HomeMy WebLinkAbout20030115actionsACTIONS
Board of Supervisors Meeting of January 15, 2003
January 21, 2003
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order - Joint Meeting with School Board.
• Meeting was called to order at 4:00 p.m., by the
Chairman, Mr. Dorrier, Jr. All BOS members, were
present. Also present were Bob Tucker, Larry Davis
and Ella Carey.
2. HealthCare Executive Committee Report and
Recommendations on Medical and Dental Insurance
Programs.
• Accepted the HealthCare Committee's
recommendation for 02-03 Plan Year to increase
employee premiums effective February 1, 2003, as
noted in Table 1 (set out in Executive Summary).
• The Board and School Board took no action on the
HealthCare Committee's recommendation for the 03-
04 Plan Year. Consensus of both Boards that the
recommendation be used as guidance to move
forward in building the budget.
K Suyes/B Brandenburger: Proceed as
directed.
3. Matters not listed on the agenda from the Board and
School Board.
• Steve Koleszar said the Prep Board is looking at the
idea of creating a regional consortium of school
divisions and governments to see if we could get a
larger pool and better rate for administrative costs for
health care. He asked if the two Boards would like to
pursue this. It was the consensus of the Boards to
find out what costs are associated with this.
• Scheduled another joint meeting of the Board and
School Board for February 12, 2003, 4:00 p.m. in
Meeting Room 235, to discuss compensation/
benefits.
4. Adjourn.
• The meeting was adjourned at 5:30 p.m.
1. Call to Order.
• The meeting was called to order at 6:00 p.m., by the
Chairman, Mr. Dorrier. Also present at this time was
Wayne Cilimberg.
4. From the Public: Matters Not Listed on the Agenda.
• Mr. Tom Dulany-Slonakier, owner of Arby’s in Forest
Lakes, spoke about the issue between the County
and himself in reference to his Arby’s flag that he fly’s
and the Arby’s delivery truck parked near Route 29
North.
5.1. Authorize County Executive to execute Service
Agreements with Earlysville Volunteer Fire Company,
Inc., and Scottsville Volunteer Fire Department, Inc.
• AUTHORIZED the County Executive to execute the
Service Agreements.
County Attorney's Office: Obtain County
Executive's signature and forward copies to
appropriate individuals. (Attachment 1).
5.2. Adopt resolution to authorize financing of Permit
Tracking Systems through SunTrust Bank.
Clerk: Forward signed resolution to Brenda
Neitz and copy Roger Hildebeidel.
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• ADOPTED the attached resolution authorizing this
financing through SunTrust Bank with semi-annual
payments for five years at a rate of 3.1%.
(Attachment2).
6. Proposed lease agreement between the County and
Wachovia Bank, pursuant to Va. Code 15.2-1800(B).
• APPROVED a lease of the Wachovia Operations
Center property and authorized the County Executive
to execute a Lease Agreement on the County’s
behalf.
County Attorney's Office: Obtain signature of
County Executive and provide copy to Clerk's
office.
7. SP- 2002- 050. Shadwell Animal Hospital (Signs
#60761).
• APPROVED SP-2002-050, by a vote of 6:0, subject
to one condition.
Clerk: Set out condition of approval.
(Attachment 3)
8. SP-2002-057. Rivanna Ridge Giant Food Store-
Outdoor Sales/Display (Signs #72,73&75).
• APPROVED SP-2002-057, by a vote of 6:0, subject
to nine conditions.
Clerk: Set out conditions of approval.
(Attachment 3)
9. SP-2002-058. Crozet Baptist Church Parsonage
Amendment (Signs #45&62).
• APPROVED SP-2002-058, by a vote of 6:0, subject
to three conditions.
Clerk: Set out conditions of approval.
(Attachment 3)
10. SP-2002-060. Floral Images (Sign #43.)
• APPROVED SP-2002-060, by a vote of 6:0, subject
to one condition.
Clerk: Set out condition of approval.
(Attachment 3)
11. From the Board: Matters Not Listed on The Agenda.
Bob Tucker:
• Asked the Board to adopt Resolution of Support for
HB 1397 which would give counties the same taxing
authorities as cities. The Board ADOPTED the
proposed resolution.
Larry Davis:
• Informed the Board that he has received a letter from
the Rutherford Institute on behalf of Mr. Slonakier
and that he will be discussing those issues with them
at a later time.
Clerk: Forward resolution to VACO, VML and
our legislators. (Attachment 4)
12. Adjourn.
• Meeting was adjourned at 6:40p.m.
/gak
Attachment 1 – Service Agreements
Attachment 2 – Resolution of the Board of Supervisors
Attachment 3 – Conditions for planning items
Attachment 4 – Resolution of Support for HB 1397
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Attachment 1
SERVICE AGREEMENTS
THIS AGREEMENT, made this ______ day of _________________, 200___, by
and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the “County”), and the
EARLYSVILLE VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the “Fire Company”).
