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HomeMy WebLinkAbout20030108actions -Page 1- ACTIONS Board of Supervisors Meeting of January 8, 2002 January 10, 2002 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:00 a.m., by the County Executive. All BOS members present. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. Election of Chairman. • Elected Lindsay G. Dorrier, Jr., for Calendar Year 2003. 5. Election of Vice-Chairman. • Elected Dennis S. Rooker for Calendar Year 2003. 6. Certificates of Appreciation. • PRESENTED to David Krohn for service on the Joint Airport Commission and to Bob Watson for service on DISC and the Historic Preservation Committee. 7. Appointment of Clerk. • REAPPOINTED Ella Carey as Clerk for Calendar Year 2003. 8. Set Meeting Times, Dates and Places for Calendar Year 2003. • SET as follows: first Wednesday of the month at 9:00 a.m., second Wednesday of the month at 6:00 p.m., with meetings to be held in the County Office Building. Clerk: Advertise in The Daily Progress and post notice on door of Courthouse. 9. Set Dates for Hearing Zoning Text Amendments Requested by Citizens. • SET as follows: June 11, September 10 and November 12 2003 and March 17, 2004. Clerk: Advertise in The Daily Progress as required by Section 33.10.2 of the Zoning Ordinance. 10. Rules of Procedure, Adoption of. • ADOPTED Clerk: Forward copy to County Attorney. (Attachment 1) 11. From the Public: Matters Not Listed on the Agenda. • Barbara Shifflett, President, Albemarle County Fair, Inc., requested assistance from Albemarle County in obtaining a permanent site. • Richard Brickwedde, a resident of Keswick, spoke concerning his recent property assessment. Clerk: Acknowledge comments for Chairman's signature. 12.2 Set public hearing for February 5, 2003 on an ordinance to amend Section 4-401, Dangerous dogs, vicious dogs. • PUBLIC HEARING set for February 5, 2003. Clerk: Advertise public hearing. 12.3 Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing. • ADOPTED the attached resolution. Clerk: Forward signed resolution to Melvin Breeden and copy appropriate persons. (Attachment 2) 12.4 Resolution to accept roads in Still Meadows Phase 3 Subdivision into the State Secondary System of Highways. • ADOPTED the attached resolution. Clerk: Forward signed resolution to Steve Snell in Engineering Department. (Attachment 3) -Page 2- 12.5 Authorize County Executive to execute Service Agreement with Seminole Trail Volunteer Fire Department, Inc. for purchase of new command vehicle. • AUTHORIZED County Executive to execute Service Agreement. County Attorney's Office: Obtain County Executive's signature and forward copies to appropriate individuals. (Attachment 4) NonAgenda. APPOINTED Mr. Michael Culp as the Director of Information Technology, effective December 15, 2003. 13. Transportation Matters Not Listed on the Agenda. Mr. Bryan: • The public hearing on Jarman's Gap Road is scheduled for May. • VDOT is continuing to improve their snow hours. • VDOT, along with other organizations, will be assessing the pile up on Afton's Mountain. Walter Perkins: • Asked VDOT to take a look at the speed limits in the community of White Hall. Suggested the speed limit be reduced to 25 mph from the upper store, east of the cluster of houses to Wyant Store. Sally Thomas: • Mentioned a letter from Mr. and Ms. Luck regarding a dangerous situation on Clark Road. Mr. Bryan said VDOT has been talking to them. He will personally respond. Charles Martin: • Asked VDOT to investigate restripping the two lanes from Route 20 heading south, onto Route 250 towards Richmond. One of the lanes turn left into two lanes and the other lane goes straight across the intersection. It would improve the traffic pattern if both lanes can turn left with the right lane having the option of turning left or continuing straight through the intersection. Clerk: Forward to Jim Bryan, VDOT. 14. Presentation: Police Department's Reorganization. • RECEIVED. 15. To solicit input for development of Community Improvement Grant Proposal and Dry Well Replacement Program. • AUTHORIZED staff to move forward to complete the application process for funding under the Dry Well Replacement Program. SUPPORTED a public hearing to be held in March to receive input on the proposed application. Ron White: Proceed with application process. Clerk: Advertise and schedule public hearing for March. 16. Public hearing on proposed FY 2003 Budget Amendment. • APPROVED the FY 2003 budget amendment in the amount of $2,033,091.31 and appropriations as detailed in executive summary. Clerk: Forward signed appropriation forms to Melvin Breeden and copy appropriate persons. Prepare "thank you" letters for donations. 17. Update on Lewis and Clark. -Page 3- • RECEIVED. 18. County's Strategic Planning. HELD work session and made the following revisions: • 2.1.1 add "within each development area" to end of sentence • 2.1.1.4 "neighborhood" should be "neighborhoods" • 2.1.1.5 "plan" should be "plans" • 2.2.1.1 add "and citizens" to end of the sentence • 2.6.1 add " and provides reasonable waste disposal options for County citizens and businesses" to end of sentence • 4.1.1 amend to read "… establish and implement revised standards…" • 4.1.2 delete typo "customer" County Executive's staff: Make revisions and bring back to Board when appropriate. 