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Home My WebLink About1998-04-15 000'187 April 15, 1998 (Regular Night Meeting) Page 1 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 15, 1998, at 7:00 p.m., Room 241, County office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:00 p.m., by the Chairman, Mr. Marshall. 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 from the Public. Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve items 5.1 through 5.9 and to accept the remaining item for information. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. NAYS: None. Item No. 5.1. Appropriation: Emergency Communications Center, $28,452 (Form ~97054) . The Emergency Communications Center Management Board has approved the transfer of $28,452.00 from its fund balance to replace certain communications equipment: $1,400 is to be used towards the purchase of an emergency replace- ment of an antenna for the Carter's Mountain radio site, and $27,052 is to be used toward the purchase of replacement equipment for a Digital Logging Recorder to record and play back 9-1-1 telephone calls. Staff recommended the Board approve the appropriations, totaling $28,452.00, as detailed on Form #97054. By the above shown vote, the Board approved the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 97/98 NLIMBER: 97054 FUI~D: ECC PURPOSE OF APPROPRIATION: EQUIPMENT REPLACEMENT. EXPENDITURE COST CTR/CATEGORY. 1410031040800301 1410031053800301 DESCR PTION COMMI3NICATION EQUIPMENT COMMUNICATION EQUIPMENT AMOUNT $27,052.00 1,400.00 REVENUE 2410051000510100 TOTAL DESCRIPTION FUND BALANCE TOTAL $28,452.00 AMOUNT $28,452.00 $28,452.00 April 15, 1998 (Regular Night Meeting) Page 2 Item No. 5.2. Appropriation: Education, $47,425 (Form #97055). At its meeting on March 23, 1998, the School Board approved the appro- priation of the Project Return II Grant Award in the amount of $44,925.00 and an appropriation of $2,500.00 from the Rotary Club of Charlottesville. Albemarle County Public Schools have received the Regional Pilot Projects for an Alternative Education Program (Project RETURN II) grant for the 1997-98 fiscal year. A consortium including Nelson County Schools, Charlottesville City Schools, and Albemarle County Schools will continue to address the educational, social, and emotional needs of students who require an alternative educational program, such as students who have been expelled or suspended for an entire semester or have two or more long-term suspensions in one school year. Project RETURN II will use distance learning, and intensive counseling for both the student and the family. Because of a decrease in grant funding this year, the three school systems in the consortium will supplement this project with previously dedicated funds in their budgets. Nelson County Schools, in the amount of $5,400.00; Charlottesville City Schools, in the amount of $6,120.00; and Albemarle County Schools in the amount of $6,090.00. The Albemarle County School Division received a donation in the amount of $2,500.00 from the Rotary Club of Charlottesville. This donation will be used to support the ~Character Counts" pilot project. The Character Counts Program is based on the premise that families, communities, and schools share in the responsibility to help young people develop good character. The funds will be used to support training for staff to implement the program. Staff recommended the Board approve the appropriations, totaling $47,425.00, as detailed on Form #97055. By the above shown vote, the Board approved the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 97/98 NUMBER: 97055 FUND: GRANT/SCHOOL PURPOSE OF APPROPRIATION: PROJECT RETURN II GRANT AND DONATION. EXPENDITURE COST CTR/CATEGORY 1312263349112100 1312263349210000 1312263349221000 1312263349231000 1312263349241000 1312263349550100 1312263349601300 DESCRIPTION SALARY - TEACHER FICA VRS HEALTH INS. LIFE INSURANCE TRAVEL-MILEAGE INSTR. MATERIALS AMOUNT $28,968.99 2,207.40 3,577.40 2,000.00 101.40 1,000.00 7,069.81 1211161311550400 TRAVEL-EDUCATION 2,500.00 TOTAL $47,425.00 REVENUE 2312224000240500 2312218000189900 2312251000512001 DESCRIPTION PROJECT RETURN II MISC. REVENUE TRANS. FROM SCHOOL FLIND AMOUNT $27,315.00 11,520.00 6,090.00 2200018000181109 DONATION 2,500.00 TOTAL $47,425.00 Item No. 5.3. Appropriation: Capital Improvements Fund, Adjustment, $241,150 (Form ~97056) . A review of Capital Improvement Projects revealed several projects that have been completed or revised and no longer require the remaining appropri- ated balance. These projects are: April 15, 1998 (Regular Night Meeting) Page 3 Asphalt Paving - Georgetown Sidewalk - Fifth Street Park Road Extension A.D.A. Compliance Study Storm Water - Lickinghole Creek $ 13,000.00 78,000.00 41,000.00 65,940.00 123 210.00 000189 TOTAL $321,150.00 Several projects, however, will require additional funds for completion as follows: Sidewalk - Hydraulic Road Sidewalk - Barracks Road $ 30,000.00 50,000.00 TOTAL $ 80,000.00 The above adjustments will result in a net reduction of $241,150.00 in capital projects. Staff recommended the Board approve the adjustments to the capital projects as detailed on Form #97056. By the above shown vote, the Board approved the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 97/98 NUMBER: 97056 FUND: CAPITAL PURPOSE OF APPROPRIATION: ADJUSTMENTS TO CAPITAL PROJECTS. EXPENDITURE COST CTR/CATEGORY 1901041000950011 1901041000950057 1901041000950091 1901041000950022 1901041000950073 1901041000950072 1901043100580411 1910041039800975 SIDEWALK-HYDRAULIC ROAD GREENBRIER DRIVE-SIDEWALK SIDEWALK-BARRACKS ROAD ASPHALT PATH-GEORGETOWN SIDEWALK-FIFTH STREET PARK ROAD EXTENSION ADA COMPLIANCE STUDY LICKINGHOLE CREEK $30,000.00 10,000.00 40,000.00 (13,000.00) (78,000.00) (41,000.00) (65,940.00) TOTAL ($241,150.00) REVENIIE 2901051000510100 2910051000510100 DESCRIPTIO_ __ N FUND BALANCE FUND BALANCE ~O~T ($117,940.00) TOTAL ($241,150.00) Item No. 5.4. Appropriation: Federal and State Drug Seized Assets, $31,434.14 (Form #97057). Periodically, the County receives revenues for assets seized in federal and state drug enforcement actions. The proceeds are utilized for additional law enforcement activities. This appropriation requested approval of the receipts and expenditures for federal and state drug seized assets for the period July 1, 1997 through June 30, 1998. Staff recommended the Board approve Appropriation #97057 in the amount of 431,434.14. By the above shown vote, the Board approved the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 97/98 NUMBER: 97057 FUND: SEIZED ASSETS April 15, 1998 (Regular Night Meeting) Page 4 PLYRPOSE OF APPROPRIATION: AUTHORIZATION FOR EXPEND FEDERAL STATE DRUG SEIZED ASSETS. EXPENDITURE COST CTR/CATEGORY 1123539000580902 1123639000580905 DESCRIPTIO_ __ N FEDERAL DRUG SEIZED ASSETS STATE DRUG SEIZED ASSETS TOTAL AMOUNT. $27,251.04 4,183.10 $31,434.14 2123533000330205 2123624000240403 FEDERAL REVENI3E STATE REVENUE AMOUNT $27,251.04 4,183.10 TOTAL $31,434.14 Item No. 5.5. 1998-99 Scale Adjustment. During the budget work sessions for the 1998-99 budget, the Board reviewed information regarding a one percent scale adjustment to salary scales for the 1998-99 fiscal year in order to keep entry level salaries more competitive. Also contemplated was placing all available salary funds i.e., 2.75 percent) into the merit pool. The effect of this would not be to move everyone one percent and then apply the appropriate merit funds but that the merit funds used would result in at least a one percent increase for every current employee in order to keep them ahead of new employees being hired while, at the same time, raising the scale for purposes of market competitive- ness. The total costs for both schools and local government was projected at approximately $13,000 which can be absorbed within the proposed budget. On Monday, April 6, 1998, the Albemarle County School Board was pre- sented with the same information and gave their support to the one percent scale adjustment subject to the Board of Supervisors' approval as well. Staff recommended that the scale be adjusted one percent, with all available compensation funds being placed into the merit pool at whatever percentage the Board ultimately decides during the budget process. By the above shown vote the Board approved that the scale be adjusted one percent, as recommended by staff. Item No. 5.6. Adopt resolution authorizing County Executive to submit Virginia Community Development Block Grant, Community Organizing Planning Grant Application for Whitewood Village. The Virginia Department of Housing and Community Development administers the federally funded Community Development Block Grant Program (CDBG). These funds are available to .non-entitlement" localities on a competitive basis to implement a wide variety of housing and community development activities. There are two types of grants: (1) Community Improvement Grants (CIG); and (2) Planning Grants. A CIG application was submitted by the County March 27, 1998 for Housing Rehabilitation in the Porters Road/Yancy School Community. Planning Grants do not require public hearings, only an authorizing resolu- tion. During the 1994, 1995, 1996, 1997 and the 1998 CDBG public hearings, the Whitewood Community was identified as a potential targeted neighborhood for a future CIG, possibly a community center. The design of the 1996 CDBG program introduced a new category of planning grants, the Community Organizing Planning Grant (COPG). This grant is intended for neighborhoods that have not already selected a future CIG project, but may need to undergo a process of organizing and visioning in order to select, develop and prioritize an appropriate improvement activity for the future. These types of grants must involve community groups or non-profit groups in organizing neighborhood residents, assessing community strengths and weaknesses, and strategizing for future social and physical improvements. The result of such efforts must be capacity building among future beneficiaries, who will create a vision of their future, using CDBG and other resources. The maximum grant amount is $10,000. 