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HomeMy WebLinkAbout2002-09-11September 11, 2002 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 11, 2002, at 7:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mr. Lindsay G. Dorrier, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins, Mr. Dennis S. Rooker and Ms. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: Robert W. Tucker, Jr., County Executive, Larry W. Davis, County Attorney, Laurel Bentley, Deputy Senior Clerk, and V. Wayne Cilimberg, Director of Planning and Community Development. Agenda Item No. 1. The meeting was called to order at 7:05 p.m., by the Chairman, Ms. Thomas. _______________ Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. _______________ Agenda Item No. 4. Other Matters Not Listed on the Agenda. There was no member of the public who wished to speak at this time. _______________ Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Martin, seconded by Mr. Rooker, to approve Items 5.1 through 5.6 on the Consent Agenda, and to accept Items 5.7 and 5.8 as information. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Martin, Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Bowerman. NAYS: None. __________ Item 5.1. Approval of Minutes: February 6, March 25 (A), June 5, and July 3, 2002. Mr. Dorrier had read June 5, 2002 (Pages 1 through 26) and found them to be in order as presented. Mr. Bowerman had read the minutes of July 3, 2002 (Pages 1 through 22 ending at Item #13) and found them to be in order as presented. By the vote set out above, the minutes which had been read were approved. _________ Item 5.2. Proclamation recognizing October, 2002 as Domestic Violence Awareness Month. Ms. Thomas read the following proclamation into the record (which had been approved by the vote set out above) and then gave it to Mr. Stuart Diggs. DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, violence against women, children and men continues to become more prevalent as a social problem. In 2001, in the Commonwealth of Virginia, domestic violence programs offered safe shelter to 3,145 victims of domestic violence; 24-hour intervention and referrals in response to 45,934 hotline calls; 60,199 hours of counseling and advocacy to children; and, 93,246 hours of family violence advocacy services to women, children and men; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers; and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse. The impact of domestic violence is wide-ranging, directly affecting women and children and society as a whole; and WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who often suffer grave financial, physical and psychological losses; and September 11, 2002 (Regular Night Meeting) (Page 2) WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home; NOW, THEREFORE, in recognition of the important work being done by domestic violence programs, I, Sally H. Thomas, Chairman, on behalf of the Board of Supervisors of Albemarle County, Virginia, do hereby proclaim the month of OCTOBER, 2002, as DOMESTIC VIOLENCE AWARENESS MONTH and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency to work toward the elimination of personal and institutional violence against women, children and men. __________ Item 5.3. Reallocate County's Match for VDOT Revenue Sharing Funds. It was noted in the staff's report that the County has been awarded $900,000 in Airport Access Funds for use on the Airport Road improvement project between Route 29 North and Route 606. To receive the funds, the County must match this grant with $300,000, resulting in a total project cost of $1,200,000. Funds proffered with the North Fork Research Park development totaling approximately $78,000 can be used toward the needed match. Staff is proposing that the remaining $222,000 come from Revenue Sharing Funds set aside in the Capital Improvement Program (CIP). The County is also in the process of designing a traffic circle in the Hollymead subdivision at the intersection of Powell Creek Drive and the entrance to the Springridge development. The cost of the traffic circle is approximately $150,000. The developer of Springridge subdivision proffered $100,000 for traffic calming measures in the neighborhood, which will be used toward this project. The County must fund the remaining $50,000. The traffic calming measures, including this traffic circle, were considered an important component of the approval and development of the Springridge project to address potential traffic concerns (speeding, cut-through traffic) resulting from the opening of the road over the Lake Hollymead dam, connecting Hollymead to Forest Lakes. Staff is requesting that the Board allow $272,000 in County funds ($222,000 for the Airport Road project and $50,000 for the Hollymead traffic circle), currently allocated to match VDOT Revenue Sharing Funds for the Old Lynchburg Road project (south of I-64 to Route 708) to be used instead to cover the Countys cost for the above-noted projects. The Board previously allocated $500,000 in the CIP toward the = Old Lynchburg Road project. Due to VDOT projected financial shortfalls over the next six years, this project has been postponed until December, 2008 at the earliest. VDOT has not reallocated the Revenue Sharing Funds and match for this project to any other project in the Six-Year Secondary Plan budget. The delay in completion of Old Lynchburg Road will allow the County to replace the $272,000 with future Revenue Sharing Funds. The infusion of Airport Access funds to the Airport Road project will "free up" $1,200,000 in the Six-Year Secondary Plan. This will allow funds to be reallocated to the Jarman's Gap Road project so it can stay on the schedule prior to the State budget shortfall. This will eliminate the expected two-year delay in the project. The Hollymead traffic circle is not eligible for VDOT traffic calming funds in the Six Year Secondary Plan because it was not a project initiated by VDOT. The developer of the Springridge project will construct the traffic circle. The County will reimburse the developer for the County's share of the project. Staff recommends the approval of the use of $272,000 of Revenue Sharing matching funds currently designated for the Old Lynchburg Road project to instead match an Airport Access Fund grant for the Airport Road project ($222,000) and for the Hollymead Traffic Circle project ($50,000). By the recorded vote set out above, the Board approved of the use of $272,000 of Revenue Sharing matching funds currently designated for the Old Lynchburg Road project to instead match an Airport Access Fund grant for the Airport Road project ($222,000) and for the Hollymead Traffic Circle project ($50,000). __________ Item 5.4. Resolution of Intent to include property identified as Tax Map 93A1, Parcel 2, co-owned by Albemarle County and the East Rivanna Volunteer Fire Department in ZMA-01-08, "Rivanna Village at Glenmore" rezoning. It was noted in the staff's report that in the year 2001, Glenmore