1988-02-17 adjFebruary 17, 1988 (Afternoon Adjourned Meeting) 580
(Page 1)
An adjourned meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on February 17, 1988, at 3:00 P.M., Rooms 5/6, County
Office Building, McIntire Road, Charlottesville, Virginia. This meeting was
adjourned from February 10, 1988.
PRESENT: Messrs. Edward H. Bain, Jr., F. R. Bowie, Mrs. Patricia H.
Cooke, Messrs. C. Timothy Lindstrom (arrived at 3:10 P.M.) and Walter F.
Perkins.
ABSENT: Mr. Peter T. Way.
OFFICERS PRESENT: County Executive, Guy B. Agnor, Jr.; Deputy County
Attorney, James V. Bowling, IV; Deputy County Executive, Robert W. Tucker,
Jr.; and Deputy County Executive, Ray B. Jones.
Agenda Item No. 1. The meeting was called to order at 3:00 P.M. by the
Vice-Chairman, Mrs. Cooke.
Agenda Item No. 2. Work Session: Albemarle County Code of Laws. Also
present at this time was Mr. Randall Herndon, Senior Coordinating Copy Editor,
The Michie Company, who was engaged to update the County Code of Laws.
Mr. Agnor said the Board had been furnished a copy of the changes recom-
mended to be made in the County Code by Michie Company. These changes have
been reviewed by his staff and the County Attorney. Some of the changes are
merely updates in state law, while other proposals require agreement by the
Board before being advertised for inclusion in the Code. Although amendments
are published each six months to the County Code, a complete update has not
been made since the Code was recodified in 1976.
Mr. Tucker explained that he would speak only about the revisions on
which a Board decision is needed. All propoSals are set out below:
CHAPTER 1
GENERAL PROVISIONS
Sec. 1-6. General Penalty~ continuing Violations. Change words "thirty
days" to read "twelve months" to comply withCode of Va. 15.1-505 as this
relates to the imprisonment penalty for violations of regulations, ordinances,
etc.; add the following language to the first sentence: "provided, that such
shall not exceed those penalties provided by'the Code of Virginia for like
offenses."
(Mr. Lindstrom arrived at 3:10 P.M.)
CHAPTER 2
ADMINISTRATION
Article I. In General.
Sec. 2-1. N,,~her~ appointment~ etc., of members of school board. Update
to provide for four-year terms for all school board members in accordance with
Code of Va. Section 15.1-609.1.
Article II. Planning Commission.
Division 2. Comprehensive Plan.
Sec. 2-14 (a). Surveys and studies to be made in preparation of plan~
implementation of plan. Amend this paragraphEto match Code of Va. Section
15.1-447(1)(a) by adding the words preservation of agricultural and forestal
land, production of food and fiber" following~"use of land" and "the need for
housing" following "transportation facilities'. As allowed by Code of Va.
Section 15.1-447, provide the exception to the requirement that the local
commission survey and study production of food and fiber.
Sec. 2-16. Notice and hearing on plan; tecommendation by commission to
board of supervisors. Amend to match Code ofiVa. Section 15.1-448.
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February 17, 1988 (Afternoon Adjourned Meeting)
(Page 2)
Sec. 2-18. Adoption or disapproval of plan by board of supervisors.
Amend to match Code of Va. Section 15.1-450.
Sec. 2-23. Legal status of plan. Amend to comply with Code of Va.
Section 15.1-456, however, keep subsection (d) which refers to county ordi-
nances rather than state statutes.
Article VI. Highway Safety Commission.
Secs. 2-36 through 2-40. Recommend deleting this entire article. Mr.
Tucker said state enabling legislation concerning this group has been re-
pealed, therefore, staff recommends that this article be deleted from the
County Code. Mrs. Cooke said that because this committee has been active and
complied with state regulations concerning meetings, the committee has gener-
ated many dollars in grant monies for the County, such as: police department
programs, for the school system, the rescue squards, and the drunk driving
task force. She asked if wiping out this committee means that there are no
longer any grant monies available. Mr. Tucker was not sure, but said that
staff would check further into this question before advertising this section
for deletion.
CHAPTER 2.1
AGRICULTURAL AND FORESTAL DISTRICTS
Sec. 2.1-3. Development of parcels to more intensive uses. Add "other
than a use resulting in more intensive agricultural or fo~estal production"
following "more intensive use" in the first paragraph in accordance with the
third sentence of subsection D of Code of Va. Section 15.1-1511 as amended in
1987.
CHAPTER 3
AMUSEMENTS
Article II. Dance Halls.
Sec. 3-11. Defined. Add a proviso concerning certa'in restaurants
having dance floors to this section, in accordance with the first paragraph of
Code of Va. Section 18.2-433.
Mr. Tucker said the staff has checked and it does not appear that this
proviso applies to counties.
CHAPTER 4
ANIMALS AND FOWL
Article 1. Generally.
Sec. 4-4. Definitions. Change "dog warden" to read "animal warden" in
this section and throughout Chapter 4. Delete reference to Code of Va.
29-184.2. Add "horses" to the definition of "livestock" in accordance with
Code of Va. Section 3.1-796.66. Change the footnote at the end of the section
to refer to Code of Va. Section 3.1-796.66.
Sec. 4-8. Duty of dog warden or other officer upon finding stolen, etc.~
dog. In line 4, change "five days" to read "seven days," in accordance with
Code of Va. Section 3.1-796.127 and change footnote to refer to that section.
Sec. 4-9. Dogs killing or injuring livestock or poultry--generally.
Amend to match Code of Va. Section 3.1-796.116 as amended in 1987 and change
footnote accordingly.
Sec. 4-10. Killing unlicensed dogs. Amend to match Code of Va. Section
3.1-796.119 as amended in 1987, and change footnote accordingly.
Sec. 4-11. Disposal of dead dogs. Amend to match Co~e of Va.
3.1-796.121 as amended in 1987 and change footnote accordingly.
