1998-05-20May 20, 1998 (Regular Night Meeting)
Page 1
O002SO
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on May 20, 1998, at 7:00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman (arrived at 7:03 p.m.),
Ms. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Walter F. Perkins
and Ms. Sally H. Thomas.
ABSENT: Mr. Charles S. Martin.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., Deputy
County Attorney, Mark A. Trank, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the
Chairman, Mr. Marshall.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public.
Mr. Charles Abbey, a resident of the Rio District, spoke concerning the
combining of the Police and Sheriff's Departments. He believes the community
will benefit if all of the facts were laid before the Board and a decision was
made. He has heard various numbers, including one which said there'would be
an $800,000 savings per year if the two departments are combined. He sug-
gested that a committee of five to seven citizens, along with the Chief of
Police and the County Sheriff study this issue for one year and present the
facts to the Board. Since money is tight, it makes sense to examine this
issue closely.
Agenda Item No. 5. Consent Agenda.
Motion was offered by Ms. Thomas, seconded by Mr. Bowerman, to approve
items 5.1 through 5.6b and to accept the remaining items for information.
Roi1 was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Item No. 5.1. Request to set a public hearing on June 10, 1998, on an
ordinance to amend the Transient Occupancy Tax regulations.
The executive summary states that during the public hearings on the
meals tax last year, a business owner approached the Finance Department about
the possibility of remitting the Transient Occupancy Tax on a similar basis,
i.e., reporting and remitting on a monthly basis instead of the quarterly
basis now used, and allowing a deduction for the business for the timely
collection and payment of the tax. A survey was sent out to the 25 businesses
that currently remit the tax to the County. Of the 14 that responded, only
one indicated they prefer the current method of remittance.
The Finance Department, in conjunction with the County Attorney's
office, has reviewed and revised the article of the Albemarle County Code
dealing with the Transient Occupancy Tax. The revised article mirrors the
meals tax regulations and changes the remittance to a monthly basis and allows
for a lodging provider deduction.
Staff recommends the Board of Supervisors set a public hearing on June
10~ 1998 for the ordinance to amend the Transient Occupancy Tax regulations.
By the above shown vote, the Board set a public hearing on June 10,
1998, on an ordinance to amend the Transient Occupany Tax regulations.
0002 2
May 20, 1998 (Regular Night Me~ting)
Page 2
Item No. 5.2. Adopt revised resolution for the FY 1999 Virginia
Juvenile Community Crime Control Act (VJCCCA) Plan for Albemarle/
Charlottesville Juvenile services.
The Executive Summary states that at the Board's April 1 meeting, the
Board approved a resolution certifying compliance with the requirements of the
Virginia Juvenile Community Crime Control Act (VJCCCA) in order to receive the
FY 1999 funds allocated to Albemarle County. Albemarle's FY1999 state funding
allocation included in the resolution was $179,956, although it was understood
and stated at the time that the Legislature was going to adopt a hold harmless
clause and therefore, Albemarle County would ultimately receive $202,444 or
level with its FY1998 funding allocation. However, the Department of Juvenile
Justice required the County to approve and submit a resolution in April,
knowing that the Board would need to approve a revised resolution after the
Governor signed the final budget.
The proposed resolution is virtually the same as the one the Board
approved in April, except for one change in the second paragraph. The second
paragraph formerly read, "The Department of Juvenile Justice has approved
funding for the County of Albemarle through the Virginia Community Crime
Control Act for FY1999 in the amount of $179,956, and ...". The revised
version simply omits ~in the amount of $179,956" and ends the paragraph with
FY1999. This revision complies with the wishes of the Department of Juvenile
Justice and also assures that if, in the future, the funding amount fluctu-
ates, the Board will not be required to approve a second resolution.
The additional $22,488 (the difference between $179,956 and $202,444)
will be allocated to the 16th District Court Service Fund, which allows the
Court Services Unit to access community-based services for juveniles in their
care, and the electronic monitoring program.
Staff recommends approval of the resolution that will then be forwarded
to the Department of Juvenile Justice for the County's FY1999 VJCCCA Plan.
By the above shown vote, the Board adopted the following resolution and
forwarded same to the Department of Juvenile Justice for the County's FY1999
VJCCCA Plan.