000'19:1. April 15, 1998 (Regular Night Meeting) Page 5 The Whitewood Village apartment complex contains 96 units of Section 8 Moderate Rehabilitation Rental Assistance. The 15-year subsidy contract expires in the year 2002. Depending upon the wishes of the owner of the property and the funding availability of future Section 8 funds, the County may lose these rental units currently serving low-and moderate-income resi- dents. There is no requirement for the owner to continue with rental assis- tance even if it is available. A COPG would create the opportunity for the current residents to plan for their future in cooperation with the current owners. The greater Whitewood Community was the second neighborhood selected for focused activities by the County's Neighborhood Team. MACAA has currently been working with the tenants to organize a Resident Council. Matching contributions include the County's Office of Housing and MACAA staff time, plus a $1000 grant from the County's Neighborhood Team. Staff recommended approval of the attached resolution, which authorizes the County Executive to submit a Community Organizing Planning Grant to the Virginia Department of Housing and Community Development for the Whitewood Village neighborhood in the amount of $10,000. The grant will be subcon- tracted to the Monticello Area Community Action Agency (MACAA). By the above shown vote, the Board adopted the following Resolution: Resolution WHEREAS, the County of Albemarle has long recognized that citizen leadership and involvement is a prerequisite for empowered and self-sufficient neighbor- hoods; and WHEREAS, the County believes that empowered and self-sufficient neighborhoods should be developed and encouraged in all possible ways; and WHEREAS, the County's new Neighbors Team initiative has begun to bring together the various County departments and community agencies that work most frequently to create an organized, coordinated, ongoing process to address neighborhood problems and concerns: and WHEREAS, the neighborhood of Whitewood Village provides 96 units of decent, safe and affordable housing through the Section 8 Moderate Rehabilitation Rental Assistance Program, serving 96 Low and Moderate income households and 237 low and moderate income individuals; and WHEREAS, the Whitewood Village Section 8 Rental Housing Assistance Payments Contract expires in the year 2002 and such expiration could result in the displacement of 96 low and moderate households; and WHEREAS, the Monticello Area Community Action Agency is a member of the County's Neighborhood Team, is experienced in neighborhood organizing, and is partially funded by the County; and WHEREAS, matching contributions include donated County Office of Housing staff time and $1500 of MACA3~ staff time plus a $1000 grant from the County's Neighborhood Team. WHEREAS, the Monticello Area Community Action Agency has agreed to administer a Community Organizing Planning Grant on behalf of Albemarle County, NOW, THEREFORE, BE IT RESOLVED that Robert W. Tucker, Jr., County Executive, is hereby, authorized to sign and submit a Virginia Community Development Block Grant, Community Organizing Planning Grant application for Whitewood Village in the amount of $10,000. Item No. 5.7. Authorize County Executive to execute road agreement for Peter Jefferson Place. Peter Jefferson Place is a "Planned Development" located on the top of Pantops Mountain. It is bordered by State Farm Boulevard, State Route 250 East, Interstate 64 and the Rivanna River. Since its inception the Peter Jefferson Place "concept" has been to create a "campus" type atmosphere that provides multiple points of access yet is otherwise isolated from the sur- rounding road network. April 15, 1998 (Regular Night Meeting) 000192 Page 6 During the development of the Master Plan and plans for the road system it became apparent that the developer, the County, and VDoT could not agree on issues of the overall design "concept" and transportation system philosophies. The disagreements stemmed from the developers' desire to preserve unique design features, the County's vision of the design "concept" and its inter- relationship with the surrounding community, and VDoT road design standards and policies. With the assistance of an outside consultant, hired by the developer, the issues were arbitrated and the attached agreement was developed. This agreement assures and clearly delegates responsibility for the construction of specific road improvements. It clearly establishes the standards and perfor- mance expectations for the construction of improvements and for the actions of each party. The agreement requires the developer to finance and construct roads within the development in accordance with plans approved by the County, to make improvements to Route 250, to contribute to the cost of a traffic signal at the Route 250/State Farm Boulevard intersection, and to make other improve- ments to that intersection. The agreement requires the County to review the plans submitted by the developer and to request, if certain prerequisites are satisfied, that the roads constructed by the developer be accepted into the Secondary System of State Highways. The developer, VDoT, and County staff (County Attorney, Planning and Engineering) have reviewed the agreement and all are satisfied with the provisions. Staff recommended approval of the attached resolution to authorize the County Executive to execute the road agreement. By the above shown vote, the Board adopted the following Resolution: RESOLUTION W~EREAS, the Virginia Department of Transportation, the developer of Peter Jefferson Place and the County desire to enter into an agreement which identifies the responsibilities of the developer in the construction of roads within Peter Jefferson Place and the construction or financial contribution for improvements to existing roads adjacent to Peter Jefferson Place; and identifies the responsibilities of the Virginia Department of Transportation and the County related thereto. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby authorizes Robert W. Tucker, Jr., County Executive, to execute the above-described agreement. Item No. 5.8. Funding for Albemarle County's share towards National Association of Counties (NACo) Telecommunications Defense Fund. Staff received a request from the Virginia Association of Counties to fund a contribution to the National Association of Counties' Telecommunica- tions Defense Fund. This request is made to hire counsel to represent local governments in court and before the Federal Communications Commission to protect the rights and interests of local governments in the areas of cellular tower zoning authority, right-of-way authority, universal service obligations, etc. Albemarle County's contribution, given its population, would fit within the guidelines of a $1,000 contribution, which can be absorbed within existing budgets, if the Board so chooses. Staff recommended the Board approve a donation of $1,000 to the NACo Telecommunications Defense Fund, with such funding to come from existing appropriated resources. By the above shown vote, the Board approved the donation of $1,000 to the NACo Telecommunications Defense Fund, as recommended by staff. Item No. 5.9. Approval of applications for licensure from the Char- lottesville/Albemarle Airport and G. E. Fanuc to operate as non-transport Emergency Medical Services (EMS) agencies. The following organizations request support in obtaining licensure from the Virginia Department of Health office of Emergency Services (VDHO of EMS), April 15, 1998 (Regular Night Meeting) 000193 Page 7 as non-transporting EMS agencies: 1) Charlottesville/Albemarle Regional Airport Fire Department, which requests licensure as a non-transport first Responder agency (Basic Life Support). Basic Life Support means a level of pre-hospital care which includes the recognition of other life-threatening conditions which may