HomeMy WebLinkAbout20100707actions 1
ACTIONS
Board of Supervisors Meeting of July 7, 2010
July 19, 2010
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:04 a.m. by the
Chair, Ann Mallek. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan, and Meagan Hoy.
4. Recognitions.
• There were none.
5. From the Board: Matters not listed on the Agenda.
Rodney Thomas:
• Provided Board members with a copy of a
request he received from the family of Mr.
George Frazier to name to the bridge on Route
600, Rea’s Ford Road, as the “George Frazier
Memorial Bridge”. He noted that Mr. Frazier
served in World War II. Asked Board members
to review the materials and let him know if they
support going forward with the request.
Ken Boyd:
• Discussed the use of alternate road standards
in Ashcroft PRD. DIRECTED staff to bring back
an amendment to an ordinance to allow for a
waiver of road standards in old planned
developments.
• Reported on his and Mr. Thomas’ meeting with
the Fire Rescue Ordinance Committee. They
asked the Committee to provide any suggested
comments or modifications by July 15th.
SCHEDULED August 11, 2010 public hearing
on the proposed ordinance.
• Announced that he was recently appointed to
VACo’s Administrative Committee. Ms. Mallek
encouraged Board members to consider
volunteering to serve on VACo committees.
Duane Snow:
• Mentioned that he has communicated with
VDOT about their mowing schedule.
Dennis Rooker
• Mentioned a letter of complaint the Board
received from Jefferson Coin Shop regarding
businesses that travel from out of state and
other counties within Virginia, setting up short
term business locations, buying and selling
gold and silver, and not paying any local taxes.
Mr. Davis said staff is looking into the issue.
• Reported on a meeting he, Mr. Thomas and
County staff recently attended with the
Secretary of Transportation regarding things
the County is doing to improve traffic flow in
the Route 29 corridor. He and Mr. Thomas
have been invited to attend a meeting the
Secretary of Transportation set up for August
5th with several representatives from
Bill Fritz/Larry Davis: Proceed as directed.
Clerk: Schedule and advertise public hearing
as directed.
County Attorney: Provide report to Board.
2
Lynchburg to discuss the Route 29 corridor.
• Mentioned an announcement in Capital
Contact about the Governor’s Reform
Commission holding town hall meetings around
the state.
Lindsay Dorrier
• Announced that Scottsville had a successful 4th
of July parade and celebration.
Ann Mallek
• Mentioned a letter from the Department of
Conservation and Recreation regarding the
proposed designation of Route 800 in Nelson
County and Albemarle County as a Virginia
Byway. Mr. Tucker said that David Benish will
provide information to the Board on the
process.
• Updated Board members on a recent meeting
with an individual from E85 Fuel, the Clean
Cities initiatives group that is trying to facilitate
the sale of mixed flex fuel around the state.
She added that the Shell Station at Greenbrier
and Route 29 is the only one in this area that
sells mixed flex fuel.
• Participated in a panel discussion on the
County’s role with rural areas protection.
• Mentioned meeting Liz Povar of the
Partnership for Economic Development in
Richmond when she spoke to the LEED
Virginia alumnae group.
• Mentioned that the Board has received a
response from Rockydale Quarries Corporation
acknowledging receipt of the resolution and
that they are currently evaluating it.
Clerk/David Benish: Schedule for September 8
public hearing.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• John Martin, Vice-Chair of the Albemarle
County Service Authority, announced that the
ACSA and County have received a CDBG for
the Oak Hill sewer project in the amount of
$712,500.
• Steven Meeks, representing the Albemarle-
Charlottesville Historical Society provided an
update on the Hatton Ferry.
• Sharon Ackerman addressed the State’s and
County’s definition of shelter for dogs. Asked
the Board to consider updating the County
Code to address the places where dogs are
housed.
• Stacey Norris, founder of the House Project, a
community service project that builds wooden
dog houses with the help of area local schools
and boy scouts. Asked the Board to consider
legislation for anti-tethering in the County. Mr.
Rooker asked that staff report back to the
Board to include observations from Animal
Control, how an ordinance would be enforced,
and whether conditions are improved in places
where there are anti-tethering laws. Board
County Attorney: Proceed as requested.
Animal Control: Report back to Board.
3
members concurred.
7.2 FY 2010 Budget Amendment and Appropriations.
• APPROVED the budget amendment in the
amount of $304,929.49 and APPROVED
Appropriations #2010089, #2010090, #201091,
#2010092, #2010093, and #2010094.
