2007-10-03
B OARD OF SUPERVISORS
T E N T A T I V E
OCTOB ER 3, 2007
LANE AU DITORIUM
C OUNTY OFFICE BUILDIN G
1. Call t o Order.
2. Pledge of Allegiance.
3. M om ent of Silence.
4. From t he Board: M att ers Not List ed on t he Agenda.
5. From t he Public: M at t ers Not List ed for Public Hearing on t he Agenda.
6. Consent Agenda (on next sheet).
7. 9:30 a.m. BoardtoBoard, M ont hly Communicat ions Report from School Board, School Board Chairman.
8. 9:45 a.m. Transport ation Mat ters:
a. Prim ary Road Plan Priorities.
b. Advance Mills Bridge Updat e.
c. VDOT M ont hly Report.
d. Transportat ion M att ers not List ed on t he Agenda.
9. 10:45 a.m. – Overview of Jail Program s, Colonel Ronald M at t hews.
10. 11:00 a.m. Case St udy (Avon Park) on Aff ordable Housing Prof fer Policy, Present ation by Jamie Spence.
11. 11:45 a.m. – Thom as Jeff erson Planning Dist rict Comm ission Legislat ive Program , David Blount .
12. 12:00 noon – CIP Process Overview.
13. 12:30 p.m. Closed Session.
14. Cert ify Closed Session.
15. Appointments.
2:00 p.m. – Publi c Hearings:
16. 2008 Budget Am endm ent .
17. ZTA2005009 Densi ty Bonus for Affordabl e Housi ng. Am end Sections 3.1, Def init ions; 12.4.3, Low and
M oderat e Cost Housing; 13.4.3, Low and Moderate Cost Housing; 14.4.3, Low and Moderat e Cost Housing;
15.4.3, Low and Moderate Cost Housing; 16.4.3, Low and M oderat e Cost Housing; 17.4.3 Low and Moderat e
Cost Housing and 18.4.3, Low and M oderat e Cost Housing of Chapt er 18, Zoning, of t he Albem arle Count y
Code. This ordinance would amend Sect ion 3.1 t o add a def init ion of "af fordable housing" and would amend
t he densit y bonus regulations f or af f ordable housing in t he VR, R1, R2, R4, R6, R10 and R15 zoning
dist rict s by changing t he ref erences to such housing f rom "low and m oderat e cost housing" to "aff ordable
housing," by reducing t he percentage of bonus unit s required to be af f ordable f rom 100% to 50% of t he
allowed bonus density, by increasing t he period during which rent al units must rem ain af f ordable f rom 5 t o 10
years, and by est ablishing the minimum requirem ent s for qualif ying prospective purchasers and rent ers and t he
t erm s and conditions of t he af f ordable rent al period.
18. Finance Tax Ordinances:
a. To amend Chapter 1, General Provi si ons, of the Al bemarl e County Code t o increase the penalty
f rom t went y dollars ($20.00) t o t hirt yf ive dollars ($35.00) if a check or ot her m eans of paym ent m ade
t o t he County or any agency t hereof is not paid by t he financial inst itut ion on which it is drawn. The
proposed ef fect ive dat e of t his ordinance is January 1, 2008.
b. To amend Chapter 8, Li censes, of the Albemarle County Code t o clarif y that am ounts received for
mot or fuels t ax are exempt f rom gross receipt s for purposes of the business, professional, and
occupational license (BPOL) t ax, t o revise license provisions for bondsm en, to eliminate the
requirement t hat small loan companies be subject to a license t ax of t wo hundred dollars ($200.00),
and to cap gross receipts on f uel sales by gasoline retailers f or purposes of t heir business,
prof essional, and occupational license (BPOL) t ax. The proposed ef f ect ive date of t his ordinance is
January 1, 2008.
c. To amend Chapter 9, M otor Vehi cl es and Traffic, of the Al bemarle County Code t o exem pt a
public service company having a f leet of at least 2,500 vehicles garaged in the Com monwealt h f rom
being required to display a local mot or vehicle decal or sticker.
