HomeMy WebLinkAbout1994-03-02March 2, 1994 (Regular Day Meeting) 0000~
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A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on March 2, 1994, at 9:00 a.m., Room 7, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs.
Forrest R. Marshall, Jr., Charles S. Martin (arrived at 9:20 a.m.),
Walter F. Perkins and Mrs. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., Deputy County
Attorney, Larry Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. '1. The meeting was called to order at 9:10 a.m., by the
Chairman, Mr. Walter F. 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.
Mr. Phil Waigant, foster parent to a homeless paraplegic, distributed a
pamphlet on a program entitled "Respite Care Alliance Project" to children,
youth and family services. He encouraged a unified approach to Charlottes-
ville, Albemarle and areas of Virginia to address troubled youth and disabili-
ty.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Thomas,
seconded by Mr. Marshall, to approve items 5.1 through 5.6 and accept items
5.7 through 5.14 on the consent agenda as information. Roll was called and
the motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
ABSENT: Mr. Martin..
Item 5.1. Affirm Resolution of Intent to amend Section 30.6, Entrance
Corridor Overlay District, of the Zoning Ordinance to include the Architectur-
al Review Board review of building permits in the Entrance Corridor was
approved as follows by the above recorded vote:
The Albemarle County Board of Supervisors to serve the public
necessity, convenience, general welfare and/or good zoning prac-
tice affirms a Resolution of Intent to amend Section 30.6, En-
trance Corridor Overlay District to include the Architectural
Review Board review of building permits in the Entrance Corridor.
Item 5.2. Certifications necessary to access Federal HOME Funds. The
Board approved authorization of the following documents by the above recorded
vote.
FAIR HOUSING CERTIFICATION
Compliance with Title VIII of the Civil Rights Act of 1968
WHEREAS, the Thomas Jefferson Regional HOME Consortium has
been offered and intends to accept federal funds authorized under
the Cranston Gonzales National Affordable Housing Act, PL 101-625,
approved 11/28/90, and
WHEREAS, the City of Charlottesville serves as the Lead Agency
and the administration of the program is the responsibility of the
Thomas Jefferson Planning District Commission, and
WHEREAS, the City of Charlottesville and the Counties of Albe-
marle, Fluvanna, Greene, Louisa, and Nelson are participating
jurisdictions, and
WHEREAS, recipients of funding under the Act are required to
take action to affirmatively further Fair Housing;
THEREFORE, the County of Albemarle agrees to take at least one
action to affirmatively further fair housing each grant year on
behalf of all members of the Consortium, during the life of its
project funded with HOME funds. The action taken will be selected
from a list provided by HUD.
March 2, 1994 (Regular Day Meeting)
Page 2
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
The Thomas Jefferson HOME Consortium, City of Charlottesville
as Lead Agency, and the Thomas Jefferson Planning District Commis-
sion as Administrative Agency, member governments of the City of
Charlottesville and the Counties of Albemarle, Fluvanna, Greene,
Louisa, and Nelson and contracting housing non-profit agencies
will replace all occupied and vacant occupiable low/moderate-
income dwelling units demolished or converted to a use other than
as low/moderate income dwelling units as a direct result of
activities assisted with funds provided under the Cranston Gonza-
les National Affordable Housing Act, PL101-625, all replacement
housing will be provided within three (3) years of the commence-
ment of the demolition or rehabilitation relating to conversion.
Before obligating or expending funds that will directly result
in such demolition or conversion, the Consortium will direct the
Thomas Jefferson Planning District to make public and advise HUD
that it is undertaking such an activity and will submit to HUD in
writing, information that identifies:
1)
a description of the proposed assisted activity;
2)
the general location on a map and approximate number
of dwelling units by size (number of bedrooms) that
will be demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result
of the assisted activity;
(3)
a time schedule for the commencement and completion of
the demolition or conversion;
(4)
the general location on a map and approximate number
of dwelling units by size (number of bedrooms) that
will be provided as replacement dwelling units;
(5)
the source of funding and a time schedule for the
provision of replacement dwelling units;
(6)
the basis for concluding that each replacement dwell-
lng unit will remain a low/moderate-income dwelling
unit for at least ten (10) years from the date of
initial occupancy; and
(7)
information demonstrating that any proposed replace-
ment of dwelling units with smaller dwelling units is
consistent with the housing needs of low- and moder-
ate-income households in the jurisdiction.
The Thomas Jefferson Regional HOME Consortium, using the City
of Charlottesville and the Thomas Jefferson Planning District
Commission as agents for Consortium, the member governments of the
City of Charlottesville and the Counties of Albemarle, Fluvanna,
Greene, Louisa, and Nelson, and the local non-profit contractors
will provide relocation assistance to each low/moderate-income
household displaced by the demolition of housing or by the direct
result of assisted activities. Such assistance shall be that
provided under Section 104 (d) of the Housing and Community
Development Act of 1974, as amended, o__~r the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
The Consortium's FY 94 project includes the following activi-
ties:
1. Rehabilitation of houses to Section 8 Housing Quality
Standard.
2. First-time homebuyers assistance.
3. Tenant-based assistance.
The activities as planned will not cause any displacement from
or conversion of occupiable structures. As planned, the project
calls for the use of existing right-of-way or easements to be
purchased or the acquisition of tracts of land that do not contain
housing. The Consortium and its contracting agents will work with
the grant management staff, engineers, project area residents, and
the U. S. Department of Housing and Urban Development to insure
that any changes in project activities do not cause any displace-
ment from or conversion of occupiable structures.
In all cases, an occupiable structure will be defined as a
dwelling that meets local codes or a dwelling that can be rehabil-
itated to meet code for $25,000 or less.
March 2, 1994 (Regular Day Meeting)
Page 3
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THOMAS JEFFERSON REGIONAL HOME CONSORTIUM
THOMAS JEFFERSON PLANNING DISTRICT
LOCAL BUSINESS AND EMPLOYMENT PLAN
Member governments: City of Charlottesville,
Counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson
The member governments of the Thomas Jefferson Regional HOME
Consortium, acting through the Thomas Jefferson Planning
District Commission as administrative agent designates as its
Local Business and Employment Project Area the boundaries of
the Thomas Jefferson Planning District (TJPD).
The Consortium, the Thomas Jefferson Planning District Commis-
sion, its contractors, and designated third parties shall in
utilizing HOME funds utilize businesses and ~ower income
residents of the Project Area in carrying out all activities,
to the greatest extent feasible.
3 o
In awarding contracts for work and for procurement of materi-
als, equipment or services of the Consortium, the TJPD,
contractors, and designated third parties shall take the
following steps to utilize businesses which are located in or
owned in substantial part by persons residing in the Project
Area are:
(a) The TJPD shall ascertain what work and procurements
are likely to take place through the HOME Funds.
(b) The TJPD shall ascertain through various and appropri-
ate sources including: The Daily Progress (Project
Area Newspaper of General Circulation) and the weekly
local newspapers the business concerns with the Pro-
ject Area which are likely to provide materials,
equipment and services which will be utilized in the
activities funded through the HOME Program.
(c) The identified business concerns shall be appraised of
opportunities to submit bids, quotes or proposals for
work or procurement contracts which utilize HOME
funds.
(d) To the greatest extent feasible, the identified busi-
ness and any other project area business concerns
shall be utilized in activities which are funded with
HOME funds.
In the utilization of trainees or employees for activities
funded through HOME, the Consortium, the TJPD, its contractors
and designated third parties, shall take the following steps
to utilize lower income persons residing in the Project Area:
(a) The TJPD, in consultation with its contractors (in-
cluding design professionals), shall ascertain the
types and number of positions for both trainees and
employees which are likely to be utilized during the
project funded by HOME.
