1983-01-19January 19,1983 (Regular Night Meeting)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held
on Wednesday, January 19, 1983, at 7:30 P.M., in Meeting Room #7 of the Albemarle County
Office Building, Charlottesville, Virginia.
BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke, Mr. Gerald E. Fisher,
Mr. J. T. Henley, Jr., Mr. C. Timothy Lindstrom (arrived at 7:34 P.M.) and Miss Ellen V.
Nash.
OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County
Attorney; and Mr. Rq~ert W. Tucker, Jr., Director of Planning.
Agenda Item No. 1. Call To Order. The meeting was called to order at 7:35 P.M., by
the Board Chairman, Mr. Fisher.
Agenda Item No. la. Consent Agenda. The consent agenda, consisting of four items
for information, was presented. Motion was offered by Mr. Lindstrom, seconded by Mr.
Henley, to approve the consent agenda as presented. Roll was called and the motion carried
by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Item No. ia.1. Report of the County Executive for the month of December, 1982, was
presented as information in accordance with Virginia Code Section 15.1-602.
Claims against the County which had been examined, allowed and certified for payment
by the Director of Finance, and charged to the following funds for the month of December,
1982, were also presented as information:
Commonwealth of Virginia Current Credit Account
General Fund
School Fund
Cafeteria Fund
Textbook Fund
Joint Security Complex Fund
Grant Project Fund
Capital Improvements Fund
Town of Scottsville 1% Local Sales Tax
Mental Health Fund
$ 757.41
2,408,531.03
2,272,350.95
40,228.04
5,812.94
80,248.95
2,907.17
129,999.57
387.44
272~853.60
$5,214,077.10
Item No. la.2. Letter from Mr. James B. Murray, Jr., of the Albemarle County Indus-
trial Development Authority dated January 13, 1983, regarding the expiration of Mr. Frank
W. McCulloch's appointment to the Industrial Development Authority.
Item No. la.3. Letter from Mr. Alan B. Howard, President of the Albemarle Housing
Improvement Program Board of Directors, dated January 12, 1983, regarding the recent
statewide competition for non-entitlement Community Development Block Grant funds. Since
Albemarle County was ranked 27th of 150 proposals submitted, and only 23 proposals were
funded, Mr. Howard encourages the County to reapply for such funds at the earliest oppor-
tunity.
Item No. la.4. Letter from Ms. Elinor Crawford of The Meadows, dated January 14,
1983, thanking the Board for its support of the Meadows Community Center.
Agenda Item No. 2. ZMA-82-14. T. E. Wood. (Deferred from December 15, 1983.) Mr.
Tucker said the Planning Commission has not yet acted on this item due to the applicant's
request for deferral. Mr. Tucker recommended the Board defer this item to its meeting of
February 16, 1983. Motion was offered by Mr. Henley, seconded by Mr. Lindstrom, to defer
ZMA-82-14 to February 16, 1983. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 3. SP-82-74. Ken Meyri. Request to locate a commercial recreation
establishment (game room) in an existing structure on .576 acre zoned Highway Commercial.
Located on south side of Route 250 West, approximately 300 feet west of Brownsville Market
near Crozet. County Tax Map 55B, Parcel 16. Samuel Miller District. (Advertised in the
Daily Progress on January 5 and January 12, 1983.)
Mr. Tucker noted that the .applicant requested withdrawal of this special permit
application before the Planning Commission, therefore no action was required by the Board
of Supervisors.
Agenda Item No. 4. SP-82-75. Clay Media, Inc. (WCHV). Request to locate radio
towers on 9.806 acres zoned RA Rural Areas. Located approximately 400 feet west of Route
29 North across from Ridgewood Mobile Home Park. County Tax Map 46, Parcel 14A (part
thereof, 2.650 acres) and Parce'l 15 (part thereof, 7.156 acres). Rivanna District.
(Advertised in the Daily Progress on January 5 and January 12, 1983.)
January 19, 1983 (Regular Night Meeting)
Mr. Robert W. Tucker, Jr., Director of Planning, read the County Planning Staff
report as follows:
Request: Radiowave transmission towers
Acreage: 9.806 acres
Zoning: RA Rural Areas
Location: Property, described as Tax Map 46, Parcels 14A (part) and 15 (part),
is located approximately 400 feet west of Route 29 North across from
Ridgewood Mobile Home Park.
Character of the Area: This site is located on a thirty foot right-of-way about
400 feet west of Route 29 North. The site is partially wooded and partially
in scrub overgrowth of an old pasture area. Unauthorized dumping has
occurred in the area.
Staff Comment: Clay Media, Inc. (WCHV) proposes to locate five 260-foot broad~-
c~t towers and an 800 square foot equipment building on this site. Staff
has reviewed the proposal under 31.2.4.1 of the Zoning Ordinance and offers
the following comments:
1. The use will not be of substantial detriment to adjacent property.
This site is remote from existing urban residential development. The
applicant has obtained a site of adequate area to provide some separation
from adjoining properties. While the County's Real Estate Department
believes that radio towers would affect property values in the area to a
degree, it should be noted that high-value residential developments such as
Ivy Farms, Ashcroft PRD, and Shadwell Mountain Estates have developed in
proximity to existing towers.
2. Character of the district will not be changed; use would be in harmony
with other uses and with purpose and intent of Zoning Ordinance. Staff
opinion is that location of radio towers in this area would change the
character of the area to the extent that the towers are visible. Because
of tower height (i.e., in excess of 150 feet) and proximity to the Char-
lottesville-Albemarle Airport, it is anticipated that the Federal Aviation
Administration (FAA) will require lighting and possibly painting of the
towers. Located within the Rural Areas zoning district, Staff would not
anticipate conflict with agricultural uses.