Associates asked the East Rivanna Volunteer Fire Department and Albemarle County, co-owners of the property identified as Tax Map 93A1, Parcel 2, to enter into ZMA-01-08, Rivanna Village at Glenmore. Although the East Rivanna Volunteer Fire Department does not desire to move to a different location, it does desire to become a part of ZMA-01-08. By entering into the rezoning, County staff and the Fire Department believe that where appropriate, circulation changes can be made which will be more advantageous to the full development of this designated development area. Staff recommends that the Board adopt a Resolution of Intent authorizing the County to enter into the rezoning request as co-owner of the property. September 11, 2002 (Regular Night Meeting) (Page 3) By the recorded vote set out above, the Board adopted the following Resolution of Intent: RESOLUTION OF INTENT WHEREAS, the parcel identified as Tax Map 93A1 Parcel 2 (the "parcel") is co-owned by the County of Albemarle (the "County") and the East Rivanna Volunteer Fire Department, Incorporated; and WHEREAS, the parcel is currently zoned Rural Areas (RA), but is located within a proposed planned development that has been identified as the "Rivanna Village at Glenmore," which is the subject of Zoning Map Amendment ("ZMA") 01-08; and WHEREAS, ZMA-01-08 proposes to change the zoning of the lands comprising the proposed Rivanna Village at Glenmore from Rural Areas (RA) to a planned development zoning district in a manner consistent with the Comprehensive Plan; and WHEREAS, authorizing the parcel to be reviewed and considered as part of ZMA-01-08 will assure that, if ZMA 01-08 is approved, the lands within the proposed planned development can be planned and developed as a whole. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend the zoning of the parcel as part of ZMA-01-08, as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning map amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. __________ Item 5.5. Authorize County Executive to execute deed and purchase agreement for Birnam Regional Stormwater Detention Basin. It was noted in the staff's report that the Birnam Regional Stormwater Basin and Pedestrian/Bike Path is a Capital Improvement Project (CIP) to be located behind Whitewood Park. The purpose of the basin is to relieve flooding and erosion problems associated with the channel adjacent to Four Seasons Drive and Dominion Drive. This stormwater control facility was identified in the Urban Drainage Study completed by the Engineering Department in 1984. The Pedestrian/Bike Path project replaced the Greenbrier Drive Extension. Its purpose is to complete the pedestrian link between the Greenbrier Drive/ Whitewood Road intersection and Townwood Lane. At the direction of the Board on March 15, 2000, the County Attorney and Engineering Department proceeded with acquisition of the land necessary for the basin and the pedestrian/bike path. The land to be acquired for the basin was one of three adjoining parcels included within the Minor-Hargis Estate. During the negotiations, the Estate opted to sell all three parcels to a private land developer. The developer proceeded to prepare a site plan for the "Webland Park" townhouse community and coordinated the design with County plans for a regional basin and pedestrian/bike path. This "Webland Park" site plan was approved February 7, 2002. The County Attorney, Engineering Department, and the developer have negotiated the division of the property, physical improvements, and a fair and reasonable price for the acquisition. The re-division plat provides the County with 2.729 acres for the stormwater management basin and pedestrian/bike path, and it also provides a "green space" link to the open space areas of Townwood, Wynridge and the Minor Townhouses developments. Staff recommends that the County Executive be authorized to execute the deed and purchase agreement. By the recorded vote set out above, the Board authorized the County Executive to sign the deed and a contract of purchase by and between Pierson Properties, LLC and the County of Albemarle, all as set out below: PREPARED BY TAYLOR, ZUNKA, MILNOR & CARTER, LTD. TAX MAP/PARCEL: Portions of 61-18C, 18D, 19 & 28 THIS DEED, made this 28th day of August, 2002, by and between PIERSON PROPERTIES, LLC, a Virginia limited liability company, hereinafter referred to as Grantor and THE COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as Grantee, whose address is: 410 McIntire Road, Charlottesville, Virginia, 22902 W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand September 11, 2002 (Regular Night Meeting) (Page 4) paid and other good and valuable consideration, receipt of which is hereby acknowledged, Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee; All those certain parcels of land lying in Albemarle County, Virginia, more particularly described as Parcel Z containing 1.1438 acres and a 1.585 acre portion of Parcel 19, both to be added to and to become a part of Revised T.M. 61 Parcel 28 as shown on a plat of Roudabush, Gale and Associates dated August 12, 2002, said plat attached to and made a part of this instrument. Reference is made to said plat for a further and more particular description of the property herein conveyed. The property herein conveyed is a portion of the property conveyed to Grantor by deed from Pierson Properties, Inc., a Virginia corporation, dated March 20, 2002, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed book 2172, page 351. This conveyance is made expressly subject to the easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this Deed and on the terms, covenants and conditions set forth herein. This deed is exempt from state recordation taxes imposed by Virginia Code ' 58.1-801, pursuant to Virginia Code 58.1-811(A)(3). ' _____ CONTRACT OF PURCHASE THIS CONTRACT OF PURCHASE is made as of August 14, 2002, between Pierson Properties, LLC, a Virginia limited liability company, owner of record of the Property sold herein (the "Seller"), and the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia (the "Purchaser"). l. REAL PROPERTY: Purchaser agrees to buy and Seller agrees to sell that land (the "Property"), located in the County of Albemarle, Virginia, and described as: Parcel Z containing 1.1438 acres and a 1.585 acre portion of Parcel 19, both to be added to and become a part of Revised T.M. 61 Parcel 28 as shown on a plat of Roudabush, Gale and Associates dated August 12, 2002, and attached hereto (on file). 2. PURCHASE PRICE: The purchase price is One Hundred Thousand and 00/100 Dollars ($100,000.00), payable at settlement. 3. SETTLEMENT AND POSSESSION: Settlement shall be made at Taylor, Zunka, Milnor & Carter, Ltd. on or about September 30, 2002 ("Settlement"). Possession shall be given at Settlement, unless otherwise agreed in writing by the parties. 4. STANDARD PROVISIONS: All of the Standard Provisions on the attached EXHIBIT A are incorporated by reference and shall apply to this Contract. 