1990-01-03January 3, 1990 (Regular Meeting)
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33
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on January 3, 1990, at 7:30 P.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
The following certification was received from the Clerk of the Court:
EDWARD H. BAIN, JR., DAVID P. BOWERMAN, and CHARLOTTE Y.
HUMPHRIS, who were on the 7th day of November, 1989 duly elected
members of the ALBEMARLE COUNTY BOARD OF SUPERVISORS, from the
Samuel Miller District, .Charlottesville District and Jack Jouett
District respectively, for the term of office of four years commenc-
ing on the first day of January 1990, on this 15th day of December,
1989 appeared before the Clerk of the Circuit Court of the County of
Albemarle, and with the United States Fidelity and Guaranty Company,
by Dale R. Bailey, attorney in fact, their surety, entered into and
acknowledged bonds in the penalty of ONE THOUSAND DOLLARS each,
conditioned and payable according to law, the said surety acting by
Dale R. Bailey, its thereunto authorized agent and attorney in fact,
who executed said bond on behalf of said Corporation by signing
thereto its corporate name and affixing thereto, its corporate seal
and who duly acknowledged the same.
And thereupon the said Edward H. Bain, Jr., David P. Bowerman
and Charlotte Y. Humprhis took and subscribed the oath of office
prescribed by law as member of the ALBEMARLE COUNTY BOARD OF SUPER-
VISORS.
[Signed by] Shelby J. Marshall, Clerk
PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman and F. R. Bowie,
Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mr. Peter T. Way.
ABSENT: None.
OFFICERS PRESENT: County Executive, Guy B. Agnor, Jr.; County Attorney,
George R. St. John; and County Planner, ~a~nePCiI~mherg.
Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by the
Acting Chairman, Mr. Agnor.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Election of Chairman.
Mr. Way said he has written a letter to the members of the Board, ex-
pressing his gratitude for their electing him Chairman for the past two years.
He also thanked Mr. Agnor and his staff and Miss Neher, Clerk, and her staff
for their assistance. He said he feels strongly that the Chairmanship should
change every two or three years, to avoid giving the public the idea that one
Supervisor is more powerful than the others. He said the County is fortunate
to have a Board composed of dedicated and intelligent individuals, any of whom
could fill the position of Chairman. For these reasons and to gain more time
for family and church duties, Mr. Way asked that he not be considered in the
upcoming election for Chairman.
Motion was then offered by Mr. Way and seconded by Mr. Perkins to nomi-
nate Mr. Bowie for Chairman.
Motion was offered by Mrs. Humphris and seconded by Mr. Bowerman to
nominate Mr. Bain for Chairman.
Motion was offered by Mr. Way and seconded by Mr. Perkins to close the
nominations for Chairman of the Board. 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.
January 3, 1990 (Regular Meeting)
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Mr. Bowie was then elected Chairman by the following recorded vote:
Mr. Bain:
Mr. Bowerman:
Mr. Bowie:
Abstain. Mrs. Humphris: Mr. Bain.
Mr. Bowie. Mr. Perkins: Mr. Bowie.
Abstain. Mr. Way: Mr. Bowie.
Mr. Bowie thanked the Board for conveying this honor upon him and prom-
ised to be the kind of Chairman the Board wants. He thanked Mr. Way for his
service as Chairman and commended him for leading the Board through many long
meetings with diplomacy and dignity and for treating the citizens with unfail-
ing courtesy and respect. Mr. Bowie then welcomed Mr. Bowerman and Mrs.
Humphris, both recently elected to the Board.
Agenda Item No. 5. Election of Vice-Chairman.
Motion was offered by Mrs. Humphris to nominate Mr. Bain to be Vice-
Chairman.
Motion was offered by Mr. Bowerman to nominate Mr. Perkins for Vice-
Chairman.
Motion was offered by Mr. Way and seconded by Mr. Bowerman to close the
nominations. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Bain, Bowerman and Bowie, Mrs. Humphris, Mr. Perkins and Mr.
Way~
None.
Mr. Perkins was elected Vice-Chairman by the following recorded vote:
Mr. Bain:
Mr. Bowerman:
Mr. Bowie:
Abstain.
Mr. Perkins.
Mr. Perkins.
Mrs. Humphris: Mr. Bain.
Mr. Perkins: Abstain.
Mr. Way: Mr. Perkins.
Agenda Item No. 6. Appointment of Clerk and Deputy Clerks.
