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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. 1 • 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 2 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. 3 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 4 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: ________________________________ 5 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. 6 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 7 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. 8 9 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.