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ACTIONS
Board of Supervisors Meeting of April 2, 2014
April 3, 2014
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called back to order at 9:00 a.m.,
by the Chair, Ms. Dittmar. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
ADOPTED, by a vote of 6:0, the final agenda.
5. Brief Announcements by Board Members.
Liz Palmer:
Club Yancey will be hosting a golf tournament
on Monday, April 7, at the Spring Creek Golf
Club in Gordonsville.
Ann Mallek:
In celebration of the Monticello wine growing
area, the awarding of the Monticello Cup will
be held at the Jefferson Theater on Thursday,
April 10, 6:00 p.m. to 10:00 p.m. Secretary of
Agriculture Todd Haymore will be present.
Blue Ridge PACE Center, an all-inclusive care
for the elderly, is open. More inform ation is
available through JABA.
A number of County and area schools
participated in the Piedmont Master
Gardeners grant program to develop school
yard gardens.
Beginning Saturday, April 5, there will be live
fire training at the training pad along the
northwest corner of the Airport property.
DMV 2 Go, DMV’s mobile customer service
center, will be at the Earlysville Volunteer Fire
Company, May 1, August 5 and November
24, 2014.
Jane Dittmar:
Has completed her three town hall meetings.
Thanked County staff for its support at the
meetings.
6. Recognitions:
a. Elaine Echols as Fellow in the American
Institute of Certified Planners (FAICP).
Mr. Sheffield recognized Elaine Echols.
b. Proclamation recognizing April 2014 Fair
Housing Month.
Ms. Palmer read the proclamation and
presented to Margaret David, Piedmont
Housing Alliance.
ADOPTED, by a vote of 6:0, the proclamation.
c. Innovative Leaders Institute.
Mr. Foley introduced the program and
recognized staff who has participated in the
Institute.
(Attachment 1)
Listen
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
David Wyant, Rio District, spoke about
funding additional staff at the Crozet Library.
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Sarasa Subramony, Roslyn Ridge
Subdivision, asked the Board to work with
VDOT to return properties that were
purchased for right-of-way for the Route 29
Western Bypass to the County tax rolls.
Doug Arrington, Samuel Miller District, spoke
about the Board’s review of the
Comprehensive Plan.
Elly Tucker, Jack Jouett District, asked the
Board to adopt a resolution to request VDOT
to begin the process of liquidating the
properties it acquired for the Bypass right-of-
way as soon as possible.
Kirk Bowers, Rivanna District, expressed
support for a tax increase.
Martha Wilhelm, Jack Jouett District, asked
the Board to remove the Bypass from the Six
Year Plan and work with VDOT to return
properties that were purchased for right-of-
way for the Route 29 W estern Bypass to the
County tax rolls.
Laney Kaminer, Montvue Homeowners
Association, asked the Board to support and
encourage the sellback of the properties
acquired by VDOT for the Bypass.
Charles Battig, spoke about the
Comprehensive Plan.
Milton Moore, spoke about how the proposed
Bypass has affected the sale of his home.
Jane Porter Fogleman, asked the Board to
encourage the sellback of the properties
acquired by VDOT for the Bypass.
Tammie Moses, Roslyn Heights, asked the
Board to adopt a resolution to request VDOT
to sellback the properties acquired for the
Bypass
Jeff Werner, PEC, spoke about African-
American sites discovery during discussions
of the Bypass and asked that the Board
ensure that the history of these sites not get
lost.
Nancy Flynn spoke about the Board’s review
of the Comprehensive Plan.
Listen
8.2 ZMA-2013-00014. North Pointe Neighborhood
Investments (Sign #115) (deferred from March
12, 2012).
ADOPTED, Resolution to approve ZMA 2013-
00014, North Pointe Neighborhood
Investments, with revised proffers dated March
25, 2014.
Clerk: Forward copy of
signed resolution to
Community Development
and County Attorney’s office.