result in respiratory and cardiac arrest, and the application of life support functions, including CPR, use of adjunctive techniques and procedures; and 2) G. E. Fanuc, which requests licensure as a non-transport Advanced Life Support (ALS) agency. Emergency medical care will be on site only. Advanced Life Support means a level of pre-hospital care provided by EMS personnel, such as EMT-Shock Trauma Technicians, EMT-Cardiac Technicians and EMT-Paramedics. This level will include basic life support functions, including CPR, plus cardiac monitoring, cardiac defibrillation, intravenous therapy, administration of specific medications, drugs and solutions, and other authorized techniques and procedures. Under the rules and regulations of the VDHO of EMS [§3.6(c) (1)], a statement of need and approval of service operation from the local governing body is needed by the Office of EMS so that they may consider this request. A non-transport First Responder agency will reduce response times from the onset of an injury/illness until the arrival of trained medical personnel who will provide immediate care. These requests have the support of Char- lottesville/Albemarle Rescue Squad (CARS). Staff recommended approval of the requests from the Charlottes- ville/Albemarle Airport and G. E. Fanuc. By the above shown vote, the Board approved applications for licensure from the Charlottesville/Albemarle Airport and G. E. Fanuc to operate as non- transport Emergency Medical Services (EMS) agencies. Item No. 5.10. Copies of Planning Commission minutes for March 17 and MarCh 24, 1998, were received for information. Not Docketted: Ms. Thomas said Mr. Bruce Dotson indicated that he wished to continue serving on the Development Areas Initiatives Steering Committee. The Planning Commission has appointed Mr. Brooker Tyson and reappointed Mr. Pete Anderson to the committee, and she asked whether the Board needed to reappoint Mr. Dotson. Mr. Cilimberg replied, ~Yes." The Board agreed to handle the reappointment under Other Matters. Agenda Item No. 6. SP-97-19. CFW Wireless (Sign #92). Public hearing on a request to construct telecomm facility on 65 acs. Loc on E side of Rt 29 (Monacan Trail Rd) on Britts Mnt. Znd P~A and EC. TM75, Pcls 22&23. Samuel Miller Dist. (Advertised in the Daily Progress on March 30, 1998 and April 6, 1998. Agenda Item No. 7. SP-97-66. CFW Wireless (Signs #28 and29) . Public hearing on a request to construct telecomm facility on 56.6 acs. Loc on E side of Rt 29 (Monacan Trail Rd), approx 0.45 mls S of Rt 805 (Henderson Ln). Znd RA. TM109,P9C. Scottsville Dist. (Advertised in the Daily Progress on March 30, 1998 and April 6, 1998.) Agenda Item No. 8. SP-97-67. CV 142 (Signs $33 and34). Public hearing on a request to install telecomm tower in Bellair Subdivision. Loc on W side of Rt 29 Bypass (Monacan Trl), approx 1/2 ml S of inter of Rts 29 and 250 W (Ivy Rd). Znd Ri (1 du/ac) and EC. TM76C Sec 2 P2. Samuel Miller Dist. (Advertised in the Daily Progress on March 30, 1998 and April 6, 1998.) Mr. Cilimberg said that applications SP-97-19, SP-97-66 and SP-97-67 would all be discussed at the same time. He then summarized the staff's reports, which are on file in the Clerk's office and a permanent part of the record. Staff recommended approval of the three requests, with revised conditions. The Planning Commission, at its meeting on April 7, 1998, approved all three requests, with revised conditions. 000 .94 April 15, 1998 (Regular Night Meeting) Page 8 In the instances of Britts Mountain and Covesville, the towers are at elevations below the mountains in the Open Space Plan. Some critical slopes may be disturbed, but conditions have been put in place to address this. In all three locations, the towers are located in wooded areas, making visibility limited. Mr. Cilimberg provided pictures to the Board of each of the three locations. Since the Commission meeting, a suggestion was made to enhance condition number six, which addresses the luminaires. A third sentence is recommended that states that ~outdoor lighting should be limited to periods of actual maintenance only, so as not to draw attention to that location". The appli- cant had no objections to that change. Regarding the Bellair site, condition number four, Ms. Humphris said it states that ~whip antennas cannot exceed seven inches in diameter". She talked to Mr. Dick Shearer, who said that was a typographical error. It should say ~three (3) inches". Ms. Thomas asked about the length of the antenna, as some applications state six feet, and some state seven feet. She also said the conditions state "a maximum of six antennas are allowed", but the sketches provided only show two antennas. Mr. Dick Shearer, Site Acquisition Coordinator, and Mr. Tom Whittaker, Operations Director, both responded, saying the length of an antenna is six feet, but the metal that attaches to the bottom brings it to seven feet. Ms. Thomas asked if the applicant would need six antennas. Mr. Shearer said that, on the Route 29 Corridor site, the applicant chose to use a mini-cell solution, which is a wooden structure, utilizing two whip antennas. Six panel antennas'would be used if this was a full-blown system. Ms. Thomas noted that the condition could then be changed to state the sites are limited to two fiberglass antennas not to exceed seven feet in height and three inches in diameter. The applicant stated that, to the best of his knowledge, that was correct. Mr. Whittaker said that if the applicant was to change the type of base station to a sectorized type of cell site, it would have six panel antennas six-and-a-half feet tall and eight inches wide. The limitation in regard to this application would be the structural limitation of the wood structure, since it would not likely support six antennas. It is not the applicant's intent to deploy a sectorized six panel antenna cell site. Should a point be reached where additional cell sites were needed, the applicant would add additional, less visible, mini-cell sites. Mr. Shearer distributed a photograph of a whip antenna. They are mounted side by side on poles, with a six-foot separation, with the beam going to the very top of the pole. Ms. Thomas asked if another company could co-locate nearby. Mr. Shearer said another tower being located nearby would not interfere with these towers. Mr. Whittaker said a large steel structure very close might be a problem, but something similar to what is being requested for approval would not. Mr. Marshall opened the public hearings on all three applications. With no one present to speak, the public hearings were closed and the requests were placed before the Board. Mr. Perkins questioned the color of the towers. These are treated poles, which might not be considered natural wood. The applicant said they are treated with salt, not creosote. The color will be green, changing to a tannish gray over time. Mr. Perkins and Ms. Thomas suggested changing the recommended conditions for all applications as follows: number 2a to read, ~The tower shall be of treated wood", number 2c to read in its entirety, ~The tower shall not be painted,u, number 4a to read, ~Antenna shall be limited to two (2) fiberglass antenna, not to exceed seven (7) feet in height or three (3) inches in diameter.", and number 6 should have a sentence added that reads, ~Lighting limited to periods of maintenance only." Motion was offered by Ms. Thomas, seconded by Mr. Bowerman, to approve SP-97-19 subject to the conditions recommended by the Planning Commission, and amended by the Board. April 15, 1998 (Regular Night Meeting) Page 9 000195 AYES: NAYS: Roll was called and the motion carried by the following recorded vote: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. (The conditions are as follow:) The tower height shall not exceed the height of the tallest tree within twenty-five (25) feet of the tower. The applicant shall provide a certified statement on the height of the tallest tree. Antenna may extend seven (7) feet above the height of the tower. Equipment extending above the tower shall not exceed three (3) inches in diameter; The tower shall be designed, constructed and maintained as fol- lows: so The tower shall be of treated wood. Guy wires shall not be permitted; b. The tower shall have no lighting; and c. The tower shall not be painted. The tower shall be located on the site as shown on the attached plan entitled "Tower site for CFW Wireless CV-120" and initialed "WDF 1/29/98"; 4. Antennas may be attached to the tower only as follows: Antenna shall be limited to two (2) fiberglass whip-type antenna, not to exceed seven (7) feet in height or three (3) inches in diameter; and b. Satellite and microwave dish antennas are prohibited. 5o The tower shall be used, or have the potential to be used, for the colocation of other wireless telecommunications providers, as follows: The permittee shall allow wireless telecommunications pro- viders to locate antennas on the tower and equipment on the site, subject to these conditions: Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting to locate on the tower or the site; and The permittee shall provide to the County, upon re- quest, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. 