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HomeMy WebLinkAbout20031001actions ACTIONS Board of Supervisors Meeting of October 1, 2003 October 2, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:03 a.m., by the Chairman. All BOS members except Mr. Perkins was present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters not Listed on the Agenda. • Tom Loach, a resident of Crozet, requested the Board not support the next Neighborhood Master Plan until the infrastructure is in place and adequate funding is available to meet the needs of Crozet. 5. Presentation by Thomas Jefferson HOME Consortium. • Certificate of Appreciation presented to Board. 6.2. Proclamation recognizing October 2003 as Domestic Violence Awareness Month. • ADOPTED the attached proclamation and presented to Crystal Whitlow. (Attachment 1) 6.3. Resolution to Confirm the Declaration of a Local Emergency in Albemarle County. • ADOPTED the attached resolution. Clerk: Forward resolution to Kaye Harden. (Attachment 2) 6.4. Adoption of Whitewood Village Community Center Anti-displacement/relocation Plan. • ADOPTED the attached Plan. Clerk: Forward signed form to Ron White after County Executive’s signature. (Attachment 3) 6.5. Adoption and Posting of Section 504, Non- discrimination Based on Handicaps, Adoption of Grievance Procedure and Designation of Ron L. White as Section 504 Coordinator. • ADOPTED and APPROVED posting of the public notice; ADOPTED the attached grievance procedure specifically for the project and DESIGNATED Ron White as the Section 504 Coordinator. Clerk: Forward adopted Section 504 Complaint Procedure to Ron White. (Attachment 4) Ron White: Proceed as directed. 6.6. Taco Del Rey Restaurant Dance Hall Permit Request. Removed from agenda. 6.7. Authorize Chairman to execute Mutual Aid Agreement between Albemarle County and Buckingham County. • AUTHORIZED Chairman to execute agreement. Clerk: Forward signed agreement to County Attorney’s office. 7a. Transportation Matters Not Listed on the Agenda. Jim Bryan • In reference to the recent resolution adopted by the Board requesting VDOT to expedite the public hearing on the Meadow Creek Parkway, VDOT designers have indicated that they need four months to do the design which puts the hearing in March 2004. • Indicated that he was proud of the job his Superintendents and crew members did during Clerk: Forward comments to Jim Bryan. -Page 1- Hurricane Isabel. Sally Thomas • There is a provision in the State Code where local government can declare a certain area to be a particularly significant law enforcement area for speed limit violations and fine speeders $200. Whippoorwill Hollow is posted for 25 mph, but speed travel is much higher. She asked what the process would be to designate this as a special enforcement area. 8. Discussion: Regional and Local Economic Development Plans. • ADOPTED proposed Regional Economic Development Policy developed through the TJPDC. Clerk: Communicate adoption to Harrison Rue. 9. Discussion: Next Neighborhood Master Plan. • APPROVED Neighborhoods 1 & 2 and Hollymead Piney Mountain as the next area to master plan, and ENDORSED the proposed scope of work so that staff can begin the process for estimating cost, develop an RFP and advertise in early Spring for a consultant for the next master plan. • SCHEDULE for public input on November 5th a time for property owners in the affected areas an opportunity to comment on how they would like the County to proceed with this area. Clerk: Schedule on the November 5th agenda. 10. End of Year FY 2002-03 General Fund Preliminary Financial Report. • ACCEPTED the Preliminary FY 2003 end-of-the- year Financial Report and RECOMMENDED that the current uncommitted, obligated fund balance of $1.635 million be retained as a balance in the General Fund pending completion of the FY 2003 audit, the publication of the Governor’s decision on changes to the FY 2004-05 Biennium State Budget and availability of more actual FY 2004 revenue collection history. Office of Management and Budget: Proceed as directed. 11. Proposed FY 2004 Budget Amendment. • APPROVED the proposed FY 2004 budget amend- ment in the amount of $19,730,223.14 and APPROVED Appropriations #2004016, #2004017, #2004018, #2004019, #2004020, #2004021, #2004022 and #2004023 to provide funds for various General Government and School programs. Clerk: Forward signed appropriation forms to Melvin Breeden and copy appropriate individuals. 12. The proposed issuance of general obligation school bonds of Albemarle County in the estimated maximum principal amount of $7,205,000. • ADOPTED the attached Resolution. Clerk: Forward signed resolution to Brenda Neitz. 13. Board to Board Presentation - School Board Chairman. • RECEIVED. 14. Jaunt Annual Report by Donna Shaunessey • RECEIVED. 15. JABA Presentation of 2020 Community Plan on Aging, by April Holmes and Ben Walter. -Page 2- • RECEIVED. 16. Closed Session: Personnel Matters. • At 12:16 p.m., the Board went into closed session. 17. Certify Closed Session. • At 2:15 p.m., the Board reconvened into open session in the Fourth Floor Conference Room and certified the closed session. 