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 3)
582
Division 3. Licenses.
Sec. 4-23. Amount of license tax. In last paragraph, add an exemption
for "hearing dogs," as provided in Code of Virginia 3.1-796.87, and change
reference, to footnote to read Section 3.1-796.87.
Sec. 4-28. License to consist of receipt and tag. Amend to match first
sentence of Code of Va. Section 3.1-796.90, and change footnote accordingly.
Sec. 4-30. License tags--Attachment to collar. Add "and worn by such
dog," in accordance with Code of Va. Section 3.1-796.92, and change footnote
accordingly. (The staff suggests that Sec. 4-30 and Sec. 4-31 be combined
into one paragraph.)
Sec. 4-31. Same--Contents. Amend to match the last sentence of Code of
Va. Section 3.1-796.90, and change footnote accordingly.
Sec. 4-32. Same--Collar and tag to be worn by dog; exceptions. Amend to
match last two sentences of Code of Va. Section 3.1-796.92 and change footnote
accordingly.
Sec. 4-33. Same-Duplicates. Amend fee for a duplicate license to $1.00
in accordance with Code of Va. Section 3.1-796.91 and change footnote to refer
to that section.
Sec. 4-35. Penalties for violation of sections 4-32 and 4-34. Amend to
a Class 4 misdemeanor pursuant to Code of Vai Section 3.1-796.128.
Sec. 4-37. Penalty for failure to obtain license. Delete last sentence
as being unenforceable.
Mr. Lindstrom asked what the current penalty is under Section 4-35. Mr.
Agnor said it is $2.50 for the first offense if a dog is found running at
large without a dog tag, and $5.00 for each separate offense. For kennel
dogs, the permit may be revoked, and the owners would have to buy individual
tags for each dog. Mr. Perkins asked if the~fine could be spelled out instead
of having it as a Class IV misdemeanor. Mr. iBain said the Class IV would be
the maximum fine, the judge has discretion to use that amount, or a lesser
amount, depending on the offense. ~
Mr. Bowling said he would like to talk 4o Mr. St. John concerning this
question. He believes that if the Board trigs to enact a penalty of a lesser
amount, the law would say that the Board is ~ntering into a judge's
discretion, and it cannot do that. A judge will be called upon to enforce the
Board's ordinance, and that judge might not look favorably on the Board's
attempts to limit his discretion.
CHAPTER 5
BUILDINGS
Sec. 5-1. Virginia Uniform Statewide Building Code adopted. Replace
current section with the following language:
The Virginia Uniform Statewide Building Code, Volume I, New Construction,
a copy of which is and shall remain on file in the office of the building
official, shall control all matters concerning the design, construction,
alteration, addition, enlargement, repair, removal, demolition, conversion,
use, location, occupancy and maintenance of 611 buildings and structures in
the county, and all other functions which pertain to the installation of
systems vital to all buildings and structure and their service equipment as
defined by the Virginia Uniform Statewide Building Code, Volume I, New Con-
struction, and shall apply to existing and proposed buildings or structures in
the county.
Sec. 5-3.1. Restrictions on issuance of certain permits. Recommend
deleting this provision as it was a temporary provision ending on December 31,
1984.
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February 17, 1988 (Afternoon Adjourned Meeting)
(Page 4)
Sec. 5-6.1 Smoke detectors in certain buildings. Amend to comply with
1984 amendments to Code of Va. Section 15.1-29.9.
CHAPTER 5.1
DEALERS IN PRECIOUS METALS
Sec. 5.1-3. Same--Procedure for obtaining~ term~ renewal. Amend the
application fee in subsection (a) to read "a two hundred dollar application
fee," in accordance with Code of Va. Section 54-859.23 and Section 54-859.26.
Also amend subsection (a) to require the dealer's date of birth on the appli-
cation form in accordance with Code of Va. Section 54-859.23.
Mr. Tucker said the staff feels that the current fee should remain in
effect as an incentive to have people apply, rather than having them operate
illegally. Mrs. Cooke agreed, saying she did not think many people would
apply for a permit which cost $200.00. Mr. Bowie said he thought Mr. Herndon,
in his letter of November 19, 1987, indicated that the new fee is mandatory.
Mr. Herndon said that is correct. Mr. Agnor then suggested that Mr. Herndon
and the County Attorney discuss this question and decide if the fee really is
mandatory.
Sec. 5.1-7. Records, copies of bills of sale requir~d~ inspection.
Amend to reflect the 1987 amendments to Code of Va. Secti6n 54-859.16.
Sec. 5.1-13. Penalties. In accordance with Code off!Va. Section
54-859.25, amend subsection (a) to provide for punishmenti~as a Class 2
misdemeanor for the first offense, and a Class 1 misdemeanor for subsequent
offenses.
CHAPTER 7
EROSION AND SEDIMENTATION CONTROL
Article II. Protection of Water in South Rivanna
River Reservoir.
Sec. 7-15 of this article provided for the expiration of this article on
September 30, 1977; recommend deleting this Article due to its expiration, and
also because other permanent provisions for watershed protection have since
been adopted.
CHAPTER 8
FINANCE AND TAXATION
Article I. In General.
Sec. 8-1.2. Erroneous assessments. In subsection (a) update state law
references to read Code of Va. Sections 58.1-3980 and 58.1~-3981. Amend
subsection (c) to comply with Code of Va. Section 58.1-398D.
Sec. 8-1.3. Fee for returned checks. Amend to matchi Code of Va. Section
58.1-12. :
Article IV. Tax on Bank Net Capital.
Change title to "Bank Franchise Tax" to reflect current state law termi-
nology.
Article VIII. Special Assessments for Agricultural,
Horticultural, Forest or Open Space Real Estate.