Clerk: Forward copy of signed appropriations to
Finance, OMB and appropriate individuals.
7.3 2007 State Homeland Security Grant Program
(CFDA # 97.073) Resolution.
• ADOPTED Resolution authorizing either the
County Executive, the ECC Emergency
Management Coordinator or the ECC
Executive Director to execute all VDEM Grant
documents necessary for receipt of the 2007
State Homeland Security Grant.
Clerk: Forward signed resolution to Tom
Hanson and copy County Attorney’s office.
(Attachment 1)
7.4 FY 2010/11 Bright Stars Funding Update.
• APPROVED restoration of the Bright Stars
Program employee positions to 12 month
positions for FY 10/11.
Kathy Ralston: Proceed as approved.
7.4a Cancel August 11, 2010, Night Board Meeting.
• REMOVED from agenda.
• Mr. Dorrier noted that he would not be present
for this meeting.
8. Public Hearing: FY 2011 Budget Amendment and
Appropriations.
• APPROVED the FY 2011 Budget Amendment
in the amount of $15,939,815.11 and
APPROVED Appropriations #2011001,
#2011003, #2011004, #2011005, #2011006,
#2011007, #2011008, and #2011009 to
provide funds for various local government and
school projects and programs
Clerk: Forward copy of signed appropriations to
Finance, OMB and appropriate individuals.
9. Public Hearing: PROJECT: SP-2010-00001.
Earlysville Service Center.
• APPROVED SP-2010-0001, by a vote of 6:0,
subject to the 15 conditions recommended by
staff and the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 2)
10. Public Hearing: 10-03( ) – Agricultural and
Forestal Districts.
a. AFD-2010-6 Fox Mountain AFD – District
Additions.
b. AFD-2010-2; 2010-5 Hardware AFD – District
Additions.
c. AFD-2010-8 Hatton AFD – District Additions.
d. AFD-2010-7; 2010-10 Jacob’s Run AFD –
District Additions.
e. AFD-2010-3 Kinloch AFD – District Additions.
f. AFD-2010-4 Moorman’s River AFD – District
Additions.
• ADOPTED, by a vote of 6:0, Ordinance
No. 10-03(2).
Clerk: Forward copy of ordinance to
Community Development and County
Attorney’s office. Prepare letters on new
additions for Chair’s signature. (Attachment 3)
11. Board-to-Board, Monthly Communications Report
from School Board, Ron Price, School Board
Chairman.
• RECEIVED.
12. CIT and the Mental Health/Criminal Justice Cross
Mapping Project, Tom von Hemert.
• RECEIVED.
13. LEAP Update, Cynthia Adams
4
• RECEIVED.
NonAgenda. At 11:38 a.m., the Board recessed
and then reconvened at 11:49 a.m.
14. Whittington PRD Amendment - Request to amend
the Albemarle County Service Authority
Jurisdictional Area
• SET, by a vote of 6:0, for September 1 public
hearing.
Clerk: Advertise and schedule public hearing
on September 1.
15. Old Jail Reuse Study, Bill Letteri.
• DIRECTED the Historical Society to report
back to Board with the necessary physical,
legal, zoning and operational information
required in advance of their use and
occupancy of the facility.
Bill Letteri: Bring forward when ready to come
back to Board.
16. Closed Meeting.
• At 1:04 p.m., the Board went into closed
meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (1) to
consider appointments to boards, committees,
and commissions; under Subsection (1) to
discuss the performance of a specific individual
appointed by the Board; under Subsection (7)
to consult with legal counsel and staff
regarding pending litigation arising from a
claim against the County related to retirement
compensation; and under Subsection (7) to
consult with legal counsel and staff regarding
specific matters requiring legal advice related
to an interjurisdictional agreement.
17. Certify Closed Meeting.
• At 2:19 p.m., the Board reconvened and
certified the closed meeting.
18. Boards and Commissions: Appointments.
• There were none.
19. Albemarle County Department of Social Services
(ACDSS) Comparative Study.
• The Board concurred with the concept of
the County Executive convening a meeting
with City representatives to allow County
staff the opportunity to review the
information presented in the Executive
Summary and discuss the challenges
consolidation will pose to both jurisdictions
• It was the consensus of the Board while it
would be good to meet and review this
matter with the City, the obstacles to
achieving consolidation are numerous and
therefore may not merit moving forward
with further evaluation.
County Executive Staff: Schedule meeting with
City representatives.
