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HomeMy WebLinkAbout1993-07-21July 21, 1993 (Regular Night Meeting) (Page 1) 00028 . A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 21, 1993, at 7:00 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, Forrest R. Marshall, Jr., and Walter F. Perkins. ABSENT: Mrs. Charlotte Y. Humphris and Mr. Charles S. Martin. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, George R. St. John; 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. Bowerman. 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. Kevin Cox commented that the Clerk's office was doing a good job informing the public of.impending meetings, providing agenda information and public notices. He appreciates the fact that the Clerk's office goes beyond the legal requirements of providing information to the public. At the last Board meeting he credited the County Executive's office with providing this information. Mr. Truby Kegler asked the Board to do whatever it could to make land in the County more available to low income and middle income persons by easing the two-acre and 21-acre lot requirements. Ms. Cynthia Hash presented a statement (copy on file) in opposition to the "T" connector roads for the Meadow Creek Parkway and expressed concerns about how the "T" connector would invite more criminal activity into the neighborhood. Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Bain, seconded by Mr. Marshall to approve Item 5.la and accept the remaining items on the consent agenda for information. A separate motion was taken on Item 5.1. Discussion on individual items are included with that item. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. ABSENT: Mrs. Humphris and Mr. Martin. Item 5.1. Resolution to take roads in Forest Lakes Phase I into the State Secondary System of Highways. Mr. St. John expressed concerns about language in the resolution. The language reading, " ...guarantees a clear and unrestricted right-of-way .... any necessary easements for cuts, spills and drainage .... "is open-ended and he does not feel the Board knows what it is guaranteeing.. He thinks the Board should know at the time it passes a resolution what easements are being guaranteed. This resolution is in a new format approved by the Department of Transportation. Mr. Bain suggested this item be deferred until August 4 to give staff time to work on appropriate language in the resolution. The Board also requested staff to find out VDoT's justification for changing the format of the resolution. Motion was offered by Mr. Bain, seconded by Mr. Marshall, to defer Item 5.1 until August 4, 1993. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. ABSENT: Mrs. Humphris and Mr. Martin. Item 5.la. Set a public hearing for August 11, 1993, on a proposed ordinance to allow the creation of "districts of local significance" or mini- agricultural/forestal districts. The following executive summary was received from Mr. Tucker: "BACKGROUND: For the 1992 legislative session, Albemarle County requested two pieces of legislation to enable the County to rectify some of the perceived inequities in the land-use value taxation program. One was the elimination of land-use value taxation in the growth areas; the other was enabling legislation July 21, 1993 (Regular Night Meeting) (Page 2) 000 8 which would allow the County to create 'districts of local signi- ficance'', sometimes called mini-ag/forestal districts. These two proposed legislative changes were to be complementary, as you know, the growth area legislation did not pass; the mini-ag/ forestal districts did. Although the County received the authority in 1992 to establish mini-ag/forestal districts, a County ordinance was not proposed at the time for two reasons: 1) the initial need for it in the absence of the companion growth area legislation was mute; and 2) the consensus was "a wait and see approach" to determine the future need for these type of districts. DISCUSSION: With the passage of the 1993 legislation authorizing the elimination of land-use value taxation in commercial, indus- trial and planned use zoning districts, having the authority by local ordinance to establish mini-ag/forestal districts may provide an option to the owners currently subject to elimination. Based on State Code, the County may establish a local district program that adheres to the following provisions: A landowner may submit an application for the creation of an ag/forestal district with a minimum of 25 acres. The application must go through the same advertising and public hearing process with the Planning Commis- sion and Board of Supervisors as regular ag/forestal districts, and use the established Ag/forestal Advi- sory Committee. No parcel within the district may be developed to a more intensive use for eight years. Land will automatically qualify for land-use, if it meets the same requirements/criteria for agricultural, forestal or open space use. Upon termination at the owner's request, the property is subject to roll-back taxes, as well as a penalty in the amount equal to two times the taxes determined in the year following the withdrawal. This applies to all property previously