RESOLUTION
WHEREAS, the 1995 Virginia General Assembly enacted the Virginia Juvenile
Community Crime Control Act to establish balanced, community-based
systems of sanctions, programs and services for juvenile offenders
effective January 1, 1996; and
WHEREAS, the Department of Juvenile Justice has approved funding for the
County of Albemarle through the Virginia Juvenile Community Crime
Control Act for FY1999; and
WHEREAS, the County of Albemarle has submitted a plan together with the City
of Charlottesville to the Department, designating Charlottesville as the
fiscal agent, to use these Virginia Community Crime Control Act funds to
provide services to youth who come before the Juvenile and Domestic
Relations Court in FY1999;
NOW, THEREFORE,BE IT RESOLVED THAT the Board of County Supervisors of
Albemarle County, Virginia, certifies that it:
Will not contribute less funding for the implementation of this local
plan than was expended for block grant funded programs for services
either operated or utilized in FY1995 in compliance' with §16.1-309.6 of
the Code of Virqinia; and
Will not utilize funds provided by this Act to supplant funds estab-
lished as the state pool of funds under §2.1-757 in compliance with
§16.1-309.3 of the Code of Virqinia; and
Will comply with all provisions of §16.1-309.9 of the Code of Virqinia
which gives the Board of Juvenile Justice the authority to establish and
enforce standards and to review the expenditures and services estab-
lished by the local plan; and
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000262
Consulted with the Judge(s) of the Juvenile and Domestic Relations Court
and the Director of the Court Services of the participating jurisdic-
tions; and
Eo
Will submit routine reports and an other information to the Director of
the Department of Juvenile Justice for each program of service funded by
the Act in compliance with §§16.1-309.3 E and 16.1-309.10 of the Code of
Virginia and all applicable departmental procedures.
Item No. 5.3. Authorize County Executive to execute Agreement for the
Purchase of Electrical Service By Municipalities and Counties of the Common-
wealth of Virginia from Virginia Electric and Power Company.
The executive summary states that the VML/VACO Virginia Power Steering
Committee has negotiated a new three year contract for electrical service on
behalf of all the local governments of Virginia. Highlights of the contract
are identified in the attached letter to Mr. Tucker dated April 7, 1998 (copy
on file in the Clerk's office). A major benefit is a reduction in electrical
rates retroactive to July 1, 1997.
The proposed contract is recommended by VML and VACO. The County
Attorney has reviewed the contract and also recommends approval. Under the
proposed contract, because of the reduction in rates, the County will receive
a refund for payments made from July 1997 to April 1998 in the amount of
$7,140.
By the above shown vote, the Board authorized the County Executive to
execute the Agreement for the Purchase of Electrical Service By Municipalities
and Counties of the Commonwealth of Virginia from Virginia Electric and Power
Company dated April 20, 1998.
Item No. 5.4. Appointment of Nancy Nicoletto as the University of
Virginia's representative on the Housing Committee.
By the above shown vote, and at the recommendation of the University of
Virginia, the Board approved Ms. Nicoletto as the University of Virginia's
representative on the Housing Committee with term to run May 8, 1998 through
December 31, 2000.
Item No. 5.5. Appropriation: School Fund, $110,229 (Form #97059).
The executive sumary states that at its meeting on April 6, 1998, the
School Board approved the following appropriations: appropriation of FY
1996/97 school carryover ($96,402) and building rental funds ($13,827).
School Board Policy DB-E stipulates that schools shall be allowed to carry
forward no more than ten percent of its annual appropriation in any given
year. School Board Policy KG-R stipulates that 40 percent of building rental
fees collected shall be returned to the rented facility to be used toward the
equipment replacement effort.
Staff recommends the Board approve the appropriations, in the total
amount of $110,229.00, as detailed on form 97059.
By the above shown vote, the Board approved the following Resolution of
Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 97/98
NLTMBER: 97059
FUND: SCHOOL
PURPOSE OF APPROPRIATION: APPROPRIATION OF SCHOOL FUND BALANCES
FOR FY 1996/97 CARRYOVER AND BUILDING RENTAL FEES.
EXPEN-DITURE
COST CTR/CATEGORY
1220161101601300
1220261101601300
1220361101601300
1220461101601300
DESCRIPTION
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
AMOUNT
$3,416.00
2,347.00
599.00
4,149.00
May 20, 1998 (Regular Night M~eting)
Page 4
1220561101601300
1220661101601300
1220761101601300
1220961101601300
1221061101601300
1221161101601300
1221261101601300
1221361101601300
1221561101601300
1221661101601300
1225161101601300
1225361101601300
1225561101601300
1230161101601300
1230261101601300
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
ED/REC SUPPLIES
TOTAL
REVENUE
2200051000510100
2200051000510100
DESCRIPTION
SCHOOL FUlqD BALANCE
SCHOOL FUND BALANCE
4,115.00
7,688.00
1,747.00
1,970.00
6,902.00
751.00
3,449.00
5,654.00
1,309.00
9,716.00
2,567.00
10,315.00
8,002.00
35,370.00
163.00
$110,229.00
AMOUNT
$96,402.00
13,827.00
TOTAL $110,229.00
Item No. 5.6. Charlottesville/Albemarle Airport Parking Project Bond
Resolution.