Motion was offered by Mr. Bain and seconded by Mr. Perkins to appoint
Miss Lettie E. Neher as Clerk; Mrs. Ella W. Carey as Deputy Clerk; and Mrs.
Patricia L. Morris as Deputy Clerk. 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. Set Meeting Times, Dates and Places for Calendar Year
1990.
Mr. Agnor said the Board's agenda packets are prepared every Friday
before a Board meeting. With the meetings occurring on Wednesdays, and the
packets mailed on Fridays, the staff has little time to work on assignments
from both the meeting just held and the one to come. Mr. Agnor suggested that
the Board meet on Mondays to allow staff more time to prepare information
requested by the Board.
Mr. Bain pointed out that City Council meets on Mondays. He suggested
that packages could be hand-delivered to members of the Board on Monday
afternoon, which wouldVstaff more time. give
Mr. Bowie said he has worked his schedule around the Wednesday meetings
and nearly every other day is taken up by other commitments. Mrs. Humphris
said she has the same problem.
January 3, 1990 (Regular Meeting)
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Mr. Bowerman said he would prefer to have the packets delivered on
Friday, so he could review the material over the weekend. Mr. Bowie suggested
that whatever was ready on Friday could be delivered then, and any later
information could be provided to the Board on Monday.
Motion was offered by Mr. Bain and seconded by Mr. Way to set the meeting
times for the first and third Wednesdays of each month at 7:30 P.M, and the
second Wednesday of each month at 9:00 A.M., in the County Office Building on
McIntire Road. 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. 8. Set Dates for Hearing Zoning Text Amendments
Requested by Citizens.
Motion was offered by Mr. Way and seconded by Mrs. Humphris to hear
zoning text amendments on the first meeting in June and the first meeting in
December. 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. 9. Rules of Procedure, Adoption of.
Motion was offered by Mr. Way and seconded by Mrs. Humphris to re-adopt
the existing Rules of Procedure. 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. 10. Appointments. Mr. Bowie suggested that most of
these appointments be deferred until the Board's next meeting. Only the
following appointments were made.
o. Albemarle County Planning Commission.
Motion was offered by Mr. Bowerman and seconded by Mr. Way to appoint Mr.
Phil Grimm to the Planning Commission as the representative of the
Charlottesville District for a term to expire on December 31, 1993. 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.
Motion was offered by Mrs. Humphris and seconded by Mr. Way to appoint
Mrs. Jacquelyn Huckle to the Planning Commission as the representative of the
Jack Jouett District for a term to expire on December 31, 1993.
Ms. Humphris read from a statement prepared by Ms. Huckle in which Ms.
Huckle wrote that the County is more at risk now from rampant growth than at
any time during the past 46 years. Ms. Huckle wrote that the Planning Commis-
sion is the first line of defense in the attempt to make growth occur in a
planned and harmonious way. Mrs. Humphris said that Ms. Huckle currently
serves on the Board of Zoning Appeals and is well'versed in the County's
Comprehensive Plan and Zoning Ordinance.
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.
Council fo~
the Enviro~
January 3, 1990 (Regular Meeting)
(Page 4)
Motion was offered by Mr. Bain and seconded by Mr. Way to appoint Ms.
Ellen Andersen to the Planning Commission as the representative of the Samuel
Miller District for a term to expire on December 31, 1993. 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. 10p. Appointments: Social Services Board.
Motion was offered by Mrs. Humphris and seconded by Mr. Way to appoint
MS. Ann Rutherford Rooker as the representative from the Jack Jouett District
to the Social Services Board for a term to expire on December 31, 1993. 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. Bowie said the applications of those who applied for the Planning
Commission but were not appointed would be considered for the At-large posi-
tion on the Commission.
Agenda Item No. 11. Consent Agenda.
Mr. Bain said he would like to discuss later in the meeting Item 11.4,
which concerns the Department of Forestry's proposal for the Blue Ridge
Hospital site.
Motion was offered by Mr. Way and seconded by Mr. Bain to approve Item
4.11 and to accept all but Item 11.4 of the Consent Agenda. 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 11.1. Statements of Expenses for the Department of Finance,
Commonwealth's Attorney, Sheriff and Regional Jail for the month of December,
1989, were approved by the vote shown above.
Item 11.2. Letter dated December 19, 1989, from Mr. D. S. Roosevelt,
Resident Highway Engineer, acknowledging receipt of resolution concerning
design of the Route 660 bridge; received as information.
Item 11.3. County Executive's Financial Report for July 1 through
October 31, 1989; was received as information.