Sec. 8-31. Definitions. In lines 5 and 6 change "commissioner of
agriculture and commerce" to "commissioner of agriculture and consumer servic-
es,'' in compliance with Code of Va. Section 58.1-3230. Change the definitions
of "real estate devoted to forest use" and "real estate devoted to horticul-
tural use" to match those in Code of Va. Section 58.1-3230~ Under the defini-
tion of "real estate devoted to open space use," change "Rirector of the
commission of outdoor recreation" to read "department of conservation and
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 5)
584
historic resources," to match Code of Va. Section 58.1-3230, and change
"section 58-769.12" to read "section 58.1-3240."
Sec. 8-33. Applications for assessment--By property owner. Change
"commissioner of agriculture and commerce" to read "commissioner of agricul-
ture and consumer services"; "director of the department of conservation and
economic development" to read "department of forestry"; and "director of the
commission of outdoor recreation" to read "department of conservation and
historic resources."
Sec. 8-34. Same--Processing; continuation of assessment~ etc.~ fees. In
subsection (a), change 14.1-143 to 14.1-143.2 and in subsection (d) amend to
conform to Code of Va. Section 58.1-3234.
Sec. 8-35. Determinations to be made by local officers before assess-
ment. In subsection (a), change "director of the department of conservation
and economic development, commission of outdoor recreation or commissioner of
agriculture and commerce" to read "director of the department of conservation
and historic resources, the state forester or the commissioner of agriculture
and consumer services," in compliance with Code of Va. Section 58.1-3233 as
amended in 1987.
Sec. 8-36. Valuation of real estate. In the last sentence of subsection
(a), amend the titles of states agencies, etc., as above.
Sec. 8-37. Changes in use of assessed Ceal estate~ roll-back taxes.
Amend to conform to Code of Va. Section 58.1+3237 as amended in 1985. In
subsection (c) change the state law referenc9 to read "Article 4 of Chapter 32
of Title 58.1." ~
Sec. 8-38. Separation of part of assessed real estate~ contiguous real
estate located in more than one locality. Arhend to conform to Code of Va.
Section 58.1-3241 as amended in 1984. Change state law reference in sub-
section (a) as per Section 8-37 above.
Sec. 8-40(e). Violations~ penalties~ assessment. In compliance with
Code of Va. Section 58.1-3238 amend this sub~ection to provide for an addi-
tional 100 percent penalty if the material m{sstatement was made with the
intent to defraud the county.
Article IX. Transient Occupancy Tax.
Sec. 8-41. Imposed~ amount of tax. Add "travel campgrounds" to this
section. ~
Sec. 8-42. Report of gross receipts regeived during precedinR year;
payment; administration of article. Amend l~nguage to provide for quarterly
payment schedule rather than annual payment ~chedule.
Sec. 8-43. Penalty. Amend language tolprovide for penalty charge of ten
dollars, plus the addition of an interest charge for unpaid tax.
~n collecting the transient
Mr. Jones said there have been problems.'
occupany tax when there was a change of ownership during the year. That is
one reason for recommending the change in SeQ. 8-42. Staff also recommends
the change in penalty from two dollars to teH dollars plus the addition of
interest on the unpaid tax.
Article X. Real Estate Tax Exemption for Certified
Solar Energy Equipment, Facilities or Devices.
Sec. 8-44. Definitions. Amend the definition of "state certifying
authority" to match Code of Va. Section 58.1~3661B.
Sec. 8-47. Application. Change "state,office of housing" to read "state
department of housing and community development," pursuant to Code of Va.
Section 58.1-3661C.
Sec. 8-50. Demonstration of performance of system. Change "state office
of housing" as above.
585
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 6)
Sec. 8-51. Transmission of form to housing office~ certification of
approval. Change "state office of housing" as above.
Sec. 8-53. Assessment. Change "state office of housing" as above.
CHAPTER 9
FIRE PROTECTION
Article I. In General.
Sec. 9-2. Duty to extinguish fires built in open~ liability for forest
fires. In subsection (c) change "shall'be guilty of a misdemeanor ... one
hundred dollars" to read "shall be guilty of a Class 4 misdemeanor," to match
Code of Va. Section 10-63.
Sec. 9-3. Throwing inflammatory objects from vehicles. In subsection
(b) change "shall be guilty of a misdemeanor ... or both such fine and impris-
onment'' to read "shall be guilty of a Class 2 misdemeanor for each separate
offense," to match Code of Va. Section 10-64.1.
Article II. Fire Prevention Code.
In light of the Virginia Statewide Fire Prevention Code Act (Code of Va.
Section 27-94 et seq.), adopted in 1986, several changes should be made to
this article. First, since Code of Va. Section 27-94 states that the State-
wide Fire Prevention Code shall supersede local fire prevention regulations,
sections 9-4 through 9-6 should be replaced with a new section similar to that
of replacing Section 5-1 of the County Code, simply stating the applicability
of the Statewide Fire Prevention Code in the county and the availability of a
copy in the office of the fire official.
Article III. Fireworks.
Sec. 9-8. Fire protection systems. Subsections (d)!and (e) to be
changed to refer to the Statewide Fire Prevention Code.
Sec. 9-10. Manufacture~ sale, discharge, etc.~ of certain fireworks
prohibited. Amend to match Code of Va. Section 59.1-142 as amended in 1986
(changes chemical description with a general description).
Sec. 9-12. Permits for public displays--Required. Change "county
executive" to "fire official" in two places. ~
Sec. 9-13. Same-Application. Change "county executive" to "fire offi-
cial'' in three places.
Sec. 9-14. Same-Investigation~ issuance or refusal. Change "county
executive" to "fire official" in two places.
Sec. 9-15. Same--Conditions. Change "county executige" to "fire offi-
cial'' in two places.
Sec. 9-16. Same--Liability insurance or bond required. Change "county
executive" to "fire official and licensed insurance company" in two places.
Article IV. Burning of Brush, etc.
Sec. 9-22(a). Limitation on hours of burning between March 1 and May 15.