3. Use will be in harmony with the public health, safety and general
welfare. This site is located within the Airport Impact Area Overlay
District and the towers must comply with sections 30.2.4.1 and 4.10.2.2 of
the Zoning Ordinance.
The towers would be set back from adjoining properties so as not to en-
danger structures on adjoining properties. Staff opinion is that trespass
fencing would be appropriate.
As stated in the applicant's proposal, WCHV has been pursuing relocation of
its transmitting towers in the Route 29 North corridor for several years.
Staff opinion is that this location is more desirable than some other sites
considered and recommends, that with appropriate conditions, the proposal
would be in substantial consistency with the criteria of Section 31.2.4.1
of the Zoning Ordinance. Staff recommends approval, subject to the following
conditions:
Approval is limited to five (5) transmitting towers not to exceed two
hundred sixty feet (260') in height and an equipment building not to
exceed eight hundred square feet (800 sq.ft.) in floor area;
Zoning Administrator approval in accordance with Section 30.4.2.1 of
the Airport Impact Area Overlay District and Section 4.10.2.2 of the
General Regulations of the Zoning Ordinance;
Virginia Department of Highways and Transportation entrance approval
at Route 29 North, and County Engineer approval of road specifications
from Route 29 North to the site;
4. Staff approval of sketch plan including trespass fencing;
Should the towers be abandoned, damaged, or otherwise in a state of
disrepair, which in the opinion of the Zoning Administrator poses a
hazard to the public safety, the same shall be repaired or removed to
the satisfaction of the Zoning Administrator within a reasonable time
prescribed by the Zoning Administrator.
Note: Staff has not recommended a maintenance agreement in Condition
Three, since traffic to the site, once construction is complete, would be
less than if the site were developed residentially by right. Initial road
is viewed as appropriate.
Also, Section 4.10.3.1 of the Zoning Ordinance states that structures such
as radio towers "shall not exceed one hundred feet (100') in height in a
residential district". Staff opinion is that this limitation does not
apply to the Rural Areas district since no reference is made to an agri-
cultural district as occurs in other ordinance provisions.
January 19, 1983 (Regular Night Meeting)
q_]i~ Mr. Tucker noted that the Planning Commission at its meeting of January 4, 1983,
voted to recommend approval of this special use permit with the five conditions stated in
the Planning Staff report.
Mr. Fisher asked about the terrain of the~property. Mr. Tucker said there is a
stream located on the site and the land has a gentle slope toward that stream. Mr. Tucker
added that some grading of the site will be necessary, and that the proposed towers will
be visible from surrounding properties.
Mr. Butler said he has reviewed this proposal and felt the site was appropriate for
this intended use.
Mr. Fisher then declared the public hearing opened and first to speak was Mr. Michael
J. Ludgate, General Manager of WCHV and President of Clay Media, Inc. Mr. Ludgate re-
ferred to his written presentation (NOTE: Copy of this presentation, entitled "Proposal
For Special Use Permit From Clay Media Inc. D.B.A. WCHV", is on file in the office of the
Clerk to the Board of Supervisors.) Mr. Ludgate explained the reason for requesting five
radio towers. Mr. Ludgate presented photographs for the Board's review of a five foot
weather balloon floated at a height of 260 feet at the proposed site taken from various
locations near the tower (Note: Four photographs are on file in the Office of the Clerk
to the Board of Supervisors.) Mr. Ludgate presented a letter dated January 17, 1983 from
Mr. Donal Day, research associate of physics at the University of Virginia, stating that
the proposed illumination from these towers in Hollymead and Carrsbrook would be twelve
times less than a forty watt bulb at one hundred feet. (Note: Copy of Mr. Day's letter
is on file in the office of the Clerk to the Board of Supervisors.) Mr. Ludgate noted
that WCHV is the key Emergency Broadcast System radio station in this area to provide
emergency information in times of national and/or local catastrophe. Mr. Ludgate said the
new towers will improve service to many areas of the County, especially at night.
Mr. Fisher asked if there was sufficient property to contain these towers should they
fall. Mr. Ludgate stated that guy wire are constructed to collapse into a pile, but
should they fall over at the full length, there would be sufficient property around the
circumference to "catch" the entire tower should it fall. Mr. Fisher then expressed
concern about the proliferation of towers throughout the County.
Mr. Lindstrom asked what plans WCHV has for disposition of the old towers. Mr.
Ludgate said the present towers would ultimately be dismantled, once an independent power
generating system is operational at the new tower site.
No one else from the public wished to speak either for or against this requested
special use permit, and Mr. Fisher declared the public hearing closed.
Miss Nash asked about the application of Zoning Ordinance Section 4.10.3.1 relating
to the restriction of towers to 100 feet in residential districts. Mr. Tucker said that
zoning regulation does not apply to the RA district which is not considered a residential
district, and mainly refers to personal "ham" radio operator towers.
Mr. Lindstrom asked if the applicant would object to a sixth condition requiring the
removal of the existing structures. Mr. Ludgate said he would like at least six months to
remove the old towers after the new facilities become operational.
Motion was then offered by Mr. Lindstrom to approve SP-82-75 with the five conditions
as recommended by the Planning Commission and the addition of a sixth condition to read:
"Presently existing towers are to be removed within one year from the time the new struc-
tures become operational." The motion was seconded by Miss Nash.
Mr. Butler commented that when he was an extension agent, it was very important
during emergencies to receive the Emergency Broadcast System transmissions, and felt this
was a very important consideration in approving the request for towers for WCHV.