in the district. The criteria for the creation of a district are the presence of significant agricultural or forestal lands not now in active farming, the nature and extent of land uses other than active farming within and adja- cent to the proposed district, local development patterns and needs, scenic and historic features, and environmental benefits of preserving the land, and other relevant matters. Although the conditions and restrictions of the mini-ag/forestal district legislation, make it doubtful that many of those affected by the land-use elimination ordinance will wish to take advantage of it, the benefits of having a local district ordinance could apply to both the growth areas and the rural areas. In the growth areas, it would allow the County to preserve small tracts of land that provide open space, scenic, historic and environmental benefits to the urban population. With a twenty-five acre minimum acreage, small parcels of land would be encouraged to remain as green space with the incentive of use-value taxation. In the rural areas, these small districts could benefit the small farmer or landholder who wishes to join an ag/forestal district, but is not able to incorporate into a larger district for geogra- phical reasons. This will also give the County the flexibility to retain or preserve small areas of open space in rural areas that have historical, scenic, or environmental benefits as determined by the Comprehensive Plan. REC0~R4ENDATION: Staff recommends taking the proposed ordinance on the creation of districts of local significance (mini-ag/forestal district) to public hearing on August 11 to be heard in conjunc- tion with the proposed ordinance to eliminate land-use value taxa- tion in certain zoning classifications." By the above shown vote, the Board set a public hearing for August 11, 1993, on a proposed ordinance to allow the creation of "districts of local significance" or mini-agricultural/forestal districts. Item 5.2. Copy of Planning Commission minutes for July 8, 1993, was received for information. July 21, 1993 (Regular Night Meeting) O00~ (Page 3) Item 5.3. Letter dated July 16, 1993, from Mr. Robert W. Tucker, Jr., to Mr. Dan S. Roosevelt, Resident Highway Engineer, re: Route 760 Improve- ments, was received for information. (In his letter, Mr. Tucker asked Mr. Roosevelt to make a brief presentation concerning these improvements at the August 4, 1993 meeting.) Item 5.4. Copy of Certified letter from Mr. James B. Skove, Secretary, Industrial Development Authority of Albemarle County, Virginia, transmitting a copy of Internal Revenue Service Form 8038 which has been filed with the IRS in connection with issuance by the IDA of its $37,345,000 Hospital Refunding Revenue Bonds (Martha Jefferson Hospital), Series 1993, was received for information. Item 5.5. Copy of minutes of the Board of Directors of the Albemarle County Service Authority for May 20 and June 24, 1993, were received for information. Agenda Item No. 6. CPA-93-05. Mill Creek Commercial. Public Hearing to amend the Comprehensive Plan Land Use Map to change the land use designa- tion on approximately seven acres from Neighborhood Service to Medium Density Residential in Neighborhood 4. The area is located on the West side of Route 742 (Avon Street ) between Mill Creek Drive and Southern Parkway and is a part of Mill Creek PUD. Scottsville Dist. (Advertised in the Daily Progress on July 6 and July 13, 1993.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. The purpose of this request is to permit the construction of residential units on the site. The applicant has indicated that the property appears to be unsuitable for commercial use due to the topography. There are certain areas that are steep and would require a great deal of grading for commercial development. The applicant believes that development is more suitable for designation as medium density residential since development consistent with this designation would have a lesser impact on the site than commercial scale development. Mr. Cilimberg said staff opinion is that topography on the site makes the opportunity to fully develop this parcel for commercial use cost prohibi- tive. Also, vehicle trips per day onto Mill Creek Drive are limited due to its present design, and access onto Southern Parkway would be difficult and costly to achieve due to existing topography. Therefore, staff believes that the site is more suitable for residential development. However, staff feels that while the Mill Creek site may not be a prime location for commercial development, it is important to provide adequate commercial services within the Neighborhood 4 area. Staff recommends amending the Comprehensive Plan to change the land use designation on approximately 6.8 acres within the Mill Creek PUD from Neigh- borhood Service to Medium Density Residential. Also, a new commercial area shonld be designated within Neighborhood 4 to replace that lost at Mill Creek. It is recommended that possible areas for future Neighborhood Service designa- tion be undertaken as part of the upcoming review of the Comprehensive Plan. Mr. Cilimberg said the Planning Commission, at its meeting on June 8, 