Albemarle County Board of Supervisors Meeting - July 17, 2024

A lengthy meeting spanning from 1:00 PM to after 9:00 PM, the Board addressed several work sessions on funding processes and the comprehensive plan, heard public concerns about a fill area's truck traffic, and conducted four public hearings including three unanimous approvals and a deferred zoning text amendment for wireless facilities. Key decisions included approval of outside agency funding process changes, consensus on the comprehensive plan direction, approval of school enrollment increases, and a deferral of the wireless ordinance to September 4, 2024, with staff directed to make specific revisions.

Consent Calendar

• Approved by recorded vote (6-0):
  • Minutes of September 21, 2022 and October 5, 2022
  • Fiscal Year 2024 Appropriations
  • Fiscal Year 2024 Virginia Department of Health Local Government Agreement
  • Schedule a Public Hearing for the Cost Recovery Ordinance
  • Schedule a Public Hearing for Compensation Increase for Planning Commission and Other Appointed Boards
  • Secondary Six-Year Plan Hard-Surfacing Rural Roads Resolution
  • Proclamation Recognizing the 50th Anniversary of Albemarle High School’s Graduation Class of 1974
  • Items for information: Rivanna Water and Sewer Authority Quarterly Report, Albemarle County Service Authority Quarterly Report, VDOT Monthly Report (July) 2024.

Public Comments & Testimony

First Session (1:00 PM) – Six speakers addressed the Board on matters not listed for public hearing:

• Marta Keene (Rio District, CEO of JAUNT) – Expressed gratitude for county support and shared stories from JAUNT’s respite and enrichment center and home-delivered meals program, highlighting the impact of funding.
• Rob McGuinness (representing Piedmont Environmental Council) – Recommended robust community engagement on the AC44 Comprehensive Plan update, particularly before a draft is published. Urged clear communication on the status of previously developed goals and objectives and early engagement on the growth management policy.
• Randy Fleetman (Scottsville District) – Stressed the importance of integrating climate change goals into the comprehensive plan and called for intensive transparency and public comment opportunities before a draft is finalized.
• Jean Hyatt (Preservation Piedmont) – Requested that the county share with the community by the end of July any changes to previously determined goals and objectives for AC44, and urged continued robust engagement throughout the process, especially regarding activity centers, rural areas, and historic areas.
• Peggy Gilgas (Jack Jouett District) – Expressed concern that the proposed reorganization of AC44 (as presented to the Planning Commission) would cut significant content without public input. Stated that climate protection has been substituted with resilience and urged the Board to reinforce attention to climate action and equity.
• Christine Putnam (Scottsville District) – Called for transparency on which aspects of AC44 goals and objectives remain unchanged, revised, or eliminated. Urged growth management policy to be the center of the plan and asked the Board to be steadfast in climate and equity commitments, noting the potential negative impact of the Rivanna Futures project on climate goals.

Second Session (6:00 PM – After Closed Meeting) – Six speakers addressed concerns about the SE202200068 Fill Area (dump truck traffic):

• Kathy Erskine (White Hall District, Earlysville Forest) – Stated that the fill exception is disrupting hundreds of residents for one landowner. Reported noise up to 93 decibels, unsafe walking conditions, and asked the Board to enforce the 10 truck limit and address violations.
• William Erskine (White Hall District) – Presented a video recorded on July 10 showing dump trucks passing through Earlysville Forest, highlighting the disruption.
• Sam Jan Angeli (White Hall District) – Argued the county lacks capacity to monitor violations; cited conflicting information about project duration (one-year limit vs. extended operation); noted violated conditions requiring VDOT approval; and stated the needs of the many outweigh the few.
• Gary Green (White Hall District) – Reported multiple pre-7:30 AM and post-6:00 PM violations, measured 95 decibels (vs. normal 45 dB), and presented photos showing contents including concrete and rocks, suggesting non-compliance with clean earth fill code. Characterized Board members' previous comments about the issue as offensive.
• James Asher (White Hall District) – Thanked the Board for their service but expressed disbelief that the permit was approved, describing living in a construction zone with constant dump truck traffic. Asked the Board to reconsider and vote again.
• Jacob Thadethill (White Hall District) – Reported a truck nearly hitting him while walking, described over 100 truck passings daily per resident, and proposed coordination with the sheriff and VDOT for monitoring cameras and amending hours to protect children at bus stops.
• Genevieve Blair (White Hall District) – Expressed concern about the blind corner near a school bus stop, trucks speeding, and the need for the county to enforce 10 truck trips per day rather than 10 trucks with unlimited trips.
• Edwin Mortlock (White Hall District) – Recalled raising safety issues nine months ago and being dismissed; described a near-miss between a dump truck and school bus; stated the neighborhood was sold as a quiet community, not an industrial zone.