Roll was then called and the motion to approve SP-82-75 with six conditions carried
by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 5. ZMA-82-16. Yancey, Anna M. & Eloise A., Trustees Etal. Request
to rezone 20 acres currently zoned RA Rural Areas to R-4. Located south side of Route 250
West approximately 400 feet west of its intersection with Route 240. County Tax Map 56,
Parcel 17D. White Hall District. (Advertised in the Daily Progress on January 5 and
January 12, 1983.)
Mr. Tucker said he has just learned from the applicant's attorney that they wish to
defer discussion on this petition. Mr. Fred Landess, representing the applicant, said he
would like approximately ninety days to discuss this application further with the Planning
Staff.
Mr. Fisher asked if anyone present wished to speak regarding this zoning map amendment.
No one was present wishing to speak. Mr. Fisher said he could see no reason to not grant
such a deferral. Mr. Tucker suggested April 20, 1983, at 7:30 P.M. Motion was immediately
offered by Mr. Lindstrom, seconded by Miss Nash, to defer ZMA-82-16 to April 20, 1983.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
January 19, 1983 (Regular Night Meeting)
Agenda Item No. 6. CPA-82-2. Amend the Comprehensive Plan to provide for temporary
library facilities. (Advertised in the Daily Progress on January 5 and January 12, 1983.)
Mr. Tucker read a revised Planning Staff RePort dated January 19, 1983, as follows:
BACKGROUND: The Albemarle County Board of Supervisors at its November 10
and December 8, 1982, meetings discussed with members of the Jefferson-
Madison Regional Library Board of Trustees the possibility of placing
bookmobile in the parking lot of Albemarle Square Shopping Center for
use as a temporary library facility. At the request of the Board, the
Planning Staff prepared a report indicating general library location
standards, traffic and pedestrian figures, and Comprehensive Plan
recommendations. Following a lengthy discussion, the Board of Super-
visors requested that the Planning Commission review the proposal
under Section 15.1-456 and make a recommendation.
STAFF REVIEW AND COMMENT: The importance of locating a library for the
optimum delivery of service is emphasized throughout library liter-
ature today. Location of facilities in or near shopping centers had
proven to be very successful. While the proposed facility is only a
bookmobile, the use of it at Albemarle Square does have several
positive aspects, which should be considered:
The library would be located where people come.
Existing parking would serve a branch library use.
The area around shopping centers is usually well-lighted, well-
protected and safer than a busy street.
A shopping center location is easily accessible to a diversified
population.
Visibility is excellent in a shopping center.
Shopping and library trips can be combined.
However, the location of a library facility in Albemarle Square
Shopping Center, does not follow the recommendations of the County's
Comprehensive Plan and thus is not in compliance. A location in the
Hollymead Community has been proposed for the long-range period 1982-
2002. The location at Albemarle Square has the potential of duplicating
services of the main library downtown. A location in Hollymead supports
the primary objective that branch library facil±ties should be located
in areas which serve both community and outlying area residents.
In addition, review of a site plan for the exact location of the
facility presented several serious concerns which are summarized
below. These concerns are addressed more fully in memos from Byron
Coburn of the Virginia Department of Highways and Transportation;
Jesse Hurt, Deputy Director of Inspections; and Ira Cortez, Fire
Prevention Officer.
Most pedestrian traffic in the shopping center is currently
directed toward the sidewalk in front of the stores; this assists
in keeping pedestrians from cutting across traffic aisles. The
library, not located in the standard vertical flow, could present
safety problems for persons filtering through the parking area
toward the bookmobile. Also, the bookmobile would open on a two-
way traffic aisle, which serves the bank.
The structure would have to meet setback requirements from the
right-of-way of Rio Road. The proposed location would not meet
setback requirements and would therefore need a variance.
3. A minimum of one handicapped parking space must be provided.
No required off-street parking or loading area shall be obstructed
in any f~shion unless specifically approved by the Commission.
The Albemarle Square Shopping Center does have more parking
spaces than required by the Ordinance.
The Code requirements are very prohibitive on converting a
vehicle to a building. As indicated in a memo by Ira Cortez,
minimum aisle width and ceiling height must be assured, adequate
light and ventilation must be required and permanent stairs,
handrails and guardrails would have to be installed. In addition,
the gas tank would have to be drained and filled with an inert
material.
RECOMMENDATION: While there may be several advantages to locating a
library facility in Albemarle Square, the location of such a use
is not in compliance with the County's Comprehensive Plan. In
addition, the County Inspections Department recommends that the
structure not be utilized as a temporary building for library
services due to the necessary requirements such a structure would
have to meet. The Planning Staff concurs with this recommendation.
Should the Planning Commission decide to recommend favorably
toward the location of the bookmobile facility in Albemarle
Square Shopping Center, Staff recommends the following:
592
Januarl~~ul_ar NiEht Meetin_g~)
Amendment to Recommendations for Neighborhood Two in the
Comprehensive Plan to read as follows:
The bookmobile location in Albemarle Square Shopping Center
is an interim library facility only and should be monitored
during the normal Plan review process. Its use does not
deter from the recommendation that a branch facility be
located in the Hollymead Community.
An alternative location should be considered in the parking
lot area adjacent to the Safeway Store. This would help
relieve some of the pedestrian problems cited earlier.
(Recommended by Planning Staff at Planning Commission
meeting of January 4, 1983.) Agreement to be worked out
with nearby facility to assure access to toilet and hand-
washing facilities during library hours for visitors as well
as staff.
Mr. Tucker noted that the Planning Commission, at its meeting~of January 4, 1983,
unanimously voted to recommend this proposed amendment to the Comprehensive Plan not be
adopted by the Board of Supervisors.
