2001-01-17January 17, 2001 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors was held on January 17, at 7:00 p.m., Room 241,
County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman; Mr. Lindsay G. Dorrier; Jr., Ms. Charlotte Y. Humphris;
Mr. Charles S. Martin; Mr. Walter F. Perkins, and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County Attorney,
Mr. Larry Davis; Chief of Planning and Community Development, Mr. David Benish; and Senior Deputy
Clerk, Ms. Laurel A. Bentley.
Agenda Item No. 1. The Chairman, Ms. Thomas, called the meeting to order at 7:00 p.m.
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.
There were none.
Agenda Item No. 5. Consent Agenda.
Ms. Humphris offered the motion, seconded by Mr. Martin, to approve items 5.1 through 5.4, and
to accept the remaining items for information. Roll was called and the motion passed by the following
recorded vote:
AYES:
NAYS:
Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins, and Ms. Thomas.
None.
Item No. 5.1. Readopt Resolution Approving the Issuance of Industrial Development Authority
Bonds in an Amount not to Exceed $14,000,000 for The Covenant School, Inc.
By the above-recorded vote, the Board adopted the following Resolution Approving the
Issuance of Industrial Development Authority Bonds in an Amount not to Exceed $14,000,000 for
The Covenant School, Inc.:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
ALBEMARLE COUNTY, VIRGINIA
The Industrial Development Authority of Albemarle County, Virginia ("Authority") has considered the
application of The Covenant School, Inc. ("School") requesting the issuance of the Authority's revenue
bonds in an amount not to exceed $14,000,000 ("Bonds"), to be issued at one time or from time to time to
assist the School in financing and refinancing of the following (collectively, "Plan of Financing"): (1) the
acquisition, construction and equipping of a new upper school for grades 7-12 consisting of approximately
85,000 square feet of classrooms, offices, library, athletic facility and fields and combined
cafeteria/auditorium, together with related utility and infrastructure improvements, to be built on a new 26-
acre campus on Hickory Street near the intersection of Oak Hill Drive and certain other capital
improvements and additions located at the new campus on Hickory Street and (2) amounts required for
reserves, capitalized interest and costs of issuance in connection with the Plan of Financing.
On January 5, 2000, the Board of Supervisors of Albemarle County (the "Board") approved the
Plan of Financing and the issuance of the Bonds upon the recommendation of the Authority after a public
hearing held on December 9, 1999. By Order entered on April 18, 2000 in Case No. CL 99-8127, the
Circuit Court for the County of Albemarle, Virginia, validated the Plan of Financing and the issuance of the
Bonds pursuant to Virginia Code Section 15.2-2654. On December 7, 2000, as evidenced in Record No.
001014, the Supreme Court of Virginia dismissed a petition for appeal of such Order. Accordingly,
pursuant to Virginia Code Section 15.2-2657, the Order validating the Bonds is binding and conclusive.
Since the original public hearing was held more than one year ago, the Authority held a new
hearing on January 9, 2001, as required by Section 147(0 of the Internal Revenue Code of 1986, as
amended ("Code"), and Virginia Code Section 15.2-4906. Section 147(f) of the Code also provides that the
governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any
facility financed with the proceeds of private activity bonds is located must approve the issuance of the
bonds.
The Authority issues its bonds on behalf of Albemarle County, Virginia ("County"); the projects
included in the Plan of Financing are to be located in the County; and the Board constitutes the highest
elected governmental unit of the County.
January 17, 2001 (Regular Night Meeting)
(Page 2)
The Authority has recommended that the Board ratify its previous approval and approve the Plan of
Financing and issuance of the Bonds.
A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be
agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
The Board ratifies in full its approval of January 5, 2000, in providing the following:
1. The Board approves (i) the Plan of Financing and (ii) the issuance of the Bonds pursuant
thereto by the Authority for the benefit of the School, as required by Section 147(f) of the Code and Section
15.2-4906 of the Virginia Code.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the School.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section
5f. 103-2(0(1), this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Item No. 5.2. Set public hearing for February 7, 2001 to adopt Ordinance authorizing Albemarle
County's participation in the James River Alcohol Safety Program.
The executive summary states that since July 1, 1982, Albemarle County has participated in a
regional local Alcohol Safety Action Program with the counties of Fluvanna, Greene, Louisa, and
Nelson, and the City of Charlottesville. This program is run under the direction of the Virginia Alcohol
Safety Program Commission. The local programs are now undergoing a recertification process. As a
result of that process each jurisdiction has been requested to reauthorize its participation and
reestablish a local Policy Board.
The James River ASAP is created pursuant to a shared services agreement authorized by
Section 15.2-1300 of the Code of Virginia. This section requires that the shared services agreement be
approved by ordinance. The attached ordinance has been prepared consistent with the request of the
Executive Director of the James River ASAP.
