersection with State
Route 660, the point of beginning.
(b) University Hall Precinct:
Beginning at the intersection of the U. S. Routes 29/250 bypass and the
northwestern city limits; then south with the city limits to its intersection
with Alderman Road; then north on Alderman Road to its intersection with
McCormick Road; then west on McCormick Road to its intersection with Edgemont
Road; then northwest on Edgemont Road to its intersection with the fire road
connecting Edgemont Road and the driveway leading to the Lewis Mountain
Estate; then north on said fire road to its intersection with the driveway
leading to the Lewis Mountain Estate; then north on said driveway to its
intersection with U. S. Route 250 Business; then west on U. S. Route 250
Business to its intersection with U. S. Routes 29/250 bypass; then northeast
on U. S. Routes 29/250 bypass to its intersection with the northwestern city
limits, the point of beginning.
Sec. 6-4. Sm.e--RivaunaMagisterial District.
The Rivanna Magisterial District shall be divided into four (4) voting
precincts, bounded as hereafter set out, and named as follows:
May 15, 1991 (Regular Night Meeting)
Page (13)
127
(a) Keswick Precinct:
Beginning at the intersection of the Albemarle/Orange/Louisa County line;
then southwest with the Albemarle/Louisa County line to its intersection with
the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna
County line to its intersection with the Rivanna River; then meandering north-
west with the Rivanna River to its confluence with Shadwell Creek; then north-
east with Shadweli Creek to its origin near the ridge of the Southwest Moun-
tain range; then northeast with the ridgeline of the Southwest Mountain Range
to its intersection with the Albemarle/Orange County line; then east with the
Albemarle/Orange County line to its intersection with the Albemarle/Orange/
Louisa County line, the point of beginning.
(b) Stony Point Precinct:
Beginning at the intersection of the North Fork Rivanna River and the
Southern Railroad right-of-way; then meandering south with the North Fork
Rivanna River to its confluence with Redbud Creek one thousand feet south of
its confluence with the South Fork Rivanna River; then east with Redbud Creek
to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain
range; then northeast with the ridgeline of the Southwest Mountain range to
its intersection with the Albemarle/Orange County line; then west with the
Albemarle/ Orange County line to its intersection with the Southern Railroad
right-of-way; then southwest with the Southern Railroad right-of-way to its
intersection with the North Fork Rivanna River, the point of beginning.
(c) Hollymead Precinct:
Beginning at the intersection of the Southern Railroad right-of-way and
the South Fork Rivanna River; then meandering northwest with the South Fork
Rivanna River to its confluence with Schroeder Branch; then north with
Schroeder Branch to its intersection with State Route 643; then north on State
Route 643 to its intersection with State Route 743; then north on State Route
743 to its intersection with State Route 606; then northeast on State Route
606 to its intersection with State Route 763; then east on State Route 763 to
its intersection with U. S. Route 29; then north on U. S. Route 29 to its
intersection with the Albemarle/Greene County line; then east with the
Albemarle/Greene County line to its intersection with the Albemarle/Orange
County line; then east with the Albemarle/Orange County line to its intersec-
tion with the Southern Railroad right-of-way; then southwest with the Southern
Railroad right-of-way to its intersection with the South Fork Rivanna River,
the point of beginning.
(d) Free Bridge Precinct:
Beginning at the northern city limits of Charlottesville and its inter-
section with State Route 631 and the Southern Railroad right-of-way; then
northeast with the Southern Railroad right-of-way to its intersection with the
North Fork Rivanna River; then meandering south with the North Fork Rivanna
River to its confluence with Redbud Creek one thousand feet south of its con-
fluence with the South Fork Rivanna River; then east with Redbud Creek to its
origin near the ridge of Wolfpit Mountain of the Southwest Mountain range;
then southwest with the ridgeline of the Southwest Mountain range to its
intersection with the origin of Shadwell Creek; then southwest with Shadwell
Creek to its confluence with the Rivanna River; then meandering west with the
Rivanna River to its intersection with the eastern city limits of Charlottes-
ville; then northeast with the city limits to its intersection with State
Route 631 and the Southern Railroad right-of-way, the point of beginning.
Sec. 6-5. Same--Samuel Miller Magisterial District.
The Samuel Miller Magisterial District shall be divided into four (4)
voting precincts, bounded as hereafter set out, and named as follows:
(a) Ivy Precinct:
Beginning at the intersection of the MechumRiver and State Route 614;
then east on State Route 614 to its intersection with State Route 676; then
southeast on State Route 676 to its intersection with State Route 601; then
southeast on State Route 601 to its intersection with Ivy Creek; then meander-
ing southwest with Ivy Creek to its intersection with State Route 677; then
May 15, 1991 (Regular Night Meeting) ~_28
Page (14)
southeast on State Route 677 to its intersection with U. S. Route 250; then
west on U. S. Route 250 to its intersection with State Route 677; then south-
west on State Route 677 to its intersection with State Route 637; then south-
west on State Route 637 to its intersection with Interstate 64; then west on
Interstate 64 to its intersection with the MechumRiver; then meandering
northeast with the MechumRiver to its intersection with State Route 614, the
point of beginning.
(b) North Garden Precinct:
Beginning at the intersection of State Route 781 and Interstate 64; then
west on Interstate 64 to its intersection with Broad Axe Creek; then south
with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then
southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel
Mountain, Long Arm Mountain, Castle Rock, Moses Mountain, and Heard Mountain
to its intersection with State Route 633; then east on State Route 633 to its
intersection with Martin's Creek; then east on Martin's Creek to its conflu-
ence with the South Fork Hardware River; then meandering east with the South
Fork Hardware River to its intersection with the Ammonett Mountain ridgeline;
then northeast with the Ammonett Mountain ridgeline to its intersection with
the southern tributary of Walnut Branch; then east with the southern tributary
of Walnut Branch to its confluence with the South Fork Hardware River; then
meandering east with the South Fork Hardware River to its confluence with
White Oak Creek; then northwest with White Oak Creek to its intersection with
unnamed road; then north on unnamed road to its intersection with State Route
708; then west on State Route 708 to its intersection with State Route 631;
then northeast on State Route 631 to its intersection with State Route 781;
then north on State Route 781 to its intersection with Interstate 64, the
point of beginning.