d. To amend Chapter 15, Taxation, of the Al bemarle County Code t o decrease the m axim um penalty
f or the lat e remitt ance of t ransient occupancy t ax f rom 30% t o 25% or t he am ount of t he tax,
whichever is less; to decrease t he m axim um penalty f or failure or refusal t o f ile a required transient
occupancy t ax ret urn t o 10% of the t ax assessable or $10.00, whichever is great er; t o make unlawf ul
and punishable as a m isdemeanor any willf ul f ailure or ref usal to file any required transient occupancy
t ax ret urn; t o decrease the m aximum penalty f or the late remit t ance of f ood and beverage t ax f rom
30% t o 25% or the am ount of t he tax, whichever is less; to decrease t he m axim um penalt y f or f ailure
or ref usal t o f ile a required f ood and beverage t ax ret urn to 10% of the t ax assessable or $10.00,
whichever is great er; t o m ake unlawf ul and punishable as a m isdemeanor any willf ul f ailure or ref usal
t o f ile any required f ood and beverage t ax ret urn; and to exclude from being subject t o t he food and
beverage t ax any am ount paid by a purchaser as a mandat ory gratuity or service charge added by a
restaurant in addit ion t o t he sales price t o t he extent that such mandatory grat uity or service charge
does not exceed 20% of the sales price. The proposed ef fect ive dat e of t his ordinance is January 1,
2008.
19. To amend Chapter 15, Taxation, of the Al bemarl e County Code to adjust the eligibilit y requirem ent s f or
t ax relief under Art icle VII , Real Est ate Tax Exempt ion for Cert ain Elderly and Disabled Persons. Specif ically,
t he proposed ordinance amends Section 15702, Def init ions, t o increase t he acreage excluded f rom a
t axpayer’s net worth from five t o t en acres; am ends Section 15704, Persons Eligible for Exempt ion, t o
increase t he tot al com bined incom e eligibility limit for t axpayers from $50,000 to $69,452 and t he net
combined financial worth eligibilit y lim it f or taxpayers f rom $125,000 t o $200,000; and am ends Sect ion 15705,
Am ount of Exempt ion, by increasing t he percentage of real est at e t ax exem pt ed based upon t he am ended
t otal combined income and net com bined financial wort h f act ors. The proposed ef fect ive dat e of t his
ordinance is January 1, 2008.
20. From the Board: C ommittee R eports.
a. Voting Credentials for VACo Annual Bus iness Meeting.
21. Adjourn t o Oct ober 10, 2007, 2:30 p.m.
C O N S E N T A G E N D A
FOR APPR OVAL:
6.1 Approval of M inut es: Novem ber 1, 2006; April 4 and June 20, 2007.
6.2 FY 2007 Appropriat ions.
6.3 Resolution t o accept roads in Chest erf ield Subdivision int o t he St at e Secondary Syst em of Highways.
6.4 Pett y Cash Resolut ion t o Add a Pet t y Cash Fund f or Hollymead Fire Stat ion.
6.5 FY 2007 EndofYear Preliminary Financial Report.
6.6 Cancel public hearing to grant water line easement to the Albemarle County Service Authority across
property owned by the County located on Tax Map Parcel 045B1 necessary for the replacement of a water
line along Clark e Lane in the W oodbrook Subdivision.
FOR IN FORMATION:
6.7 Prof f er M anagement First Quart erly Prof fer Report Cash Proff er Act ivit y.
6.8 Copy of 2007 St at em ent of Assessed Values f or Local Tax Purposes f or Railroads and I nt erst at e Pipeline
Transm ission Com panies as prepared by t he Depart ment of Taxat ion. (on fil e i n Cl erk's offi ce)
6.9 Copy of certif ied 2007 Statements of Assessed Values for elect ric, gas, telecomm unications and wat er
companies for Albem arle Count y, including list ing of M otor Vehicle Carrier com panies subject t o annual Rolling
Stock Tax f or 2007, as prepared by t he St at e Corporat ion Comm ission, Public Service Taxation Division. (on
fi le in Cl erk's offi ce)
6.10 Copy of let ter dated Sept ember 11, 2007, from Ronald L. Higgins, AI CP, Manager of Zoning Adm inist rat ion,
t o Lawrence J. Martin, Trustee, BM C Land Trust , re: OFFICI AL DETERM INATION OF DEVELOPM ENT
RI GHTS Tax Map 30, Parcel 10 (one tax parcel that i s composed of two parcels of record Property
of BMC Land Trust) Section 10.3.1. – White Hall M agi sterial Di strict.
6.11 Copy of lett er dat ed Sept em ber 11, 2007, from Ronald L. Higgins, AI CP, M anager of Zoning Adm inistration,
t o Yellow M ountain LLC, re: OFFI CI AL DETERM INATION OF DEVELOPMENT RIGHTS Tax M ap 70,
Parcel s 31, 32A & 32B (Property of Yel l ow Mountain LLC) Secti on 10.3.1. – Whi te Hal l Magi steri al
Di strict.
6.12 Copy of minutes of the Albemarle County Servic e Authority for April 19, May 24, June 21 and July 19, 2007.
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