5. APPROVAL: This Agreement has been approved or authorized for approval by a duly recorded vote of the Board of Supervisors of the County of Albemarle. EXHIBIT A STANDARD PROVISIONS A. EXPENSES AND PRORATIONS. Seller agrees to pay the expense of preparing the Deed, certificates for non-foreign status and Form l099-S and the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Purchaser in connection with this purchase, including, without limitation, title examination, insurance premiums, survey costs, recording costs, loan document preparation costs and fees of Purchaser's attorney, shall be borne by Purchaser. Real estate taxes shall be prorated as of Settlement. B. TITLE. At settlement, Seller shall convey to Purchaser good and marketable fee simple title to the Property by Deed of general warranty containing English Covenants of Title, free of all liens, defects and encumbrances, except as otherwise indicated herein, and subject only to such restrictions and easements as shall then be of record which do not affect the use of the Property for its intended purposes or render the title unmarketable. If a defect is found which can be remedied by legal action within a reasonable time, Seller shall, at Seller's expense, promptly take such action as is necessary to cure the defect. If Seller, acting in good faith, is unable to have such defect corrected within 60 days after notice of such defect is given to Seller, then either Seller or September 11, 2002 (Regular Night Meeting) (Page 5) Purchaser may terminate this Contract. Purchaser may extend the date for Settlement to the extent necessary for Seller to comply with this Paragraph. C. RISK OF LOSS. All risk of loss or damage to the Property by fire, windstorm, casualty or other cause, or taking by eminent domain, is assumed by Seller until Settlement. D. AFFIDAVITS AND CERTIFICATES. Seller shall deliver to Purchaser an affidavit to the effect that no labor or materials have been furnished to the Property within the statutory period for the filing of mechanics' or materialmen's liens against the Property or, if labor or materials have been furnished, that the costs thereof have been paid. Seller shall also deliver to Purchaser the certificates required by Sections l445 (FIRPTA) and 6045 (Form l099-S) of the Internal Revenue Code. E. ASSIGNABILITY. This Contract may not be assigned by either Seller or Purchaser without the written consent of the other. F. TITLE INSURANCE NOTIFICATION. The Purchaser may wish at Purchaser's expense to purchase owner's title insurance. Depending on the particular circumstances of the transaction, such insurance could include affirmative coverage against possible mechanics' and materialmen's liens for labor and materials performed prior to settlement and which, though not recorded at the time of recordation of the Purchaser's deed, could be subsequently recorded and would adversely affect Purchaser's title to the Property. The coverage afforded by such title insurance will be governed by the terms and conditions thereof, and the dollar amount of the cost of obtaining such title insurance coverage. G. MISCELLANEOUS. The parties to this Contract agree that it shall be binding upon them, and their respective personal representatives, successors and assigns; that its provisions shall be merged into the Deed delivered at Settlement and shall not survive Settlement. If any amendment is made, it is agreed that unless amended in writing, this document contains the final agreement between the parties hereto, and that they shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained; and that it shall be construed under the laws of the Commonwealth of Virginia. H. DEFAULT. If Seller or Purchaser defaults under this Contract, the non-defaulting party shall have all remedies available at law or in equity and the defaulting party shall be liable for any damages and all expenses incurred by the non-defaulting party in connection with this transaction and the enforcement of this Contract, including, without limitation to, attorneys' fees and costs, if any. __________ Item 5.6. Proclamation recognizing October 6 through 12, 2002, as Residents' Rights Week. Ms. Thomas read the proclamation into the record (which was approved by the vote set out above) and then gave same to Ms. Genie Smith. Residents' Rights Week Whereas, residents of long term care facilities are one of our greatest resources; and Whereas, the federal Nursing Home Reform Act of 1987 guarantees residents their rights in order to promote and maintain their dignity and autonomy; and Whereas, residents across to country will be celebrating Residents' Rights Week to give voice to the need for high quality care; and Whereas, Resident Councils provide a voice for individuals who reside in long term care settings; and Whereas, Family Councils enhance family participation and quality of life; and Whereas, these residents should be aware of their rights so they may be empowered to live with dignity and self-determination; Whereas, we wish to honor and celebrate these citizens, to recognize their rich individuality, and to reaffirm their rights as community members and citizens; and, Now, therefore, I, Sally Thomas, Chairperson of the Albemarle County Board of Supervisors, Albemarle County, Virginia, do hereby proclaim October 6-12 as September 11, 2002 (Regular Night Meeting) (Page 6) Residents' Rights Week Monday, October 7th as Resident Council Day Saturday, October 12th as Family Council Day in Albemarle County, Virginia, and encourage all citizens to join me in these important observances. __________ Item 5.7. 2002 Statement of Assessed Values for Local Tax Purposes for Railroads and Transmission Companies as prepared by the Virginia Department of Transportation (on file in the Clerk's Office) was received for information. __________ Item 5.8. Draft Planning Commission minutes for August 6, 2002, were received for information. _______________ Agenda Item No. 3. Public hearing on the proposed issuance of general obligation school bonds of Albemarle County in the estimated principal amount not to exceed $8,700,000. The purpose of the proposed bonds is to finance capital projects for public schools. (Notice of this public hearing was advertised in the Daily Progress on August 28 and September 4, 2002.) Mr. Tucker summarized the executive summary. He said the FY 2002-03 Capital Improvement Budget was approved with the intent to issue approximately $8,700,000 in bonds through the Virginia Public School Authority for the following projects: ADA Structural Changes, Brownsville Elementary Addition, Jack Jouett Middle School Additions/Renovations, Monticello High School, Post-High Facility, Southern Urban Elementary, Walton Middle School Addition, and Maintenance Projects. Resolutions authorizing the application to the Virginia Public School Authority (VPSA) were approved by the School Board on August 22, 2002, and by this Board on August 15, 2002. Mr. Tucker said that in order to proceed with this process, a public hearing is scheduled for tonight. After the hearing is held, staff recommends approval of a resolution to proceed with this project in order to meet the bond issuance guidelines. Other documents need to be approved as to form and will be completed during the actual bond sale process. At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Motion was immediately offered by Mr. Rooker, seconded by Mr. Bowerman, to adopt an Resolution Authorizing the Issuance of General Obligation School Bonds, Series 2002a, of the County of Albemarle, Virginia, in a Principal Amount not to Exceed $8,700,000 to be sold to the Virginia Public School Authority and Providing for the Form and Details Thereof. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Martin, Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Bowerman. NAYS: None. RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2002A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,700,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $8,700,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on September 11, 2002, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted August 22, 2002, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $8,700,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the County a purchase price for the September 11, 2002 (Regular Night Meeting) (Page 7) Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the amount of the discount the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $8,700,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Chairman of the Board and the County Executive, or either of them, that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 97.5% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Chairman of the Board, the County Executive, or either of them, and such officer or officers of the County as either may designate, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 1, 2002 (the "Bond Sale Agreement"), with the VPSA providing for the sale of the Bonds to the VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2002A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2003 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2022. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in September 11, 2002 (Regular Night Meeting) (Page 8) immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and paying agent for the Bonds (the "Bond Registrar"). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2012, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2012, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2012, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2012, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2012, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2012 through July 14, 2013 101% July 15, 2013 through July 14, 2014 100 1/2 July 15, 2014 and thereafter 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman, either of whom may act, and the Clerk or any Deputy Clerk of the Board, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Director of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers September 11, 2002 (Regular Night Meeting) (Page 9) of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. _______________ Agenda Item No. 3. SP-2001-046. Snows Rental Units (Sign #3). Public hearing on a request to establish contractor's outdoor storage on TM 90, P 35. Property consists of approx 8.167 acs. Znd LI & EC. Outdoor storage & display in EC Overlay District requires SUP in accord w/ provisions of 30.6.3.2(b) ' of Zoning Ord. Loc on E sd of Avon St (Rt 742) opposite Mill Creek S. Scottsville Dist. (Notice of this public hearing was advertised in the Daily Progress on August 26 and September 2, 2002.) (Note: Ms. Thomas said she has no official conflict of interest, but would like to state that the Snows are her next door neighbors) Mr. Cilimberg summarized the staffs report which is on file in the Clerks Office and made a part of == the permanent records of the Board of Supervisors. He said the applicant is proposing to utilize this property for outdoor storage and display on approximately eight acres. It is anticipated that the site will be used by contractors to store bulky materials such as pipe, wire, vehicles and other materials outside in accord with a concurrent site plan. He said the east side of Avon Street Extended is developed with a variety of industrial type uses. Snows Nursery is located adjacent to and north of the site under review. = The parcel north of the nursery was approved in 1999 for the same use requested now. The parcel is currently being used for stockpiles of mulch, fertilizer, etc. Mr. Cilimberg said the delineates a small buffer strip along the frontage of this Open Space Plan property to protect the Entrance Corridor and surrounding residential areas from possible industrial-type adverse affects such as noise, dust and glare. The existing buffer strip consists mainly of pine trees which will be removed and replaced by a landscaped buffer area consisting of large, medium and small shade and screening trees. Mr. Cilimberg said the Architectural Review Board (ARB) is recommending a number of conditions of approval intended to minimize the visual effect on the Entrance Corridor. It is staffs opinion that with the = ARBs approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning = Ordinance and the Comprehensive Plan. Staff recommended approval with four conditions. On September 3, 2002, the Planning Commission, by a vote of 7:0, also recommended approval subject to these same four conditions. At this time, Ms. Thomas opened the public hearing, and asked the applicant to speak first. Mr. Duane Snow said steps have been taken to eliminate dust and debris, but there cant be more = dust and debris than they have right now. He said Mr. Dorrier spoke to him earlier and said the neighbors were complaining about the piles of manure and stone, etc., and asked if something could be done to alleviate that situation. They planted a row of white pines and that helped a tiny bit. What they plan to do now will be a lot better. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Mr. Dorrier said it looks like a good use of the property and will be in character with the neighborhood. Snows is a good citizen of the County. He then offered motion to approve SP-2001-046 = subject to the conditions recommended by the Planning Commission. The motion was seconded by Mr. Rooker. Roll was called, and the motion carried by the following September 11, 2002 (Regular Night Meeting) (Page 10) recorded vote: AYES: Mr. Dorrier, Mr. Martin, Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Bowerman. NAYS: None. 1. The height of stored items shall be limited to eight (8) feet in the front row of storage areas (the row closest to Avon Street) and in the southernmost storage area in the back row; 2. Eight-foot (8') high solid wood fencing of a design that meets ARB approval shall be used for the north and south perimeters of the front row of storage yards, the portions of fencing that connect storage yards in the front row, and the southern side of the southernmost storage yard in the back row; 3. Chain link fence shall not be visible from the EC; and, 4. Landscaping of a design that meets ARB approval shall be used to soften the appearance of the development and to integrate the site. _______________ (Not Docketed) Ms. Thomas said she would like to bring up a new item concerning the Conservation of Water Ordinance. Mr. Tucker said he, Mr. Bill Brent, and Mr. Davis feel that since the Board does not have another meeting until after the first of October, they would ask that the Board consider and adopt an amendment to the emergency drought ordinance tonight. It will provide and give authority to the Albemarle County Service Authority to increase, change, or add to the restrictions they already have in place. The Albemarle County Service Authority Board meets a week from tomorrow, and they will discuss it at that time. Due to the rapid reduction in capacity of the reservoir, they felt it important to discuss this tonight. The ordinance also provides for penalties which can be dealt with through fines on the water bill rather than going through the court system. That means staff will not have to deal with warrants, thus freeing up court time. Mr. Davis said this is a matter of procedure. Staff is asking that this ordinance be adopted as an emergency ordinance. It has not been advertised, but the County has the ability under State Code in urgent situations, to adopt an ordinance which can be readopted within 60 days after appropriate advertising. He said the current ordinance (Section 16-500 of the County Code) sets out eight specific categories of restrictions that the ACSA director can impose after there is a declared water emergency. Mr. Brent has said there may be a need to add additional restrictions and to make sure there is clear authority for him to do that it needs to be set forth clearly in the adopted ordinance. The second important part is setting up a penalty charge. When people are found to be in violation of the restrictions, the ACSA has the ability to set up a penalty charge system. That system would put a financial penalty on people violating the restrictions rather than charging them with a misdemeanor in all circumstances. This reserves the ability for misdemeanor charges to be brought against people who are flagrant abusers. It is hoped this will minimize the number of criminal charges brought within the public water system. He said this same type of procedure is not available to the County outside of the public water system in the Rural Area in trying to enforce the Governors Executive Order. In those instances, there would still be misdemeanor charges = brought. Mr. Dorrier asked if this ordinance applies to people with private wells. Mr. Davis said no. It only A@ applies to the public water supply system operated by the ACSA. Ms. Thomas asked how it can be assured that someone is aware they are violating a provision of this ordinance. Mr. Davis said the restriction would need to be published in the newspaper in the County before any additional restrictions can be put into place. Ms. Thomas asked if the regulation requires a person be notified before they are assessed a penalty. Mr. Davis said this ordinance does not get into that detail. Philosophically, that is because it leaves those types of decisions up to the ACSA. All this ordinance requires is a legal posting in a newspaper. All administrative details are left to the ACSA Board of Directors. Mr. Bowerman noted Section 3 where it says a person may challenge an assessment. He said it looks like the entire power is left with the Executive Director. He asked if there is any other recourse if people feel they have been unjustly charged even after the second ruling. Mr. Brent said that does not appear to be possible under this ordinance. Mr. Bowerman asked if that is what the Board really wants to do. Mr. Davis said the customer would always have the ability to go to the ACSA Board and complain. There is not a formal process for that procedure. The purpose for keeping this simple is to have an orderly process that does not consume the ACSA in the operation of their system. Mr. Dorrier said even a simple parking ticket has an appeal procedure beyond the one person who makes the decision to issue the ticket. Mr. Bowerman said he thinks this ordinance is different from that parking ticket because of the severity of what is going on. Mr. Martin said the Board is only doing this because this is a drastic situation. If the emergency is no longer there at a later date, then everything moves back to a lower level of caution. Eventually, hopefully none of these restrictions will apply. In an emergency situation, having only one appeal does not bother him. September 11, 2002 (Regular Night Meeting) (Page 11) Mr. Rooker suggested adding a sentence saying A person aggrieved by any decision of the A Executive Director may appeal the decision to the Albemarle County Service Authority Board of Directors. @ He thinks that would alleviate Mr. Dorriers concerns. = Mr. Martin asked if a person is in violation if they are notified immediately or is their first notification when they get their bill. Mr. Brent said when they impose the restrictions, in the billing process they enclose a copy of the mandatory restrictions, but that takes 30 days to get to the customer. They also published it numerous times in the newspaper. However, he had a lady call him to say that she does not read the newspaper, does not listen to the radio, nor does she watch television, and she knew nothing about it. Mr. Martin asked when a person knows they are being penalized. Mr. Brent said the regulations have not yet been written, but they will try to give as much notice as possible. Mr. Martin suggested hanging a notice on the homeowner's door. He said someone might be in violation, but not know they were in violation or that they had been cited. Mr. Brent said unless it is a flagrant violation, they leave a warning card. If there is no place to leave the card, it is mailed. For flagrant violations, the person may not get a warning. Ms. Thomas said she is concerned that the first time they hear about the violation is when the bill is received. She wants them to hear of the violation quickly. Mr. Brent said the ACSA wants the violation to cease. Mr. Rooker asked if things get extremely severe, has the ACSA discussed the possibility of imposing some kind of mandatory restrictions on use or what might be defined as overuse. Mr. Brent said the ACSA will address that issue next. City Council will address it sooner since they meet next Monday night. The City and the ACSA can be expected to be adding more punitive measures. Ms. Thomas said she heard that the automatic sprinkler systems for watering lawns are metered separately. She asked if that is true. Mr. Brent said yes. They read all the irrigation meters on the day A@ that the restrictions