(c) Batesville Precinct:
Beginning at the intersection of State Route 633 and the Albemarle/Nelson
County line; then northwest with the Albemarle/Nelson County line to its
intersection with State Route 636; then east on State Route 636 to its inter-
section with State Route 691; then north on State Route 691 to its intersec-
tion with U. S. Route 250; then east on U. S. Route 250 to its intersection
with Interstate 64; then east on Interstate 64 to its intersection with Broad
Axe Creek; then south with Broad Axe Creek to its origin near the ridge of
Taylors Mountain; then southwest with the ridgelines of Taylors Mountain,
Martins Mountain, Israel Mountain, Long Arm Mountain, Castle Rock, Moses
Mountain, and Heard Mountain to its intersection with State Route 633; then
west on State Route 633 to its intersection with the Albemarle/Nelson County
line, the point of beginning.
(d) East Ivy Precinct:
Beginning at the intersection of Interstate 64 and State Route 781; then
north on State Route 781 to its intersection with the southern city limits of
Charlottesville; then north with the city limits ~o its intersection with
Alderman Road; then north on Alderman Road to its intersection with McCormick
Road; then west on McCormick Road to its intersection with Edgemont Road; then
northwest on Edgemont Road to its intersection with the fire road connecting
Edgemont Road and the driveway leading to the Lewis Mountain Estate; then
north on said fire road to its intersection with the driveway leading to the
Lewis Mountain Estate; then north on said driveway to its intersection with U.
S. Route 250 Business; then west on U. S. Route 250 Business to its intersec-
tion with U. S. Routes 29/250 Bypass; then north on U. S. Routes 29/250 Bypass
to its intersection with State Route 601; then northwest on State Route 601 to
its intersection with Ivy Creek; then meandering southwest with Ivy Creek to
its intersection with State Route 677; then southeast on State Route 677 to
its intersection with U. S. Route 250; then west on U. S. Route 250 to its
intersection with State Route 677; then southwest on State Route 677 to its
intersection with State Route 637; then southwest on State Route 637 to its
intersection with Interstate 64; then east on Interstate 64 to its intersec-
tion with State Route 781, the point of beginning.
May 15, 1991 (Regular Night Meeting)
Page (15)
129
Sec. 6-6. Sm~--ScottsvilleMagisterial District.
The Scottsville Magisterial District shall be divided into four (4)
voting precincts, bounded as hereafter set out, and named as follows:
(a) Scottsville Precinct:
Beginning at the intersection of State Route 620 and the
Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna
County line to its intersection with the James River, the Albemarle/Buckingham
County line; then southwest with the Albemarle/Buckingham County line to its
intersection with State Route 627; then north on State Route 627 to its
intersection with State Route 626; then northeast on State Route 626 to its
intersection with State Route 20; then northwest on State Route 20 to its
intersection with State Route 712; then northwest on State Route 712 to its
intersection with the Ammonett Mountain ridgeline; then northeast with the
Ammonett Mountain ridgeline to its intersection with the southern tributary of
Walnut Branch; then east with' the southern tributary of Walnut Branch to its
confluence with the South Fork Hardware River; then meandering east with the
South Fork Hardware River to its confluence with White Oak Creek; then north-
west with White Oak Creek to its intersection with unnamed road; then north on
unnamed road to its intersection with State Route 708; then east on State
Route 708 to its intersection with State Route 620; then southeast on State
Route 620 to its intersection with the Albemarle/Fluvanna County line, the
point of beginning.
(b) Monticello Precinct:
Beginning at the intersection of State Route 781 and the southern city
limits of Charlottesville; then east with the city limits to its intersection
with the Rivanna River; then meandering southeast with the Rivanna River to
the Albemarle/ Fluvanna County line; then southwest with the
Albemarle/Fluvanna County line to its intersection with State Route 620; then
northwest on State Route 620 to its intersection with State Route 708; then
west on State Route 708 to its intersection with State Route 631; then north-
east on State Route 631 to its intersection with State Route 781; then north
on State Route 781 to its intersection with the southern city limits of
Charlottesville, the point of beginning.
(c) Porter's Precinct:
Beginning at the intersection of State Route 627 and the James River, the
Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham
County line to its intersection with the Rockfish River, the Albemarle/Nelson
County line; then north with the Albmmarle/Nelson County line to its inter-
section with the easternmost ridgeline of the Fan Mountains, where Appleberry
Mountain and Butler Mountain cross the Albemarle/Nelson County line; then
northeast with the ridgeline of said mountains to its intersection with State
Route 712; then southeast on State Route 712 to its intersection with State
Route 20; then southeast on State Route 20 to its intersection with State
Route 626; then southwest on State Route 626 to its intersection with State
Route 627; then south on State Route 627 to its intersection with the James
River, the Albemarle/Buckingham County line, the point of beginning.
(d) Covesville Precinct:
Beginning at the intersection of State Route 633 and the Albemarle/Nelson
County line; then east on State Route 633 to its intersection with Martin's
Creek; then east on Martin's Creek to its confluence with the South Fork
Hardware River; then meandering east with the South Fork Hardware River to its
intersection with the easternmost ridgeline of the Fan Mountains where
Appleberry Mountain and Ammonett Mountain cross the South Fork Hardware River;
then southwest with the ridgeline of said mountains to its intersection with
the Albemarle/Nelson County line; then north with the Albemarle/Nelson County
line to its intersection with State Route 633, the point of beginning.