Amend to match 1986 amendment to Code of Va. Section 10-62(b) (Amends language
to reflect the 300 foot setback for burning woodland).
Sec. 9-23.1. Authority of county fire marshal. Change "fire marshal" to
"fire official" in title and text.
Sec. 9-23.3(a). Adoption of regulations of state air pollution control
board. Reflect proper reference of the State Air Pollution Control Board
regulations and the specific county department to be notified of possible
violations.
~ebruary 17, 1988 (Afternoon Adjourned Meeting)
(Page 7)
586
Sec. 9-24. Violations} penalties. In accordance with Code of Va.
Section 10-62(d), change "shall be guilty ... for each offense" to read "shall
be guilty of a Class 4 misdemeanor for each separate offense."
CHAPTER 10
HEALTH AND SANITATION
Article II. Septic Tank Cleaners.
Michie was undecided as to whether or not this article is still valid.
The staff recommends that the section be kept. Further research is needed by
County staff.
CHAPTER 10.1
LAW ENFORCEMENT
Sec. 10.1-1. Police force established. Recommend amending this section
to reflect current law enforcement responsibilities, and delete the last
sentence in reference to the sheriff's responsibility in law enforcement.
Mr. Jones said this ordinance was written to be applicable during the
transition period when changing from the Sheriff's Office to the Police
Department, and it was inadvertently not amended when that change was com-
pleted. It is recommend that the amendment be made at this time.
Mr. Lindstrom said he would prefer to have the hearing on this amendment
immediately, and not wait until the County Code is ready for adoption. He
thinks it would be advantageous to have the question resolved before budget
work sessions begin. He then offered motion to set a public hearing for
March 9, 1988, on an amendment to Section 10.1-1 to delete the section which
was a transitional provision. The motion was seconded by Mr. Bain. Roll was
called and the motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
None.
Mr. Way.
CHAPTER 11
LICENSES
Article I. In General.
Sec. 11-12(c). Taxes--When payable~ penalties for nonpayment. Amend
penalty for non-payment of license tax from two dollars to ten dollars as
provided in Code of Virginia.
Sec. 11-16(b)(3). Same--Certification of erroneous assessments~ refunds.
Amend to reflect Code of Va. Section 58.1-3710 requiring that refunds be
prorated on a monthly basis when a licensee goes out of business.
Sec. 11-23. ¥iolations~ penalties. Amend penalties specified to maximum
amounts allowable in local ordinances pursuant to Code of Va. Section
58.1-3916.1 as amended in 1986.
Article II. Schedule of Taxes.
Division 1. Generally.~il
Sec. 11-27(i). Alcoholic beverages. Th~ fruit distiller's license tax
is listed as $500.00. Code of Va. Section 4-38 now permits the county to
charge up to $1,500.00 for this license. Staff recomments that the license
fee remain as shown in the current ordinance.'= The Board did not disagree.
Sec. 11-38. Loan agencies.
6.1-249.
Delete reference to Code of Va. Section
587
Sec. 11-40. Pawnbrokers.
58-840 to Sec. 54-840.
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 8)
Correct reference to Code of Va. Section
Division 3. Contractors, Developers, Electricians,
Plumbers, Steamfitters and Speculative Builders.
Sec. 11-57. Proration of Tax. Code of Va. Section 58-302.2, upon
this section was based, has been repealed. There is no similar section either
in Title 58.1 or elsewhere. Delete this section in its entirety.
Division 4. Peddlers, Solicitors and Itinerant Vendors.
Sec. 11-60. Itinerant Vendors. This section was based on former Code of
Va. Section 54-809 et seq. (repealed in 1983). The county license for itiner-
ant vendors now appears to be governed by Code of Va. Section 58.1-3717, which
specified a maximum annual license tax of $500.00. Amend language as provided
in Code of Va. Section 58.1-3717, but maintain current fee.
Sec. 11-60.1. Show and sale. The "show and sale" license was based on
old Code of Va. Section 58-381.1, which has been repealed. No current spe-
cific state law authority for a "show and sale" license was found. Staff
recommends no change; leave as is.
Sec. 11-62. Peddlers--Generally. Amend subsection (d) to require a flat
fee of $500 for a peddler's license in accordance with Code of Va. Section
58.1-3717.
Mr. Tucker said the County's ordinance is now worded so that a peddler
pays a tax of two hundred fifty dollars when he travels oh foot, and when he
peddles otherwise than on foot, the tax is five hundred dollars, and then
there are many exceptions in that section for different categories of ped-
dlers. Staff recommends that the section be worded so as~to require a flat
fee of $500.00. Mr. Bain and Mrs. Cooke agreed.
Sec. 11-63. Same--~Selling to licensed dealers or retailers. Amend this
section to reflect language found in Code of Va. Sections ~58.1-3718 through
3719, with a license rate of five cents per one hundred d~llars of purchases.
Division 5. Personat~ Profession, Business or Repair Service Businesses, Occupations or Professions.
Sec. 11-66. Repair~ personal~ business and other services.
(a) Generally. In accordance with Code of Va. Section 58.1-3706A.4.,
change "thirty cents" to read "thirty-six cents." Also change "expected" to
"excepted" (typographical error).
(e) Enumerated. Eliminate "pawnbrokers" since Section 11-40 also covers
pawnbrokers.
"Photographers and photographic services". Code! of Va. Section
58.1-3727 limits the county license tax on photographers with no regularly
established place of business in the state. Add notation to this effect.
Sec. 11-68. Retail merchants. Since Section 11-27 specifies different
categories and fees for alcoholic beverage licenses, it wa~ recommended that
"alcoholic beverages" be deleted from the list of retail m~rchanges. Staff
recommends no change; leave as is.
Sec. 11-69. Wholesale merchants. For the same reason as stated in
Section 11-68 above, it was recommended that "alcoholic beverages" be deleted
from this section. Staff recommends that no change be mad&; leave as is.
