HomeMy WebLinkAbout2002-04-17FINAL
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12.
13.
Call to Order.
Pledge of Allegiance.
Moment of Silence.
From the Public: Matters Not Listed on the Agenda.
Consent Agenda (on next sheet).
Public hearing on an ordinance to amend and reordain Chapter 2, Administration, of the Albemarle
County Code, Article V, Law Enforcement, to repeal the requirement of a national criminal records
check for concealed handgun permits.
Adopt FY 2002-03 County Operating Budget and Capital Budget, and Approve FY 2002-03 to FY
2006-07 Capital Improvements Program.
Adopt Calendar Year 2002 Tax Rates.
Public hearing on an ordinance to amend and reordain Chapter 15, Taxation, of the Albemarle
County Code, Article XIV, Enhanced Emergency Telephone Service Tax - E-911, to update the
provisions relating to the E-911 tax to be consistent with the Virginia Code and to increase the
amount of the tax from $1.39 per month to $2.00 per month for each telephone access line.
Cancel Board of Supervisors' meeting of May 8, 2002.
Approval of Minutes: October 3, 2001; and January 16, 2002.
From the Board: Matters not Listed on the Agenda.
Adjourn to April 26, 2002, 1:00 p.m., for Strategic Planning Retreat.
FOR APPROVAL:
5.1 SP-2001-065. Mosby Mountain Stream Crossing (Sign #82) (Remove from the agenda).
5.2 Resolution to accept offers to sell conservation easements under the ACE Program.
FOR INFORMATION:
5.3 Letter dated April 10, 2002, from C. Kemper Loyd, PE, Environmental Engineer Senior,
Department of Environmental Quality, to Sally Thomas, Chairman, re: Reissuance of VPDES
Permit No. VA0028398, Avionics Specialties, Inc.
ACTIONS
Board of Supervisors Meeting of April 17, 2002
April 18, 2002
AGENDA ITEM/ACTION
ASSIGNMENT
Call to order.
From the Public: Matters Not Listed on the Agenda.
· Diane LaSauce, a County resident and representative on
the Rivanna Solid Waste Authority Citizens Advisory
Committee, spoke concerning some of RSWA's proposed
cuts in services and urged the County to provide additional
funding.
5.1 SP-2001-065. Mosby Mountain Stream Crossing (Sign #82)
(Remove from the agenda).
· READVERTISED for public hearing for May 1, 2002, 10:15
a.m.
5.2 Resolution to accept offers to sell conservation easements
under the ACE Program.
· ADOPTED the attached resolution accepting the
landowners' offers to sell conservation easements to the
County; AUTHORIZED County Executive to sign the final
deeds of easement for each of the properties; and
AUTHORIZED the County Executive to sign the
cooperative agreement with the VOF.
Public hearing on an ordinance to amend and reordain Chapter
2, Administration, of the Albemarle County Code, Article V, Law
Enforcement, to repeal the requirement of a national criminal
records check for concealed handgun permits.
· ADOPTED the attached ordinance.
Adopt FY 2002-03 County Operating Budget and Capital
Budget, and Approve FY 2002-03 to FY 2006-07 Capital
Improvements Program.
· ADOPTED the attached budget resolution and APPROVED
the FY 2002-03 to FY 2006-07 Capital Improvements
Program.
Adopt Calendar Year 2002 Tax Rates.
· ADOPTED the attached resolution.
Public hearing on an ordinance to amend and reordain Chapter
15, Taxation, of the Albemarle County Code, Article XIV,
Enhanced Emergency Telephone Service Tax - E-911, to
update the provisions relating to the E-911 tax to be consistent
with the Virginia Code and to increase the amount of the tax
from $1.39 per month to $2.00 per month for each telephone
access line.
· ADOPTED the attached ordinance.
Meeting was called to Order at 7:00 p.m., by the
Chairman. All BOS members, except David
Bowerman, were present. Also present were Bob
Tucker, Larry Davis and Ella Carey.
Clerk: Acknowledge comments for signature by
From the Board: Matters not Listed on the Agenda.
· AUTHORIZED County staff or County agents to remove
rotting food from the Chiang House Restaurant, if the
Clerk: Forward adopted ordinance to Marsha
Davis for inclusion in next update of County Code,
with copy to Sheriff Robb. (Attachment 2)
10. Cancel Board of Supervisors' meeting of May 8, 2002.
· CANCELLED the May $, 2002 Board meeting.
12. Zoning staff: Proceed as directed
Clerk: Forward copy of signed resolution to Melvin
Breeden and Roger Hildebeidel. (Attachment 3)
Clerk: Forward copy of signed resolution to Melvin
Breeden and Roger Hildebeidel. (Attachment 4)
Clerk: Forward adopted ordinance to Marsha
Davis for inclusion in next update of County Code,
with copy to Melvin Breeden. (Attachment 5)
Clerk: Forward copy of signed resolution to Ches
Goodall and Larry Davis. (Attachment 1)
Chairman.
owners refuse to do so by 3:00 p.m., Friday, April 19TM.
13.
Adjourn to April 26, 2002, 1:00 p.m., for Strategic Planning
Retreat.
· At 7:59 p.m. the meeting was adjourned until April 26th.
Attachment 1 - ACE Resolution
Attachment 2 - Ordinance - Concealed Handgun Permits
Attachment 3 - Budget Resolution
Attachment 4 - Tax Levy Resolution
Attachment 5 - Ordinance - E-911 Telephone Service Tax
RESOLUTION ACCEPTING OFFERS TO SELL
CONSERVATION EASEMENTS UNDER THE ACE PROGRAM
WHEREAS, the County has received offers to sell conservation easements
under the ACE Program from the owners of the following properties:
Tax Map 40, Parcel 22; Tax Map 40, Parcel 29 (Henley)
Tax Map 37, Parcel 11; Tax Map 37, Parcel 11B (Lawson)
Tax Map 87, Parcel 64; Tax Map 99, Parcel 59; Tax Map 99, Parcel 60A
(Powell)
Tax Map 35, Parcel 26; Tax Map 35, Parcel 26B; Tax Map 35, Parcel 26C; Tax
Map 35, Parcel 32A; Tax Map 35, Parcel 43 (Young); and
WHEREAS, each owner offered to sell conservation easements on the
respective properties 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, and in the case of the Lawson properties, as modified to allow up to
three greenhouses, each having a footprint of approximately 6,000 square feet.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offers to sell conservation easements described above, or as modified by
the requirements of the Virginia Outdoors Foundation, and authorizes the County
Executive to execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owners of the properties
identified herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
of five to zero, as recorded below, at a meeting held on April 17, 2002.
