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ACTIONS
Board of Supervisors Meeting of August 14, 2013
August 16, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 3:04 p.m., by
the Chair, Ms. Mallek. All BOS members were
present. Also present were Tom Foley, Larry
Davis and Travis Morris.
Listen
2. Work Session: Firearms Training Facility.
Held.
By a vote of 6:0 DIRECTED staff to pursue the
Milton site as the preferred location for the
firearms training facility.
Trevor Henry: Proceed as
directed.
3. Work Session: CPA-2013-01. Comprehensive
Plan Update/Amendment.
Held.
CONSENSUS to methodically review each
chapter and/or policy issue raised by Board
members followed by a public hearing.
Wayne Cilimberg/Elaine Echols:
Proceed as directed.
Listen
4. Discussion: Status Update on Project Based
Vouchers: The Crossings at 4th and Preston.
DIRECTED staff to coordinate a meeting
through Congressman Hurt’s office with
Congressman Hurt, County staff, Chair, Vice
Chair and appropriate HUD field office and
headquarters staff regarding the voucher
process.
Ron White: Proceed as directed.
Listen
From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Provided additional information on the Gigabit
Communities Race to the Top Program and
proposed that staff bring back additional
information on the Program and other grants.
County Executive: Notify Clerk
when ready to schedule on
agenda.
Listen
5. Recess.
At 4:41 p.m., the Board recessed until 6:03
p.m.
6:00 P.M. – Regular Night Meeting
1. Call to Order.
Meeting was called to order at 6:03 p.m., by
the Chair, Ms. Mallek.
Listen
4. Adoption of Final Agenda.
AGREED to determine if the Board wants to
consider adoption of the proposed Women’s
Equality Day Proclamation.
Ms. Mallek
Added discussion on mapping software that is
currently used by Century Link and the E-911
system.
Added a discussion on the Board’s interest in
widening the ability of long established
commercial properties in the rural area to
move to another commercial use that is less
intense than the one that has historically been
there which is currently not allowed.
By a vote of 6:0 ADOPTED the final agenda.
5. Brief Announcements by Board Members.
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There were none.
Listen 6. Proclamation Recognizing August 26, 2013
Women’s Equality Day.
By a vote of 4:2 (Rooker, Mallek) motion to
adopt the proposed proclamation from NOW
FAILED.
By a vote of 6:0, motion to table proclamation
and bring back revised wording PASSED.
Clerk: Schedule on agenda when
ready to come back.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Following persons spoke on the proposed
Route 29 Western Bypass:
John Cruickshank
Kirk Bowers
George Larie
Randy Salzman
Erika Herz
Jeff Werner
Following persons spoke on the proposed
Comprehensive Plan:
Mike Basile
Audrey Wellborn
Helen Swift Dovel
Lena M. Seville spoke on the need for more
public transportation in the County.
Charles Battig spoke about wi-fi in the school
system.
Carole Thorpe spoke on the effects that
proclamations have on the entire County.
Listen
8.2 Resolution authorizing the issuance of revenue
bonds by the Industrial Development of the Town
of Louisa, in an amount not to exceed $7,000,000
for the benefit of the Region Ten Community
Services Board, Inc.
ADOPTED resolution.
Clerk: Forward signed resolution
to bond counsel and copy to
County Attorney’s office.
(Attachment 1)
Listen
8.3 Resolution authorizing the issuance of revenue
bonds by the Industrial Development of Fluvanna
County in an amount not to exceed $7,000,000 for
the benefit of the Region Ten Community Services
Board, Inc.
ADOPTED resolution.
Clerk: Forward signed resolution
to bond counsel and copy to
County Attorney’s office.
(Attachment 2)
8.4 FY 2014 Budget Amendment and Appropriation.
APPROVED appropriation #2014025 to
provide funds for a local government project
and program.
Clerk: Notify OMB, Finance and
appropriate individuals of
approved appropriation.
8.5 Road name change of Anchorage Farm to Farm
Vista Road.
APPROVED changing the road name of
Anchorage Farm to Farm Vista Road and
AUTHORIZED staff to implement the change.
Community Development:
Proceed as approved.
8.6 ZMA-2012-00004. Avon Park II (Signs #89&91) (At
request of applicant, defer to September 11,
2013).
DEFFERED ZMA-2012-00004 to September
11, 2013.
Clerk: Schedule ZMA-2012-
00004 on September 11 agenda.
8.7 ZMA-2013-00006. Estes Park- Proffer Amendment
(At request of applicant, defer to September 11,
2013).
Clerk: Schedule ZMA-2013-
00006 on September 11 agenda.
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DEFFERED ZMA-2013-00006 to September
11, 2013.
8.8 Resolution to accept road(s) in Langdon Woods
Subdivision into the Secondary System of
Highways.
