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HomeMy WebLinkAbout1994-10-12October 12, 1994 (Regular Night Meeting) Page 1 000159 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 12, 1994, at 7:00 p.m., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. ~umphris, Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: Mr. Forrest R. Marshall, Jr. and Mr. Charles S. Martin. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, Larry W. Davis; and, Director of Planning and Community Development, V. Wayne Cilimberg. Agenda Item No. 1. Call to order. The meeting was ca.!led to order at 7:02 p.m., by the Chairman, Mr. Perkins. 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. Mrs. Humphris made motion, seconded by Mrs. Thomas, to approve items 5.1 and 5.la, and to accept items 5.2 through 5.4 for information. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. Item 5.1. Resolution: Millington Bridge Project, was approved by the above recorded vote as set out in the minutes of October 5, 1994. Item 5.la. Statements of Expenses for the Department of Finance, Sheriff, Commonwealth's Attorney, Regional Jail and Clerk, Circuit Court, for the month of September, 1994, were approved by the above recorded vote. Item 5.2. Notice of an application filed by Virginia Electric and Power Company with the State Corporation Commission to revise its fuel factor pursuant to Virginia Code Section 56-249.6, was accepted for information. Item 5.3. Notice of an application filed by Appalachian Power Company with the State Corporation Commission for a decrease in electric rates, was accepted for information. Item 5.4. Letter dated October 5, 1994, from Mr. D. S. Roosevelt, Resident Engineer, to Mr. Walter F. Perkins, Chairman, re: Revenue Sharing Funds, was accepted for information as follows: "This is to advise that Albemarle County's request for revenue sharing funds for the 1994-95 fiscal year has been approved by the Commonwealth Transportation Board. Funding approval is in the amount of $412,000." (The following two agenda items were heard concurrently.) Agenda Item No. 6. Public Hearing on an Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(e) of the Code of Albemarle known as the "Keswick Agricultural/Forestal District." This amendment will add 320.521 ac located off Rt 612 & Rt 22 to the existing district. Rivanna Dist. (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Cilimberg summarized the staff reports which are on file in the Clerk's office and a part of the permanent records of the Board. The addition to the Keswick Agricultural/Forestal District consists of six parcels. Two parcels are located off State Route 612; four parcels are located on State Route 22 at Keswick. The addition consists of 320.521 acres. The Agricultur- al/Forestal District Advisory Committee, at its meeting on September 12, 1994, unanimously recommended that the addition to the Keswick Agricultural/Forestal District be approved as submitted. Agenda Item No. 7. Public Hearing on an Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(e) of the Code of Albemarle known as the "Keswick Agricultural/Forestal District" to extend the life of the district for an additional ten years. The district consists of 6064 ac located on both sides of Rt 22 and also on Rts 612, 616 & 648. October 12, 1994 (Regular Night Meeting) Page 2 000:1.60 Rivanna Dist. 3, 1994.) (Advertised in the Daily Progress on September 26 and October The Keswick Agricultural/Forestal District is located on both sides of State Route 22 between Keswick and Cismont; also on State Routes 612, 648 and 616. Two parcels on State Route 610 are being withdrawn. The area being reviewed consists of 6,063.810 acres in 44 parcels. The area being withdrawn consists of 86.74 acres. The Agricultural/Forestal District Advisory Commit- tee, at its meeting on September 12, 1994, unanimously recommended that the Keswick District be continued for an additional ten-year time period. Mr. Cilimberg said there is also a request from the owner of Tax Map 80, Parcel 176, to allow the subdivision of 5.25 acres leaving 92.56 acres with the farm parcel. The main house and one dwelling exist on the proposed parcel; land use will not change. The Board is'being-asked tO determine if this subdivision meets the intent of the Agricultural/Forestal District Ordinance. The Agricultural/Forestal District Advisory Committee, at its meeting on September 12, 1994, recommended unanimously that the subdivision be permitted within the Keswick Agricultural/Forestal District. The Committee noted that no change in land use was proposed. The public hearing was opened at 7:08 p.m. There being no comments from the public, the public hearing was closed. Mrs. Humphris made motion, seconded by Mrs. Thomas, to adopt an Ordinance to amend Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(e) of the Code of Albemarle known as the Keswick Agricultural/Forestal District to add 320.521 acres to the existing district, to allow the withdrawal of Tax Map 64, Parcels 2 and 2k, and to extend the life of the district for an additional ten years. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1.4, DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1.4(e), Keswick Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. (e) The district known as the "Keswick Agricultural and Forestal District" consists of the following described properties: Tax map 63, parcels 24, 39, 39A, 39B, 40, 42A, 43; tax map 64, parcels 5, 7, 7A, 8, 8A, 9, 10A, 10B, 10C, 10D, 12, 13, 13A, 14; tax map 65, parcel 13; tax map 79, parcels 46, 46A; tax map 80, parcels 1, 2, 2A, 3Al, 3G, 3H, 3I, 4, 61D, 88, l14A, 115, 164, 169, 169A, 174, 176, 182, 182A, 183, 183A, 190, 192, 194; tax map 81, parcels 1, 63. This ordinance shall be reviewed no more than ten (10) years from September 3, 1994. Mrs. Thomas then made motion, seconded Mr. Humphris, to approve a request to subdivide 5.25 acres, Tax Map 80, Parcel 176, leaving 92.56 acres with the farm parcel, with both parcels to remain in the Keswick Agricultural/Forestal District, in accordance with Section 15.1-1511D of the Code of Virginia. