Loading...
HomeMy WebLinkAbout20031105actions ACTIONS Board of Supervisors Meeting of November 5, 2003 November 6 , 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:00 a.m., by the Chairman. All BOS members were present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Georgina Smith. 4. From the Public: Matters not Listed on the Agenda. • There was no one 5. Presentation of Certificate. • The chairman presented a certificate to Jan Sprinkle in recognition of her being named Zoning Administrator of the Year for 2003 by the Virginia Association of Zoning Administrators. 6.2. Proclamation recognizing November 8, 2003 as “Community and Regional Planning Day”. • ADOPTED the attached proclamation and presented to Wayne Cilimberg. (Attachment 1) 6.3. Proclamation recognizing November 2003 as “Hunger Awareness Month”. • ADOPTED the attached proclamation. (Attachment 2) 6.4 Adoption of Management Plan and Program Income Plan governing implementation of Community Development Block Grant 03-31 for Whitewood Village Apartments Community Center. • ADOPTED the Plan. Clerk: Forward signed Plan to Ron White after County Executive’s signature. Ron White: Provide Clerk with fully executed copy of the Plan after signed by all parties. 6.5. Adopt Resolution approving the issuance of Industrial Development Authority bonds in an amount not to exceed $1,500,000 for Montessori Community School of Charlottesville. • ADOPTED resolution. Clerk: Forward adopted resolution to McGuireWoods. (Attachment 3) 6.6. Approve County participation in partnership with City of Charlottesville and private donors to build and operate dog park on Piedmont Virginia Community College (PVCC) property. • APPROVED appropriation of $10,000 with funds transferred from Towe Park project. Melvin Breeden: Provide appropriation form for Clerk’s signature. 6.7. Request from the Albemarle County Service Authority for water and sewer service to Scottsville townhouse development on Poplar Spring Road (Route 637) located in Fluvanna County. • APPROVED. Clerk: Forward letter to Bill Brent of Board’s approval. 6.8 Request to schedule public hearing to consider proposed ordinance to amend Albemarle County Code Chapter 2, Administration, regarding regulations governing appointment to the Airport Commission. Clerk: Advertise public hearing. -Page 1- -Page 2- • SET the public hearing for December 3, 2003. 6.9 Request to schedule public hearing to consider proposed ordinance to amend Albemarle County Code Chapter 4, regarding Dangerous/Vicious Dogs. • SET the public hearing for December 3, 2003. Clerk: Advertise public hearing. 6.10 Authorize County Executive to sign and execute contract with Pinnacle Tower Inc., re: Albemarle County Fire/Rescue Tower site. • AUTHORIZED the County Executive to sign and execute the contract with Pinnacle Tower, Inc. Clerk: Forward signed documents to Tom Hanson after County Executive’s signature and request fully executed copy be provided to Clerk. 7a. Transportation Matters Not Listed on the Agenda. Chuck Procter: • Provided an update on VDOT activities to the board. Sally Thomas • Congratulated VDOT for all their hard work on the road improvements caused by Hurricane Isabelle. Dennis Rooker • Asked VDOT to look at paving the shoulders on Garth, Barracks and Earlysville Roads. Lindsay Dorrier • Asked VDOT to look at putting reflectors on the centerline of Route 20 South for more lighting in the dark and when it is raining. Clerk: Forward comments to Jim Bryan. 8. Lewis and Clark Documentary Update, Lee Catlin. • PRESENTED 9. Presentation: TJPDC 2004 Legislative Program, David Blount. • RECEIVED and APPROVED the Draft 2004 TJPDC Legislative Program with the changes made at the Board meeting today November 5, 2003. Clerk: Forward Board’s actions to David Blunt. 10. Commission on Children and Families 2003 Annual Report. • RECEIVED. 11. City/ACSA Cost Allocation for Future Water Supply, Bill Brent. • RECEIVED. Clerk: Schedule presentation by RWSA Chair for January 7th, 2004. 12. Historic Preservation Committee Update. • RECIEVED. 13. Board discussion on proceeding with next Neighborhood Master Plan. • RECEIVED. 14. Quarterly Strategic Plan Progress Report. • RECEIVED. 15. FY04 First Quarter Financial Report. • ACCEPTED the report and APPROVED the initiatives as identified. Melvin Breeden: Proceed as directed and bring back required appropriation requests for Boards approval in December. 16. FY04 Revised and FY05 Estimated General Fund Revenues and Preliminary Budget. • APPROVED the preliminary FY 2004 allocation of local revenues to the Capital Improvement Program. Melvin Breeden: Proceed as directed. -Page 3- 17. FY 2004 Budget Amendment. • APPROVED the FY 2004 Budget Amendment in the amount of $788,599.18 and appropriations #2004024, #2004025, #2004026, #2004027, #2004028, #2004029, #2004030, #2004031, #2004032, #2004033, #2004034, and #2004035. Clerk: Forward signed appropriation forms to Melvin Breeden and copy appropriate persons. 18. An ordinance to amend Chapter 15, Taxation, of the Albemarle County Code. • ADOPTED. Clerk: Forward to County Attorney’s office with copies to Robert Walters and Melvin Breeden. (Attachment 4). 