(Attachment 2)
Listen
8.3 FY 2014 Budget Amendment and Appropriations.
APPROVED, appropriations #2014083,
#2014084 #2014086, #2014087, #2014088,
#2014090, #2014091 and #2014093 for
general government programs.
Clerk: Notify OMB, Finance and
appropriate individuals.
8.4 Amendment to Albemarle County Purchasing
Manual.
ADOPTED, Resolution to amend and re-adopt
the Albemarle County Purchasing Manual by
amending Chapter 22, Small Purchases, and
Clerk: Forward copy of adopted
resolution to Finance,
Purchasing and County
Attorney’s office. (Attachment 3)
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by adding Chapter 29, Participation of Small
Businesses and Minority-Owned, Women-
Owned, and Service Disabled Veteran-Owned
Businesses in County Procurement.
8.5 Lewis & Clark Exploratory Center Loan Extension.
APPROVED, LCEC’s requested repayment
deadline for repayment of the loan to October
17, 2014; REQUESTED, that the EDA extend
the date by which the loan is due and payable
and amend the promissory note to allow for the
extension subject to the same terms and
conditions; and AUTHORIZED the County
Executive to sign an amended loan agreement
and promissory note with the EDA on behalf of
the County after approval of form and
substance by the County Attorney.
County Attorney’s office:
Provide Clerk with signed
copy of agreement.
8.6 SDP-2013-00011. Old Trail Village, Block 2B –
Special Exception to Authorize Variation #14 from
ZMA2004-0024.
APPROVED, special exception, subject to the
following condition:
1. Development results in a building that is in
general accord with the architectural
drawings numbered A2.1 and A2.2 entitled
“The Rutherfoord Hotel at Old Trail” and
dated 07-08-2013.
David Benish/Johnathan
Newberry: Proceed as
approved.
8.7 ZTA-2012-00010. Off-site Signs (defer to May 7,
2014).
DEFFERED to May 7, 2014 agenda.
Clerk: Schedule on May 7,
2014 agenda.
9. Water Resources Community Engagement
Process.
APPROVED, by a vote of 6:0, to proceed with
the proposed engagement process to include
representation on the Advisory Committee
from large apartment complexes, development
community/large shopping center, with 15 as
the optimal size, and to AUTHORIZE the RFP
process with staff bringing back a defined
scope for review.
County Executive’s office:
Proceed as recommended
Listen
10. Solid Waste Options.
Held discussion.
Consensus that staff prepare and provide at a
future meeting additional information to assist
the Board in determining which approach is the
most desirable considering costs for
construction and operation at Ivy, as well as
services to be provided. Board members to
provide any additional questions to staff.
Consensus that staff bring back to the Board
for further consideration viable alternatives for
providing increased recycling opportunities for
County residents in the near term , to include
cooperation with public, private and regional
entities.
APPOINTED, by a vote of 5:0:1(Boyd-
abstained), the Albemarle County appointees
to the Rivanna Solid Waste Authority Citizens
Committee, as an advisory committee to the
Board to do initial work on long term solutions
for solid waste.
County Executive: Proceed as
discussed.
Listen
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Consensus that staff meet with committee to
draft a charge to bring back to Board for
consideration.
The Board recessed at 11:37 a.m., and
reconvened at 11:51 a.m.
11. Comprehensive Plan Review Process.
Consensus to proceed with Alternative 1 as
recommended by staff.
Consensus that Board provide Ms. Echols
with any other topics of discussion by April 9th.
Consensus that Board schedule work
sessions from 4:00 p.m. to 6:00 p.m., during its
regular day meeting, and from 5:00 p.m. to
7:00 p.m., at its regular night meetings, and to
allow up to 15 minutes at the beginning of each
work session to receive public comments.
Elaine Echols: Proceed as
discussed.
Listen
12. B. F. Yancey Elementary School Community Use.
Continued discussion at end of meeting.
Listen
13. Board of Supervisors Annual Retreat.
By a vote of 6:0, APPROVED the proposed
consultant and the outlined goals as
recommended by staff for the retreat.
