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ACTIONS
Board of Supervisors of November 9, 2005
3:30 P.M., Room 235
November 11, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 3:32 p.m. by the
Vice-Chairman, Mr. Boyd (note: Mr. Rooker
arrived at 3:34 p.m.). All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Tom Foley, Dan Eggleston and Debi
Moyers.
2a. Work Session: Transportation Strategies.
• HELD.
• CONSENSUS of the Board for staff to bring
back additional information on the requested
Transportation Engineer position.
Clerk: Schedule on December 7th agenda.
2b. Work Session: Fire/Rescue.
• HELD.
• CONSENSUS of the Board to approve the
Guiding Principles, Expectations and Goals as
presented by staff and for staff and Mr. Wyant
to meet with Fire Rescue Advisory Board to
review.
3. Recess.
• The Board recessed and went into closed
session at 5:32 p.m. to discuss with legal
counsel and staff specific legal issues regarding
an existing interjurisdictional agreement and the
negotiation of a contract.
ACTIONS
Board of Supervisors of November 9, 2005
6:00 P.M., Meeting Room 241
AGENDA ITEM/ACTION
ASSIGNMENT
4. Reconvene and Call to Order.
• Meeting was called to order at 6:00 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, V. Wayne Cilimberg and Debi Moyers.
Non-Agenda.
Certify Closed Session.
At 6:00 p.m. the Board reconvened into open
session and certified the closed session.
7. From the Public: Matters Not Listed on the Agenda.
• Neil Williamson, with the Free Enterprise
Forum, spoke about Consent Agenda Item 9.4.,
Policy on Submission of Materials for Zoning
Applications. Stated the policy is in need of
additional review. Encouraged the Board to
engage the community in a discussion on how
the system can be built so that it better serves
the citizens.
• Tom Loach, a resident of Crozet, discussed
what appeared to be a major discrepancy in the
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Old Trail rezoning and the approved Crozet
Master Plan
• Barbara Nordin, who writes the Fearless
Consumer column for The Hook, asked why the
County Police continues to dispatch towing
calls to Lethal Wrecker. Because of their
business practices, the City and University no
longer use their services.
• Valerie Long commented on the proposal that is
on the Consent Agenda regarding the timely
submission of materials for rezonings and other
actions. Echoed comments from Neil
Williamson and suggested that the Board
consider forming a small ad hoc committee with
representatives from the Planning staff, Zoning
staff, applicants, landowners, and community
citizens to try and talk about the problem in a
more comprehensive fashion. Would be
happy to participate and try to come up with a
way to address everyone’s concerns and need
for timely information. Said proposal is a Band-
Aid for a solution that may not help fix the
problem.
• John Martin, who lives in Free Union, spoke
about a recent court ruling in which the courts
upheld a decision that makes it unlawful for an
individual to campaign on commercial property
without the property owner’s agreement. Urged
the Board to look into this matter.
8a. Recognition: House Joint Resolution recognizing
Walter Perkins, presented by Delegate Landes.
• Delegate Landes read and presented House
Joint Resolution No. 726 to Joanne Perkins in
memory of Walter Perkins.
8b. Recognition: Tre Harris, Charlottesville Triathlon
Club.
• Thanked the Board of Supervisors and
Albemarle County for allowing Charlottesville
Triathlon Club to stage their races at Walnut
Creek Park over the summer. The use of the
park allowed them to donate $15,000. to four
beneficiaries: the Childhood Obesity Task
Force, the Free Clinic, the Virginia Institute of
Autism, and the Boy’s and Girl’s Club of
Charlottesville/Albemarle.
9.2 Key West Lake Dam Easements.
• AUTHORIZED County Executive to sign the
five (5) Permanent Access and Maintenance
Easements.
County Attorney: Provide Clerk with copy of
signed documents.
9.3 Endorsement to Operate as an Advanced Life
Support (ALS) EMS Agency.
• ENDORSED the upgrade of Seminole Trail Fire
Department’s EMS License from BLS to ALS
Transport.
Dan Eggleston: Notify Seminole Trail Fire
Department.
9.4 Policy on Submission of Materials for Zoning
Applications (deferred from November 2, 2005).
• DEFERRED.
• Mr. Tucker stated staff will review policy with
Clerk: Schedule on December 7th Consent
Agenda.
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Free Enterprise Forum, Valerie Long and/or
other appropriate entities.
10. Annual Real Estate Reassessment Ordinance.
• ADOPTED attached ordinance, by a vote of
6:0, to establish an annual reassessment of real
property effective January 1, 2007.