19. An ordinance to amend Chapter 15, Taxation, of the Albemarle County Code, by amending Section 15- 702, Definitions, and Section 15-704, Persons eligible for exemption. • ADOPTED. Clerk: Forward to County Attorney’s office with copies to Melvin Breeden and Robert Walters. (Attachment 5). 20. Closed Session: Personnel Matters. • At 12:28 p.m., the Board went into closed session. 21. Certify Closed Session. • At 2:02 p.m., the Board reconvened into open session and certified the closed session. 22. Appointments. • APPOINTED Jay Fennell to the Acquisition of Conservation Easements Committee (ACE), with said term to expire on August 1, 2006. • APPOINTED Kurt Goodwin to the Charlottesville/Albemarle Airport Authority as the Joint representative, with said term to expire on December 1, 2005. • REAPPOINTED Diane Allen to the Fire Prevention Code of Appeals, with said tem to expire on November 21, 2008. • REAPPOINTED John Lowry to the Industrial Development Authority, with said term to expire January 19, 2008. • REAPPOINTED John Miller to the James River Alcohol Safety Action Program, with said term to expire January 1, 2007. • APPOINTED Chris Gensic as Chair of the Rivanna Solid Waste Authority Citizens Advisory Committee. • REAPPOINTED William Craddock to the Planning Commission to represent the Scottsville District, with said term to expire December 21, 2007. • REAPPOINTED Nathaniel Perkins to the Housing Committee, with said term to expire December 31, 2005. • APPOINTED William Dirickson to the Joint Airport Commission, with said term to expire December 1, 2006. Clerk: Prepare appointment letters, update Boards and Commissions book and notify appropriate persons. 23. SP-03-54. James or Julie Herring (Omnipoint/T- Mobile) (Sign #27). • APPROVED SP-2003-54, by a vote of 6:0, subject to the 19 conditions recommended by the Planning Clerk: Set out Conditions. (Attachment 6). -Page 4- Commission and amended at the Board meeting. 24. SP-03-55. David T. Pastors (Omnipoint/T-Mobile) (Sign #32). • APPROVED SP-2003-55, by a vote of 6:0, subject to the 20 conditions recommended by the Planning Commission and amended at the Board meeting. 25. Cancel November 12, 2003 Board meeting. • CANCELED the November 12, 2003 Board Meeting. 26. From the Board: Matters Not Listed on The Agenda. Sally Thomas • Said the Planning District Commission will hold a meeting on the UNJAM plans on November 20th from 3 p.m. until 9 p.m. Charles Martin • Will update Board Members on Boards and Commissions he has been serving on. 27. Adjourn to November 6, 2003, 4:30 p.m., Joint Meeting with School Board. • The meeting was adjourned at 2:58 p.m. Joint Meeting with School Board on November 6, 2003. 1. Call to Order. Meeting was called to order at 4:35 p.m., by the Chairman. All BOS members were present except Charles Martin. Also present Robert Tucker, Larry Davis and Georgina Smith. 2. Presentation: FY05 Compensation and Medical Insurance Report. • Based upon available state and local revenue, the Board’s APPROVED the following: 1. 2% increase in the Classified Salary Scale. 2. 3% merit pool for Classified staff. 3. 2.8% funding for teacher salary increases (including step) to be distributed across the scale. 4. Continuation of a longevity increase for teachers. Explore a possible longevity step for classified employees. 5. Anticipate a 16% increase in medical plan costs but defer decision until budget development in December/January. • In addition the Boards expressed CONSENSUS on the following recommendations: 6. Teachers-Identify competitive market at all school divisions in Virginia and target market position at top quartile at all steps. 7. Direct staff to identify targeted positions (both Local Government and School Division) for which we recruit outside of our adopted market and evaluate pay to be more competitive and bring Human Resources/OMB: Proceed as directed. -Page 5- recommendations back to Joint Boards. 8. Direct staff to evaluate options addressing cost of living issues and bring recommendations back to Joint Boards. 3. Matters not listed on the Agenda from Board and School Board. • There were none. 4. Adjourn. • The meeting was adjourned at 5:42 p.m. /gas Attachment 1 – Proclamation for “Community and Regional Planning Day” Attachment 2 – Proclamation for “Hunger Awareness Month” Attachment 3 – Resolution approving the issuance of Industrial Development Authority Attachment 4 – Ordinance Attachment 5 – Ordinance Attachment 6 – Planning Commission conditions -Page 6- Attachment 1 PROCLAMATION COMMUNITY AND REGIONAL PLANNING DAY WHEREAS, November 8th of each year has been celebrated as World Town Planning Day in many countries since its inception in 1949; and WHEREAS, the American Institute of Certified Planners (AICP) acting for the 13,000 members of the planning profession in America, a component of the 30,000 member American Planning Association, endorses World Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our settlements and environment and to celebrate American