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. (The followin9 two agenda items were heard concurrently.) Agenda Item No. 8. Public Hearing on an Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4{f) of the Code of Albemarle known as the "Kinloch Agricultural/Forestal District." This amendment will add 393.160 acres located on east side of Rt 231. Rivanna Dist. (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Cilimberg summarized the staff reports which are on file in the Clerk's office and a part of the permanent records of the Board. The addition to the Kinloch Agricultural/Forestal District is located on the east side of Route 231 just south of Cash's Corner and consists of 393.160 acres in one parcel. The time period for the addition will be the same as for the original district. The Agricultural/Forestal District Advisory Committee, at its October 12, 1994 (Regular Night Meeting) Page 3 000 .62 meeting on September 12, 1994, unanimouSly recommended that the addition to Kinloch be approved as submitted Agenda Item No. 9. Public Hearing on an Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(f) of the Code of Albemarle known as the "Kinloch Agricultural/Forestal District" to extend the life of the district for an additional ten years. The district consists of 1685 ac located on both sides of Rt 231 and also on Rts 22, 640, 740 & 783. Rivanna Dist. (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Cilimber9 said the Kinloch District is located on both sides of State Route 231 between Cismont and Cash's Corner; also on Sta~e Routes 22, 640, 740 and 783. The area being reviewed consists of 1,684.960 acres in 25 parcels. The Agricultural/Forestal Districts Advisory Committee, at its meeting on September 12, 1994, unanimously recommended that the Kinloch District be continued for a ten-year time period. The public hearing was opened at 7:14 p.m. There being no comments from the public, the public hearing was closed. Mrs. Humphris made motion, seconded by Mrs. Thomas, to adopt an Ordinance to amend Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(f) of the Code of Albemarle known as the Kinloch Agricultural/Forestal District, to add 393.160 acres and to extend the life of the district for an additional ten years from September 3, 1994. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1.4, DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1.4(f), Kinloch Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. (f) The district known as the "Kinloch Agricultural and Forestal District" consists of the following described properties: Tax map 65, parcels 7, 7A, 8, 84A, 86, 89, 90, 91, 9lA, 92, 93, 93A, 93A1, 94, 94A, 100, 121, 12lA; tax map 66, parcels 2, 3A, 3C, 32, 32D, 32E, 34 (Albemarle part only), 34B. This ordinance shall be reviewed no more than ten (10) years from September 3, 1994. Agenda Item No. 10. Public Hearing on an Ordinance to amend and reordain Chapter 10, Health and Sanitation, of the Code of Albemarle, Virginia, to add Section 10-21, requiring a county fee for filing an application for a permit to construct a well ($50.00) or on-site septic system for new or expanded use ($100.00). The language also sets forth certain exemptions from the fees proposed. (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Tucker said during Fiscal Year 1994-95 budget work sessions, the Board approved the implementation of the well and septic system application fees to offset projected increases in the Health Department's budget caused by increased utility costs for the enlarged clinic, a five percent cut in state funding, and state-mandated salary increases for all employees. Rather than cut or reduce health and dental benefits to those in need, particularly in the children's programs, Dr. Susan McLeod, Director of the Thomas Jefferson Health District, proposed the fee as a way of placing the cost of these permits on those who directly benefit from the environmental review and permitting process. As noted during budget discussions, with approximately 320 applications per year, a combined $150 fee will generate projected revenues of $52,000. A $150 fee will recover only 30 per cent of the costs of issuing a combined septic and well permit, which is estimated to actually be $500. The proposed ordinance will implement County on-site and septic system application fees in the amount of $100 for the construction of a new septic system and $50 for a new well. Exempted from the fees will be any property owners whose incomes are below 100 per cent of the poverty level, repairs on existing septic system for the same usage, or for failing wells that are properly abandoned. The proposed fees are in the moderate range when compared to local fees in other jurisdictions, which range from a iow of $25 in Nelson County to a high October 12, 1994 (Regular Night Meeting) Page 4 000 62 of $392 in Loudoun County. Comparing thirteen localities that have implement- ed combined septic and well permit fees, the average fee is $178. Based on the Board's support for the proposed on-site well and septic system permit fees during prior budget work sessions, staff recommends that the Board adopt the proposed Ordinance as advertised. At 7:16 p.m., the public hearing was opened. Mr. Bob