The Executive Summary states that the Charlottesville-Albemarle Airport
Authority plans to issue up to $3,000,000 of its revenue bonds to finance the
expansion and reconfiguration of the parking facilities at the Airport and to
make improvements to roads at the Airport. The Authority is scheduled to hold
a public hearing at 10:30 a.m. on May 20,1998 to receive public comment on
this proposal. At the conclusion of the public hearing, the Authority intends
to adopt a Resolution asking the Board of Supervisors to adopt a Resolution to
approve the issuance of the bonds by the Authority.
State law and the Internal Revenue Code require that the County approve
the issuance of any private activity revenue bonds which are to be used to
finance improvements in the County. No public hearing is required except for
the public hearing to be held by the Authority. The approval of the bonds by
the County does not constitute an indorsement of the bonds and does not create
any liability for the County in regard to the issuance or payment of the
bonds.
Contingent upon the Authority holding its public hearing on May 20, 1998
and approving a Resolution recommending the approval of the revenue bonds,
staff recommends that the Board adopt the attached Resolution approving the
issuance of up to $3,000,000 of revenue bonds by the Charlottesville-Albemarle
Airport Authority.
By the above shown vote, the Board of Supervisors adopted the following
resolution:
RESOLUTION
OF THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Charlottesville-Albemarle Airport Authority (the "Author-
ity''), proposes to issue up to $3,000,000 of its revenue bonds (the "Bonds")
to (1) finance the expansion and reconfiguration of the parking facilities at
the Charlottesville-Albemarle Airport in Albemarle County, Virginia (the
"Airport"), including the acquisition, construction and equipping of related
access ways, control booths, and equipment, (2) pay the costs associated with
acquiring, constructing, rerouting and landscaping certain roads at the
Airport and (3) fund certain reserve funds and pay certain costs of issuance
of such revenue bonds (the "Project"), and has held a public hearing on
May 20, 1998;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
(the "Code"), provides that (1) the governmental unit having jurisdiction over
the area in which any facility financed with the proceeds of private activity
000264
May 20, 1998 (Regular Night Meeting)
Page 5
bonds is located and (2) the applicable elected representative of the issuer
of private activity bonds must approve the issuance of the bonds;
WHEREAS, the Authority is a political subdivision located within the
geographic jurisdiction of the County of Albemarle, Virginia (the "County");
the Project is located in the County and the Board of Supervisors of the
Albemarle County, Virginia (the "Board") constitutes the highest elected
governmental unit of the County as well as the applicable elected representa-
tive of the Authority;
WHEREAS, the Authority has recommended that the Board approve the issuance
of the Bonds; and
WHEREAS, a copy of the Authority's resolutions approving the issuance of
the Bonds, subject to the terms to be agreed upon, a certificate of the public
hearing and a Fiscal Impact Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority, as
required by Section 147(f) of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Virginia Code"), to permit the Authority to
finance the Project.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of
the Project or the Authority.
3. Pursuant to the limitations contained in Temporary Income Tax Regula-
tions Section Sf.103-2(f) (1), this resolution shall remain in effect for a
period of one year from the date of its adoption.
This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of Albemarle County, Virginia this day
of May 20, 1998.
Item No. 5.6a. Request to apply for additional Revenue Sharing Funds.
The executive summary states that, pursuant to Section 33.1-75.1[D] of
the Code of Virginia, the County has an opportunity to request additional
revenue sharing funds. The funds will come from unused allocations from
FY1997-98. Twenty-four counties are eligible to apply for the unused alloca-
tion, which totals $378,500.
The County allocated $500,000 for revenue sharing in FY1997-98; the
County has received $358,362 which was applied to the Airport Road project.
The County can apply for up to $25,000 in additional funds. Staff recommends
the $25,000 also be designated for the Georgetown Road and Meadow Creek
Parkway projects.
By the above shown vote, the Board adopted the following resolution:
RESOLUTION
the County Primary and Secondary Road Fund, more commonly known as the
"Revenue Sharing Program", allows the Virginia Department of Transporta-
tion (VDOT) to provide state funds to match local funds for the construc-
tion, maintenance or improvement of primary and secondary highways in the
county; and
WHEREAS, the Board of Supervisors was recently notified that it has the oppor-
tunity to request an additional allocation from the FY1997-98 Revenue
Sharing Program;
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
requests an additional $25,000 in Revenue Sharing funds and that the
funds be designated to the Georgetown Road and Meadow Creek Parkway
projects, as set out on Attachment B (on file in the Clerk's office).
The Board acknowledges that it must be prepared to match the supplemental
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May 20, 1998 (Regular Night Me,ting)
Page 6
allocation from its general fund prior to advertisement of the work to be
performed or no later than June 30, 2998, whichever is earlier
Item No. 5.6b. Proclamation proclaiming the week of June 4 through June
11, 1998 as Nurse Assistants' Week and June 4, 1998 as Career Nurse Assis-
tants' Day.