Clerk, Board of County Supervisors
Aye Nay
Mr. Bowerman Absent
Mr. Dorrier X
Mr. Martin X
Mr. Perkins X
Mr. Rooker X
Ms. Thomas X
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the
County Levy for the Calendar Year 2002 for General County purposes at Seventy-Six Cents
($0.76) on every One Hundred Dollars of assessed value of real estate; at Seventy-Six Cents
($0.76) on every One Hundred Dollars of assessed value of manufactured homes; at Seventy-Six
Cents ($0.76) on every One Hundred Dollars of assessed value of public service assessments; at
Four Dollars and Twenty-Eight Cents ($4.25) on every One Hundred Dollars of assessed value of
personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred
Dollars of assessed value of machinery and tools; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all
taxable real estate and all taxable personal property.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution
adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 17,
2002.
Clerk, Board of Supervisors
BUDGET RESOLUTION
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that
the budget for the County for the Fiscal Year beginning July 1, 2002 be approved
as follows:
Administration
Judicial
Public Safety
Engineering And Public Works
Human Development (Including PVCC)
Parks, Recreation, Cultural
Community Development
Refunds
City/County Revenue Sharing
Board Contingency Reserve
Capital Improvements Budget
Stormwater Improvements
Ivy Landfill Remediation
General Government Debt Service
Capital Reserve
Education - School Operations
Education - Self-Sustaining Funds
Education - Debt Service
Special Revenue Fund Operations
Less: Inter-fund Transfers
TOTAL
$ 7,361,018
$ 2,711,207
$ 16,943,184
$ 3,292,369
$ 11,513,037
$ 4,502,869
$ 4,175,992
$ 92,100
$ 6,692,811
$ 152,182
$ 16,250,000
$ 575,000
$ 475,000
$ 970,000
$ 4,896,000
$ 99,548,862
$ 10,969,386
$ 10,473,482
$ 14,032,115
$ (3,670,589)
$ 211,956,025
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular
meeting held on April 17, 2002.
Clerk, Board of Supervisors
ORDINANCE NO. 02-15(2)
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE XIV, ENHANCED EMERGENCY
TELEPHONE SERVICE TAX--E-911, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation,
Article XIV, Enhanced Emergency Telephone Service Tax--E-911, is hereby amended and reordained as follows:
By Amending:
Sec. 15-1400
Sec. 15-1401
Sec. 15-1402
Sec. 15-1403
Enhanced emergency telephone service tax--Levy and rate; effective date; exemptions
Definitions
Collection and payment
Receipt and disbursement by finance director
CHAPTER 15. TAXATION
ARTICLE X1V. ENHANCED EMERGENCY TELEPHONE SERVICE TAX--E-911
Sec. 15-1400 Enhanced emergency telephone service tax--Levy and rate; effective date; exemptions.
A. Pursuant to Virginia Code § 58.1-3813.1, there is hereby imposed a special tax on consumers of
telephone service in the amount of two dollars ($2.00) per month for each access line.
B. Amounts collected from this tax shall be used solely to pay for reasonable, direct recumng and
nonrecurring capital costs, and operating expenses incurred by a public safety answering point in designing,
upgrading, leasing, purchasing, programming, installing, testing, administering, delivering, or maintaining all
necessary data, hardware and software required to receive and process emergency telephone calls through an E-911
system, including salaries and fringe benefits of dispatchers and direct call-takers in receiving and dispatching
emergency telephone calls, and the salary and fringe benefits of the public safety answering point director or
coordinator so long as such person has no other duties other than the responsibility for the public safety answering
point.
C. This tax shall not be imposed on federal, state or local government agencies or on consumers of
CMRS, as such term is defined in Virginia Code § 56-484.12.
D. This tax shall apply to all bills rendered on and after September 1, 2002.
(Ord. of 2-6-91; Ord. No. 95-8(1), 7-12-95; Code 1988, § 8-59; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1401 Definitions.
The following definitions shall apply to this article:
(1) Access line. The term "access line" means access by a customer to the total telephone network
provided by a local exchange carder. The levy shall apply to each access line separately.
(2) Automatic location identification" or "ALI". The term "automatic location identification" or "ALI"
means a telephone network capability that enables the automatic display of information defining the geographical
location of the telephone used to place a wireline 9-1-1 call.
(3) Automatic number identification" or "ANI'. The term "automatic number identification" or "ANI"
means a telephone network capability that enables the automatic display of the telephone number used to place a
wireline 9-1-1 call.
(4) Enhanced 9-1-1 service" or "E-911 ". The term "enhanced 9-1-1 service" or "E-911" means a service
consisting of telephone network features and PSAPs provided for users of telephone systems enabling such users to
reach a PSAP by dialing the digits "9-1-1." Such service automatically directs 9-1-1 emergency telephone calls to
the appropriate PSAPs by selective routing based on the geographical location from which the emergency call
originated and provides the capability for ANI and ALI features.
(5) "Local exchange carrier". The term "local exchange carrier" means any public service company
granted a certificate to furnish public utility service for the provision of local exchange telephone service pursuant to
Chapter 10.1 (§ 56-265.1 et seq.) of Title 56 of the Code of Virginia.
(6) "Public safety answering point" or "PSAP". The term "public safety answering point" or "PSAP"
means a communications facility equipped and staffed on a twenty-four hour basis to receive and process 911 calls.
(Ord. of 2-6-91; Code 1988, § 8-60; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1402 Collection and payment.
A. It shall be the duty of every seller or provider of local exchange telephone services to purchasers
or consumers of telephone service within the county to bill and collect this tax on each telephone line rendered by it.
The seller shall report and pay over all taxes collected in any calendar month to the director of finance on or before
the last day of the second calendar month thereafter. Provided, however, the seller shall be allowed three percent of
the amount of the tax due and accounted for in the form of a deduction in submitting the return and paying the
amount due by it for the purpose of compensating the seller for accounting for and remitting the tax. The seller shall
upon payment of the tax collected hereunder report to the director of finance the name and address of all purchasers
or consumers of telephone services who have failed to pay the tax imposed by this article.
B. The seller shall keep complete records showing all purchases of telephone service to consumers in
the county, which records shall show the date of service, the date of billing, the date of payment thereof, and the
amount of tax imposed hereunder. Such records shall be available for inspection by the duly authorized agents of
the county at reasonable times.
(Ord. of 2-6-91; Code 1988, § 8-61; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1403 Receipt and disbursement by finance director.
Any such taxes imposed by this section shall be accounted for in a separate special revenue fund or
accounted for using a cost center and revenue accounting system acceptable to the Auditor of Public Accounts and
all such funds shall be used solely for the purposes authorized by this article.
(Ord. of 2-6-91; Ord. No. 95-8(1), 7-12-95; Code 1988, § 8-62; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1404 Violations, penalties.
Any purchaser failing, refusing, or neglecting to pay the tax herein imposed or levied, and any seller
violating the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a
fine of not less that twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each failure, refusal,
neglect, or violation and each day's continuance shall constitute a separate offense.
(Ord. of 2-6-91; Code 1988, § 8-63; Ord. 98-A(1), 8-5-98)
This ordinance shall be effective on and after September 1, 2002.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded below, at
a regular meeting held on April 17, 2002.
