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Record of Proceedings

Albemarle County Board of Supervisors Meeting - August 21, 2024

Board of Supervisors — Wednesday, August 21, 2024
BodyAlbemarle County, Virginia
SessionBoard of Supervisors
DateWednesday, August 21, 2024
StatusFILED
Video Record
0:00 / 8:20:01

Original source
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0:01

Okay.

0:06

Good afternoon.

0:08

If you please take your seats as quickly as you can, we'll start in tonight.

0:13

I'm pleased to this afternoon.

0:15

I'm pleased to call to order this regular meeting of the Albemarle County Board of Supervisors this 21st day of August, 1 p.m.

0:22

in Lane Auditorium.

0:23

I'll note at the day as we have Supervisor Lapisto Kirtley of the Ravanna 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.

0:38

A quorum is present, and Supervisor Mike Pruitt of the Scottsville District is standing by with a request to participate remotely in accordance with the applicable board rules of procedure rule number 8B1D enacted pursuant to the Freedom of Information Act.

0:52

Mr.

0:53

Pruitt, are you there?

0:54

And if so, please give your location and reason for joining remotely today.

1:00

Yes, I am here.

1:01

Um and if everyone can hear me, I'm in uh the township of Chautauqua, New York, and I am here on personal business and would like to join remotely.

1:10

Thank you.

1:11

Uh board, do we have a motion to admit Supervisor Pruitt?

1:14

Remotely.

1:14

So moved.

1:15

Second.

1:16

Second.

1:16

We have a motion from Supervisor McKeel, second from Supervisor Malik without objection, if the clerk will call the roll.

1:22

Mr.

1:22

Galloway?

1:23

Yes.

1:23

Ms.

1:24

Lapisa Kurtley.

1:25

I, Ms.

1:25

Malik.

1:26

Yes.

1:26

Ms.

1:27

McKeel?

1:27

Yes.

1:28

Mr.

1:28

Andrews.

1:29

Yes.

1:30

Welcome, Mr.

1:31

Pruitt.

1:31

To paraphrase Jerry McGuire, you you complete us.

1:34

So we're also joined today by our county executive, Mr.

1:40

Jeff Richardson and our county attorney, Mr.

1:42

Steve Rosenberg, and our clerk, Miss Claudette Borgerson, and Senior Deputy Clerk, Mr.

1:46

Travis Morris.

1:48

Also, let me please welcome Albama County Police Officers present, Master Police Officers Eric Ketchum, Dana Reeves.

1:55

We thank you for your service today and the work you and your colleagues do every day throughout the county for our safety and security.

2:02

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

2:28

Thank you.

2:28

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

2:50

Board, our first item is adoption of the final agenda, and this is uh to be uh amended by adding to number 21 from the board an authorization to sign a letter of support for the botanical garden of the Piedmont nomination for the National Medal for Museum and Library Service.

3:08

Uh if they're otherwise we're okay, we have a motion to uh adopt the agenda as amended.

3:14

So moved.

3:15

Second.

3:16

We have a motion from Supervisor Malik, a second from Supervisor McKeel.

3:19

Without objection, if the court will call the roll.

3:21

Mr.

3:21

Galloway?

3:22

Yes.

3:22

Ms.

3:22

Lapista Kurtley.

3:23

Aye.

3:24

Ms.

3:24

Malik.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████18%
Voting Procedures█████████████████17%
Procedural███████7%
Public Safety███████7%
Strategic Planning███████7%
Public Engagement███████7%
Public Hearing███████7%
Community Engagement█████5%
Personnel Matters████4%
Summary of Proceedings

Albemarle County Board of Supervisors Meeting - August 21, 2024

The Albemarle County Board of Supervisors held a regular meeting on Wednesday, August 21, 2024, at 1:00 PM in Lane Auditorium, with a recess for a closed meeting and public hearings resuming at 6:00 PM. The meeting included a recognition of retiring County Attorney Steve Rosenberg, presentations on ranked choice voting and zoning modernization, the first annual Strategic Plan Execution Analysis and Reporting (SPEAR) report, and five public hearings on a budget amendment, special use permits, and a cost recovery ordinance.