(b) The TJPD shall advertise through the following sourc-
es': The Daily Progress (Project Area Newspaper of
General Circulation) and the local area weekly newspa-
per the availability of such positions with the infor-
mation on how to apply.
(c) The TJPD, its contractors, and designated third par-
ties shall be required to maintain a record of inqui-
ries and applications by project area residents who
respond to advertisements, and shall maintain a record
of the status of such inquires and applications.
(d) To the greatest extent feasible, the TJPD, its con-
tractors, and designated third parties shall utilize
lower income project area residents in filling train-
ing and employment positions necessary for implement-
ing activities funded by HOME.
50
In order to ascertain substantial compliance with the above
affirmative actions and Section 3 of the Housing and Community
Development Act of 1968, the TJPD shall keep, and require to
be kept by contractors and designated third parties, listings
of all persons employed and all procurements made through the
implementation of activities funded by HOME. Such listings
shall be completed and shall be verified by site visits and
interviews, cross-checking of payroll reports and invoices,
and through audits, if necessary.
Item 5.3. Statements of Expenses for the Department of Finance, Sheriff,
Commonwealth's Attorney, Regional Jail and Clerk of the Circuit Court, for the
month of January, 1994, were approved as presented by the above recorded vote.
Item 5.4. Assign the Housing Coordinator position as the local official
representative to the Thomas Jefferson Housing Improvement Corporation Board
of Directors, replacing the Chief of Community Development. Approved by the
above recorded vote.
March 2, 1994 (Regular Day Meeting)
Page 4 .
0000 o
Item 5.5. Approval of wording for Comprehensive Plan Amendment for
Hollymead Growth Area (CPA-92-05, Towers Land Trust), was approved as follows
by the above recorded vote.
HOLLYMEAD
LOCATION
The eastern boundary of the Community is the natural stream bound-
ary of Powell Creek and its tributaries, extending from Route 643
on the south to Route 649 (Proffit Road). The northern boundary
follows Route 649, Route 785, the North Fork Rivanna River, a
stream between the North Fork Rivanna and Route 29, and then a
stream swale leading to Route 606. The western boundary of the
Community follows the alignment of Route 606 to the Charlottes-
ville-Albemarle Airport where it goes west and south around the
airport to Route 743, following Route 743 to Route 643 and then
heading east to Route 29 North.
EXISTING LAND USE
Residential - Hollymead contains an estimated (1985) 826 dwelling
units and approximately 2250 persons. Over 60 percent of the
total dwelling units in Hollymead are single-family detached
units. The Hollymead Community also includes two large mobile
home parks, totalling approximately 230 units. An estimated seven
percent of the total housing stock was constructed during the
preceding five years.
Commercial and Office - There exist a variety of commercial retail
uses in Hollymead totalling in excess of 780,000 square feet of
floor area. Most of these uses are highway oriented rather than
for neighborhood shopping. Commercial office uses total about
19,000 square feet of building area.
Industrial - There exist approximately twelve industrial uses in
Hollymead. Together, they include over 111,000 square feet of
floor area.
Other Land Uses - The Hollymead Community contains two churches,
an elementary school, a large cemetery, and the Charlottesville-
Albemarle Airport.
ENVIRONMENTAL CHARACTERISTICS
The area is divided into two major watersheds by a ridgeline
running along Route 649. Land to the south of the ridgeline
drains into the Powell Creek system which leads eventually to the
South Fork of the Rivanna. Land to the north of the ridgeline
drains northward into the North Fork of the Rivanna.
The entire area consists of soils in the Elioak-Hazel-Glenelg
Association. This association is limited for development because
of moderately permeable subsoil, the clayey subsoil, and the
shallow depth to bedrock.
MOst of the area is forested with the exception of developed areas
near the intersection of Route 29 North and Route 649, the Holly-
mead property, and some open farmland in the northwest section.
PUBLIC WATER AND SEWER
Sewer service is available through the Powell Creek interceptor to
the south and the Camelot Treatment system to the north based on
natural drainage. Water service is available south of Route 649
from the South Rivanna system and north of Route 649 from the
North Rivanna system. There is an interconnect of the two systems
which has not been opened.
ROADS
Route 29 is congested and access has been limited for development
purposes.
RECOMMENDATIONS
No commercial uses are to be established on either side of
Route 29 up to the entrance of the existing Hollymead
Subdivision.
The area between the southern boundary of Route 643 and the
South Fork of the Rivanna River is to remain in an open state
as a buffer between the Urban Area and the Community of
Hollymead. This boundary is critical as it preserves the
distinct identity of the Community from the Urban Area and
prevents continuous development from the City of Charlottes-
ville along Route 29 North to the North Fork of the Rivanna.
March 2, 1994 (Regular Day Meeting)
Page 5
oooo3a.
This area is included in the Rivanna River Greenway corridor
and provides an opportunity for passive recreational uses.
Preserve the stream valleys and their tributary drainage way,
plus adjacent areas of steeply sloping terrain, as an open
space network. This network is designed to tie into future
residential development areas in Hollymead. The stream valley
along the North Fork Rivanna forms a northern boundary of the
Community, and should be considered for greenway development
for passive recreation.
Provide new landscaping with development along Route 29 North.
The area west of Route 29 North is intended for industrial and
office uses as a large employment area. It is expected that
these uses will be of a large scale and have a significant
airport orientation. The office service area consists of
approximately 25 acres along Airport Road and 40 acres west of
the regional service area on the west side of Route 29 North.
The balance of the employment generating area is Industrial
Service.
Establish a regional service area on Route 29 North at Route
649 consisting of approximately 35 developable acres. This
area is intended to serve commercial service needs for the
Hollymead Community, the airport, and Route 29 North traffic.
This location is expected to accommodate multiple uses for
future commercial development convenient to a variety of
users.
Establish an office service designation of approximately 23
developable acres on the east side of Route 29 north of the
regional service area.
Establish a regional service area of approximately 50 acres on
the west side of Route 29 North to accommodate multiple uses
for future commercial development convenient to a variety of
users. Access to this area should be limited to three loca-
tions on Route 29. Development of the entire commercial area
shall be pursuant to an overall plan of development. Zoning
action and development of this area consistent with this
Comprehensive Plan shall occur after the development of the
high density residential area (to a minimum of 100 mobile home
sites as noted in the recommendation for the development of
this residential area).
Establish a community service area south of Route 649 on the
east side of Route 29 North to provide general retail needs in
the Community and the northern part of the County.
Establish a community service area centered around the en-
trance to the Hollymead Subdivision. This recognizes the
approved commercial area in the Hollymead PUD. While too
large to be a neighborhood service area, the scale of commer-
cial development is to be in keeping with the residential
nature of the Hollymead subdivision and oriented to the
subdivision rather than highway uses. The area is intended to
meet local convenience shopping and professional service needs
and is to be screened and buffered from adjacent residential
areas. Access to high density residential areas to the north
and south is to be reserved.
Establish a neighborhood service area on Route 649 in the
northern portion of the Community intended to meet local
convenienc~ shopping and professional service needs, including
medical and financial services.
Public facility sites include:
A large area northeast of the Route 29 North/Route 643
intersection. This is intended to be retained for passive
recreation and greenspace and recognizes a site identified
by the State as having possible historical and archeologi-
cal significance. Should the County not acquire this
property, the existing zoning (R-I) shall apply, with
higher density not to exceed four dwelling units per acre
possible with preservation of the historic site, mainte-
nance of greenspace and screening from Route 29.