6 o Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the luminaire. For purposes of this condition, a ~luminaire" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Lighting limited to periods of maintenance only; 7 o Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or April 15, 1998 (Regular Night Meeting) Page 10 0001 96 10. utilities, the permittee shall obtain authorization from County staff to remove existing trees on the site. The County staff shall identify' which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by County staff, the permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment building, or the vehicular or utility access; The permittee shall comply with section 5.1.12 of the Zoning Ordinance; The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued; The permittee shall submit a report to the zoning Administrator once per year, by no later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider; 11. Minimum allowable radius for horizontal curvature of the access road shall be forty (40) feet; 12. 13. 14. No slopes associated with construction of the tower and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed; The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; The access road shall disturb no more than seventy-five (75) feet in cross section; 15. No fencing shall be erected; 16. Any equipment located on the ground shall be painted dark green or brown; and 17. Ail lighting shall be shielded from Route 29. Motion was offered by Ms. Thomas, seconded by Mr. Martin, to approve SP-97-66 subject to the conditions recommended by the Planning Commission, and amended by the Board. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. (The conditions are as follow:) The tower height shall not exceed the height of the tallest tree within twenty-five (25) feet of the tower. The applicant shall provide a certified statement on the height of the tallest tree. Antenna may extend seven (7) feet above the height of the tower. Equipment extending above the tower shall not exceed three (3) inches in diameter; 2 o The tower shall be designed, constructed and maintained as fol- lows: The tower shall be of treated wood. Guy wires shall not be permitted; b. The tower shall have no lighting; and c. The tower shall not be painted. April 15, 1998 (Regular Night Meeting) Page 11 3. The tower shall be located on the site as shown on the attached plan entitled "Tower site for CFW Wireless CV-110" and initialed "WDF 1/29/98"; 4. Antennas may be attached to the tower only as follows: Antenna shall be limited to two (2) fiberglass whip-type antenna, not to exceed seven (7) feet in height or three (3) inches in diameter; and b. Satellite and microwave dish antennas are prohibited. 5o The tower shall be used, or have the potential to be used, for the colocation of other wireless telecommunications providers, as follows: so The permittee shall allow wireless telecommunications pro- viders to loCate antennas on the tower and equipment on the site, subject to these conditions: Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting to locate on the tower or the site; and The permittee shall provide to the County, upon re- quest, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. 6 o Each outdoor luminaire shall be fully shielded such that alllight emitted is projected below a horizontal plane runing through the lowest part of the luminaire. For purposes of this condition, a ~luminaire" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Lighting limited to periods of maintenance only; Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from County staff to remove existing trees on the site. The County staff shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by County staff, ther permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment build- ing, or the vehicular or utility access; 8 o The permittee shall comply with section 5.1.12 of the Zoning Ordinance; The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued; 10. The permittee shall submit a report to the Zoning Administrator once per year, by no later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider; 11. Minimum allowable radius for horizontal curvature of the acess road shall be forty (40) feet; 12. No slopes associated with construction of the tower and accessory uses shall be created that are steeper than 2:1 unless retaining April 15, 1998 (Regular Night Meeting) Page 12 13. 14. 000195 walls, revetments, or other stabilization measures acceptable to the County Engineer are employed; The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; The access road shall disturb no more than seventy-five (75) feet in cross section; 15. No fencing shall be erected; and 16. Any equipment located on the ground shall be painted dark green or brown. Motion was offered by Ms. Thomas, seconded by Mr. Martin, to approve SP-97-67 with the conditions recommended by the Planning Commission, and amended by the Board. In addition, there was a typographical error in 4A, which should read, "...three (3) inches in diameter." Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. (The conditions are as follow:) The tower height shall not exceed the height of the tallest tree within twenty-five (25) feet of the tower. The applicant shall provide a certified statement on the height of the tallest tree. Antenna may extend seven (7) feet above the height of the tower. Equipment extending above the tower shall not exceed three (3) inches in diameter; The tower shall be designed, constructed and maintained as fol- lows: The tower shall be of treated wood. Guy wires shall not be permitted; b. The tower shall have no lighting; and c. The tower shall not be painted. The tower shall be located on the site as shown on the attached plan entitled "Tower site for CFW Wireless CV-142" and initialed '~SET 1/15/98"; 4. Antennas may be attached to the tower only as follows: Antenna shall be limited to two (2) fiberglass whip-type antenna, not to exceed seven (7) feet in height or three (3) inches in diameter. The antenna type shall be as shown on a plan titled "611 Mini Cell Site View" initialed "SET 1/15/98"; and b. Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the colocation of other wireless telecommunications providers, as follows: The permittee shall allow wireless telecommunications pro- viders to locate antennas on the tower and equipment on the site, subject to these conditions: Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting to locate on the tower or the site; and April 15, 1998 (Regular Night Meeting) Page 13 000199 6 o 10. 11. 12. 13. 14. 15. The permittee shall provide to the County, upon re- quest, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the luminaire. For purposes of this condition, a "luminaire" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Lighting limited to periods of maintenance only; Prior to beginning construction or installation of the tower, the permittee shall obtain authorization from County staff to remove existing trees on the site. The County staff shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by County staff, the permittee shall not remove existing trees; The permittee shall comply with section 5.1.12 of the Zoning Ordinance; The access road extention shall be of minimum construction and dimension to accommodate service vehicles. Should installation of the tower require provision of greater access improvements, these improvements shall be removed or reduced after installation is completed; The regular service interval shall be as indicated by the appli- cant and described herein, except as necessary for repair and restoration of service; The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued; The permittee shall submit a report to the Zoning Administrator once per year, by not later than July 1 of that year, identifying the users and purposes for which the tower is being used; At least twelve (12) bayberries or native hollies shall be planted around the facility; No fencing shall be erected; and Any equipment on the ground shall be painted dark green or brown. Agenda Item No. 9. ZMA-97-10. The Storage Center (Sign #53). Public hearing on a request to rezone approx 0.948 ac from C-1 to HCi Loc on W side of Rt 29N (Seminole Trl) approx 1/4 ml S of inter w/ Rt 649 (Airport Rd). Access from Rt 29 N. TM32,P37A1. (Property recom for Regional Service in Community of Hollymead in Comp Plan.) Rivanna Dist. (Advertised in the Daily Progress on March 30 and April 6, 1998.) Agenda Item No. 10. ZMA-97-13. Anthony Valente (Sign #62). Public hearing on a request to rezone approx 0.82 acs from C-1 to HC. Loc on W side of Rt 29 N (Seminole Trl) approx 1/4 ml S of inter w/Rt 649 (Airport Rd). Access to property from Rt 29 N. TM32,P37A. (Property recom for Regional Service in the Community of Hollymead in Comp Plan.) Rivanna Dist. Mr. Cilimberg addressed ZMA-97-10 and ZMA-97-13 together, since they are adjacent properties and requested similar zoning. He summarized the staff's reports, which are on file in the Clerk's office and a permanent part of the record. 