Clerk, Board of County Supervisors
Ave Nay
Mr. Bowerman (Absent)
Mr. Domer Y
Mr. Martin Y
Mr. Perkins Y
Mr. Rooker Y
Ms. Thomas Y
ORDINANCE NO. 02-2(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION,
ARTICLE V, LAW ENFORCEMENT, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 2, Administration, Article V, Law Enforcement, of the Code of the County of
Albemarle, Virginia, is hereby amended and reordained by amending Section 2-502, Concealed
Handgun Permits, as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. LAW ENFORCEMENT
Sec. 2-502 Concealed handgun permits.
As a condition for issuance of a concealed handgun permit pursuant to Virginia Code {}
18.2-308, and in order to determine the suitability for a concealed handgun permit, any applicant
for such permit who resides in the county shall be fingerprinted by the sheriff and shall provide
personal descriptive information.
(Ord. 97-10.1(1), 8-6-97, {} 10.1-4; Ord. 98-A(1), 8-5-98; Ord. 02-2(1), 4-17-02)
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
five to zero~ as recorded below, at a regular meeting held on April 17, 2002__
Clerk, Board of County Supervisors
Mr. Bowerman
Mr. Dorrier
Mr. Rooker Y
Mr. Martin Y
Mr. Perkins Y
Ms. Thomas Y
Aye Nay
(Absent)
Y
W. Tayloe Murphy, Jr.
Secretary of Natural Resources
COMMONWEALTH of VIRQINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Valley Regional Office
Street address: 4411 Early Road, Harrisonburg, Virginia 22801
Mailing address: P.O. Box 3000, Harrisonburg, Virginia 22801-9519
Telephone (540)574-7800 Fax (540)574-7878
www. deq.state.va, us
Robert G. Bumley
Director
R. Bradley Chewning, P.E.
Valley Regional Director
April 10, 2002
Ms. Sally Thomas, Chairman
Albemarle County Board of Supervisors
County Office Building
401 Mclntire Road
Charlottesville, VA 22901
Re: Reissuance of VPDES Permit No. VA0028398, Avionics Specialties, Inc.
Dear Ms. Thomas:
In accordance with the Code of Virginia, Section 62.1-44.15:01, this is to provide you
with a copy of a public notice regarding the referenced proposed permit action. Public notice of
this proposed permit action is also being published in a local newspaper, which will establish a
30-day pubhc comment period for this proposed action. If you wish to comment or if you have
any questions regarding this proposed permit, please contact me at the above address or phone
number within the next 30 days.
Sincerely,
C. Kemper Loyd, P.E.
Environmental Engineer Senior
EnClosure
cc: Permit Processing File
04-??_02A77:48 RCVD
PUBLIC NOTICE
REISSUANCE OF A VPDES PERMIT TO DISCHARGE TO STATE WATERS
AND STATE CERTIFICATION UNDER THE STATE WATER CONTROL LAW
First Public Notice Issue Date: (to be supplied by newspaper)
The State Water Control Board has under consideration the reissuance of the following Permit and
State Certificate:
Permit No.: VA0028398
Permittee Name and Address: Avionics Specialties, Inc., P.O. Box 6400, Charlottesville, VA
22906
Facility Name and Location: Avionics Specialties, Inc., 3367 Earlysville Road, Earlysville, VA
Discharge Description: Existing Municipal discharge resulting from the operation of sewage
treatment plant serving a manufacturer of avionics instruments; Discharge Flow: 0.005 MGD; 1
Outfall.
Receiving Stream: Naked Creek, U.T.; Stream Mile: 0.68; Basin: James (Middle); Subbasin: N/A;
Section: 10j; Class: llI; Special Standards: PWS.
On the basis of preliminary review _and application of lawful standards and regulations, the State
Water Control Board proposes to reissue the permit subject to certain conditions. This proposed
permit action is tentative and consists of limiting the following parameters: pH 6.0 SU min, 9.0 SU
max; BOD5 18 mg/L max; Suspended Solids 18 mg/L max; Residual Chlorine 0.01 mg/L max;
Dissolved Oxygen 6.0 mg/L min; Ammonia-N 4.3 mg/L max.
Sludge from this facility will be pumped and hauled to Moores Creek Regional STP for final
treatment and disposal.
This permit'will maintain the Water Quality Standards adopted by the Board;
All pertinent information is on file and may be inspected or copied by contacting C. Kemper Loyd,
P.E. at the Department of Environmental Quality (DEQ), Valley Regional Office, 4411 .Early Road,
P.O. Box 3000, Harrisonburg, Virginia 22801; Telephone No. (540) 574-7814; e-mail
ckloyd~deq, state.va, us. Persons may comment in writing or by e-mail to DEQ on the proposed
permit action and may request a public hearing within 30 days from the date of the first notice.
Only those comments' received within this period will be considered. Address comments to the
contact person listed above. Comments shall include the name, address, and telephone number of
the writer, the facility name and VPDES permit number, and a complete, concise statement of the
factual basis for the comments. Requests for a public hearing shall state the reason why a hearing is
requested, the nature of the issues proposed to be raised in the public hearing, and a brief
explanation of how the requester's interests would be directly and adversely affected by the
proposed permit action. DEQ may decide to hold a public hearing if public response is significant.
Following the comment period, the Board will make a determination regarding the proposed permit
action. This determination will become effective unless DEQ grants a public hearing. Due notice
of any public hearing will be given.
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC
2
3
4
NAME (Please print clearly)
PHONE NUMBER/ADDRESS
6
10
11
12
13
14
15
My name is Diane LaSauce and I am speaking to you as a county resident and as a representative of the
Rivanna Se lid Waste Authority Citizens Advisory Committee.
The Authority has reduced revenue projections for 2003 and proposes cut backs on services in a number of
areas. I would like to address some of these cuts and urge the County to fund our portion of these much-needed
services.
Let me begin by saying that in 1998 the Albemarle County residents filled out a survey regarding recycling,
which was included in their County tax bill. The results showed overwhelming support not only for the current
recycling effort, but also for an expansion of recycling services in other County locations. Budget restrictions
prevented the expansions and sadly, we now face cutbacks. We urge the Board to consider the wishes of the
citizens, and maintain these crucial programs at their current levels.
First, Rivanna has proposed a service reduction of hours at the Mclntyre Road Recycling Center, including
eliminating Sundays altogether. Additionally they have proposed discontinuing the collection of glass, plastic,
phonebooks, and textiles.
The results of the most recent survey taken by RSWA employees at the Mclntire Recycling Center revealed the
following information:
The number of COUNTY resident vehicles using Mclntire over a two-week period in 2001 averaged
1,878 per week. 1,529 City residents visited during the same period.
Weekends are the busiest time at the Recycling Center with the per hour usage on non-rainy Sundays
at 75 vehicles per hour, almost 25% higher than on weekdays.