ADOPTED resolution.
Clerk: Forward copy of signed
resolution to Glenn Brooks and
County Attorney’s office.
(Attachment 3)
8.9 Resolution for the abandonment and addition of
roads as a result of the John W . Warner Parkway
construction.
Pulled for discussion at the end of agenda.
9. Pb. Hrg.: SP-2012-00021. Faith & Grace
Christian Fellowship (Sign #77&80).
By a vote of 6:0 APPROVED SP-2012-00021
Faith & Grace Christian Fellowship with the
conditions as recommended by staff.
Clerk: Set out conditions of
approval.
(Attachment 4)
Listen
10. Pb. Hrg: SP-2013-00005. The Field School of
Charlottesville (Sign #65).
By a vote of 4:2 (Thomas, Boyd) DEFERRED
SP-2013-00005 to October 9, 2013.
Clerk: Schedule SP-2013-00005
on October 9 agenda.
Listen
11. ZMA-2012-00004. Avon Park II (Signs #89&91).
Moved to consent agenda for deferral action.
12. ZMA-2013-00006. Estes Park- Proffer
Amendment.
Moved to consent agenda for deferral action.
13 From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ann Mallek:
Announced that she would send her
comments through email.
By a vote of 6:0 APPROVED consent agenda
item #8.9.
Clerk: Forward copy of signed
resolution to Glenn Brooks and
County Attorney’s office.
(Attachment 5)
Listen
14. From the County Executive: Report on Matters
Not Listed on the Agenda.
There were none.
15. Adjourn to August 21, 2013, 9:00 a.m., Morven
Farms.
At 10:56 p.m., the Board adjourned until
August 21, 2013.
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Attachment 1 – Resolution authorizing the issuance of revenue bonds by the Industrial Development of the Town of
Louisa, in an amount not to exceed $7,000,000 for the benefit of the Region Ten Community
Services Board, Inc
Attachment 2 – Resolution authorizing the issuance of revenue bonds by the Industrial Development of Fluvanna
County in an amount not to exceed $7,000,000 for the benefit of the Region Ten Community
Services Board, Inc
Attachment 3 – Resolution to accept road(s) in Langdon Woods Subdivision into the Secondary System of
Highways
Attachment 4 – Conditions of Approval
Attachment 5 – Resolution for the abandonment and addition of roads as a result of the John W . Warner Parkway
construction
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ATTACHMENT 1
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia (the “Authority”), has been
requested by Region Ten Community Services Board, Inc. (the “Company”), a non-profit, Virginia nonstock
corporation, to approve the issuance of a revenue bond in an amount not to exceed $7,000,000 (the “Bonds”) to
assist the Company in (A) refinancing the Authority’s $7,601,200 Community Services Board Facilities Revenue
Bond (Region Ten Project) Series 2006 (the “Series 2006 Bond”); and (B) paying all or a portion of the costs of
issuance of the Bonds. The Series 2006 Bond was issued by the Authority on December 21, 2006, with the
proceeds thereof being applied by the Company to: (1) refinance the Industrial Development Authority of Albemarle
County, Virginia’s $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten
Community Services Board, Inc.), Series 1999, issued on August 31, 1999 to finance and refinance (a) several
Company facilities located in the City of Charlottesville, Virginia at 800 Preston Avenue, 1907 Cedar Hill Road, 720
Highland Avenue, 719 Shamrock Road, 100 Burnett Street, 2000 Michie Drive, and 401 4th Street NW; and (b)
Company Facilities located in the County of Albemarle, Virginia at 4312 Dickerson Road; (2) finance the acquisition,
construction, renovation and equipping of the property known as Mountainwood, to house the Company’s
administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg
Road, in the County of Albemarle, Virginia; and (3) finance the acquisition, construction, renovation and equipping
of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston (Nelson County), Virginia (the
projects described in clauses (1)-(3) above are collectively referred to herein as, the “Project”);
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that
the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance bonds;
WHEREAS, a portion of the Project is to be located in the County of Albemarle, Virginia (the “County”) and
the Board of Supervisors of the County of Albemarle, Virginia (“Board”) constitutes the highest elected
governmental unit of the County;
WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by Authority was within
100 miles of the County;
WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as (the “Virginia Code”), the
Authority is issuing the portion of the Bonds relating to the portion of the Project located in the County on behalf of
the County;
W HEREAS, the Authority has recommended that the Board approve the issuance of the Bonds and concur
with the Authority’s inducement resolution regarding the issuance of the Bonds (the “Resolution”); and
WHEREAS, a copy of the Authority's Resolution, a certificate of the public hearing, a reasonably detailed
summary of the comments expressed at the public hearing, and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as
required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as
amended (“Virginia Code”) to permit the Authority to assist in the financing of the Project.