- The Hollymead School area to provide for expanded active
recreation uses and future school expansion.
The Charlottesville-Albemarle Airport, which includes the
existing facilities, the southern runway approach zone, and
areas east of Route 606 owned by the airport for future
expansion and location of airport related services.
March 2, 1994 (Regular Day Meeting)
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0000 ]2
Development plans along Route 29 North are to be sensitive to
its status as an entry corridor to the Community and the Urban
Area.
· Transportation improvements include:
Limitation of access points on Route 29 North to joint
entrances, frontage roads, and side streets.
Limit access to Route 29 to three locations for the entire
area east of Route 29 from Proffit Road to the northern
community boundary. Access to the regional service, office
service and the low and medium density residential areas
from Route 29 shall be limited to these three locations.
The northernmost access point should be aligned with the
future access on Route 29 for the UREF North Fork Research
Park. Access to Route 785 shall be prohibited.
Development of the Meadow Creek Parkway and associated
collector roads to provide more direct access to the Urban
Area and downtown Charlottesville. With final alignment
determination, right-of-way should be reserved for these
roads.
Alignment improvements and widening of Airport Road from
its intersection with Route 29 North to the airport.
Access to this road should be accomplished through joint
entrances, frontage roads, and side streets.
The following crossovers (see Map 20 for number and loca-
tion) a.re to be closed to maintain the desirable function
and safety on Route 29 North.
Crossover 1 - This crossover serves as a U-turn device for
Route 643.
Crossover 2 - This crossover serves only U-turns and has
inadequate sight distance on southbound lanes.
Crossover 3 (Hollymead southern entrance) This crossover
has inadequate sight distance on the southbound lanes.
Crossover 4 This crossover serves U-turns and has inade-
quate sight distance.
Crossover 5 This crossover serves U-turns and has inade-
quate sight distance.
Crossover 6 This crossover is too close to the Route 649
intersection. It serves U-turns and has poor sight dis-
tance on the southbound lanes.
Crossover 7 - This crossover serves U-turns and has inade-
quate sight distance.
Crossover 8 - This crossover presently serves a commercial
enterprise, but should be closed to provide desirable
spacing and sight distance.
· Water and sewer improvements include:
Extension of the Powell Creek Sewer Interceptor and devel-
opment of necessary collection lines to accommodate devel-
opment in the Route 29 North/Airport Road area, the air-
port, and northern residential areas of Hollymead along
Route 649.
Long range interconnection of the Camelot sewer system with
the Powell Creek interceptor. While expansion of the
Camelot Sewage Treatment Plant to 300,000 GPD capacity will
meet short-term needs, in the long term this interconnec-
tion will be necessary to meet ultimate development re-
quirements. This can be accomplished with a pumping sta-
tion at Camelot and a force main back to the Powell Creek
interceptor. Timing and details for this interconnection
should be addressed in the utilities master plan.
Analyze the long-term water supply capabilities of the
North Rivanna system and evaluate the interconnection of
this system to the South Rivanna system in the utilities
master plan.
March 2, 1994 (Regular Day Meeting)
Page 7
000033
Developable Dwelling
Acreage Units
Residential-Low 742 742-2968
Residential-Medium 290 1160-2900
Residential-High 190 1900-3800
RESIDENTIAL SUB-TOTAL 1222 3802-9668
Neighborhood Service 10
Community Service 75
Regional Service 118
Industrial Service 480
Office Service 88
Public 72
NON-RESIDENTIAL SUB-TOTAL 842
I/N-DEVELOPED TOTAL 2064
Note: The changes in this table reflect only the additional
developable acres added by amendments to the Land Use Map. The
table has not been otherwise updated to reflect recent development
activity.
Item 5.6. Resolution to accept Berkmar Drive Extended into the State
Secondary System of Highways and guarantee for a period of up to one year
against defective materials and/or workmanship up to a maximum of $7500, was
adopted as follows by the above recorded vote.
WHEREAS, Berkmar Drive Extended (RIP-88-003) described on the
attached Additions Form SR-5(A) dated March 2, 1994 fully incorpo-
rated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia;
and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the street meets the re-
quirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add Berkmar Drive Extended (RIP-88-003) as described on
the attached Additions Form SR-5(A) dated March 2, 1994 to the
secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements;
and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary ease-
ments for cuts, fills and drainage as described on the recorded
plats; and
BE IT FURTHER RESOLVED that the Board hereby guarantees to the
Virginia Department of Transportation, for a period of one year
from the date of acceptance into the Secondary System of Highways,
Berkmar Drive against defective materials and/or workmanship up to
a maximum of $7500; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
Berkmar Drive Extended
Berkmar Drive from the edge of pavement of Rio Road, SR 6100, .19
mi to end of previous dedication of Berkmar Drive as recorded by
plat dated March 1, 1993, in Deed Book 1291, pages 107-140 in the
office of the Clerk of the Circuit Court of Albemarle County.
Additional sight, drainage easement, and right-of-way plats
recorded in: Deed book 1298, pages 450-458; deed book 1392, pages
76-83 and pages 91-98; deed book 1330, pages 501-504; deed book
1384, pages 18-21.
Item 5.7. January Financial Management Report, was received as informa-
tion.
Item 5.8. Copy of Planning Commission minutes for January 25 and
February 1, 1994, was received as information.
March 2, 1994 (Regular Day Meeting)
Page 8
000034
Item 5.9. Virginia Department of Alcoholic Beverage Control 1993 Annual
Report (on file in Clerk's office), was received as information.
Item 5.10. Arbor Crest Apartments (Hydraulic Road Apartments) Monthly
Bond Program Report and Monthly Report for the month of January, 1994, was
received as information.
Item. 5.11. Copy of minutes of Board of Directors of the Albemarle County
Service Authority for January 20, 1994, was received as information.
Item 5.12. Letter dated February 17, 1994, addressed to Mr. Donald B. and
Mrs. Joan P. Caldwell, from Mr. James Christian Hill, National Register
Assistant, Department of Historic Resources, re: Longwood, Albemarle County,
was received (set out below) as information:
"At its February 15 meeting, the State Review Board determined
that Longwood appears to meet the criteria for list on the Virgin-
ia Landmarks Register and the National Register of Historic
Places. The board concurs with the Department staff that this
property appears to be eligible at the local level for signifi-
cance in the areas of architecture and commerce.
The staff of the Department of Historic Resources does not plan to
prepare the national register nomination which is the required
next step in the registration process, as our work program is
fully scheduled for the remainder of the year and we normally
limit our preparation of nominations to those properties for which
the Department is accepting an easement. If you are interested in
pursuing registration, I would recommend hiring a consultant or
preparing the nomination yourself. I would be happy to assist
someone with the preparation and upon request will send you a list
of consultants and materials necessary to complete the nomination.
Thank you for your interest in the register program. Should you
have any questions or concerns regarding the registration process,
please do not hesitate to contact me."
Item 5.13. Letter dated February 21, 1994, from Ms. Elsie T. Fryer,
Member of the Disability Services Board, re: Disability Services Plan 1994-
1999 for the JefferSon Area Disability Services Board, was received as
information.
Mrs. Humphris said the letter from a member of the Disability Services
Board asks for guidance, help with grant writing and other things. She did
not want this to be overlooked. Mr. Tucker said TJPDC provides staff support
for this agency and will handle grant writing. He will discuss this letter
with Ms. O'Brien because he feels these questions should be addressed by staff
at TJPDC.