accomplishments in making collective decisions concerning our counties, cities and regions that bring quality and meaning to our lives; and WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the County of Albemarle; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the County of Albemarle and extend our heartfelt thanks for the continued commitment to public service; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Board of Supervisors of Albemarle County, Virginia, do hereby designate November 8, 2003 as COMMUNITY AND REGIONAL PLANNING DAY in the County of Albemarle in conjunction with the worldwide celebration of WORLD TOWN PLANNING DAY. -Page 7- Attachment 2 PROCLAMATION WHEREAS, the Blue Ridge Area Food Bank Network was established in 1981 to help feed hungry people in our community; and WHEREAS, the Food Bank provides food for 18,000 different people each week; and WHEREAS, in 2003 the Food Bank distributed 8.1 million pounds of food, the equivalent of over 6 million meals, to citizens of Albemarle County, nine cities and twenty-four other counties; and WHEREAS, 31 percent of the members of households served by the Food Bank are children under the age of 18, 19 percent are senior citizens, and 40 percent are the working poor; and WHEREAS, for every dollar donated, the Food Bank is able to distribute $17 worth of food, or $1 will provide a meal for a family of five; and WHEREAS, during the month of November many people are thinking of food and the upcoming holidays, and during the holidays is when the demand for food is the greatest and the supply is the lowest; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby recognize the month of NOVEMBER 2003 as HUNGER AWARENESS MONTH and urge all our citizens to commit to increasing awareness and understanding of the faces of hunger, and commit to assist in eliminating it from our community. -Page 8- Attachment 3 RESOLUTION RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Fluvanna County, Virginia (the "Authority") has considered the application of the Montessori Community School of Charlottesville (the "School"), a 501(c)(3) organization not organized exclusively for religious purposes, requesting that the Authority issue its revenue bond in an amount not to exceed $1,500,000 (the "Bond"), which will be used to finance (1) the acquisition of approximately 6.5 acres of land at 1538 Richmond Road, Charlottesville, Virginia on Pantops Mountain and the buildings and improvements thereon on which the School's operations are currently located, (2) the renovation and expansion of the School's academic, office and other facilities on such land, (3) related capital improvements, site improvements and equipment acquisition, and (4) certain costs issuance ("Project"), and has held a public hearing on October 29, 2003; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act") sets forth the procedure for such approval; WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement created by the second locality; WHEREAS, the Project to be financed with proceeds of the Bond is located in Albemarle County, Virginia ("County"), for purposes of this financing, the Authority is issuing the Bond on behalf of the County, and the Board of Supervisors of the County of Albemarle, Virginia ("Board of Supervisors") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board of Supervisors approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board of Supervisors concurs in the resolution of the Authority and approves the issuance of the Bond by the Authority for the benefit of the School, as required by Section 147(f) of the Code and Sections 15.2-4905 and 15.2-4906 of the Act. 2. The approval of the issuance of the Bond by the Authority does not constitute an endorsement to a prospective purchaser of the Bond or the creditworthiness of the School. -Page 9- 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 5th day of November, 2003. -Page 10- Attachment 4 ORDINANCE ORDINANCE NO. 03-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article I, In General, is hereby amended and reordained as follows: By Amending: Sec. 15-101 Payment of administrative costs and collection of fees. CHAPTER 15. TAXATION ARTICLE I. IN GENERAL Sec. 15-101 Payment of administrative costs and collection of fees. A. Delinquent taxpayers shall pay a fee, as required by this section, to cover the administrative costs associated with the collection of delinquent taxes. This fee shall be in addition to all penalties and interest, and shall be in the amount of thirty dollars ($30.00) for taxes or other charges collected subsequent to thirty (30) or more days after notice of delinquent taxes or charges pursuant to Virginia Code § 58.1-3919 but prior to the taking of any judgment with respect to such delinquent taxes or charges, and in the amount of thirty-five dollars ($35.00) for taxes or other charges collected subsequent to judgment. If the collection activity is to collect on a nuisance abatement lien, the fee for administrative costs shall be one hundred fifty dollars ($150.00) or twenty-five percent (25%) of