HomeMy WebLinkAbout12032014actions 1
ACTIONS
Board of Supervisors Meeting of December 3, 2014
December 4, 2014
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 1:04 p.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.
Ann Mallek:
Thanked staff for notice in tax bill about on-line
access for tax information.
Jane Dittmar:
Announced that the Town of Scottsville has a
newly elected Councilor, Graham Prichard, an
immigration attorney. The Town is planning a
sesquicentennial commemoration of the
Sheridan’s Civil War raid in March 2015. The
Town has also revitalized its Chamber.
Announced that Ms. Jordan will be sending
Board members information about upcoming
VACo and NACo meetings.
6. Recognitions:
a. 2014 Virginia Association of Counties/Virginia
Municipal League (VACO/VML) Go Green Virginia
Challenge Award.
Ms. Mallek read and presented to Andy
Lowe and George Shadman.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Charles Battig, resident of White Hall District,
made a presentation on climate control.
Listen
8.2 SDP-2014-00063. Bojangles at Rivanna Ridge –
Special Exception.
ADOPTED resolution approving the special
exception to allow an eleven (11)-foot wide one
(1)-way access aisle for the drive through
window.
Clerk: Forward copy of signed
resolution to County Attorney’s
office and Community
Development. (Attachment 1)
Listen
8.3 Schedule public hearing to consider adoption of
Ordinance to amend County Code Chapter 12,
Article I, False Alarms.
SET public hearing on proposed ordinance for
January 7, 2015.
Clerk: Advertise and schedule
on agenda.
8.4 Proposed Revision to Personnel Policy §P-25.
ADOPTED resolution to amend Personnel
Policy §P-25, Standards of Conduct.
Clerk: Forward copy of signed
resolution to County Attorney’s
office and Human Resources.
(Attachment 2)
8.5 SDP-2014-00054. Glenmore Ground Storage
Water Tank, Pump Station, and Water Mains –
Special Exception.
ADOPTED resolution approving special
exception to allow 32 foot side setback and 20
Clerk: Forward copy of signed
resolution to County Attorney’s
office and Community
Development. (Attachment 3)
2
foot rear setback subject to conditions.
10. FY 14 Comprehensive Annual Financial Report
(CAFR).
By a vote of 6:0, ACCEPTED the FY 14
Comprehensive Annual Financial Report.
Listen
11. Report on the Economic Viability of Using the Ivy
Materials Utilization Center as a Transfer Station
and Consideration of Near Term Solid Waste
Service Options.
DIRECTED staff to follow-up with the Virginia
Department of Environmental Quality regarding
permitting requirements for a new transfer
station facility at the Ivy MUC.
DIRECTED staff to determine if DEQ would
consider a request to extend the deadline of
the current Letter of Agreement beyond April 1,
2014.
DIRECTED staff to determine if DEQ would
allow the existing transfer station to remain in
operation, without permit modification, during
the design, permitting and construction of a
new transfer station if necessary.
DEFERRED further action to December 10,
2014.
Clerk: Schedule on December 10
agenda.
Listen
12. Consideration of Support Legislation – DNA
Database Expansion.
CONSENSUS to express support to
legislators.
Listen
Recessed at 3:35 p.m.; Reconvened at 3:50
p.m.
13. VDOT Culpeper District, Albemarle County
Monthly Report.
RECEIVED.
Listen
14. Route 29 Solutions Project.
Route 29 Solutions Project Update.
RECEIVED.
Route 29 Solutions Business Assistance
Program.
DISCUSSED.
Lee Catlin: Proceed as
discussed.
Listen
15. Closed Meeting.
At 4:42 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 annual
performance review of the County Executive;
under subsection (7) to consult with and be
briefed by legal counsel and staff regarding
specific legal matters requiring legal advice
relating to the negotiation of easements on the
County Office Building property; and under
subsection (7) to consult with and be briefed by
legal counsel and staff regarding probable
litigation concerning purchasing issues
because a public discussion would adversely
Listen
3
affect the litigating posture of the County.
16. Certify Closed Meeting.
At 5:12 p.m., the Board reconvened into open
meeting and certified the closed meeting.
Listen 17. Boards and Commissions: Appointments.
All appointments made during night portion of
the meeting.
18. Work Session: Five Year Financial Plan.
HELD.
19. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Laura Knox, Executive Director of SMART29
Coalition presented the Board with 640
signatures asking the Governor to intercede
and direct VDOT to suspend proceeding with
the grade separated interchange and to
complete the parallel road projects before
construction of any interchange.
Listen
20. Pb. Hrg: SP-2014-00013. Broadway Street
Soccer (Indoor).
By a vote of 6:0, ADOPTED resolution to
approve SP-2014-00013 subject to conditions.
Clerk: Forward copy of signed
resolution to County Attorney’s
office and Community
Development. (Attachment 4)
Listen
21. Albemarle County Service Authority (ACSA)
Quarterly Report.
RECEIVED.
Clerk:
Listen
22. Rivanna Water and Sewer Authority (RWSA)
Quarterly Report.
RECEIVED.
Listen
23. Board Rules of Procedures :
a. Policy on Presentations and Reports to Board
from Organizations/Boards and Committees.
RECEIVED.
b. Draft Policy on Proclamations and
Recognitions.
RECEIVED.
Listen
24. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
a. Update on Rivanna Station.
RECEIVED.
b. Request Letter to Federal Legislators, re:
funding for broadband
CONSENSUS that Chair draft and send
letter.
Ann Mallek:
Announced that the Historic Preservation
Committee would be sending in some
suggestions for the Board to consider about
documentation on historic building destruction.
Announced that the Piedmont Workforce
Network would be sending out an RFP for
managing the OneStop operation.
Announced that notes from the third round CIP
meeting would be available in the coming
weeks.
Listen
4
Commented on health issues related to turf
fields used at high schools.
25. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Highlighted various items from the County
Executive’s Monthly report.
Announced that the Tuesday prior to the
second Wednesday would be scheduled in the
upcoming year for continuation of the Comp
Plan.
Non Agenda. Closed Meeting.
At 8:51 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 annual
performance review of the County Executive;
and under subsection (7) to consult with and
be briefed by legal counsel and staff regarding
probable litigation concerning purchasing
issues because a public discussion would
adversely affect the litigating posture of the
County.
Certify Meeting.
At 9:28 p.m., the Board reconvened into open
meeting and certified the closed meeting.
Listen
Boards and Commissions: Appointments.
REAPPOINTED Mr. Ross Stevens to the
Acquisition of Conservation Easements (ACE)
Appraisal Review Committee with said term to
expire December 31, 2015.
REAPPOINTED Mr. Steve Janes, as the
Rivanna District representative, Ms. Tammie
Moses, as the Jack Jouett District
representative, Ms. Nancy Fleischman, as the
White Hall District representative, Mr. Kevin
Quick, as the Scottsville District representative,
Ms. Judy Savage Jones, as the Rio District
representative and Mr. John Lowry, as the
Samuel Miller District representative to the
Equalization Board with said terms to expire
December 31, 2015.
APPOINTED Mr. Dean Johnson and Mr. Brian
Campbell to the Joint Airport Commission with
said terms to expire December 1, 2017.
REAPPOINTED Mr. Bruce Dotson to the
Public Recreational Facilities Authority with
said term to expire December 31, 2017.
APPOINTED Mr. Paul Haney to the Water
Resources Funding Advisory Committee with
said term to expire October 30, 2015.
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
26. Adjourn to December 4, 2014, 12:00 noon, Room
241.
The meeting was adjourned at 9:30 p.m.
5
ewj/tom
Attachment 1 – Resolution – SDP-2014-00063. Bojangles at Rivanna Ridge – Special Exception
Attachment 2 – Resolution – Revision to Personnel Policy §P-25, Standards of Conduct
Attachment 3 – Resolution – SDP-2014-00054. Glenmore Ground Storage Water Tank, Pump Station, and
Water Mains – Special Exception, with conditions
Attachment 4 – Resolution – SP-2014-00013. Broadway Street Soccer (Indoor), with conditions
6
ATTACHMENT 1
RESOLUTION
WHEREAS, Rivanna Ridge Charlottesville, LLC is the owner of Tax Map and Parcel Number 07800-00-
00-073A2 (the “Property”); and
WHEREAS, Albemarle County Code § 18-4.12.17(c)(2) requires that one-way access aisles be 12 feet
in width; and
WHEREAS, Wilgo Bo Pantops, LLC filed a request for a special exception in conjunction with SDP
2014-00063, Bojangles at Rivanna Ridge, to allow an 11-foot-wide one-way access aisle for the drive-through
window as depicted on the pending site plan for the property under review by the County’s Department of
Community Development.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the application, the supporting analysis included in the executive
summary, and all of the factors relevant to the special exception in Albemarle County Code §18 -4.12.2(c)(2), the
Albemarle County Board of Supervisors hereby approves the special exception to allow an 11-foot-wide one-way
access aisle for the drive-through window.