Item 5.14. Letter dated February 23, 1994, from Ms. Amelia G. McCulley,
Zoning Administrator, to Mr. Gary and Mrs. Elizabeth Edgecomb, re: Official
Determination of Number of Parcels Section 10.3.1, Tax Map 67, Parcel 1, was
received as information.
Agenda Item No. 6. Approval of Minutes: March 23(A) and October 9, 1992;
December 1 and December 8, 1993; January 12, February 2 and February 14(A),
1994.
Mr. Perkins read the minutes of March 23(A), and October 9, 1992, and
found them to be in order.
Mr. Bowerman read the minutes of December 8, 1993, and passed the typo-
graphical errors to the Clerk.
Mrs. Humphris re'ad the minutes of February 14(A), 1994, and found them to
be in order.
Mrs. Thomas read the minutes of January 12, 1994, and found them to be in
order. (Mr. Martin arrived at the meeting at 9:20 a.m.)
Mrs. Thomas made a correction to the minutes of December 1, 1993, page 2,
Other Transportation Matters, changing "Mirror Door Intersection" to "Mirador
Intersection."
Mrs. Thomas then offered motion, seconded by Mrs. Humphris to approve the
minutes with the above noted correction. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
March 2, 1994 (Regular Day Meeting)
Page 9 0000~S
Agenda Item No. 7a. Other Transportation Matters.
Mr. Roosevelt distributed the Department's monthly schedule of projects
currently under construction. He commented that the Route 20 South project
was affected by the weather and the work will not be completed on time.
Mr. Roosevelt said he and the traffic engineer have agreed on the type of
traffic signals to be placed at the intersections of Rio/Hillsdale, Green-
brier/Rio and Commonwealth/Greenbrier and are working toward having those
installed under the district contract which means work would begin in May,
1994. The cost of the traffic signals is $300,000 and funds will have to be
obtained from secondary improvement funds to pay for these traffic signals.
He will be recommending these as priorities in the forthcoming Six-Year Plan
budget for next year.
Mr. Bowerman asked if the bond for Hillsdale Drive and Rio Road intersec-
tion traffic signal had been released. Mr. Cilimberg said "yes," but a
certificate of deposit was given. Mr. Bowerman asked how much was contribut-
ed. Mr. Cilimberg said approximately $50,000 plus interest.
Mrs. Thomas asked if traffic at the intersection of Old Ivy Road and Route
250 West is being monitored to assure that it is working the way it was
planned. Mr. Roosevelt said this intersection will be monitored to insure
that the positive aspects of the improvements made are occurring. If the
improvements anticipated are working, what was implemented will continue to be
used. If the improvements are not working, VDoT may consider removing the
barriers and having traffic flow the way it did before the barriers were
installed.
Mrs. Humphris said she has received comments regarding this intersection
which concluded that it has helped the safety aspect under the bridge, but
people coming off of the ramp are taking the right-of-way and not yielding
which is causing the traffic on Old Ivy Road to come to a stop.
Mr. Roosevelt said he is aware of this problem and a stop sign was to be
installed today on the ramp of this intersection, but due to the inclement
weather this has been delayed. He feels the stop sign will correct the
problem.
Mrs. Humphris asked Mr. Roosevelt if he had any information on a left turn
signal at the Barracks Road and Georgetown Road light for eastbound traffic.
Mr. Roosevelt said he has discussed this with the traffic engineer in
Richmond but has not received a response. He will contact him and update the
Board.
Mrs. Humphris said on October 6, 1993, Jack Hodge presented a concept map
of the proposed changes to the interchange of the North Grounds at the
University. In the non-agenda information provided to the Board, there was a
letter from Canterbury Hills Property Owners Association and a copy of a
letter written to Jack Hodge about these changes. The Association has a topo
map of these changes and also sent a list of complaints as to what would
happen if these changes were implemented. The map shows the taking of five
homes in Canterbury Hills and other intrusions onto the St. Anne's-Belfield
campus. She feels this Board needs to be up-dated on this situation, at least
as much as the homeowners association's are. A number of suggestions were
drafted and sent to Mr. Hodge by the Association regarding the impacts on that
neighborhood. Mr. Cilimberg said he just received this information from the
Association as well.'
Mr. Roosevelt said he will contact Mr. Hodge to find out what was sent and
where it originated.
Mr. Marshall said there is a sharp left hand turn at the Avon Street
Extended/Route 20 South intersection which needs a sign installed to slow
traffic because vehicles are veering into the grassy area where the road used
to be located.
Mr. Roosevelt said he will look at installing delineators along the curve.
Agenda Item No. 8. Presentation from Donald Martin, Virginia Employment
Commission.
Mr. Tucker introduced Mr. Donald Martin, Manager, Virginia Employment
Commission (VEC) . Mr. Tucker said he heard a presentation Mr. Martin made
last month regarding some employment data for this area and thought it would
be helpful for the Board, particularly in the Comprehensive Plan process. He
asked Mr. Martin to make a similar presentation to the Board and thanked him
for coming.
March 2, 1994 (Regular Day Meeting> 000036
Page 10
Mr. Donald Martin distributed data to the Board which was taken from VEC's
data base. The VEC acts as the lead agency in the state data center and
compiles information related to all areas of employment. It is able to review
areas of employment by locality, such as Albemarle County. The information
that has been provided to the Board is data for Albemarle County only and does
not include the City of Charlottesville. He said he can also provide the
Board with data on the metropolitan area which would include Charlottesville,
Albemarle, Fluvanna and Greene.
Mr. Donald Martin then reviewed the figures and data that was distributed
to the Board. The data is compiled by what the employers and business people
report to VEC in the quarterly unemployment insurance taxes.
Mrs. Thomas asked if there was anyway to get the businesses who report the
figures to VEC to also report how many of the employees are working less than
a 40 hour week or can this be accessed by categories. Mr. Donald Martin said
"no," not under any formal recording system. Some individuals or groups can
do a survey and make a study independent of the information received by VEC.
Mr. Marshall said he is constantly seeing, in this community, a downsizing
of businesses. Over the past 10 years, he has watched retail businesses go
away from union jobs to non-union jobs, where people were full-time employees
with full benefits to become part-time employees with no benefits and their
wages have been reduced. This has been done continuously and is a global
trend.
Mr. Perkins then thanked Mr. Donald Martin for taking the time to come and
present this information to the Board.
Agenda Item No. 9. Presentation on Groundwater Sensitivity to Pesticides
from Michael Collins, of the Thomas Jefferson Planning District Commission.
There was a consensus of the Board to defer this item to April 6, 1994,
due to the inclement weather.
Agenda Item No. 10. 10:00 a.m. - Public Hearing on an ordinance to amend
and reenact Section 2.1-4(i} of the Code of Albemarle known as the "Jacobs Run
Agricultural/Forestal District" It is intended that the life of the Jacobs
Run A/F District which consists of 1124.986 acres located on Routes 743, 764,
664, 665 and 660 near Earlysville be extended for an additional six years.
(Advertised in the Daily Progress on February 14, 1994 and February 21, 1994.)
Mr. Cilimberg summarized the staff report which is on file in the Clerk's
office and part of the permanent records of the Board. A 1993 amendment to
the State Code made review of districts optional rather than mandatory. The
Board of Supervisors has established a procedure to determine if a review is
necessary. In this case, a review has been determined to be necessary because
one of the property owners has chosen to withdraw from the district.
When each district is reviewed, land within the district may be withdrawn
at the owner's discretion by filing a written notice with the Board of
Supervisors at any time before the Board acts to continue, modify, or termi-
nate the district.