1993, by a vote of six to one, recommended approval of CPA-93-05 to amend the Comprehensive Plan Land Use Map designation from Neighborhood Service to Medium Density Residential. The Chairman opened the public hearing. Ms. Marilyn Gale, of Roudabush & Gale, representing the applicant, said after preparing the site plan and analyzing the site, they realized that access to the site and on-site grading would cause some problems for commer- cial use on the site. There is an existing cross-over on the north side of Southern Parkway which was intended as an access to the site, but if that is used, the entrance road would be 12 to 15 percent in slope, and there is presently a 40 foot difference in elevation from one side of the site to the other side. It seemed to her that residential development could accommodate these sort of slopes much better than commercial development. The property is also adjacent to an already approved section of Mill Creek village homes, and it seems appropriate to have residential adjacent to residential. It also seems more reasonable to look for another site for commercial on the other side of Route 742 where the natural topography better accommodates commercial sites. Mr. Kevin Cox said there are a lot of sites in the County that are zoned commercial and industrial, and are just like this site, i.e., topography, access, etc., making them unbuildable and unusable. He hopes the Board look at these sites during its review of the Comprehensive Plan. There being no other public comments, the public hearing was closed. Mr. Marshall said this property is located in his district. It is his personal opinion that, due to the lay of the land, this property will not be developed as commercial. He, also, does not believe that any of the property in that area will be developed as commercial until a connector road between July 21, 1993 (Regular Night Meeting) (Page 4) ooo Avon Street and Route 20, or a connector to Fifth Street is installed. At such time, he thinks the area may get enough traffic to accommodate commercial use. Mr. Marshall then offered motion, seconded by Mr. Bain to amend the Comprehensive Plan Land Use Map to change the land use designation on approxi- mately 6.8 acres within the Mill Creek PUD from Neighborhood Service to Medium Density Residential in Urban Neighborhood 4. In addition, staff is to look at, during review of the Comprehensive Plan, designating a new commercial area within Neighborhood 4 to replace that lost at Mill Creek. Mr. Bain commented on the large number of residential units located in this area. Mr. Bowerman commented that when the applicant originally requested this designation, it was anticipated that the commercial use would just serve Mill Creek. It was justified at that time that the use would not be a large-type operation. He is concerned that space be found to accommodate this commer- cial use that is being removed. Mr. Marshall commented that other property along the road was looked at and determined that it could be used for commercial. He does not believe the demand warrants commercial designation in this area. Mr. Bain asked if this development is part of Mill Creek or a separate entity. The applicant responded that this is separate from Mill Creek, but the builder for Mill Creek will be building these homes. There being no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. ABSENT: Mrs. Humphris and Mr. Martin. Agenda Item No. 7. ZMA-92-04. Ja-Zan Ltd. Partnership. Public Hearing on a request to rezone 6.7 acres from PUD, Planned Unit Development, to R-6, Residential (proffered). (This area is currently designated Commercial within the Mill Creek PUD.) Property located on the West side of Route 742 (Avon Street) between Mill Creek Drive and Southern Parkway. TMg0C,PsB&F. Scotts- ville Dist. (Advertised in the Daily Progress on July 6 and July 13, 1993.) Mr[ Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent record of the Board. The dwelling units proposed would be consistent with village homes single-family attached units located just to the south. All lots will be restricted to access the new internal roads with a single connection to Mill Creek Drive to serve the site. This request would increase the total number of dwelling units in the Mill Creek PUD from 315 to 327. Mr. Cilimberg said staff has reviewed the submitted plan and can identify no physical factors that prevent development of this site. The sub- mitted plan provides for setbacks, landscaping, lot sizes and lot configura- tion which is similar to the existing Village Homes I, which is adjacent, and Village Homes III, which is located in Mill Creek South. The design for this site is also similar to that for Village Homes II which is adjacent but undeveloped. Staff opinion is that the proposed development is consistent with the adjacent residential development. Staff supports this request and recommends approval of ZMA-92-04 subject to the acceptance of the revised agreements which are identical to the original agreements of the Mill Creek PUD except as noted: Residential7 and industrial, and ccmmcrcia! areas with their attendant open space area shall be located in general accord with the