Albemarle County Board of Supervisors Meeting - September 4, 2024

The Albemarle County Board of Supervisors met on September 4, 2024, for a regular first meeting that spanned the afternoon and evening. The board addressed a wide range of topics including a proclamation for National Suicide Prevention Awareness Month, a quarterly report from the School Board, a presentation from United Way, and a significant zoning text amendment regarding personal wireless service facilities. The board also held three public hearings on rezoning, a special use permit amendment, and a jurisdictional area amendment. Numerous votes were taken, including approvals of consent agenda items and unanimous support for most actions, though the cell tower ordinance involved extensive debate and amendments.

Consent Calendar

• Fiscal Year 2024 Appropriations (24-377) – Approved.
• Schedule Public Hearing for Proposed USA Easement under Boulders Road (24-346) – Approved.
• Ragged Mountain Farm RPD (24-400) – Approved.
• Broadway Blueprint Phase 2 Implementation Plan (24-375) – Approved.
• Proclamation Recognizing September 15, 2024 as International Day of Democracy (24-398) – Approved.

Proclamations & Recognitions

• National Suicide Prevention Awareness Month (24-397): Supervisor Bea LaPisto-Kirtley presented the proclamation. Kathy Pales of Moms Demand Action accepted, noting that in 2022 more than 49,400 Americans died by suicide and that gun suicide rates are nearly 12 times higher than in other high-income countries. She emphasized the importance of secure storage and the 988 crisis lifeline.

Public Comments & Testimony

• Morning Session (Item 7): Neil Williamson (Free Enterprise Forum) urged the board to allow residential uses in commercial office space, stating that staff had a resolution of intent since February but no action. He asked if the board considers 100 affordable units a priority.
• Afternoon/Evening Session (Item 16 & during ZTA):
  • Doug Earle (Scottsville) advocated for ranked-choice voting (RCV) and requested the county conduct a public poll via the Engage Albemarle portal to gauge support.
  • Kent Slushel (Rio District) opposed RCV, citing mathematical issues, recount difficulties, and voter confusion, urging the board not to implement it.
  • Judy Slushel (Rio District) reported ongoing construction truck traffic from Belvedere through Dunlora, noting a near-miss head-on collision and ignored “no through truck” signs. She requested enforcement of alternative routes.
  • Phyllis Ripper (White Hall District) supported the cell tower ordinance, saying 50% of the county lacks service and that special use permits deter providers. She stated her farm and neighbors would host a tower.
  • Rob McGuinness (Piedmont Environmental Council) supported including National Register Historic Places within 1,500 feet and mountain protection areas as avoidance zones, but opposed removing historic districts and scenic byways.
  • Genevieve Keller (Preservation Piedmont) opposed removing historic districts, calling the staff recommendation “elitist and exclusionary” because many contributing properties are individually eligible but not listed due to cost.
  • Jean Hyatt (Preservation Piedmont) echoed the call to retain historic district and scenic byway protections.
  • Valerie Long (Williams Mullen, representing wireless applicants) commended the ordinance as a “tremendous improvement” and argued that existing federal review (Section 106) already protects historic and environmental resources, making additional avoidance areas redundant.

Board Announcements & Reports

• Supervisor Ann Mallek announced upcoming events: Crozet Dog Festival (Sept 7), Crozet Fall Arts & Crafts (Oct 12-13), Crozet Trails Crew 5K (Oct 26), Winter Brews Festival (Dec 7), and the 8th annual Veterans Outdoor Day (Sept 22 at Walnut Creek Park).
• Supervisor Diantha McKeel announced Java’s free Wills for Seniors program on Oct 9.
• Supervisor Mike Pruitt highlighted several September events (Loop Deville, Sabroso Festival, Charlottesville Pride) and made a personal statement about his recent marriage and transition. He also raised concerns about the redevelopment of Cavalier Crossing naturally occurring affordable housing, calling it “vulture capitalism” and urging Richmond to allow local rent stabilization tools.
• Supervisor Jim Andrews announced household hazardous waste collection days starting Sept 14.