19. Update on Neighborhood Model Implementation Plan and Work Session: ZTA-01-08. Neighborhood Model. • DIRECTED ZTA-01-08 be forwarded to DISC II for review of BRHBA and BOS comments, provide recommendations, and then report back to the Board on February 5th. • Board members to provide their specific comments directly to Planning staff. • Charles Martin volunteered to be the Board's liaison on DISC II. Clerk: Schedule for February 5, 2003 agenda. Update Boards and Commissions book. 20. Discussion: Community Development Authority. • RECEIVED 21. Closed Session: Personnel Matters. • At 12:30 p.m., the Board went into closed session to consider appointments to boards and commissions 22. Certify Closed Session. • At 2:00 p.m., the Board reconvened into open session 23. Appointments • APPOINTED Frank L. Robinson III to the Joint Airport Commission, with term to expire 12/01/2005. Clerk: Prepare appointment letter, update Boards and Commissions book and notify appropriate persons. 24. ZMA-2002-12 Charlottesville Piano (Signs #63& 67). • APPROVED ZMA-2002-12 as proffered, by a vote of 6:0. Clerk: Set out proffers below. (Attachment 5) 25. SP-2002-038. Lone Oak LLC - Helicopter Landing (Signs #35,36&52). • APPROVED SP-2002-038 subject to nine conditions, by a vote of 6:0. Clerk: Set out conditions of approval. (Attachment 5) 26. SP-2002-039. John A. Griffin (Signs #53&82). • APPROVED SP-2002-039 subject to nine conditions, by a vote of 5:1. Clerk: Set out conditions of approval. (Attachment 5) 27. ZTA-2001-09. Parking. • DEFERRED ZTA-2001-09 until February 5, 2003 to allow staff time to address issues raised at meeting. W Cilimberg/J Sprinkle: Update and bring back to Board on February 5th. 28. From the Board: Matters not Listed on the Agenda. • CONSENSUS that Building Committee look at request from Albemarle County Fair, Inc., and provide a recommendation to the Board. -Page 4- 30. Discussion: Crozet Master Plan Framework. • ADOPTED the attached resolution. Clerk: Forward signed resolution to Planning. (Attachment 6) 31. Adjourn to January 15, 2003, 4:00 p.m., for Joint Meeting with School Board. • The meeting was adjourned at 5:09 p.m. /ewc Attachment 1 - Rules of Procedure Attachment 2 - Resolution of Official Intent Attachment 3 - Still Meadow Subdivision, Phase 3, Resolution Attachment 4 - Service Agreement - Seminole Trail Volunteer Fire Attachment 5 - Conditions for Planning items Attachment 6 - Resolution of Support - Framework Plan -Page 5- Attachment 1 RULES OF PROCEDURE ALBEMARLE BOARD OF COUNTY SUPERVISORS A. Officers 1. Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall preside at such meeting and at all other meetings during the year for which elected. In addition to being presiding officer, the Chairman shall be the head official for all the Board’s official functions and for ceremonial purposes. He shall have a vote but no veto. (Virginia Code Sections 15.2-1422 and 15.2-1423) 2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if present, shall preside at meetings in the absence of the Chairman and shall discharge the duties of the Chairman during his absence or disability. (Virginia Code Section 15.2-1422) 3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but either or both may be re-elected for one or more additional terms. (Virginia Code Section 15.2-1422) 4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are absent from any meeting, a present member shall be chosen to act as Chairman. B. Clerk and Deputy Clerks The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia Code Section 15. 2-1539 and such additional duties set forth in resolutions of the Board as adopted from time to time. (Virginia Code Section 15.2-1416) C. Meetings 1. Annual Meeting. The first meeting in January held after the newly elected members of the Board shall have qualified, and the first meeting held in January of each succeeding year, shall be known as the annual meeting. At such annual meeting, the Board shall establish the days, times, and places for regular meetings of the Board for that year. (Virginia Code Section 15.2-1416) 2. Regular Meetings. The Board shall meet in regular session on such day or days as has been established at the annual meeting. The Board may subsequently establish different days, times, or places for such regular meetings by passing a resolution to that effect in accord with Virginia Code Section 15.2-1416. If any day established as a regular meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on the next regular business day without action of any kind by the Board. (Virginia Code Section 15.2-1416) If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members to attend a regular meeting, such meeting shall be continued to the next regular meeting date. Such finding shall be communicated to the members of the Board and to the press as promptly as possible. All hearings and other matters previously advertised shall be -Page 6- conducted at the continued meeting and no further advertisement shall be required. (Virginia Code Section 15.2-1416) Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business of the Board is complete. (Virginia Code Section 15.2-1416) 3. Special Meetings. The Board may hold special meetings as it deems necessary at such times and places as it deems convenient. A special meeting may be adjourned from time to time as the Board finds necessary and convenient. (Virginia Code