Item 11.4. Letter dated December 21, 1989, from Ms. Ellie Irons,
,Environmental Programs Planner, concerning the Department of Forestry's
mentproposal to develop the Blue Ridge Hospital site, accompanied by a copy of
Basic Environmental Impact Statement for the project; received as information
Item 11.5. Superintendent's Memo No. 273, from the State Department of
Education, dated December 20, 1989, re: 1989-90 Revised Entitlements for ADM
Related Accounts; received as information.
Item 11.6. Superintendent's Memo No. 277, from the State Department of
Education, dated December 20, 1989, re: Status of the Literary Fund;
as information.
Item 11.7. Application filed with the State Corporation Commission, on
December 18, 1989, by Commonwealth Gas Pipeline Corporation for a certificate
of public convenience and necessity under the Virginia Utility Facilities Act
received as information.
January 3, 1990 (Regular Meeting)
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Agenda Item No. 12. Public Hearing to receive comments from citizens on
the appointment of representatives to the Albemarle County School Board from
the Charlottesville District, Jack Jouett District and Samuel Miller District
(Advertised in the Daily Progress on December 19 and December 26, 1989.)
Mr. Bowerman said he has received applications from the following people
in the Charlottesville District: Mr. David Edmondsen, Ms. Patsy Moore, Ms.
Maria Bell, Mr. Joe Doughtry, and Ms. ¥ickie Harris Dillard.
Mr. Bowie asked if anyone present wished to speak concerning any of the
applicants from the Charlottesville District.
Ms. Lynly Gough, past President of the Albemarle Education Association,
addressed the Board and said she is speaking on behalf of the Association.
She said the Association would like to see someone appointed to the School
Board who is committed to public schools; who has no "hidden agenda"; who is
concerned about all the children in the County, not the needs of one district'
who is open-minded, willing to speak up and ask probing questions; who would
study any background information necessary; who is an independent thinker;
who understands the issues related to the County's growing population.
Since no one else wished to speak concerning the applicant from the
Charlottesville District, Ms. Humphris read the names of the following resi-
dents of the Jack Jouett District who have applied for the position: Mr.
George N. Asai, Mr. Richard A. Bagby, Ms. Virginia P. Michel and Ms. Audrey L
Welborn. Ms. Humphris said that Mr. Richard R. Lee had also applied for the
position, but could not be considered under State code, because he is a
teacher.
Ms. Audrey Welborn addressed the Board and said she has lived in the
Jouett District for ten years. Two of her three children are enrolled at
Western Albemarle High School; the third attends Henley Middle School. She
said she stays current in local affairs and runs her own business, a mail-
order business specializing in tennis accessories. She has also been active
in the school system, as a member of several PTO's and has always tried to do
what's best for the children. She would like to do everything she can to hel'
continue the high quality of education in the County within the limits of
County's budget.
Mr. Walt Crigler addressed the Board and spoke on behalf of Ms. Welborn.
He said that Ms. Welborn has the time, interest, energy and morality to
to a position on the School Board. He said he is convinced that Ms. Welborn
will keep an open mind when serving on the School Board and will keep the
heart of the children in mind.
Since no one else wished to speak on behalf of the applicants from the
Jack Jouett District, Mr. Bain said that Mr. Clifford W. Haury is the only
applicant for the School Board from the Samuel Miller District. Mr. Haury
appointed to serve out Mr. Bain's term when Mr. Bain became a member of the
Board.
Mr. Haury addressed the Board and said he believes that one of the
of the School Board is to view impartially the needs of the entire County.
a member of the School Board, his sole consideration ham been the children of
the County. He said the growth in enrollment will fill the elementary school~
by 1993, the middle schools shortly after and the high schools by the end of
the decade. In the past ten years, the enrollment in kindergarten alone has
increased 67 percent. He said these children must be assured a quality
education. He said the School Board has prepared a long range strategy for
handling the growing enrollment. Soon, the School Board will examine the
instructional programs with a Blue Ribbon Commission in order to create a lon
range strategy to insure excellence in teaching. He asked that the Board
listen carefully to the public. Mr. Haury said he has heard many people say
they are willing to pay higher taxes if more money is needed for education.
Paraphrasing Mr. Thomas Jefferson, Mr. Haury asked: "Who are the future
jurors, lawyers, doctors, carpenters, policemen, legislators, governors and
Supervisors? They are our children."
Since no one else wished to speak, Mr. Bowie closed the public hearing.