Sec. 6-7. Same--White~allMagisterial District.
TheWhite Hall Magisterial District shall be divided into three (3)
voting precincts, bounded as hereafter set out, and named as follows:
May 15, 1991 (Regular Night Meeting)
Page (16)
130
(a) Crozet Precinct:
Beginning at the intersection of State Route 636 and the Albemarle/Nelson
County line; then northwest with the Albemarle/Nelson County line to its
intersection with the Albemarle/Augusta County line; then northeast with the
Albemarle/ Augusta County line to its intersection with the Albemarle/
Rockingham County line; then northeast with the Albemarle/Rockingham County
line to its intersection with the gate on Skyline Drive where Jones Fall Run
and the Falls Trail originate; then east with Jones Fall Run to its confluence
with the Doyles River; then meandering southeast with the Doyles River to its
confluence with the Moormans River; then meandering east with the Moormans
River to its intersection with State Route 671; then southwest on State Route
671 to its intersection with State Route 614; then southeast on State Route
614 to its intersection with the Mechum River; then meandering southwest with
the MechumRiver to its intersection with Interstate 64; then west on Inter-
state 64 to its intersection with U. S. Route 250; then west on U. S. Route
250 to its intersection with State Route 691; then south on State Route 691 to
its intersection with State Route 636; then west on State Route 636 to its
intersection with the Albemarle/Nelson County line, the point of beginning.
(b) Free Union Precinct:
Beginning at the Albemarle/Rockingham/Greene County line; then southwest
with the Albemarle/Rockingham County line to its intersection with the gate on
Skyline Drive where Jones Fall Run and the Falls Trail originate; then east
with Jones Fall Run to its confluence with the Doyles River; then meandering
southeast with the Doyles River to its confluence with the Moormans River;
then meandering east with the Moormans River to its intersection with State
Route 671; then southwest on State Route 671 to its intersection with State
.Route 614; then southeast on state Route 614 to its intersection with the
MechumRiver; then meandering northeast with the MechumRiver to its conflu-
ence with the Moormans River where they form the South Fork Rivanna River;
then meandering east with the South Fork Rivanna River to its confluence with
Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its
intersection with State Route 671; then northeast on State Route 671 to its
intersection with State Route 664; then north on State Route 664 to its inter-
section with State Route 810; then north on State Route 810 to its intersec-
tion with the Albemarle/ Greene County line; then west with the Albemarle/
Greene County line to its intersection with the Albemarle/Rockingham/Greene
County line, the point of beginning.
(c) Earlysville Precinct:
Beginning at the intersection of U. S. Route 29 and the Albemarle/Greene
County line; then west with the Albemarle/Greene County line to its intersec-
tion with State Route 810; then south on State Route 810 to its intersection
with State Route 664; then south on State Route 664 to its intersection with
State Route 671; then southwest on State Route 671 to its intersection with
Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its
confluence with the South Fork Rivanna River; then meandering southeast with
the South Fork Rivanna River to its intersection with State Route 660; then
northeast on State Route 660 to its intersection with State Route 743; then
southeast on State Route 743 to its intersection with State Route 606; then
northeast on State Route 606 to its intersection with State Route 763; then
east on State Route 763 to its intersection with U. S. Route 29; then north on
U. S. Route 29 to its intersection with the Albemarle/Greene County line, the
point of beginning.
AND, FURTHER ORDAINED that this ordinance shall be effective on and after
June 1, 1991.
Motion was then offered by Mr. Bain to adopt the following resolution
setting forth the polling places within the designated precincts.
BE IT RESOLVED that effective June 1, 1991, the polling places for the
various voting precincts in Albemarle County, Virginia, shall be as follows:
May 15, 1991 (Regular Night Meeting)
Page (17)
131
Precinct
Woodbrook
Berkeley
Branchlands
Jack Jouett
University Hall
Ivy
North Garden
Batesville
East Ivy
Scottsville
Monticello
Porters
Covesville
Keswick
Stony Point
Hollymead
Free Bridge
Crozet
Free Union
Earlysville
Polling Place
Woodbrook Elementary School
Eldercare Gardens
Senior Center
Jack Jouett Middle School
University Hall
Meriwether Lewis Elementary School
Red Hill Elementary School
Batesville United Methodist Church Social Hall
Kappa Sigma Auditorium
Scottsville Elementary School
Piedmont Virginia Community College
Yancey Elementary School
Covesville Presbyterian Church
Stone Robinson Elementary School
Stony Point Ruritan Building
Hollymead Elementary School
Elk's Lodge
Brownsville Elementary School
Jr. O.U.A.M. Building
Broadus Wood Elementary School
The foregoing motion was seconded by Mrs. Humphris. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Mr. St. John said there is still the need for an official map to be filed
'with the ordinance in the Clerk's Office. He suggested that the Board adopt a
resolution directing the Planning Department to draft a map reflecting magis-
terial district and precinct lines as established by the ordinance just
adopted, to be certified by the Electoral Board, and then filed with the
Clerk.
Motion to this effect was offered by Mr. Bain and seconded by Mr.
Perkins. Roll was called and the motion carried by the following recorded
vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 7. ZMA-90-28. Covenant Church of God. Public hearing
on a request to rezone 0.98 ac from R-4 (residential density of approx 4/du
ac) to CO. Property on NE side of Rio Rd approx 1/4 mi S of Greenbrier Dr.
Comprehensive Plan shows the area as Neighborhood Service & Low Density
Residential (1-4/du ac). TM61,P155. Rivanna Dist. (Advertised in the Daily
Progress on April 30 and May 7, 1991.)