Section 15.2-1417) A special meeting shall be held when called by the Chairman or requested by two or more members of the Board. The call or request shall be made to the Clerk of the Board and shall specify the matters to be considered at the meeting. Upon receipt of such call or request, the Clerk, after consultation with the Chairman, shall immediately notify each member of the Board, the County Executive, and the County Attorney. The notice shall be in writing and delivered to the person or to his place of residence or business. The notice shall state the time and place of the meeting and shall specify the matters to be considered. No matter not specified in the notice shall be considered at such meeting unless all members are present. The notice may be waived if all members are present at the special meeting or if all members sign a waiver for the notice. (Virginia Code Section 15.2-1418) The Clerk shall notify the general news media of the time and place of such special meeting and the matters to be considered. D. Order of Business The Clerk of the Board shall establish the agenda for all meetings in consultation with the Chairman. The first two items on the agenda for each regular meeting of the Board shall be the Pledge of Allegiance and a moment for silent meditation. The procedures for receiving comment from the public for matters not on the agenda shall be at the discretion of the Board. Unless otherwise decided, no more than three persons will be allowed to speak during the time set aside on the agenda for “For the Public: Matters Not Listed on the Agenda”. Each person shall be permitted no more than five minutes to provide comments. Zoning applications advertised for public hearing shall be on the agenda for public hearing on the advertised date unless the applicant submits a signed written deferral request to the Clerk of the Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The first request for a deferral will be granted administratively by the Clerk. The Board will be notified of the deferral in the next Board package and the deferral will be announced at the earliest possible Board meeting to alert the public of the deferral. Any request received later than the Wednesday deadline and any subsequent request for a deferral for the same application previously deferred will be granted only at the discretion of the Board by a majority vote. The deferral shall not be granted unless the Board determines that the reason for the deferral justifies the likely inconvenience to the public caused by the deferral. The staff will make every effort to alert the public when a deferral is granted. -Page 7- E. Quorum A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If during a meeting less than a majority of the Board remains present, no action can be taken except to adjourn the meeting. If prior to adjournment the quorum is again established, the meeting shall continue. (Virginia Code Section 15.2-1415) A majority of the members of the Board present at the time and place established for any regular or special meeting shall constitute a quorum for the purpose of adjourning such meeting from day to day or from time to time, but not beyond the time fixed for the next regular meeting. F. Voting Procedures 1. Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by approval of a majority of the members present and voting on a motion properly made by a member and seconded by another member. Any motion that is not seconded shall not be further considered. The vote on the motion shall be by a voice vote. The Clerk shall record the name of each member voting and how he voted on the motion. If any member abstains from voting on any motion, he shall state his abstention. The abstention will be announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the motion voted upon. (Article VII, Section 7, Virginia Constitution) 2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected members of the Board shall be required to approve an ordinance or resolution (1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing the borrowing of money. (Virginia Code Section 15.2-1428) 3. Public Hearings. The Board shall not decide any matter before the Board requiring a public hearing until the public hearing has been held. The Board may, however, at its discretion, defer or continue the holding of a public hearing or consideration of such matter. The procedures for receiving comment from the applicant and the public for public hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant shall be permitted no more than ten minutes to present its application. Following the applicant’s presentation, any member of the public shall be permitted no more than three minutes to present public comment. Speakers are limited to one appearance at any public hearing. Following the public comments, the applicant shall be permitted no more than five minutes for a rebuttal presentation. 4. Motion to Amend. A motion to amend a motion before the Board, properly seconded, shall be discussed and voted by the Board before any vote is taken on the original motion unless the motion to amend is accepted by both the members making and seconding the original motion. If the motion to amend is approved, the amended motion is then before the Board for its consideration. If the motion to amend is not approved, the original motion is again before the Board for its consideration. 