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HomeMy WebLinkAbout20061101actionsACTIONS Board of Supervisors Meeting of November 1, 2006 November 3, 2006 1. Call to Order. • Meeting was called to order at 9:08 by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, Ella Carey and Meagan Hoy. 4. Recognitions. • Chairman Rooker read a proclamation recognizing National Philanthropy Day. Clerk: Forward proclamation. (Attachment 1) 5. From the Public: Matters Not Listed on the Agenda. • Donna Barnd, a resident of Whippoorwill Hollow, expressed support for the proposed firearms ordinance. • Dave Phillips, Chairman of the Save the Fireworks Foundation, thanked the Board for their support of the McIntire Park fireworks, and he updated the Board on the success of the event. • Jeff Werner, Piedmont Environmental Council, provided Board members with a draft of a document he is currently working on relative to new dwelling units and population growth projections in Albemarle and the City of Charlottesville. • John Joann, a County resident, voiced concern about cell phone towers, and asked the Board to ban construction of additional cell phone towers, or limit the number of towers that it allows in the County. • Jennifer Salzberger, a County resident, expressed support for the proposed firearms ordinance. • Donald Hanky spoke in opposition to the proposed firearms ordinance. • Roger Mathias spoke in opposition to the proposed firearms ordinance. • John Martin reminded the Board that Janice Garrison was killed on her own property in a hunting related incident. 6.1 FY 2007 Appropriations in the amount of $328,419.96. • APPROVED the FY 2007 appropriations #2007021, #2007028, #2007029, #2007031, #2007032, and #20077033 Clerk: Forward signed appropriation forms to OMB, Finance, and appropriate individuals. 6.2 FY 2005-06 ACE appraisals; Resolution accepting FY 2004-05 landowners offers to sell conservation easement. • ADOPTED the attached resolution accepting the FY 2004-05 applicant pool landowners’ respective offers to sell a conservation easement to the County, for the price specified and subject to the terms and conditions Clerk: Forward resolution to Ches Goodall. (Attachment 2) Ches Goodall: Proceed as directed. contained in the proposed deed of easement, and AUTHORIZED the County Executive to sign the final deed of easement for each property • ACCEPTED the five appraisals by Pape and Company for applications from the FY 2005-06 applicant pool, as set out in the Executive Summary. • APPROVED extending invitations to submit offers to sell to the top five ranked FY 2005-06 applicants, which are the Huckleberry Hill Farm, Chester, Fields, Hook and Motley properties, as set out in the Executive Summary. 6.3 Whittington PRD Amendment- Request to set public hearing to amend the Jurisdictional Area Boundary of the ACSA. • DENIED request to proceed to public hearing. David Benish: Notify applicant. 6.4 Red Hill Community Well- Request to set a public hearing to amend the Jurisdictional Area Boundary of the ACSA. • SET public hearing for December 13, 2006. Clerk: Advertise and schedule on agenda 6.5 Airport Property- Request to set public hearing to amend the Jurisdictional Area Boundary of the ACSA. • SET public hearing for December 6, 2006. Clerk: Advertise and schedule on agenda 6.6 Request to set a public hearing to amend the County Code, Section 4-213, to add Section One of Corville Farm Subdivision as an area where it is unlawful for the owner of any dog to permit such dog to run at large. • Set public hearing for December 6, 2006. Clerk: Advertise and schedule on agenda 6.7 FY 2006 Budget Appropriations in the amount of $172,523.24. • APPROVED the FY 2006 appropriation #2006097 Clerk: Forward signed appropriation form to OMB, Finance, and appropriate individuals. 