Watson, representing the Blue Ridge Homebuilders Association, said the Association is supportive of user fees and feels application fees are a form of user fees. There are, however, some problems with this particular fee. The present state fee is $40 for a well and $75 for a septic system. If the new County fee of $50 for a well and $100 for a septic system is added, that is an increase of over 100 per cent. It is his understanding that this has come about as a result of state Cut-backs in funding; however, he also understands that fees are split between the state Health Department and the County at approximately a 50/50 rate. If this is the case, the County will receive a total of $207.50 ($57.50 from the state fee and $150.00 from the proposed fee). This is more than a 100 per cent increase. The Association would like everyone to understand what this does to the cost of housing. This fee is one of many regulatory increases that constantly drives housing costs beyond the inflationary rate. The Association hopes that the proper analysis was done to explore the efficiency of these dollars. He asked if the public is getting its monies worth or is one more fee simply being added. He also asked if new internal efficiencies in both the County Engineering Department and the state Health Department overshadow these state funding cuts. He asked that the Board either vote against the fee increases or, defer voting and ask for more analysis as to why any increase is necessary. There being no further comments from the public, the public hearing was closed at 7:20 p.m. Mrs. Humphris said the information staff provided fully supported the fact that given the lack of funding from the state and the deficit that was going to occur, there was hardly an alternative but to get dollars from somewhere. She understands what Mr. Watson has stated, but such a fee is bound to raise the cost of a house requiring such a permit, but logically the County will still be absorbing a large part of the cost of the permit. The taxpayers, in general, will still be supporting the construction of that house that requires the permitting. She does not see any other logical way than that the person receiving the benefit pay the cost. Mrs. Thomas said the taxpayers will still be paying 70 per cent and she thinks this is logical because it is a public health and safety need that wells and septic systems be analyzed and pass tests. She also thinks the landowner paying 30 per cent is a reasonable requirement. Mr. Tucker said even though the County is receiving the fee, it is basically to offset additional costs in the Health Department and is not for County coffers. There is a shortfall in the Health Department's budget request and this is one way to make up for that shortfall. The Department had cuts in staff, but there were also mandated increases in salaries. Another problem is the delay in the Health Department being able to meet the demands for well and septic system approvals. He understands the concerns of Blue Ridge Homebuilders Association but this is a user fee and the individual benefits by receiving safe drinking water. Mrs. Humphris said the fact that only 30 per cent of the cost will be recovered is significant. She then made motion, which was seconded by Mr. Bowerman, to adopt an Ordinance to amend and reordain Chapter 10, Health and Sanitation, of the Code of Albemarle, Virginia, to add Article IV, Section 10- 21, requiring a county fee for filing an application for a permit to construct a well ($50.00) or on-site septic system for new or expanded use ($100.00) readings as follows. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. A/~ ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, HEALTH AND S/~NITA- TION, 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 10, Health and Sanitation, is hereby amended and reordained by adding Article IV, Individual Wells and Septic Systems, Section 10-21, On-site well and septic system application fee; exemptions, as follows: Article IV. Individual Wells and Septic Systems Sec. 10-21. On-site well and septic system application fee; exemptions. (a) In addition to the Health Department fee established by state code, there shall be a county fee for filing an application for a permit to construct a well or on-site septic system for new or expanded use, as follows: October 12, 1994 (Regular Night Meeting) Page 5 O00:LG3 (i) Septic system: $100.00 (2) Well: $50.00 (b) Property owners whose incomes are less than one hundred (100) percent of the established federal poverty guidelines, as determined by the health department, shall be exempt from the payment of these fees. (c) Property owners with failing wells and septic systems shall be exempt from payment of these fees for applications to construct a replacement well when the failing well is properly abandoned or to repair a septic system for the same usage. Construction of supplemental wells or expanded-use septic systems do not qualify for this exemption. (d) Property owners who are exempt from payment of the state fee by virtue of having a certification letter for the property issued within the previous eighteen (18) months shall not be exempted from payment of the county fee. Agenda Item No. 11. Public Hearing on a request to amend the service area boundaries of the Albemarle County Service Authority to include Oak Knoll Subdivision south of Route 250 West in the Ivy area for water service only to existing structure(s). (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and a part of the permanent records of the Board. The Board, at its September 21, 1994, meeting set this public hearing to consider extending water service to all existing structures in the