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ACTIONS
Board of Supervisors Meeting of February 1, 2012
February 3, 2012
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
Meeting was called to order at 9:04 a.m. by the
Chair, Ms. Mallek. All BOS members were
present. Also present were Tom Foley, Larry
Davis and Ella Jordan.
4. Adoption of Final Agenda.
Mr. Rooker said he would like to discuss the
letter from VDOT regarding the Environmental
Assessment of the Route 29 Bypass.
Ms. Mallek said she would like to discuss the
issue of trash along Earlysville Road.
ADOPTED, by a vote of 6:0, the final agenda.
5. Brief Announcements by Board Members.
Mr. Snow
Reported on his recent visit to van der Linde’s
recycling center at Zions Crossroads. Mr. Foley
commented that staff is prepared to discuss at
the Board’s March 7th meeting, proposed
scope of services for solid waste options.
6. Recognitions:
a. Kathryn Presson as Most Outstanding Fire
Corps Volunteer.
Removed from agenda.
b. Raymond Gaines for service on the Fire
Prevention Board of Appeals and the Local
Board of Building Code Appeals.
Chair presented Certificate of Appreciation.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Chris Craytor spoke in support of the Photo-
safe Program and expanding it to other areas
of the County.
Jeannne Chase expressed support for
expanding the photo red cameras to other
intersections.
Frank Calhoune expressed concerns about the
size of the second floor for Restore N’ Station.
8.1 FY 2012 Budget Amendment and Appropriations.
APPROVED the budget amendment in the
amount of $11,610.00 and APPROVED
Appropriations #2012052 and #2012053.
Clerk: Forward copy of signed appropriations
to OMB, Finance and other appropriate
individuals.
8.2 Resolution accepting Nash/Violette offer to sell
conservation easement.
ADOPTED Resolution accepting the
Nash/Violette offer to sell a conservation
easement to the County, for the price specified
and subject to the terms and conditions
contained in the proposed deed of easement,
and AUTHORIZED the County Executive to
sign the final deed of easement for this
property.
Clerk: Forward copy of resolution to
Community Development and County
Attorney’s office. (Attachment 1)
8.3 Authorize County Executive to execute Inter-
governmental Agreement with Virginia Department
of Agriculture and Consumer Services - ACE;
County Attorney’s office: Provide Clerk with
copy of fully executed agreement.
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Virginia Department of Agriculture and Consumer
Services grant for easement acquisition.
AUTHORIZED the County Executive to
execute the Agreement on behalf of the
County, provided that it is first approved as to
form and content by the County Attorney.
8.4 Resolution to accept roads in Foothill Crossing
Subdivision into the State Secondary System of
Highways.
ADOPTED Resolution.
Clerk: Forward signed resolution and signed
AM-4.3 Form to County Engineer. (Attachment
2)
8.5 Resolution to Oppose Devolution of Costs for Core
Government Services.
ADOPTED Resolution.
Clerk: Forward copy of resolution to legislative
representatives and TJPDC Legislative Liaison.
(Attachment 3)
9. Request to set a public hearing to amend the
jurisdictional areas of the Albemarle County
Service Authority for water service to Keswick
Lake.
By vote of 6:0, SET public hearing for March
14, 2012.
Clerk: Schedule on March 14th agenda.
Recess. At 10:56 a.m., the Board recessed and
then reconvened at 11:07 a.m.
10. Board of Supervisors’ Strategic Plan Vision, Goals
and Strategic Objectives.
DISCUSSED. Staff to incorporate suggested
changes and bring back remaining two goals
for discussion in March.
Clerk: Schedule on March 7th agenda.
11. FY 2010-2011 Comprehensive Annual Financial
Report (CAFR).
ACCEPTED, by a vote of 6:0, the FY 2010-
2011 Comprehensive Annual Financial Report.
12 Wireless Policy/Regulations Update.
RECEIVED.