7a. VDoT Monthly Report for November 2006 • RECEIVED 7b. Transportation Matters not listed on the Agenda. Alan Sumpter: • He thanked Mr. Rooker, Ms. Thomas, and Mr. Boyd for riding their areas of the County with him, and he looks forward to scheduling rides with Mr. Slutzky, Mr. Dorrier, and Mr. Wyant. • Work will begin on White Mountain Road next week. • There is pre-soaked timber under the surface of Millington Bridge. A permanent solution is needed, and in the meantime, VDoT will maintain it as best they can. Mr. Sumpter will get with the Structure and Bridge Division to discuss possible solutions. • Review of the traffic signal at Austin Drive has been done, and a “no right turn signal” will not be conducive to the function of the traffic Clerk: Forward Actions to VDoT. signal. VDoT will look at synchronizing this signal with the signal on Boulders Boulevard. • VDoT staff has been working with Sherry Whittaker to identify areas where brush needs to cut to assist the school buses with sight distance. • Dawson Lane is not in the State System; it is a private road. He will be glad to look at the road with Mr. Dorrier. • Route 20 South speed study results will be back sometime this month from Traffic Engineering. • He has been working with the Town of Scottsville on their streetscape project. • He will discuss traffic issues at Hessian Hill with Mr. Rooker at a later time. • VDoT has moved one of the twelve foot signs, closet to the soccer field, on Polo Grounds Road. There is still debate about the signage that is closest to the intersection. • On Route 20 North, the through study with the lane at the traffic light will be synchronized with Elks Drive. • Regarding the Profit Road Bridge request for the Fire Department, the Railroad will overnight data to VDoT’s Structure and Bridge department, and more analysis will be needed. Hope to know something in the next couple of weeks. David Slutzky: • The intersection of Route 29 and Hydraulic Road is not on the report, and he would like to know the status. Mr. Sumpter advised that the traffic engineers have discovered issues with the left turn movements at that intersection. They are completing further review. Mr. Slutzky would like this to show up as part of the report in the future. • Met with the Neighborhood Association of Dunlora, they would like for synchronization of the light at Rio, Greenbrier, with the one at Pen Park. He would like VDoT to take a look at that situation. Ken Boyd: • Asked about the Polo Grounds underpass. Mr. Sumpter said he will schedule a time with his traffic staff to share some ideas and see if they are possible. • Asked if the Meadow Creek process is slowing down. Mr. Sumpter provided an update. Mr. Boyd asked that the Board be advised if this project gets to a point where availability of funds is slowing down the process. Mr. Rooker asked for the status on right-of-way acquisition process. Mr. Rooker asked for a list of the specific parcels, the owners, and what the status of each parcel. • Asked about the status of the Eastern Connector Study. Mr. Graham said the contract has been reviewed and is in the process of getting signed. David Wyant: • Asked for VDoT’s paving schedule for 2007. • Asked about the completion date on the Old Ivy Road Bridge. • Asked that the emergency vehicle sensors on the traffic lights be put onto the three traffic lights in Crozet, in front of the schools. Dennis Rooker: • Asked if Mr. Sumpter had read the Georgetown Road file. Mr. Sumpter said he is setting up a meeting with Joel to discuss the history. Mr. Rooker said would like to part of this discussion. 8. Discussion: Proposed amendment to Firearms Ordinance • DEFERRED and asked the County Attorney to address issues raised at the Board meeting regarding dwelling and distance aspects. County Attorney: Respond to Board issues. Clerk: Schedule on December 13th, 2006. 9. Crozet Community Advisory Council Update. • RECEIVED. 10. Northern Fire/Rescue Station Review and Update. • Requested staff bring back information on Value Engineering and the bidding process. • APPROVED staff’s recommendation to negotiate with the apparent low bidder in an attempt to save costs where quality and long term maintenance will not suffer, nor redesign the project that would require additional reviews by the UVA Design Review Committee, County ARB, or County Community Development Department. Staff: Proceed as directed. 11. Human Services Investment Report. • RECEIVED. 12. Item removed from the agenda. 13. Closed Session. Personal and Legal matters. • At 12:00 p.m., the Board went into closed session to consider appointment to boards, committees, and commissions; to discuss the acquisition of property necessary for an addition to a County library; and to consult with legal counsel regarding specific legal matters requiring legal advice relating to county records. 14. Certify Closed Session. • At 2:00 p.m., the Board reconvened into open session in the Lane Auditorium and certified the closed session. 