7
ATTACHMENT 2
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy has been adopted by the Board of Superv isors;
and
WHEREAS, the Board desires to amend the definition of the unauthorized use of County property.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia,
hereby amends Section P-25, Standards of Conduct, of the County of Albemarle Personnel Policy, as follows:
Section P-25 STANDARDS OF CONDUCT
The Board requires that all of its employees will conduct themselves in a manner which reflects favorably upon
them as a representative of local government. To this end, the Board will establish and maintain certain
standards of conduct designed to:
1. Establish a fair and objective process for correcting and treating unacceptable conduct;
2. Distinguish between less serious and more serious misconduct and provide timely corrective action.
The standards of conduct are intended to be illustrative but not all inclusive of the type of conduct expected of
local employees.
At a minimum, the following standards are expected of all employees:
1. Timely and regular attendance;
2. dependable application of time – employees are expected to apply themselves to their assigned duties
during the full schedule for which they are compensated except for reasonable time provided for such
things as personal hygiene;
3. Satisfactory work performance;
4. Appropriate attire;
5. Courteous and professional behavior toward the public and fellow employees.
The following are examples of unacceptable conduct:
1. Unsatisfactory attendance, performance, or excessive tardiness;
2. Abuse of County time such as unauthorized time away from the work area;
3. Obscene or abusive language;
4. Conviction of a moving violation or failure to notify supervisor of an accident while using a County
vehicle;
5. Failure to follow a supervisor’s instructions, perform assigned work or comp ly with established County
policy;
6. Leaving the work site without permission during work hours;
7. Failure to report to work without proper notification;
8
8. Unauthorized use or misuse of County property or records. Unauthorized use of County property
includes, but is not limited to, personal use of telephones, computers, and related devices and peripheral
equipment that are the property of the County to the extent that such personal use interferes with an
employee’s productivity or work performance, or the use of such property to engage in political activities.
Political activities shall be those activities as defined in Virginia Code § 15.2 -1512.2(C) and shall include,
but shall not be limited to, participating in the activities of, or contributing to, a polit ical party, candidate or
campaign or an organization that supports a political candidate or campaign; soliciting votes or
endorsements on behalf of a political candidate or campaign; or expressing opinions on political subjects
and candidates. Pursuant to Virginia Code Section 15.2-1505.2, this Standard of Conduct shall apply to
all officers and employees of the County who utilize County property;
9. Violation of safety rules to include negligent driving of a County vehicle;
10. Falsifying any records such as, but not limited to, vouchers, reports, insurance, time records, leave
records or other official records;
11. Willfully or negligently damaging or defacing records, County property, or other employee property;
12. Theft or unauthorized removal of County records or property;
13. Gambling on County property or during work hours;
14. Threatening or coercing employees;
15. Indebtedness to the County;
16. Use of an employee’s work time or work environment to promote a political candidate;
17. Inadequate or unsatisfactory job performance; *
18. Acts of physical violence or fighting on the job; *
19. Reporting to work or any work or school related activity after any consumption of alcohol or unlawful use
of controlled substance(s); *
20. Possession or use of alcohol or controlled substance(s), unauthorized firearms, dangerous weapons, or
explosives on the job; *
21. Criminal convictions for acts of conduct occurring on or off the job which are plainly related to job
performance or of such a nature that to continue the employee in the assigned positi on could constitute
negligence in regard to the County’s duty to the public or its employees. *
May result in immediate dismissal.
Individual departments may have additional standards of conduct as defined by the department head. These
standards should be in writing, and should be approved by the County Executive and shared with the
department’s employees.
Amended: August 4, 1993, February 1, 2002
9
ATTACHMENT 3
RESOLUTION
WHEREAS, the County of Albemarle (the “County”) and the East Rivanna Volunteer Fire Company, Inc.