Staff recommends continuation of the Jacob's Run District with a four year
time period. Four years is the minimum time period permitted under the State
law (four to ten years). Continuation of the district for four years will
serve to keep the district intact while the Comprehensive Plan five year
review is being completed. After the Comprehensive Plan review is completed,
then a proper decision can be made regarding the expansion of Earlysville
Village and the appropriateness of Jacob's Run District. Recent changes to
the State law permit the Board of Supervisors to continue a district without a
review if no changes are anticipated. This could facilitate continuance of
the district in four years if the expansion issue is resolved.
Mr. Cilimberg said the Advisory Committee at its meeting on January 24,
1994, unanimously recommended that Jacob's Run District be continued for six
years. Mrs. Huckle did not participate in the vote, since she is a property
owner in Jacob's Run District.
Mr. Cilimberg then noted that the Planning Commission at its meeting on
February 8, 1994, recommended that the Jacob's Run District be continued for
four years for the sake of consistency. Mrs. Huckle did not participate in
the discussion or vote, since she is a property owner in Jacob's Run District.
At 10:25 a.m., Mr. Perkins opened the public hearing.
Mr. John Huckle, resident of Earlysville, said staff has addressed the
importance of this Agricultural/Forestal District relative to the watershed of
Chris Greene Lake, an alternative water source for Charlottesville and
Albemarle County. He and Dr. and Mrs. Mallek own approximately 200 acres on
both sides of Jacobs Run, west of Route 743. Their lake on Jacobs Run has
been called the settling basin for Chris Greene Lake. Their concern is for
the time limit to be imposed on the renewal of the status of this District.
Their personal land usage is as follows: very little of the property will
000087
March 2, 1994 (Regular Day Meeting)
Page 11
lend itself to cultivation or construction without extensive erosion of other
properties, therefore, approximately 80 acres of the acreage has been commit-
ted to the Virginia Department of Forestry Management Program with a required
minimum of 10 years. The balance of the acreage is in pastureland and here
they have a long-term investment in the form of pasture improvement across the
county and so forth. The Mallek's also have on their part of that acreage a
small commercial garden. To the Huckle's, the further value of the District
should be reflective of the concern about groundwater since on their property
several old small streams are now dry adjoining the edge of the Earlysville
Village, the most recent construction required three wells before one was
acquired that was productive and he understands that they are not happy with
the one they did acquire. He hopes the Board will approve the renewal of
Jacob's Agricultural/Forestal District for six years.
There being no one else from the public to speak, the public hearing was
closed at 10:28 a.m.
Mrs. Humphris said she feels this Board should be concerned with the
investment and time necessary for people who participate in an Agricultur-
al/Forestal District so that they can plan. She feels the request for six
years should be granted.
Mrs. Humphris then made motion, seconded by Mr. Martin, to adopt an
Ordinance to amend and reenact Section 2.1-4(i), Chapter 2.1 of the Code of
Albemarle, Agricultural and Forestal Districts concerning Jacobs Run for a
period of no more than six years of this date of reenactment.
Mr. Martin said he noticed in the Planning Commission minutes that his
representative on the Planning Commission, Mr. Tom Blue, made a point regard-
ing the two projects, Jacobs Run and Hollymead Growth Area which the Planning
Commission decided to postpone one to work within the Comprehensive Plan and
move forward with the other, which Mr. Blue commented that this is "having
your cake and eating it too". He feels the District should be renewed for six
years rather than four.
Mrs. Humphris said this District involves the whole issue of Chris Greene
Lake, its purpose and what is to be done with it. This is a major consider-
ation because there are a lot of residents who believe that Chris Greene will
always be a recreational area and do not understand that more growth may
require that Chris Greene Lake be used as a drinking water supply. This issue
is unknown and this Board should be aware of this serious situation.
There being no further discussion, roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
AN ORDINANCE
TO AMEND AND REENACT
SECTION 2.1-4, CHAPTER 2.1 OF THE
CODE OF ALBEMARLE
AGRICULTLIR3kL AND FORESTAL DISTRICTS
BE IT ORDAINED by the Board of County Supervisors of Albemarle
County, Virginia, that Section 2.1-4(i) of Chapter 2.1 "Agricul-
tural and Forestal Districts" of the Code of Albemarle, known as
the "Jacobs Run Agricultural and Forestal District" be amended and
reenacted to read as follows:
(±)
The district known as the "Jacobs Run Agricultural and
Forestal District" consists of the following described
properties: Tax map 18, parcels 40, 40F; tax map 19,
parcels 25, 25A; tax map 20, parcel 7A; tax map 31,
parcels 8, 16, 16B, 23 (part), 23D (part), 44C, 45
(part), 45B, 45C. This district shall be reviewed no
more than six (6) years from the date of its reenact-
ment on March 2, 1994.
Agenda Item No. 11. 10:15 a.m. - Public Hearing to solicit public input
on local community development and housing needs in relation to Community
Development Block Grant (CDBG) funding for a project in the County. (Adver-
tised in the Daily Progress on February 14, 1994 and February 21, 1994.)
Mr. Benish said the Virginia Department of Housing and Community Develop-
ment administers the federally-funded Community Development Block Grant
Program (CDBG) . These funds are available to localities, on a competitive
basis, to implement a wide variety of housing and community improvement
projects. Prior to submission of an application for CDBG funding, a hearing
must be held to solicit public input on community development and housing
needs in the County.
The staff report (on file) provides some potential projects which could be
funded through the CDBG program. Also provided is a description of the past
use of funds, information on the amount of funds available, the benefit to
March 2, 1994 (Regular Day Meeting) 000028
Page 12
low- and moderate-income persons, eligible activities and plans to minimize
displacement.
Mr. Benish said after receiving public comment, it is recommended that the
Board of Supervisors indicate which project, if any, will be submitted to the
Virginia Department of Housing and Community Development for CDBG funding.
At 10:32 a.m., the public hearing was opened.
There being no one from the public to speak, the public hearing was closed
at 10:32 a.m.
Mr. Benish said staff recommends that the Board pursue a housing rehabili-
tation program effort through AHIP.
Mr. Bowerman made motion, seconded by Mrs. Humphris, to pursue a housing
rehabilitation progr'am effort through AHIP and that some be submitted to the
Virginia Department of Housing and Community Development for CDBG funding.
Roll was called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
Agenda Item No. 12. 10:30 a.m. - Public Hearing to consider requests for
funding under the Commonwealth of Virginia's Transportation Enhancement
Program. The Thomas Jefferson Memorial Foundation is requesting $1,292,096
for Phase II improvements to the Thomas Jefferson Parkway (Route 53) from
Route 20 to the entrance at Monticello. Ail non-Federal matching funds for
the project will be provided from private sources. (AdVertised in the Daily
Progress on February 21, 1994.)
Mr. Tucker said the Thomas Jefferson Memorial Foundation is seeking
funding through Virginia's Transportation Enhancement Program for Phase II of
the Thomas Jefferson Parkway. Phase I was funded through this same program in
1993. Total cost of Phase II is $1,615,120, of which $1,292,096 is requested
in the grant application and $323,024 will be contributed by the Thomas
Jefferson Memorial Foundation. Last year's application for Phase I was
endorsed by the County through Board of Supervisors' resolution.
This project was recommended in the Blue Ridge Neighborhood Study which
has been adopted by reference in the Comprehensive Plan. This was also listed
as a priority project for Enhancement Program funding in 1993 by the Board of
Supervisors.
Mr. Tucker said following public hearing, staff recommends the Board adopt
a resolution endorsing this project for Enhancement Program funding in 1994.
At 10:35 a.m., the public hearing was opened.