5. Previous Question. Discussion of any motion may be terminated by any member moving the “previous question”. Upon a proper second, the Chairman shall call for a vote on the motion of the previous question. If approved by a majority of those voting, the Chairman shall immediately call for a vote on the original motion under consideration. A motion of the previous question shall not be subject to debate and shall take precedence over any other matter. -Page 8- 6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion to reconsider is made at the same meeting or an adjourned meeting held on the same day at which the matter was decided. The motion to reconsider may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to reconsider, if approved, shall be to place the matter for discussion in the exact position it occupied before it was voted upon. 7. Motion to Rescind. Any decision made by the Board, except for zoning map amendments, special use permit decisions, and ordinances, (these exceptions shall only be subject to reconsideration as provided above) may be rescinded by a majority vote of all elected members of the Board. The motion to rescind may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to rescind, if approved, is to nullify the previous decision of the Board. Zoning map amendments, special use permit decisions and ordinances may be rescinded or repealed only upon meeting all the legal requirements necessary for taking action on such matters as if it were a new matter before the Board for consideration. G. Amendment of Rules of Procedure These Rules of Procedure may be amended by a majority vote of the Board at the next regular meeting following a regular meeting at which notice of the motion to amend is given. H. Suspension of Rules of Procedure These Rules of Procedure may be suspended by the majority vote of the Board members present and voting. The motion to suspend a rule may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided, however, approval of a motion to suspend the rule shall not permit the Board to act in violation of a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other applicable law. I. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by Robert's Rules of Order. * * * * * (Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80; 1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93; 1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003). -Page 9- Attachment 2 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Albemarle County, Virginia (the “County”), intends to acquire, construct and equip new administrative facilities for the County, make a capital contribution to the costs of constructing a juvenile courts facility and, in collaboration with the City of Charlottesville, Virginia, the Charlottesville- Albemarle Airport Authority and the University of Virginia, acquire and install a new emergency communications system (collectively, the “Project”); and WHEREAS, plans for the Project have advanced and the County expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; and WHEREAS, the County expects to ask the Industrial Development Authority of Albemarle County, Virginia (the “Authority”), to issue its revenue bonds and to loan the proceeds thereof to the County to finance the costs of the Project; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The County intends to utilize the proceeds of tax-exempt bonds of the Authority (the “Bonds”) or to incur other debt, in an amount not currently expected to exceed $30,000,000 to pay the costs of the Project. 2. The County intends that a portion of the proceeds of the Bonds will be used to reimburse the County for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The County reasonably expects on the date hereof that it will reimburse the Expenditures with a portion of the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the County so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. 4. The County intends to make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of a portion of the proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The County recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The County intends that the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. -Page 10- Attachment 3 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day of January, 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Still Meadow Subdivision, Phase 3, described on the attached Additions Form SR-5(A) dated January 8, 2003, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Still Meadow Subdivision, Phase 3, as described on the attached Additions Form SR-5(A) dated January 8, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The roads described on Additions Form SR-5(A) are: 1) Brownstone Lane (Route 1355) from the existing intersections of Route 1350 (Still Meadow Avenue) and Route 1355 to the intersection of Route 1353 (River Inn Lane), as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.04 miles. 2) Brownstone Lane from the intersection of Route 1353 (River Inn Lane) to the cul-de- sac, as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.07 miles. 3) Doringh Place (Route 1356) from the intersection of Route 1353 (River Inn Lane) to the intersection of Route 1353 (River Inn Lane), as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.11 miles. 