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Record of Proceedings

Albemarle County Board of Supervisors Meeting and Public Hearings - April 17, 2024

Board of Supervisors — Wednesday, April 17, 2024

BodyAlbemarle County, Virginia

SessionBoard of Supervisors

DateWednesday, April 17, 2024

StatusFILED

Video Record

0:00 / 9:36:18

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:00

Cool.

0:03

Good afternoon.

0:04

I'm pleased to call to order this regular meeting of the Alpemaro County Board of Supervisors on the 17th of April at 1 p.m.

0:10

in Lane Auditorium.

0:11

I'd like to note that at the Dais we have Supervisor Mike Pruitt of the Scottsville District, Supervisor B.

0:16

Lapisto Kirtley of the Ravana District, Supervisor Diantha McKeel of the Jack Jewett District.

0:21

Supervisor Ned Galloway of the Rio District, Supervisor Ann Malik of the Whitehall District, and myself, Jim Andrews representing the Samuel Miller District A quorum is present.

0:30

Also, we're joined by our county executive, Mr.

0:32

Jeff Richardson, our county attorney, Mr.

0:34

Steve Rosenberg, our clerk, Miss Claude Borgerson, and our senior deputy clerk behind the scenes, Mr.

0:39

Travis Morris.

0:40

Also, let me please welcome Albemarle County Police Officers present, Master Police Officer Chip Riley and Officer Andy Muncie.

0:48

We thank you for your service today and every day on behalf of the citizens of Albemarle County for our safety and security.

0:54

If all present would now stand as you are able to join us in the Pledge of Allegiance.

1:19

Thank you.

1:20

Now if you'll join us for a moment of silence.

1:46

Thank you.

1:47

Board, at this point, uh it's time for us to adopt the final agenda.

1:51

I have not heard of any proposed amendments to the final agenda.

1:56

If we have a motion, I move that we adopt the agenda as posted.

2:01

Second.

2:01

So we have a motion from Supervisor Malik, second from Supervisor McKeel.

2:05

Without objection, if the clerk will call the roll.

2:07

Ms.

2:08

Mallet, yes, Ms.

2:09

McKeel.

2:09

Yes.

2:10

Mr.

2:10

Pruitt.

2:11

Aye.

2:11

Mr.

2:11

Andrews.

2:12

Yes.

2:12

Mr.

2:13

Galloway?

2:13

Yes.

2:14

Ms.

2:14

Lapisto Kurtley.

2:15

Aye.

2:16

Thank you.

2:17

Now we will turn to have brief announcements by board members, and our order for today starts with uh Supervisor Lapisto Kirtney.

2:26

Thank you very much.

2:28

And other than just reporting on the EDA meeting yesterday, where uh they approved uh giving monies to a um a beekeeper for a mobile beekeeping processing plan, they can actually, or trailer, they can actually go to smaller beekeepers in the area, actually go there so they can process their honey, which saves them time and money and helps uh get more honey and helps the environment.

3:01

That's it.

3:02

Thank you.

3:03

Supervisor Galloway.

3:04

Thank you, Chair Andrews.

3:06

I want to acknowledge that it, especially over the last seven to ten days.

3:10

It's been a particularly difficult or trying time for our public safety officials, uh, both in police, fire, um, and the folks that that uh the emergency response and the all the systems that are in place that to deal with that.

3:27

I want to speak to one in particular that occurred in the Rio District in Belvedere that bordered um the Fairview Synod Swim and Tennis Club.

3:36

It's not lost on me that uh if you're not aware that what happened was the Hearts team was first on scene, and the gentleman was found to be in a mental health crisis, um, and eventually the police department had to come in to help resolve the situation.

3:52

The fact that the situation was resolved and that man is receiving treatment is a um specific commitment to an approach here in Albemarle County that I appreciate.

4:01

It is not lost on me that this gentleman would have been shot and killed if it in other jurisdictions in this country.

4:08

And frankly, the shooting and the death of the individual could have been justified as a killing.

4:16

Just because it's justified does not mean it's the right choice or the right thing to do.

4:21

And that goes to our approach to community policing in Albemarle County, that I am a very appreciative that we have.

4:28

So I am grateful to all the men and women that were involved that day to handle that situation with patience, compassion, and thought, and care to resolve the situation.

4:39

Um, that no residents or any of the personnel received injury and non-lethal means were used to subdue the gentleman, and now he's receiving treatment that he needs.

4:49

That type of commitment takes strong uh leadership to pull out.

5:00

So I'm very grateful that we have Colonel Reeves in place, because I know he is committed to this policing model, and that's how we're going to do and conduct business here in Almoral County.