were imposed. They will be able to see what has been happening. Mr. Davis said he has the wording for an amendment. He suggested that before the last sentence in Subsection E, add: Any person aggrieved by the decision of the executive director may appeal that A@A decision to a committee of the authority's board by filing an appeal in writing within five days of the executive director's decision. The next sentence would read: The executive director or his designee, or @A upon appeal, the committee of the authority's board, may waive the penalty charge if it is determined that the violation occurred due to no fault of the person. @ Mr. Dorrier suggested saying ... within five days notice of the executive directors decision .... He A=@ said if the customer does not know about it, he will not know when the five days starts. Ms. Thomas agreed that the words of notice be added. Mr. Davis said if it is in writing, within five A@ days of the date of notice, would be fine. Mr. Rooker noted that two sentences before these words, it requires notice to be in writing, so it would be easier to just say within five days of notice. Mr. Davis said that language is fine. A@ Mr. Martin asked Mr. Davis to state a motion. Mr. Davis said with those amendments, the motion is simply to adopt Emergency Ordinance No. 02-16(E)(1). Motion to this effect was offered by Mr. Martin, seconded by Mr. Dorrier, and carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Martin, Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Bowerman. NAYS: None. ORDINANCE NO. 02-16(E)(1) AN EMERGENCY ORDINANCE TO AMEND CHAPTER 16, WASTEWATER AND WATER SYSTEMS OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE V, CONSERVATION OF WATER. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 16 of the Code of the County of Albemarle, Wastewater and Water Systems, is amended as follows: By Amending: Article V. Conservation of Water. Sec. 16-500. Conservation of Water During Emergencies. Chapter 16. Wastewater and Water Systems Article V. Conservation of Water Sec. 16-500. Conservation of Water During Emergencies. September 11, 2002 (Regular Night Meeting) (Page 12) A. Should the board of supervisors, at any time, declare there to be an emergency in the county arising wholly or substantially out of a shortage of water supply, the Albemarle County Service Authority (the "authority") and its Executive Director (the "executive director") are hereby authorized during continuation of the water emergency to order the restriction or prohibition of any or all uses of the water supply, including but not limited to: 1. Watering of outside shrubbery, trees, lawn, grass, plants, home vegetable gardens, or any other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity. This limitation shall not apply to commercial greenhouses or nursery stocks, which may be watered in the minimum amount required to preserve plant life before 7:00 a.m. or after 8:00 p.m. 2. Washing of automobiles, trucks, trailers, or any other type of mobile equipment, except in licensed commercial vehicle wash facilities. 3. Washing of sidewalks, streets, driveways, parking lots, service station aprons, exteriors of homes or apartments, commercial or industrial buildings or any other outdoor surface, except where mandated by Federal, state, or local law. 4. The operation of any ornamental fountain or other structure making a similar use of water. 5. The filling of swimming or wading pools requiring more than five gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the declaration of emergency, except that pools may be filled to a level of two feet below normal, or water may be added to bring the level to two feet below normal, or as necessary to protect the structure from hydrostatic damage, for pools constructed or contracted for on or before the effective date of the declaration of emergency restrictions. 6. The use of water from fire hydrants for any purpose other than fire suppression, unless otherwise approved by the executive director. 7. The serving of drinking water in restaurants, except upon request. 8. The operation of any water-cooled comfort air conditioning that does not have water conserving equipment in operation. 9. Any additional water use restriction deemed necessary. The above restrictions, or any of them, shall become effective upon their being printed in any newspaper of general circulation in the county, or broadcast upon any radio or television station serving the county. B. Upon implementation of subsection A, above, the authority shall establish an appeals procedure to review customer applications for exemptions from the provisions of subsections A on a case by case basis and, if warranted, to make equitable adjustments to such provisions. The authority shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply set forth in subsection A. The authority shall, in deciding applications, balance economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the individual and cumulative impacts to the water supply resulting from the granting of exemptions. C. Should measures taken pursuant to subsection A of this section prove insufficient to preserve sufficient supplies of water for the citizens of the county, the authority and its executive director are hereby further authorized to impose temporary rate increases or surcharges on the consumption of water, to restrict or discontinue the supply of water to any industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees, to declare a moratorium on new water connections to buildings issued a building permit after the date of declaration of emergency, and to restrict water use to basic human needs only. D. Any person violating any provision of this section, or any order of the executive director of the authority issued pursuant to the authority granted hereunder shall be guilty of a class 3 misdemeanor. In addition, the executive director of the authority is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. E. In addition to the penalties set forth in subsection D, above, the authority and the executive director may impose penalty charges on any person violating any provision of this section. Such penalty charges shall be in an amount determined by the authority and shall be imposed on the violator's next water bill. If such penalty charges are not paid when due, the executive director of the authority is authorized to terminate the water service and take any additional measures authorized by law. Persons who have been assessed a penalty charge shall have the right to challenge September 11, 2002 (Regular Night Meeting) (Page 13) the assessed charge by providing a written notice to the executive director of the authority within ten (10) days of the date of the assessment of the penalty charge. The executive director or his designee shall determine whether the penalty charge was properly assessed and notify the complaining person in writing of his determination. Any person aggrieved by the decision of the executive director may