Public Hearing Testimony (ZTA202300002) – One speaker:

• Valerie Long (representing wireless carriers) – Recommended the Board adopt federal 6409 regulations. Stated that the proposed definitions for concealment elements and small cell facilities are inconsistent with federal law and preempted. Urged removal of historic districts and scenic byways from avoidance areas.

Discussion Items

Outside Agency Funding Process (ABRT) Changes – Kaki Dimock, Chief Human Services Officer, presented proposed changes to the Agency Budget Review Team (ABRT) process for FY26 and FY27.

• Proposal: Rename to “Albemarle County Human Services Funding Process”; improve website descriptions; prioritize applications providing basic needs, safety net services, or services to vulnerable populations (aligning with county strategic goals); create an abbreviated application process for FY26; and develop enhanced compliance reviews on a three-year cycle for FY27. Staff recommended the changes over two years to reduce shock to nonprofits.
• Board reaction: Strong support. Supervisor Galloway highlighted cost avoidance and program effectiveness. Supervisor LaPisto-Kirtley agreed with triage criteria. Supervisor Mallek stressed asking clear questions, evaluating staff turnover and executive pay, and focusing on effectiveness for county residents. The Board gave consensus to proceed with the proposed framework.
• Key Outcomes: Board consensus to adopt the updated framework and prioritize safety net and vulnerable population services for FY26. Staff to refine criteria and proceed with the technical assistance in Fall 2024.

AC44 Comprehensive Plan Update – Tanya Schwartzendruber, Planning Manager, presented a restructured document format and schedule.

• Proposal: Organize the plan into three parts: guiding principles (green/resilient, welcoming/equitable, connected/accessible, thriving/prosperous); geographic intention (growth management policy differentiating development areas and rural area); and implementation (plan elements, actions, catalyst projects, metrics). Aim to reduce size from ~900 pages to ~300, incorporate feedback, and improve readability.
• Public comments: Several speakers (from the earlier public comment session) expressed concerns about lack of transparency and public engagement during the “pause.” Staff clarified they were researching best practices and no content was cut. Jody Filardo, Community Development Director, assured the Board that all previous feedback is still incorporated and that extensive public engagement will occur.
• Board reaction: Supervisor McKeel appreciated the clarity and focus on simplicity. Supervisor Pruitt asked about public engagement steps—staff confirmed vigorous engagement before a draft is released. Supervisor Galloway emphasized the need to see action items and how the plan will be implemented, noting that the growth management policy is central. Supervisor LaPisto-Kirtley favored a complete draft rather than piecemeal review. Supervisor Mallek expressed concern about oversimplification and losing detailed accountability; urged preservation of key content. Chair Andrews requested a crosswalk mapping old content to new structure. The Board generally supported the direction but stressed that public involvement must continue.
• Key Outcomes: Board consensus to proceed with the restructured plan approach. Staff to develop materials for public engagement and work sessions, and to eventually produce a draft for review. No formal vote taken.

Disposable Plastic Bag Tax Litter Collection Program Update – Cai Mowry, Deputy Chief of Operations, presented a plan to fund litter collection from the plastic bag tax revenue (~$120,000 per year).