WHEREAS, the Fire Company 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 Company desires the County to contribute Forty-three Thousand Seven Hundred
Fifty Dollars ($43,750.00) for the purchase of a brush truck for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire
Company agree, as follows:
1. The County shall contribute to the Fire Company Forty-three Thousand Seven Hundred Fifty Dollars
($43,750.00) to be used for the purchase of a brush truck. 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 Company agrees that the County will withhold Five Thousand Four Hundred Sixty-Eight
Dollars and Seventy-five Cents ($5,468.75) from the County’s annual appropriation to the Fire
Company’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 $43,750.00 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 agreements with the Fire Company dated February 3, 1993 and September 9, 1999. The Fire
Company 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 Company agrees that the Forty-three Thousand Seven Hundred Fifty Dollars ($43,750.00)
contribution shall be used only for the purchase of the brush truck to be used to provide fire services in
Albemarle County. The Fire Company further agrees that it shall not convey the brush truck or any
interest therein to any party other than the County without the County's prior written consent during the
useful life of the brush truck or the term of this Service Agreement, whichever is longer. For purposes
of this Agreement, the useful life of the brush truck shall be ten years from the date the brush truck is
placed into service. In addition, the Fire Company agrees that any insurance proceeds received from a
claim related to any damage to the brush truck shall be used entirely for the immediate repair and
improvement of the brush truck unless the County expressly authorizes in writing a different use for
such funds.
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4. The Fire Company 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 Company agree that the covenants set forth in their prior agreements dated
February 3, 1993 and September 9, 1999, to the extent they are not in conflict with this Agreement,
shall remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the County to the
Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment
the services to be provided by the Fire Company.
Witness the following signatures and seals:
COUNTY OF ALBEMARLE, VIRGINIA
_______________________ By: ______________________________________
Date ROBERT W. TUCKER, JR., County Executive
EARLYSVILLE VOLUNTEER FIRE COMPANY, INC.
_______________________ By: ________________________________
Date
Service Agreement
THIS AGREEMENT, made this ______ day of _________________, 200___, by
and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the “County”), and the
SCOTTSVILLE 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 Ninety Thousand Dollars ($90,000.00)
for the purchase of air packs for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire
Department agree, as follows:
7. The County shall contribute to the Fire Department Ninety Thousand Dollars ($90,000.00) to be used
for the purchase of air packs. The funds shall be allocated from the County’s Fire Fund (“Fund”) and
shall be made available upon execution of this agreement.
8. The Fire Department agrees that the County will withhold Eleven Thousand Two Hundred Fifty
Dollars ($11,250.00) 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 $90,000.00 shall be withheld. This withholding may be used by the County
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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 October 13, 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.
9. The Fire Department agrees that the Ninety Thousand Dollars ($90,000.00) contribution shall be used
only for the purchase of air packs to be used to provide fire services in Albemarle County. The Fire
Department further agrees that it shall not convey the air packs or any interest therein to any party
other than the County without the County's prior written consent during the useful life of the air packs
or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful
life of the air packs shall be ten years from the date the air packs are placed into service. In addition,
the Fire Department agrees that any insurance proceeds received from a claim related to any damage to
the air packs shall be used entirely for the immediate repair and improvement of the air packs unless
the County expressly authorizes in writing a different use for such funds.
10. 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 air packs described in paragraph 1 to the County at no additional cost to the County upon
the County’s request.
11. The County and Fire Department agree that the covenants set forth in their prior agreement dated
October 13, 2000, to the extent they are not in conflict with this Agreement, shall remain in full force
and effect.
12. 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
SCOTTSVILLE VOLUNTEER FIRE DEPARTMENT, INC.
_______________________ By: ________________________________
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Attachment 2
RESOLUTION OF THE BOARD OF SUPERVISORS
THE ALBEMARLE COUNTY BOARD OF SUPERVISORS HELD THEIR REGULAR MONTHLY
MEETING ON JANUARY 15, 2003, AT 6:00 P.M. IN THE BOARD OF SUPERVISORS MEETING ROOM
IN THE COUNTY OFFICE BUILDING.
THERE WERE PRESENT: DAVID P. BOWERMAN; LINDSAY G. DORRIER, JR.;
CHARLES S. MARTIN; WALTER F. PERKINS; DENNIS S. ROOKER; AND SALLY H. THOMAS
OTHERS PRESENT: ROBERT W. TUCKER, JR., COUNTY EXECUTIVE; LARRY W. DAVIS,
COUNTY ATTORNEY; AND ELLA W. CAREY, CLERK
*******************
BE IT THEREFORE RESOLVED by the Board to award the financing bid as recommended by
the County Executive AND BE IT FURTHER RESOLVED, by the Board to authorize the County
Executive and County Attorney to execute pertinent documents with SunTrust Bank for the County's
lease/purchase of computer software in the amount of $190,000.00 at the 3.10% rate.
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Attachment 3
CONDTIONS OF APPORVAL
Agenda Item No. 7. SP-2002-050. Shadwell Animal Hospital (Signs #60&61).
Request to allow veterinary office & hospital in accord w/Sec 22.2.2.5 & 5.1.11 of the Zoning Ord.