appeal that decision to a committee of the authority's board by filing an appeal in writing within five (5) days of notice of the executive director's decision. The executive director or his designee, or upon appeal, the committee of the authority's board, may waive the penalty charge if it is determined that the violation occurred due to no fault of the person. F. Nothing in this section shall be construed to prohibit the authority and its executive director from rescinding any orders issued thereunder when the conditions creating the need for such orders have abated. G. Nothing in this section shall be construed to prohibit the authority and its executive director from exercising any and all powers and taking any and all actions authorized by the Virginia Water and Waste Authorities Act, Virginia Code 15.2-5100, '' et al. H. This Ordinance shall take effect immediately, being adopted under emergency procedures pursuant to Virginia Code Section 15.2-1427, and shall remain in effect not longer than sixty days unless readopted in conformity with the applicable provisions of the Virginia Code. (Ord. 00-16(1), 8-2-00; Ord. 02-16(E)(1), 9-11-02) State law reference--Va. Code 15.2-924. '' _____ September 11, 2002 (Regular Night Meeting) (Page 14) Ms. Thomas said she appreciates the notices from Mr. Brent every day concerning the decline in the water level in the reservoir. Mr. Brent said things are beginning to move rapidly, and more aggressive action will be taken. Mr. Bowerman asked that Mr. Brent also let the Board know the number of penalties being assessed. __________ Mr. Perkins said he had a couple of water related questions which did not concern this particular subject. He asked about withdrawal of water from open creeks, etc. by people who have tanks and trucks. He understands that the Game Warden stopped some people from drawing water from the James River at Scottsville. He understands they were drawing water for their cattle. Mr. Davis said there is a limitation on the amount of water that can be taken without getting a permit. Mr. Mark Graham said that according to State Water Control Board regulations, an individual can take 10,000 gallons per month before he is required to obtain a permit. The DEQ was asked this specific question, and they advised that it is legal for those persons to take the water. Mr. Davis said that is as long as they have legal access to the river. Ms. Thomas said that earlier, farmers with tanks on their trucks were being allowed to come to a fire hydrant at an ACSA location. She asked if that was still being allowed. Mr. Brent said the water haulers have been moved to Crozet, and the number of trips being made to that location is astronomical. Ms. Thomas said the Farm Bureau is well-represented at this meeting today. If there are farmers who do not know about that service, this may get the word to them. Mr. Brent said it is done by special permit issued to water haulers as long as the Crozet supply holds up. Mr. Rooker asked how the Beaver Creek Reservoir is holding up. Mr. Brent said it is down by five feet. It has dropped about one-tenth of a foot in the last several weeks. Mr. Rooker asked what that means in capacity. Mr. Brent said if there is no rain, there are over two years of water remaining in the reservoir. Mr. Perkins asked if this ordinance applies county-wide. Mr. Davis said that Crozet and Scottsville are not included at this time. It is only the area served by the South Fork Rivanna Reservoir. _______________ Agenda Item No. 3. Mountain Protection Plan Ordinance, Discussion of. Mr. Tucker said the background information from the Boards discussion of this matter in 1998 had = been forwarded to the Board with the materials for this meeting. He said that if the Board decides to go forward with this ordinance, there will be additional staff work required. Mr. Rooker said his interest is in seeing that the Board gets this subject back before it, and perhaps have a public hearing, and take a vote at some point. Perhaps, in the interim there should be a work session to get up-to-date on the current status of the ordinance. He understands this process began in 1995 with the Committee, which included mountaintop protection as one of its charges. They made specific recommendations to the County which included adoption of the Mountaintop Protection Plan in the Comprehensive Plan. It included the passing of an ordinance to provide some enforcement mechanism to the general provisions of the Plan. Both components went to the Planning Commission and they recommended adoption of both. When they came to this Board in 1998, the Plan was adopted, but the ordinance was not. The plan details how important an ordinance is, particularly on the water resources of the County. One of the strategies adopted by this Board is to develop a mountaintop protection district to protect and promote mountaintop resources and protect public safety in the mountain areas. The Plan goes on to talk about the fact that the mountains are almost entirely in forest cover, and the importance of maintaining those forested areas. It talks about the importance of the mountain areas with respect to water quality and water quantity, with respect to protection of soil. The Board has a report from the Engineering Department dated September 6, 2002, in which it is stated I will add that the water quality and quantity A impacts of the denuded mountainous terrain are of very serious concerns to this office. Mountain slopes tend to be very sensitive, and grading these areas can require years or decades to recover some of the natural resources." It is also stated Whether the issue is groundwater recharge, protection of the South A Fork Rivanna Reservoir, maintaining bio-diversity or preserving our natural resources, the answers all seem to keep coming to the importance of maintaining large areas of forest. If we want to be successful in preserving the Countys natural resources, I believe we must consider how well the Countys policies and == ordinances protect and maintain forest areas. In this regard, the County has addressed three buffers which are some of the most sensitive lands. Mountainous terrain is another sensitive land that is probably the next most important place to protect. @ Mr. Rooker said he would like for the Board to bring this back on November 13, if that is possible. Mr. Tucker said staff would probably have to put some of the Neighborhood Model issues on hold and some of the Rural Areas issues on hold, in order to do that. For a work session, staff can just bring the Board up to speed and then hear the Boards comments on any changes it might want to make. A@= Mr. Perkins said some things have changed in the last four years, such as, family divisions, the lighting ordinance, and that would have already changed what was proposed in 1998. Ms. Thomas said the Board has Attachment B in the paperwork today that was the Mountain A@ September 11, 2002 (Regular Night Meeting) (Page 15) Committees recommendations to