18. Appointments. • APPOINTED Babette Thorpe to the Public Recreational Facilities Authority, with said term to expire on December 31, 2006. • REAPPOINTED David Carr, Jr., Bonnie Samuel, Diana Strickler, Charles Toms, Jr., and Dr. Martin Schulman to the Route 250 West Task Force, with said terms to expire on September 5, 2006. • REAPPOINTED Montie Pace to the Land Use Tax Advisory Board, with said tem to expire on September 1, 2005. Clerk: Prepare appointment letters, update Boards and Commissions book and notify appropriate persons. 19. Cancel October 8, 2003 Board meeting. • CANCELED the October 8th meeting and RESCHEDULED public hearing items for October 15th and October 22nd. 20. From the Board: Matters Not Listed on The Agenda. Sally Thomas • Updated the Board on her recent visit to Pacific County in Washington State. They gave her a key to the City of Long Beach and a picture of the Pacific County Office Building. .Bob Tucker • Introduced Chris Bever, recently hired in OMB. • Suggested Bill Brent review the City/ACSA cost allocation for future water supply with the Board on November 5th. Lindsay Dorrier • Mentioned a letter from John Casteen regarding dogs. Mr. Tucker responded that the County is doing all it can legally do. Larry Davis • Updated Board members on the status of the proffers relating to Albemarle Place. County Attorney: Provide further update on proffers at the October 15th Board meeting. 21. Adjourn to October 15, 2003. • The meeting was adjourned at 3:18 p.m. /ewc Attachment 1 – Proclamation recognizing Domestic Violence Awareness Month Attachment 2 – Resolution Confirming Declaration of Local Emergency Attachment 3 – Residential Anti-Displacement and Relocation Assistance Plan Attachment 4 – Section 504 Complaint Procedure Attachment 5 – VPSA Resolution -Page 3- Attachment 1 DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, violence against women, children and men continues to become more prevalent as a social problem in our society. In 2002, in the Commonwealth of Virginia, domestic violence programs offered safe shelter to 3,583 families; 24-hour intervention and referrals in response to 52,449 hotline calls; 67,895 hours of counseling and advocacy to children; and, 103,882 hours of family violence advocacy services to adults; and WHEREAS, in 2002, in the greater Charlottesville Community, the Shelter for Help in Emergency offered safe shelter to 111 families; 24-hour intervention and referrals in response to 766 hotline calls; 307 hours of counseling and advocacy to children; and, 1,550 hours of family violence advocacy services to adults; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers; and supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse. The impact of domestic violence is wide-ranging, directly affecting women and children and society as a whole; and WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who of ten suffer grave financial, physical and psychological losses; and WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home: NOW THEREFORE, in recognition of the important work being done by domestic violence programs, I, Lindsay G. Dorrier, Jr., Chairman of the Board of Supervisors of Albemarle County, Virginia, do hereby proclaim the month of October, 2003 as DOMESTIC VIOLENCE AWARENESS MONTH and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency to work toward the elimination of personal and institutional violence against women, children and men. Signed and sealed this 1st day of October, 2003. -Page 4- Attachment 2 RESOLUTION TO CONFIRM THE DECLARATION OF A LOCAL EMERGENCY IN ALBEMARLE COUNTY WHEREAS, Pursuant to Section 44-146.21 of the Code of Virginia, the Albemarle County Director of Emergency Services declared on September 17, 2003 that a local emergency existed throughout Albemarle County because of the imminent threat of heavy rain and winds of Hurricane Isabel; and WHEREAS, the Board of Supervisors finds that the declaration of the Director of Emergency Services was appropriate and necessary and continues to be appropriate and necessary to address the threat and actual damage caused by the heavy rain and winds of Hurricane Isabel and to prevent or alleviate the damage, loss, hardship, and suffering threatened or caused thereby. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby confirms the Declaration of Local Emergency in Albemarle County proclaimed by the Albemarle County Director of Emergency Services on September 17, 2003; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this emergency the powers, functions, and duties of the Director of Emergency Services and the Emergency Services organizations of Albemarle County shall be those prescribed by state law and the ordinances, resolutions, and approved plans of Albemarle County in order to respond to and mitigate the effects of said emergency. -Page 5- Attachment 3 COUNTY OF ALBEMARLE Residential Anti-Displacement and Relocation Assistance Plan The County Of Albemarle will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County Of Albemarle will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: (1) A description of the proposed assisted activity; (2) The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; (3) A