Discussion Breakdown — Share of Meeting

Procedural██████████████████████████26%

Zoning And Land Use█████████9%

Public Safety████████8%

Church Expansion███████7%

Affordable Housing███████7%

Public Hearing█████5%

Homestay Regulations████4%

Human Services Funding████4%

Budget Equity Analysis████4%

Summary of Proceedings

Albemarle County Board of Supervisors Regular Meeting and Public Hearings - April 17, 2024

The Albemarle County Board of Supervisors met on April 17, 2024, in a full-day session that included morning and evening segments. The board addressed proclamations, public comments, consent agenda items, action items on homestays and land use, presentations on social services and the Rivanna Futures project, and public hearings on the FY2025 budget, tax relief for elderly and disabled persons, and two rezoning cases. The meeting featured extensive board discussion, public testimony, and several unanimous votes.

Consent Calendar

Approved minutes from July 20 and August 3, 2022.
Scheduled a public hearing for the Rivanna Water and Sewer Authority South Fork Rivanna Water Main Crossing Easement.
Authorized the Biscuit Run Maintenance Facility Design-Build Procurement.
Accepted roads in the Fairhill and Old Trail Creekside 3 subdivisions into the state secondary highway system.
Approved an ACSA easement across county-owned land near Rio Point Development.
Received quarterly reports from the Rivanna Water and Sewer Authority and the Albemarle County Service Authority.

Public Comments & Testimony

Morning Session (Item 7): Mary Crumbine (Scottsville District) requested a special exception to title a historic church property in a business name for a homestay. Tom Olivier (Samuel Miller District) expressed concerns about the Rivanna Futures project, questioning the need for an eight-mile defense corridor and its environmental and economic consequences.
Evening Session (Item 18): Libby Jones, executive director of the SPCA, introduced herself and invited the board to the Bow Wow Walk fundraiser.
Public Hearing on FY2025 Budget (Item 19): Lydia Brunk (Samuel Miller) and Gustavo Espinoza (Legal Aid Justice Center) urged increased funding for the Albemarle County Emergency Rent Relief Program (ACERP), with Espinoza presenting a petition of 272 signatures. Christy Hagen (Rivanna) and Margaret Rubin (Samuel Miller) also spoke in support of rent relief, highlighting the risks of eviction.
Public Hearing on Elderly/Disabled Tax Relief (Item 20): No public speakers.
Public Hearing on Cornerstone Community Church (Item 21): No public speakers (applicant presented).
Public Hearing on Woodbrook Apartments (Item 22): Libby Jones (SPCA) raised concerns about pedestrian connectivity to the SPCA property and safety on Woodburn Road.

Discussion Items

Proclamations (Item 6.1): The board recognized National Public Safety Telecommunicators Week (April 14-20, 2024) and the 40th anniversary of the CUA Emergency Communications Center. Board members praised telecommunicators for their professionalism and life-saving work.
Action Items – Homestays (Items 9-11): Three special exceptions for homestays were approved unanimously. Each required a resident agent because the property owners did not reside on the premises. Discussion included concerns about the program's structure and potential for abuse, but staff noted that annual short-term rental registry updates ensure a resident agent remains on the parcel.
Action Item – Orchard Acres Fill (Item 12): Approved a special exception to waive minimum setback and lot size requirements for two lots (0.54 and 0.46 acres) in the Orchard Acres subdivision to allow fill for building sites. The property had been filled without a permit, and the approval was needed to bring the site into compliance. Staff and DEQ found no significant wetland concerns. The vote was 7-0.
Presentation – Department of Social Services Annual Report (Item 13): Mary McIntyre, chair of the DSS Advisory Board, presented the FY2023 annual report. Key statistics: 44% increase in SNAP recipients from pre-pandemic levels, 20% increase in CPS referrals, 591 seniors receiving services to remain independent, and 123 families per month in the family support program. The board discussed challenges including staff stability, child care desert, housing voucher utilization (20% of those needing help), and the need for foster families for LGBTQ youth. The board praised the department's work and requested additional data on voucher utilization and child care needs.
Presentation – Rivanna Futures Update (Item 14): Trevor Henry, Deputy County Executive, and Michael Barnes, Planning Director, provided an update. The county closed on the 462-acre property in December 2023. Site readiness work is underway to achieve Tier 3 status, enabling state grant eligibility. A rezoning to Light Industrial with a special use permit is planned. The board heard about strong engagement with state and federal partners, including the Virginia National Guard, and a planned intelligence community conference in fall 2024. Supervisor Pruitt noted the importance of commuter transit for the site.
Closed Meeting (Item 15): The board convened a closed meeting to consult with legal counsel regarding the county's authority to regulate recreational uses of Ragged Mountain Reservoir. The closed meeting was certified afterward.
County Executive Report (Item 17): Jeffrey Richardson reported on the tragic loss of firefighter Micah Myers, FLIP solar training graduation, Red Cross partnerships, fraud investigator certifications, the county's recognition as a top employer for interns, an ICAC training, a new transportation project dashboard, the community read on climate change, and budget town halls. The board thanked staff for the town halls and discussed the value of employee town halls.
Public Hearing on FY2025 Budget (Item 19): CFO Jacob Sumner presented the proposed $635 million budget, which included a personal property tax rate increase to $3.96 (generating $4.5 million) and a transient occupancy tax increase from 8% to 9% (generating $900,000). The general fund expenditures total $438 million, with allocations including $13 million to schools, $9.3 million to workforce and customer service, $2.4 million to safety and well-being (including HART team expansion and additional firefighters), and support for capital projects. The board discussed the revenue split with schools and the need for efficiencies. Public testimony focused on increasing emergency rent relief. The board will consider tax rates at the next public hearing on April 24.
Public Hearing on Tax Relief for Elderly/Disabled (Item 20): The proposed ordinance amended County Code to increase the maximum annual income threshold from $83,850 to $88,800 and the net worth threshold from $250,000 to $305,000, tied to inflation and 80% of area median income. The board voted unanimously to adopt the ordinance.
Public Hearing on Cornerstone Community Church Rezoning (Item 21): The applicant sought to rezone 3.578 acres from R-1 to C-1 Commercial for religious assembly (300 seats) and commercial uses (13,500 sq ft). The planning commission recommended approval. Proffers included stream buffer restoration, building height limits, and use restrictions. A special exception was requested to allow existing buildings to encroach into the 50-foot setback. The board amended the special exception resolution to limit it to existing structures. The rezoning and special exception were approved unanimously.
Public Hearing on Woodbrook Apartments Rezoning (Item 22): The applicant requested to rezone 7.202 acres from R-6 to PRD Planned Residential Development for 244 multifamily units (34 du/acre). Proffers included 15% affordable housing at 80% AMI, $10,000 for a crosswalk/pedestrian signal at Berkmar Drive and Woodbrook Drive, pavement markings on Woodburn Road, and two special exceptions (waive stepback requirement and modify rear setback). The board discussed traffic, stormwater management, school impacts, and pedestrian connectivity. The planning commission had recommended approval (6-0). The board approved the rezoning and both special exceptions unanimously.