Mr. Cilimberg gave the staff's report as follows:
Character of the Area: The 0.98 acres proposed for rezoning is
located at the rear of the existing church property. The Southern
Railway line is located west of and adjacent to the site. The
property to the east of the site is vacant.
Applicant's Proposal: The applicant is proposing to rezone 0.98
acres currently zoned R-4 to CO. This rezoning is intended to
accommodate the needs of the church. The applicant has submitted the
following proffer.
We propose that uses of the property being requested for rezon-
lng shall be restricted to those uses listed under
Section 23.2.1, Items 4, 7, 8; and those uses listed
under Section 23.2.2.
May 15, 1991 (Regular Night Meeting) 132
Page (18)
Comprehensive Plan: The parcel's land use designation is an area of
transition from Neighborhood Service to Low Density Residential.
Because of the scale of the Land Use Map and its intent to be sche-
matic in nature, a definitive determination has not been made. Staff
recommends that the rezoning be reviewed on the merits and practical-
ity of the request and not the exact interpretation of the Land Use
Map.
Summary and Recommendation: The requested zoning designation, CO,
states in part that its intent is as a transition between residential
districts and other more intensive commercial and industrial dis-
tricts. To further support the function of this site as a transi-
tional area, the applicant has submitted a proffer which limits the
future use of the site. The uses which are to be permitted are
similar to uses permitted in the R-4 zoning district by special use
permit. Therefore, this rezoning would'be consistent with uses which
are permitted on adjacent properties either by-right of by special
use permit.
The proximity of the Southern Railroad tends to make use of this site
for residential purposes unlikely. However, as part of a larger
parcel, this area may be used for residential purposes, as open
space, recreational area or parking. Staff has not considered the
size of the area to be rezoned, 0.98 acres, or the access to the
site, through the existing church, as factors which necessitate this
request as these conditions were self imposed by the applicant.
The Virginia Department of Transportation has commented that this
request could result in additional traffic on Route 631 which is
currently non-tolerable in this area. However, the applicant's
proffer limits the use of the property and while additional traffic
may occur, it is not anticipated that the level of increase would be
significant. In addition, normal church traffic tends to have peak
levels at times when the adjacent roadway is experiencing low traffic
volumes. Therefore, it is the opinion of staff that this request
will not increase congestion in the public streets. Based on site
acreage alone and a theoretical level of development potential,
traffic levels could be higher than anticipated by the existing
residential zoning. However, due to current site constraints such as
slope, stream location and lot configuration, it is unlikely that
extensive development could occur on site without waivers.
Staff is able to support this request based on the following reason-
ing:
Uses are limited to uses similar to those allowed by special use
permit in the adjacent R-4 district.
The Comprehensive Plan indicates this area as a transition
between Residential and Neighborhood Service. Commercial Office
zoning states in part that the intent of the district is to
serve as a transition between residential and more intensive
commercial zoning. This proposal meets that intent.
The proffered uses should not significantly increase traffic on
a non-tolerable road.
Staff has identified the following factor which does not support this
request:
a. Loss of residential holding capacity in the Urban Area.
The residential potential of this tract seems to be limited. Staff
opinion is that the favorable aspects of this rezoning outweigh the
negative aspects. Therefore, staff recommends approval of ZMA-90-28,
Church of God, subject to the acceptance of the applicant's proffer.
May 15, 1991 (Regular Night Meeting)
Page (19)
"We propose that uses of the property being requested for
rezoning shall be restricted to those uses listed under:
Section 23.2.1, Items 4, 7, 8
and those uses listed under:
Section 23.2.2."
133
Mr. Cilimberg said the Planning Commission, at its meeting on April 16,
1991, unanimously recommended approval of ZMA-90-28, subject to the appli-
cant's proffer.
The public hearing was opened. Pastor Harold Bare thanked the Board for
adjusting the agenda tonight. He said approval of this request would be an
aesthetic advantage to that portion of Rio Road since the current holding pond
is right on Rio Road and does not look that good. This would allow that
holding pond to be located out of sight and to be made more safe. The piece
of property to be rezoned will not cause a loss of residential density because
the topography makes the property inaccessible. The church is also on three
septic systems now so they will have to pay to have the building connected to
the public system. They hope to sell the church building in the future, as
they plan to move to a new location. The building contains 20,000 square feet
and is finely built and it needs more than 2.5 acres of land. It is an
asphalt jungle in the summer time. After nine years of negotiating with the
railroad, last week they got approval for an additional 25 foot right-of-way,
perpetual easement that can be transferred to a future owner, so they can
grade over and beautify along the railroad to make it a more attractive area.
In the future, this property will be next to the Meadow Creek Parkway, and it
mmy well be the only piece of property between the road and the railroad. It
will be a functional piece of property. The church has tried to make the
property attractive and functional. The property is zoned CO, so the building
was built carefully so it could become a CO use. The building needs this
"breather" space, and he asked approval of the 0.98 acre, which he said is not
enough, but is all that the church could obtain from the adjoining owner.
With no one else rising to speak, the public hearing was closed.
Mr. Bowie said he has no objection to this request. He agrees that the
positives outweigh the negatives, and he does not think the topography being
right next to the railroad, that it depletes any residential density from the
plan.
Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to approve
ZMA-90-28, subject to the following proffer:
"We propose that uses of the property being requested for rezoning shall
be restricted to those uses listed under:
Section 23.2.1, Items 4, 7, 8
and those uses listed under:
Section 23.2.2."
Roll was called on the foregoing motion which carried by the following
recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 10. Request from School Board for Transfer of Funds re:
Burley Auditorium/Gymnasium project and Brownsville heating and air condition-
ing replacement project.
Mr. Tucker said the Albemarle County School Board has requested a trans-
fer of funds in the Capital Improvements Program to cover two projects on
which bids were recently taken, and on which the bids came in over budget.