Application Plan as amended by the plan for Tax Map 90C, Parcels B and F titled Mill Creek Villaqe Homes IV dated June 14, 1993. Industrial acreage may increase by not more than two acres as a result of possible realignment of the collector road. Special use permit approval is required for establishment of the day care center. In lieu of day care use, the number of proposed single family detached units lost as a result of final street design, ordinance regulation, or other factors, excluding the desire of the developer, may be added to the number of multi-family units, and located on this site. Preliminary road layout reflects recommendation of County Engineer and Planning staff. The residential street design shall provide for two street connections (including the potential collector road) to Avon Street in the approximate locations shown on the Application Plan. The residential July 21, 1993 (Regular Night Meeting) (Page 5) 0002 S 5o street layout shall employ patterns which shall provide reasonably direct access from all residential areas to both Avon Street intersections, and shall provide at least one connection between the northeast and southwest portions of the site in addition to the potential collector road. Ail roads, with the exception of the potential collector road, shall be built to Virginia Department of Highways and Transportation standards and placed in the Secondary System at the time of development to the residential areas utiliz- ing those roads. Roads within Tax Map 90C, Parcels B and F may be private. 6 o The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date. There shall be no residential entrances onto the collector road, with the exception of public road connections. ........................ ~ .................... ,~.v s~arc fool ~ ...... ~r ~rc~. The maximum number of dwelling units approved under this PUD is 215 327. Mr. Cilimberg said the Planning Commission, at its meeting on July 8, 1993, unanimously recommended approval of ZMA-93-04 subject to the agreements recommended by staff. Mr. Bowerman asked the applicant for comments. Ms. Marilyn Gale, of Roudabush & Gale, representing the applicant, said the plan provides for setbacks from the roadway and landscaping setbacks requested by the staff. The ARB has given preliminary approval of the plan. There are 50 foot setbacks from Route 742 and Southern Parkway, as well as the landscaping easement. The applicant intends to save as many trees as possible, especially along Route 742 so that the impact of the development will be as small as possible. The public hearing was opened. Ms. Karen Strickland, an Earlysville resident, said she was dismayed with the cavalier attitude with which the Comprehensive Plan was just changed. In her opinion the Comprehensive Plan is a sacred document and should be changed for technical error or because some other circumstance changes. There does not appear to be any residents from Mill Creek to offer comments. She was present at the last Board meeting and spoke concerning the situation at Broadus Wood. She asked that the Board consider whether the advertising of this proposal was adequate to inform the citizens. She asked if the Board has considered the impact on the schools that this type development will have and the impact on the recreational areas. She asked if the Board is considering the interests of the citizens as opposed to the developer. There being no other public comments, the public hearing was closed. Mr. Marshall said, in response to Ms. Strickland, Mill Creek has an active homeowners association and he has not heard any objection to this proposal. Mr. Marshall then offered motion, seconded by Mr. Bain, to approve ZMA-92-04 subject to the seven agreements recommended by the Planning Commission. Mr. Bowerman said Ms. Strickland points were well-taken. He believes that the reason the residents of Mill Creek have not become involved in this is because this is a net increase of 12 units and the units are identical to the ones they are located beside and are in two other planned areas. This request does not change the character of the development. He does not think this is a dramatic change. Mr. Tucker commented that adjacent residents to a proposed rezoning are notified of the time and location of public hearings held by the Board and Commission. Mr. Perkins suggested that a larger sign be posted on the property proposed for the rezoning. Mr. Bain said he would like to see more emphasis put on improving notification to property owners. Mr. Cilimberg commented that, in addition to individual property owners, staff also send out notifications to homeowner associations. There being no further discussion, roll was called and the motion carried by the following recorded vote: July 21, 1993 (Regular Night Meeting) (Page 6) AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. ABSENT: Mrs. Humphris and Mr. Martin. (The agreements are set out in full below:) 1. Residential and industrial areas with their attendant open space area shall be located in general accord with the Application Plan as amended by the plan for Tax Map 90C, Parcels B and F titled Mill Creek Village Homes IV dated June 14, 1993. Industrial