000 00 April 15, 1998 (Regular Night Meeting) Page 14 Staff recommended approval of both requests with proffers. The Planning Commission, at its meeting on March 3, 198, unanimously recommended approval of both requests, subject to acceptance of the applicant's proffers. Mr. Cilimberg said the rezonings lend themselves better to development. One issue left unresolved, due to fact that the Route 29 plans have not been developed, is that'VDoT is looking at widening existing Route 29 and poten- tially could provide parallel roads on either side of Route 29, combining access to some intersections as crossovers at intersections. He stated that the applicants are aware of this situation and that their properties may be affected by it. Mr. Todd Shields and Mr. Arthur Valente requested approval of the requests as recommended. Mr. Marshall opened the public hearings on these two applications. With no one present to speak, the public hearings were closed and the requests were placed before the Board. Mr. Shields confirmed that the applicants have addressed possible future changes with VDoT. Motion was offered by Mr. Martin, seconded by Ms. Humphris, to approve ZMA-97-10, which rezones the property from C-1 without proffers, to HC with proffers, as approved by the Planning Commission and set out on the Proffer Form dated 4/15/98 and signed by Mr. Christopher Todd Shields. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. (The proffer is as follows:) PROFFER FORM Date: 4/15/98 ZMA%97-10 Tax Map Parcel(s) #32-37A1 0.498 acres to be rezoned from C-1 to HC. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the condi- tions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (1) the front travelway shall be located in general accord wit the travelway identified on the plan submitted under SDP-97-138, dated 12/15/97, and initialed SET and dated 12/15/97, and vehicular access shall be provided to abutting property upon the request of the County of Albemarle. Motion was offered by Mr. Martin, seconded by Ms. Humphris, to approve ZMA-97-13 which rezones the property from C-1 without proffers, to HC with proffers, as approved by the Planning Commission and set out on the Proffer Form dated 4/09/98 and signed by Mr. Anthony D. Valenti and Ms. Mary Katheryn Valenti. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. (The proffers are as follow:) April 15, 1998 (Regular Night Meeting) Page 15 00020 . PROFFE__R FORM Date: 4/9/98 Z~iA~97-13 Tax Map Parcel(s) #32-37A 0.829 acres to be rezoned from C-1 to HC. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the condi- tions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. Tax Map 32 Parcel 37A (the ~parcel") shall hvae one entrance on route 29 North (the "entrance"). The entrance shall provide only ingress onto the parcel. The entrance shall be designed to allow ingress only, and to serve also as the sole entrance from Route 29 North for Tam Map 32 Parcel 4lA. The design and location of the entrance shall be subject to review and approval by the Virginia Department of Transportation and the County. The parcel shall be designed and developed to provide travelways that will connect to, and provide access to and from, Tax Map 32 Parcel 37A1 and Tax Map 32 Parcel 4lA. The design and location of the travelways shall be subject to review and approval by the County. 3 o These proffers shall not be construed to require the closure of the entrance from Tax Map 32 Parcel 4lA onto route 29 North existing on March 3, 1998, or a travelway connection between Tax Map 32 Parcels 37A and 4lA, until such time as a site development plan or a zoning map amendment for Tax Map 32 Parcel 4aA is approved. Agenda Item No. 11. ZMA-98-04. Temporary Charlottesville Catholic School (Signs #52 and 59). Public hearing on a request to rezone approx 2.3 ac from PUD to PUD Commercial to allow existing Atlantic Coast Athletic Club fac to be used as priv school. Located on Four Seasons Dr. TM61X2, P4B. (Property recom for Urban Density Residential [6-34 du/ac] in Neighborhood 1. [SP 98-01 being reviewed concurrently.]) Rio Dist. (Advertised in the Daily Progress on March 30 and April 6, 1998.) Agenda Item No. 12. SP-98-01. Temporary Charlottesville Catholic School (Signs #52 and59). Public hearing on a request to allow existing Atlantic Coast Athletic Club facility to be used as a priv school. Descrip- tion same as ZMA-98-04. (Advertised in the Daily Progress on March 30 and April 6, 1998.) Mr. Bowerman disqualified himself from hearing these requests, because he sold fitness equipment to Mr. Wendell for his private use, and it was in excess of the maximum permitted for a conflict of interest. (Note: Mr. Bowerman left the room at 8:30 p.m.) Mr. Cilimberg read from the staff's reports, which are on file in the Clerk's office and a permanent part of the record. Staff and the Planning Commission recommended acceptance of ZMA-98-04 with proffers and SP-98-01, subject to three conditions. Ms. Thomas asked how the closing of Rio Road will impact this applica- tion. Mr. Cilimberg said that it would not have any effect. Mr. Cilimberg recommended a modification to SP-98-01's condition number two. It should read, "To deal with after school activities, the school's hours of operation shall begin no earlier than 7:30 a.m. and end no later than 6:00 p.m., provided that occasional school-related events may occur after 6:00 p.m." April 15, 1998 (Regular Night Meeting) 000202 Page 16 Ms. Thomas asked about the maximum enrollment figure. Mr. Cilimberg said the conditions were structured around the applicant's proposal. The time and enrollment limits were made because there are not sufficient recreational facilities to support ongoing school activities. If the applicant needs a somewhat higher enrollment figure, it would not be problematic to change the figure. Ms. Humphris asked for clarification of the amended proffers, Attach- ments C and D. Mr. Davis stated that the proffer is only stated in attachment D. For PUD zoning, permitted uses were subject to limitations by proffers. This adds the amended uses Mr. Cilimberg mentioned earlier, as part of the staff's report, including day care and schools to the list of allowable uses. Mr. Cilimberg said at the Commission meeting, it was further defined that the day care center is only an accessory use, as listed in the proffer. Mr. Dick Gibson, representing the applicant, presented a letter from the property owners association supporting the project, and stated that there was a demonstrated need for this project. They have an excellent temporary use of a portion of the facility to provide education and religious activities for children, which will result in less traffic than for the current use of the facility. Mr. Gibson said the enrollment limit is satisfactory, and that he would not expect enrollment to exceed that figure. Mr. Marshall opened the public hearings on the two applications. with no one present to speak, the public hearings were closed and the requests were placed before the Board. Ms. Thomas said the applicant was given one year more than was probably needed. She asked if 180 is a solid enrollment figure. Mr. Gibson replied that it is. Ms. Humphris said she thought the Board should stick with the 180 figure since all the plans were based on it. Motion was offered by Ms. Humphris, seconded by Mr. Thomas, to approve ZMA-98-04 with proffers as approved by the Planning Commission and set out on the Amended Proffer Form, undated and signed by Phil Wendel. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Ms. Humphris and Mr. Marshall. NAYS: None. ABSTAINED: Mr. Bowerman. (The proffers are as follow:) PROFFER FORM Date: (undated) ZMA#98-04 Tax Map Parcel(s) #061X2-00-00-004BO 2.314 acres to be rezoned from PUD to pUD-Commercial/Services. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the condi- tions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. The commercial (C-l) and commercial office (CO) by-right uses permitted on this parcel shall be limited to the following: Commercial §22.2.1 .b.8 Health Spas. §22.2. 