By the above shown vote, the Board adopted the following proclamation:
NI/RSE ASSISTANTS' WEEK
AND
CAREER NI/RSE ASSISTANTS' DAY
3, the nursing homes, home care agencies, assisted living facilities, day
care centers and hospitals in the community have accepted responsibility
for providing care to many of our frail elderly and chronically ill
citizens; and
WHEREAS, many nurse assistants, home care aides and other caregivers provide
consistent and compassionate care to the citizens of Albemarle County;
and
WHEREAS, the conscientious nurse assistant, home care aide or caregiver con-
tributes to the quality of life and the quality of care received by these
citizens; and
WHEREAS, home care agencies, nursing homes, hospitals, day care centers and
assisted living facilities in this community are sponsoring activities in
recognition of the contributions of the nurse assistant and other direct
care providers;
NOW, THEREFORE, I, Forrest R. Marshall, Jr., Chairman, on behalf of the
Albemarle Board of County Supervisors, do hereby proclaim
JUNE 4TH THROUGH JUNE llTH, 1998,
as
NURSE ASSISTA/qTS' WEEK and
JUNE 4TH, 1998
as
CAREER NURSE ASSISTANTS' DAY
throughout this community, and encourage all residents to join with the
Board of Supervisors in recognizing the quality of care given to our
citizens in long term care facilities by these important caregivers.
Signed and sealed this 20th day of May, 1998.
Item No. 5.7. Copy of Planning Commission minutes of April 21, 1998, was
received for information.
Item No. 5.8. Copy of letter dated April 28, 1998, from
Ms. Donna Shaunesey, Executive Director of JAUNT, Inc., to
Mr. Robert W. Tucker, Jr., re: third quarter report for JAUNT services in
Albemarle County, was received for information.
Ms. Thomas asked for comparative figures from the past in order to get
some perspective.
Item No. 5.9. Supts. Memo No.3, dated May 8, 1998, from
Mr. Paul D. Stapleton, re: results of the 1998 Special Session of the General
Assembly, was received for information.
Item No. 5.10. Arbor Crest Apartments (Hydrualic Road Apts.) monthly
bond and progress report for the month of April, 1998, was received for
information.
May 20, 1998 (Regular Night Me~ti~g)
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000266
Item No. 5.11. Comparative Report of Local Government Revenues and
Expenditures, for the year ended June 30, 1997, as prepared by the Auditor of
Public Accounts, was received for information.
Ms. Thomas said that at the VACO Finance Steering Committee meeting,
someone had said it was discovered that there is a good deal of red tape,
making it difficult to obtain monies. Mr. Tucker said that he had not heard
that, but he would speak to the Schools to see if that is a problem.
Ms. Thomas also recommended that staff thank legislators for their efforts.
Agenda Item No. 6. SP-97-37o Moore's Creek Stream Restoration at Azalea
Park (Signs #56&57). PUBLIC HEARING on a request for stream restoration
[30.3.5.2.2(3)], in Azalea Park on Moore's Creek. Znd RA & FH (Flood Hazard)
& lies w/in a designated Entrance Corridor. TM76,P55E. Located on E sd of St
Rt 780 (Old Lynchburg Rd). (Property recommended for Parks and Greenways in
Urban Neighborhood Five in Comp Plan.) Scottsville Dist. (Advertised in the
Daily Progress on May 4 and 11, 1998.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and made a permanent part of the record. Staff has recommended
approval of the request. The Planning Commission, at its meeting on April 7,
1998, recommends approval subject to five conditions outlined in a memorandum
dated April 6, 1998, from Mr. David Hirschman, Water Resources Manager.
With no questions for Mr. Cilimberg, the public hearing was opened by
Mr. Marshall.
Mr. David Hirschman said that since this is a City park, the staff looked
for innovative solutions to make it look as attractive as possible. He then
showed slides of the Moore's Creek watershed.
Many of the historic problems with the watershed have been caused by
development such as the railroad, road improvements on Route 29 South, and 1-
64, which goes right through the flood plain. The public park has signs
warning people not enter the area because of bank erosion. It is a very
unstable situation, with huge amounts of sedimentation going into Moore's
Creek and the Rivanna River, and trees are falling into the creek. While
studying the situation, staff visited Baltimore County, which restored a
stream ten years ago by recreating the stream channel. These techniques are
called ~soil bioengineering", since they use rocks and plants to stabilize
stream banks. This is the type of approach he would like to use for Moore's
Creek at Azalea Park. The project has required a lot of permits from various
agencies, and coming before the Board is the final step.