acreage may increase by not more than two acres as a result of possible realignment of the collector road. Special use permit apprOval is required for establishment of the day care center. In lieu of day care use, the number of proposed single family detached units lost as a result of final street design, ordinance regulation, or other factors, excluding the desire of the developer, may be added to the number of multi-family units, and located on this site. Preliminary road layout reflects recommendation of County Engineer and Planning staff. The residential street design shall provide for two street connections (including the potential collector road) to Avon Street in the approximate locations shown on the Application Plan. The residential street layout shall employ patterns which shall provide reasonably direct access from all residential areas to both Avon Street intersections, and shall provide at least one connection between the northeast and southwest portions of the site in addition to the potential collector road. Ail roads, with the exception of the potential collector road, shall be built to Virginia Department of Highways and Transportation standards and placed in the Secondary System at the time of development to the residential areas utilizing those roads. Roads within Tax Map 90C, Parcels B and F may be private. The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date. There shall be no residential entrances onto the collector road, with the exception of public road connections. The maximum number of dwelling units approved under this PUD is 327. Agenda Item No. 8. Discussion: Comprehensive Plan Review - Public Participation and Coordination with City and University. Mr. Tucker said subsequent to previous Board discussion regarding the upcoming review of the Comprehensive Plan, staff has identified two items for consideration by the Board. First, the use of a random sample public survey that would be the initial basis for public participation in this review process and, second, a joint City/County/University "community visioning" process as a kick-off to respective plan reviews. Mr. Tucker said services for developing, conducting and analyzing a public survey are available from the U.Va. Center for Survey Research and could be completed this fall whether designed solely for the County or as part of a joint survey. Costs to the County are estimated to be under $20,000. Funding is available from carry-over funds in the development department budgets. If the Center for Survey Research is to be engaged in this process for completion in October, the preliminary work needs to commence as soon as possible. The Planning and Coordination Council Technical Committee (PACC-TECH) recently discussed the coordination of respective Comprehensive Plan/Master Plan reviews by the City/County/University. During this discussion, the opportunity to identify community issues through a "community vision" forum was thought to be both timely and appropriate. This concept has been forwarded to PACC for their consideration. Both the City and County Planning Commissions have endorsed the proposal. Mr. Tucker said he has discussed with a consulting firm the possibility of facilitating such a forum and their fees. Mr. Tucker recommended that the Board endorse the use of both a citizen survey and community vision forum to support the Comprehensive Plan review process. Mr. Bain asked if there is sufficient time for the Center for Survey Research to undertake the survey or should it wait until November, after July 21, 1993 (Regular Night Meeting) (Page 7) 00O287 elections. He thinks it is important to take time and put out a good survey. Mr. Cilimberg said it may be necessary to wait until November. Mr. Bowerman said five years ago the Planning Commis-sion recommended this survey be done, but the Board rejected it. He strongly urges that the Board agree to the survey because it allows the opportunity to go to the public, in a random way, to get a better idea of the feelings of the public regarding these items. Mr. Bowerman said he thinks the Board should have an opportunity to review the information that will be included in the survey. Mr. Cilimberg said one of the Commission members brought up the possibi- lity of establishing a committee of the staff, a Board member and a Commission member to work on the survey with the consultants. Mr. Bowerman said he thinks the Commission and Board needs to agree on the general scope of the survey and the items that will be covered, but the actual wording and questions should appropriately be left to the consultant. Mr. Bowerman asked if the Commission has discussed the process it will use. Mr. Cilimberg said staff's intent was to wait and see how the Board felt about doing the survey and the idea of community visioning. Staff is working on some ways to publicize what comprehensive planning is all about so that information can be provided to the public before the Fall. Mr. Cilimberg said the Commission has not gotten into specific details. Mr. Bowerman asked what is being recommended. Mr. Cilimberg said the Commission has discussed using the same format as it used with the last review with