These facts confirm that weekend hours are popular with county recyclers. Cutting this service or hours would
be contrary to what the residents have stated they want and contrary to sound environmental community
planning.
The Authority projects by cutting these hours they will save about $15,000. Based on usage figures, the county's
portion would be somewhere in the neighborhood of $7,800 should they wish to fund their 52%. Translated
further, $7,800 would pay for more than 21,000 visits per year by county residents to the Mclntire Center
during the proposed cutback hours. This assumes the city would kick in as well for their part.
Second, the Authority has proposed cutting the Household HazardOus Waste days from two to one per year. At
the fall 2001 Hazardous waste drop-off day residents disposed of a total of (61) 55-gallon drums of household
hazardous waste. Do we REALLY want people disposing their household hazardous waste in unsafe ways?
At a recent Citizens Advisory meeting, the RSWA Director related to us a story of a call he received froTM one
irate citizen who was reacting to the news of the cuts. Mr. Tropea said this gentleman said he would simply
pour his gasoline in the driveway and light it up. This may seem extreme, but when the number of pickup dates
was cut last year from four to two, we heard similar complaints and threats.
The same applies to an increase in the fees for disposal of tires and white goods (appliances). No one can say
with any certainty what the consequences will be .... how much of an increase we will see in roadside dumping?
We can say with assurance that the message being sent to our citizens is that Albemarle County does not put a
high priority on recycling ma£erials or in disposing of toxins in a safe, responsible way. Furthermore, if
recycling mandates are increased to 40%, how will we comply with that?
Finally, RSWA has proposed offsetting costs of the current recycling services by charging recyclers a $1 fee at
Mclntire. County recyclers are currently going to a lot of trouble to be environmentally responsible citizens.
Can we in good conscience ask them ro pay for that "privilege"?
In conclusion, the CAC thinks that the many services provided by RSWA are critical to our community. None
of us want Central Virginia to become a dumping ground for materials currently managed by the Authority.
Therefore we hope that both Albemarle County and the City Charlottesville will continue to fund their share of
these services.
Thank you,
Diane LaSauce
City/County Appointee
Rivanna Solid Waste Authority Citizens Advisory Committee
April 17, 2002
RECEIVED AT BOS MEETING
Date: '~- / 7-=~-~',=P.~-
Agenda Item #: , -~
Clerk's Initials~ ~=~J~-~
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ACE Program; acceptance of landowners' offers to
sell conservation easements
SUBJECT/PROPOSAL/REQUEST:
Adopt resolution accepting the landowners'
offers to sell conservation easements; authorize
Lawson properties to have farm structures
exceeding 4,500 square foot footprint; authorize
County Executive to sign cooperative agreement
with Virginia Outdoors Foundation
STAFF CONTACT(S):
Tucker, Davis, Cilimberg, Goodall
AGENDA DATE:
April 17, 2002
ACTION:
CONSENT AGENDA:
ACTION: Yes
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
ACE regulations require each landowner who desires to sell a conservation easement to submit a written offer to the
County to sell the easement for a fixed price, subject to the terms and conditions contained in a proposed deed of
easement negotiated by the parties. The regulations also require that, if the Board accepts the offer, it must do so in
writing and only after an action by the Board authorizing acceptance. The Board is not required to accept an offer to sell a
conservation easement.
Either the Albemarle County Public Recreational Facilities Authority ("PRFA") or the Virginia Outdoors Foundation ("VOF")
will be co-holders of the easements.
DISCUSSION:
The County has received offers to sell conservation easements for the following properties:
Owner(s) Tax Map-Parcel Numbers
Henley 40-22, 40-29
Lawson 37-11,37-11B
Powell 87-64, 99-59, 99-60A
Young
35-26, 35-26B, 35-26C, 35-32A, 35-43
Price Co-holder
$282,000 PRFA
$300,000 PRFA
$400,000 VOF
($150,000 paid by County/
$250,000 paid by VOF)
$404,200 VOF
With one exception (Lawson), the terms and conditions of the deeds of easement have been finalized between the
easement holders and the landowners. The Lawsons seek permission from the County and the PRFA (the two easement
holders of their easement) to establish up to three greenhouses in an unobtrusive location on their property, each having a
footprint of approximately 6,000 square feet. A standard provision in all deeds restricts any farm structure to a footprint not
greater than 4,500 square feet unless the easement holders consent in writing to a larger footprint. At its March 21,2002
meeting, the ACE Committee recommended that the Board accept the proposed Lawson modification. The PRFA
considered the modification at its April 11,2002 meeting (after this report was written).
The VOF has requested that the County enter into a cooperative agreement establishing the roles and responsibilities of
the parties where they are the co-holders of a conservation easement. This agreement is required by the VOF when its
Open-Space Lands Preservation Trust Fund monies are used to purchase all or part of the easement.
RECOMMENDATION:
1 .Adopt the attached resolution accepting the landowners' offers to sell conservation easements to the County, for the
prices specified and subject to the terms and conditions contained in the proposed deeds of easement (for Lawson,
to include the revisions described herein; for Young and Powell, to include any final revisions required bythe VOF),
and authorize the County Executive to sign the final deeds of easement for each of the properties.
2.Authorize the County Executive to sign the cooperative agreement with the VOF.
RESOLUTION ACCEPTING OFFERS TO SELL
CONSERVATION EASEMENTS UNDER THE ACE PROGRAM
WHEREAS, the County has received offers to sell conservation easements under the
ACE Program from the owners of the following properties:
Tax Map 40, Parcel 22; Tax Map 40, Parcel 29 (Henley)
Tax Map 37, Parcel 11; Tax Map 37, Parcel 1 lB (Lawson)
Tax Map 87, Parcel 64; Tax Map 99, Parcel 59; Tax Map 99, Parcel 60A (Powell)
Tax Map 35, Parcel 26; Tax Map 35, Parcel 26B; Tax Map 35, Parcel 26C; Tax Map 35,
Parcel 32A; Tax Map 35, Parcel 43 (Young); and
WHEREAS, each owner offered to sell conservation easements on the respective
properties 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, and in the case of
the Lawson properties, as modified to allow up to three greenhouses, each having a footprint of
approximately 6,000 square feet.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offers to sell conservation easements described above, or as modified by the
requirements of the Virginia Outdoors Foundation, and authorizes the County Executive to
execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owners of the properties identified
herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of__ to
__, as recorded below, at a meeting held on
Mr. Bowerman
Mr. Dorrier
Mr. Martin
Mr. Perkins
Mr. Rooker
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amendment of County Code § 2-502, Concealed
Handgun Permits
SUBJECT/PROPOSAL/REQUEST:
Request adoption of the proposed ordinance amending §
2-502 of the County Code to repeal the requirement of a
national criminal records check for concealed handgun
permits
STAFF CONTACT(S):
Messrs. Tucker/Davis
AGENDA DATE:
April 17, 2002
ACTION:
CONSENT AGENDA:
X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
ACTION:
INFORMATION:
Draft Ordinance; Sheriff's letter
BACKGROUND:
In 1997, at the request of the County Sheriff, County Code § 2-502 was adopted to require that personal information and
fingerprints be taken from all applicants for a concealed handgun permit and that this information be forwarded through the
Central Criminal Records Exchange of the State Police to the FBI for the purpose of obtaining a national criminal records check.