13. Biscuit Run – Southwood Land Swap.
RECEIVED.
14. VDoT Report, David Crim.
David Crim:
Introduced Dean Gustafson, Traffic
Engineering Director for the Northwest Region;
Angelo Reo, Culpeper area Traffic Engineer;
and Joel DeNunzio, Zion Crossroads Area
Land Use Engineer.
Announced that Jamie Glass is the
Charlottesville Residency Program Manager.
VDOT will be holding a public hearing on
Thursday, February 2nd at PVCC, on the Route
53 (Thomas Jefferson Parkway) intersection
improvements.
Provided update on the superstructure
replacement project Route 743 – bridge over
Jacobs Run.
Provided update on US Route 250 Shadwell
bridge replacement over the Buckingham
Branch railroad.
VDOT has received a request to initiate
another speed study on US Route 29 between
Northside Industrial Park and Airport Road. He
has sent that request to Mr. Reo.
VDOT will be contacting County staff within the
next couple of weeks to discuss the process
for the Six Year Secondary Road Plan.
Clerk: Forward comments to David Crim.
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Provided update on rural rustic roads – Blufton
Road bridge will be replaced this spring so the
roadway can be constructed this summer;
Construction on Rose Hill Church Lane will
begin as soon as weather permits; and Fortune
Lane and Happy Creek Road are scheduled
for advertisement in late March.
Provided update on John W. Warner Parkway.
Rodney Thomas:
Asked for update on traffic signal at Belvedere.
Mr. Crim responded that VDOT is studying the
traffic situation.
Asked for an update on speed study on Rio
Mills Road. Mr. Crim said VDOT has received
a preliminary study back. They plan to do
some additional review and hope to have the
study finalized within a couple of weeks. Added
that VDOT received request for some
centerline striping which should help slow the
traffic.
Asked about restriping Commonwealth Drive.
Mr. Crim said VDOT is looking at ideas for that
road.
Christopher Dumler:
Asked about the STARS (Strategically
Targeted Affordable Roadway Solutions)
Program. Mr. Gustafson responded that
VDOT began the program in 2009 where they
proactively look at and make improvements to
high crash locations. Without changing the
character of the roadway, VDOT tries to make
some spot safety improvements. Added that
they do have some other top ten safety type
improvements that VDOT is currently working
on in the region and finalizing the list.
Ken Boyd:
Asked what improvements VDOT is proposing
for the intersection of Powell Creek and
Ashwood Boulevard. Mr. Crim said VDOT
have met with the Homeowners Association.
Before a crosswalk can be installed there must
be ADA accommodations. The HOA is in the
process of building more trails and is working
with Mr. DeNunzio to install the pads. After the
landing pads are installed as part of their
crosswalk system, VDOT will stripe the
crosswalk.
Ann Mallek:
Asked for an update on the process for littering
signs. Mr. Crim said VDOT looks at every
request they get. If there are specific locations,
email him. Ms. Mallek asked if there is a
central map to shop which roads are not a part
of the Adopt-A-Highway Program. Mr. Crim
responded that they have a listing, but no map.
Asked the procedure for establishing a “no
through truck” zone. Mr. Crim responded that
the procedure has to be initiated by the Board,
goes to VDOT, the CTB, and the trucking
industry. There also has to be a good alternate
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parallel route before it can be considered.
15. PhotoSafe Annual Report, Steve Sellers.
RECEIVED. Consensus that staff provide
recommendations to expand program to an
additional location.
Clerk: Schedule on agenda when ready to
come back.
16. Closed Session. Personnel and Legal Matters.
At 12:34 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 (3) to
discuss the acquisition of real property for a
public use because an open meeting
discussion would adversely affect the
bargaining position of the County; under
subsection (7) to consult with legal counsel
and staff regarding three matters of pending
litigation regarding zoning decisions; under
subsection (7) to consult with legal counsel
and staff regarding specific legal matters
requiring legal advice regarding the negotiation
of an interjurisdictional agreement for public
services and agreements to fund emergency
services; under subsection (7) to consult with
legal counsel regarding a specific legal matter
requiring legal advice regarding an
interjurisdictional agreement; and under
subsection (7) to consult with legal counsel
and staff a specific legal matter regarding
public safety.