Mr. Lindstrom asked Mr. Robert Vaughn, Director of Inspections and Zoning Administrator,
his opinion on placing the bookmobile in Albemarle Square. Mr. Vaughn said he felt the
bookmobile would be an allowable accessory use if the bookmobile remained in a mobile
condition with current license and inspection tags. Mr. Vaughn said to make the book-
mobile a permanent facility by placing the unit on blocks would be in violation of the
Building Code, and would not be allowed. (Note: detailed letter of recommendation dated
December 16, 1982, from Jessee R. Hurt, Deputy Director of Inspections, is on file in the
office of the Clerk to the Board of Supervisors.)
Mr. Fisher brought the Board's attention to a memorandum dated December 16, 1982,
from Ira B. Cortez, Fire Prevention Officer, regarding the bookmobile as follows:
"As requested, my comments on the referenced occupancy are as follows:
This vehicle was not constructed to comply with any model code, nor
the industrial code of Virginia.
Be
To convert a vehicle to a structure for any period of time is not
practical for the following reasons:
Minimum aisle width is 44 inches.
Minimum ceiling height is eight feet.
Adequate light and ventilation is required meaning the vehicles
installed twenty-four volt electrical system must be upgraded to
110 volts or transformed down with additional lights and wiring.
Permanent stairs, handrails and guardrails must be installed.
Gas tanks would have to be drained and filled with an inert
materi&l.
As you can see, the code requirements are very prohibitive on converting a
vehicle to a building providing adequate fire safety measures for the
occupants. It is, therefore, not recommended that this vehicle be per-
manently secured and occupied as a structure."
Mr. Fisher declared the public hearing opened and first to speak was Mr. James Hingeley,
Chairman of the Jefferson-Madison Regional Library Board. Mr. Hingeley reviewed the
Library Board's reasons for wishing to. park the bookmobile at Albemarle Square Shopping
Center, and urged the Board,s adoption of the proposed Comprehensive Plan amendment.
Mr. Fisher said the new problem in this consideration is whether or not the book-
mobile is considered operational. Mr. Hingeley said although he was certain the book-
mobile could not operate a normal route, he was reasonably sure it would be. considered
operational in a sense that it could be started and moved short distances daily. Mr.
Hingeley said he wished to emphasize that it has always been the intent of the Library
Board to consider the bookmobile movable and an interim facility, not a permanent struc-
ture or branch library.
Mr. Lindstrom asked Mr. Hingeley how payment for these bookmobile services would
~ccur. Mr. Hingeley said he did not presen$1y know, and felt this matter would be discussed
in depth during the upcoming budget meetinSs of the new Library Budget Committee.
!
No one else wished to speak either for or against the proposed amendment to the
Comprehensive Plan and Mr. Fisher declared the public hearing closed.
Mrs. Cooke expressed her continued concern about the loss of four bookmobile stops in
her district. Mr~,Cooke stated that she was not willing to accept a lesser level of
service so that other regions could continue receiving direct bookmobile service from a
vehicle purchased by Albemarle County. Mrs. Cooke said she could not support this proposed
amendment to the Comprehensive Plan
Mr. Henley said he also was not in favor of this proposed amendment. Mr. Henley said
if the vehicle is truly a bookmobile, the Library should be able to just drive it to the
site and park it, as would occur at any other bookmobile stop throughout the County.
January 19, 1983 (Regular Night Meeting)
Mr. Lindstrom said the comments made earlier by Mr. Va~ghn made the issue clear that
the bookmobile cannot be parked at the shopping center on a permanent basis, that is,
placed on some sort of foundation at the site. Mr. Lindstrom said he agreed with Mr.
Henley's analysis that this could be considered a normal stop for the bookmobile and as
long as the vehicle remains mobile it would be considered an accessory use to that shop-
ping center. Motion was then offered by Mr. Lindstrom, seconded by Mr. Henley, to accept
the recommendation of the Planning Commission and not approve CPA-82-2.
Mrs. Cooke commented that if the Library Board does decide to place the bookmobile at
Albemarle Square Shopping Center, the Library Board should be certain there are sufficient
funds to maintain the facility.
Roll was then called and the motion to deny CPA-82-2 carried by the following recorded
vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 7. ZTA-82-17. Amend Section 30.5 Scenic Areas District of the
Zoning Ordinance to permit bridges, causeways, and like structures by special use permit
in scenic streams. (Advertised in the Daily Progress on January 5 and January 12, 1982.)
Mr. Tucker said this amendment was initiated through an inquiry by the Zoning Admin-
istrator in his letter dated November 24, 1982. Mr. Tucker said Mr. Vaughn's letter was
discussed at the Board of Supervisor meeting of December 1, and that a resolution of
intent to amend the Zoning Ordinance was adopted by the Board of Supervisors at its meeting
of December 8, 1982.
Mr. Tucker said the Planning Staff report of January 4, 1982, noted a major concern
of the Scenic Rivers Committee when it drafted the zoning scenic rivers provisions was
encroachment of barriers to canoes and other vessels. To this end, uses permitted by
right were intentionally limited. In view of this background, it may be appropriate to
include language in the amendment which would require design to permit passage where
practical, as was done in the case of the "hydroelectric power generation" amendments
earlier. Mr. Tucker said the Planning Commission, at its meeting of January 4, 1983,
unanimously reconnT~ended the adoption of the following to be added to Section 30.5.5.2(d),
as subparagraph 6 (a) through (g):
Bridges, causeways and other similar structures designed for pedestrian
and/or vehicular access; provided that the board of supervisors shall
find, by clear and convincing evidence, in addition to the findings
required by section 31.2.4.1, that:
(a)
such bridge or other structure is to be located at the site of an
existing bridge, ford or other stream crossing;
(b)
such existing crossing is regularly used, and such bridge or
other structure is to be used as to the sole means of access to
one or more existing, lawfully occupied dwellings;
no alternative means of access to such dwellings is physically
practicable;
(d)
no such alternative means of access has been abandoned, aliened
or otherwise relinquished by the voluntary act or omission of the
owner of the land upon which such dwellings are located since
December 10, 1980;
(e)
such bridge or other structure is necessary to prevent, eliminate
or substantially alleviate a hazard to the life or property of
any resident of the County;
(f)
such bridge or other structure is so designed as to pose the
minimum practical disruption of the environment of the stream
consistent with the other provisions hereof; and
such bridge or other structure shall comply with all applicable
State and Federal law including, but not limited to, Chapters
3.5, 7, 8, 9 and 20 of Title 62.1 of the Code of Virginia (1950),
as amended, to the extent that any or all of the same may be
applicable in a particular case.