He said the appointments will be made at next week's meeting.
The Board recessed at 8:30 P.M. and reconvened at 8:44 P.M.
January 3, 1990 (Regular Meeting)
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Agenda Item No. 13. ZMA-89-19. Forest Lakes Associates. Public
on a request to rezone 4.145 acres from R-l, Residential to C-l, Commercial.
Property, described as Tax Map 32, Parcel 32 (part of) is located east of U.S
Rt. 29N on Worth Crossing and Rt. 649 (Proffit Road). Rivanna District.
(Advertised in the Daily Progress on December 19 and December 26, 1989.)
Mr. Cilimberg presented the staff's report~as follows:
"Summary: Staff review of this proposal has found the request in
compliance with the Comprehensive Plan and Section 33.9 of the
Zoning Ordinance, and therefore recommends approval subject to the
applicant's proffers.
Comprehensive Plan Recommendations: This site is located within the
Community of Hollymead and is designated as Regional Service. The
purpose and intent of this district is to provide comparison shop-
ping and specialized goods and services. The Comprehensive Plan
states that this area is intended to 'serve commercial service needs
for the Hollymead community, the airport and Route 29 North traffic.
This location is expected to accommodate multiple uses for future
commercial development convenient to a variety of users'. This
request is in compliance with the Comprehensive Plan.
Staff Comment: The applicant has submitted the following proffers
with this proposal:
1. To grant an access easement from Tract IV to Tract III.
To limit the entrance from Tract~IV to Worth Crossing to
one entrance.
That landscaping on Tract IV will be similar to the
landscaping required for ZMA-88-16 (Shopping Center).
I will reserve 60 feet from the center line of Route 649
to the property line of Tract IV, for the future widening
of Route 649.
Staff opinion is that these proffers are consistent with
previous actions by the County and adequately address staff's
concerns.
Staff Recommendation: Staff recommends approval of ZMA-89-19
subject to the above proffers submitted by the applicant."
Mr. Cilimberg said the applicant has clarified the second proffer to
read: "To limit the entrances from Tract IV to Worth Crossing to one en-
trance, and that one to be from Worth Crossing". In a letter dated
December 15, 1989, to Mr. William D. Fritz of the Department of Planning and
Community Development, the applicant, Mr. Frank A. Kessler, submitted a
proffer as follows: "There will not be any type of automotive repair shop of
any description on this tract of land". Mr. Cilimberg said the Planning
Commission, at its meeting on December 19, 1989, unanimously recommended
approval of ZMA-89-19 subject to the five proffers.
Mr. Bowie said he does not understand the amendment to the second prof-
fer. Mr. Bowerman said the second proffer as written originally was ambigu-
ous. The intent of the proffer is to limit the entrances to Tract IV to one
and that one entrance must be from Worth Crossing. In other words, there is
to be no entrance to Tract IV from Route 649.
Mr. Bowie opened the public hearing. Mr. John Kessler, representing
Kessler Group, addressed the Board and offered to answer any questions.
no one else wished to address this issue, Mr. Bowie closed the public
and placed the matter before the Board.
Mr. Bain noted that the designation of C-1 would be in accordance with
the Comprehensive Plan, but he wondered if this designation would work as
in this area as other zonings might. Mr. Cilimberg said the most intense
zoning possible in this case would be HC, Highway Commercial, and that desi
nation would allow some uses that might not be compatible with a regional
service area.
January 3, 1990 (Regular Meeting) 39
(Page 7)
Motion was offered by Mr. Bowerman and seconded by Mrs. Humphris to
approve ZMA-89-19 with the following proffers as amended. Roll was called an
the motion carried by the following recorded vote:
AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way.
NAYS: None.
1. To grant an access eaaement from Tract IV to Tract III.
2. To limit entrances from Tract IV to Worth Crossing to one, and
that one to be from Worth Crossing.
3. That landscaping on Tract IV will be similar to the landscaping
required for ZMA-88-16 (Shopping Center).
4. I will reserve 60 feet from the center line of Route 649 to the
property line of Tract IV, for future widening of Route 649.
5. There will not be any type of automotive repair shop of any
description on this tract of land.
Mr. Bowie commended the brevity of the staff's report and said he plans
to discuss methods of streamlining the presentation of these reports with Mr.
Agnor and Mr. Cilimberg.
Agenda Item No. 14. Approval of Minutes: May 17, June 7(N), June SI(N)
August 9, October 18(N) and November 15(N), 1989.