4) River Inn Lane (Route 1353) from the intersection of Route 1355 (Brownstone Lane) to the intersection of Route 1356 (Doringh Place), as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.10 miles. -Page 11- 5) River Inn Lane (Route 1353) from the intersection of Route 1356 (Doringh Place), to the intersection of Route 1356 (Doringh Place), as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.19 miles. 6) River Inn Lane (Route 1353) from the intersection of Route 1356 (Doringh Place), to the existing intersection of Route 1353 (River Inn Lane) and Route 1352 (Pheasant Crossing), as shown on plat recorded 10/25/2001 in Deed Book 2098, pages 579, in the Office the Clerk of Circuit Court of Albemarle County, with a 50-foot right-of-way width, for a length of 0.12 miles. Total Mileage - 0.63 mile. -Page 12- Attachment 4 SERVICE AGREEMENT THIS AGREEMENT, made this ______ day of _________________, 200___, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the “County”), and the SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT, INC., a Virginia Corporation, (the “Fire Department”). WHEREAS, the Fire Department agrees to continue to provide valuable fire protection services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center (“Service Area”); and WHEREAS, the Fire Department desires the County to contribute Sixteen Thousand Two Hundred Fifty Dollars ($16,250.00) for the purchase of a command vehicle for providing fire services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire Department agree, as follows: 1. The County shall contribute to the Fire Department Sixteen Thousand Two Hundred Fifty Dollars ($16,250.00) to be used for the purchase of a command vehicle. The funds shall be allocated from the County’s Fire Fund (“Fund”) and shall be made available upon execution of this agreement. 2. The Fire Department agrees that the County will withhold Two Thousand Thirty-one Dollars and Twenty-five Cents ($2,031.25) from the County’s annual appropriation to the Fire Department’s operating budget beginning July 2003 through July 2010. Thus at the end of eight (8) years, which is the term of this Agreement, a total of $16,250.00 shall be withheld. This withholding may be used by the County to replenish the Fund for so long as the County, at its discretion, continues such Fund. This withholding is in addition to the withholding for all prior advances under the prior service agreement with the Fire Department dated January 7, 2000. The Fire Department agrees that any amount of this repayment that may exceed the County’s annual appropriation will be remitted to the County no later than July 31 of each repayment year. 3. The Fire Department agrees that the Sixteen Thousand Two Hundred Fifty Dollars ($16,250.00) contribution shall be used only for the purchase of the command vehicle to be used to provide fire services in Albemarle County. The Fire Department further agrees that it shall not convey the command vehicle or any interest therein to any party other than the County without the County's prior written consent during the useful life of the command vehicle or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of the command vehicle shall be ten years from the date the command vehicle is placed into service. In addition, the Fire Department agrees that any insurance proceeds received from a claim related to any damage to the command vehicle shall be used entirely for the immediate repair and improvement of the command vehicle unless the County expressly authorizes in writing a different use for such funds. 4. The Fire Department agrees that at such time as it no longer provides volunteer fire protection services in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in the vehicle described in paragraph 1 to the County at no additional cost to the County upon the County’s request. 5. The County and Fire Department agree that the covenants set forth in their prior agreement dated January 7, 2000, to the extent they are not in conflict with this Agreement, shall remain in full force and effect. -Page 13- 6. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Department, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Fire Department. Witness the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA _______________________ By: ______________________________________ Date ROBERT W. TUCKER, JR., County Executive SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT, INC. _______________________ By: ________________________________ Date -Page 14- Attachment 5 CONDITIONS OF APPROVAL Agenda Item No. 24. ZMA-2002-12. Charlottesville Piano (Signs #63&67). Request to rezone .23 acs from LI to C1 to allow furniture store that will sell & restore pianos. TM 45, P 163. Loc at intersec of Rio Rd W (Rt 631) & Berkmar Dr (Rt 1403) approx .25 mls from intersec of Rio Rd & US Rt 29N. (The Comp Plan designates this property as Office Service in Neighborhood 1.) Rio Dist. APPROVED ZMA-2002-12 as proffered. PROFFER FORM Date: 01/08/2003 ZMA # 2002-012 Tax Map and Parcel Number: 45-163 .21 Acres to be rezoned from LI to C-1 Pursuant to Section 33.3 of the Albemarle County. Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. Only the following by-right use of the area zoned C-1 shall be permitted by right pursuant to subsection 22.2.1 of Section 22.2, C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on December 17, 2002, a copy of which is attached hereto: Section 22.2.1 numbers (a)7; (b)1; (b)3; (b)5; (b)12; (b)13; (b)17; (b)18; (b)19; (b)20; (b)23; (b)26. 