Mr. Robert Vaughn, Zoning Administrator, was present and stated it was his opinion
that the amendment proposed would handle the problem of constructing a ford without
damaging the intent of the scenic rivers overlay section of the Zoning ordinance.
Mr. Fisher declared the public hearing opened, and first to speak was Mr. Clarence
Jones, a resident of White Hall. Mr. Jones said he has two cattle crossings of the
Moorman River and although there is no dwelling on the property, he would like the oppor-
tunity to construct a ford.~ Mr. Jones did not know how this proposed amendment would
affect property where no dwelling presently exists. Mr. Jones emphasized that he uses the
two crossings twice every day to bring hay to his cattle. Lastly, Mr. Jones said the
stream was unfit to canoe except during high water following heavy rains, and also that
many of the canoeists are destructive to his private property.
Next to speak was Mr. Dumont Buxton, a resident of White Hall. Mr. Buxton said this
proposed amendment is the result of a request by him to reconstruct an existing ford
across the Moorman River to his property. Mr. Buxton said he has owned the property for
many years, and is currently building a second dwelling on the property. Mr. Buxton said
several times during the year the Water at the existing ford is as much as four feet deep,
which makes the river impassable. Mr. Buxton said an engineering study he had conducted
stated that a ford raised about twenty-eight inches above the present level would not
January 19, 1983 (Regular Night Meeting)
deter the flow of the stream to any appreciable extent. Mr. Buxton echoed the statements
of Mr. Jones regarding canoeists.
Mr. Fisher asked Mr. Buxton if the condition of the present ford has changed during
the last twenty years. Mr. Buxton said during the last twenty years he has not been able
to occupy the home year round. Mr. Buxton said currently he is living in the older
dwelling on the property but upon completion of the new structure, will live there. Mr.
Buxton said that although the original ford is still usable, it is unsafe.
Next to speak was Mr. Dennis Nealson who said he is a resident of Sugar Hollow. Mr.
Nealson said he has a ford almost identical to Mr. Buxton's. Mr. Nealson said during high
water or flooding conditions his ford becomes totally impassable. Mr. Nealson said he has
the option of a second entrance to his property, but Mr. Buxton does not, and he would
therefore urge t'he Board to adopt this proposed amendment.
Mr. L. C. Landry was next to speak. Mr. Landry said he is a neighbor of Mr. Buxton's
and said the river very often is impossible to cross even with a four-wheel drive vehicle.
Mr. Landry urged the Board to adopt the proposed amendment.
Mr. Cecil McAltister of White Hall said he also has a ford across the Moorman River.
Mr. McAllister said he shares the ford with a neighbor, and that the existing ford is the
only access his neighbor has to his property at the present time. Mr. McAllister said he
is in favor of the amendment to the ordinance. Mr. McAllister then questioned the require-
ment in the scenic rivers section restricting the cutting.of wood within fifteen feet of
the river's edge. Mr. McAllister said he owns the land to the middle of the river and
felt it was his right to use his property as he saw fit. Mr. McAllister then reiterated
the sentiments of the other speakers regarding canoeists causing damage to his property.
There being no one else present wishing to speak either for or against this proposed
amendment, Mr. Fisher declared the public hearing closed.
Mr. Lindstrom said~he felt this proposed amendment is designed not only to provide
safety for crossing of the river to property owners, but also will protect the river,
which was the main concern of the Scenic Rivers Committee. Mr. Lindstrom then offered
motion to approve ZTA-82-17 by amending and reenacting Section 30.5.5.2(d) of the Zoning
Ordinance by adding subparagraphs 6a, b, c, d, e, f and g as set out above and as re-
commended by the Planning Commission. The motion was seconded by Miss Nash.
Mr. Henley asked Mr. St. John about the reference made in section 30.5.5.2(d)(6)(g)
regarding Code of Virginia Chapters 3.5, 7, 8, 9 and 20 of Title 62.1. Mr. St. John said
those chapters of Title 62.1 refer to the free passage of boats, canoes and fish along the
waterways in the State. Mr. St. John said these code sections also contain pollution
regulations. Mr. St. John said regardless of this ordinance, State laws cannot be diminished
and he could not see how the ford being discussed by the Buxton's is legal under State
law. Mr. St. John said that although it is up to the County Zoning Administrator to
enforce County ordinances, it is not his position to enforce State laws. Mr. St. John
said a situation could possibly arise where a canoeist could file a complaint to the State
Water Control Board (or similar agency) and Mr. Buxton could be ordered to remove the
obstruction.
Miss Nash said she did not wish to second this motion since it seemed to be in direct
violation of State lawe Mr. Henley said he would second the motion as offered by Mr.
Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler. Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
At 9:25 P.M., Mr. Fisher declared a recess.
9:37 P.M.