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 9)
588
CHAPTER 12
MOTOR VEHICLES AND TRAFFIC
Article I. In General.
Sec. 12-1. Adoption of state law. Amend dates of "July 1, 1975" and
"October 1, 1975" with date of Supplement 23 which is to be "April 13, 1988."
Sec. 12-5(b). Authority of fire department officials to direct traffic~
etc. Delete last sentence of this subsection which gives a fire chief arrest
powers; this is invalid.
Sec. 12-7. Permits for parades and processions. Changes the words
"county executive" to "chief of police."
Sec. 12-8.1. Parking--Certain restricted areas. Amend to comply with
Code of Va. Section 46.1-181.4:1 as amended in 1987 and change footnote
accordingly.
Sec. 12-9. Compliance with chapter~ penalty for violation of chapter.
Amend penalty specified in subsection (b) to match Code of Va. Section
46.1-16.01.
CHAPTER 13
OFFENSES--MISCELLANEOUS
Sec. 13-8(b). Drunkenness in public~ profane swearing. Delete this
section. There is no authority for the punishment imposed under this section.
Sec. 13-10. Going out of business sales--Permits required. Delete this
section. State Code provisions will then app~ly.
Sec. 13-15. Obstructing justice by threats or force. Amend to match
Code of Va. Section 18.2-460(a) as amended in 1984.
Sec. 13-20. Trees~ shrubs~ etc.--Unlawful destruction~ injury, etc.
Pursuant to Code of Va. Section 18.2-140, add a proviso to the end of the last
sentence stating that subsequent approval of the owner, agent, etc., shall be
a bar to further prosecution or suit.
Sec. 13-21. Trespass--After having bee~ forbidden to do so. Amend to
reflect 1982 and 1987 amendments to Code of Va. Section 18.2-119.
CHAPTER 14
PARKS AND RECREATION
Article II. Waters Owned or Controlled by County.
Sec. 14-11(c). Same--Fees. Delete next~ to last sentence reading: "No
~ees paid under this section shall be refunded." and replace with the fol-
lowing words: "No fees paid for daily park entry or season passes shall be
refunded." This gives staff more flexibility in other program refunds where
legitimate refund requests are made.
CHAPTER 15
PERSONNEL
Article II. Equalization of Pay of Certain Boards
and Commissions.
Sec. 15-2. Enumerated. "Monticello Area community action organization"
is actually "Monticello Area community action' agency." There is no longer a
soil erosion advisory board, delete that name'.
Mr. Tucker said the staff also recommends listing all appropriate boards
and commissions currently in existence under this section for compensation.
It was suggested that this item might take too much time to finalize, and that
589
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 10)
it not be included in this update of the County Code, but that a report be
drafted listing boards and commissions which are covered under other types of
provisions for payment of duties, and also listing those that are not cur-
rently paid for their service.
Sec. 15-3. Members excluded. The title "County welfare board" has
officially been changed to "Social Services board".
CHAPTER 15.1
RADIOACTIVE MATERIALS
Add a Sec. 15.1-3.1 which will provide language in accordance with State
Code Sec. 44-146.38 which requires localities to have a local "hazardous
materials coordinator"; this function is currently being provided by the
Emergency Management Coordinator, Michael Carroll, Director of the Joint
Dispatch Center.
CHAPTER 17
SOLICITORS
Sec. 17-2. Registration required. In line 1, change word "sheriff" to
"chief of police."
Sec. 17-4. Same--Fees. A 1983 amendment to Code of.:Va. Section
15.1-37.3:2 increased the maximum amount the county may charge for a solici-
tor's permit from $10.00 to $20.00. However, staff recommends that the fee
not be changed.
CHAPTER 18
SUBDIVISION OF LAND
Article 1. In General.
Sec. 18-2. Definitions. Change "state highway commission" to read
"commonwealth transportation board" pursuant to Code of Va. Section 33.1-1,
and "state department of highways" to read "state department of transporta-
tion'' pursuant to Code of Va. Section 2.1-1.1.
Article II. Administration of Chapter.
Sec. 18-11. Dedications for public use. Change "state highway commis-
sion'' to read "commonwealth transportation board" pursuant to Code of Va.
Section 33.1-1, and "state department of highways and transportation" to read
"state department of transportation" pursuant to Code of Va. Section 2.1-1.1.
Sec. 18-12. Public utility and drainage easements. Change "state
highway commission" to read "commonwealth transportation board" pursuant to
Code of Va. Section 33.1-1, and "state department of highways and trans-
portation'' to read "state department of transportation" pursuant to Code of
Va. Section 2.1-1.1.
Article III. Design Standards.
Division 2. Improvements.
Sec. 18-18. Generally. Change "state highway commission" to read
"commonwealth transportation board" pursuant to Code of Ve~ Section 33.1-1,
and "state department of highways and transportation" to read "state depart-
ment of transportation" pursuant to Code of Va. Section 2.'1-1.1.
Division 4. Lots.
Sec. 18-30. Location. Change "state highway commission" to read "com-
monwealth transportation board" pursuant to Code of Va. Sedtion 33.1-1, and
"state department of highways and transportation" to read "state department of
transportation" pursuant to Code of Va. Section 2.1-1.1.
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 11)
590
Division 6. Streets.
Sec. 18-36(e)(1). Private roads. Change "Virginia department of high-
ways and transportation" to read "state department of transportation" pursuant
to Code of Va. Section 2.1-1.1.
Sec. 18-36(e)(4). Change "state department of highways and transporta-
tion'' to read "state department of transportation" pursuant to Code of Va.
Section 2.1-1.1.
Sec. 18-37. General standards of design.
(c) Street angle. Change "state department of highways and transpor-
tation'' to read "state department of transportation" pursuant to Code of Va.
Section 2.1-1.1.
(f) Street grade. Change "Virginia department of highways" to read
"state department of transportation" pursuant to Code of Va. Section 2.1-1.1.