Presentations

• School Board Quarterly Report (24-394): Chair Judy Le and Vice Chair Dr. Acuff reported:
  • Enrollment slightly up (about +300 students) from projections, though early in the year.
  • 100% of bus routes covered at start of year with a starting salary of $23.56/hr for drivers; still hiring for several positions.
  • SOL pass rates improved: 75% reading (up from 74%, above state average), and gains among Black, Hispanic, economically disadvantaged, and English learner students, but persistent achievement gaps remain.
  • Cell phone policy: piloting Yonder pouches at Walton Middle School; enforcement committee formed.
  • New HMH “Into Reading” literacy curriculum fully implemented this fall; new math curriculum expected next school year.
  • Partnership with Communities in Schools of NOVA to support student needs, attendance, and college/career readiness.
• United Way of Greater Charlottesville (24-396): President & CEO Ravi Respeto presented:
  • Severe infant/toddler child care slot shortage: 929 infants/toddlers and 304 children aged 3-4 without care in Albemarle.
  • United Way will apply for the Head Start grant (150 slots, 40-50 in the county) after MACAA relinquished its grant.
  • The county’s $161,000 early learner scholarship investment serves 10 families; 72% single-parent.
  • Financial Resiliency Task Force: 18 families purchased homes through Habitat Pathways this year.
  • Driving Lives program provides affordable vehicles; a new vehicle repair partnership with Network2Work.
  • Small business grants (county invests $50,000) helped businesses like Alan Shortbread’s product reach Whole Foods.

Discussion Items

• 6316 Estes Lane Homestay (SE202400014) (Action Item at 2:00 p.m.): Senior Planner Lea Brumfield presented a request for a special exception to use an 880 sq ft dwelling as an accessory structure homestay after the owners build a new house. The parcel is 26.87 acres in White Hall. Staff found no adverse impacts. The board approved unanimously.
• Personal Wireless Service Facilities (ZTA202300002) (Action Item with Public Comment at 6:00 p.m.): Development Process Manager Bill Fritz presented the zoning text amendment, with changes since July including removal of scenic highways and historic districts as avoidance areas, and adding mountain protection areas and biodiversity/forest blocks. The board debated options:
  • Historic resources: Option 1 (four National Historic Landmarks within 1,500 ft) vs. Option 2 (65 National Register places).
  • Forest/biodiversity: Option A (large forest blocks map), Option B (forest blocks scoring 4.1 or higher), or Option 3 (mountain protection areas 700+ ft elevation).
  • After straw polling, the board compromised: adopt Option 2 for historic places but freeze the list as of September 4, 2024 (so only currently listed properties are avoidance areas), and adopt forest alternative B with a score of 4.1 or greater. Motion passed 6-0 (Supervisor Galloway joined remotely).

Public Hearings (Evening Session)

• ZMA202300015 – 1928 Scottsville Road: Rezone 1.33 acres from R-1 to R-10 to allow up to eight townhouse units at 6.06 units/acre. Includes proffered road connectivity, sidewalks, open space. Staff recommended approval. Applicant Amy George (RadaBush & Gail) noted earlier plans for 32 units were not feasible due to density limits. The board approved unanimously.
• SP202400016 – Community Christian Academy Modulars: Special use permit amendment to replace a parsonage with a modular building for additional classrooms. No change in enrollment (150 students). Staff recommended approval. The board approved unanimously.
• ACSA202400001 – Roach Jurisdictional Area Amendment: Request to extend sewer service to 4874 Three Notched Road in Crozet (White Hall) due to failed septic. Adjacent to existing line and meets health/safety criteria. Staff recommended approval. The board approved unanimously.

Key Outcomes

• Consent Agenda – Adopted by recorded vote (5-0 in afternoon, with Supervisor Galloway joining remotely later).
• Suicide Prevention Proclamation – Approved 5-0.
• 6316 Estes Lane Homestay – Special exception approved 5-0.
• ZTA202300002 – Adopted as amended with the following specifics:
  • Avoidance area includes parcels within 1,500 feet of a National Register of Historic Places listed as of September 4, 2024, excluding those listed only through a historic district.
  • Avoidance area includes forest blocks on Map Two (from Comprehensive Plan) with a score of 4.1 or greater, plus mountain protection areas (700 ft+ elevation) as per staff recommendation (Option 3).
  • Motion passed 6-0 (all present).
• 1928 Scottsville Road Rezoning – Approved 5-0 (Supervisor Galloway voting yes).
• Community Christian Academy Modulars – Approved 6-0.
• Roach Jurisdictional Area Amendment – Approved 6-0.
• Closed Meeting – The board convened in closed session (1:30 p.m.) to discuss appointments, legal matters (insulin pricing litigation), and attorney employment for Board of Equalization. After reconvening, they certified the closed meeting and approved appointments to multiple committees, a resolution authorizing employment of an attorney for the Board of Equalization, and a resolution authorizing county participation in insulin overpricing lawsuits (each 5-0 with Supervisor Galloway abstaining).
• Future Meetings: Adjourned to September 17, 2024, joint meeting with Charlottesville City Council.

Staff Follow-Up

• Supervisor Ann Mallek requested legal analysis on whether the county’s non-displacement policy for affordable housing can be expanded beyond current authority, particularly in light of the Cavalier Crossing situation.