The meeting was called back to order at
Agenda Item No. 8. Public Hearing on an amendment to the 1982-83 County Budget, in
the amount of $15,000 for gifted and talented advocates. (Advertised in the Daily Progress
on January 12, 1983.) Mr. Agnor said this request for an amendment to the 1982-83 County
Budget was presented to the Board at its meeting of January 12, 1983 (NOTE: Appropriation
requested in memorandum dated December 17, 1982, from Charlotte seif, Clerk of the School
Board, to the Board of Supervisors; on file in the office of the Clerk to the Board of
Supervisors.) Mr. Agnor said he recommended that this appropriation, be effective January
26, 1983.
Mr. Fisher declar~ed the public hearing opened. There being no one present wishing to
speak either for or against this requested budget amendment, Mr. Fisher declared the
Public hearing closed.
Motion was offered by Mr. Lindstrom, seconded by Miss Nash, to adopt the following
resolution:
BE IT RESOLVED by the Board of SuperVisors of Albemarle county, Virginia,
that $15,000 be, and the same hereby is, appropriated from the School Fund
and Coded as follows for Secondary Advocates for Gifted Students; and
17Q - 290 contractual Services $ 1,620
305 Materials and Supplies 970
220 Travel 160
236 In-Service Training 12~250
$15,000
FURTHER RESOLVED that the Director of Finance is hereby authorized to
amend the Revenue Section of the 1982-83 County Budget by adding $15,000 to
Code 23301.140 - SecOndary Advocates for Gifted Students; 'and
FURTHER that this approval shall be effective on January 26, 1983.
January 19, 1983 (Regular Night Meeting)
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
Agenda Item No. 9. Transfer of ApproPriation. Mr. Agnor summarized a memorandum
from Mr. Ray B. Jones, Director of Finance, dated January 14, 1983, (NOTE: Copy-of this
memorandum is on file in the office of the Clerk to the Board of Supervisors.) Mr. Agnor
said the transfer is to cover consultant fees for the appraisal of the Scottsville School,
and the request is to transfer unused funds from the consultant category in the Personnel
Department budget, to the Board of Supervisors budget in an amount sufficient to meet the
appraisal fee.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Butler, to approve the
following line item transfer:
FROM:
Code 1203-3002.6
TO:
Code 1101-3002.10
Consultant Services (Personnel Department)
Consultant Services--Scottsville School
(Board of Supervisors)
$600.00
$6O0.00
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 10. Zoning Violation, SP-77-83, David Lee Spradlin. (Deferred from
January 12, 1983.) Mr. Agnor noted receipt of the following letter dated January 19,
1983, directed to the Board of Supervisors of Albemarle County, from Mr. George B. McCallum,
III, attorney for Mr. David Lee Spradlin, as follows:
"Everett Kirby, the crusher of automobiles of whom I spoke at your meeting
on January I2, 1983, would not commit to any firm date on which he would
remove the inoperable motor vehicles from my client's property. His auto-
mobile crushing machinery is involved in removing a large number of cars
from another site outside of Albemarle County and given the uncertainties
of winter weather he did not know when he would finish at that site and be
able to come to my client's property.
However, I am happy to report that my client has obtained a commitment from
Edward Kirby, who is a twin brother of Everett Kirby and who operates a
two-man automobile crushing operation, to come as soon as he possibly can
to remove the inoperable automobiles. In fact, as of the time of dictation
of this letter at 3:00 P.M. today, Edward Kirby is in the process of
bringing his equipment to my client's property and anticipates commencing
car crushing tomorrow. Edward's operation is smaller and slower than his
brother Everett's operation. Each of Edward's tractor trailer loads
contains eleven crushed cars. Edward anticipates being able to crush, load
and haul away one tractor trailer load every two days so long as the
weather remains reasonably good. We anticipate that Edward will be done in
no more than three weeks.
My client and I appreciate the understanding and restraint shown by you and
other County officials in this matter and hope that it will continue a
short while longer. I request that you defer this matter until your
meeting on February 9, 1983, at which time I anticipate being able to
report to you that all inoperable automobiles (except perhaps the two
permitted by the Zoning Ordinance) have been removed."
Motion was offered by Miss Nash, seconded by Mr. Lindstrom, to defer this matter to
February 9, 1983, as requested in Mr. McCallum's letter. Roll was called and the motion
carried by the folloWing recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 11. Community Development Planning Assistance Grant. Mr. Jim Skove
and Ms. V. Wayne Harbaugh of the Thomas Jefferson Planning District Commission were pre-
sent. Mr. Skove summarized Ms. Harbaugh's memorandum to the Board of Supervisors, dated
January 14, 1983 (NOTE: Copy of this memorandum is on file in the office of the Clerk to
the Board of Supervisors.) Mr. Skove said the main reason for being present is to request
the cooperation of the Board in acting as co-applicant to the Virginia Department of
Housing and Community Development for a community develoPment technical assistance grant
in the amount of $25,000 to enlarge the capacity of local governments in three areas: 1)
the TJPDC staff would allocate time to inventory and assess each locality's readiness for
new business and industry in terms of a set of criteria which includes site control, ready
infrastructure, local organizational support, information services and personnel; 2)
survey the impact of tourism on the region--where tourists come from, why they come, what
would keep them longer in the area, how much do they spend; 3) enlarging local government
capacity to take advantage of housing improvement programs and address deficiencies noted
in the recent application for Virginia Community Development Block Grant funds for a
housing rehabilitation loan program (NOTE: See Item 1.a.3 on tonight's agenda) the organ-
ization of a housing improvement corporation, development of standards and guidelines for
a regional program and negotiations for leveraging agreements with local banks in advance
of receipt of funds for a revolving loan program.
January 19, 1983 (Regular Night Meeting)
Mr. Skove said he wished to have Albemarle County be the "Lead Applicant" for this
grant. Ms. Harbaugh said the third item would be similar to the Albemarle Housing Improve~
ment Program (AHIP) presently operated in Albemarle County, only on a regional scale. Ms.