(m) Access roads. Change "state department of highways and transpor-
tation'' to read "state department of transportation" pursuant to Code of Va.
Section 2.1-1.1.
(o) Entrance onto public roads. Change "state department of highways"
to read "state department of transportation" pursuant to Code of Va. Section
2.1-1.1.
Sec. 18-38. Classifications. Change "state department of highways" to
read "state department of transportation" pursuant to Code of Va. Section
2.1-1.1.
Sec. 18-39. Required minimum improvements of public streets. Change
"state department of highways" to "state department of transportation" pursu-
ant to Code of Va. Section 2.1-1.1. In the footnote, delete the reference to
Code of Va. Section 15.1-446(c) which has been repealed.
Article I¥. Platting.
Division 2. Preliminary Plats and Plans.
Sec. 18-46. Decision by commission--Time limit. Amend to reflect the
last three paragraphs of Code of Va. Section !15.1-475 relative to approval of
preliminary plats by state agencies.
Division 3. Final Platsn
!
Sec, 18-55. Contents. Change "Virginia department of highways and
transportation" to read "state department of itransportation" pursuant to Code
of Ya. Section 2.1-1.1.
Article V. Special Provisions App!licable to
Certain Division.
Sec. 18-57(g). Ex~Imption of certain di~isions~ qualifications. Change
"state department of highways and transportatiion" to read "state department of
transportation" pursuant to Code of Va. Section 2.1-1.1.
Mr. Tucker said the entire chapter on subdivision of land is scheduled
for review this year by the planning and community development department.
The above changes are basically cosmetic changes to comply with amended state
Code sections. Other recommendations will be~ presented at a later date.
CHAPTER 19.1
WATER AND SEWERS
Article II. Protection of Public Drinking Water.
Sec. 19.1-10(a). Penalties~ legal remedies. Amend to change general
punishment for violations from not exceeding ~'thirty days" to "twelve months",
so as to match the change Chapter 1, Sec. 1-6 as set out above and as per-
mitted by the Code of Virginia.
591
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 12)
Sec. 19.1-11. Water cross-connections and backflow prevention--Rule~:
adopted. Change date references of December 8, 1977, and~ May 7, 1974,~to read
"current rules of the Albemarle County Service Authority and in accordance
with the most recently adopted regulations of the Virginia department of
health."
Sec. 19.1-12. Same-Violations; penalties. Change "thirty days" to
"twelve months."
CHAPTER 20
ZONING
Change date "December 22, 1969" in the editor's note to read
"December 10, 1980," which is the date of adoption of the current zoning
ordinance, and in the second sentence, change "county planning department" to
"zoning administrator."
Mr. Tucker said there is one other suggestion on which no paperwork was
furnished today. The staff has received calls from citizens concerning the
discharge of firearms in subdivisions. This matter has been discussed with
the County Attorney, and he has agreed that this act can be prohibited by
enacting an ordinance similar to the dog leash ordinance.? Mr. Tucker said
staff finds this to be an adequate way to provide this protection. Mr. Agnor
said that many of the complaints related to target shootihg in neighborhoods
and were not related to hunting. ~
Mrs. Cooke said with the urbanization of the County, iit might be worth-
while to look into having a county-wide prohibition on the discharge of
firearms in a residential community. Mr. Tucker said thelistaff felt there
would be difficulty in deciding which areas could be incl&ded, and decided it
would be best to put the burden on the people in the particular subdivision
where there was a concern about the discharging of firearms.
Mr. Bowie said there could be a situation where one ~erson in a neighbor-
hood target practices, and he would find it hard to restrict every person in
the county just because that one person shoots. If the residents in the
subdivision signed a petition requesting that their subdi¢ision have a restric-
tion imposed on that subdivision, he feels that would be ~he best way to
handle the situation.
Mrs. Cooke said she is of a different mind. As the County becomes more
densely populated, she thinks the County will have the same kinds of problems
that face cities, so where Albemarle County is like a cit~, she thinks the
laws governing those areas should be the same as in densely populated residen-
tial areas. It is complicated, and a lot to deal with when there is a poten-
tial hazard in a neighborhood. If a person has to get petitions signed to
prohibit a certain activity, it stirs up a commotion. Sh~ does not think that
discharging firearms is the type of activity that should Sake place within a
certain density of neighborhood.
Mr. Lindstrom said he did not disagree with Mrs. Cooke, but felt it might
be best to deal with the problem in the same fashion as tRe way the dog leash
law is handled. That way, people in the far reaches of t~e County would not
be affected. Areas shown as growth areas in the Comprehensive Plan are
logical beneficiaries of this kind of regulation.
Mr. Bain said if it really is a problem, he would nod be against formu-
lating some type of solution, but if there are only a fewlcompliants, he would
not rush to adopt an ordinance to cover the whole urban a~ea. Mr. Perkins
said he thinks the problem is more of a noise problem thai a shooting problem.
it is possible to safely put a shooting range in the basement of a house. It
is also possible to put a shooting range in a back yard a~d pose no hazard to
anyone.
Mrs. Cooke said she feels that in the urban, growth areas, the county is
faced more and more with the same kind of problems that a~e prevalent in
cities. She thinks some way must be found to combat the problem before it
becomes a bad neighborhood problem. Mr. Bain said he would favor an ordinance
February 17, 1988 (Afternoon Adjourned Meeting). 592
(Page 13)
that required that the residents sign a petition to have the area included
under the ordinance provisions. If this activity is taking place in the rural
areas now, those people might sign a petition and not then push this restric-
tion on people living in the urban areas.
Mrs. Cooke said it appears that the Board members would be amenable to
having an ordinance on the subject of shooting in subdivisions similar to the
way the leaf burning, and dog leash ordinances are handled. She asked for a
motion. Motion was then offered by Mr. Bowie to establish a procedure for
control of firearms similar to that drafted on leaf burning and dog leash
laws, triggered by a petition signed by a majority of the citizens in the
subdivision. The motion was seconded by Mr. Bain. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
Mr. Lindstrom said the Land Use Regulations Committee (LURC) suggested
that the ordinances dealing with land use regulations be extracted from the
County Code, and along with the Zoning Ordinance, be included in a handbook.