20. Board Policy Related to Volunteer Fire/Rescue
Funding, Dan Eggleston.
• APPROVED, by a vote of 6:0, the ERVFD
request that the County initiate procurement for
the immediate replacement of the requested
tanker truck in accordance with County policy
with the understanding that the insurance
proceeds for the damaged tanker will be
applied to this procurement and planned
Staff/Dan Eggleston: Proceed as approved.
5
funding for this replacement vehicle in the out
years of the CIP will be eliminated;
• APPROVED, by a vote of 6:0, that a one-time
cash donation in the amount of $91,186 be
made to WARS contingent upon WARS co-
titling the rehabilitated ambulance with the
County prior to release of the cash donation
and a much more extensive and formal policy
being established by the Board to clarify
County expectations with respect to the use of
County funds for the purchase or restoration of
apparatus.
• DIRECTED, by a vote of 6:0, the County
Fire/Rescue Chief and Director of the Office of
Facilities Development (OFD), working in
conjunction with ACFRAB, to update SAP-
DEP-07 and SAP-DEP-026 to clarify, that
County Procurement Policy shall be adhered to
whenever any County funding is to be utilized
in acquisition or rehabilitation of apparatus;
and
• DIRECTED, by a vote of 6:0, the County’s
Fire/Rescue Chief, acting in conjunction with
the Director of Finance, as well as
representatives of ACFRAB, to establish a
policy to ensure that apparatus replacement
values are updated annually. This policy
should be formulated based upon best
management practices (BMPs) used by peer
jurisdictions that retain and pay for all volunteer
apparatus insurance. It shall further establish
clearer lines of responsibility/accountability for
ensuring replacement values are kept current.
In directing this action, the Board hereby
clearly establishes that it will no longer
consider funding replacement value “gaps”
arising from volunteer fire/rescue departments
having not updated apparatus replacement
values in conformance with this needed policy.
Proceeds received from the insurance
company should be transferred to the County
prior to executing any purchase order for
apparatus and any required balances being
debt financed.
21. From the Board: Matters Not Listed on the
Agenda.
Ken Boyd:
• Asked if staff would provide the Board with an
inventory/value of County owned properties.
Rodney Thomas:
• Brought up the issue of a certificate of
occupancy being issued for Abington Place in
Hollymead. Mr. Greg Kamptner advised that
the builder had posted the cash bond and that
the certificate of occupancy has been issued.
Ann Mallek:
• Updated the Board on her discussion with area
legislators regarding changes in legislation for
County Executive staff/Finance: Provide
information to Board.
6
agricultural and forestal districts regarding their
renewals, and all legislators are willing to carry
that forward. Mr. Davis said they are doing a
survey to find out how other jurisdictions
handle this issue. They are working on a
process at this time.
County Attorney’s Office: Provide Board with
update.
22. Adjourn.
• At 3:24 p.m., the meeting was adjourned to
July 14, 2010 at 6:00 p.m., Lane Auditorium.
ewj/mrh
Attachment 1 – Resolution - 2007 State Homeland Security Grant Program
Attachment 2 – Conditions of Approval - SP-2010-00001. Earlysville Service Center
Attachment 3 – Ordinance No. 10-03(2) – Agricultural and Forestal Districts
7
ATTACHMENT 1
8
ATTACHMENT 2
CONDITIONS OF APPROVAL
1. Development of the use shall be in accord with the conceptual plan titled “Amendment to Special
Use Permit SP200800025 Earlysville Service Center, 4036 Earlysville Road Earlysville, VA 22936”,
prepared by DW Enterprises and dated April 2, 2010 (hereafter, the “Conceptual Plan”), as
determined by the Director of Planning and the Zoning Administrator. To be in accord with the
Concept Plan, development shall reflect the following major elements within the development
essential to the design of the development:
a. The general area designated for the special use (public garage);
b. The size, height and location of the proposed building (no more than six thousand two
hundred [6,200] square feet/maximum thirty-five [35] feet high);
c. The location of the perimeter landscaping and limits of clearing, with the exception of
minimum clearing possible to install drainfields and utilities; and
d. The number of parking spaces (maximum forty-six [46] spaces) and general location/
arrangement of the parking spaces;