Oak Knoll Subdivision based on the general groundwater problems in that area and the information provided by Mr. Bill Brent in his September 19, 1994, letter (on file). Mr. Cilimberg said in consideration of the particular groundwater condi- tions in this area and the previous allowance of water service to nearby subdivisions, staff can support amending the service area boundaries of the Albemarle County Service Authority to extend water service only to existing structures in Oak Knoll Subdivision (Tax Map 59, Parcels 12F, 12F1, 12F2 and 12F4; 12F3 does not have a structure). The effect of the amendment to the intent of the Comprehensive Plan is minimal and no additional development will result from such change. Mr. Bowerman asked it is logical to assume that the lots that do not have existing dwellings on them, if and when they are developed, will undoubtedly experience water problems at some time. Mr. Cilimberg said there is only one lot left and it is hard to say because he does not know the particulars of that lot. With the general knowledge of what has happened at Oak Knoll Subdivision, it could happen. Mrs. Thomas said if there is water there and this is one lot without development, is this Board in any danger of allowing that lot to be subdivid- ed. Mr. Cilimberg said he has researched this and found that all development rights have been used. Mrs. Thomas asked what difference it would make to use a "water only" designation instead of water only to "existing structures." Mr. Cilimberg said if all five parcels were designated for water only, the parcels would be able to utilize water to any users within those lots, including new develop- ment that might occur. Mr. Tucker said it would afford that individual, where there is currently no structure, to have a hookup to public water. Otherwise, the individual would have to request the same designation of water only to existing structures from this Board. Mrs. Thomas asked if the possibility of greater density would be added. Mr. Tucker said "no." Mr. Cilimberg asked Mr. Davis if there is a conflict with the advertise- ment because the advertisement stated "water only to existing structures." Mrs. Thomas said she does not want the process to be slowed. Mr. Cilimberg said the Board can take action tonight and consider the additional lot as another action at the next Board meeting. Mr. Davis said if the Board were to approve the use without the inclusion of the words "existing structures," the action would be a more intensive use since it was advertised for "existing structures only." He feels it would have to be readvertised to include that lot. Mr. Bowerman said he would prefer to approve the request as advertised and let the owner of the vacant lot bring a request forward to this Board at the appropriate time. The public hearing was opened at 7:32 p.m. There being no comments from the public, the public hearing was closed. Mrs. Thomas made motion, seconded by Mr. Bowerman, to approve the request to amend the service area boundaries of the Albemarle County Service Authority to include Oak Knoll Subdivision (Tax Map 59, Parcels 12F, 12Fl, 12F2 and 12F4) for water service only to existing structure(s) because of public health and safety reasons. Roll was called and the motion carried by the following recorded vote: October 12, 1994 (Regular Night Meeting) Page 6 AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. 000164 Agenda Item No. 12. Public Hearing to solicit comments on community needs and priorities for the Fiscal Year 1995-96 operating budget. (Advertised in the Daily Progress on October 2, 1994.) Mr. Tucker said this hearing provides an opportunity for the public to provide comments on community needs and priorities to both the Board and staff prior to the development of the FY 1995-96 operating budget. Although there will be a public hearing held on the County Executive's recommended budget, several citizen groups felt an opportunity should be afforded to the public to speak before the budget is even prepared. Mr. Tucker said the information presented by the public, as well as Board comments and priorities, will be utilized by staff in the development of the needs and p~iorities in the FY 1995-96 budget. The public hearing was opened at 7:35 p.m. Ms. Sue Likowski, member of Western Albemarle High School (WAHS) Planning Team, ~sked that the Board take note of a request for capital improvements at WAHS in the forthcoming budget. The Planning Team has been charged with the goal of trying to improve community relations between WAHS and the Crozet, White Hall and Scottsville areas. The Team sought input from the community and found that some of the building facilities are not conducive to the community. This prevents them from wanting to use the facility (i.e., the auditorium has no public address system, the track needs resurfacing, the baseball field is not readily accessible, the football field does not have any turf, etc.). These are things the School Board considers "want" needs, but more necessary needs were met (i.e., the traffic crossing to shuttle students to and from both schools). This Board seems to want to build up the community areas and the Team is worried that when the new high school is built it will be a state-of-the-art facility and WA~S does not want to become the "poor rural cousin." The Team feels if a few dollars are spent now, it will prevent a number of dollars from having to be spent in the future. Mr. Bowerman asked if any of the items Ms. Likowski mentioned have been in the Capital Improvements Program (CIP). Mr. Tucker said some have. He was surprised to hear that the track resurfacing had not been done. Mr. Ed Jones, Chairman