Consent Calendar

  • Approved unanimously (6-0): Minutes from November 2, 2022; FY26 Operating and Capital Budget Calendar; Solar Power Purchase Agreement to lease roof of 5th Street County Office Building; Construction Easement for Southwood Community Development Block Grant Phase 2; Resolution declaring local emergency ended for Tropical Storm Debby. Informational items included the Land Use & Environmental Planning Committee Report and Facilities and Environmental Services Quarterly Update.

Proclamations & Recognitions

  • Resolution of Appreciation for Steve Rosenberg: The board unanimously adopted a resolution honoring retiring County Attorney Steve Rosenberg for his 27 years of public service, including two years with Albemarle County. All six supervisors, County Executive Jeff Richardson, and Deputy County Attorney Andy Herrick delivered remarks. Rosenberg expressed gratitude to the board, staff, and his wife Catherine.

Public Comments & Testimony (Afternoon)

  • Donna Price (former Supervisor, Scottsville District): Honored Steve Rosenberg, calling him "an attorney of the highest order."
  • Nancy Muir (White Hall District): Opposed ranked choice voting (RCV), citing voter confusion, decreased participation, and bans in multiple states.
  • Karen Jewel Nielsen (White Hall District): Opposed RCV, arguing it adds confusion and distrust, and is unnecessary due to few candidates in Albemarle.
  • John Linder (Rivanna District): Opposed RCV, stating the current system is simple and should not be fixed.
  • Susan Perry: Supported RCV, saying it opens democracy and ensures majority rule.
  • Eli Weiner (Jack Jouett District, President of CERF): Supported RCV, citing data that 88% of voters in Arlington found it easy, and that it encourages competition.
  • Christopher Seaman (White Hall District, Law Professor): Supported RCV, noting its use in Australia, India, Ireland, and Alaska/Maine, and citing a study showing 17% increase in turnout.
  • Karen Yates (White Hall District, former League of Women Voters president): Supported RCV on behalf of the League.
  • Bruce Kurtley (Chair, Albemarle County Democratic Party): Supported RCV, arguing it encourages dialogue and civility, and that costs should be weighed against benefits.

Public Comments & Testimony (Evening)

  • Jim Farmer (Rivanna District): Opposed RCV, citing potential loss of trust and confusion.
  • Doug Earle: Suggested the county conduct a professional online survey to gauge voter support for RCV before deciding.
  • Randy Zacherson (Samuel Miller District): Opposed RCV, calling it "crazy" and asking what problem it solves.
  • Judy Slussell (Rio District, Rio 29 CAC member): Expressed concern about construction truck traffic from Belvedere development on Dunlora roads, asking for enforcement of no-through truck signs.
  • Kent Slussell (Rio District): Criticized clear-cutting in Belvedere and other developments, urging limits to preserve trees and prevent environmental damage.