2. The Board concurs with the Resolution adopted by the Authority and approves the issuance of the
Bonds by the Authority for the benefit of the Company as and to the extent required by Section
15.2-4905 of the Virginia Code.
3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the Project or the Company.
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4. As required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that the County will
have no obligation to pay the Bonds or the interest thereon or other costs incident thereto.
5. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 14th day of August, 2013.
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ATTACHMENT 2
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Economic Development Authority of Fluvanna County, Virginia (the “Authority”), has been
requested by Region Ten Community Services Board, Inc. (the “Company”), a non-profit, Virginia nonstock
corporation, to approve the issuance of a revenue bond in an amount not to exceed $7,000,000 (the “Bonds”) to
assist the Company in (1) refinancing that certain $4,711,400 Region Ten Community Services Board, Inc. Taxable
Note (Region Ten Project), Series 2006, which was issued by the Industrial Development Authority of the Town of
Louisa, Virginia (“Louisa IDA”) (the “Series 2006 Note”), (2) financing the costs of construction and equipping of up
to 12,000 square feet of additional space at, and further renovation and equipping of other portions of, the
Company’s existing facility located at 800 Preston Avenue, Charlottesville, Virginia 22903, (3) financing all or a
portion of the costs of issuance of the Bonds in permissible amounts, and (4) paying capitalized interest on the
Bonds for a period not to exceed one year after the date of issuance of the Bonds. The Series 2006 Note was
issued by the Louisa IDA on December 21, 2006 to finance and refinance a portion of the costs of acquisition,
construction and equipping of the Company’s headquarters facility located at 500, 502, and 504 Old Lynchburg
Road, Charlottesville (Albemarle County), Virginia 22901;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that
the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance bonds;
WHEREAS, a portion of the Project is to be located in the County of Albemarle, Virginia (the “County”) and
the Board of Supervisors of the County of Albemarle, Virginia (“Board”) constitutes the highest elected
governmental unit of the County;
WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by Authority was within
100 miles of the County;
WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as (the “Virginia Code”), the
Authority is issuing the portion of the Bonds relating to the portion of the Project located in the County on behalf of
the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds and concur
with the Authority’s inducement resolution regarding the issuance of the Bonds (the “Resolution”); and
WHEREAS, a copy of the Authority's Resolution, a certificate of the public hearing, a reasonably detailed
summary of the comments expressed at the public hearing, and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as
required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as
amended (“Virginia Code”) to permit the Authority to assist in the financing of the Project.
2. The Board concurs with the resolution to be adopted by the Authority and approves the issuance of
the Bonds by the Authority for the benefit of the Company as required by Section 15.2-4905 of the
Virginia Code.
3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective
purchaser of the Bond of the creditworthiness of the Project or the Company.
4. As required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that the County will
have no obligation to pay the Bonds or the interest thereon or other costs incident thereto.
5. This resolution shall take effect immediately upon its adoption.
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Adopted by the Board of Supervisors of the County of Albemarle, Virginia 14th day of August, 2013.
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ATTACHMENT 3
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 14th August
2013, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Langdon Woods Subdivision, as described on the attached Additions Form
AM-4.3 dated August 14, 2013, 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 Transpor tation to add the street(s) in Langdon Woods Subdivision, as described on the
attached Additions Form AM-4.3 dated August 14, 2013, 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) Langdon Drive (State Route 1758) from (Route 1759) Langdon Woods Drive south 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 3771, pages 198-206, with a 50-foot right-of -way width, for a length of 0.21
miles.
2) Langdon Woods Drive (State Route 1759) from (Route 1758) Langdon Drive south 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 3771, pages 198-206, with a 50-foot right-of -way width, for a length of 0.38
miles.
3) Langdon Drive (State Route 1758) from (Route 663) Simmons Gap Road south to (Route 1759)
Langdon Woods Drive, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3771, pages 198-206, with a 50-foot right-of-way width, for a
length of 0.11 miles.
Total Mileage – 0.70
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ATTACHMENT 4
CONDITIONS OF APPROVAL
SP-2012-00021. Faith & Grace Christian Fellowship (Sign #77&80).
1. Development and use shall be in general accord with the conceptual plan titled “Faith and Grace Christian
Fellowship,”prepared by Nathaniel Rexrode, dated January 13, 2013 (hereafter “Conceptual Plan”), as
determined by the Director of Planning and the Zoning Administrator. To be in general accord with the
Conceptual Plan, the development and use shall reflect the following major elements in the approximate
location, number and extent as shown on the Conceptual Plan:
• location and size of the church building
• the location of the parking areas and the entrances from the public road
• location and extent of plantings
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
2. The structure labeled on the conceptual plan as “1 Story w/Basement” shall not be used for worship
services.