The FBI will not process fingerprints submitted for national records checks for concealed handgun permits unlessthe locality has
adopted an ordinance requiring such a records check.
A national criminal records check is not required by State law. Virginia Code § 18.2-308 (D) requires the circuit court to consult
"the law-enforcement authorities of the county" and receive "a report from the Central Criminal Records Exchange" before
issuing a concealed handgun permit. If all applicable requirements are met, the permit is to be issued within 45 days of the
receipt of a completed application. Certain criminal convictions disqualify an applicant. A Central Criminal Records Exchange
criminal history is based on personal information alone and can be accessed almost immediately. It is essentially a criminal
history of record in Virginia and some cooperating states and may not reveal criminal history from other states and does not use
fingerprints to reveal aliases or false identities.
The national criminal records check currently costs $24 per applicant and takes six weeks or longer to be processed. It
compares the applicant's fingerprints to establish whether the applicant has a criminal record in the FBI's national database.
Generally the records checks are completed after a permit has been issued.
In calendar year 2000, 161 applications were processed. In 2001, 126 applications were processed. A $50 application fee is
charged by the County. Under State law that is the maximum fee permitted. (State law designates that the clerk of court fee is
$10, the local law enforcement fee is $35, and the State Police fee is $5.)
DISCUSSION:
The County Sheriff has requested that County Code § 2-502 be repealed or amended to remove the requirement that he
conduct a national records check on each concealed handgun permit applicant. The only identified benefit of a national records
check is that it can be the basis to revoke a concealed handgun permit or prosecute an applicant for perjury if it reveals that an
applicant has falsely completed an application and has a criminal history not reported by the CCRE or concealed by false
identities or aliases. It is unknown if the national criminal records check is a deterrent to false applications. The Sheriff reports
that the national criminal records check rarely reveals any unknown criminal history. It is his opinion that the cost of the records
check outweighs its value.
The attached ordinance would repeal the requirement that the Sheriff conduct a national criminal records check.
RECOMMENDATION:
If the Board concurs with the Sheriff's request, staff recommends that the attached ordinance be adopted after the public
hearing.
DRAFT: March 13, 2002
ORDINANCE NO. 02-2( )
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION,
ARTICLE V, LAW ENFORCEMENT, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 2, Administration, Article V, Law Enforcement, of the Code of the County of
Albemarle, Virginia, is hereby amended and reordained by amending Section 2-502, Concealed
Handgun Permits, as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. LAW ENFORCEMENT
Sec. 2-502 Concealed handgun permits.
As a condition for issuance of a concealed handgun permit pursuant to Virginia Code {}
18.2-308, and in order to determine the suitability for a concealed handgun permit, any applicant
for such permit who resides in the county shall be fingerprinted by the sheriff and shall provide
[' ,"ersona~,, ,['~,aescr;"*;ve,.~,~.,,,,~,,~.;-*'~'~'~o*;~'-. T~ ~ ...... ;.,~ ~.a ....... ~ a .... ;~,;..~ ;.C .... ,;~. ~, ~
(Ord. 97-10.1(1), 8-6-97, {} 10.1-4; Ord. 98-A(1), 8-5-98; Ord. 02-2(1), 4-17-02)
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
__ to __~ as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Mr. Bowerman
Mr. Dorrier
Mr. Rooker
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
COUNTY OF ALBEMARLE
Office of the Sheriff
Albemarle County Courthouse
410 East' High Street
Charlottesville, Virginia 22902
Friday, February 01, 2002
Mr. Larry Davis
Albemarle County Attorney
401 McIntire Road
Charlottesville, Vm
22902
RE: Concealed Weapons Permits
COUNTY OF ALBEMARLE
ATTORNEY'S OFFICE
Edgar S. Robb
Sheriff
Telephone: 804-972-4001
Fax #: 804-972,4065
Dear Larry:
[ would like this letter to act as my request of you and the Albemarle County Board of
Supervisors to review County Ordinance 2-502 and to request the ordinance be eliminated since
State law addresses the procedures for the issuance ofthe permits.
Highest regards,
Edgar S. Robb
Sheriff
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Adoption of the FY 2002/2003 Operating and Capital
Budgets and Approval of the Amended FY 2002/03 - FY
2006/07 Capital Improvement Program
SUBJECT/PROPOSAL/REQUEST:
Request Board Adoption of the FY 2002/2003 Operating
and Capital Budgets and Approval of the Amended FY
2002/03 - FY 2006/07 Capital Improvement Program
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Mr. Hildebeidel
AGENDA DATE:
April 17, 2002
ACTION: X
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On April 10th, a public hearing was held on the Board Supervisors' proposed FY 2002/2003 Operating and Capital
Budgets and the proposed Amended FY 2002/03 - FY 2006/07 Capital Improvement Program. After the public hearing,
the Board requested that additional funding of the full amount requested by the Shelter for Help in Emergencies (SHE)
and by the SOCA Latino Outreach program be included in the FY 2003 Operating Budget. These changes are reflected
in the attached Budget Resolution (Attachment B) for the Board's approval. No additional funding requests or proposed
changes to either the FY 2002/2003 Capital Budget or the Amended FY 2002/03 - FY 2006/07 Capital Improvement
Program were requested.
DISCUSSION:
FY 2003 Budqet
The FY 2002/2003 Operating and Capital Budgets total $211,956,025, and reflect the inclusion of additional funds
beyond those included last year in the initial adopted budget. Attachment A summarizes the changes made to the
County Executive's Recommended Budget during the Board's work sessions. Increases totaling $1,479,418 were made
in the County's General Fund over the amounts included in the County Executive's recommended budget. Also, the FY
2003 Capital Budget and the Amended FY 2002/03 - FY 2006/07 Capital Improvement Program were both increased by
$1,000,000 to provide funds for the Acquisition of Conservation Easements (ACE) program in FY 2003. The FY 2003
Capital and Debt Service Budgets will total $33,164,482, including $6,520,000 for General Government projects
(including ACE), $9,730,000 for School Division projects, $575,000 for Stormwater projects, $4,896,000 as a Capital
Reserve Fund, and $11,443,482 for School and General Government Debt Service. The total budget for all Special
Revenue Fund Operations is $14,03,115.
The Board also proposed to increase the County vehicle decal fee by $2.00, increase the E-911 surcharge to $2.00 per
month per phone line, increase parks and recreation entry fees by $1.00, and establish a Court Security Fee of $5.00 per
conviction (assuming enactment of the authorizing statute by the State). All of these items are shown on Attachment A.