Staff recommends that the Ordinance (copy on file in the Clerk's office) authorizing Albemarle
County's participation in the James River Alcohol Safety Program be advertised for public hearing and
adoption on February 7, 2001.
By the above-recorded vote, the Board set a public hearing for February 7, 2001.
Item No. 5.3. Appropriation: Allocation of two percent Salary Compression Adjustment,
$305,141.04 (Form #20048).
The executive summary states that the FY 2000-2001 adopted budget included $350,000 for a
two percent salary compression adjustment pool to be used to address competitive shortfalls,
compression, and structural compensation issues for classified and administrative employees.
On September 6, 2000, the Board approved staff recommendations for specific salary
adjustments to address identified compensation issues in the current fiscal year. These
recommendations included market rate adjustments for employees in several departments.
The appropriation transfers $305,141.04 from the two percent Salary Compression Adjustment
pool to the departments that are affected by those identified adjustments in employee compensation. No
additional local funds are needed for this appropriation.
Staff recommends approval of the attached appropriation #20048 in the amount of $305,141.04,
which transfers funds from the two percent salary compression adjustment pool to those department
budgets that are affected by the changes.
By the above shown vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20048
FUND: GENERAL
PURPOSE OF APPROPRIATION: FUNDING FOR SALARY ADJUSTMENTS
January 17, 2001 (Regular Night Meeting)
(Page 3)
EXPENDITURE
CODE DESCRIPTION
1 1000 12010 County Executive
1 1000 12040 County Attorney
1 1000 12200 Information Services
1 1000 13020 Voter Registration
1 1000 21060 Clerk of Circuit Court
1 1000 22010 Commonwealth Attorney
1 1000 31013 Police
1 1000 31020 Sheriff
1 1000 32011 Fire Rescue
1 1000 41000 Engineering
1 1000 43001 Public Works
1 1000 43002 Public Works
1 1000 43003 Public Works
1 1000 53011 VPA
1 1000 53012 VPA
1 1000 53013 VPA
1 1000 53014 VPA
1 1000 53015 VPA
1 1000 81010 Planning
1 1000 81017 E/911-Planning
1 1000 81040 Zoning
1 1000 82030 Soil & Water Conservation
1 1000 31013 Police-Patrol
1 1000 95000 999984 Compensation Adjustment
AMOUNT
$ 468.59
1,302.01
9,236.73
538.35
3,897.00
1,159.25
1,412.90
969.81
1 106.30
14 468.41
1 260.69
2 704.93
5 575.21
3 297.35
3 109.50
35 212.60
8,469.06
1,068.29
24,640.69
2,966.95
3,362.34
1,489.50
177,424.58
(305,141.04)
TOTAL $0.00
REVENUE
CODE DESCRIPTION AMOUNT
TOTAL $0.00
Item No. 5.4. Albemarle County jurisdictional area request for water and sewer service to
proposed Phase 3, TM 78, P 57 (portion of) - Nichols Accountancy Corp. (Fontana Subdivision).
The executive summary states that a public hearing was held April 1, 1998, to consider a request
by Hurt Investment Company (previous owner) for water and sewer service to 119 acres located on Tax
Map 78 Parcel 57 (portion). The subject property is part of Fontana Subdivision, which received preliminary
plat approval on December 19, 1997. It is located on the east side of Route 20 North, north of the Wilton
Subdivision and Garnett Treatment Center, within a designated Development Area (Neighborhood 3).
Phase 3 consists of 43 lots located on the north side of Fontana Drive. The lots are located along
Verona Drive, Montalcino Way, and Treviso Lane. Also, lots 118 and 119 south of Fontana Drive are to be
added to the jurisdictional area. Amendment of the jurisdictional area boundary is required before final
subdivision approval can be granted.
At its April, 1998 meeting, the Board approved the ultimate service area boundaries for water and
sewer service to Fontana Subdivision, as recommended by staff, provided that each section of Fontanna
would be submitted for amendment of the jurisdictional area map and a note be included on all plats
indicating that no public water will be provided on those lots above the 600 foot elevation, which serves as
the service area and development area boundary. Two of the subdivision's lots along the eastern edge of
the property straddle the Development Area boundary, and have both RA and R-4 zoning. Consistency
with County policy permits extension of service only to that portion of these lots lying within the Development
Area.
Phase 3 is located entirely within the Development Area, in the portion of the property zoned R-4,
below the 600-foot contour. Extension of water and sewer service has been approved to the portion of
Fontana subdivision between Route 20 and Phase 3. It is anticipated that requests similar to this one will be
submitted for future phases of the subdivision.
This request is consistent with the Board's April 1, 1998 action approving the ultimate service area
boundaries for water and sewer service to the Fontana Subdivision. With the Board's concurrence, staff will
amend the Jurisdictional Area map to allow provision of water and sewer service to Phase 3 and require
that notes be included on the final plat limiting service to building sites within the designated Development
Area.