3. The use shall not commence until all parking spaces have been delineated by the use of parking stops.
4. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting
properties.
5. There shall be no day care center or private school on site without approval of a separate special use
permit.
6. The use shall not commence without written approval from the Virginia Department of Health of the water
supply and septic system.
7. The use shall not commence without approval from the building official and the fire official.
8. The use shall not commence until a plat combining tax map parcels 087B0-00-00-001A0 and 087B0-00-00-
00200 has been recorded.
9. The use shall commence on or before August 14, 2015 or the permit shall expire and be of no effect.
10. The use shall not commence until a fence is installed along the full length of the property boundary with
parcel 08700-00-00-03300 (provided that the fence shall not be placed to interfere with sight distance from
the church entrance). The fence shall be a solid board fence, shall be six feet tall, shall be between the
church building and the property boundary, and shall remain unpainted. The fence shall be installed and
maintained in good condition by the applicant in a location that does not require the removal of any trees of
more than three (3) inches diameter at breast height (DBH) between the church building and parcel 08700-
00-00-03300.
11. Outdoor amplified sound is prohibited and for any indoor amplified sound the windows shall be closed.
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ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in a regular meeting on the 14th day of
August , 2013, adopted the following:
R E S O L U T I O N
WHEREAS, the Virginia Department of Transportation has provided the Board of County Supervisors of
Albemarle County, Virginia, with a sketch dated October 28, 2011, depicting the additions, discontinuances and
abandonments required in the secondary system of state highways; and
WHEREAS, the portions of Route 631 (Rio Road) identified to be discontinued is deemed to no longer
serve public convenience warranting maintenance at public expense; and
WHEREAS, the new road serves the same citizens as those portions of old road identified to be abandoned
and those segments no longer serve a public need; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors abandons as part of the secondary
system of state highways those portions of Route 631 (Rio Road), identified as from 0.44 miles southeast of Route
650 (Seg G) to 0.58 miles south of Route 650 (Seg L), for a distance of 0.14 miles; those portions of Route 631 (Rio
Road) from 0.17 miles southeast to Route 650 (Seg E) to 0.44 miles southeast of Route 650 (Seg G), for a distance
of 0.27 miles; and those portions of Route 631 (Rio Road), identified as from 0.44 miles southeast of Route 650
(Seg G) to 0.05 miles east (Seg H), for a distance of 0.05 miles, pursuant to Section 33.1-155, of the Code of
Virginia; and
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby requests the Virginia Department of
Transportation to add to the secondary system of state highways those portions of Route 631 (Rio Road) identified
as from 0.17 miles southeast of Route 650 (Seg E) to 0.32 miles southeast of Route 650 (Seg D) for a distance of
0.15 miles, with a right-of -way width of 80.5 feet; those portions of Route 885 (Dunlora Drive) identified as from 0.32
miles southeast of Route 650 (Seg D) to 0.36 miles southeast of Route 650 (Seg J) for a distance of 0.04 miles,
with no right-of -way width; those portions of Route 631 (Rio Road) identified as from 0.39 miles southeast of Route
650 (Seg C) to 0.32 miles southeast of Route 650 (Seg D) for a distance of 0.07 miles, with a right -of -way width of
80.5 feet; those portions of Route 631 (Rio Road) identified as from 0.05 miles southeast of Route 2500 (Seg K) to
0.08 miles southeast of Route 2500 (Seg L) for a distance of 0.03 miles, with a variable right-of -way width of 67
feet; those portions of Route 1177 (Dunlora Drive) identified as from 0.05 miles southeast of Route 2500 (Seg K) to
0.11 miles east of Seg (J) for a distance of 0.11 miles, with no right-of -way width; those portions of Route 1177
(Dunlora Drive) identified as from 0.07 miles west of Route 1239 (Seg J) to 0.03 miles west of Route 1239 (Seg H)
for a distance of 0.04 miles, with no right-of -way width; those portions of Route 631 (Rio Road) identified as from
Route 2500, a distance of 1.01 miles north of Route 3412 (Seg C) to 0.05 miles southeast of Route 2500 (Seg K)
for a distance of 0.05 miles, with a variable right -of -way width of 67 feet; those portions of Route 2500 (John W.
Warner Parkway) from A-Melbourne Road (City street) to 0.70 miles north of Melbourne Route (B-Bridge Structure
6402), a distance of 0.70 miles, with a variable right-of -way width of 41 feet; and those portions of Route 2500 (John
W. Warner Parkway) identified as from 0.70 miles north of the intersection with Route 3412 (Node B) to 0.31 miles
north to intersection with Route 631 (Rio Road)(Node C), for a distance of 0.31 miles, with no right -of-way width,
pursuant to Section 33.1-229, of the Code of Virginia; and
RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.