2. A public garage use on the C-1 Commercial district portion of TMP 31-14 shall be permanently
terminated upon issuance of a Certificate of Occupancy for the garage constructed with SP-2008-
25;
3. Additional landscape materials, either replanted from the area to be cleared for the garage site or
new landscape materials, shall be installed in the undisturbed buffer area inside the boundary of the
special use permit as may be necessary to achieve very little visibility between the garage site and
the public right-of-way and adjacent properties, as depicted on Attachment B;
4. A minimum six (6) feet high fence shall be constructed in the location shown on Attachment B
(twenty [20] feet inside the special use permit boundary and outside the seventy-five [75] foot front
setback) with the finished side of the fence towards the neighbors, unless the applicant chooses to
put up a two-sided fence, to provide an additional buffer for the adjacent property (TMP 31-14H);
5. The sale or rental of vehicles or other motorized equipment is prohibited;
6. Gasoline sales are prohibited;
7. The outdoor storage of parts, equipment, machinery and junk is prohibited. All storage shall take
place inside the storage shed and/or inside the building;
8. All repairing or equipping of vehicles shall take place inside the existing garage;
9. Parking of vehicles associated with the public garage shall take place only in the parking spaces
depicted on the Concept Plan;
10. The hours of operation shall be no earlier than 7:00 A.M. nor later than 10:00 P.M., Monday through
Friday and no earlier than 8:00 A.M. nor later than 1:00 P.M. on Saturdays and the public garage
shall not be open for business on Sunday. These hours do not prohibit customers from dropping off
vehicles before or after the permitted hours of operation;
11. A maximum of twelve (12) employees shall be permitted on-site at any one time;
12. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at the north, west, and south property lines
and the east boundary of the area designated to the special use permit to no greater than 0.3 foot
candles shall be submitted to the Zoning Administrator or their designee for approval;
13. Approval from the Department of Environmental Quality shall be required prior to issuance of the
Certificate of Occupancy;
14. Approval from the Health Department shall be required prior to issuance of a building permit; and
15. If the use, structure, or activity for which this special use permit is issued is not commenced by
August 5, 2016, the permit shall be deemed abandoned and the authority granted thereunder shall
thereupon terminate.
9
ATTACHMENT 3
ORDINANCE NO. 10-03(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, DISTRICTS, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, of the
Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
3-212.5 Fox Mountain Agricultural and Forestal District
3-214 Hardware Agricultural and Forestal District
3-215 Hatton Agricultural and Forestal District
3-218 Jacob’s Run Agricultural and Forestal District
3-220 Kinloch Agricultural and Forestal District
3-222 Moorman’s River Agricultural and Forestal District
CHAPTER 3. AGRICULTURAL AND FORESTAL DISTRICTS
DIVISION 2. DISTRICTS
Sec. 3-212.5 Fox Mountain Agricultural and Forestal District.
The district known as the “Fox Mountain Agricultural and Forestal District” consists of the following
described properties: Tax map 14, parcels 26A, 26C; tax map 15, parcels 1,10A. This district, created on
December 2, 2009 for not more than 10 years, shall next be reviewed prior to December 2, 2019.
(Ord. 09-3(4), 12-2-09; Ord. 10-3(2), 7-7-10)
Sec. 3-214 Hardware Agricultural and Forestal District.
The district known as the "Hardware Agricultural and Forestal District" consists of the following
described properties: Tax map 73, parcels 38, 39C7, 41A, 41B1, 41B2, 42, 42A, 43, 44; tax map 74,
parcels 6N, 26, 28, 28B; tax map 75, parcels 4A, 5; tax map 86, parcels 14, 16A, 16C, 16D, 16E, 16F, 27,
27A; tax map 87, parcels 10, 13A, 13E (part consisting of 89.186 acres), 16A; tax map 88, parcels 2A, 3V,
6A, 20A, 20B, 20C, 20D, 20F, 23, 23E, 23F, 24, 24A, 24B, 26B, 29, 40, 42; tax map 99, parcels 10(part),
29, 52, 52B. This district, created on November 4, 1987 for not more than 10 years and last reviewed on
September 12, 2007, shall next be reviewed prior to September 12, 2017.
(Code 1988, § 2.1-4(h); Ord. No. 98-A(1), 8-5-98; Ord. 00-3(2), 7-12-00; Ord. 07-3(2), 9-12-07; Ord. 09-
3(4), 12-2-09; Ord. 10-3(2), 7-7-10)
Sec. 3-215 Hatton Agricultural and Forestal District.