Mr. Lindstrom said as the County grows, the laws become more complex, and
although this is not an urgent matter, he would hope that by June the staff
could furnish the Board with a report on this question. It would be consis-
tent with trying to simplify the land use process.
With no further discussion of this topic, motion was offered by Mr.
Lindstrom to adopt a resolution of intent to ~amend the Code of Albemarle
pursuant to the memoranda provided today containing suggestions by The Michie
Company staff and County staff, with the public hearing to be held on
April 13, 1988. The motion was seconded by Mr. Bain. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
Agenda Item No. 3. Meadow Creek Parkway, discussion of. Mr. Agnor said
that at last week's meeting, the staff had recommended completion of the
feasibility analysis for that section of the ~oadway (Meadow Creek Parkway)
across and north of the Rivanna River in orde~ to provide the Board with
enough information to decide if they are willing to construct this roadway
along an acceptable alignment. The staff was directed to determine if there
were sufficient funds to begin this study. Mr. Agnor said the study is
estimated to cost $5,500.00, and because of a~trition in the Planning Depart-
ment, it is felt that there are sufficient fuhds left in that budget to pay
this cost.
Mr. Bain asked if this study will take the road to the place where Forest
Lake Road begins. Mr. Agnor said yes. Mr. Bowie asked if the study is for
the entire route. Mr. Agnor said yes. Motioh was then offered by Mr. Bowie,
seconded by Mr. Lindstrom, to authorize the P~anning Staff to proceed with the
study as outlined by the County Executive. M~. Bain asked when the report
would be completed. Mr. Agnor said it will take about sixty days.
At this time, roll was called and the motion carried by the following
recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
593
Agenda Item No. 4.
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 14)
Other Matters.
Mr. Tucker said the Rivanna Park Committe (Mrs. Cooke and Mr. Bowie are
members), met with members of City and County staff to discuss funding of
Phase I of the park. Bids on Phase I were higher than estimated, and the
committee now has the following information:
Phase I items to be completed under the first contrac~
Pond
Earthwork
Clearing and grubbing
Storm drainage
Caretaker house improvements
Erosion control
Phase I items proposed for completion within available funds
Asphalt plaza/wall
Roads, paved and with curbs, or surface treated as indicated
Parking, surface treated
Four multi-use fields
Three softball fields
Four tennis courts
Walkways/steps as indicated
Seeding
Trees (percentage)
Erosion control
Utilities (including fountain jets and fire hydrants)
Phase I items proposed for deletion/consideration
Concession/rest room building
Concession sewer line
Maintenance building
Picnic shelters Area "A" and parking
Picnic shelters Area "B" and parking
Irrigation
Paved central parking area
Playground equipment/benches Sub Total
Less: savings from delaying opening Time
Total
($305,500 ! 2 = $152,750 each from City and County)
$150,000
12,000
Delete
Delete
Delete
102,000
75,000
16~500
$355,500
-50~000
$305,500
Phase II maior items proposed 1990-91
Large picnic shelter with rest room
Four tennis courts
One softball field
Additional parking
Two picnic shelters
Canoe dock
Horseshoe courts
Tree planting
Volleyball courts
Remaining park road
Mr. Tucker said the staff recommends shifting Rivanna Park funds in the
Capital Improvement Program (CIP) from the 1990-91 fiscal year to the 1987-88
fiscal year in the amount of $152,750. Mr. Bain asked what the City has done
about this request. Mrs. Cooke said the committee membersitook the request to
City Council last night, but she has not heard the outcomef Mrs. Cooke said
there was some savings in going ahead with the concession/rest room building,
the sewer lines, and the irrigation now, rather than going in later and
grading and reseeding, etc. It was easy to eliminate the maintenance building
because the concession building, which will be just a shell at this time, can
be used for storage and maintenance until such time as there is money to
convert the structure to a concession stand. In the past, picnic shelters
have been donated by the private sector, and that opportunity will again be
afforded the private sector. Playground equipment will be installed, as will
y 17., 1988 (Afternoon Adjourned Meeting)
(Page 15)
594
picnic tables and benches, so deletion of the picnic shelters will not inhibit
the use of the park by families. The Rivanna Park is not intended to be a
sports facility, but a facility for use by all segments of the community.
Mr. Bain asked if the Board must hold a public hearing before making this
shift of funds in the CIP. Mr. Agnor said no; the amount was not great enough
to trigger a public hearing. Mr. Perkins asked what will happen in 1990-91.
He said by that time, the items left to be funded will just cost more. Why
not just appropriate the additional funds and "go with it"? Mr. Tucker said
the next update of the CIP is now being developed, and the staff does not know
at thfs time exactly what those costs are.
Mr. Lindstrom asked the status of the Southern Regional Park. Mr. Tucker
said a portion of the land is still subject to a bankruptcy proceeding. The
other portion of the land has been purchased.
Mr. Lindstrom then offered motion to authorize the staff to shift the
amount of $152,750 forward from the 1990-91 fiscal year for the Rivanna Park
to the 1987-88 fiscal year for the purposes set out above, contingent upon
similar action being taken by City Council. Mr. Bowie seconded the motion.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
Mr. Agnor mentioned that at the end of the agenda for tonight's meeting
there is a matter concerning financing of the jail expansion. He then summa-
rized the following memorandum dated February 16, 1988:
"The attached memo from J. M. McMahan, Jail Superintendent, advises
that the Jail Board has authorized the $1.2 million expansion and
renovation project of the Jail to proceed. This project is in the
County's approved Capital Improvement Program, with funding of
$600,000 from the State, and $300,000 each from the County and City.