15. Boards and Commissions: Appointments. • APPOINTED Amy Laufer to the Commission Clerk: Prepare appointment letters, update Boards and Commissions book and website, on Children and Families. • APPOINTED Paul Beyer, Ida Simmons, and Shirley Terrell to the Housing Committee. • APPOINTED Alan Collier as the Rivanna District Representative to the Equalization Board. • APPOINTED Rosa Hudson as the Scottsville District Representative to the Equalization Board. and notify appropriate persons. 16. Ordiance to amend Chapter 15, Taxation, of the Albemarle County Code, Section 15-704, Persons Eligible for Exemption. • Mr. Boyd asked for a list of the value of the property that is being excluded. • ADOPTED by a vote of 6:0, the proposed ordinance as advertised. Richard Wiggans: Provide information requested. Clerk: Forward copy of ordinance to County Attorney’s office and Finance Department. (Attachment 3) 17. Ordinance to amend Chapter 15, Taxation, of the Albemarle County Code, Section 15-601, Property Exempt from Taxation by Classification. • ADOPTED, by a vote of 6:0, ordinance as advertised. Clerk: Forward copy of ordinance to County Attorney’s office and Finance Department. (Attachment 4) 18. ZMA-2006-010 Charlottesville-Albemarle Airport – Pleasant Grove Baptist Church (Sign #39) • APPROVED, ZMA-2006-010, by a vote of 6:0. 19. SP-2006-024 Charlottesville-Albemarle Airport Pleasant Grove Baptist Church (Sign #39) • APPROVED SP-2006-24, subject to the eleven conditions recommended by Planning Commission. Clerk: Set out conditions of approval. (Attachment 5) 20. ZMA-2006-007. Hollymead Town Center, Area B Proffer Amendment (Signs #80, 86, 87) • APPROVED, ZMA-2006-007, by a vote of 5:1, to allow revision of the proffer for the Meeting Street half section which proposes to extend the deadline to construct and have the road accepted by VDoT by June 15, 2007. 21. Discussion: Crozet Library – Site Selection • APPROVED, by a vote of 6:0, selection of the Harris/Amato site for the Crozet Library. 22. Joint Board Financial Work Session with School Board. • HELD • School Board members asked the Board to consider changing the April 4th budget public hearing to accommodate the School’s Spring break schedule. County Executive staff: Look at budget schedule. 23. From the Board: Committee Reports and matters not Listed on the Agenda. Sally Thomas: • She gave a handout that would challenge the Board to think of all the ways to protect the rural area. She has a long list that she will share with the Board next month. • She asked for suggestions on a member for the Board to appoint to the Rivanna River Commission. • Mayor David Brown is appointing an energy conservation brainstorming group, and asked Ms. Thomas if she could serve on the group. There was no objection from Board members. 24. Adjourn to November 29, 2006, 10:00 a.m., for Joint Transit Work Session with Charlottesville City Council, at the Charlottesville-Albemarle Visitor’s Center (mezzanine level of the Market St. parking garage). • At 7:11 p.m., the meeting was adjourned to November 29. /mrh Attachment 1 – Proclamation – National Philanthropy Day Attachment 2 – Resolution – ACE Program Attachment 3 – Ordinance – Real Estate Exemption Attachment 4 – Ordinance – Nonprofit hospitals Attachment 5 – Conditions of Approval for Planning items ATTACHMENT 1 National Philanthropy Day Whereas, philanthropic organizations are responsible for enhancing the quality of life of people; and Whereas, philanthropy is a uniquely American tradition and our American nonprofit sector is the model for countries around the world; and Whereas, voluntary associations formed to address societal needs are an integral part of American society; and Whereas, the history of American philanthropy is filled with the names of the earliest Americans, and their efforts spawned universities, free public libraries, home for widows and orphans, and volunteer fire departments, to name a few; and Whereas, in 2005 Americans gave $260.28 billion, a rise of 6.1 percent, estimated to be 2.1 percent of Gross Domestic Product; and Whereas, in 2005, 83.94 million American adults volunteered, representing the equivalent of over 9 million full-time employees at a value of $239 billion; and Whereas, four in five charities use volunteers and the estimated dollar