TM 79, P 19, contains 1.988 acs. Loc on S sd of Louisa Rd (Rt 22) approx 600 ft from intersec of
Rt 22 & Rt 250. Znd C-1 & EC. Scottsville Dist.
APPROVED SP-2002-050, by a vote of 6:0, subject to one condition.
1. An amended site plan showing the change in use shall be submitted for approval.
_______________
Agenda Item No. 8. SP-2002-057. Rivanna Ridge Giant Food Store-Outdoor
Sales/Display (Signs #72,73&75). Request to allow outdoor storage & display of merchandise
in accord w/Sec 30.6.3.2.b of the Zoning Ord. TM 78, Ps 73A&76. Loc on Rt 250 in Giant
Shopping Center. Znd PD-MC. Rivanna Dist.
APPROVED SP-2002-057, by a vote of 6:0, subject to nine conditions.
1. The site improvements shall be developed in general accord with the attached Minor Site
Plan Amendment, entitled Giant Food Outdoor Sales/Display exhibit, dated September 20,
2002;
2. The owner shall obtain an Architectural Review Board (ARB) Certificate of Appropriateness;
3. Items shall be displayed only in the areas of the covered walkway identified in green on the
plan submitted for ARB review, entitled “Ground Floor Plan,” dated August 2, 2001;
4. No additional lighting shall be introduced to the site for the purpose of illuminating this
display;
5. No new signage associated with this use shall be permitted. Pricing information shall not be
displayed higher than three (3) feet;
6. Display areas shall be located within five (5) feet of the front wall of the building;
7. Displayed items shall not exceed seven and one-half (7½) feet in height, except that in areas
where items are displayed in front of windows those items may not exceed window sill height,
but in no case can bagged mulch or bagged potting soil exceed three (3) feet in height;
8. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and
bagged potting soil; and
9. Sales not requiring permanent installations may also be conducted within the display area.
_________________
Agenda Item No. 9. SP-2002-058. Crozet Baptist Church Parsonage Amendment
(Signs #45&62). Request to allow office use in 2 existing church parsonages, in accord w/Sec
14.2.2.12 of the Zoning Ord. TM 56A1, Ps 82&100, contains 4.506 acs. Located on St. George
Ave approx 1/4 ml W of intersec of St. George & Crozet Avenue (Rt 810). Znd R-2 & designated
Neighborhood Density Residential (3-6 du/ac) in Comp Plan, in the Community of Crozet. White
Hall Dist.
APPROVED SP-2002-060, by a vote of 6:0, subject to three conditions.
1. There shall be no day care center or private school on site without a separate special use
permit;
2. Any enlargement or expansion of the church use or structures will require an amendment to
the Special Permit (SP-2002-058); and
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3. The use of the residences/parsonages for Sunday School/educational classes/office use shall
be permitted only on the first floor of each residence/parsonage located on Tax Map 56A1,
Section 1, Parcels 82 and 100.
___________________
Agenda Item No. 10. SP-2002-060. Floral Images (Sign #43). Request to allow for
floral arrangement business in accord w/Sec 10.2.2.32 & 5.2 of the Zoning Ord. TM 55, P 99,
contains 2.69 acs. Loc on W sd of Yancey Mill Lane (Rt 825), approx .25 mls SE from the
intersec of Rt 825 & Rt 250 West (Rockfish Gap Turnpike). Znd RA. White Hall Dist.
APPROVED SP-2002-060, by a vote of 6:0, subject to one condition.
1. There shall be no more than seven (7) clients per week on the premises.
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Attachment 4
RESOLUTION OF SUPPORT
HB 1397
ALBEMARLE COUNTY BOARD OF SUPERVISORS
WHEREAS, sixty-two percent of the revenue generated by Virginia’s local governments to pay for
local services is generated at the local level; and
WHEREAS, seventy-five percent of this local revenue is derived from four sources: the real
estate tax, the personal property tax, charges for services, and the sales tax; and
WHEREAS, the real estate tax makes up the largest portion of local revenue; and
WHEREAS, because counties have very few unrestricted revenue options available, the burden
to balance county budgets often falls on the real estate tax; and
WHEREAS, counties in Virginia need to diversify their revenue base to reduce the burden on the
real estate tax; and
WHEREAS, the Code of Virginia sets forth specific financial powers for cities and towns that are
not provided to counties; and
WHEREAS, Section 15.2-1104 of the Code of Virginia gives cities and towns the ability to levy
cigarette taxes and admissions taxes, levy transient occupancy taxes without a cap or restrictions, and
levy a meals tax without a cap and without holding a voter referendum; and
WHEREAS, Section 15.2 of the Code of Virginia should be amended to grant counties the same
powers of taxation as cities and towns; and
WHEREAS, HB 1397 (Hull) amends Sections 15.2-204 and 15.2-1200 of the Code of Virginia to
grant counties the same powers of taxation as cities and towns; and
NOW, THEREFORE, BE IT RESOLVED, that Albemarle County supports HB 1397 and urges its
General Assembly delegation to support HB 1397 in the 2003 General Assembly.