17. Certified Closed Meeting.
At 2:41 p.m., the Board reconvened into open
meeting and certified the closed meeting.
18. Boards and Commissions: Appointments.
REAPPOINTED Mr. Peter Hallock to the
Agricultural and Forestal District Advisory
Council, with said term to expire April 17, 2016.
APPOINTED Mr. John Quale to the
Architectural Review Board, to fill the
unexpired term of Mr. William Daggett, to
expire on November 14, 2012.
REAPPOINTED Ms. Brenda Plantz and Ms.
Meg West to the Crozet Community Advisory
Council, with said terms to expire March 31,
2014.
APPOINTED Ms. Frances Hooper to the
JAUNT Board, to fill the unexpired term of Mr.
Robert Burke, Jr., to expire on September 30,
2013.
APPOINTED Ms. Susan Jacobson to the
Jefferson Area Disability Services Board, to fill
the unexpired term of Ms. Amber Capron, Jr.,
to expire on June 30, 2013.
REAPPOINTED Mr. John Springett, Mr. Lloyd
Wood and Ms. Kimberly Higgins to the Police
Department Citizens Advisory Committee, with
said terms to expire March 5, 2014.
REAPPOINTED Mr. Steve Murray to the
Thomas Jefferson Water Resource Protection
Foundation Board, with said term to expire
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
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January 31, 2016.
19. Board-to-Board, Monthly Communications Report
from School Board, School Board Chairman.
RECEIVED.
a. Proclamation recognizing February 2012 as
School Board Appreciation Month.
Chair read and presented proclamation to
School Board Chair.
20. Department of Social Services Annual Report.
RECEIVED.
a. Recognitions of Wanda Kucera and Claude
Foster.
Chair read and presented Certificates of
Appreciation.
21. Bright Stars Annual Reports.
RECEIVED.
22. Work Session: ZTA-2010-00005. Sign Ordinance
Zoning Text Amendments
DIRECTED staff to advertise for public hearing
the proposed Sign Ordinance at 25% window
coverage.
Clerk: Advertise for public hearing on March
14, 2012
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ken Boyd:
Discussed Items 8.2, 8.3 and 8.6 from the
consent agenda. In terms of the status of the
funding for these particular items and whether
there is flexibility by the Board to change the
priority and use the funds for other projects,
Mr. Foley said some of these dollars have
obligations against them. Mr. Foley said when
the Board gets into the CIP process staff will
bring forward all available balances, even if
they have previous commitments.
Asked staff to prepare a list of the next 12
months of CIP spending. Mr. Foley said staff
can provide information at the March meeting
on the current year appropriations and plans
for expenditure of proffer funds, and whether
those funds are obligated for specific projects
or the Board has some flexibility with the funds.
APPROVED, by a vote of 6:0, Items 8.2 and
8.3, and to accept Item 8.6 as information, on
the consent agenda.
Dennis Rooker:
Environmental Assessment for Route 29
Bypass – Requested that staff provide a
package in response including changes that
have occurred in land use and transportation
that might affect the project area since the last
EIS. Also include the two recent resolutions the
Board adopted from the two task forces.
Rodney Thomas:
Briefed the Board on the Charlottesville-
Albemarle MPO’s position on the MAP-21
legislation that contains a provision that
increases the minimum population for
designation as a metropolitan planning
organization from 50,000 to 200,000.
Mentioned a funding request received from
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The First Tee. He has forwarded the
information to staff.
Ann Mallek:
The Piedmont Workforce Network has had a
large number of Albemarle County residents
(8,489) in the foot traffic for FY11. They are
getting great use of the One Stop facility for
training on Hydraulic Road.