value of a volunteer is $18.04 per hour, and Whereas, America’s nonprofit sector now accounts for nearly 10 percent of the American workforce; and Whereas, today the nonprofit sector affects nearly every citizen in one way or another, from museums and concerts, school-sponsored day trips, the little leagues and other groups that enrich our youth, to social services agencies that provide food, clothing, housing and training for those less fortunate. Now, Therefore, Be It Resolved, that I, Dennis S. Rooker, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby proclaim November 15, 2006, to be National Philanthropy Day in Albemarle County, and urge all citizens to recognize the tradition of philanthropy as it continues to improve and enhance the lives of all by promoting the common good. ATTACHMENT 2 RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner(s) of the following properties: Vieille, Jean & Catherine TM 56, Parcel 113 (269.200 acres) Boyle, Marilyn TM 95, Parcel 1 ( 93.540 acres) TM 95, Parcel 18 ( 14.180 acres) Total (107.720 acres) Donnelly, Thomas TM 120, Parcel 17 (161.590 acres) WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County’s invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to sell a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. ATTACHMENT 3 ORDINANCE NO. 06-15(3) 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. 15-704 Persons eligible for exemption Sec. 15-705 Amount of exemption CHAPTER 15. TAXATION ARTICLE VII. REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS 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: 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 fifty thousand dollars ($50,000.00) for the calendar year immediately preceding the taxable year. F. The net combined financial worth shall not exceed one hundred twenty-five thousand dollars ($125,000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. (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; Ord. 04-15(2), 12-1-04, effective 1-1-05; Ord. 06-15(3), 11-1-06, effective 1-1-07) State law reference—Va. Code §§ 58.1-3210, 58.1-3211, 58.1-3212, 58.1-3214, 58.1-3215. Sec. 15-705 Amount of exemption. The amount of the exemption established by this article from the real estate tax for any taxable year shall be as follows: Percentage of Real Estate Tax Exempted Net Combined Financial Worth $0- $85,000 $85,001- $105,000 $105,001-$125,000 $0-$20,000 100.0% 90.0% 80.0% $20,001-$30,000 75.0% 67.5% 60.0% $30,001-$40,000 50.0% 45.0% 40.0% $40,001-$50,000 25.0% 22.5% 20.0% Total Combined Income Over $50,000 0.0% 0.0% 0.0% (2-15-73; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, § 8-27; Ord. 98-A(1), 8-5-98; Ord. 00-15(2), 9-20-00; Ord. 04-15(2), 12-1-04; Ord. 06-15(3), 11-1-06, effective 1-1-07) State law reference—Va. Code § 58.1-3212. This ordinance shall be effective on and after January 1, 2007. ATTACHMENT 4 ORDINANCE NO. 06-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE XVI, PROPERTY EXEMPTED FROM TAXATION, 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 XVI, Property Exempted From Taxation, is hereby amended and reordained as follows: By Amending: Sec. 15-1601 Property exempt from taxation by classification. CHAPTER 15. TAXATION ARTICLE XVI. PROPERTY EXEMPTED FROM TAXATION Sec. 15-1601 Property exempt from taxation by classification. A. Pursuant to the authority granted in Article X, Section 6 (a) (6) of the Constitution of Virginia to exempt property from taxation by classification, the following classes of real and personal property shall be exempt from taxation: 1. Property owned directly or indirectly by the Commonwealth, or any political subdivision thereof. 2. Buildings with land they actually occupy, and the furniture and furnishings therein owned by churches or religious bodies and exclusively occupied or used for religious worship or for the residence of the minister of any church or religious body, and such additional adjacent land reasonably necessary for the convenient use of any such building. 3. Nonprofit private or public burying grounds or cemeteries. 