In addition to the above items included in the Board's Proposed FY 2003 Budget, following the public hearing held on
April 10, the Board requested that an additional amount of $3,000 be provided to fund the SOCA Latino Outreach
program (the full amount requested of the County); and the additional amount of $1,982 be added to the funding for the
Shelter for Help in Emergencies (SHE), for a new total of $75,313, the full amount requested by SHE. The additional
$4,982 will be taken from the Board's remaining Contingency Reserve Fund, which would then be funded at $152,182.
These changes are reflected in the Attached Budget Resolution.
AGENDA TITLE: Adoption of the FY 2002/2003 Operating and Capital Budgets and Approval of the Amended FY
2002/03 - FY 2006/07 Capital Improvement Program
DATE: April 17, 2002
Page 2 of 2
The attached resolution (Attachment B) formally approves the total proposed expenditures of $211,956,025 for FY
2002/2003.
Amended FY 2002/03 - FY 2006/07 Capital Improvement Proqram
The proposed Amended FY 2002/03 - FY 2006/07 Capital Improvement Program totals $110,177,000. It includes a total
of $10,426,000 for administration and courts projects, $22,805,000 for public safety projects, $8,324,000 for highways
and transportation projects, $6,463,000 for library projects, $150,000 for human development projects, $11,493,000 for
parks, recreation, and cultural projects, $450,000 for utility improvement projects, $1,000,000 for ACE projects,
$2,775,000 for Stormwater projects, and $46,291,000 for School Division projects.
RECOMMENDATION:
If the Board has no further additions or deletions to the FY 2002/2003 Operating and Capital Budgets, staff requests
approval of the budget adoption resolution in Attachment B. Staff also requests adoption of the Amended FY 2002/03 -
FY 2006/07 Capital Improvement Program as detailed above.
02.052
Attach~ A
A~mi~istrati~ 7,220,1 t 1
OMB - 1.0 FTE E~je~ ~ t (Oct. 1 hire)
7~,1~
J~ 2,~7,~
C~h's ~y ~ of ~ ~
Su~, J~l ' '
P~ - 1.0 FTE P~ ~ (~. ~ Hire)
ECC - Fire D~ ~ ~ ECC
~ ~ ~ ~ R~ J~ ~ C~ 1~,~1
VJCCA C~y ~,~0
C~ ~ C~ & F~ ~ 19,7~
~ SHE ~ m 2.5% ~
JM R~i ~ ~ 24,1~
~D ~. - 1.0 ~E ~ P~ (Jan_ ~ H~)
TJ ~ & W~ ~ ~l 1,811
Ref~
I~ T~ ~ C~P f~ ACE (~ ;u~)
COUNTY EXECUTIVE'S RECOMMENDED BUDGET
One-Time Fund Baiances
REVENUE INCREASES
increase vehicie decal fee by $2.00 (ALL to General Govt)
Court Security Fee $5 per conviction (net)
Parks & Recreation Fees (increase $1 on Entry Fees)
TRANSFERS FROM E-911 SURCHARGE FUND
increase E-911 sumharge by $0.~ to $i .75 for Fire Dispatch
Increase E-911 surcharge by $0.25 to $2.00 for E-911 operations
TOTAL, Revenue & Fund Balance Increases
139,234,118
150,(~0
70,0~
35,000
No Change to Recommended Budget
Self-Sustaining Fund Operations
10,969,386]
General Government Projects
Storm Water Projects
School Division Projects
Aquisifion of Conservation Easements {from Tourism Fund)
AquJsition of Conservation Easements (from General Fund)
Capital Reserve/Contingency
5,5~,000
575,0~
9,730,000
9,730
Tourism Transfer to Capital Budget (Incr. for ACE)
Transfer to General Fund
COUNTY EXECUTIVE"S RECOMMENDED BUDGET
Recommended Transfer to General Fund for E-911 Operations
Increase Transfer to General Fund for Fire Dispatch
Net Increase
58,000
444,500
919,060
10,940
919,060
219,000
10,94(
02.~2A
Attachment B
BUDGET RESOLUTION
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that
the budget for the County for the Fiscal Year beginning July 1, 2002 be approved
as follows:
Administration
Judicial
Public Safety
Engineering And Public Works
Human Development (Including PVCC)
Parks, Recreation, Cultural
Community Development
Refunds
City/County Revenue Sharing
Board Contingency Reserve
Capital Improvements Budget
Stormwater Improvements
Ivy Landfill Remediation
General Government Debt Service
Capital Reserve
Education - School Operations
Education - Self-Sustaining Funds
Education - Debt Service
Special Revenue Fund Operations
Less: Inter-fund Transfers
TOTAL
$ 7,361,018
$ 2,711,207
$ 16,943,184
$ 3,292,369
$ 11,513,037
$ 4,502,869
$ 4,175,992
$ 92,100
$ 6,692,811
$ 152,182
$ 16,250,000
$ 575,000
$ 475,000
$ 970,000
$ 4,896,000
$ 99,548,862
$ 10,969,386
$ 10,473,482
$ 14,032,115
$ (3,670,589)
$ 211,956,025
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular
meeting held on April 17, 2002.
Clerk, Board of Supervisors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Calendar Year 2002 Tax Levy Resolution
SUBJECT/PROPOSAL/REQUEST:
Request Board approval of the Calendar Year 2002 Tax
Rates
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Mr. Hildebeidel
AGENDA DATE:
April 17, 2002
ACTION: X
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On April 10, 2002, a public hearing was held on the Board of Supervisors' proposed budget for FY 2002/03. A public
hearing also was held on the 2002 calendar year tax rates.
The attached resolution to set the 2002 tax year or calendar year tax rates must be approved at the April 17, 2002
meeting, in order that the printing and mailing of the tax bills can occur in a timely manner.
DISCUSSION:
The attached resolution sets the tax levy for calendar year 2002. The proposed rates are set at $0.76/$100 assessed
valuation for real estate, public service and mobile homes for the 2002 tax year, and at $4.25/$100 assessed value for
the personal property tax rate, including machinery and tools.
RECOMMENDATION:
Staff recommends approval of the proposed tax rates.
02.053
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the
Calendar Year 2002 for General County purposes at Seventy-Six Cents ($0.76) on every One Hundred Dollars of
assessed value of real estate; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of
manufactured homes; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of public
service assessments; at Four Dollars and Twenty-Eight Cents ($4.25) on every One Hundred Dollars of assessed
value of personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of
assessed value of machinery and tools; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all taxable real estate
and all taxable personal property.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution
adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 17, 2002.