• Proposal: A one-year pilot program using a contractor to collect litter on county roads not serviced by existing programs (VDOT, county entrance corridors, Adopt-a-Highway). Prioritize tiered roads based on average daily traffic: Tier 1-2 (over 1,000 ADT) four times per year; Tier 3-4 (under 1,000 ADT) twice per year; winter collections on all county-serviced roads. 65 miles of unserviced roadways identified.
• Board reaction: Supervisor McKeel noted the loss of the jail litter program and asked about including illegal sign removal. Supervisor Pruitt questioned the accuracy of Adopt-a-Highway coverage and suggested including organic waste. Supervisor Galloway supported the plan, requested district-level maps, and discussed enforcement on private business properties. Supervisor LaPisto-Kirtley asked about median maintenance responsibilities. Supervisor Mallek welcomed the winter pickup and vegetation management but noted VDOT and utility issues. The Board was supportive of the pilot.
• Key Outcomes: Board consensus to initiate the one-year pilot program. Staff to provide detailed district maps and proceed with contractor selection.

SE202200068 Fill Area Update – Bart Swoboda, Deputy Director of Community Development, provided a brief refresher on the special exception conditions: hours 7:30 AM – 6:00 PM, maximum 10 trucks per day (not trips), and preferred route on Advanced Mills Road. The fill project is approaching its 4-acre limit (currently 2.5-3 acres). Staff to review concerns and address with property owner.

ZTA202300002 Personal Wireless Service Facilities – Bill Fritz and Chris Musso presented the proposed zoning text amendment to update the wireless ordinance.

• Proposal: Key changes include removing AFDs and clustered facilities from avoidance areas, allowing small cell facilities by right per state code, increasing treetop tower height to 30 feet above reference trees, and removing limits on monopole diameter, antenna size, and antenna arrays.
• Board reaction: Extensive discussion. Supervisor McKeel noted the outdated policy and asked about safety and health concerns. Supervisor Pruitt questioned the tier system and staff capacity for quick turnarounds. Supervisor LaPisto-Kirtley advocated removing all avoidance areas except ridge lines and suggested adding a decommissioning requirement. Supervisor Mallek expressed concern about losing existing protections, particularly in historic districts and scenic byways, and raised issues of preemption by federal law regarding small cell definitions and concealment elements. The Board did not reach consensus on avoidance areas but gave staff initial direction: scenic byways, historic districts, and AFDs should generally not be avoidance areas; ridge lines should remain; biodiversity corridors to be explored; and other minor changes (color determination, tree surveys, tier one language).
• Key Outcomes: Motion to defer action on the zoning text amendment to the September 4, 2024 meeting (6-0). Staff directed to revise the ordinance based on the Board’s guidance and return with a revised draft.

Key Outcomes

• Consent Agenda (6-0): Approved all items as presented.
• Outside Agency Funding Process – Board gave consensus to adopt the restructured framework to prioritize safety net and vulnerable population services; staff to proceed with FY26 implementation.
• AC44 Comprehensive Plan – Board expressed support for the proposed new structure and timeline; staff to develop engagement materials and a draft with continued public involvement.
• Disposable Plastic Bag Tax Litter Program – Board supported the one-year pilot; staff to provide detailed district maps and proceed.
• Tandem Friends School Increased Enrollment (SP202400005) – Approved (6-0) with amended Condition 5 requiring staggered pick-up/drop-off times by 15 minutes or more once enrollment reaches or exceeds 350 students.
• Olivet Preschool Increased Enrollment (SP202400003) – Approved (6-0) for 48 students and extended hours until 2 PM.
• Easements Adjacent to 999 Rio Road East – Approved (6-0) granting utility and grading easements.
• Wireless Facility Zoning Text Amendment (ZTA202300002) – Deferred to September 4, 2024 (6-0) with direction to staff on revisions including avoidance areas, color flexibility, tree survey discretion, and preemption issues.
• Closed Meeting Appointments – Board approved appointments to: Crozet Community Advisory Committee (Kristen Byrd), Jefferson Area Board for Aging (Elizabeth Boyd), Pantops Community Advisory Committee (Kate Kaminski), Piedmont Virginia Community College Board (Patricia Rooney Knowlton, Russell Madison Cummings, Christy Schifflet), and Solid Waste Alternatives Advisory Committee (Jane Mills, Zachary Landsman).