of Jefferson Area Board on Aging (JABA), said at a public meeting held at the Senior Center approximately two weeks ago, there was a request from Esmont that the Meal Site Center be extended from two days to three days per week. Ms. Monica Vaughan, representing Thomas Jefferson Regional Sustainability Council, said the Council is composed of a diverse group of people from within the Thomas Jefferson Planning District. Over this past year, the Council has worked hard to define the meaning of "sustainability." This has been done through internal meetings and input from the public. The Council tried to establish a set of goals and objectives that are Clearly defined so the community can know how sustainability can be achieved. Her purpose is to state that funding is a necessity and the Sustainability Council needs funding. When this Board reviews its operating budget, she hopes it will review the formal request that will come from the Sustainability Council and view it as a priority because being sustainable is vital, valuable and worth- while. Mr. Jim Howe, PTO President at Broadus Wood Elementary School, said he would like to request the Board's continued support of the public educational system in Albemarle County. He would like the Supervisors to make increasing the school budget a high priority this year as it did last year. A long-term view needs to be taken of this resource putting as much into it as possible. Schools occupy 60 per cent of the budget at present. He thinks this is money well-invested and a long-term investment will benefit the County for many years to come. He asked that when the School Board comes to the Board with unfunded priorities, the Supervisors consider these requests and fund as many of these programs as possible. Mr. Franklin Clark, teacher at Henley Middle School and President of the Albemarle Education Association, said they are pleased, as teachers and support personnel, with the Supervisor's support of the School Board and its focus on curriculum. The Association is pleased with the direction of the County Executive and Acting Superintendent to implement a true quality improvement program. This recognizes teachers as partners. Mr. Clark said he is present to ask for the Board's continued support of the teachers, adminis- trators and support personnel. The Board is at the point that by an assertive act and with the cooperation of the School Board, it can recognize what quality means in learning. He was discouraged to read the Charlottesville Observer's publication of teacher salaries. Teachers believe that this will have an impact on their pupils. Teachers also believe that no matter what the prejudices of the society may be in a given era, individuals should be judged only on their own merit. He asked for the Board's continued support of teachers, administrators, bus drivers, aides, cafeteria workers and all the many people supporting the Albemarle County school system. October 12, 1994 (Regular Night Meeting) Page 7 Ms. Pam Moran, Principal at Stony Point Elementary School and Chair of the Albemarle Principal's Association, said she would like to convey appreciation of this Board's support for the increase from 80 to 85 per cent of the employee insurance benefits. She also reiterated what Mr. Clark said regard- ing Mr. Tucker's leadership. For the first time, County government and school division staff have been brought together to engage in thinking about quality improvements in both. The principals recognize three budget areas which are important to the continued growth and ability ~o maintain County schools with some comparability with other divisions in an attempt to recruit staff: (1) technology - the ability to stay abreast with technology; (2) long range plan for salary and benefits - this plan allows Albemarle County to stay abreast with school divisions with whom Albemarle competes for staff; and (3) imple- mentation of the staffing ratio plan for the school division. She asked for continued support of the schools Ms. Connie Wenger, parent of two children, ~one attending Meriwether Lewis Elementary School and one attending Henley Middle School, said she is support- ive of the educational system and would like t© see: adequate aide support so teachers may do their job of teaching; foreign languages, beginning in the primary grades; restoring funding to central office staffing so teachers do not have to pick up extra duties; approval of recommendations by parent and teacher committees; and a budget providing well-rounded education for all students. Resources are strained and needs are great in this current time. There are a growing number of children who are raising themselves for better or worse. When the family unit is such that no nurturing is being done at home, the schools have to do this. Each time a child is lost in the educa- tional system, some other governmental agency must "pick up the tab." It is imperative that schools have the resources to develop the potential of every pupil. Solid education is the most cost-effective way to groom the productive society. Ms. Wenger said she is also the PTO President at Meriwether Lewis Elementary School and invited the Board to an open house being held on Election Day at the School. Parents and students will conduct tours of the school. The event is open to the public. Mr. Bob Watson, representing the Blue Ridge Homeowners Association, said one of the Association's paramount goals is the continuation of the quest for affordable housing. The earlier item regarding well and septic fees will affect affordable housing to a degree. The Association wants to continue to help the Board experience internal efficiencies and restructuring