Ken Boyd:
Provided a brief update on the trees for the
Ragged Mountain Dam.
24. Adjourn.
At 4:56 p.m., the Board adjourned until
February 8, 2012, 3:00 p.m., Room 241.
ewj
Attachment 1 – Resolution accepting Nash/Violette offer to sell conservation easement
Attachment 2 – Resolution to accept roads in Foothill Crossing Subdivision into the State Secondary
System of Highways
Attachment 3 – Resolution to Oppose Devolution of Costs for Core Government Services
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AT TACHMENT 1
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 of the following property:
Martin Violette/Margaret Nash TM 71, Parcel 43 40.160 acres $58,800.00
(Greenwood)
and;
WHEREAS, the owner offered to sell a conservation easement on the specified property 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 Albemarle County Board of Supervisors hereby
accepts the offer to sell a conservation easement for the property described above and authorizes the
County Executive to execute all documents necessary for completing the acquisition.
BE IT FURTHER RESOLVED that the Albemarle County Board of Supervisors hereby directs the
County Attorney to send a copy of this resolution to the owner of the property identified herein, or her
contact person.
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ATTACHMENT 2
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 1st day
of February 2012, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Foothill Crossing Subdivision, as described on the attached
Additions Form AM-4.3 dated February 1, 2012, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Foothill Crossing, as
described on the attached Additions Form AM-4.3 dated February 1, 2012, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Park Ridge Drive (State Route 1250) from 0.02 miles south of Route 1326 to 0.064
miles south to the end of state maintenance, as shown on plat recorded in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 60-
foot right-of-way width, for a length of 0.06 miles.
2) Raven Stone Road (State Route 1329) from the intersection of Park Ridge Drive east
(Route 1250) to the end of the cul-de-sac, as shown on plat recorded in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 51-
foot right-of-way width, for a length of 0.10 miles.
3) Raven Stone Road (State Route 1328) from the intersection of Park Ridge Drive west
(Route 1250) to the end of the cul-de-sac, as shown on plat recorded in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 60-
foot right-of-way width, for a length of 0.10 miles.
Total Mileage – 0.26
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ATTACHMENT 3
Resolution to Oppose Devolution of Costs for Core Government Services
Whereas, the Albemarle County Board of Supervisors joins the efforts of the Commonwealth’s
counties in encouraging the 2012 General Assembly to continue the state and local partnership funding of
core government services; and
Whereas, the Albemarle County Board of Supervisors understands that program devolution is the
shifting of state responsibilities to local governments. Counties have experienced first -hand the shift in
funding for local programs and are already saddled with additional responsibilities in providing services for
foster care children, police, line of duty costs and maintenance of local libraries; and
Whereas, core local services that include public education, police, fire and social services are
services that must be funded through the state and local partnership. “Passing the buck” to local ities only
perpetuates increases in real estate and business taxes; and
Whereas, for several years, localities have been mandated to give back to the Commonwealth
funding that was designed to support these local programs. Last year, local governments had to write
checks or receive reduced reimbursements from the state for $60 million under a program known as “Aid
to Localities.” Governor McDonnell has chosen to “chip” away at this annual local contribution by reducing
the yearly required payment by $10 million in his introduced budget; and
Whereas, the state originally introduced this reduction to balance the state budget, but as the
economy improves and state revenue increases, our state leaders must promptly eliminate this funding
reduction and sustain local services;
NOW THEREFORE BE IT RESOLVED, that localities and the Commonwealth continue their
partnership and provide core government functions without shifting or shirking responsibilities; and
BE IT FURTHER RESOLVED, in order to address the mandates and financial responsibilities
which have been shifted to localities, that our state elected officials act to ensure localities have the tools
to fund our core services, provide county governments with the equal taxing authority of cities and towns
and immediately begin a process to initiate tax reform for state and local government.