time schedule for the commencement and completion of the demolition or conversion; (4) The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; (5) The source of funding and a time schedule for the provision of replacement dwelling units; (6) The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and (7) Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate- income households in the jurisdiction. The County Of Albemarle will provide relocation assistance to each low/moderate – income household displace by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The County Of Albemarle’s FY03 project includes the following activities: Construction of a 3,295 square foot community center in the Whitewood Village Apartment Complex. The facility will be constructed on a vacant lot adjacent to two existing apartment buildings and will not result in demolition or relocation. The County Of Albemarle will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less. -Page 6- Attachment 4 SECTION 504 COMPLAINT PROCEDURE The County of Albemarle has adopted the following complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development’s (HUD) 24CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that “no otherwise qualified handicapped individual . . . shall solely be reason of his handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . .” Complaints regarding alleged discrimination in the implementation of Community Development Block Grant funded programs should be addressed to: Ronnie L. White, Chief of Housing, 401 McIntire Road, Charlottesville, VA 22902, who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally containing the name and address of the person filing it and briefly describing the alleged violation of the regulations. 2. A complaint should be filed within fifteen (15) days after the complainant becomes aware of the alleged violation. Alleged violations occurring prior to the adoption of this complaint procedure will be handled on a case-by-case basis. 3. An investigation, as may be appropriate, shall follow the filing of a complaint. The investigation will be conducted by the designated Section 504 Coordinator in a manner that is informal but thorough allowing opportunities for all parties to submit evidence relative to the complaint. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Ronnie L. White and a copy forwarded to the complainant no later than forty-five (45) days after its filing. 5. The Section 504 Coordinator shall maintain the files and records of the County of Albemarle related to the complaints filed. 6. The complainant can request reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) days and addressed to Roxanne White, Assistant County Executive, 401 McIntire Road, Charlottesville, VA 22902. 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of a Section 504 complaint with HUD. Utilization of this complaint procedure is not a prerequisite to the pursuit of other remedies. 8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the County of Albemarle complies with Section 504 and HUD regulations. -Page 7- Attachment 5 At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 1st day of October, 2003, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: David P. Boweman; Lindsay G. Dorrier, Jr.; Charles S. Martin; Dennis S. Rooker and Sally H. Thomas. ABSENT: Walter F. Perkins. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE David Bowerman Aye Lindsay Dorrier Aye Charles Martin Aye Dennis Rooker Aye Sally Thomas Aye RESOLUTION RATIFYING THE ISSUANCE AND SALE OF GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN THE MAXIMUM PRINCIPAL AMOUNT OF $7,205,000, TO FINANCE A PROGRAM OF CAPITAL IMPROVEMENTS TO THE COUNTY’S PUBLIC SCHOOLS AND PROVIDING FINAL AUTHORIZATION FOR SUCH ISSUANCE WHEREAS, on September 10, 2003, the Board of Supervisors (the “Board”) of the County of Albemarle, Virginia (the “County”), adopted a resolution entitled “Resolution Authorizing The Issuance Of General Obligation School Bonds, Series 2003A, Of The County Of Albemarle, Virginia, In A Principal Amount Not To Exceed $7,205,000 To Be Sold To The Virginia Public School Authority And Providing For The Form And Details Thereof” (the “Resolution”); WHEREAS, after publication of the requisite notice in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended, the Board has held on the date hereof a public hearing on the proposed issuance and sale of general obligation school bonds of the County in the estimated maximum principal amount of $7,205,000 (the “Bonds”); WHEREAS, the Board desires to ratify and amend the pricing parameters of the Bonds contained in the Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Ratification of Resolution. The Board hereby ratifies all pricing parameters of the Bonds and authorizes the issuance and sale of such Bonds in accordance with the provisions of the Resolution. 2. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of the Resolution and in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates -Page 8- -Page 9- and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 3. Effective Date. This Resolution shall take effect immediately.