By the above shown vote, the Board approved the Albemarle County jurisdictional area
request for water and sewer service to proposed Phase 3, TM 78, P $7 (portion of) - Nichols
Accountancy Corp. (Fontana Subdivision).
January 17, 2001 (Regular Night Meeting)
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Item No. 5.5. Copy of draft minutes of the Planning Commission for December 5, 2000, was
received for information.
Item No. 5.6. 2000 Third Quarter Building Report as prepared by the Department of Planning and
Community Development, was received for information.
Item No. 5.7. Proposed Budget Document Format Revisions, was received for information.
Agenda Item No. 6. SP-2000-59. Glen Echo Barn Access/Stream Piping (Signs #90&91). Public
hearing on a request to allow stream crossing in accord w/Secs 30.3.05.2.1 (2) & (5) of the Zoning Ord.
TM 47, P 3. Property contains 406.18 acs & is located on Glen Echo Farm Rd, off Rt 649, approx 3 mis E
of intersec w/US 29 N. Znd RA. Rivanna Dist. (Advertised in The Daily Progress on January 1 and
8, 2001 .)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. At its January 9, 2001 meeting, the Planning Commission unanimously recommended
approval of SP-2000-59 with two conditions.
Mr. Kurt Gloeckner, representing the applicant, said the graded portion is in the floodplain. Due to
the "neck turn", considerable flooding occurs, and the owner simply improved a crossing that was already
there. By the time Mr. Gloeckner became involved, the concrete culvert was already in place. Banks were
laid back at 4:1 and 5:1 slopes to ensure a gentle approach to the stream for the horses. Extra material
was taken out of the floodplain, new pasture was prepared, and timber was cut.
Ms. Thomas opened the public hearing.
With no one rising to speak, Ms. Thomas closed the public hearing.
Mr. Martin said he had met with the property owner, who said he did not realize he had violated any
regulations. He added that he believes the work that was done is an improvement to thoroughbred horse
farming in the area.
Mr. Martin offered the motion, seconded by Ms. Humphris, to approve SP-2000-59, Glen Echo
Barn Access/Stream Piping, with the two conditions recommended by the Planning Commission. Roll was
called and the motion passed by the following recorded vote:
AYES:
NAYS:
Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins, and Ms. Thomas.
None.
Conditions are as follow:
1)
Within four (4) months of the approval of this permit, the applicant must demonstrate to the
Engineering Department that the barn access road embankments have been adequately
stabilized to prevent erosion and sedimentation downstream; and
2)
The County shall have the right, after providing reasonable prior notice to the occupant, to
enter the property during daylight hours for the purpose of inspecting this stream crossing
in order to verify that no additional fill has been placed in the floodway and the stream
crossing remains stable.
Agenda Item No. 7. SP-2000-65. Andy Spratt (Signs #67&68). Public hearing on a request to
allow home occupation to design health education videotapes in accord w/Sec 10.2.2.31 of the Zoning Ord.
TM 87, P 50. Property contains 2.959 acs & is located on Burton Rd (Rt711) approx 250' from the intersec
of Rt 29 & Burton Rd-Rt 711. Samuel Miller Dist. (Advertised in The Daily Progress on January 1 and 8,
2001 .)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. At its December 12, 2000 meeting, the Planning Commission unanimously recommended
approval of SP-2000-65 with four conditions.
As the applicant was not present, Ms. Thomas opened the public hearing.
With no one rising to speak, Ms. Thomas closed the public hearing.
Ms. Humphris asked why the business has daily UPS deliveries. Mr. Benish said he did not know,
but speculated that the applicant received manuscripts and cassettes on a regular basis.
Ms. Humphris offered the motion, seconded by Mr. Bowerman, to approve SP-2000-65,
Andy Spratt, with the four conditions recommended by the Planning Commission. Roll was called and the
January 17, 2001 (Regular Night Meeting)
(Page 5)
motion passed by the following recorded vote:
AYES: Mr. Bowerman, Mr. Dorrier, Ms. Humphris, Mr. Martin, Mr. Perkins, and Ms. Thomas.
NAYS: None.
Conditions are as follow:
1. Not more than two (2) employees except for family members who reside on site;
2. The home occupation shall be limited to the second level of the garage, which is
approximately five hundred (500) square feet;
3. No signs for the business shall be posted on the property; and,
4. Use shall comply with the following provisions of Section 4.14 of the Albemarle County
Zoning Ordinance.
(Note: The applicant entered the room at 7:13 p.m. and advised the Board, in response to its
question, that he receives and sends daily shipments of cassettes and videotapes.)
Agenda Item No. 8. Other Matters Not Listed on the Agenda from the Board.
There were none.
Agenda Item No. 9. Adjourn.
With no further business to come before the Board, the Ms. Thomas adjourned the meeting at 7:15
Chairman
Approved by Board
Date
Initials