the Board when they were asked to comment on what was heard at the = public hearing. The second page of that has a list of what the Committee considered deficiencies in current regulations. She thinks that list lays out a lot of the questions the Board members would want to discuss at a work session. She said clustering provisions known as the rural preservation district must be changed A@ because the State has changed those provisions. Mr. Rooker said he understands Attachment B contains comments on the ordinance that was recommended by the Planning Commission. The Commission made some modifications to the ordinance recommended by the Committee which were probably more favorable to property owners in order to gain some consensus on the ordinance. Included in that was a recommendation for a special use permit process if a person could satisfy the intent of the ordinance by locating a lot partially within the district rather than outside of it. Ms. Thomas said she was a member of the Mountain Committee, and they did not go out and try to make new regulations. Recommendations were in response to needs that they found, or where they found gaps in present regulations in terms of the Comprehensive Plan amendment. She thinks Attachment B would be a list to look at and determine if there have been significant changes. Mr. Dorrier said he went through this paperwork in detail. He thinks the name of the ordinance is not correct. It is clearly a ridgeline water protection ordinance because it recommends against building on the ridgelines and along the ridges, and not so much on mountaintops which may be a flat surface. One of the main purposes of the ordinance is to prevent erosion and sedimentation going into the reservoir, and to preserve water quality and quantity, so he thinks it is a water protection ordinance, and a ridgeline protection ordinance, and therefore, it should be renamed Ridgeline Water Protection Ordinance and not a A@ mountaintop ordinance. Mr. Rooker said he has no opinion about what it is named. He thinks it is geared toward several things, and primarily that is the protection of water resources. Due to time constraints for this meeting tonight, he suggested setting a work session on this question on November 6, and then holding a public hearing on November 13. Mr. Tucker said he had asked Mr. Cilimberg about that, and he thinks it will be much more difficult to pull these things together than anticipated. He suggested that even for staff to get up to speed, to hold the work session on November 6, and then decide when to hold the public hearing. Mr. Martin said when the Board dealt with this ordinance the last time, it stalled because of property owner concerns. He went out and looked at many properties where property owners felt they could do something better with the land than what was allowed by the ordinance. They had some valid points. On Attachment B it states The Board should decide what the ordinance will look like before taking it back to A the public. Property owners should be notified by mail of additional meetings, etc. He said that at some @ point, either before or after the work session, he thinks those property owners should be notified. Mr. Davis said by policy of the Board, it has always given the same notice as that required of the Commission. The new state law only requires that the Commission give that notice. If the matter was referred back to the Commission, a letter would be required to be sent to each property owner affected by the overlay district. If there is only a public hearing at the Board level, it is at the Boards discretion to send such a notice. = Mr. Martin said he thinks that should be done. Ms. Thomas and Mr. Rooker agreed. Mr. Martin said this issue could affect a lot of people who would never know it were being voted on if they were not notified. Mr. Davis asked how many notices were sent before. Mr. Cilimberg said there were several thousand property owners who were affected. Ms. Thomas said the Board is working its way toward deciding if there will be a work session November 6. She assumes it would be helpful to staff if they knew what the Board wanted to cover at that meeting. She suggested that the Board members E-mail their questions to staff. She has no interest in giving staff something that is just make work. They dont need any additional work at this time. Mr. A@= Tucker said staff will develop a time line to be discussed November 6. Mr. Cilimberg said if the County has to hold a public hearing on any big zoning map amendment near the end of the year and has to notify many property owners, the digitized tax maps will be available by then. Mr. Perkins said aesthetics, the visibility of houses built on the ridgelines was a big factor. Ms. Thomas said she has been working for about six years trying to get the General Assembly to give the County the enabling legislation which would allow it to have an overlay district in which aesthetics did count. She does not know if that will ever happen. Mr. Perkins said in this vicinity there is Wintergreen and Snowshoe, and both are abominations. He hopes that never happens in Albemarle County. _______________ (Not Docketed) Ms. Thomas said this item is not part of the official agenda tonight, but it is a resolution of appreciation signed by the all Board members to Laurie Bentley who is leaving County service. She read the following into the record: We, the Albemarle County Board of Supervisors, recognize and express our appreciation to Laurel Bentley Middaugh September 11, 2002 (Regular Night Meeting) (Page 16) for her valuable contributions to the Albemarle County community as a County employee in the Board of Supervisors' office since 1997; for her leadership in County-wide customer service initiatives that will leave a lasting legacy among her co-workers; for her significant contributions in overseeing the Boards and Commissions' process, and working closing with members of those committees; and for her involvement and assistance in overseeing the electronic documentation of archival records. Laurie's professionalism and dedication to the members of the Board of Supervisors is very much appreciated and will be missed. We, as a community, are strengthened by the contributions and commitment of employees such as Laurie Bentley Middaugh whose dedication and professionalism help make Albemarle County a better place to live and work. _______________ Agenda Item No. 5. From the Board: Matters Not Listed on the Agenda. Ms. Thomas said she had received a subpoena to appear at an administrative hearing concerning ABC violations at Foxfield. Mr. Davis said Ms. Thomas has been subpoenaed, but they dont know why. Mr. = Martin said if she just got it today she does not have to reply. _______________ Agenda Item No. 10. With no further business to come before the Board, at 8:00 p.m., the meeting was adjourned. ________________________________________ Chairman Approved by the Board of County Supervisors Date: 11/06/2002 Initials: EWC