Mr. Will Rieley said also present is Mr. Dan Jordan, Director of Monti-
cello, and Mr. Peter Hatch, Director of Gardens and Grounds. Last fall, the
Thomas Jefferson Memorial Foundation was awarded $1.5 million in ISTEA
enhancement funds for the development of the Thomas Jefferson Parkway. The
broad, strong, local support of the project has been the key to the success of
Phase I application, including the strong support of this Board. This
application has two phases, Phase I for 1993 and Phase II for 1994. The
Thomas Jefferson Memorial Foundation is asking for endorsement and support
from this Board for Phase II of the development of the Thomas Jefferson
Parkway. It has only been a few months since the last presentation and this
Board has seen the full plan. He will remind the Board of what parts of the
plan are included in Phase II. The major elements are $480,000 in road side
landscape improvements, $450,000 in burial of overhead utility lines, $260,000
in accessible trail construction, and $61,000 for the creation of the park and
arboretum.
Mr. Rieley said this is not a new application, but is part two of a two
part application. The amount requested for Phase II is exactly the same
dollar amount as the amount request for Phase I. Phase II has been endorsed
by both the Metropol'itan Planning Organization (MPO) and the County's Archi-
tectural Review Board (ARB). Of the $1,615,120 cost for Phase II, $323,024
will be contributed by the Thomas Jefferson Memorial Foundation, and
$1,292,096 is requested for enhancement funding.
The Thomas Jefferson Memorial Foundation believes that the funding
received for this project last year demonstrates a strong endorsement on the
part of the Commonwealth Transportation Board, and its Advisory Committee, of
the vision for the Thomas Jefferson Parkway. Funding for Phase II of the
project from the Transportation Enhancement Program will ensure that vision
becomes a reality.
There being no one else from the public to speak, the public hearing was
closed at 10:39 a.m.
Mrs. Humphris made motion, seconded by Mrs. Thomas,. to adopt a Resolution
(set out below) to request the Commonwealth Transportation Board to establish
a project for the improvement of the Thomas Jefferson Parkway (U.S. Route
March 2, 1994 (Regular Day Meeting) 000039
Page 13
53) - Phase II. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
RESOLUTION
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request
by resolution be received from the local government or state
agency in order that the Virginia Department of Transportation
program an enhancement project in Albemarle County.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors
of Albemarle County, Virginia, does hereby request the Common-
wealth Transportation Board to establish a project for the im-
provement of the Thomas Jefferson Parkway (U.S. Route 53) - Phase
II~ and
BE IT FURTHER RESOLVED, that the Thomas Jefferson Memorial
Foundation (on behalf of Albemarle County) hereby agrees to pay
twenty percent of the total cost for planning and design, right of
way, and construction of this project, and that if Albemarle
County subsequently elects to cancel this project, Albemarle
County hereby agrees to reimburse the Virginia Department of
Transportation for the total amount of the costs expended by the
Department through the date the Department is notified of such
cancellation.
Agenda Item No. 13. Discussion: Hollymead Growth Area Expansion.
Mrs. Thomas made a statement regarding a possible Conflict of Interest.
She received advise from the Commonwealth's Attorney that she has an interest,
in that her husband is an employee of the University of Virginia and she has a
part-time hourly contract with the University of Virginia and it is largely
because of her husband's situation that she would join a group of employees
and spouses who are employed by the University of Virginia and have an
interest, but she is able to participate in this transaction, fairly, objec-
tively and in the public interest.
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. This request is to
determine which of the deferred Comprehensive Plan Amendment applications in
the Hollymead Community can be reviewed immediately and scheduled for public
hearing and which should be reviewed in conjunction with a more extensive
analysis of Growth Area expansion.
There are three requests which are as follows:
University Real Estate Foundation (UREF) - Request to include within the
Hollymead Community approximately 285 acres located west of Route 29,
north of the existing Growth Area to the North Fork of the Rivanna River,
and west to Route 606. The request is for industrial service land use
designation to permit the development of a 525 acre research office park.
UREF presently owns 240 acres of adjacent property to the south zoned PD-
IP, Planned Development-Industrial Park, and LI, Light Industrial. All
properties are to be developed under one consolidated plan. This property
is not in the alignment of any proposed Meadow Creek Parkway (or other
major road) alternatives. It is recommended that this application be
reviewed immediately and scheduled for public hearing for inclusion in the
Hollymead Community Growth Area.
Donald Brown/Terry Spaid - Request to add approximately 35 acres to the
Hollymead Community for iow density residential use. The property is
located east of the existing Growth Boundary and west of Route 649
(Proffit Road). It is recommended that this application be reviewed in
conjunction with the comprehensive review of Growth Area expansion.
Kessler Group - Request to add approximately 100 acres to the Hollymead
Community for low density residential use. The property is located north
of Route 643 (Polo Grounds Road), east of the Hollymead Community Boundary
and west of the Norfolk-Southern Railroad. This property would be
developed as part of the Forest Lakes development, it is recommended that
this application be reviewed independently for inclusion in the Hollymead
Community Growth Area, upon resolution of the Meadow Creek Parkway.
Mro Cilimberg said the Planning Commission, at its meeting on February 1,
1994, made two motions regarding the above-noted issue which failed due to tie
votes. The first motion to take up the proposed Hollymead expansion requests
and comprehensive growth area expansion with the full review of the Comprehen-
sive Plan failed by a 3-3 vote. The second motion, to go forward with the
specific request for expansion from the University Real Estate Foundation
(UREF), also failed by a 3-3 vote.
March 2, 1994 (Regular Day Meeting) 000040
Page 14
Mrs. Humphris said page three of the staff report states that water
service can be provided through a number of means, including the utilization
of Chris Greene Lake as an impoundment area in conjunction with continued use
of the North Fork Treatment Plant or utilization of the existing urban system.
She is not sure how staff can state that as justification, given the fact that
there is a bathymetric study to be undertaken on the South Fork and there is
no idea what volume of water it can contain now. There is the question of
adding the flashboards which may not be feasible to do. With the expense of
having to move forward the Buck Mountain Reservoir, the whole issue of Chris
Greene Lake is going to have to be reviewed during the total review of the
Comprehensive Plan because of the importance of water supply versus recre-
ational area. She did not agree with that statement.
Mr. Cilimberg said staff had consulted on several occasions with the
Albemarle County Service Authority (ACSA) and Rivanna Water and Sewer Authori-
ty (RWSA) as to what Growth Area Expansion would mean to the utilities, both
water and sewer. Staff was advised by the ACSA and RWSA that the UREF request
could be served by water as existing supplies allow and that there was
sufficient supply there.
Mr. David Benish, Director of Community Development, said as far as
utilities, water and sewer, there will be a need to upgrade the system to
support the existing area that had not been designated in the basin area.
There is an assumption that improvements are going to have to be made to serve
what has already been designated. Within the conception of this expansion
there is an ability to serve the additional area with the upgrading of those
facilities.
Mr. Cilimberg said the Towers Land Trust is across the road and is an area
that will also have to be served, but has already been brought into the growth
area by water and sewer. This basically means looking at the whole Growth
Area north of Proffit and Airport Road. For what has already been identified,
there is going to have to be certain services provided that would allow UREF's
additional property to be brought in under those improvements.