1.b. 12 Libraries, Museums. §22.2.1 .b. 13 Nurseries, Day Care Centers; provided that the nursery or day care center is only an accessory use. April 15, 1998 (Regular Night Meeting) Page 17 §22.2.1 .b. 17 OO0203 Electric, Gas, Oil and Communication Facilities excluding Tower Structures and including Poles, Lines, Transformers, Pipes, Meters and Related Facilities for Distribution of Local Service and Owned and Operated by a Public Utility. Water Distribution and Sewage Collection Lines, Pumping Stations and Appurtenances Owned and Operated by the Albemarle County Service Authority. §22.2.1 .b. 18 Public Uses and Buildings including Temporary or Mobile Facilities such as Schools, Offices, Pm'ks, Playgrounds and Roads Funded, Owned or Operated by Local, State or Federal Agencies; Public Water and Sewer Transmission, Main or Trunk Lines, Treatment Facilities, Pumping StatiOns, and the Like, Owned and/or Operated by the Rivanna Water and Sewer Author- ity. §22.2.1.b. 19 Temporary Construction Uses. §22.2.1 .b.24 Indoor Athletic Facilities. Commercial Office. §23.2.1.5 Libraries, Museums. §23.2.1.7 Electric, Gas, Oil and Communication Facilities excluding Tower Structures and including Poles, Lines, Transformers, Pipes, Meters and Related Facilities for Distribution of Local Service and owned and Operated by a Public Utility. Water Distribution and Sewage Collection Lines, Pumping Stations and Appurtenances Owned and Operated by the Albemarle County Service Authority. §23.2.1.8 Public Uses and Buildings including Temporary or Mobile Facilities such as Scltools, Offices, Parks, Playgrounds mid Roads Funded, Owned or Operated by Local, State or Federal Agencies; Public Water and Sewer Transmission, Main or Trunk Lines, TreaUnent Facilities, Pumping Stations, and the Like, Owned and/or Operated by tile Rivanna Water and Sewer Au- thority. §23.2.1.9 Temporary Construction Uses. §23 2.1.12 Daycare, Child or Nursery Facility; provided that the nurs- ery or day care center is only an accessory use. Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve SP-98-01 subject to the three (3) conditions recommended by the Planning Commission, including the change to condition number two, which shall state, "Hours of operation shall be 7:30 a.m. to 6:00 p.m., provided that occasional school-related events may occur after 6:00 p.m." Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Ms. Humphris and Mr. Marshall. NAYS: None. ABSTAINED: Mr. Bowerman. (The conditions are as follow:) 1. Maximum enrollment will be 180 students; 2. Hours of operation shall be 7:30 a.m. to 6:00 p.m., provided that occasional school-related events may occur after 6:00 p.m.; and 3. Site shall not be used as a school after June 30, 2001. (Note: Mr. Bowerman returned at 8:40 p.m.) 000204 April 15, 1998 (Regular Night Meeting) Page 18 Agenda Item No. 13. ZTA-98-01. Violations. Public hearing on a request to amend Chapter 20, Zoning, Article V, Violations and Penalty, Sec 37.0, of the Code of the County of Albemarle. Sec 37.0 will be amended to establish that the failure of a person to correct a zoning violation, ordered to be corrected by the court upon conviction, is a separate offense and subject to additional penalties and other technical changes. (Advertised in the Daily Progress on March 30 and April 6, 1998). Mr. Davis said a couple of years ago a case was decided that addressed whether there could be continuing violations of zoning ordinances. The courts said that that was not enabled, which is what the County's ordinance provided as well. As a result of that case, the General Assembly amended the enabling authority and provided a difference scheme. Now, if someone charged with a zoning violation and continues to be in violation, every 30-day period that they are not in compliance is a separate violation. This provides an incen- tive for people in violation to come into compliance with the zoning ordi- nance. This ordinance incorporates that enabling legislation into the County's ordinance. Mr. Marshall opened the public hearing on this request. With no one present to speak, the public hearing was closed and the matter was placed before the Board. Mr. Bowerman said this is a different matter from a new violation occuring every day, and that this is the most that enabling legislation now allows. Mr. Davis agreed. Motion was offered by Mr. Bowerman, seconded by Ms. Humphris, to adopt an ordinance to amend Chapter 20, zoning, Article V, Violations and Penalty, Sec 37.0, of the Code of the County of Albemarle. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. The ordinance was adopted as follows: ORDINANCE NO. 98-20 (2) AN ORDINANCE TO AMEND CHAPTER 20, ZONING, ARTICLE V, VIOLATIONS AND PENALTY, 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 20, Zoning, article V, Violations and Penalty, of the Code of the County of Alemarle is hereby amended and reordained by amending section 37.0 as follows: By Amending: Chapter 20. Zoning Article V. Violations and Penalty Sec. 37.0 Penalty Chapter 20. Zoning Article V. Violations and Penalty Sec. 37.0 Penalty. Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building on any land in violation of any detailed statement or plan submitted by him and approved under the provisions of this chapter, shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) . If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate 000205 April 15, 1998 (Regular Night Meeting) Page 19 such violation within the time period established by the court shall consti- tute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding thirty (30) day period shall constitute a separate misdemeanor offense for each thirty (30) day period, punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Agenda Item No. 14. SP-97-56. Angus Arrington (Sign #70). Public hearing on a request to expand Class B Home occupation on 4.6 acs. Applicant proposes to add 1 add'l employee. Loc on Rt 842 (Deer Bonn Ln). Znd RA. TMS0,P74C. Rivanna Dist. (Advertised in the Daily Progress on March 30 and April 6, 1998.) Mr. Cilimberg summarized the staff report, which is on file in the Clerk's office and a permanent part of the record. Staff recommended approval of the request subject to conditions. The Planning Commission, at its meeting on April 7, 1998, also recommended approval of this request subject to five conditions. The request is to add one additional employee to a home occupation. The applicant's son no longer resides at the site, but is employed by his father, so he is now considered a second employee. When he is on the site, a viola- tion of a prior condition exists. Approval of the rquest would rectify the situation. Favorable factors from the staff report were mentioned, such as the fact that there will be no increase in traffic and no real change to the appearance of the site anticipated. Mr. Cilimberg said an adjacent owner, Mr. Matthew Perry, is concerned about other violations, and asked that a video tape be shown. Mr. Marshall said the Board did not need to see the video tape, as they had received a copy of Mr. Perry's letter. Ms. Humphris added that she did not want the Board to set a precedent that if people did not want to attend meetings, they could simply send video tapes. Mr. Cilimberg said the Zoning Department had addressed the zoning violations. The Commission decided it was simply a request to permit one more employee to be on site. The applicant, Mr. Angus Arrington, said he would like to change his sOn's status from "resident" to "employee". An unidentified person said they were concerned the son would move back onto the premises, but Mr. Arrington said he did not anticipate this would happen. If it did, there would be two employees plus Mr. Arrington on-site. Mr. Martin said condition number two could be changed to say that not more than two employees could be on-site. The applicant agreed with the proposal. However, if the son should move back onsite, there would then be one employee and two family members. Mr. Arrington could then hire another person. Mr. Cilimberg said this was discussed in the Commisson meeting. At the Commission meeting, the Assistant County Attorney said this wording clarified the situation so that if the son moves back, he is a member of the family residing on the property, but there can always be two eXternal employ- ees. That makes it more flexible. Mr. Marshall opened the public hearing on this request. Mr. James Chapman, who owns adjoining property, said he has no com- plaints, and that Mr. Arrington's operation is not disturbing him. Mr. Bowerman said Mr. Perry's letter says that the four adjoining property owners object. Mr. Chapman said this is not possible, since there are more than four property owners. The public hearing was closed and the matter was placed before the Board. Motion was offered by Mr. Martin, seconded by Mr. Bowerman, to approve SP-97-56, with the conditions recommended by the Planning Commission. Ms. Humphris said Ms. McCulley's memo stated there had been two viola- tions of the conditions of the previous special use permit issued in January, 000206 April 15, 1998 (Regular Night Meeting) Page 20 1997. That concerns her. She hopes there are no more complaints, adding that home occupation status is special, not commercial use. Mr. Marshall agreed, saying the Board will support Ms. McCulley if violations occur in the future. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. NAYS: None. (The conditions are as follow:) The applicant shall have no more than three (3) trucks with gross vehicle weight not to exceed twenty thousand (20,000) pounds per vehicle and three (3) trailers parked on site; Not more than two (2) employees, other than members of the family residing on the property, shall be permitted on site; 3 o No storage of gas, oil, fertilizer, or chemicals on site. No outside storage of equipment, supplies/materials related to landscape business, including trailers noted above. ~Storage" will mean the keeping of more than a five (5)-gallon quantity of material; No repairs of equipment shall be permitted other than routine operational maintenance such as, but not limited to, oil changes, blade replacement, tire changes and belt changes. Operation of equipment in association with routine maintenance is only allowed between the hours of 10:00 a.m. and 8:00 p.m. The on-loading and off-loading of equipment is not deemed to be routine operational maintenance; and 5o Area used to conduct the Home Occupation will not exceed 1,800 square feet. (Note: The Board took up the next two agenda items together.) Agenda Item No. 15. Approve FY 1998-99 County Operating Budget. Agenda Item No. 16. Adopt FY 1998 Tax Rates. Mr. Tucker sumarized the staff's reports on both items. He said the first resolution presented to the Board formally approves the proposed expenditures for FY 1998-99, which are shown by major category or function and total $134,889,551, an increase of $157,569 over the County Executive's recommended budget. The added revenues are shown on in another report, and reflect an additional $11,588 in revenues to the General Fund and $145,981 to the School Fund. County Executive adjustments to the recommended budget in the amount of ($122,202) include $98,946 in savings from the VRS Life rate "holiday" in FY 1998/99, and $23,256 in savings from miscellaneous personnel/operating cost adjustments. General Fund revenue additions total $11,588, and generally reflect additional State salary reimbursements for constitutional officers and staff. Board of Supervisors' funded additions to the recommended budget total $333,528 and reflect the net impact of reducing the employee merit pool from 3 percent to 2.75 percent (a savings of $39,710), as well as a $150,000 increase in the General Fund transfer to the School Division, $112,868 in additional funding for School Debt Service, and $110,370 in General Government funded initiatives (which include the $478 in additional funding for the Shelter for Help in Emergency discussed at the April 8th public hearing). The revised School Division transfer amount for FY 1998/99 is $49,188,488. Total budgeted School Division debt service increases by $112,868 to $7,558,748. School Fund changes include $145,981 in additional State education revenues, which is $34,019 less than the $180,000 in new State funds origi- nally projected during budget worksessions. April 15, 1998 (Resular Nisht Meetins) 000207 Page 21 The aforementioned changes to the County Executive's recommended budget were detailed in a report distributed to the Board. The second resolution presented to the Board, sets the tax levy for the taxable year 1998. The proposed rates are the same as the current year and are set at $0.72/$100 assessed valuation for the real estate tax rate and $4.28/$100 assessed value for the personal property tax rate. Also, included at the end of the budget attachments was a copy of a letter to Mr. David W. Kudravetz in response to the Shelter for Help in Emergency's request for additional funding and some background information on JABA's East Market Street Senior Center should the Board wish to review this program for additional funding. If the Board has no further additions or deletions to the proposed budget, staff requested approval of the two resolutions. Based on comments at the public hearing last week, staff added $478 additional funding to the Shelter for Help in Emergency (SHE). Staff did not add the additional amount requested by the Senior Center. Mr. Tucker provided resolutions for both scenarios, should the Board decide to add the amount to the Senior Center's budget. Mr. Bowerman said the Program Review Committee (PRC) did not recommend giving the Senior Center additional funds, but the City then appropriated its share of $13,680, contingent upon the County's appropriation. Since it fills a need, and as the County's share is small, he would like to include Senior Center funds in the budget since this facility would attract people who might not want to go to the main Senior Center. Mr. Bowerman said next year's share might go up, based on attendance. Mr. Tucker said that the funding share and formula for next year have yet to be worked out. Mr. Bowerman was concerned if others do not participate in the future, the County's burden may grow. Ms. Humphris said she has no problem with the service provided by the Senior Center, but she is concerned about the reasons that led the PRC not to recommend the County spend these funds. Citizens who need the service are caught in'the back and forth battle. She believes second-year funding should be contingent upon documentation that shows a stronger partnership between the Jefferson Area Board for Aging (JABA) and the Senior Center, as well as no duplication of services. She was also concerned about agencies disregarding directives while still expecting the County to continue funding them. Mr. Bowerman said there were good reasons to do this, but that it should not be part of the recommendation. Mr. Tucker said the PRC could look at this request again next year. Ms. Thomas said it would be nice to increase cooperation, coordinate activities and reduce duplication, but this involves many different people who might not be able to coordinate activities. She disagreed that second-year funding should be contingent on such documentation being performed, since that might create extra work to bring together two different populations with health needs, transportation concerns, different food activities, etc. She was also concerned it could create artificial cooperation in areas where coordination is not needed, solely to meet the documentation criteria. Mr. Bowerman said to the extent that the separation is political, it should be removed; to the extent that there are different client needs, it will exist. Mr. Martin said the Board should trust the PRC to make sure there is an upfront appraisal next year. Ms. Thomas said she is impressed with the work the PRC did this year. Mr. Tucker provided an amended resolution which took into account the $4,320 being added to the human development functional area, reducing the Boards reserve by the same amount. Ms. Thomas asked if there was any impact on the amount that the school fund changes by approximately $34,000, less than the $180,000 originally projected. Mr. Tucker said that is what the State had actually funded. The bottom line is the same, since this simply moves money from the reserve into the human development area. Mr. Martin thanked Mr. Tucker for adding the money to SHE, saying that was the most important $478 the Board would spend. 000;208 April 15, 1998 (Regular Night Meeting) Page 22 Ms. Thomas said she appreciated Ms. Roxanne White's letter to SHE which stated that the funding formula was not exactly as expressed by SHE, and that the Board has supported it for years. Motion was offered by Ms. Humphris, seconded by Mr. Martin, to adopt a resolution to approve the operations budget for the County for the fiscal year beginning July 1, 1998, for a total of $134,889,551. Ms. Thomas said she appreciates that staff developed an analysis of the benefits package. The County is in-line with private enterprise, state, county and local governments. Staff would be happy to provide the report to Board if desired. She had thought the Virginia Retirement System would put the County out-of-line, but it does not. Approximately 30 percent of the County's compensation package goes to benefits. Ms. Humphris said this was an excellent budget process this year, with everyone adding to the value of the budget. The Board welcomes the public's questions concerning the budget and wants the public's participation. The public needs to remember that growth costs money, and that increased taxes or assessments are the result of increased growth. Ms. Thomas said the County barely keeps up with inflation when one compares the per-pupil revenue to inflation. Mr. Martin said that there had been a lot of good public participation this year, but this is not a ~us versus them" process. He sees it as County citizens trying to influence the Board as best they can. The Board still has to make its own decision. Mr. Marshall said the Board is trying to be fair. He hopes the public appreciates that. This was the largest budget turnout ever. Mr. Perkins said he would vote approval of the budget, but he has reservations because the County spends everything it has. He hopes to look at creating a reserve fund to cover future unforseen expenditures. Mr. Marshall agreed, adding that the consumer price index was 1.1 percent in February. Salaries this year are based on 1.1 percent, not 2.2 percent, and he is glad to give employees a 2.75 percent raise. Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to adopt the resolution approving the FY 1998-99 County Operating Budget. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. None. RESOLUTION BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the operations budget for the County for the Fiscal year beginning July 1, 1998, be approved as follows: General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation & Culture Community Development Other County/City Revenue Sharing Refunds Capital Improvements General Government Debt Service Education - Operations Education - Self-Sustaining Funds Education - Debt Service Contingency Reserve $ 5,779,233 2,037,519 11,113,901 2,289,742 7,676,132 3,751,919 2,677,699 196,240 5,587,013 81,500 2,062,312 110,688 77,230,946 6,551,046 7,558,748 184,913 TOTAL 134,889,551 April 15, 1998 (Regular Night Meeting) Page 23 OO0209 Motion was then offered by Ms. Humphris, seconded by Ms. Thomas, to adopt a resolution to set the County levy for the taxable year 1998. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. NAYS: None. RESOLUTION BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the taxable year 1998 for General County purposes at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of real estate; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars worth of assessed value of machinery and tools; and at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle County assess and collect on all taxable real estate and all taxable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing business, not taxable by the State on Capital, including Public Service Corporation property except the rolling stock of railroads based upon the assessment fixed by the State Corporation Commission and certified by it to the Board of Supervisors both as to location and valuation; and including all boats and water- craft under five tons as set forth in the Code of Virginia; and vehicles used as mobile homes or offices as set forth in the Virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, Section 58.1-3500 through Section 58.1-3508. Agenda Item No. 17. Approve FY 1998-99/2002-2003 Capital Improvements Program and Adopt FY 1998-99 CIP Budget. Mr. Tucker said on February 18, the Board held a public hearing on the recommended FY 1998/99-FY 2002/03 Capital Improvements Program (CIP), which totaled 447.5 million, and which included 411.1 million in recommended expenditures and revenues for FY 1998/99. There were no public comments. Since that time, the only change that has been made to the recommended CIP is the proposed addition of $112,868 in the budgeted School Division Debt Service for FY 1998/99, which the Board added during its budget work sessions The proposed five-year plan totals $47,546,847, a reduction of $7,310,376 from the Technical Committee's initial recommendation to meet available revenues. This five-year plan is further broken down into four separate funds and a transfer to the General Government Debt Service Fund: $16,049,348 for the General Government Capital Fund, $570,000 for Tourism Fund capital projects, $28,565,099 for the School Division Capital Fund, $220,000 for the Stormwater Capital Fund, and $2,142,400 for General Government Debet Services. The impact of the proposed addition of $112,868 to debt service in FY 1998/99 is that budgeted debt service increases from $7,445,880 to 47,558,748 in FY 1998/99, thereby reducing the amount of debt service reserve used by $112,868 (from 41,123,667 to 41,010,799). These additional debt service reserve funds may be utilized by the School Division to fund future projects in FY 1999-00/2002-03. Staff recommends approval of both the FY 1998-99-2002/2003 CIP and adopt the FY 1998-99 CIP Budget. Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve the FY 1998-1999/2002-03 CIP and adopt FY 1998-99 CIP budget. Ms. Thomas asked whether the County might possibly receive more money from the state for school construction. Mr. Tucker said that if the County April 15, 1998 (Regular Night Meeting> 0002~0 Page 24 did receive additional funds, it would probably use such money as part of their debt service. This would be additional funding that has to be used for actual construction or debt service ,and the County can go back up to five years to utilize that revenue. Ms. Thomas said if it is $200,000 or more, it would be added to the $100,000 that was added in the last budget work session and could actually reach up to $300,000, which is the policy of three percent. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. NAYS: None. April 15, Pa~e 25 0 1998 (Regular Night Meeting) 0002/.1 ~ J J J J JJ ~ April 15, Page 26 1998 (Regular Night Meeting) April 15, 1998 Pa~e 27 (Regular Night Meeting) §o~ g~ 0002~3 ooo2a.4 April 15, 1998 (Regular Night Meeting) Page 28 Agenda Item No. 18. Other Matters not Listed on the Agenda from the Board. Ms. Thomas said some people living on Route 29 South would like to know whether proposed towers are located in Agricultural/Forestal Districts. She asked taff to include that information on all future telecommunications towers requests. Ms. Thomas said the Planning Commission minutes mention a Water Quantity Ordinance. The General Assembly has concluded its session without making an amendment to the opinion. She asked if the Commission is going to work on drafting such an ordinance. Mr. Davis said there is a water quantity provi- sion included in the draft Subdivision Ordinance. There will be additional discussion by the Commission within the next couple of weeks, so there will be an opportunity for both the Commission and the Board of Supervisors to adopt an appropriate ordinance. Ms. Thomas moved that the Board appoint Mr. A. Bruce Dotson to continue serving on the Development Area Initiatives Steeering Committee as a non- Planning Commission member. The motion was seconded by Ms. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Marshall. NAYS: None. Ms. Thomas said she received a letter from the Four Seasons Homeowners Association about work on the roads in that area. Residents are wondering if the road is going to be torn up twice as the result of future projects. Mr. Bowerman said it is not yet known what type of entrance Four Seasons will have from Rio Road, but the entrance will not be substantially improved. Plans for the detention basin cleanout also must be examined. There will be additional water flow from Rio Road after it is improved. Four Seasons residents have asked that all these issUes be discussed and plans coordinated. He did not think the Board needed to get staff to follow up at this time. Mr. Tucker said staff could give an update on the various proposed plans for that area at the May 6 meeting when VDoT is present. Mr. Bowerman added that drainage control device questions also need to be examined. Ms. Thomas said she did a chronology of the Mountain Protection Plan Committee's work. She will have a Clerk copy and send it to the rest of the Board. Mr. Martin said he is upset at seeing litter everywhere in the County. People clean it up and then it gets dirty again. He said the County needs to strengthen its litter polices. People should be able to call the police when they see littering occur, and violators should be punished. Mr. Tucker said litterers can already be reported, but the public does not want to appear in court when such a case is tried. The County should possibly publicize the fact that litterers can be reported, and that the police will take such complaints seriously. This is a significant issue. Mr. Bowerman said that there is no fine if it is a first offense. Mr. Martin said the County could put pressure on citizens. Mr. Marshall said his road frontage is affected by this too, and signs listing the amounts of fines are needed as a deterrent. Mr. Tucker said there is a program funded by the state to keep roads clean. Staff could ask Ms. Cheryl Shelly to address the Board to let it know what the County is doing. He also suggested Ms. Lee Catlin work with her to help improve the situation. Mr. Martin said he wants to see police enforce- ment. Mr. Tucker added that a citizen should not call 911, but instead call the police administration phone number. Mr. Davis said legal problems arise if a police officer investigates a complaint, because they cannot serve a summons if they did not see the violation occur. As it is, a police officer or person who saw the offense Approved by Board Date ~ '~ '~ Initials ~ April 15, 1998 (Regular Night Meeting) Page 29 must go to the Magistrate's Office, swear out a summons, go to court as a witness, and be present for the trial. Mr. Martin said if the police investi- gate the complaint, the complainant only has to show up for court. He said other areas have stressed enforcement and raised public awareness and courts have discretion where fines are concerned. Ms. Thomas suggested a representative from-the police department be present at the May day meeting to discuss this issue. People living near the Ivy Landfill complain, but, in her opinion, that is one of the cleanest roads in the County. She also suggested the County's recycling coordinator be present. Agenda Item No. 19. Adjourn. With no further business before the Board, the meeting was adjourned at 8:35 p.m.