Louise Wyatt: Proceed as
discussed.
Listen
14. Board of Supervisors/City Council Joint Meeting.
AGREED that the purpose of the meeting is to
socialize and agree on priority items to work on
for the future.
County Executive: Proceed as
discussed.
Listen
15. Closed Meeting.
At 12:55 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 in which there are pending
vacancies or requests for reappointments;
under Subsection (1) to discuss the
assignment of a specific public safety
employee; under Subsection (3) to discuss the
acquisition of real property for court facilities
because an open meeting discussion would
adversely affect the bargaining position of the
County; and under Subsection (7) to consult
with and be briefed by legal counsel and staff
regarding probable litigation concerning a
personnel matter because a public discussion
would adversely affect the litigating posture of
the County.
Listen
16. Certified Closed Meeting.
At 1:47 p.m., the Board reconvened into open
meeting and certified the closed meeting.
17. Boards and Commissions: Appointments.
REAPPOINTED Ms. Frances Hooper to the
Citizens Transportation Advisory Committee
(CTAC), with said term to expire April 3, 2017.
REAPPOINTED Mr. Russell Lafferty as the
Planning Commission liaison to the Citizens
Transportation Advisory Committee (CTAC)
with said term to expire April 3, 2017.
APPOINTED Ms. Nancy Fleischman as the
White Hall District representative to the
Equalization Board with said term to expire
December 31, 2014.
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
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APPOINTED Ms. Angela Lynn as the White
Hall District representative to the Social
Services Advisory Board to fill an unexpired
term ending December 31, 2015.
APPOINTED Mr. Lynwood Bell as the Rivanna
District representative to the Social Services
Advisory Board to fill an unexpired term
commencing May 13, 2014 and ending
December 31, 2015.
REAPPOINTED Ms. Cyndi Burton to the
Village of Rivanna Community Advisory
Council, with said term to expire March 31,
2016.
APPOINTED Supervisor Liz Palmer to the
Thomas Jefferson Planning District
Commission (TJPDC), with said term to expire
December 31, 2015.
18. PVCC Annual report.
RECEIVED.
Listen
19. Board-to-Board, March, 2014 Monthly
Communications Report from School Board.
RECEIVED.
Listen
20. Historic Preservation Committee’s 2013 Annual
Report.
RECEIVED.
Listen
21. VDoT Quarterly report and Six Year Secondary
Road Plan Process Overview.
RECEIVED.
Listen
22. Albemarle County Broadband Task Force Update.
RECEIVED.
Listen
23. Work Session: Comprehensive Plan Amendment -
Cash Proffer Policy for Public Facilities.
By a vote of 6:0, ADOPTED Resolution of
Intent and DIRECTED staff to proceed
following the process outlined at Option 2.
Clerk: Forward copy of adopted
resolution to Community
Development and County
Attorney’s office.
(Attachment 4)
Listen
24. Work Session: Phase 2 Wireless Amendments to
include public comments.
HELD.
Listen
24a. Resolution urging General Assembly to pass State
budget.
By a vote of 5:1 (Boyd), ADOPTED resolution.
Clerk: Forward resolution to
representatives.
(Attachment 5)
Listen
12. Continued discussion of agenda items #12, B.F.
Yancey Elementary School Community Use.
By a vote of 6:0, APPROVED, $10,000 to keep
Yancey School open for weekend
programming for the Intergenerational Center,
for FY14 and FY15 with one-time funds from
Reserve for Contingencies.
By a vote of 6:0, AUTHORIZED Chair to sign
letter of endorsement.
Listen
25. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Liz Palmer:
Suggested that a Planning Commission liaison
be added to the Natural Heritage Committee.
Asked Mark Graham if he could provide the
Board with more information on the oversight
of the approved intern for the Natural Heritage
Committee.
Brad Sheffield:
Listen
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In response to concerns that were made from
members of the public, asked if the Board
wanted to send a letter to the Route 29
Advisory Panel requesting that VDOT abandon
properties it acquired for the bypass right-of-
way.