Mrs. Humphris said since she met with people from UREF, she has been
pondering two issues. The first issue is that she understands why UREF would
like to add this acreage to the growth area, its immediate wants and needs,
but when she tried to analyze all of that, she came to the conclusion that if
this was to be done, this Board would be saying that the University of
Virginia's ability to comprehensively plan comes before Albemarle County's
ability to comprehensively plan because it would be getting to do what it
wanted much earlier in the process and this Board would not get the opportuni-
ty to deal with the Hollymead Growth Area as a whole and comprehensively. She
feared that requests would be taken out of the process, as was done with the
mystery company, which came to nothing, the mobile home park which she
supported but which was taken out of order and the Towers Land Trust. Taking
these requests out of order just shows her that the process is not really
working anymore. The other problem is that she is confused about the intended
use for the additional acreage. At one time, she thought that the result of
the additional acreage would be that there would be no more impact as far as
square footage of building built, and therefore, employees, if that area were
added to the growth area then there would be if the University still had just
the southern part to be developed. She now believes that what the University
meant to say is that there would be no more impact, square footage wise, than
what there could have been in the southern part. She asked if there will be
more impact than there would have been if just the southern area were devel-
oped and if it is spread over the additional 285 acres or no more than there
would have been.
Mr. Cilimberg said in the prior discussions which go back several years,
there was discussion of what theoretically could be in the southern area and,
instead the University would be doing it over the entire area. In this point,
going back and considering this individually, staff will have to reconstruct
all of that and talk to them about what it is looking to do in land use.
Staff is not asking this Board to approve an expansion, but suggesting moving
forward with this consideration. All of these things would still need to be
worked out. The utilities would still need to be decided on as well. A
public hearing process would still need to be done. Staff is simply asking
whether this Board is ready to go through this process. The square footage
issue would still be taken up as part of this consideration. He does not know
where L/REF stands now on what it wants to do in overall square footage.
Mrs. Humphris said it is important to her to know whether moving forward
will accelerate the impact on the County once the process is put into place.
Mr. Cilimberg said this request would go forward the same way the other
amendments went forward. This Board would have to look at the particular
amendment as to its effect on infrastructure, land use request and decide
whether the Comprehensive Plan should be amended.
Mr. Marshall said the Comprehensive Plan is nothing but a guide. Ail
rules must be bent in certain instances for the benefit of certain reasons.
He feels this Board needs to consider this request now for the jobs it will
bring into the County in the future. There are people who are interested in
locating in this area and this County will lose that interest if something is
not done. This County has an underemployment problem. (Mr. Bowerman left the
meeting at 10:55 a.m.)
March 2, 1994 (Regular Day Meeting) 000041
Page 15
Mr. Martin said this has been a big consideration for him because it is in
his district and close to where he lives which makes it a very important issue
to him for a lot of perspectives. When he became of member of this Board, the
issues important to him were schools, police, housing and family. (Mr.
Bowerman returned to the meeting at 10:58 a.m.) Family and housing are
interconnected to him because he feels to own a home is one of the most
important things a person can do. Housing has to be approached from two
different ways, reducing the prices of housing (which this Board has done
through accessory apartments) and increasing the amount of wages so a person
can afford a home. He agrees with Mr. Marshall about the job issues and feels
this is an issue which concerns jobs. More importantly, since he has been a
member of this Board, the press has tried to label him as "pro-growth" which
he is not, but he is concerned that this County grows in a balanced manner,
not for retail sectors, but other sectors. He has tried to look at both sides
of the issue and balance them. He has voted for many things that protect the
rural areas, and the beauty of Albemarle County (i.e., Open Space Plan) and
looks at the Jacobs Run issue which came before the Board this morning and has
heard for the last two years how things should be postponed until the Compre-
hensive Plan Amendment is reviewed, but over the last two years, it seems that
the review has continued to move forward. When he was first elected to this
Board, the Comprehensive Plan was in the process of being reviewed and now,
two years later, the Comprehensive Plan still has not been reviewed. In the
course of this two years, this Board has made decisions like Jacobs Run where
it may have been a good idea to wait until the Comprehensive Plan was reviewed
because it will have an impact, but this Board has decided that there are some
issues that will have to be reviewed separately. He feels this is one of
those issues. Staff is supporting this and if the rural areas are to be
protected, the prices of housing affordable, reasonable rent and affordable
land, there has to be growth somewhere. He has been voting to protect the
rural area. The people from Hollymead are not present today to complain about
growth in that area. He has not received one complaint from a constituent
about growth in this area. This is the most logical place for growth. If he
is to continue to vote to protect the rural area, he has to be able to
increase the growth areas. He does not feel there is a good reason why this
Board cannot go forward with this request. This Board has to move along and
cannot stop everything until the Comprehensive Plan is reviewed. He thinks
this Board needs to move forward and this is the place to move forward.
Mr. Martin then made motion to direct the Planning Commission to proceed
to public hearing on a request from the University Real Estate Foundation to
include approximately 285 acres located west of Route 29, north of the
existing Growth Area to the North Fork of the Rivanna River, and west to Route
606, within the Hollymead community, and to forward its recommendations to the
Board at its earliest convenience, review the Donald Brown/Terry Spaid
application to add approximately 35 acres to the Hollymead Community for low
density residential use in conjunction with the comprehensive review of the
Growth Area expansion, and the Kessler Group application to add approximately
100 acres to the Hollymead Community for low density residential use be
reviewed independently for inclusion in the Hollymead Community Growth Area,
upon resolution of the Meadow Creek Parkway.
Mrs. Humphris said Mr. Steve Runkle is present and said the Kessler Group
is now wondering about its situation because they are another group that has
been held up because of the Meadow Creek Parkway. In her discussions with
people of the Kessler Group, it has an idea that regardless of the Meadow
Creek Parkway, they need to be able, because of their schedule of development
in the other part of their property, to know approximately when they will be
able to get to their planning so they can coordinate the property. They are
willing to work with staff on any eventuality of the Meadow Creek Parkway.
She does not know if this is possible or not, but she is thinking that it is
only fair if this Board is willing to work with one group that is on hold,
that it goes ahead and works with other groups that are on hold. She does not
know if, because of the Meadow Creek Parkway, it is possible to do this in a
way that will allow the Kessler Group to comprehensively plan its land for
development. The Kessler Group indicated that it will need, in approximately
two years, to be able to construct more houses and will have run out of sites
for single-family homes. She feels if this is going to be done, it should be
fair. She has not felt, in the past, that this Board has been fair in the way
it has dealt with these issues.
Mr. Bowerman said Towers and any additional development in the airport
area will affect the Meadow Creek Parkway. All of these requests are part of
the information that the Board needs. He feels this Board is directing the
Planning Commission to review the information and take to public hearing the
UREF proposal only.
Mrs. Humphris said she is suggesting that the motion be amended to include
the Kessler Group.
Mr. Marshall said he is not sure that this is a good idea. He does not
want UREF to lose out on their request because some developer down the road
may want to go forward with its request.
Mr. Martin then amended the motion to direct the Planning Commission to
proceed to public hearing on a request from the Kessler Group to add approxi-
mately 100 acres to the Hollymead Community for low density residential use.
March 2, 1594 (Regular Day Meeting) 000042
Page 16
Mrs. Thomas said she feels that when the Planning Commission ties on a
vote twice, it opens itself to more direction than it would have had if a
recommendation had been forthcoming. She agrees with the motion, but has some
thoughts that the sort of things that should be considered are numerous. It
appears that rather than taking the Comprehensive Plan requests out of phase,
this is a prototype for the Comprehensive Plan update in a lot of areas. It
is the kind of thinking that the Planning Commission will have to go through
and may be easier for it to begin in this area and realize this is how it will
begin with growth areas throughout the Plan. Rather than regarding this as a
breaking down of the process, this is getting its feet in the water and
beginning the process (i.e., the impact on water sources that have been
discussed including Chris Greene Lake, the impact of extension of Powell Creek
sewer and Camelot sewer systems, total.increase in industrial square footage,
inclusion in the Comprehensive Plan of standards for industrial jobs to meet
so that they are an asset to the area, question of a parallel road along Route
29, need for a park and ride facility in the area, greenway development,
passive, recreation protection of environmental resources along the North Fork
Rivanna stream valley, alignment of access onto Route 29 north with access
point to the northeastern portion of the Hollymead community, timing of the
Comprehensive Plan change in relation to the Fiscal Impact Tool and regional
need for this increased industrial space.)