(“ERVFC) are the owners of Tax Map and Parcel Number 093A1-00-00-00200 (the “Property”); and
WHEREAS, the Albemarle County Service Authority (“ACSA”) filed a request for a special exception in
conjunction with SDP 2014-00054, Glenmore Ground Storage Water Tank, Pump Station and Water Mains, to
allow a 35-foot tall water tank to encroach the 35-foot structure setback along the side and rear lot lines as
depicted on the pending site plan for the property under review by the Co unty’s Department of Community
Development.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the application, and its supporting analysis included as Attachment C
thereto, and all of the factors relevant to the special exception in Albemarle County Code § 18 -4.10.3.1, the
Albemarle County Board of Supervisors hereby approves the special exception to reduce the side setback from
35 feet to 32 feet and to reduce the rear setback f rom 35 feet to 20 feet along the respective property lines
abutting Tax Map and Parcel Number 093A1-00-00-00400, subject to the conditions attached hereto.
* * *
SDP 2014-00054 Glenmore Ground Storate Water Tank,
Pump Station, and Water Mains Special Exception Condition
1. The Albemarle County Service Authority (the “Authority”) shall obtain a landscaping easement (the
“Landscaping Easement”) on Tax Map and Parcel Number 093A1-00-00-00400 in the location shown for
the “Prop. 20’ Landscaping Easement” on the Site Plan – Grading Plan and Landscaping Plan (the
“Plan”), last revised November 4, 2014, attached hereto, subject to the following:
A. Any tree shown on the Plan whose trunk is located within the Landscaping Easement shall be
preserved and maintained by the Authority;
B. If any tree within the Landscaping Easement dies, is removed, or is otherwise cut so as to no
longer provide the screening intended by this condition as determined by the Director of
Community Development, the Authority shall promptly submit a landscape plan that complies
with Albemarle County Code § 18-32.7.9 and which will provide screening as provided by
Albemarle County Code § 18-32.7.9.7;
C. After the landscape plan is approved by the County, the Authority shall install and thereafter
maintain any landscaping shown on the approved landscape plan;
D. The Zoning Administrator may allow minor variations in the location of the Landscaping
Easement provided that the screening purpose of the Landscaping Easement is satisfied; and
E. The deed of easement and easement plat for the Landscaping Easement shall be subject to
review and approval by the County before they are recorded in the Clerk’s Office of the Circuit
Court of Albemarle County, Virginia.
2. If the Authority does not obtain the Landscaping Easement as provided in Condition 1, it shall:
A. Submit a landscape plan that complies with Albemarle County Code § 18-32.7.9 and which will
provide screening as provided by Albemarle County Code § 18-32.7.9.7 to the equivalent extent
practicable that would have been provided under Condition 1, as determined by the Director of
Community Development; and
B. After the landscape plan is approved by the County, the Authority shall install and thereafter
maintain any landscaping shown on the approved landscape plan.
10
11
ATTACHMENT 4
RESOLUTION TO APPROVE
SP 2014-13 BROADWAY STREET SOCCER (INDOOR)
WHEREAS, VAS of Virginia, Inc. (the “Owner”) is the owner of Tax Map and Parcel Numbers 07700-00-
00-040K0, 07700-00-00-040J0, and 07700-00-00-040L0 (the “Property”); and
WHEREAS, the Owner filed an application for a special use permit to establish an indoor soccer training
facility within an existing building, and the application is identified as Special Use Permit 2014 -00013 Broadway
Street Soccer (Indoor) (“SP 2014-13”); and
WHEREAS, on November 11, 2014, after a duly noticed public hearing, the Albemarle County Planning
Commission recommended approval of SP 2014-13 with the conditions recommended by County staff; and
WHEREAS, on December 3, 2014, the Albemarle County Board of Supervisors held a duly noticed
public hearing on SP 2014-13.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report
prepared for SP 2014-13 and all of its attachments, the inform ation presented at the public hearing, and the
factors relevant to a special use permit in Albemarle County Code § 18-33.8, the Albemarle County Board of
Supervisors hereby approves SP 2014-13, subject to the conditions attached hereto.
* * *
1. The indoor athletic facility shall be limited to fifty percent (50%) of the production area, as shown on the
Data Visible Corporation Landscaping Plan, prepared by Wiley & Wilson, and dated 4/7/87 (attached
hereto). All parking for the facility shall be located in areas designated on the landscaping plan,
referenced above. Any additional buildings or other site changes related to the indoor athletic facility use,
except for those required by the conditions of this permit, require an amendment to this Special Use
Permit; and
2. SP-2014-00013 shall expire on December 3, 2018.
12