Asked the County Executive to confirm the
time and place of the May CTB meeting.
26. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Highlighted and discussed the monthly County
Executive’s report.
Announced that the packet on the County’s
Community Engagement process was in
Dropbox.
27. Closed Meeting.
At 6:08 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (1) to
discuss the performance standards and
evaluation process for specific County
employees appointed by the Board.
Listen
28. Certify Closed Meeting.
At 7:21 p.m., the Board reconvened into open
meeting and certified the closed meeting.
29. Adjourn to April 8, 2014, 6:00 p.m., Auditorium.
The meeting was adjourned at 7:22 p.m.
ewj/tom
Attachment 1 – Proclamation recognizing April 2014 Fair Housing Month
Attachment 2 – Resolution - ZMA-2013-00014. North Pointe Neighborhood Investments
Attachment 3 – Resolution - Amendment to Albemarle County Purchasing Manual
Attachment 4 – Resolution of Intent – Cash Proffer Policy for Public Facilities
Attachment 5 – Resolution urging General Assembly to pass State budget
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ATTACHMENT 1
FAIR HOUSING MONTH
WHEREAS, April is Fair Housing Month, and marks the forty -sixth anniversary of the passage of the Federal
Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988); and
WHEREAS, the Fair Housing Act provides that no person shall be subjected to discrimination because of
race, color, national origin, religion, sex, disability, or familial status in the rental, sale, financing or
advertising of housing (and the Virginia Fair Housing Law also prohibits housing discrimination
based on elderliness); and
WHEREAS, the Fair Housing Act supports equal housing opportunity throughout the United States; and
WHEREAS, fair housing creates healthy communities, and housing discrimination harms us all; and
WHEREAS, Albemarle County supports equal housing opportunity and seeks to affirmatively further fair
housing not only during Fair Housing Month in April, but throughout the year
NOW, THEREFORE, BE IT RESOLVED,
that in the pursuit of the shared goal and responsibility of providing equal housing
opportunities for all men and women, the Board of County Supervisors of Albemarle County,
Virginia, does hereby join in the national celebration by proclaiming
APRIL, 2014
as
FAIR HOUSING MONTH
and encourages all agencies, institutions and individuals, public and private, in Albemarle County
to abide by the letter and the spirit of the Fair Housing law.
Signed and sealed this 2nd day of April, 2014.
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ATTACHMENT 2
RESOLUTION TO APPROVE ZMA 2013-00014
NORTH POINTE NEIGHBORHOOD INVESTMENTS - NP, LLC
WHEREAS, the application of Neighborhood Investments - NP, LLC, to amend the zoning map for Tax
Map and Parcel Number 03200-00-00-022K0 (the “Property”) is identified as ZMA 2013-00014, North Pointe
Neighborhood Investments (hereinafter, “ZMA 2013-00014”); and
WHEREAS, the Property is zoned Neighborhood Model District, subject to the “North Pointe Community”
application plan, last revised June 13, 2006, and the proffers accepted in conjunction with ZMA 2000 -00009; and
WHEREAS, ZMA 2013-00014 proposed to amend the proffers applicable to the Property to change the
timing and the obligation of the Property to construct Northwest Passage as provided in Proffer 5.3.1(c) and to
make other changes to the proffers previously accepted by the Board of Supervisors in conjunction with its
approval of ZMA 2013-00007, which pertained to other parts of the lands subject to the North Pointe Community
application plan; and
WHEREAS, the Board held a public hearing for ZMA 2013-00014 on March 12, 2014 after notice was
provided as required by Virginia Code §§ 15.2-2204 and 15.2-2285, and Albemarle County Code § 18-33; and
WHEREAS, the Board deferred acting on ZMA 2013-00014 in order to allow an amended proffer
statement to be submitted that made only changes in form to the statement; and
WHEREAS, an amended proffer statement has been submitted.