Clerk: Forward adopted ordinance to County
Attorney’s office for inclusion in next update of
County Code and copy Finance and County
Assessor’s office.
(Attachment 1)
11. SP-2004-024. Northtown Center (Sign #8).
• APPROVED SP-2004-024, by a vote of 6:0,
subject to the one condition recommended by
the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 2)
12. From the Board: Matters Not Listed on the Agenda.
David Wyant:
• Wanted to know how the County will deal with
small businesses in the Rural Plan. He has
discussed the issue with the Zoning
Administrator, but it is something that the
County will need to deal with.
Sally Thomas:
• Discussed Mr. Martin’s concerns about
regulating free speech in commercial areas.
Dennis Rooker:
• Discussed the Lethal Wrecker issue.
• He asked for a report back from staff on the
density of Old Trail.
13. Adjourn.
• The meeting was adjourned at 7:22 p.m.
/djm
Attachment 1 – Annual Real Estate Reassessment Ordinance
Attachment 2 – Conditions of Approval for Planning Item
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ATTACHMENT 1
ORDINANCE NO. 05-15(3)
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE – 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 X, Real Estate - In General, is hereby amended and reordained as follows:
By Amending:
Sec. 15-1000 Biennial assessment of real estate.
Sec. 15-1002 Time limits for appeals of real estate assessments.
CHAPTER 15. TAXATION
ARTICLE X. REAL ESTATE - IN GENERAL
Sec. 15-1000 Annual assessment of real estate.
A. All real estate in the county shall be assessed annually for purposes of taxation by the
director of finance of the county as of January 1 of each year.
B. The office of real estate assessments of the county shall annually conduct a new
reassessment of all real property to be applicable for the tax year beginning January 1, 2007, and every
tax year thereafter.
C. All assessments of real estate in the county shall be made at one hundred percent
(100%) of fair market value.
(§ 8-1.1, 11-3-76; Ord. of 2-5-92; Code 1988, § 8-64; Ord. 98-A(1), 8-5-98)
State law reference--Authority to impose tax generally, Constitution of Virginia, Article X, Section 4; Va. Code §§ 58.1-
3200 et seq.; Biennial reassessment methods, Va. Code § 58.1-3253; amount of assessment, Constitution of Virginia, Article X,
Section 2, Va. Code § 58.1-3201.
Sec. 15-1002 Time limits for appeals of real estate assessments.
A. Pursuant to the provisions of Virginia Code § 58.1-3330, all applications for appeals from
any annual assessment of real estate must be made by the property owner or lessee to the county
assessor by the last business day of February of the year in which the assessment takes effect. A
property owner or lessee may also appeal any annual assessment by making an application directly to
the board of equalization by March 15 of the year in which the assessment takes effect, or if an appeal
has been made to the county assessor within thirty (30) days from the date of the decision of the county
assessor, denying an appeal for such assessment, whichever date is later.
B. Applications for appeals from any supplemental assessment or pro rata assessment for
new construction assessed between January 1 and October 31 must be made by the property owner or
lessee to the county assessor within fifteen (15) days of the date of the notice of the supplemental or pro
rata assessment. A property owner or lessee may also appeal any supplemental or pro rata assessment
by making an application directly to the board of equalization within thirty (30) days of the date of the
notice of the supplemental or pro rata assessment, or if an appeal has been made to the county assessor
within thirty (30) days from the date of the decision of the county assessor denying an appeal for such
supplemental or pro rata assessment, whichever date is later.
C. The board of equalization shall finally dispose of all annual assessment appeals by
September 1 of the year in which the assessment takes effect and of all supplemental or pro rata
assessment appeals for new construction by December 31 of the year in which the supplemental or pro
rata assessment takes effect.
(§ 8-1.7, 7-12-89; Ord. of 2-5-92; § 8-66, 3-4-98; Ord. 98-A(1), 8-5-98)
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State law reference--Va. Code §§ 58.1-3330, 58.1-3378.
This ordinance shall be effective on and after January 1, 2007.
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ATTACHMENT 2
SP-2004-024. Northtown Center (Sign #8). Public hearing on a request in accord w/Sec
24.2.2(13) of the Zoning Ord for drive-in window for bank. TM 45, Ps 110,110A,111,111A&111B. The
subject parcel contains approx 15.9 acs. Znd HC,EC&AIA. Loc on E side of Seminole Trail (US Rt 29 N)
immediately opposite Lowes & Kegler's. (Also subject of SDP-2004-45. Northtown Center Preliminary
Site Plan.) Rio Dist.
1. A by-pass lane, sixteen (16) feet minimum width shall be provided. Striping and lane widths
must be shown on the final plan.