and recog- nize the many roadblocks a builder or developer faces when dealing with County government which are not of an ordinance or regulatory nature. Recently, the County Attorney, attended an Association meeting to discuss various processes. Mr. Huff also attended one of the Association's meetings. This gives the Association an opportunity to state roadblocks and find out what can be done to alleviate or improve these problems. Ms. Catherine Carr, Vice-President of Murray Elementary PTO, thanked the Board for being so supportive of education. She urged a continuous focus in that arena. Student enrollments this year are indicative of the continued need for adequate support, particularly as to the student/teacher ratios and adequate tools including technology in the classroom. Ms. Sally Howe, parent of first and fifth graders at Broadus Wood, said the school budget comprises 64 plus percent, plus the debt service, of the total County budget. This suggests to her that the budget is not big enough. She has lived in California, Pennsylvania and Pittsburgh and those school systems offered a lot more (i.e., foreign languages, computer classes, art classes by a certified art instructor, etc.)She feels that in order for Albemarle County to compete, it must get "on a par" with other school systems, not just in Virginia, but in the nation. She feels taxes in Albemarle are low and wonders if there is enough revenue. She asked if there is a possibility of earmarking a specific tax for the schools. Transportation costs are extremely high in Albemarle County and she asked if staff could review this because there are many half-empty school buSes and she feels that a lot of frequent, unnecessary stops are made. At 8:00 p.m., with no further comments from the public, the public hearing was closed. Mrs. Humphris said Ms. Howe asked a question about earmarking a tax for the schools. In Virginia, no special tax is allowed to be earmarked for education. This is the basis for the County's problems because the heaviest burden is placed on real estate/personal property taxes. Although there are a lot of wealthy people in Albemarle County, the County does not have the ability to tax people on their ability to pay, but only on the value of their property. Mr. Perkins said technology was mentioned tonight. He heard on the radio that the federal government spends $25 billion per year on computers, yet there are agencies in the government that are still working with some of the first vacuum-tube computers. The government is trying to get that cycle of machines moved and he feels this is something the County has to do. Mr. Tucker said Ms. Moran pointed out the need to support technology and this is something that needs to be addressed in the County. Mrs. Humphris said many people mentioned the need for additional foreign languages in the County public school system and she agrees there is a need. October 12, 1994 (Regular Night Meeting) O001G~ Page 8 Mrs. Humphris said she recently heard Police Chief John Miller say that soon all new police officers hired in Albemarle County will be required to have a college degree. The officers currently employed have an opportunity to take courses in their field at Piedmont Virginia Community College (PVCC) to obtain an associate degree, but if the officers want to further their educa- tion beyond that point, they must travel to James Madison University (JMU) or Virginia Commonwealth University (VCU) which are both expensive and time- consuming. The County only reimburses $100 per year for classes which would not cover the travel costs. If incoming police officers are required to have a college degree, it would seem that the offiCers currently employed who want to advance will probably have to take college level courses toward a degree. It seems to her that something needs to be done to help current police employees. She thinks the tuition reimbursement for current employees should be reviewed during the budget process. Mr. Tucker said he understood Chief Miller to say that an associate degree would be required for incoming officers and later a bachelors degree required, The COuntY WoUld encourage the officers currently employed to advance their education. Mrs. Humphris asked if requirements for incoming officers are upgraded if the County can require that current employees meet those same requirements. Mr. Tucker said it is difficult, if not impossible, to make a requirement that current employees obtain the same level of education as newly hired employees, especially when there is no means to provide this type of education. Mrs. Thomas said this may be something the Planning and Coordination Council (PACC) could review. A common charge laid at University of Virginia's door is that it does not offer continuing educational programs for people who have a partial number of hours towards a degree. She also suggested the PACC review and discuss having UVa students do some of the computer services in the schools. As state support for universities decreases, more students are having to find jobs to support themselves in college because financial aide is paying smaller portions of educational costs. There is a pool of people with the necessary skills and the need to have part-time jobs. This may be a creative solution to a real problem. (The following two agenda items were heard concurrently.) Agenda Item No. 13. Public Hearing to receive comments on the proposed issuance of school bonds of Albemarle County in the maximum amount of $450,000. The purpose of the proposed bonds is to finance capital projects for public schools. (Advertised in the Daily Progress on September 26 and October 3, 1994.) Mr. Tucker