May 15, 1991 (Regular Night Meeting)
Page (20)
134
The transfer would be from the Woodbrook HVAC project in the amount of
$119,350, to the Burley Auditorium/Gymnasium Project in the amount of $56,150
and the Brownsville HVAC project in the amount of $ 63,200.
Mr. Tucker said it is hoped that favorable bids on the Albemarle High
School renovation project and the Brownsville masonry repair project will help
to reinstate the Woodbrook project in the plan.
In a separate but related matter, Mr. Tucker said the Burley and Browns-
ville projects are scheduled for appropriation on July 1, 1991. In order to
begin work as soon as school ends, the School Board requests that funds for
these two projects, as well as the underground fuel tank removal projects and
repaving projects, be appropriated at this time. He recommends approval of
the required appropriations.
Motion was offered by Mrs. Humphris to adopt the following appropriation
2resolution:
FISCAL YEAR:
FUND:
PURPOSE OF APPROPRIATION:
1990-91
CAPITAL IMPROVEMENT FUND
FUNDING OF BURLEY AND BROWNSVILLE PROJECTS
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1900060212800901
1900060251800901
1900060202800673
1900060251800901
1900060202800673
1900060100800675
1900060100950042
WOODBROOKHVAC
BURLEY RENOVATIONS
BROWNSVILLE HVAC
BURLEY RENOVATIONS
BROWNSVILLE HVAC
VARIOUS PAVING PROJECTS
UNDERGROUND STORAGE TANKS
TOTAL
($119,350.00
56,150.O0
63,200.00
291,000.00
184,800.00
66,800.00
149,000.00
$691,600.00
REVENUE DESCRIPTION AMOUNT
2900041000410500 BOND PROCEEDS $691,600.00
The motion was seconded by Mr. Way. Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 11. Request for Appropriation: Crozet Crossing Afford-
able Housing Project.
Mr. Tucker said Ms. Theresa Tapscott of the Albemarle Housing Improvement
Program (AHIP) has requested a portion of the County's cash contribution to
the CDBG - Crozet Crossing project. AHIP is administering this grant for the
County, and has requested that $40,000 to $50,000 be appropriated in order to
establish a cash reserve to pay vendors in a timely fashion.
Staff recommends that a minimum of $40,000 be appropriated. This would
leave $260,000 of the total $300,000 County match to be appropriated at a
future date. At this time, it is difficult to determine precisely when
additional funds will be needed, but it is anticipated that the bulk of the
remaining funds will not be needed until the Fall (September-November) of
1991.
Mr. Tucker said AHIP has already received bills for site planning/
engineering services and for consultant services for required archeological
surveys of the site. Appropriation of these funds will minimize the interest
paid on these bills.
Motion was offered by Mr. Bain to adopt the following resolution of
appropriation:
May 15, 1991 (Regular Night Meeting)
Page (21)
FISCAL YEAR:
FUND:
PURPOSE OF APPROPRIATION:
1990-91
GRANT
CROZET CROSSING AFFORDABLE
HOUSING PROJECT
EXPENDITURE
COST CENT~.R/CATEGORY
DESCRIPTION
135
AMOUNT
1122481025563100
1100093010930205
REVENUE
GRANT FUNDS TO AHIP
GEN'L FUND TRANSFER TO CDBG
TOTAL
DESCRIPTION
$ 600,000
40~000
$ 640,000
AMOUNT
2122433000330009
2122451000512004
2100051000510100
GRANT PROCEEDS
TRANSFER FROM GENERAL FUND
GENERAL FUND BALANCE
TOTAL
$ 300,000
300,000
40~000
$ 640,000
The foregoing motion was seconded by Mr. Bowerman. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 12. Resolution Ratifying Award of $3,000,000 School
Bonds, Series of 1991A, of Albemarle County, Virginia, to the Virginia Public
School Authority.
Mr. Tucker said this is the last resolution to be adopted by the Board,
and it ratifies the award of the VPSA bonds which were sold on May 9, 1991,
with an interest rate of 6.369 percent. The closing date for sale of the
bonds, at which time the funds will be available, is scheduled for Thursday,
May 23, 1991.
Motion was then offered by Mrs. Humphris, seconded by Mr. Perkins, to
adopt the following resolution:
RESOLUTION RATIFYING AWARD OF $3,000,000 SCHOOL BONDS,
SERIES OF 1991A, OF ALBEMARLE COUNTY, VIRGINIA,
TO VIRGINIA PUBLIC SCHOOL AUTHORITY
WHEREAS, by resolution adopted on April 3, 1991 (the "Bond Resolu-
tion''), the Board of Supervisors of Albemarle County, Virginia (the
"County"), provided for the issuance of $3,000,000 School Bonds, Series
of 1991A (the "Bonds"), of the County to the Virginia Public School
Authority (the "Authority");
WHEREAS, such resolution authorized the County Executive to award
the Bonds to the Authority at such interest rate or rates as would
produce a differential in each year of not more than one-tenth of one
percent (1/10 of 1%) over the annual rate to be paid by the Authority on
the bonds it sold to provide funds to purchase the Bonds, provided that
no interest rate on the bonds should exceed nine percent per year; and
WHEREAS, on May 15, 1991, the County Executive on behalf of the
County awarded the Bonds, bearing interest at the annual rates and
maturing on December 15 in years and amounts as shown on Exhibit A
hereto, to the Authority;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGINIA:
1. The action of the County Executive in awarding the Bonds to the
Authority is hereby ratified, approved and confirmed, and the Bonds
shall bear interest at the annual rates and shall mature on December 15
in years and amounts as shown on Exhibit A.