4. Property owned by public libraries, law libraries of local bar associations when the same are used or available for use by a state court or courts or the judge or judges thereof, medical libraries of local medical associations when the same are used or available for use by state health officials, incorporated colleges or other institutions of learning not conducted for profit. This paragraph shall apply only to property primarily used for literary, scientific or educational purposes or purposes incidental thereto and shall not apply to industrial schools which sell their products to other than their own employees or students. 5. Property belonging to and actually and exclusively occupied and used by the Young Men’s Christian Associations and similar religious associations, including religious mission boards and associations, orphan or other asylums, reformatories and nunneries, conducted not for profit but exclusively as charities. 6. Parks or playgrounds held by trustees for the perpetual use of the general public. 7. Buildings with the land they actually occupy, and the furniture and furnishings therein belonging to any benevolent or charitable organization and used by it exclusively for lodge purposes or meeting rooms, together with such additional adjacent land as may be necessary for the convenient use of the buildings for such purposes. 8. Property of any nonprofit corporation organized to establish and maintain a museum. 9. Property owned by hospitals conducted not for profit but exclusively as charities (which shall include hospitals operated by onstick corporations not organized or conducted for profit but which may charge persons able to pay in whole or in part for their care and treatment), provided such property is either occupied or used (i) as a general licensed inpatient hospital or (ii) as a licensed outpatient hospital immediately adjacent to a general licensed inpatient hospital that has qualified for tax exemption pursuant to this section. Any portion of the property owned by such hospital that is either leased to a third-party or not used for hospital purposes shall not be exempt from taxation under this subsection. State law reference—Property exempt from taxation by classification or designation by ordinance adopted by local governing body on or after January 1, 2003, Va. Code § 58.1-3651; Va. Code § 58.1-3606. Pursuant to Enactment Clause 2 of Chapter 557 of the 2004 Acts of Assembly, this ordinance shall be effective as of January 1, 2003. (Ord. 04-15(1), 9-1-04, effective retroactive to January 1, 2003; Ord. 06-15(2), 11-1-06, effective 1-1-07) This ordinance shall be effective on and after January 1, 2007. ATTACHMENT 5 CONDITIONS OF APPROVAL SP-2006-024. Charlottesville-Albemarle Airport – Pleasant Grove Baptist Church (Sign #39): PROPOSED: New church building. ZONING CATEGORY/GENERAL USAGE: LI - Light Industrial - industrial, office, and limited commercial uses (no residential use); Airport Impact Area. SECTION: 10.2.2 (35). LOCATION: Earlysville Road between Route 606 (Dickerson Road), Walnut Hills Subdivision. MAGISTERIAL DISTRICT: White Hall. 1. Special Use Permit 2006-24 shall be developed in general accord with the following: “Proposed 2.000 acre division off of Tax Map 31, Parcel 27A” prepared by Kirk Hughes and Associates and Concept plan dated June 23, 2006, prepared by Kirk Hughes and Associates, and titled “Pleasant Grove Baptist Church” (Attachments A1 and A2); 2. A site development plan shall be required; 3. Setbacks for the church property shall be seventy-five (75) feet front, twenty-five (25) feet sides, and thirty-five (35) feet rear; 4. A twenty (20) foot buffer (no disturbance zone) shall be maintained continuous along the boundary between the church property and TMP 31-23J to the north; 5. A fifty (50) foot buffer (no disturbance zone) shall be established the full length of the easternmost property boundary of the church parcel; a tree protection plan shall be required as part of site plan approval; 6. Sanctuary and classroom expansion, or the addition of day care and other non-worship uses, will require amendment to this petition; 7. Section 14-404 is waived to allow for a separate vehicular entrance from Earlysville Road serving the church parcel only; 8. VDOT approval of vehicular entrance shall be required; 9. Virginia State Health Department approval of well and septic systems shall be required; 10. The applicant is required to coordinate verification of adequate fire flow with the Fire Department during the building permit process; and 11. Five (5) years shall be allowed from the date of approval of this Special Use Permit to the commencement of the use.