Harbaugh said this application would not prevent the County from applying for a project
planning grant or community improvement, grants.
Mr. Agnor said he would like the Board to either concur with this request, or perhaps
vote on Albemarle County being the "Lead Applicant" as a policy for this and future
regional grant applications.
Motion was offered by Miss Nash that the Board endorse and sponsor as the "Lead
Applicant", the application by the Thomas Jefferson Planning District Commission for a
Virginia Department of Housing and Community DeveloPment community development technical
assistance grant in the amount of $25,000. The moti6n was seconded by Mr. Butler.
Mr. Henley said he felt too much money is spent on planning, these funds could
actually be used for the benefit of those whose homes need improvement. Mr. Fisher
explained that the funds are set aside by the State for planning, and if the Thomas
Jefferson Planning District does not receive these funds, some other area in the State
will.
Roll was then called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 12. Consideration of legislative proposals. Mr. Fisher said there
are five issues which he would like to receive opinions on from the members of the Board.
Item No. 12a. ~Tobacco Tax: Mr. Fisher noted receipt of a letter from Ms. Betty
Tatum, a member of the Board of Supervisor of Loudoun County, dated December 14, 1982,
requesting support of a bill allowing all counties to enact tobacco tax. (NOTE: This
letter is on file in the office of the Clerk to. the Board of Supervisors.) Mr. Fisher
said at the Annual Meeting of the Virginia Association of Counties, a roll call vote was
taken on this issue, and he voted in favor of same because it would allow for equal taxing
powers for all Virginia counties. Mr. Fisher asked Board members if.they wished to
support such legislation in the present session of the General Assembly.
Mr. Lindstrom said he felt a tax was an excellent way to discourage peoPle from
smoking, as well as a way to gain additional revenues without increasing the real estate
tax rate. Mrs. Cooke said she agreed with Mr. Lindstrom, but also felt it was necessary
for all Virginia Counties to have equal taxing powers. Mr. Henley said he does not smoke,
but could not support such a tax. Mr. Butler said he also agreed with the ability for all
counties to tax equally.
Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to support~legislation
for the enactment of a tobacco tax. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Lindstrom and Miss Nash.
Mr. Henley.
Item No. 12b. Lodging Tax: Mr. Fisher noted that Albemarle County already has a
lodging tax, but felt this legislation should be supported on the basis that all Virginia
Counties should have equal taxing powers. Mr. Fisher said since there are presently only
six counties in the state with this taxing power, he is afraid that the General Assembly
might rescind those powers. Mrs. Cooke offered motion to support the lodging tax at a
rate of two percent for all localities. The motion was seconded by Mr. Lindstrom and.
carried by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
Item No. 12c. Repeal of Merchants' Capital Tax: Mr. Agnor %aid this proposed legis-
lation will not affect Albemarle County at all because a county must have either a Merchants'
Capital Tax or a Business and Professional License Tax. Mr. Agnor noted that Albemarle
County has the Business and Professional License tax, therefore cannot enact the Merchants'
Capital Tax.
Item No. 12d. Education funding: Mr. Fisher said he has not received exact figures
on how the proposed $20,000,000 cut in State Aid to Education will affect Albemarle County
schools, but feels it will be substantial. Mr. Fisher said he felt the Board should go on
record opposing cuts in State Aid to Education.
Mr. Lindstrom said he was certain there are other areas o,f the State budget Which can
be cut rather than education. Mr. Lindstrom offered motion to "Vigorously resist the
proposed cuts in funding for education". The motion was seconded by Mrs. Cooke.
Mr. Agnor said he wished to note that the expected cuts would only reduce the pro-
posed increase in educational funding, the cuts would not bring the figures below the
present funding level. Mr. Henley said he felt Governor Robb was doing the right thing by
cutting the budget as much as possible. Mr. Lindstrom agreed that cuts in the budget are
appropriate, but felt education is the wrong place to do the cutting. Miss Nash agreed
that cuts should not necessarily be made in the education budget, but also felt that cuts
were necessary in the overall budget. Miss Nash disagreed with the wording of Mr. Lindstrom'
motion in the use of the words "vigorously resist..."
5:9 7
198 · ."Re-~lar Ni~-ht ~Mee'i ._!
January 19~ _~ _ ~
AYES:
NAYS:
Roll was called and the motion carried by the following recorded vote:
Mr. Butler, Mrs. Cooke, Mr. Fisher and Mr. Lindstrom.
Mr. Henley and Miss Nash.
Item No. 12e. Transportation: Allocation of Secondary Road funds. Mr. Fisher said
there the Joint Legislative and Audit Review Commission staff has. made several reports
dealing with their study of highways, roads and streets. One report deals with the
allocation of funds to finance the Highway Department and its operations (this would be
the first revision since 1962 which recognizes the rapidly changing transportation environ-
ment.) There are three proposed allocation formulas for the distribution of funds. Mr.
Fisher explained that formula "S-i" is based on 75~ population, 20% area and 5% accidents;
formula "S-2" is based on 70% vehicle miles traveled, 20% area and 5% accidents; and
formula "S-3" is based on 55% centerlane mileage and 45% vehicle density. Mr. Fisher said
that although formula "S-3" favors the very rural counties, formulas "S-I" and "S-2" seem
to be the best options for Albemarle County. Motion was then offered by Mr. Lindstrom,
seconded by Miss Nash, to support options "S-i" and "S-2" and oppose option "S-3". Roll
was called and the motion carried by the following recorded yore:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 13. Appointments. Motion was offered by Miss Nash to appoint Mr.
Charles H. Yost as a freeholder on the Agricultural and Forestal District Advisory Committee.
The motion was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Mr. Fisher said one more person must be appointed to this committee, that person
being a farmer. Mr. Fisher said this appointment must be made prior to February 10, 1983.