the Commission divided up into subcommittees and focusing on certain areas. The Commission is deciding whether it will hold some meetings out in the community. Mr. Marshall said he hopes the Commission takes the meetings out into the community because if not, there will be a certain element of the society left out of the discussions. Mr. Tucker said staff is also attempting to get community input on each growth area, neighborhood, village, community, etc. At this time, it was the consensus of the Board to endorse the use of both a citizen survey and community vision forum to support the Comprehensive Plan review process. The Board indicated its desire to review the information that will be included in the survey. Agenda Item No. 9. Discussion: Schedule Work Session for Presentation of Sverdrup's Recommendation on Meadow Creek Parkway. Mr. Tucker said Sverdrup is nearing completion of its study on the alignments for the Meadow Creek Parkway, Timberwood Parkway and the western extension of the Meadow Creek Parkway. Staff recommends that the Board schedule a joint work session of the Board and Commission to receive the recommendation from Sverdrup. Following some discussion on an appropriate date, it was the consensus of the Board to schedule a work session with the Commission for August 11, 1993. Agenda Item No. 10. Approval of Advanced Allocation for Scottsville Fire Department. Mr. Tucker said several years ago the County established a revolving fund to be used by the ten volunteer fire and rescue companies in the County. This fund, currently funded at $2.0 million, provides the volunteer companies a means of acquiring needed fire-fighting equipment and buildings, interest free, with repayments being deducted from their annual County appropriation. Requests for disbursements from the fund are monitored and approved by the Jefferson Country fire and Rescue Association (JCFRA). Scottsville Volunteer Fire Department has requested, through JCFRA, an advance of $100,000 from the revolving fund to purchase a new tanker truck. Repayment of the loan will be over an eight year period beginning in FY 1994/95. Staff recommends authoriz- ing the County Executive to execute the service agreement. Mr. Marshall said he supports this request and hopes the Board will approve it. There have been some discussions with the ~ounties of Buckingham and Fluvanna about their contributing to Scottsville because of their use of the service. Mr. Tucker said currently Fluvanna County does contribute to the Scotts- ville Fire Department; Buckingham County does not contribute. He wrote a letter to the county administrators in both counties during the budget process last year. Fluvanna County is gradually increasing its participation and within the next year or so, Fluvanna should be contributing its fair share. He is not having any success with Buckingham. Mr. Bowerman asked how many runs go into Buckingham. Mr. Tucker responded, approximately one-third or 20 percent of the calls go into Buckingham. Mr. Marshall suggested this Board send a strong letter to the Buckingham County Board of Supervisors requesting contributions. July 21, 1993 (Regular Night Meeting) (Page 8) O00 S8 Mr. Bowerman said he would be willing to communicate with the Chairman of the Board for Buckingham about the importance of paying for the services provided. It was the consensus of the Board that a letter be sent from the Chair- man to the Chairman of the Buckingham County Board of Supervisors requesting them to pay their fair share of services provided to Buckingham by Albemarle. Motion was then offered by Mr. Marshall, seconded by Mr. Perkins, to authorize the County Executive to execute an agreement (set out below) approving an advanced allocation for Scottsville Fire Department. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. ABSENT: Mrs. Humphris and Mr. Martin. (The agreement is set out in full below:) THIS SERVICE AGREEMENT, made for the purpose of identifica- tion this 27 day of May , 1992, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the "County"), and the SCOTTSVILLE VOLUN- TEER FIRE COMPANY, INC. ("Scottsville"); WITNESSETH: WHEREAS, the County previously has entered into a service agreement with Scottsville, dated October 8, 1987, providing for the withholding of certain sums each year by the County from the County's annual grant to Scottsville, as set forth in said agree- ment, a copy of which is attached hereto as Exhibit A; and WHEREAS, as a result of said agreement, the outstanding indebtedness now totals Sixty Thousand Dollars ($60,000.00); and WHEREAS, Scottsville now desires to receive from the County One Hundred Sixty-two Thousand Four Hundred Thirty-five Dollars ($162,435.00) to be used for the purchase of a new pump truck; and WHEREAS, Scottsville now desires to enter into an agreement consolidating its annual withholding of payments by the County; NOW, THEREFORE, for and in consideration of the operation by Scottsville of a volunteer fire company which will fight fires and protect property and human life from loss or damage by fire and the purchase of a new pump truck during the term of this agree- ment, the County shall pay to Scottsville One