Discussion Items

  • Ranked Choice Voting (2:00 PM): General Registrar Lauren Eddy presented cost estimates: $13,626 initial software upgrade, $7,200 annual fee, $3,000 for state-provided tabulation software, $6,000 per election for integration testing, and at least $34,000 for voter education mailings. An additional staff member would be needed. Electoral Board Chair Sylvia Flood and board member Dr. Claire Volwheeler expressed concerns about complexity, delayed results, and voter confusion. Board members asked clarifying questions. Supervisor Pruitt criticized the presentation as partisan. Third board member Jim Heilman noted a difference of opinion within the board about the role of consultation.
  • Zoning Modernization Phase 1 Article Review (2:45 PM): Senior Planner Lea Brumfield presented drafted articles on legal foundation (Article 1), administration (Article 2), application process (Article 3), and nonconformities (Article 10). Changes include simplifying language, removing quoted state code, adding process diagrams, and codifying inactive application withdrawal after six months. Board members provided feedback on community meeting timing, 90-day resubmission period, consistency of calendar vs. business days, and manufactured home regulations. Staff noted that adoption will occur at the end of all phases.
  • Strategic Plan Execution Analysis and Reporting (SPEAR) (3:45 PM): COO Kristy Shifflett and Performance Analyst Gabriel Giacaloni presented the first annual report covering FY24 metrics across six goals. Highlights: 4.5% reduction in priority one police response times, 76 climate actions initiated (vs. 68 target), 3,051 affordable housing units created (94% of target), 100% of transit funding milestones met. The report will be used to improve accountability and inform budget decisions. Board members praised the report and suggested sharing with CACs.
  • Cost Recovery Ordinance (Public Hearing): Senior Assistant County Attorney Amanda Farley presented a proposed ordinance to recover costs (up to $250 without itemization, or $2,500 with minute-by-minute accounting) from individuals convicted of terrorism hoax, bomb threats, or false emergency communications. Commonwealth Attorney Jim Hingley argued against a mandatory penalty, urging discretion for the court. The board deferred action, directing staff to instead pursue legislative changes to increase the recovery amount and clarify the enabling statute.

Key Outcomes

  • Approved Unanimously (6-0): Consent agenda items; Resolution of Appreciation for Steve Rosenberg; FY25 Budget Amendment ($14.3 million); SP202300018 Kappa Sigma International Headquarters (with conditions including base elevation no more than 528 feet); SP202400008 Crown Orchard Solar (1.5-acre facility, with decommissioning plan); SP202400011 The Gray restaurant (2,100 sq ft, limited to that size); Letter of support for Botanical Garden of the Piedmont; Letter of support for NAACP event.
  • Deferred: Cost Recovery Ordinance – board consensus to prioritize legislative agenda for increased recovery amounts rather than adopting the ordinance as drafted.
  • Next Meeting: September 4, 2024, at 1:00 PM in Lane Auditorium.

Meeting Transcript

Okay. Good afternoon. If you please take your seats as quickly as you can, we'll start in tonight. I'm pleased to this afternoon. I'm pleased to call to order this regular meeting of the Albemarle County Board of Supervisors this 21st day of August, 1 p.m. in Lane Auditorium. I'll note at the day as we have Supervisor Lapisto Kirtley of the Ravanna 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, and Supervisor Mike Pruitt of the Scottsville District is standing by with a request to participate remotely in accordance with the applicable board rules of procedure rule number 8B1D enacted pursuant to the Freedom of Information Act. Mr. Pruitt, are you there? And if so, please give your location and reason for joining remotely today. Yes, I am here. Um and if everyone can hear me, I'm in uh the township of Chautauqua, New York, and I am here on personal business and would like to join remotely. Thank you. Uh board, do we have a motion to admit Supervisor Pruitt? Remotely. So moved. Second. Second. We have a motion from Supervisor McKeel, second from Supervisor Malik without objection, if the clerk will call the roll. Mr. Galloway? Yes. Ms. Lapisa Kurtley. I, Ms. Malik. Yes. Ms. McKeel? Yes. Mr. Andrews. Yes. Welcome, Mr. Pruitt. To paraphrase Jerry McGuire, you you complete us. So we're also joined today by our county executive, Mr. Jeff Richardson and our county attorney, Mr. Steve Rosenberg, and our clerk, Miss Claudette Borgerson, and Senior Deputy Clerk, Mr. Travis Morris. Also, let me please welcome Albama County Police Officers present, Master Police Officers Eric Ketchum, Dana Reeves. We thank you for your service today and the work you and your colleagues do every day throughout the county for our safety and security. If all present could now stand as you are able and join us in the Pledge of Allegiance. Thank you. And if you'll now join us for a moment of silence. Board, our first item is adoption of the final agenda, and this is uh to be uh amended by adding to number 21 from the board an authorization to sign a letter of support for the botanical garden of the Piedmont nomination for the National Medal for Museum and Library Service. Uh if they're otherwise we're okay, we have a motion to uh adopt the agenda as amended. So moved. Second.

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