May 15, 1991 (Regular Night Meeting)
Page (22)
136
2. The Bonds shall be in substantially the form approved by the
Bond Resolution, with such changes as may be necessary or appropriate to
conform them to the provisions of this resolution.
3. This resolution shall take effect immediately.
EXHIBIT A
ALBEMARLE COUNTY, VIRGINIA
S3~000~000 SCHOOL BONDS~ SERIES OF 1991A
Year Amount Rate Year Amount Rate
1991 $ 60,000 7.80% 2001 $135,000 6.10%
1992 90,000 7.80 2002 130,000 6.30
1993 90,000 7.80 2003 135,000 6.35
1994 155,000 7.80 2004 140,000 6.35
1995 195,000 7.80 2005 145,000 6.35
1996 190,000 6.10 2006 150,000 6.35
1997 190,000 6.10 2007 150,000 6.35
1998 190,000 8.10 2008 150,000 6.35
1999 190,000 6.10 2009 160,000 6.35
2000 195,000 6.10 2010 160,000 6.35
The foregoing motion was seconded by Mr. Perkins. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 12a. Authorize Chairman to sign an easement between the
County of Albemarle and the County School Board for a permanent drainage
easement on property acquired by the County for the Agnor-Hurt Elementary
School.
Mr. Tucker said this is a request that the Chairman be authorized to sign
an easement for property described as TMP 45-94, containing 5.433 acres which
was retained by Albemarle County adjacent to the new Agnor-Hurt Elementary
School site. The detention facility to be constructed in conjunction with the
school project which straddles the property line has been designed with
consideration for the future development of the County's parcel.
This easement grants and conveys to the County School Board a drainage
easement on the 5.433 acre County parcel. At the same time, it grants and
conveys to the County a drainage easement on the school's parcel 45-95A.
The cost to construct the detention basin is included in the school
construction contract price. This easement doc~nnent also provides for the
County to asstune one-half of the maintenance and repair cost in the event the
County's parcel is developed and requires the use of this detention basin.
Motion was offered by Mrs. Humphris authorizing the Chairman to sign the
following easement on behalf of the County:
THIS EASEMENT made this 18th day of April, 1991, by and between
THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor/Grantee, and THE COUNTY
SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantee/Grantor,
WITNES SETH :
For and in consideration of TEN ($10.00) DOLLARS, cash in hand
paid, and other good and valuable consideration, the receipt of which
is hereby acknowledged, the County of Albemarle, Virginia, Grantor,
GRANTS and CONVEYS to the County School Board of Albemarle County,
Grantee, a permanent drainage easement containing 12,395 square feet
across property of the County of Albemarle, Virginia, as shown on
plat of Hayes, Seay, Mattern & Mattern, Inc., dated February 12,
1991, entitled "Plat Showing Drainage Easement for a Detention Basin
and Gasline Easement to be Dedicated to the City of Charlottesville
May 15, 1991 (Regular Night Meeting)
Page (23)
137
Gas Division on Tax Map 45-94 owned by the County of Albemarle,
Virginia" (the Plat). Reference is made to the Plat for the location
of the drainage easement.
The drainage easement is on property acquired by the County of
Albemarle, Virginia, by deed of William W. Stevenson, Trustee, et
al., dated October 5, 1990, and recorded in the Clerk's Office of the
Circuit Court of Albemarle County in Deed Book 1128, Page 654.
The Grantee, County School Board of Albemarle County, shall use
the drainage easement for the construction of a detention basin for
the benefit of property of the County School Board of Albemarle
County acquired from the County of Albemarle, Virginia, by deed dated
October 31, 1990, recorded in the aforesaid Clerk's Office in Deed
Book 1128, Page 650. The Grantee shall construct and maintain the
detention basin in a proper and workmanlike manner.
For and in consideration of TEN ($10.00) DOLLARS and other good
and valuable consideration, the receipt of which is hereby acknowl-
edged, the Grantor, the County School Board of Albemarle County,
Virginia, GRANTS and CONVEYS to the County of Albemarle, Grantee, its
successors and assigns, a permanent drainage easement containing
approximately 23,689 square feet as shown on the Plat. Reference is
made to the Plat for the location of the drainage easement.
The drainage easement is on property acquired by the County
School Board of Albemarle County, Virginia, described herein.
The County of Albemarle shall use the drainage easement for a
detention basin for the benefit of property of the County of
Albemarle, Virginia, described herein.
At such time as the property of the County of Albemarle, Virgin-
ia, described herein is developed and requires use of the detention
basin for drainage purposes, the County of Albemarle, Virginia, its
successors and assigns, agree to pay one-half of the maintenance and
repair costs of the detention basin.
WITNESS the following signatures and seals.
COUNTY OF ALBEMARLE, VIRGINIA
BY
COUNTY SCHOOL BOARD OF ALBEMARI~
COUNTY, VIRGINIA
BY
The foregoing motion was seconded by Mr. Bowerman. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 13. Approval of Minutes: March 13, March 18 and
March 20 (A), 1991.
Mr. Perkins had read the minutes of March 18, 1991, pages 9 to the end,
and found them to be in order.
Mr. Bowie had read the minutes of March 13, 1991, Page 26 beginning at
Item No. 19 to the end, and found only one typographical error.
Mr. Way had read all of the minutes for March 20 (afternoon), 1991, and
found them to be in order.
May 15, 1991 (Regular Night Meeting) ~_38
Page (24)
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve the
minutes which had been read. Roll was called and the motion carried by the
following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 14. Appointment. GTE-GIS Road Naming Co~nittee.
Mr. Bowerman recon~nended that Mr. Calvin Moyer of 314 Brentwood Road,
Charlottesville, be appointed as the Charlottesville District representative
on the GTE-GIS Road Naming Committee. He offered motion to this effect. The
motion was seconded by Mr. Bain. Roll was called and the motion carried by
the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Agenda Item No. 15. Other Matters Not Listed on the Agenda from the
Board.