Clerk, Board of Supervisors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
E-911 Telephone Service Tax
SUBJECT/PROPOSAL/REQUEST:
Ordinance to increase E-911 Telephone Service Tax
STAFF CONTACT(S):
Messrs. Tucker/Breeden/Davis
AGENDA DATE:
April 17, 2002
ACTION: x
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Ordinance
BACKGROUND:
The revenues identified to fund the 2003 fiscal year budget included revenue generated by an increase in the E-911 telephone
service tax. The current tax rate per month for each telephone access line is $1.39. The proposed rate of $2.00 per month will
generate revenue which will be used to partially fund the E-911 operations at the Emergency Communications Center, including the
increased costs associated with fire dispatch services. The E-911 tax revenue can only be used to fund operating and capital costs
related to the E-911 emergency telephone system.
DISCUSSION:
Attached is an ordinance to amend Article XIV, Enhanced Emergency Telephone Service Tax--E-911 of Chapter 15,Taxation, of
the County Code, The proposed ordinance increases the E-911 telephone tax to $2,00 per month for each telephone access line,
Because the State Code requires that no change in the tax can take effect until after 120 days written notice to the telephone
companies, the effective date of the ordinance and tax change is September 1,2002,
The ordinance also updates the County Code so that the definitions, collection provisions, and accounting requirements are
consistent with the State Code enabling authority.
RECOMMENDATION:
After the required public hearing, staff recommends that the Board adopt the attached ordinance to amend Article XIV, Enhanced
Emergency Telephone Service Tax--E-911, of Chapter 15,Taxation, of the County Code.
02.048
Draft: March 28, 2002
ORDINANCE NO. 02-15( )
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE XIV, ENHANCED EMERGENCY
TELEPHONE SERVICE TAX--E-911, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation,
Article XIV, Enhanced Emergency Telephone Service Tax--E-911, is hereby amended and reordained as follows:
By Amending:
Sec. 15-1400
Sec. 15-1401
Sec. 15-1402
Sec. 15-1403
Enhanced emergency telephone service tax--Levy and rate; effective date; exemptions
Definitions
Collection and payment
Receipt and disbursement by finance director
CHAPTER 15. TAXATION
ARTICLE X1V. ENHANCED EMERGENCY TELEPHONE SERVICE TAX--E-911
Sec. 15-1400 Enhanced emergency telephone service tax--Levy and rate; effective date; exemptions.
A. Pursuant to Virginia Code § 58.1 28!2 58.1-3813.1, there is hereby imposed a special tax on
consumers of telephone service in the amount of two dollars ($2.00)__ one ~-.~'~^" .... .-~'~ thi~T .....~ "; ....... ~-Lo ~,~.~,/~¢~ ~m per
month for each access line.
Amounts collected from this tax shall be used solely to pay for reasonable, direct recumng and
no~ecumng capital costs, and operating expenses inched by a public safety answering point in desiring,
up~a~ng, leasing, p~chasing, pro,among, installing, testing, a~i~stering, delivehng, or maintaining all
necessa~ data, hardware and software req~red to receive and process emergency telephone calls t~ough an E-911
system, inclu~ng salaries and ~inge benefits of dispatchers and direct call-takers in receiving and ~spatchng
emergency telephone calls, and the sala~ and ~nge benefits of the public safety answering point director or
coordinator so long as such person has no other duties other than the responsibili~ for the public safety answering
point.
C. ~r~;~_.o ~ ..... o---~'"" -~ ...... -vwJ~ .... ~ This tax shall not be imposed on federal, state or local government
agencies or on consumers of CMRS, as such term is defined in Virginia Code § 56-484.12.
D. ~"~ ~ .... This tax shall apply to all bills rendered on and after September 1, 2002 April
(Ord. of 2-6-91; Ord. No. 95-8(1), 7-12-95; Code 1988, § 8-59; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1401 Definitions.
The following definitions shall apply to this article:
(41) Access line. The term "access line" means access by a customer to the total telephone network
provided by a local exchange carder. The levy shall apply to each access line separately.
(2~) Automatic location identification" or "ALI". The term "automatic location identification" or "ALI"
means a telephone network capability that enables the automatic display of information defining the geographical
location of the telephone used to place a wireline 9-1-1 call.
Draft: March 28, 2002
Automatic number identification" or "ANI". The term "automatic number identification" or "ANt"
means a telephone network capability, that enables the automatic display of the telephone number used to place a
wireline 9-1-1 call.
(4) Enhanced 9-1-1 service" or "E-911 ". The term "enhanced 9-1-1 service" or "E-911" means a service
consisting of telephone network features and PSAPs provided for users of telephone systems enabling such users to
reach a PSAP bv dialing the digits "9-1-1." Such service automatically directs 9-1-1 emergency telephone calls to
the appropriate PSAPs by selective routing based on the geographical location from which the emergency call
originated and provides the capability, for ANt and ALI features.
(5) "Local exchange carrier". The term "local exchange carrier" means any public service company
granted a certificate to furnish public utility service for the provision of local exchange telephone service pursuant to
Chapter 10.1 (.~ 56-265.1 et seq.) of Title 56 of the Code of Virginia.
(6) "Public safety answering point" or "PSAP". The term "public safety answering point" or "PSAP"
means a commumcations facility equipped and staffed on a twenty-four hour basis to receive and process 911 calls.
(Ord. of 2-6-91; Code 1988, § 8-60; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1402 Collection and payment.
A. It shall be the duty of every seller or provider of local exchange telephone services to purchasers
or consumers of telephone service within the county to bill and collect this !e~3T tax on each telephone line rendered
by it. The seller shall report and pay over all taxes collected in any calendar month to the director of finance on or
before the last day of the second calendar month thereafter. Provided, however, the seller shall be allowed three
percent of the amount of the tax due and accounted for in the form of a deduction in submitting the return and
paying the amount due bv it for the purpose of compensating the seller for accounting for and remitting the tax. The
seller shall upon payment of the tax collected hereunder report to the director of finance the name and address of all
purchasers or consumers of telephone services who have failed to pay the tax imposed by this article.
B. The seller shall keep complete records showing all purchases of telephone service to consumers in
the county, which records shall show the date of service, the date of billing, the date of payment thereof, and the
amount of tax imposed hereunder. Such records shall be available for inspection by the duly authorized agents of
the county at reasonable times.
(Ord. of 2-6-91; Code 1988, § 8-61; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1403 Receipt and disbursement by finance director.
........ ;"" cf Any such taxes imposed bv this section shall be accounted for in a separate special revenue fund or
Draft: March 28, 2002
accounted for using a cost center and revenue accounting system acceptable to the Auditor of Public Accounts and
all such funds to shall be used solely for the purposes authorized by this article.
(Ord. of 2-6-91; Ord. No. 95-8(1), 7-12-95; Code 1988, § 8-62; Ord. 98-A(1), 8-5-98; Ord. 02-15(2), 4-17-02)
Sec. 15-1404 Violations, penalties.
Any purchaser failing, refusing, or neglecting to pay the tax herein imposed or levied, and any seller
violating the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a
fine of not less that twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each failure, refusal,
neglect, or violation and each day's continuance shall constitute a separate offense.