The district known as the "Hatton Agricultural and Forestal District" consists of the following
described properties: Tax map 135, parcels 13, 13A, 13B, 14B, 15, 15A, 15C, 17, 18, 19, 22, 22A; tax map
136, parcels 2A, 6B, 8H, 9A2, 9B, 9C, 9D1, 9E. This district, created on June 29, 1983 for not more than
10 years and last reviewed on June 20, 2001, shall next be reviewed prior to June 29, 2011.
(Code 1988, § 2.1-4(a); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 07-3(1), 7-11-07; Ord. 10-3(2), 7-
7-10)
Sec. 3-218 Jacobs Run Agricultural and Forestal District.
10
The district known as the "Jacobs Run Agricultural and Forestal District" consists of the following
described properties: Tax map 19, parcels 25, 25A; tax map 20, parcel 6J; tax map 30, parcel 32B; tax
map 31, parcels 1, 1B, 4K, 8, 8E, 16, 16B, 44C, 45, 45B, 45C. This district, created on January 6, 1988 for
not more than 6 years, since amended to continue for not more than 10 years and last reviewed on
December 2, 2009, shall next be reviewed prior to December 2, 2019.
(3-2-94; Code 1988, § 2.1-4(i); Ord. 98-A(1), 8-5-98; Ord. 00-3(1), 4-19-00; Ord. 09-3(4), 12-2-09; Ord. 10-
3(2), 7-7-10)
Sec. 3-220 Kinloch Agricultural and Forestal District.
The district known as the "Kinloch Agricultural and Forestal District" consists of the following
described properties: Tax map 49, parcels 5C, 6A1; tax map 50, parcels 13, 19; tax map 65, parcels 7, 7A,
8, 84A, 86, 89, 90, 91, 91A, 92, 93A, 93A1, 94, 94A, 94B, 94C, 95, 95A, 100, 121, 121A1; tax map 66,
parcels 2, 3C, 3G, 10G1, 32, 32D, 32E, 34 (Albemarle part only), 34B. This district, created on September
3, 1986 for not more than 10 years and last reviewed on November 3, 2004, shall next be reviewed prior to
November 3, 2014.
(11-17-93; 10-12- 94; Code 1988, § 2.1-4(f); Ord. 98-A(1), 8-5-98; Ord. 00-3(3), 9-13-00; Ord. 04-3(3), 11-3-
04; Ord. 09-3(5), 12-9-09; Ord. 10-3(2), 7-7-10)
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural- and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A1, 42, 42A; tax map 28,
parcels 2, 2A, 3, 4, 5, 6, 6A, 6B, 7, 7A, 7A1, 7B, 8, 12, 12A, 12B, 13, 13A, 17A, 17C, 18, 23B, 23B1, 30,
30A, 30A1, 30B 32B, 32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E,
8E1, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 40D, 45, 45H1, 45H2, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C,
69D, 69F, 70A, 70B, 70C, 70F, 70F1, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 78A1, 79C, 79E,
79F, 80, 84, 85; tax map 30, parcels 10, 10A, 10C, 12, 12C, 12C1, 12D, 17A, 18E, 23; tax map 41, parcels
8, 8B, 8C, 8D, 9E, 15, 15A, 17C, 18, 19, 41C, 41H, 44, 50, 50C, 65A1, 67B, 68, 70, 72, 72B, 72C, 72D, 89;
tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8B, 8C, 10, 10A, 10D, 37F, 37J, 38, 40, 40C, 40D, 40D1, 40G, 40H2,
41, 42B, 42B1, 43, 43A, 44; tax map 43, parcels 1, 1F, 2A1, 2B, 3A, 4D, 5, 5A, 9, 10, 16B2, 16B3, 18E4,
18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 2l, 21A, 24, 25A, 25B, 30, 30A, 30B, 30B1, 30B2, 30B3, 30B4,
30D, 30G, 30H, 30M, 30N, 32H, 33, 33E, 34D1, 41, 42, 43, 44, 45, 45C, 45D; tax map 44, parcels 1, 2, 24,
26, 26A, 26B, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G, 31H; tax
map 57, parcel 69; tax map 59, parcels 32, 32A, 34, 35, 82A; tax map 60E3, parcel 1. This district, created
on December 17, 1986 for not more than 10 years and last reviewed on December 1, 2004, shall be next
reviewed prior to December 1, 2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, § 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-12-99;
Ord. 00-3(1), 4-19-00; Ord. 04-3(4), 12-1-04; Ord. 05-3(2), 7-6-05; Ord. 08-3(2), 8-6-08; Ord. 09-3(4), 12-2-
09; Ord. 10-3(2), 7-7-10)