Mr. Tucker said that this afternoon he learned of a mix-up at the staff
level that had to do with a grant the Piedmont Environmental Council had been
working on for a preliminary study and survey of a Carter's Bridge Rural
Historic District. The grant application had to be filed by five o'clock
today, so he sent the application and said it would be approved tonight by the
Board. The grant is for $16,000; the County's match is $8,000, but it only
requires $1000 in cash. The rest of the funds will be from private entities,
or in-kind services from the Planning Department.
Mr. Tucker said this is a fairly large area. It ties in with the South-
west Mountains study area and continues along Carter's Mountain through Keene
to North Garden. During the survey, they will look at and identify all of the
historic places in that area for possible preservation in the future. It is
an important study, and is needed in this county. If funded, it will ulti-
mately make a nice rural, historic preservation area for the entire eastern
part of the County.
Mr. Tucker said the Board needs to authorize the County Executive to sign
the grant application. Motion was offered by Mr. Way to authorize the County
Executive to sign the grant. The motion was seconded by Mr. Bain. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Mr. Tucker said that next Monday the Charlottesville City Council is
having a public hearing on the proposed E-911 telephone surcharge. He had
planned to write a letter to the City Manager urging that City Council adopt
the surcharge. He asked if the Board wished to send a formal resolution on
this matter, since he feels it is important that this project be undertaken as
a community effort. It was the consensus of the Board that a letter from the
County Executive would be appropriate.
Mr. Bain said he is concerned about the schedule of the Murray Elementary
School renovations, since he does not see a lot of activity taking place on
the site. He asked for some information from the staff in the near future.
Mr. Bowerman said the Rivanna Park Committee met yesterday. It accepted
a bid to complete Phase 2 from Abrahamse Construction Company. The bid was
$407,000, and the Committee cut nearly all of the concrete paving recommended
in the plan thereby dropping the price to about $300,000 which will allow a
$35,000 contingency to complete the project.
May 15, 1991 (Regular Night Meeting)
Page (25)
139
Also, the Committee now has a sense of the use of the park. Total use of
the park is about 44 percent county, 20 percent city, 28 percent nonresidents,
and about nine percent undetermined. More importantly, players in the base-
ball tournaments number about 24 percent county, 40 percent city, and 55
percent nonresident. The Committee took action to recommend that the softball
fees be increased to the teams for field usage for each game (they are cur-
rently $5.00 per game). There can be as many as ten games played on a field
in any given day. Also, parking fees should be charged, at least on the
weekends. The economics of having a paid attendant to collect parking fees
from nonresident automobiles would more than offset the cost of having an
attendant. That is an unanimous recommendation from the Committee.
Mr. Tucker said there will be a joint memorandum coming from both the
City and County Parks Directors, directed to the Board and City Council for
discussion on this subject.
Mr. Perkins said he had a call today from an architect working for Miller
School. They do not have a building permit yet, but they plan to put a gable
roof on one of the buildings in order to provide faculty housing. It is
expansion of a nonconforming building in a rural area, so they need a special
use permit. They want to speed up the hearing schedule. Following the normal
hearing schedule a petition would not get to the Board until August 7. They
hope to do the work this summer. Mr. Perkins said he talked to Mr. Cilimberg
who said that he can get the petition through the Planning Commission and back
to the Board by July 3, if the Board authorizes staff to schedule this request
out of sequence.
At this time, the Clerk interjected to ask if the Board had considered
cancelling the July 3 meeting. The staff must know whether to make any
changes in the hearing schedule. The Board agreed that they would not cancel
the meeting.
Mr. Bain said he is more concerned about hearing this request out of
sequence and then getting other requests to do the same thing. He does not
want to put "any heat" on the staff.
Mr. Cilimberg said he understands that what is involved is the creation
of new faculty housing space, and next summer, some increase in student
boarding space. There seemed to have been a misunderstanding between the
applicant and the zoning administrator about the need for a special permit, or
the application would have been filed much earlier. Staff does not recommend
accelerating schedules for the reasons Mr. Bain mentioned, but in this case,
if the Board feels it is appropriate, the staff will try to have the petition
back to the Board by July 3.
Mr. Perkins said he has talked with the Zoning Administrator, who said it
is an obscure County Ordinance that may not be understood, and she may bring
that back to the Board in the future to have it changed. In the meantime, Mr.
Perkins said he would offer a motion to have this request heard on July 3.
Mr. Cilimberg said the staff would try for that date, but if something
unforeseen comes up during writing of the staff report~ it may set that date
back.
Mr. Bain said he does not want to set the date for this petition. Mr.
Way said he does not believe there is any need for a motion. Mr. Bowie said
if there is no objection expressed, he will direct that the petition be
brought on, and put on the July 3 agenda, if possible.
Mr. Perkins withdrew his motion.
Mrs. Humphris said she has received a lot of correspondence and comments
from people concerning the removal of the pine trees at Albemarle High School
in order to extend the parking lot. It seems as though when the Planning
Commission approved the site plan, the issue of the pine trees was not a part
of the discussion. The trees appear to have been overlooked in the process.
She would like for the County Executive to look at the situation to see if
there is any way to save that grove of trees for the benefit of the public.
May 15, 1991 (Regular Night Meeting)
Page (26)
140
Mr. Bowerman asked when the site plan was approved. Mrs. Humphris said
it was on February 5, 1991, and this is a long time since that action, but,
nevertheless, the people who are just finding out about this are outraged
about the loss of these trees. There are a lot of issues involved here, and
the citizens really don't understand the process.
Mr. Bowie asked that there be a status report prepared for the next Board
meeting on the status of funds for the Albemarle High School project. He said
that he has had several comments about this issue also.