Motion was offered by Mrs. Cooke to appoint Reverend Warren L. Johnson to the Youth
Commission replacing Mrs. Katya Gothie, with a term to expire in April, 1984. Motion was
seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Motion was offered by Mr. Lindstrom to reappoint Mr. Frank W. McCulloch as a member
of the Albemarle County Industrial Development Authority, with a term to expire on January
19, 1987. Motion was seconded by Miss Nash and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Motion was offered by Miss Nash to reappoint Mr. Edgar Paige, Jr. to the Jefferson
Area Board For Aging, with said appointment to expire on March 31, 1985. The motion was
seconded by Mr. Butler and carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Mr. Agnor said the new Jefferson-Madison Regional Library agreement has been signed
by all participating localities, and said agreement calls for the appointment of a budget
committee comprised of a Board member and one other person from each participating juris-
diction. Mr. Agnor said since this is the first time the committee will operate, he will
represent Albemarle County. Mr. Lindstrom said he also would like to be on the budget
committee, since he participated in the actual writing of the new agreement.
Motion was offered by Mrs. Cooke, seconded by Mr. Butler, to appoint Messrs. Agnor
and Lindstrom to the Library Budget Committee. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
Agenda Item No. 14. Approval of Minutes. Mr. Butler said he read the minutes of
August 4, 1982, and found no corrections necessary.
Mrs. Cooke said she was not prepared to approve the minutes of October 13, 1982 at
this time.
Mr. Lindstrom reported that the minutes of October 29, 1982, were correct as presented.
Miss Nash requested that on the minutes of December 8, 1982, the name of Mrs. Johnson,
mentioned in Item #4b, be corrected to contain her full name of Mrs. Gay Blair Johnson
Hathaway to avoid a potential for confusion.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Butler, to approve the
minutes as corrected for August 4, October 29 and December 8, 1982. Roll was called and
the motion carried by the following recorded vote:
AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
January 19, 1983 (Regular Night Meeting)
Agenda Item No. 14a. Discussion of Cancellation of meeting of February 2, 1983. Mr.
Fisher said he has been advised by the staff that there are no scheduled zoning matters
for this regular night meeting. Mr. Agnor said he is expecting receipt of the Law Enforce-
ment Merger Study from the consultants prior to the February 2, 1983, meeting date and the
Board may wish to keep this date open for formal receipt of this report. Mr. Agnor said
he has not yet conferred with City officials to see if February 2 would be an appropriate
time to receive said report. It was the consensus of the Board to leave February 2, 1983,
scheduled as a regular meeting. Mr. Fisher said Board members would be advised as soon as
possible if the Law Enforcement Study will be discussed on that date.
Agenda Ztem No. 15. Other Matters Not Listed On the Agenda. Mr. Agnor noted receipt~
of notices from both Staunton and Waynesboro regarding the annexation of a portion of
Augusta County. Mr. Agnor said the State Conur~iss±on on Annexation is requesting testimony
from Albemarle County regarding this matter. Mr. Agnor said a response to this request
must be submitted by January 28, 1983. Mr. Fisher suggested~sending a response stating
that the proposed annexations have no direct implications to Albemarle County. Mr. St.
John said his office received a similar notice of annexation regarding Luray and Page
County.
Mr. Butler reported on his attendance at a meeting of the Governor's Employment and
Training Council, which took place earlier today in Harrisonburg. Mr. Butler said the Job
Training Partnership Act recently signed into la~ by President Reagan will replace the
Comprehensive Employment and Training Act on October 1, 1983. The Act specifies increased
responsibilities for state and local governments. Its success will depend on forming a
partnership with private employers to provide training for economically disadvantaged
adults and youth, etc.
The Governor proposes statewide service areas with populations of at least 200,000.
Several options were given localities for participating in this program. Mr. Butler said
he felt the Thomas Jefferson Planning District Commission should advise the County on the
most advantageous way to participate. Mr. Fisher said he has already met with Mr. Jim
Skove of the Planning District Commission. Mr. Fisher said he feels that the Planning
District Commission must act as staff to bring together other Planning Districts, work out
a proposed service delivery area, and the present proposals to all the local governments
involved.
Mr. Agnor reported receipt of a communication from the Federal Emergency Management
Agency and the State O~fice of Emergency Services regarding the Soviet satellite Cosmos
1402. Mr. Agnor said the satellite is being tracked and if it should begin to fall
somewhere in Virginia, emergency actions will be taken immediately.
At 10:45 P.M., Mr. Fisher requested an executive session to discuss personnel matters
and property acquisition. Motion was offered by Mr. Henley, seconded by Miss Nash, to
adjourn into executive session for the purposes requested by Mr. Fisher. Roll was called
and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash.
None.
At 11:10 P.M., the meeting reconvened back into open session. Motion was offered by
Mr. Lindstrom, seconded by Miss Nash, to authorize the Chairman to sign an agreement
between the Perry Foundation, Incorporated and the County of Albemarle for the purchase of
the C & 0 Railway Station and the land on which it stands by the Perry Foundation , at the
price of Forty-Five Thousand dollars; as attached to a letter dated January 10, 1983, from
Mr.' George R. St. John, County Attorney, to Junius R. Fishburne, Esquire. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Butler, Fisher, Henley, Lindstrom and Miss Nash.
NAYS: None.
ABSTAIN: Mrs. Cooke.
(NOTE: On January 21, 1983, a note was received from Mr. Gerald E. Fisher stating "George
St. John called me today to say that this (agreement) should be held for awhile to work
out some problems.")
Agenda Item No. 16.
Adjourn.
At 11:15 P.M., Mr. Fisher declared the meeting adjourned.
Chairman