NOW, THEREFORE, BE IT RESOLVED that upon consideration of the material and relevant factors in
Virginia Code § 15.2-2284 and for the purposes of public necessity, convenience, general welfare and good
zoning practices, the Albemarle County Board of Supervisors hereby amends the zoning map and approves ZMA
2013-00014 with proffers dated March 25, 2014 submitted by Neighborhood Investments - NP, LLC in conjunction
therewith; and
BE IT FURTHER RESOLVED that the Property also shall continue to be subject to the North Pointe
Community application plan.
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ATTACHMENT 3
RESOLUTION TO AMEND AND RE-ADOPT
THE ALBEMARLE COUNTY PURCHASING MANUAL
WHEREAS, the County of Albemarle Purchasing Manual (“Manual”) delineates not only the requirements
of the Virginia Public Procurement Act, but also the methods and procedures that best enable the County to
procure the highest quality goods and services at a reasonable cost and in an efficient, fair, and competitive
manner; and
WHEREAS, the Manual was last amended on September 4, 2013; and
WHEREAS, the Board finds it is in the best interests of the County to amend the County’s procedures for
small purchases not expected to exceed $50,000, and to adopt procedures in accordance with the Virginia Code
for the participation of small businesses and minority-owned, women-owned, and service disabled veteran-owned
businesses in County procurement.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby amends
and re-adopts the Albemarle County Purchasing Manual by amending Chapter 22, Small Purchases, and by
adding Chapter 29, Participation of Small Businesses and Minority-Owned, Women-Owned, and Service Disabled
Veteran-Owned Businesses in County Procurement.
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ATTACHMENT 4
RESOLUTION OF INTENT
WHEREAS, the Cash Proffer Policy for Public Facilities was adopted as part of the County’s
Comprehensive Plan on October 10, 2007 so that all new rezoning that include residential development would
pay for the equivalent of their full impact; and
WHEREAS, it is the consensus of the Board to review and update the Cash Proffer Policy for Public
Facilities, including “credits” and other issues identified during a public study process.
NOW, THEREFORE BE IT RESOLVED THAT for purposes of public necessity, convenience, general
welfare and good planning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of
intent to consider amending the Albemarle County Comprehensive Plan as deemed necessary in order to achieve
the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Albemarle County Planning Commission shall expeditiously hold
a public hearing on the Comprehensive Plan amendment proposed by this resolution of intent and forward its
recommendation to the Board of Supervisors.
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ATTACHMENT 5
RESOLUTION
Whereas, the Virginia General Assembly did not agree on the approval of a budget by the adjournment
date of March 8, 2014; and
Whereas, funds from the state received by Albemarle County comprise a large portion of revenues
necessary for Albemarle County to deliver many of the public services mandated by the Commonwealth; and
Whereas, the delivery of mandated public services by Albemarle County depends upon a stable and
healthy partnership between state and local governments; and
Whereas, Virginia’s local governments are subject to strict, statutory deadlines for approving certain
components of their respective budgets; and
Whereas, local governments under Sections 15.2-2500 and 15.2-2503 of the Code of Virginia are
required to approve their respective budget and tax rates by July 1 of each year; and
Whereas, by May 1 of each year, or at least 30 days after receiving an estimate of state aid, whichever is
later, local governments are required under Section 22.1-93 of the Code of Virginia to adopt an annual school
budget; and
Whereas, not later than July 1 of each year, all school divisions under Section 22.1-304 of the Code of
Virginia, must notify teachers of reductions in force due to decreased funding; and
Whereas, failure to approve a budget in a timely manner would disrupt the ability of Virginia’s businesses
and public agencies to operate effectively; and
Now, Therefore, Be It Resolved by the Albemarle Board of Supervisors that the Virginia General
Assembly and the Governor of Virginia are urged to reconcile their differences and agree on a FY 2015 -2016
budget; and
Be It Further Resolved that the Albemarle County Board of Supervisors shall transmit copies of this
resolution to the Honorable Terry R. McAuliffe, Governor of Virginia, and to members of the Virginia General
Assembly representing Albemarle County