Ms. Humphris asked what the follow-up was to the letter from Mr. Cason's
attorney. Mr. Cilimberg replied that the letter was forwarded to the Zoning
Department, since it is a zoning matter that has nothing to do with this
special use permit. Mr. Hirschman said that Mr. Cason wants to make this more
of a park-like setting. The City is currently negotiating a 25 foot easement
along Mr. Cason's side of the stream. Ms. Humphris said that she was con-
cerned about the way that it was stated in the letter, since she was not sure
whether those activities would be allowed. Mr. Hirschman said a meeting had
taken place, and Mr. Cason had been referred to the Zoning Department. Since
the property is zoned Rural Areas, there are a lot of possible uses.
With no one else from the public rising to speak, the public hearing was
closed and the matter placed before the Board.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to approve
SP-97-37 with the five conditions from the Engineering Department.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Mr. Perkins said there are similar situations on the Mec4h~B~'~ Rjr§r,
particularly near the Miller School, where extensive bank ~~
taking place. There could be a cooperative project, particularly with someone
like Miller School, using federal money and money from Rivanna, because this
feeds into the Reservoir. Mr. Hirschman said that this could be a test bed
May 20, 1998 (Regular Night Meeting)
Page 8
000267
for other projects, like Meechum's River. He has been thinking of the Miller
School as a potential project.
(The five conditions are as follows:)
Approval of an erosion and sediment control plan by Albemarle
County and the City of Charlottesville OR the Virginia Soil and
Water Conservation Board, in accordance with Section 10.1-563(A) of
the Virginia Erosion & Sediment Control Act and Section 19.3-11 of
Albemarle,s Water Protection Ordinance (pertaining to projects that
involve more than one jurisdiction);
Engineering Department receipt of proof of compliance with Federal
and State permits for stream channels and wetlands;
Engineering Department approval of hydrologic and hydraulic compu-
tations to demonstrate compliance with Sections 30.3.2.2 and 30.3.3
of the Zoning Ordinance for impacts to flood plain elevations. This
includes Engineering Department approval of the design of the low-
water stream crossing on the intermittent stream to provide mainte-
nance access to the restoration project, and approval of the
location of a soil stockpile for excess material;
Engineering Department receipt of as-built cross-sections of the
post-restoration stream channel for purposes of the Moores Creek
stormwater model; and
Engineering Department approval of a mitigation plan in accordance
with Sections 19.3-45 and 19.3-46 of the Water Protection Ordi-
nance.
Agenda Item No. 7. SP-98-02. Geoff Stelling Banjo Manufacturing (Sign
#54). Public hearing on a request to expand the storage space to 480 sq ft
for existing Home Occupation Class B. TM96,P16A. Znd RA. Located on 16.94
acs at intersec of Rts 633 & 634. (Property not located in designated
development area.) Scottsville Dist. (Advertised in the Daily Progress on
May 4 and 11, 1998.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and made a permanent part of the record. Staff recommends
approval of the special use permit subject to one condition. The Planning
Commission, at its meeting on March 24, 1998, also recommended approval of the
request, but amended the staff's condition for allowance of expansion up to
2000 square feet, as opposed to the 1740 square feet. The Commission felt the
added square footage would give the applicant room for growth.
At this time, Mr. Marshall asked the applicant if he wished to make any
comments to the Board.
Mr. Geoffrey Stelling, the applicant, said that this will allow him to
use the property more efficiently and safely. The current space is inade-
quate. He does not plan to expand his business operations. He will not do
any digging, excavating or tree removal; the expansion will have no impact on
the surrounding area.
Mr. Marshall then opened the meeting to the public for comments.
With no one from the public rising to speak, the public hearing was
closed and the matter placed before the Board.
Motion was offered by Ms. Thomas, seconded by Mr. Perkins, to approve SP-
98-02 with the one condition recommended by the Planning Commission.
Roll was called and the motion caz'ried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
May 20, 1998 (Regular Night Meeting) 000~
Page 9
The condition is as follows:
1. Area used to conduct the Home Occupation shall not exceed 2,000
square feet.
Agenda Item No. 8. SP-98-04. Chris Greene Lake Fishing Pier (Sign #65).
Public hearing on a request to enlarge an existing fishing pier (30.3.5.2.1)
at Chris Greene Lake, to provide improved accessibility for persons with
disabilities. Znd RA. TM32,P41. Property accessed from St Rt 850 (Chris
Greene Lake Rd). (Property not located in a designated development area.)
White Hall Dist. (Advertised in the Daily Progress on May 4 and 11, 1998.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and made a permanent part of the record. Staff recommends
approval of the request subject to one condition. The Planning Commission, at
its meeting on April 7, 1998, recommended approval subject to three condi-
tions.
Mr. Marshall opened the meeting to the public for comments.
With no one from the public rising to speak, the public hearing was
closed and the matter placed before the Board.