Mr. Bowie had read the minutes for June 7(N), 1989, Page 14 to the End
and found them to be in order, with the exception of one typographical error.
Motion was offered by Mr. Way and seconded by Mrs. Humphris to approve
the minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Bain, Bowie, Perkins and Mr. Way.
NAYS: None.
ABSTAINING: Mr. Bowerman and Mrs. Humphris.
Agenda Item No. 15. Other Matters Not Listed on the Agenda From the
Public and Board Members.
Mr. Bain referred to Item No. 11.4 of the Consent Agenda, an environmen-
tal impact statement (EIS) for the Forestry Department building on the Blue
Ridge Hospital site. Mr. Agnor said that Mr. Cilimberg and the Planning star
are preparing a report in response to the EIS put forth by the Council on the
Environment. Ms. Humphris asked if the staff's report would reiterate the
Board's position on the proposal by the Forestry Department. Mr. Cilimberg
said "yes". Mr. Bowie said the Board would like to take as strong a position
as possible against this proposal.
Mrs. Humphris distributed copies of an article from the Daily Progress
dated December 12, entitled "Fairfax Sharply Restricts Commercial Develop-
ment''. She said this article tells of a landmark decision by the Fairfax
County Board of Supervisors to restrict commercial development on thousands o
acres, reversing a policy of growth held for over ten years. Mrs. Humphris
said the voters in Fairfax County have rebelled against the unpleasant
by-products of growth, such as traffic, heavy taxes and expensive housing.
Mr. Perkins suggested that the public be given the chance to speak undez
"Other Matters" at the beginning of the meetings, rather than the end. Mr.
Bowie said he supported this suggestion. Mr. Way said the public was once
encouraged to speak at the opening of the meeting, but sometimes citizens
spoke too long and delayed the hearing of scheduled items on the agenda. Mr.
Bowie said he would discuss this matter with the County Executive and the
Clerk. Perhaps rules could be developed that would facilitate the hearing of
public comments early in the meeting.
January 3, 1990 (Regular Meeting)
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40
Mr. Ed Eitelberg addressed the Board and said that he and his wife
retired to the County 15 years ago. They live in the Old Salem apartments.
He is concerned about the burning of building materials by construction
companies. Mr. Eitelberg said he talked with Mr. Bob Jenkins, the County's
Fire Prevention Officer, and learned that a construction company can burn
construction materials if the materials are built 500 feet from the nearest
building. The fire must also be contained and, if the burning interferes
the health and well-being of near-by residents, it is against the law. He
said these laws may suffice for a rural area, but not for the urban area of
the County. He said the construction company who is burning materials on
property adjoining the Old Salem apartments is acting within the law, but he
is not happy with the law. He said that several residents experienced respi-
ratory discomfort after the burning. He said he thinks the law should be
reviewed and changed, for the good of the people of the County.
Mr. Agnor said the law referred to by Mr. Eitelberg is a State law and
its amendment would require action by State agencies and not the County. Mr.
Agnor said the Board has banned the burning of construction material in the
urban area of the County, but the site referred to by Mr. Eitelberg is just
over the boundary, in the rural areas.
Mr. Bowie said this matter cannot be resolved tonight, but he thinks the
Board intended to disallow the burning of construction materials in heavily
populated areas. He asked staff to review this situation.
Mr. Way saidthe residents of the Woolen Mills area have conveyed their
thanks to the Board for seeing that the streets were cleared of ice and snow.
Mr. Bowie said the Rivanna Greenbelt Plan will be presented at 7:30 P.M.
January 9, 1990, in City Hall in Council Chambers.
Mr. Bowie said the Board has received a letter from Mr. Benjamin Dick,
dated December 19, 1989, on behalf of the Foxfield Racing Association. He
said that Mr. Dick asks that a meeting be held between representatives of the
Association and the County to discuss a transition plan for the Association t.
follow as it decreases its reliance on County police officers. Mr. Bowie
asked if any members of the Board wished to attend this meeting. Since no
member did, Mr. Bowie suggested that staff handle this matter.
On December 11, 1989, Mr. Bowie said, he spoke to the Commission
Infrastructure Costs and Needs in Virginia. Mr. Bowie said he has prepared a
response to some questions raised during that hearing and he handed copies of
the response to the other members of the Board.
Agenda Item No. 16. Adjourn. With no further business to come before
the Board, the meeting was adjourned at 9:16 P.M.
CHAIRMAN