Key Outcomes

Approved all three homestay special exceptions (unanimous votes).
Approved the Orchard Acres fill special exception (unanimous).
Adopted the ordinance modifying real estate tax relief for elderly and disabled persons (unanimous).
Approved the Cornerstone Community Church rezoning and special exception as amended (unanimous).
Approved the Woodbrook Apartments rezoning and two special exceptions (unanimous).
Board directed staff to explore an ordinance to seek reimbursement for costs from bomb threats and terror hoaxes, with consensus to pursue.
Scheduled next meeting for April 24, 2024 at 6:00 PM in Lane Auditorium.

Meeting Transcript

Cool. Good afternoon. I'm pleased to call to order this regular meeting of the Alpemaro County Board of Supervisors on the 17th of April at 1 p.m. in Lane Auditorium. I'd like to note that at the Dais we have Supervisor Mike Pruitt of the Scottsville District, Supervisor B. Lapisto Kirtley of the Ravana District, Supervisor Diantha McKeel of the Jack Jewett District. Supervisor Ned Galloway of the Rio District, Supervisor Ann Malik of the Whitehall District, and myself, Jim Andrews representing the Samuel Miller District A quorum is present. Also, we're joined by our county executive, Mr. Jeff Richardson, our county attorney, Mr. Steve Rosenberg, our clerk, Miss Claude Borgerson, and our senior deputy clerk behind the scenes, Mr. Travis Morris. Also, let me please welcome Albemarle County Police Officers present, Master Police Officer Chip Riley and Officer Andy Muncie. We thank you for your service today and every day on behalf of the citizens of Albemarle County for our safety and security. If all present would now stand as you are able to join us in the Pledge of Allegiance. Thank you. Now if you'll join us for a moment of silence. Thank you. Board, at this point, uh it's time for us to adopt the final agenda. I have not heard of any proposed amendments to the final agenda. If we have a motion, I move that we adopt the agenda as posted. Second. So we have a motion from Supervisor Malik, second from Supervisor McKeel. Without objection, if the clerk will call the roll. Ms. Mallet, yes, Ms. McKeel. Yes. Mr. Pruitt. Aye. Mr. Andrews. Yes. Mr. Galloway? Yes. Ms. Lapisto Kurtley. Aye. Thank you. Now we will turn to have brief announcements by board members, and our order for today starts with uh Supervisor Lapisto Kirtney. Thank you very much. And other than just reporting on the EDA meeting yesterday, where uh they approved uh giving monies to a um a beekeeper for a mobile beekeeping processing plan, they can actually, or trailer, they can actually go to smaller beekeepers in the area, actually go there so they can process their honey, which saves them time and money and helps uh get more honey and helps the environment. That's it. Thank you. Supervisor Galloway. Thank you, Chair Andrews. I want to acknowledge that it, especially over the last seven to ten days. It's been a particularly difficult or trying time for our public safety officials, uh, both in police, fire, um, and the folks that that uh the emergency response and the all the systems that are in place that to deal with that. I want to speak to one in particular that occurred in the Rio District in Belvedere that bordered um the Fairview Synod Swim and Tennis Club.

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