Ms. Thomas asked what material would be used. The May, 1998, issue of .A
Virginia Business had an article showing how to use plastic bags ~44~
sawdust to create material to be used. The Ivy Landfill gets five tons of
plastic film each year. Ms. Humphris said that she had looked at the mate-
rial. It is very dense and appears extremely durable, but it can only be used
for decking, not for structural framing. It is also rather expensive; the
article said it can cost 10 to 50 percent more to use than other materials,
but staff said it could cost 50 percent more. Mr. Bowerman noted that if it
lasted longer, it could be cheaper in the long run.
Mr. Perkins asked why a special use permit was required. Mr. Cilimberg
replied that a special use permit is required for activity in a flood plain
area.
Motion was offered by Mr. Perkins, seconded by Mr. Bowerman, to approve
SP-98-04 with the three conditions recommended by the Planning Commission.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
The conditions are as follows:
Issuance of building permit by the Department of Building Code and
Zoning Services;
2. Pier to be in compliance with all ADA requirements; and
Department of Engineering certification that structure will support
a minimum weight of 100 points per square foot.
Agenda Item No. 9. SP-98-06. Hanson Mountain Communications Tower
(Signs #45&46). Public hearing on a request, in accord with the provisions of
Sec 10.2.2(6), to make an existing tower conforming with current ordinance
requirements which will permit the addition of antenna to the tower. Znd RA.
TM78,P51C. Located adjacent to Ashcroft Subd approx 0.4 ml E of Lego Drive.
(Property not located in a designated development area.) Rivanna Dist.
(Applicant requests deferral.) (Advertised in the Daily Progress on May 4 and
11, 1998.)
Mr. Marshall said the applicant had requested deferral, but the request
was not made within the required timeframe to notify the public. So, if there
are members of the public to speak to this matter, the public hearing would go
forward.
May 20, 1998 (Regular Night Meeting)
Page 10
000269
Mr. Marshall then opened the meeting to the public for comments.
With no one from the public rising to speak, the public hearing was
closed and the matter placed before the Board.
Ms. Thomas suggested granting the deferral. Ms. Humphris asked if 30
days was enough time, and the applicant said it was enough time.
Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to defer
SP-98-06 until June 17, 1998.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 10. SP-98-07. Cook Mtn CV144 (Sign #39). Public
hearing on a request by CFW Wireless in accord w/ the provisions of Sec
10.2.2(6) to allow construction of telecommunica-tions fac on TM98,P22. Znd
RA. Located on E sd of Rt 29 (Monacan Dr) approx 1.7 ml S of Rt 692 (Plank
Road). (Property is not located in a designated development area.) Samuel
Miller Dist. (Advertised in the Daily Progress on May 4 and 11, 1998.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and made a permanent part of the record. Staff has recommended
approval of the request subjec to 14 conditions. The Planning Commission, at
its meeting on April 21, 1998, by a vote of 4:3, recommended approval of the
request, subject to 17 conditions. The dissenting vote was because of
concerns for additional towers with no Master Plan concept.
Referring to condition number 14, Ms. Thomas asked if the road was too
wide. Mr. Cilimberg said that 75 feet was considered the maximum necessary
for a roadway to provide an adequate travelway and drainage. A wide road is
sometimes needed to get the 2:1 slope required for erosion control.
Mr. Cilimberg noted that it was possible that they may not need 75 feet.
At this time, Mr. Marshall asked the applicant if he wished to make any
comments to the Board.
Mr. Tom Whittaker, Network Operations Director for CFW, read a statement.
He said that CFW has pursued a mini-cell Site strategy, which involves wooden
telephone poles no taller than the surrounding trees, and which has minimal
visual impact. The mini-cell site has the lowest possible impact on the
community. Without the support of the County, CFW will be denied the ability
to compete in the market.
With no one else from the public rising to speak, the public hearing was
closed and the matter placed before the Board.
Ms. Thomas said that she had visited the site and felt the tower would
not be intrusive. The road is screened and the property is wooded with
evergreens. She suggested that mini-cell sites are a good way to go. The
Board must help the applicants, or they will go to VDoT to obtain rights-of-
way, and the County will not have any control. Though she is sympathetic to
the Planning Commission's concerns, she feels that this particular site
warrants approval.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to approve
SP-98-07 with 17 conditions recommended by the Planning Commission.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
(The conditions are as follow:)
The elevation at the top of the tower shall not exceed the height
of the tallest tree within twenty-five (25) feet of the tower. The
applicant shall provide a certified statement on the height of the
May 20, 1998 (Regular Night Meeting)
Page 11
OO027O
tallest tree. Antenna may extend seven (7) feet above the height
of the tower. Equipment extending above the tower shall not exceed
three (3) inches in diameter;
2. The tower shall be designed, constructed and maintained as follows:
a. The tower shall be of treated wood;
b. Guy wires shall not be permitted;
c. The tower shall have no lighting; and
The tower shall not be painted.
