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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.
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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)
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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
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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.
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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
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ATTACHMENT 3
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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.