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HomeMy WebLinkAbout20120411actions 1 ACTIONS Board of Supervisors Meeting of April 11, 2012 April 12, 2012 AGENDA ITEM/ACTION ASSIGNMENT 10:00 A.M., PVCC, MAIN BUIDLING AUDITORIUM, ROOM 223 1. Call to Order.  Meeting called to order at 10:05 a.m., by the Chair, Ms. Mallek. All Board members were present except Mr. Rooker and Mr. Thomas. 2. Comprehensive Target Markets Report, Presentation by Thomas Jefferson Partnership for Economic Development (TJPED).  RECEIVED. 3. Adjourn to 3:00 p.m.  At 11:55 a.m. the meeting was adjourned until 3:00 p.m. 3:00 P.M., ROOM 241 1. Call to Order.  Meeting was called to order at 3:00 p.m. by the Chair, Ms. Mallek. All Board Members were present. Also present were Tom Foley, Larry Davis, and Ella Jordan. 2. Presentation: Target Industry Study Final Report.  RECEIVED. Board to take public comment on the Target Industry Study as it relates to Albemarle County on May 2nd. Clerk: Advertise to receive public comments and schedule on May 2nd agenda. 3. Work Session: Comprehensive Plan Review.  RECEIVED. Board requested that staff begin forwarding them copies of the Planning Commission’s action memo. 4. Closed Meeting.  At 5:01 p.m. the Board went into Closed meeting pursuant to section 2.2-3711(A) of the Code of Virginia under Subsection (7) to consult with legal counsel and staff regarding pending litigation concerning a tax assessment for real property because a public discussion would adversely affect the litigating posture of the County. 5. Recess.  The Board immediately recessed. 6:00 P.M., LANE AUDITORIUM 1. Call to Order.  Meeting was called to order at 6:02 p.m. by the Chair, Ms. Mallek. All Board Members were present. Also present were Tom Foley, Larry Davis, and Ella Jordan. 1a. Certify Closed Meeting.  The Board immediately certified the closed meeting motion. 4. Adoption of Final Agenda.  ACCEPTED the final agenda. 2 5. Brief Announcements by Board Members.  There were none. 6. Recognitions: Proclamation recognizing April 21-29, 2012 as National Park Week.  Chair read and presented proclamation to Jennifer Flynn, Deputy Director of Shenandoah National Park. (Attachment 1) 7. From the Public: Matters not Listed for Public Hearing on the Agenda.  Sally Thomas introduced Jerry McCormick Ray, a University of Virginia professor, who was present to speak about climate change.  Jerry McCormick-Ray spoke about climate change.  Charles Battig made a presentation on climate change.  Jeff Werner commented on the Board’s work session on the update to Comp Plan and proposed changes to the I-64 interchange.  Jack Marshall commented on the Board’s work session on the Target Industry Study.  Tom Olivier commented on the Board’s work session on the Target Industry Study.  Nancy Carpenter commented on the closing of PACHEM and the need for providing assistance to the homeless in the community.  Natasha Sienitksy commented on the Board’s work session on the update of the Comp Plan and proposed changes to the I-64 interchange.  Kirk Bowers expressed opposition to the Route 29 Bypass.  Ray Humiston expressed concerns about the push to increase commercial activities at wineries/cideries.  Bert Page asked the Board to  give thorough consideration to the impact that commercial activities at wineries/cideries have on neighboring rural properties.  Amory Fisher expressed opposition to the Route 29 Bypass. 8.2 Set a public hearing to consider Ordinance to Amend County Code - Chapter 10, Offenses – Miscellaneous, to add Section 10-120.1, Designation of Police to Enforce Trespass Violations.  SET public hearing for May 2nd Clerk: Advertise public hearing and schedule on May 2nd agenda. 9. Adoption of FY 2012/2013 Operating and Capital Budgets.  By a vote of 4:2 (Boyd/Thomas) ADOPTED the FY12/13 budget resolution approving the FY12/13 Operating and Capital Budgets as recommended by the County Executive and amended by the Board of Supervisors and to adopt the Five Year Capital Improvement Plan for FY13 to FY17 as recommended by the County Executive and amended by the Board of Supervisors. Clerk: Forward copy of adopted resolution to OMB, Finance and County Attorney’s office. (Attachment 2) 10. Pb. Hrg: ZMA-2010-00011. Estes Park (Signs #88&89).  By a vote of 3:2(Dumler/Mallek):1(Rooker- Clerk: Set out proffers. (Attachment 3) 3 abstained) APPROVED ZMA-2010-00011 inclusive of the applicant’s proffers dated April 9, 2012.  By a vote of 5:0:1(Rooker-abstained) APPROVED a waiver of Section 18-4.2 of the Zoning Ordinance for disturbance of critical slopes.  DIRECTED staff to clarify as part of the Comp Plan review the Cash Proffer Policy as regards to the credit provided for the provision of affordable housing. 11. Pb. Hrg: ZMA-2011-00005. Greenbrier Commons (Sign #51).  By a vote of 6:0 APPROVED ZMA-2011-00005 inclusive of the Code of Development last revised April 10, 2012. 12. Pb. Hrg: Ordinance to Amend Chapter 4, Animals and Fowl, Section 4-200, Running at large prohibited - To restrict dogs from running at large County-wide.  By a vote of 5:1(Thomas) ADOPTED Ordinance to amend Section 4-200 of the County Code. Clerk: Set out ordinance. (Attachment 4) 13. From the Board: Committee Reports and Matters Not Listed on the Agenda. Rodney Thomas:  Announced that he and Amelia McCulley plan to visit three sites on April 23, 24 and 25, 2012, relative to Rockydale Quarries, and do noise level readings when the Quarry is running at full speed. Ms. Mallek suggested they also do readings inside the homes. Ann Mallek:  By a vote of 6:0, REQUESTED a speed study for Bleak House Road. David Benish: Coordinate with VDoT. 14. Adjourn.  