3. The tower shall be located on the site as follows:
ao
The tower shall be located as shown on the attached plan
entitled "Tower site for CFW Wireless CV-144" and initialed
"WDF 4/6/98"
4. Antennas may be attached to the tower only as follows:
Antenna shall be limited to a maximum of two (2) fiberglass
antenna not to exceed seven (7) feet in height or three (3)
inches in diameter. These antenna shall be painted brown or
a color to match the pole; and
b. Satellite and microwave dish antennas are prohibited.
The tower shall be used, or have the potential to be used, for the
colocation of other wireless telecommunications providers, as
follows:
so
The permittee shall allow wireless telecommunications provid-
ers to locate antennas on the tower and equipment on the
site, subject to these conditions:
Prior to approval of a final site plan for the site or
the waiver of the site plan requirement, the permittee
shall execute a letter of intent stating that it will
make a good faith effort to allow such location and
will negotiate in good faith with such other provider
requesting to locate on the tower or the site; and
The permittee shall provide to the County, upon re-
quest, verifiable evidence that it has made a good
faith effort to allow such location. Verifiable evi-
dence of a good faith effort includes, but is not
limited to, evidence that the permittee has offered to
allow other providers to locate on the tower and site
in exchange for reciprocal rights on a tower and site
owned or controlled by another provider within
Albemarle County.
Each outdoor luminaire shall be fully shielded such that all light
emitted is projected below a horizontal plane running through the
lowest part of the luminaire. For purposes of this condition, a
"luminaire" is a complete lighting unit consisting of a lamp or
lamps together with the parts designed to distribute the light, to
position and protect the lamps, and to connect the lamps to the
power supply. Lighting limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the
equipment building, or installation of access for vehicles or
utilities, the permittee shall obtain authorization from the
Director of Planning to remove existing trees on the site. The
Director of Planning shall identify which trees may be removed for
such construction or installation. Except for the tree removal
expressly authorized by the Director of Planning, the permittee
shall not remove existing trees within two hundred (200) feet of
the tower, the equipment building, or the vehicular or utility
access;
May 20, 1998 (Regular Night Meeting)
Page 12
O00Z?l
The permittee shall comply with Section 5.1.12 of the Zoning
Ordinance. Fencing of the lease area shall not be required;
The tower shall be disassembled and removed from the site within
ninety (90) days of the date its use for wireless communications
purposes is discontinued;
10.
The permittee shall submit a report to the Zoning Administrator
once per year, by not later than July 1 of that year. The report
shall identify each user of the tower and shall identify each user
that is a wireless telecommunications service provider;
11.
Minimum allowable radius for horizontal curvature of the access
road shall be forty (40) feet;
12.
No slopes associated with construction of the tower and accessory
uses shall be created that are Steeper than 2:1 unless retaining
walls, revetments, or other stabilization measures acceptable to
the County Engineer are employed;
13.
The access road shall be built with side slopes on cut and fill
slopes at 2:1 or flatter;
14.
The access road shall disturb no more than seventy-five (75) feet
in cross section;
15. Ail other equipment shall be painted brown;
16. Ail lighting shall be shielded from Route 29; and
17. Electric power lines shall be buried.
Agenda Item No. 11. SP-98-08. Crossroads CV143 (Sign #96). Public
hearing on a request by CFW Wireless in accord w/ the provisions of Sec
10.2.2(6) to allow construction of telecommunications fac on TM87,P7A. Znd
VR. Located 260 ft from W sd of St Rt 29 S, approx 1 ml S of St Rt 710.
(Property is not located within a designated development area.) Samuel
Miller Dist. (Advertised in the Daily Progress on May 4 and 11, 1998.)
Mr. Cilimberg summarized the staff report, which is on file in the
Clerk's office and made a permanent part of the record. The Planning Commis-
sion, at is meeting on April 21, 1998, by a vote of 4-3, recommended approval
of the application subject to 17 conditions. The Commission denied a request
for setback waiver. The applicant has asked that the waiver request be
reconsidered. If the Board approves the the setback waiver, the Commission
would have to reconsider the waiver request. Staff recommended approval
subject to 14 conditions.
Ms. Thomas suggested the Board should approve the request and send it
back to the Commission to reconsider the setback waiver.
Mr. Marshall asked where the tower would be located. Mr. Dick Shearer
showed the Board three photographs of the site and where the tower would be
located. If the waiver is not granted, the tower would be relocated into an
open area near a homeowner's garden, making it more visible. Also, one of the
requirements is that the pole can be no higher than the trees within a 25-foot
radius of the pole location, and if it is sitting out in the open, there are
no trees to associate the height of the pole with. Mr. Cilimberg said that
the Planning Commission may not have understood this as the meeting, as the
applicant was not then prepared to discuss the location.