2. The applicant shall have the existing entrance onto Rio Road West (Route 631) closed, as shown on the concept plan for Tax Map 45 Parcel 163 prepared by Rivanna Engineering & Surveying, PLC dated 11/6/02, which is made a part of these proffers solely for the purpose of showing the locations of the existing entrances. The existing entrance onto Rio Road West shall be improved to a standard approved by the Virginia Department of Transportation and the Albemarle County Engineering Department and shall be completed prior to the approval of a certificate of occupancy or zoning compliance clearance. Signature of All Owners Printed Names of All Owners Date (Signed) James P. Cox III, Trustee James P. Cox III, Trustee 12-03-02 First Rio Road Land Trust First Rio Road Land Trust __________ Agenda Item No. 25. SP-2002-038. Lone Oak LLC - Helicopter Landing (Signs #35,36&52). Request to allow private heliport in accord w/Sec 10.2.2.19 & Sec 5.1.01 of the Zoning Ord. TM 134, P 03, contains 1,330.490 acs. Loc on N sd of Rt 626 (James River Rd) approx 3,600 ft from its intersec w/Rt 723 (Chestnut Grove Rd). Znd RA & is w/in Totier Creek A/F Dist. Scottsville Dist. APPROVED SP-2002-038 subject to the following conditions: 1. The location of the helistop shall be located as shown on Attachment A, titled SP 02-38 Lone Oak L.L.C. Helistop and dated September 2002; 2. The maximum number of landings per calendar year shall be six (6); 3. No helicopter maintenance, other than emergency maintenance, shall be allowed to occur on the -Page 15- property; 4. Other than a windsock on a maximum twelve (12)-foot high pole, no improvements or construction will be permitted; 5. No other airborne vehicle, other than helicopters, shall be permitted to use this facility; 6. No lighting for the helicopter landing site will be permitted; 7. Section 5.1.01.c1 shall apply and any other sections of the ordinance that relate to heliports as well; 8. There shall be no southern approach on landing; and 9. There shall be no subdivision of the property as long as the special use permit is in effect. __________ Agenda Item No. 26. SP-2002-039. John A. Griffin (Signs #53&82). Request to allow private heliport in accord w/Sec 10.2.2.19 & Sec 5.1.01 of the Zoning. TM 28, P 12, contains 153.120 acs. Loc at 3332 Millington Rd on N sd of Rt 665 (Millington Rd) & E of Rt 671 (Ballards Mill Rd). Znd RA & is w/in Moormans River A/F Dist. White Hall Dist. APPROVED SP-2002-039 subject to the following conditions: 1. The location of the helistop shall be located as shown on Attachment A, titled SP 02-39 John Griffin Helistop and dated September 2002; 2. The maximum number of landings per calendar year shall be six (6); 3. No helicopter maintenance, other than emergency maintenance, shall be allowed to occur on the property; 4. Other than a windsock on a maximum twelve (12)-foot high pole, no improvements or construction will be permitted; 5. No other airborne vehicle, other than helicopters, shall be permitted to use this facility; 6. No lighting for the helicopter-landing site will be permitted; 7. Section 5.1.01.c1 shall apply and any other sections of the ordinance that relate to heliports as well; 8. Approaching and departing flights shall be from the west; and 9. There shall be no subdivision of the property as long as the special use permit is in effect. -Page 16- Attachment 6 Resolution of Support for Crozet Master Plan Framework Plan WHEREAS, the Albemarle County Board of Supervisors on May 16, 2001 adopted The Neighborhood Model: Building Block for the Development Areas as an amendment to Albemarle County’s Comprehensive Plan; and WHEREAS, the Neighborhood Model calls for development of a Master Plan for each of the Development Areas, said Master Plans to be adopted as a part of the County's Comprehensive Plan; and WHEREAS, the Albemarle County Board of Supervisors on October 17, 2001 selected the Community of Crozet as the first Development Area to be master planned; and WHEREAS, an essential component of the Crozet Master Plan has been a comprehensive, inclusive, and on-going public involvement process with the residents of Crozet working in partnership with the Renaissance Planning Group, Nelson-Byrd Landscape Architects, Christensen & Associates, and County staff; and WHEREAS, this community partnership among the residents, consultants and County staff has produced a preliminary conceptual guide referred to as the Framework Plan; and WHEREAS, the County recognizes the need for the final Crozet Master Plan to address the protection of Route 250 West and the provision of safe and efficient access to Interstate 64 as critical priorities; and WHEREAS, the next phase of master planning will devote significant attention to the fringe areas of the Crozet Development Area; and WHEREAS, the Framework Plan is intended to reflect the existing conditions, community's vision, guiding principles and the general direction for the forthcoming, more detailed Master Plan for the Crozet community; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors accepts the Framework Plan, acknowledging it as a preliminary guide and foundation from which future Master Plan activities, products and policies will proceed.