Mr. Cilimberg said he knows there was staff discussion of the trees at
the time of site plan approval. The thought was not to disturb anymore land
area than had to be disturbed because the school property does lie in the
South Fork Rivanna Reservoir watershed.
Mr. Bowie wondered if anybody had talked about reducing the number of
parking spaces, and requiring the students to ride the school buses. Mrs.
Humphris said a lot of people are saying that the trees should not be sacri-
ficed for parking, but then there is the requirement for the parking in the
Zoning Ordinance, and on the other hand there are the parents who are relieved
that the kids are driving, and say that the kids are working to support their
cars. Mr. Bowie said that is the parent's problem.
Mr. Way recalled that a year and a half ago, the Board had a request for
a special use permit in Schuyler where there were some tenant houses that did
not have sanitary facilities. The applicant had said that if the permit were
granted, the homes would become owner-occupied. He has received a letter from
Mr. S. Vance Wilkins, Jr., stating that every house has been sold to the
tenants. Because the houses sold for so much below the appraisal, there was
one hundred percent bank financing available on all of the houses. The owners
are already beginning to fix up and clean up around them. He feels that this
allowed some of the citizens to obtain better, affordable housing.
Mrs. Humphris said she is glad to have been wrong about this request.
Mr. St. John asked for directions from the Board concerning Cable T.V.
He said that staff has not been able to find anyone who would qualify as a
consultant or an expert to come to a Board meeting and talk unless a fee was
paid. Mr. St. John said he has found people in other counties who have just
gone through this franchising process, and he would like for the Board to
approve having them come to talk to staff.
Mr. Bowie said to go ahead and get it set up so that the Board can have a
report.
Mr. St. John said the Board had directed the staff to talk to someone
about cellular telephones, anybody other than a representative of the appli-
cant. They have been unable to do that. Mr. St. John said the applicant has
in-house personnel that he feels can give the Board the information it wants
on this question. There needs to be a policy set on these cellular telephone
towers. This is a more complicated question than he had originally thought.
He recommends that the Board rescind the condition that anybody who comes to
talk to staff be someone other than the applicant. The burden is on the
applicant to present facts and knowledge to enable the Board to make the
decision, otherwise, the permit is not granted.
Mr. Bain said he has no problem with that since it still takes action by
this Board to approve a permit.
Mr. St. John said he thinks there is a whole lot of leverage that can be
applied. The FCC will franchise two companies and require that they cooper-
ate, and require that they allow interlocking use of these facilities.
Mr. Bowie said if there were no objects, the original order from the
Board was rescinded. There were no objections expressed.
May 15, 1991 (Regular Night Meeting) 2L4~_
Page (27)
Agenda Item No. 15a. Executive Session: Acquisition of Property.
At 8:48 P.M., motion was offered by Mr. Bain to adjourn into executive
session under Virginia Code Section 2.1-344.A3, to discuss acquisition of
property for public purposes. The motion was seconded by Mr. Way. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Mr. St. John said he needed a short executive session to discuss a legal
matter of possible litigation in re: Clark Bros. violation of the Zoning
Ordinance. Motion was then offered by Mr. Bain to add to the executive
session a discussion under Virginia Code Section 2.1-344.A7 for the above
stated legal matter. The motion was seconded by Mr. Way. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
The Board reconvened into open session at 9:05 P.M. The following
resolution was adopted:
MOTION: Mr. Bain
SECOND: Mrs. Humphris
M~TING DATE: May 15, 1991
C~TIFICATION OF EXECUTIVE M~RTING
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
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.
AYES: Messrs. Bain, Bower-a-, Bowie, Mrs. Humphris, Mr. Perkins and
Mr. Way.
NAYS: None.
ABSENT DURING VOTE: None.
ABSENT DURING MEETING: None.
Not Docketed: Motion was offered by Mr. Bain, seconded by Mrs. Humphris,
to authorize the Chairman to sign an offer to purchase from the United States
of America, acting by and through the Administrator of General Services, the
surplus property formerly known as Bucks Elbow RMLR Site, 4-U-VA-684, consist-
ing of approximately 0.23 acre on an "as is, where is" basis, in order to
acquire a tower from the Federal government at a figure of $7500 which is the
tower that the County has been using with a permit from the FAA for police,
schools and general government.
May 15, 1991 (Regular Night Meeting) ~_z~2
Page (28)
(Metes and Bounds Description of Propert~ BML Plot Site. Ail that tract
or parcel of land situated in the White Hall Magisterial DistLict of Albemarle
County, Virginia, on Buck's Elbow Mountain and more fully described as fol-
lows: from a point being at the intersection of existing road and RML Drive,
proceed S 39 degrees, 59' E, 67.26 feet to a point, said point being the point
of beginning, thence N 40 degrees 11' E. 16.0 feet to a point, then S 49
degrees 49' W, 100.0 feet to a point, thence S 40 degrees 11' W, 100.0 feet to
a point, thence S 49 degrees 49' E, 100.0 feet to a point, thence N 40 degrees
11' E 84.0 feet to the point of beginning: containing in all 0.23 acres, more
or less.
Permanent non-exclusive risht-of-way. From a point being at the north-
westerly corner of the above described plot proceed N 40 degrees 11' E, 16.0
feet to a point being the point of beginning and on the centerline of a 30
foot wide right-of-way thence S 39 degrees 59' E, 42.26 feet to a point,
containing .029 acres, more or less.)
The foregoing motion was seconded by Mrs. Humphris. Roll was called and
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
Not Docketed: Mr. Bowie noted the new cover on the Board's agenda. He
said that if Board members had any comments, to forward them to the Clerk.
Agenda Item No. 16. Adjourn. At 9:08 P.M., with no further business to
come before the Board, the meeting was adjourned.
Chairman