said the FY 1994-95 Capital Improvement Program was approved using approximately $445,000 in bonds issued through the Virginia Public School Authority for several school projects, $324,900 for the Vehicular Maintenance Facility, and $120,000 for the Western Albemarle High School Pedestrian Crossing. Since the original budget, the cost of the WAHS Crossing project has been reduced significantly to half its original cost or $60,000. As the Board may recall, at a September Board meeting staff proposed the possibility of not borrowing the funds through VPSA as originally intended due to the reduction in the WAHS project cost and the possibility of using one- time, carry-over or fund balance funds. However, with the decision to proceed with the purchase of land for the new high school and the costs association with opening a major new school, staff has reconsidered using any additional fund balance monies at this time. Staff now recommends that the Board adopt a resolution to use up to $450,000 in VPSA funds for three FY 1994-95 projects, i.e., the maintenance facility, the WAHS crossing and waterline improvements at various schools. This will allow the Board to retain the option of using needed fund balance monies for land purchase as well as any opening costs. Agenda Item No. 13a. Adopt Resolution of Official Intent to Reimburse Expenditures for Various Public Improvements with Proceeds of Bonds. Mr. Tucker said staff recommends that the Board adopt a resolution relating to reimbursement for expenditures for some of the items mentioned in Agenda Item 13, particularly for the WAHS crossing. Mrs. Thomas said the crossing situation at WAHS seems to be a great improvement. Mr. Tucker said all of the comments he has received have been positive, it is user-friendly and seems to be working well. At 8:15 p.m. the public hearing was opened. Mr. Paul Hundley said he is on the committee for building renovations at WAHS and has been trying to figure out the CiP budget. It seems to be a problem with infrastructure maintenance and the grounds at WAHS (ballfields, track, etc.). There does not seem to be an Organized effort to get the grounds to an operational state. He met with Mr. A1 Reaser and it is clear that the renovations will occur, but when he'reviews the CIP requests he is not able to figure out the relationship between the priority and the rate at which the items are completed to keep the renovation projects up-to-date. He asked if there is a systematic effort that goes on with the Board of Supervi- sors to look at these items and see that they happen. October 12, 1994 (Regular Night Meeting) Page 9 000:1.67 Mr. Tucker said staff can talk with Mr. Hundley to help him understand the CIP process. One thing that staff is doing this year is handling maintenance of items differently than "true" capital items. The Board will see a differ- ent sort of CIP than in the past when it receives the next revision. The maintenance items are going to be put into an operational item and only the "true" capital items put in the CIP and programmed over a five-year period. Work sessions on CIP needs have already begun with the Planning Commission. The Board of Supervisors will get the list next month. Mr. Hundley said he has a safety concern at WAHS where the traffic flow is a distinct problem because of the massive number of school buses and students. Mr. Tucker said staff can review those traffic patterns to see if some improvements on traffic circulation can be~made. Mrs. Humphris said she is not one to encourage students to drive cars to schools and use County funds to provide parking areas for them. She feels there are better uses for County funds than this and would be in favor of restricting use of cars before using tax dollars for parking areas. She concurs that circulation is a problem at WAHS. At 8:21 p.m., with no further comments from the public, the public hearing was closed. Mrs. Thomas made motion, seconded by Mr. Bowerman, to adopt the following resolution authorizing the issuance of not. to exceed $450,000 general obliga- tion school bonds of Albemarle County, virginia, series 1994A. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Mr. Martin and Mr. Marshall. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $450,000 GENERAL OBLIGATION SCHOOL BONDS OF ALBEMARLE COUNTY, VIRGINIA, SERIES 1994A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), has determined that it is neces- sary and expedient to borrow not to'exceed $450,000 to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on October 12, 1994, on the issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.1- 227.8.A, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $450,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolu- tion. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Resolution. The Chairman of the Board, the County Executive, or such officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement anticipated to be dated as of October 18, 1994, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agree- ment''). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multi- ples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1994A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1995 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. October 12, 1994 (Regular Night Meeting) Page 10 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the correspond- ing principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and deiivery of the B~nds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the regis- tered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A (on file). On twenty (20) days written notice from the VPSA, the County shall deliver, at its expense, the Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Pa¥inq Aqent and Bond Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. (Richmond, Virginia, time) on the appli- cable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. (Richmond, virginia, time) on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2005, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2005, are not subject to prepayment or redemption prior to their stated maturi- ties. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2005, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2005, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2005, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2005 to July 14, 2006, inclusive 103% July 15, 2006 to July 14, 2007, inclusive 102 July 15, 2007 to July 14, 2008, inclusive 101 July 15, 2008 and thereafter 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. October 12, 1994 (Regular Night Meeting) Page 11 000 .69 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation suffi- cient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropri- ated for such purpose. . 10. Use of'Proceeds Certificate and Certificate as to Arbi- traqe. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations con- tained therein and (ii) the County shall comply with the provi- sions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraqe Proqram; Proceeds Aqreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County's Director of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Filinq of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 13. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider neces- sary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. Mrs. Humphris made motion, seconded by Mr. Bowerman, to adopt the follow- ing Resolution of Official Intent to Reimburse Expenditures for Various Public Improvements with Proceeds of Bonds. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR VARIOUS PUBLIC IMPROVEMENTS WITH PROCEEDS OF BONDS WHEREAS, the Board of Supervisors of Albemarle County, Virgin- ia (the "County"), intends to undertake public school improve- ments, including, without limitation, improvements to a school vehicle maintenance facility, public school water lines, and a school road crossing in the approximate amount of $450,000 (the "Project"); and WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the Bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY: October 12, 1994 (Regular Night Meeting) Page 12 1. The County intends to finance the Project through the issuance of bonds in an amount not to exceed $450,000 (the "Bonds" ) . 2. The County intends to receive reimbursement from proceeds of the sale of the Bonds for costs of the Project paid by the County prior to the issuance of the Bonds. 3. The County intends that the adoption of this resolution be considered as "official intent" within the meaning of the Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. Agenda Item No. 14. Approval of Minutes: June 10, July 8(A), September 16 (A) , OctOber 15 (A) and December 11 (A) , 1992; ~August 10 (A) and August 10 (N) , 1994. Mrs. Thomas said she read the minutes of August 10 (N), 1994, and passed typographical errors to the Clerk. Mr. Perkins said he read the minutes of August 10(A), 1994, and found them to be in order. Mrs. Humphris said she read the minutes of July 8(A), 1992, and found them to be in order. Mr. Bowerman said he read the minutes of June 10, 1992, pages 13 to end, and passed a typographical error to the Clerk. Mrs. Humphris made motion, seconded by Mr. Bowerman, to approve the minutes as noted. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. Agenda Item No. 15. Cancel Board meeting of October 19, 1994. Mrs. Humphris made motion, seconded by Mrs. Thomas, to cancel the Board meeting of October 19, 1994. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. Agenda Item No. 16. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker said the Board needs to nominate a delegate and alternate delegate for the annual meeting of the Virginia Association of Counties (VACo) . Mr. Bowerman made motion, seconded by Mrs. Thomas, to appoint Mrs. Humphris as the Delegate and Mrs. Thomas as the Alternate Delegate for the annual VACo meeting. Roll was.called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. Mr. Tucker said he received a letter from Mr. James Dillard, a Delegate in Fairfax. He has introduced a bill which would allow all cities and counties the ability to have a small claims court in their community to rule on judgments up to $1000 without the presence of an attorney. The law requires that the locality seek approval through the General Assembly and request to be added to the legislation. He has talked with Judge Steve Helvin about this matter and he is interested in it. There was consensus by the Board that Albemarle County seek to be included in legislation that would allow a small claims court in the County. Mrs. Thomas said she has been asked what the County does to test for quantity of water when subdivisions are developed. There is a great deal of concern that whatever is being done is not enough because several subdivisions in the Ivy area are experiencing water problems. She would like to know whether other localities are doing more than Albemarle County to assure adequate quantity. Agenda Item No. 17. Adjourn. October 12, 1994 (Regular Night Meeting) v%~F~ Page 13 At 8:42 p.m., Mrs. Humphris made motion, seconded by Mr. Bowerman, to adjourn to October 24, 1994, at 5:00 p.m., for a joint meeting with the School Board and the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Martin and Mr. Marshall. Chairman