Ms. Thomas said one of the Commission members had said that the setback
should be at least the height of the pole, and the motion was then made
without discussion. Ms. Humphris said that VDOT is concerned about the pole
falling across their right-of-way. Mr. Cilimberg said the Planning Commission
scaled the property off to make sure that a site could be found that would
provide for setbacks. Theoretically, it was possible to find a site, but it
would then be sitting in the open.
Mr. Marshall asked what the Board is allowed to do. Ms. Thomas said that
she would like to send this item back to the Planning Commission. She is also
May 20, 1998 (Regular Night Meeting)
Page 13
000272
concerned about the VDOT comment, so she would like the Commission to recon-
sider their decision.
Mr. Marshall asked if the Board could vote on it as approved, then send
it back to the Planning Commission and have it come back on the consent
agenda. Mr. Trank said if the Board sends this back to the Planning Commis-
sion, it could be put on the consent agenda at the next meeting.
Mr. Cilimberg suggested it be put on the June 10 consent agenda to be sure
that the Planning Commission has time to consider the item.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to defer
action on SP-98-08 until June 10 and refer the application back to the
Planning Commission for reconsideration of the waiver.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 12. SP-98-09. Arrowhead CV152 (Signs #79&80) . P'ablic
Samuel Hi!!cr Dist. (Advertised in the Daily Progress on May 4 and 11,
1998. ) (REMOVE FROM AGE~A. )
enda Item No 13 ~iscussicn: ·
.......... ~- ~ .......... ~ ~-~ (REMOVED )
.......... ~ .......... } ................... FROM AGE~A.
Agenda Item No. 14. Approval of Minutes: June 12, June 19 and
October 14 (A) , 1996.
Ms. Humphris read the minutes of October 14, 1996, and gave typographical
corrections to the Clerk. Mr. Perkins read the minutes of June 19, 1996 and
found them to be in order.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to accept the
minutes as read.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 15. Other Matters not Listed on the Agenda from the
BOARD.
Ms. Humphris said Board members had all received a letter asking that
someone from the Board be present at the meeting to be held at Ashland-
Highland on May 29. Ms. Thomas said that she would attend. Ms. Humphris
asked whether a staff person, such as Ms. Scala, would be an appropriate
representative. Mr. Tucker said he was invited, but cannot attend. He will
ask Ms. Scala and Ms. Margaret Bickert if they can attend.
Ms. Humphris said that she had received a letter from Barboursville
Vineyard, saying that they believed they would not be able to plant grapes on
the hillsides due to the Mountain Protection Ordinance. Ms. Humphris said it
is disturbing that the public is so misinformed. People are scared about the
loss of use of their property. Mr. Bowerman asked where the information came
from. Ms. Thomas said that, according to the County's letter, agricultural
buildings are exempted, and agricultural pursuits are exempted. Mr. Marshall
said there was a good article in the Daily Progress, explaining that agricul-
tural buildings would still be allowed. Mr. Bowerman asked whether this
individual had been misdirected by staff.
May 20, 1998 (Regular Night Meeting)
Page 14
000273
Ms. Humphris said she saw a letter that contained misinformation saying
that all property rights could be taken away. She also noted that there have
been several ads in the newspaper, and a letter being passed around, that
filled the Auditorium with upset, angry people. It disturbs her that people
are not getting the correct information.
Mr. Marshall said that some good suggestions came out of the Board
meeting. Mr. Bowerman asked if there is any recourse against people sending
out clearly erroneous inflammatory information. Ms. Thomas said staff is
willing to talk to people who have concerns. It was the consensus of the
Board that the writer of the letter from Barboursville Vineyard be contacted.
Agenda Item No. 16. Executive Session: Legal Matters.
At 8:03 p.m., motion was offered by Mr. Bowerman to go into executive
session pursuant to Section 2.1-344(a) of the Code of Virginia under subsec-
tion (7) to consult with legal counsel and staff regarding specific legal
matters regarding two service agreements; and under subsection (7) to consult
with legal counsel and staff regarding specific legal matters relating to the
transition of Charlottesville to town status. Ms. Humphris seconded the
motion.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 17. Certify Executive Session.
At 8:55 p.m., motion was immediately offered by Mr. Bowerman, seconded by
Ms. Humphris, that the Board certify by a recorded vote that to the best of
each Board member's knowledge only public business matters lawfully exempted
from the open meeting requirements of the Virginia Freedom of Information Act
and identified in the motion authorizing the executive session were heard,
discussed or considered in the executive session.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr, Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Not docketed:
Motion was offered by Mr. Bowerman to schedule a public hearing for June
17, 1998 to consider a 2.75 percent salary increase for members of the Board
of Supervisors. Ms. Humphris seconded the motion.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
May 20, 1998 (Regular Night Meeting)
Page 15
000274
Agenda Item No. 18. Motion to Adjourn.
With no further business before the Board, the meeting was adjourned at
9:00 p.m.
--,~proved by
Board
Date ~151~
Initials