the cost, whichever is less; however, in no event shall the fee be less than twenty-five dollars ($25.00). B. In addition, delinquent taxpayers shall pay reasonable attorney's or collection agency's fees actually contracted for associated with the collection of delinquent taxes; provided, however, the amount paid by the delinquent taxpayer shall not exceed twenty percent (20%) of the taxes and other charges collected. C. No tax assessment or tax bill shall be deemed delinquent and subject to the provisions of this section during the pendency of any administrative appeal under Virginia Code § 58.1-3980, provided the appeal is filed within ninety (90) days of the date of the assessment, and for thirty (30) days after the date of the final determination of the appeals. (Ord. of 11-2-94; Code 1988, § 8-1.5; Ord. 98-A(1), 8-5-98; Ord. 03-15(1), 11-5-03) State law reference--Authority for above fee, Va. Code §§ 58.1-3916, 58.1-3958. -Page 11- Attachment 5 ORDINANCE NO. 03-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VII, REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VII, Real Estate Exemption for Certain Elderly and Disabled Persons, is hereby amended and reordained as follows: By Amending: Sec. 15-702 Definitions. Sec. 15-704 Persons eligible for exemption. CHAPTER 15. TAXATION ARTICLE VII. REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS Sec. 15-702 Definitions. The following definitions shall apply in the interpretation and enforcement of this article: (1) Dwelling. The term “dwelling” means a building occupied as a residence. (2) Income. The term “income” means the total gross income from all sources comprising the amount of money received on a regular basis which is available to meet expenses, regardless of whether a tax return is actually filed, the money is taxable or deductible from the taxpayer’s income tax return. (a) Income shall include: (i) retirement payments, including the portion that represents the contribution of the retiree; (ii) nontaxable social security retirement benefits; (iii) disability payments; and (iv) rental income. (b) Income shall not include: (i) life insurance benefits; (ii) receipts from borrowing or other debt; and (iii) social security taxes taken out of the pay of a retiree. (c) The income of a self-employed person received from the business shall be the gross income of the business, less the expenses of the business. (3) Manufactured home. The term “manufactured home” means a structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (4) Net combined financial worth. The term “net combined financial worth” means the net present value of all assets, including equitable interests, and liabilities of (i) the owners, (ii) the spouse of any owner, and (iii) the owners’ relatives living in the dwelling. The term “net combined financial worth” shall not include: (i) the value of the dwelling and the land, not exceeding one acre, upon which it is -Page 12- situated; (ii) the value of furniture, household appliances and other items typically used in a home; and (iii) the outstanding balance of any mortgage on the subject property, except to the extent that the subject property is counted as an asset. (5) Owning title or partial title. The term “owning title or partial title” means owning the usufruct, control or occupation of the real estate, whether the interest therein is in absolute fee or is in an estate less than a fee, such as the holding of a life estate. (6) Permanently and totally disabled person. The term “permanently and totally disabled person” means a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death, or can be expected to last for the duration of such person's life. (7) Real estate. The term “real estate” includes manufactured homes. (8) Relative. The term “relative” means any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner. (9) Taxable year. The term “taxable year” means the calendar year for which the exemption is claimed. (10) Total combined income. The term “total combined income” means the income received from all sources during the preceding calendar year by the owners of the dwelling who use it as their principal residence and by the owners’ relatives who live in the dwelling. The following amounts shall be excluded from the calculation of total combined income: (a) The first sixty-five hundred dollars ($6500.00) of income of each relative who is not the spouse of an owner living in the dwelling and who does not qualify for the exemption provided by subdivision 9 c hereof. (b) The first seventy-five hundred dollars ($7500.00) of income for an owner who is permanently disabled. (c) If a person otherwise qualifies for the exemption and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of the relative or of the relative’s spouse shall be counted towards the income limit, provided that the owner of the dwelling has not transferred assets in excess of five thousand dollars ($5,000.00) without adequate considerations within a three (3) year period prior to or after the relative moves into the dwelling. (2-15-73; 3-20-75; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, § 8-23; Ord. 98-A(1), 8-5-98; Ord. 03-15(2), 11-5-03) State law reference--Va. Code §§ 36-85.3, 58.1-3210, 58.1-3211, 58.1-3217. Sec. 15-704 Persons eligible for exemption. Persons who satisfy all of the following requirements are eligible for the exemption established in section 15-703: -Page 13- A. The person claiming the exemption shall have either: 1. Reached the age of sixty-five (65) years prior to the taxable year for which the exemption is claimed; or 2. Became permanently and totally disabled prior to the taxable year for which the exemption is claimed. B. The person claiming the exemption shall be a person owning title or partial title in the dwelling. 