The City funded their share in FY 87-88~ The County funded its share
in two steps, i.e., $75,000 for planning in FY 87-88, and $225,000
for construction in FY 88-89. The Jail Board is requesting that the
$225,000 be moved from FY 88-89 to FY 87~88 to enable the project to
be contracted this fiscal year. Additionally, to accommodate the
State's financing process, the Jail Board requests $300,000 each from
the County and City to finance the State's share at the front of the
project with the State reimbursing these, funds at the completion of
the project.
Staff has examined our financial capability to meet this request, and
recommends its approval. To accomplish the request, it is necessary
that $225,000 be appropriated to complete the County's share of
$300,000 for the project, and that an additional $300,000 be appro-
priated as the County's share of the advance for the State funds."
Mr. Agnor said a public hearing will be needed in order to appropriate
the additional $300,000. Motion was then offered by Mr. Lindstrom to set a
public hearing on March 2, 1988, for advance of the $225,000 from the 1990-91
fiscal year to the 1987-88 fiscal year, and for the appropriation of an
additional $300,000 for the Jail Complex, acc6rding to the memorandum set out
above, provided the City of Charlottesville makes a similar appropriation.
The motion was seconded by Mr. Bowie. Roll was called and the motion carried
by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
595
February 17, 1988 (Afternoon Adjourned Meeting)
(Page 16)
Mr. Agnor said he had received a letter from the Board of Supervisors of
Hanover County asking for support of pending legislation which would allow
members of local governing bodies to participate in the state's supplemental
retirement system. Mr. Bain asked if approved, could individual members
choose to join, or would it be mandatory. Mr. Agnor said the legislation
reads that the members would participate at the option of each individual
member.
Mr. Lindstrom asked if this would allow board members to participate in
the Deferred Compensation Plan. Mr. Agnor said that is an entirely separate
progam. Mr. Lindstrom said he thinks such a problem would eliminate an
individual's right to have an IRA. Whether or not one joins, if he is
eligible for this type of benefit, it eliminates the ability to have an IRA.
Mr. Agnor said that you must be a member of the state retirement system
for five years before vesting. If a person served only one term on the board,
that person would have to withdraw his funds from the retirement system at the
end of that one term and would not be eligible for retirement benefits.
Mrs. Cooke said it seems to be the general feeling of the Board members
that they are not interested in this legislation.
Mr. Agnor said he received notice today of a meeting in Richmond next
Thursday at the Richmond Marriott from 9:30 A.M. to 11:00 A.M., of local
government officials, school superintendents and board chairmen, for the
purpose of showing concern by local governments about funding of the school
systems. At this meeting, staff from the Virginia Association of Counties and
the Virginia Municipal League will discuss the school formula included in
Governor Baliles' budget. After the meeting, it is recommended that members
from each' locality meet with their legislators. ~
Mr. Bain asked if "we are whistling 'Dixie'?" He just talked with one of
the local legislators and was told that it is a "lock". Some of the legis-
lators are talking about getting rid of the dissatisfied~people by throwing in
about $100 million. Mr. Bain said it does not make any ~nse to attend the
meeting unless someone with a "handle" on it really knowS!what is going on.
None of the local legislators are on the Appropriations committees.
Mr. Agnor said he has heard that both of the Appropriations Committees
are lining themselves up to report the Governor's budget 6ut. This may have
been done today. What goes beyond that is an effort to show a broad based,
grass roots concern that school funding is disastrous. Some are saying they
will push for the mandate on the 7.3 percent teacher's salary increase to be
relieved. Mr. Bowie said that if nobody goes, "it is a shoo in". There were
no further comments on this item. ~
Mr. Agnor said the Shelter for Help in Emergency presented him with a
certificate of appreciation for the County's efforts in eiiminating family
violence in the community. It is for the budgeting the B~ard has granted,
plus what is being done in domestic violence cases.
Mr. Agnor said that he and Mr. Overstreet will be presenting certificates
next Thursday at 4:30 P.M. to employees who have over riva years of service
with the County.
Mr. Lindstrom said he had read the minutes of September 16, 1987, from
Item 11 on Page 14 to the end and found no errors. ~
Mrs. Cooke said she had read September 9, 1987, pages 1 through 14, and
found them to be okay.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Bowie, to
approve the minutes which had been read. Roll was called and the motion
carried by the following recorded vote:
February 17, 1988 (Afternoon Adjourned.Meeting)
(Page 17)
AYES: Mr. Bowie, Mrs. Cooke and Mr. Lindstrom.
NAYS: None.
ABSENT: Mr. Way.
ABSTAINING: Mr. Bain and Mr. Perkins.
596
Mr. Bain asked about the work session schedule for the 1988-89 Budget.
Mr. Agnor said the Superintendent of Schools has said the School Board needs
to do more work on their budget even though they are having a public hearing
next week. Tentatively March 14, 16, 21 and 23, at 1:30 P.M., have been set
aside for the work sessions.
Mrs. Cooke mentioned Agenda Item No. 17 on the night agenda. She said
that Leggett Department Store of Charlottesville, as part of its 100th Anni-
versary Kickoff, has offered to present Albemarle County with ten white
dogwood trees. She and Mr. Way are to represent the County at a program on
Saturday morning, and she would like to be able to say where the trees will be
planted.
Mr. Agnor said staff would recommend that the trees be planted in the
Rivanna Park aligning them along Route 20. Mrs. Cooke said that is a good
idea because funds for landscaping purposes had to be cut back.
Agenda Item No. 5. Executive Session: 'Personnel Matters. At 5:05 P.M.,
motion was offered by Mr. Lindstrom, seconded by Mr. Bain, to adjourn into
executive session to discuss personnel, and a legal matter relating to trips
to Richmond regarding the referendum bill. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Way.
The Board reconvened into open session at 7:25 P.M.
Agenda Item No. 6. Adjourn. With no further business to discuss from
the afternoon agenda, the meeting was immediately adjourned.
Chairman
597