(Ord. of 2-6-91; Code 1988, § 8-63; Ord. 98-A(1), 8-5-98)
This ordinance shall be effective on and after September 1, 2002.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by
the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to __., as recorded below, at a
regular meeting held on
Mr. Bowerman
Mr. Don-ier
Mr. Rooker
Mr. Martin
Mr. Perkins
Ms. Thomas
Ave Nay
Clerk, Board of County Supervisors
To: Members, Board of Supervisors
From: Ella Washington Carey, CMC, Clerk
Subject: Reading List for April 17, 2002
Date: April 8, 2002
October 3, 2001
January 16, 2002
Pages 33 (beginning Item # I I) - end - Ms. Thomas
Plr. Bowerman
Return to Regular Agenda
/ewc
RECEIVED AT BOS MEETING
COUNTY OF ALBEMARLE ate:
Agenda Item #:
EXECUTIVE SUMMARY Clerk's Initials:.
AGENDA TITLE:
Removal of rotting food from Chiang House
Restaurant
~ SUBJECT/PROPOSA~REQUEST:
Determine it is necessary to remove rotting food from
the Chiang House Restaurant and authorize County
staff or County agents to remove the rotting food if the
owners refuse to do so in a timely manner
STAFF CONTACT(S):
Tucker, Davis, Kamptner McCulley
AGENDA DATE:
April 17, 2002
ACTION: No
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Letter from Health Department
REVIEWED BY:
BACKGROUND:
The Health Department has received complaints from persons who have been in the vicinity of the Chiang House
Restaurant at the intersection of Seminole Trail and Greenbrier Ddve that a stench is emanating from the former
restaurant. County staff and the Health Department have determined that the stench is the result of rotting food left on the
premises after the restaurant fire. County staff has been asking the owners to .remove the rotting food since April 15.
DISCUSSION:
Albemarle County Code § 13-302 provides that if the Board of Supervisors deems it necessary, the Board or the
Zoning Administrator (its agent in these matters) may have refuse removed from pdvate property by the County's own
employees or by its agents. The County Attorney has determined that rotting food is "refuse" within the meaning of section
13-302. There are two prerequisites before this course of action may proceed: (1) the County must first send notice to the
owner Qf the property to remove the refuse within a specified time; and (2) the refuse must be such that it "mightendanger
the health of other residents of the county."
County staff will deliver a notice to the owners ordering them to remove the rotting food from the premises by 3:00 p.m.
on Apd119. If the owners fail to comply with the notice and the Board authorizes the County to proceed under section 13-
302, County staff will have the rotting food removed as soon as possible. It is unquestionable that rotting food poses a
danger to the health of the residents of the County. The smell emanating from the rotting food is the waste product of the
bacteria as the rotting food fuels their growth. The overwhelming majodty of these bacteria are harmful to humans who
come into contact with them. The potential exists for rotting food matter (with bacteria) to enter the storm sewer system
and, eventUally, the downstream waterways in the County, exposing downstream users of the waterways to the risk of
exposure to these bacteria. Rotting food also attracts insects, such as the corn mon house fly, .and rats. The common
house fly is attracted to decomposing vegetable matter. The flies use foodstuffs, rotting food, and other refuse as food for
their adults and larvae (maggots). Flies and rats are a health hazard becabse of their potential to transmit numerous
diseases. The establishment of mosquito breeding areas and the possible transmission of the West Nile Virus is another
concem.
If the County is required to remove the rotting food, the cost is chargeable to the owners, and the cost may be collected by
the County as taxes are collected.
RECOMMENDATION:
Determine it is necessary to remove rotting food from the Chiang House Restaurant and authorize County staff or
County agents to remove the rotting food if the owners refuse to do so in a timely manner.
04/.17/02 ~ED 15:08 FAX 434 972 4310 T J Health District ~002
In Coo0eration with the
State Department of Health
Office of Environmental Health
Phone (804} 972-6259
FAX (804) ,972-4310
COMMONWEALTH of VIRGINIA
Thomas Jeff~son ttealth'D~ct
1138 Rose Hill Drive
P- O. Box 7546
Charlottesville, Virginia 22906
County Attorney's Offic~ Atb~arle County April 17, 2002
Att~; C-reg Kamptner, Assistant County Attora. ey
'401 ~ 'Road '
Charlotmsvi]le, VA 22902
Re: decaying food wastes at the former Chiang House Restaurant, 1240Seminole Trail, Albemarle County-
.m-~ANNA COUNT'~ (PALMYRA)
GREENE COUNTY (I~I'ANARDSVIU. E')
LOUISA COUN*F~
~E~ COUNTY (LOV~GSrON!
Dear Mt'. Kamptn~,
~ response to multiple complaints rcgardinE the decaying meat smell emanatJag from ~ burned out
remnants of the Chiang House restaurant, sit~ visits by the local h~alth d~anment and Albemarle County
Zoning Deparlment have confirmod that at les~ttwo large ¢oo16~s have food rotting in them_ BeYond the
normal nuisance and aesthetic problmns, sUch a l~rge docomposingfood mass can r~present a Significant
public health threat in rggards to insi~-t and ~0d~t iaf~slations, The opfimmn ~mpemtur¢ for fly
maggots are $0~F -!)0° F. (Au adult f~tnale fly can lay up to 2700 eggs resul'fiJlg in a geometric
poliUlation expami°n-within a relatively short time span). Flies havebeen imlJhcated in the spreading of
such pathogeas ~s salmonella, shigella, bacillary a~d amebic dys~tery, conjuciivitis and cholera amens
others. Most flies can mite, on average, one to two mil~ frc~n rite hatehhlg site, Rodents may
make x~ady use of this decraying matter to reproduce in large ambers; (Female mrs have on average,
12 youn$ pm- litter). Rats isr~ also known vectors of disease ~ither throu~ divot contami~ation from their
f~s or from fleas which live on their bodies. Another eonc~m is the pol~atlal for mosquito breeding
ar~as from pooled wa~r a~ possibl~ subsequent transmi~ion of the .West Nile Virus. Given the
proximity of homls, r~slauran~ and residences within a eno mile rtutius of this problem, our department
recommends immediate action'(to i~clude whatever means necessary to COrrect this potential community
ht~dth hazard) if the o .whet does not volugiarily b~gin site remodiation.
Our delm~eaent has c~ntaet~l the Ixop~ owner and asked for immediate correction action to
safeguard public h~alth. The last response from a representative of the family was thut a contragt is trader
review to hire someone to do a complete demolition a~d removal of the restaurant r~mnant-~. Our
department believes it is impmattive t~ complff~ this demolition and removal within the nero 48 hoars.
Thank you for your prompt assistance in this matter. Pleas~ contact our office if you require further
information or do;um~ntatiom
Sincerely,
Eri~ S. Mye/~, R.E.IKS.,
Envlronmmtal H~ 8p~i~is~
~o~ lon~, M~rle ~u~ Z~ing ~for~
lohu ~g ,. ~p~ o~