At 8:48 p.m., the meeting was adjourned until April 13, 2012, 8:00 a.m., Giorgios Room at the Doubletree Hotel, to join Congressman Robert Hurt for a Congressional update and discussion about local governments. /ewj Attachment 1 - Proclamation recognizing April 21-29, 2012 as National Park Week Attachment 2 – Resolution FY 2012/2013 Operating and Capital Budgets Attachment 3 – Proffers - ZMA-2010-00011. Estes Park Attachment 4 – Ordinance – Dogs Running At-large 4 ATTACHMENT 1 NATIONAL PARK WEEK APRIL 21 – 29, 2012 WHEREAS, there are 397 national parks across the United States, which provide accessible, safe, and affordable places that allow us to appreciate the bounty of our land and these parks offer opportunities for wholesome outdoor recreation, educational programs and inexpensive family entertainment, which improve our nation’s overall health and vitality; and WHEREAS, Albemarle County is very fortunate to serve as a gateway community to the adjoining Shenandoah National Park, an important component of the National Park system, and we appreciate the abundance of programs and activities that they have to offer; and WHEREAS, this year’s theme is "Picture Yourself in a Park" and encourages outdoor opportunities to get outside, get healthy, and have fun; and WHEREAS, during National Park Week, there will be a variety of special events and activities that will take place and more importantly, admission to all national parks during this week is free; and WHEREAS, Albemarle County would like to remind everyone that these national parks would not exist if it wasn’t for the foresight, dedication and generosity of those who safeguard these magnificent places and for that we applaud you. NOW, THEREFORE, BE IT RESOLVED, that, I, Ann H. Mallek, Chair, on behalf of the Albemarle County Board of Supervisors, do hereby recognize April 21-29, 2012 as NATIONAL PARK WEEK, and call this observance to the attention of all our citizens, with particular appreciation to our neighbor, the Shenandoah National Park. 5 ATTACHMENT 2 FY 2012/2013 BUDGET RESOLUTION BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia: 1) That the budget for the County for the Fiscal Year beginning July 1, 2012 is made up of the County Executive’s Recommended Budget document and the amendments made by the Board of Supervisors. 2) That the budget for the County for the Fiscal Year beginning July 1, 2012 is summarized as follows: 3) That the budget for the County for the Fiscal Year beginning July 1, 2012 as described in 1) and 2) above is approved. FY 12/13 Adopted Administration $10,799,308 Judicial 3,979,231 Public Safety 33,003,587 General Services 4,455,921 Human Development (including PVCC)14,864,856 Parks, Recreation, and Culture 6,061,145 Community Development 6,108,235 Other General Government 1,887,798 General Government Special Revenue Funds 12,466,100 General Government Capital Projects 13,956,430 General Government Debt Service 3,027,757 Stormwater Improvements 131,045 Stormwater Debt Service 31,134 Education - School Operations and Other Funds 163,503,227 Education - Capital Projects 6,673,461 Education - Debt Service 12,967,956 City/County Revenue Sharing 17,520,948 TOTAL $311,438,139 6 ATTACHMENT 3 7 8 9 10 11 12 13 ATTACHMENT 4 ORDINANCE NO. 12-4(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE II, DOGS, DIVISION 1. IN GENERAL, SECTION 4-200, RUNNING AT LARGE PROHIBITED. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, is hereby amended and reordained by amending Article II, Dogs, Division 1. In General, Section 4-200, Running at Large Prohibited, as follows: CHAPTER 4. ANIMALS AND FOWL ARTICLE II. DOGS State law reference-- Va. Code §§ 3.2-6500 et.seq. DIVISION 1. IN GENERAL 4-200 Running at large prohibited. A. It shall be unlawful for any dog to run at large in the county. B. For the purposes of this section, a dog shall be deemed to “run at large” while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. However, a dog shall not be considered at large if during the hunting season it is on a bona fide hunt in the company of a licensed hunter or during field trials or training periods when accompanied by its owner. C. Any person who permits his dog to run at large shall be deemed to have viol ated the provisions of this section. D. Any dog observed or captured while unlawfully running at large shall be impounded in accordance with Article III, Impoundment, of this chapter. (7-19-73; 8-22-73; 9-26-73; 11-15-73; 12-19-73; 1-3-74; 1-23-74; 3-24-77; 5-22-74; 10-9-74, 1-22-75; 3- 10-76; 4-21-76; 12-7-77; 5-22-78; 6-21-78; 10-7-81; 5-21-86; 5-13-87; 9-16-87; 11-4-87; 12-16-87; 9-8- 88; Ord of 1-17-90; Ord. of 8-8-90; Ord. No. 94-4(2), 8-17-94; Ord. No. 94-4(3), 12-7-94; Ord. No. 95-4(1), 1-4-95; Ord. No. 95-4(2), 9-6-95; Code 1988, § 4-19; Ord. 98-A(1), 8-5-98; Ord. 98-4(1), 12-2-98; Ord. 00- 4(1), 5-3-00; Ord. 03-4(2), 3-5-03; Ord. 04-4(1), 5-12-04; Ord. 05-4(1), 12-7-05; Ord. 06-4(1), 12-6-06, § 4-213; Ord. 09-4(1), 7-8-09; Ord. 09-4(2), 10-7-09; Ord. 12-4(1), 4-11-12) State law reference-- Va. Code§ 3.2-6538.