1. The person claiming the exemption shall own title or partial title to the real estate for which the exemption is claimed on January 1 of the taxable year. 2. A dwelling jointly owned by a husband and wife may qualify if either spouse is sixty-five (65) years of age or older or is permanently and totally disabled. 3. Except as provided in paragraph (B.2), the exemption shall not apply to a dwelling jointly owned by a person who is sixty-five (65) years of age or older or who is permanently and totally disabled (an “exempt person”), and a person who not an exempt person. C. The person claiming the exemption shall occupy the dwelling as that person’s sole dwelling. 1. The dwelling shall not be used for commercial purposes. 2. The fact that a person who otherwise qualifies for exemption established by this article resides in a hospital, nursing home, convalescent home or other facility for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which the exemption is sought does not continue to be the sole dwelling of the person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. D. A manufactured home is real estate eligible for the exemption established by this article if the person claiming the exemption demonstrates to the satisfaction of the director of finance that the manufactured home is permanently affixed. Either of the following shall be evidence that the manufactured home is permanently affixed: 1. The person claiming the exemption owns title or partial title to the manufactured home and the land on which the manufactured home is located, and the manufactured home is connected to permanent water and sewage lines or facilities; or 2. Whether or not the manufactured home is located on land on which the person claiming the exemption owns title or partial title, the manufactured home rests on a permanent foundation and consists of two (2) or more units which are connected in such a manner that they cannot be towed together on a highway, or consists of a unit and other connected rooms or additions which must be removed before the manufactured home can be towed on a highway. E. The total combined income shall not exceed twenty-five thousand dollars ($25,000.00) for the calendar year immediately preceding the taxable year. F. The net combined financial worth shall not exceed eighty thousand dollars ($80,000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. -Page 14- (2-15-73; 3-20-75; 11-9-77; 8-13-80; 6-12-85; 5-13-87; Ord of 12-19-90; Ord. of 4-7-93; Ord. 96-8(2), 12- 11-96; Code 1988, § 8-26; 9-9-81; Ord. 12-19-90; Code 1988, § 8-26.1; Ord. 98-A(1), 8-5-98; Ord. 00- 15(2), 9-20-00; Ord. 03-15(2), 11-5-03) State law reference--Va. Code §§ 58.1-3210, 58.1-3211, 58.1-3212, 58.1-3214, 58.1-3215. This ordinance shall be effective on and after January 1, 2004. -Page 15- Attachment 6 CONDITIONS OF APPROVAL SP-03-54. James or Julie Herring (Omnipoint/T-Mobile) (Sign #27). Public hearing on a request to allow construction of personal wireless fac w/ wooden monopole, approx 66 ft in total height & 10 ft above height of tallest tree w/in 25 ft, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 53, P 6, contains 83.417 acs. Loc off of Green Hill Lane approx 1/2-mile NW Rt 64 W overpass of Rt 690 (New Town Rd). Znd RA & EC. White Hall Dist. The facility shall be designed, constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the concept plan entitled, “Crown Communications CAP Operations, LLC /Herring Rawland”, dated September 9, 2003 and provided with Attachment A; 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The top of the pole, as measured Above Mean Sea Level (AMSL) shall never exceed ten (10) feet above the top of the tallest tree within twenty-five (25) feet. In no case shall the pole exceed sixty- six (66) feet in total height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit; 4. The monopole shall be made of wood and be a dark brown natural wood color; 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans; 6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches; 7. No satellite or microwave dishes shall be permitted on the monopole; 8. No antennas or equipment, with the exception of a grounding rod, not to exceed one (1)-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole.; 9. No guy wires shall be permitted; 10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: 12. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator; 13. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside -Page 16- and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred-foot (200) buffer, after the installation of the subject facility; and 14. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 15. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator; 16. Certification confirming that the grounding rod: a) height does not exceed two feet above the tower; and, b) width does not exceed a diameter of one-inch, shall be provided to the Zoning Administrator; and 17. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 18. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; and 19. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. ----------------------------- SP-03-55. David T. Pastors (Omnipoint/T-Mobile) (Sign #32). Public hearing on a request to allow construction of personal wireless fac w/ wooden monopole, approx 102 ft in total height & 10 ft above height of tallest tree w/in 25 ft, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 55, P 19D1, contains approx 21 acs. Loc on Rt 684 (Half Mile Branch Rd) at Yancey Mills, approx 1/8 mile N of intersec w/ Rt 797 (Hillsboro Lane). Znd RA & EC. White Hall Dist. The facility shall be designed, constructed and maintained as follows: 1. With the exception of any minor changes that would be required in order to comply with the conditions listed herein, the facility including the monopole, the ground equipment building, and any antennas shall be sized, located and built as shown on the concept plan entitled, “Crown Communications CAP Operations, LLC /Pastors Rawland”, dated September 9, 2003; -Page 17- 2. The calculation of pole height shall include any base, foundation or grading that raises the pole above the pre-existing, natural ground elevation; 3. The top of the pole, as measured Above Mean Sea Level (AMSL) shall never exceed seven (7) feet above the top of the tallest tree within twenty-five (25) feet. In no case shall the pole exceed ninety- nine (99) feet in total height at the time of installation without prior approval of an amendment to this special use permit or personal wireless facility permit; 4. The monopole shall be made of wood and be a dark brown natural wood color; 5. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole shall be the same color as the pole and shall be no larger than the specifications set forth in the application plans; 6. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be permitted. However, in no case shall the distance between the face of the pole and the faces of the antennas be more than twelve (12) inches. 7. No satellite or microwave dishes shall be permitted on the monopole; 8. No antennas or equipment, with the exception of a grounding rod, not to exceed one-inch in diameter and twelve (12) inches in height, shall be located above the top of the pole; 9. No guy wires shall be permitted; 10. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; and 11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted. Prior to the issuance of a building permit, the following requirements shall be met: 12. Certification by a registered surveyor stating the height of the reference tree that has been used to justify the height of the monopole shall be provided to the Zoning Administrator; 13. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or utility access, an amended tree conservation plan, developed by a certified arborist shall be submitted to the Zoning Administrator for approval. The plan shall specify tree protection methods and procedures, and identify any existing trees to be removed on the site - both inside and outside the access easement and lease area. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200)-foot buffer, after the installation of the subject facility; 14. With the building permit application, the applicant shall submit the final revised set of site plans for construction of the facility. During the application review, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed; and 15. The construction plans shall be revised to reflect the correct tax map and parcel number for the property upon which this facility site is located. After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to any facility operation, the following shall be met: 16. Certification by a registered surveyor stating the height of the pole, measured both in feet above ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum identified in the application shall be provided to the Zoning Administrator; -Page 18- 17. Certification confirming that the grounding rod: a) height does not exceed two (2) feet above the tower; and, b) width does not exceed a diameter of one (1)-inch, shall be provided to the Zoning Administrator and; 18. No slopes associated with construction of the facility shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. After the issuance of a Certificate of Occupancy, the following requirements shall be met: 19. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider and; 20. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.