Hundred Sixty-two Thousand our Hundred Thirty-five Dollars ($162,435.00), which payment shall be made from the 1992-93 fire fund to be paid in July, 1992. The sum of $20,000.00 shall be withheld from the County's annual grant to Scottsville for the 1992/93 fiscal year. Thereafter, the sum of Twenty-eight Thousand Nine Hundred Nine- teen Dollars ($28,919.00) per year shall be withheld each year from the County's annual grant to Scottsville for a period of seven (7) years, beginning with fiscal year 1993-94 and extending through July, 2000. Thus, at the end of the eighth year, which is the term of this service agreement, a total of Two Hundred Twenty Thousand Four Hundred Thirty-five Dollars ($222,435.00) will have been withheld. This withholding consolidates the balance of all prior advancements as a result of the prior service agreement with Scottsville, dated October 8, 1987. If at any time during the term of this agreement, Scotts- ville is no longer in the business of providing firefighting services, or the pump truck is no longer used for firefighting purposes, Scottsville covenants and agrees that it will convey its interest in the pump truck to the County at no cost to the County so long as the County or its assigns will use the property for firefighting purposes. All covenants set forth in prior agree- ments remain in full force and effect. WITNESS the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA By (Seal) Robert W. Tucker, Jr., County Executive SCOTTSVILLE VOLUNTEER FIRE COMPANY, INC. By (Seal) President Agenda Item No. 11. Approval of Minutes: April 1 and April 8, 1992, February 17, 1993. July 21, 1993 (Regular Night Meeting) (Page 9) Mr. Bain had read the minutes of April 8, 1992 and found them to be in order. Mr. Marshall had read the minutes of April 1, 1992 (pages 34 [#15b] - end) and February 17, 1993, and found them all to be in order. Motion was offered by Mr. Bain, seconded by Mr. Perkins, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bain, Bowerman, Marshall and Perkins. None. Mrs. Humphris and Mr. Martin. Agenda Item No. 12. Other Matters Not Listed on the Agenda from the BOARD. Mr. Perkins said he went and looked at the Preddy Creek property and reviewed the beetle spots. He suggested the Board direct staff to take some steps towards forest management on the property. The Board agreed. Mr. Perkins requested the Board to endorse having staff speed up the public hearing process for an application from Chestnut Grove Church in Earlysville for a day care center which is to be filed in the near future. Last year the church operated a day care center without a permit. Less than 20 children attend the center. The Church is also requesting that the Board reduce the $780 filing fee to $390, which is the fee for six to nine children. Mr. Cilimberg said the Board previously lowered the fee for smaller day care centers. Initially the fee was the same for all day care centers because review by staff is basically the same for all centers. Mr. Bowerman said if staff could track the costs and determine the actually costs, he would be willing to reduce the fee, if it was less. Mr. Cilimberg said staff could certainly track the costs, but he is concerned about the precedent this might set, because anyone could then come in and make the same request. Mr. Bain felt that even though this is a church, it is still a revenue generating facility. He is not inclined to start waiving the fees. The Board indicated that as long as staff could handle it the process could be speeded up, but expressed reluctance to reduce the fee. Mr. Marshall said he had a call from some people who were trying to find the Visitors Center but could not see the sign because of grown up weeds and trees. He asked if staff could do something if it is only to go out and trim the bushes around the sign. Mr. Perkins suggested Piedmont Virginia Community College (PVCC), Monticello and the Chamber of Commerce do some joint effort to make this area more presentable. Mr. Tucker indicated that this is in VDoT's right-of-way and is their responSibility. He will see what can be done. Agenda Item No. 12a. Executive Session: Personnel. At 8:20 p.m., motion was offered by Mr. Bain, seconded by Mr. Marshall, to adjourn into Executive Session under Va. Code Section 2.1-344.A.1. for discussion of personnel matters. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Bain, Bowerman, Marshall and Perkins. None. Mrs. Humphris and Mr. Martin. Agenda Item No. 12b. Certify Executive Session. At 8:40 p.m., the Board reconvened into open session and adopted the following Certification of Executive Session: MOTION: Mr. Bain SECOND: Mr. Perkins MEETING DATE: July 21, 1993 CERTIFICATION OF EXECUTIVE M~mTiNG WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and July 21, 1993 (Regular Night Meeting) (Page 10) 000290 WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Messrs. Bain, Bowerman, Marshall and Perkins. NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING VOTE: Mrs. Humphris and Mr. Martin. ABSENT DURING MEETING: Mrs. Humphris and Mr. Martin. Agenda Item No. 13. Adjourn. With no further business, the meeting was immediately adjourned. CHAIRMAN