Mr. Bowerman said he feels that all of the examples are implicit.
Mrs. Humphris said she hopes that the Planning Commission would have
thought of each of those examples mentioned.
Mrs. Thomas seconded the motion as amended.
There being no further discussion, roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
(Note: At 11:09 a.m., the Board recessed, and reconvened at 11:22 a.m.)
Agenda Item No. 13a. Work Session: Noise Ordinance.
Ms. Amelia McCulley, Zoning Administrator, said the need to review noise
regulation arose with recent land use proposals. Review of unique uses
through special permit and site plan, such as the outdoor theater and the
Boar's Head tent, brought citizen concern about noise impact on them. Each
case illustrated the need to determine how best to prohibit excessive noise
through appropriate level standards, training, equipment and pre-planning for
development.
On November 3rd, staff reported the continuing efforts to review community
noise regulations and since that date, has evaluated the public's needs with
respect to the current regulations. Staff examined the various policy, legal,
technical and fiscal issues associated with noise regulations. Staff recom-
mends setting a public hearing for revision of the Noise Ordinance in the
County Code.
Noise complaints are not a frequent occurrence for either the Police
Department or the Zoning Department. Most are resolved through negotiation
and mediation. Increasing development, residential and non-residential, will
likely cause an increase in complaints.
Noise regulation in Albemarle is currently limited to these instances of
maximum levels:
Nighttime noise in residential areas (nighttime 11 pm - 6 am) shall not
exceed 65 dBA (County Code);
Noise anytime from a motor vehicle shal~ not exceed 76 to 90 dBA (County
Code);
Noise anytime from industrial uses, sawmills, hydroelectric power genera-
tion, and home Occupations, to be certified for the County Engineer
(Zoning Ordinance Sec.4.14);
Nighttime noise in the Zoning Ordinance from clubs, lodges, fire and
rescue facilities; Noise anytime from commercial kennels, veterinary
hospitals, swimming and outdoor recreation facilities (5.1);
Average day/night interior levels in the Zoning Ordinancefor airport
overlay district from 45-70 Ldn (Sec.30.2.5.1); and
Noise anytime from peak pressure blast for natural resource extraction
district in the Zoning Ordinance of 140. dBA (Sec.30.4.14) .
Staff conducted a survey of nine Virginia localities and five from other
states, to see how noise regulation is handled. The findings are on file in
the Clerk's office and summarized as follows:
· Most regulation is within the code as opposed to the zoning ordinance;
· The Police/Sheriff are the enforcing agents in almost every case;
· Most noise regulations contain a "nuisance" component for enforcement, in
addition to objective noise levels;
· Most localities defined day and night for residential area standards. The
most frequent range for the nighttime standard was 10 pm-7 am. The
March 2, 1994 (Regular Day Meeting)
Page 17
000043
nighttime started as early as 7pm in some localities and as late as
midnight in others;
Levels were most often simple continuous standards; however, some ordi-
nances had separate standards for impulse noise. The maximum permitted
noise levels were found to be:
Residential: (of 10)
Day:
Night:
Average 61.35 = 60 decibels (range 55-70)
Average 56.41 = 55 decibels (range 52-70)
Commercial: (of 6)
Day/Night: Average 64 (Day range 60-67); (Night 59-69)
Industrial: (of 6)
Day/Night: Average 74 (70 most frequently used)
The extent and complexity of noise regulation varied widely. Several
localities have produced site design guidelines for noise attenuation. Some
regulations extended to allowable hours and/or noise levels for load-
ing/unloading, construction and small power equipment (lawn mowers, etc.).
Because these noise sources are rarely instances of complaint, staff does not
recommend that they be specifically addressed and remain exempt.
Due to the difficulties of certifying equipment and taking empirical noise
measurements, the County Attorney's office advised staff to consider a non-
objective, or nuisance ordinance. This ordinance has been upheld in prosecu-
tion of cases, if worded properly. The draft ordinance includes nuisance
language. However, staff does not recommend deleting all references to noise
levels. They can stand as defined parameters for the enforcing agent with the
meter in the field and for the designer of a project.
Analysis of the current regulations with regards to the community noise
issues led to these conclusions:
1. The County Code regulation for residential areas permits higher noise
levels and a later nighttime than almost every locality surveyed.
2 o
The Zoning Ordinance for outdoor noises (40 decibels maximum) is impracti-
cal and is significantly below that of other localities surveyed. A
demonstration of noise levels inside an office at around 40 decibels, or
higher with HVAC equipment, proves this point.
3. The nuisance language which has effectively won cases should be included
within County regulations.
4. There is no evidenced need for a comprehensive amendment for additional
regulation.
5o
There is need for more advanced equipment and training, to address noise
sources such as new land uses. (This is included as a budget request for
next fiscal year.)
Staff offers these potential options:
I. Make no changes to any regulation (Code or Ordinance);
II.
Make minor changes to insert appropriate noise levels to Code and Ordi-
nance;
III.
Make moderate revisions to incorporate most noise regulations into the
County Code: address noise levels and nuisances, clarify several
procedures and definitions, and "grandfather" pre-existing uses;
IV.
Do a comprehensive revision to noise regulations to repeal old sec-
tions, and in addition to III, preceding to further regulate items such
as loading, noise sensitive areas, etc.
Of these, staff recommends III. The draft ordinance is for further staff
review. In addition, prior to a public hearing on the ordinance, staff will
meet with interested citizens.
Ms. McCulley said Lt. Earl Newton with the Albemarle County Police
Department is present and can report on noise complaints. He has run a check
through the data base to find the number of complaints and what the general
sources are. The Police Department receives an average of one or two com-
plaints per day and usually in the character of loud parties, barking dogs,
etc. These occurrences typically happen in dense situations, i.e., apartment
complexes. Noise complaints are not a big issue for the Police Department and
most are resolved through negotiation and do not have to go to court.
Ms. McCulley said Mr. David Easton with the Environment Health and Safety
Division at the University of Virginia, is an industrial hygienist and has
served as the County's technical advisor. He has been careful to give
March 2, 1994 (Regular Day Meeting)
Page 18
0OO044
assistance in understanding the science of noise and noise levels of this
community. He and Ms. Marcia Joseph, Design Planner, are going to give a
demonstration.
Ms. Joseph said the first demonstration is silence. Mr. Easton said the
average rating has been 45 decibels and this room is out of compliance in
terms of the 40 db commercial standard. The meter is picking up the noise of
the heating and ventilation air conditioning system, some outdoor noise and
squeaks. In the report submitted by Ms. McCulley, Attachment A, states that a
typical quiet office is in the 40 decibel A weighted range which is what was
just demonstrated.
Ms. Joseph said that while Mr. Easton was talking, the level on the meter
went much above 40 and was reading at 50 to 52 decibels which is out of
compliance with the Ordinance.
They demonstrated some light noise, i.e., static from a radio. The static
from a radio (light noise) is reading at 51 decibels.
Mr. Easton said 'the device he brought has the ability to average the noise
level throughout an extended period of time. He turned it on when it was
first set up at the beginning of the meeting and throughout this meeting, the
average decibel level has been approximately 62 decibels.
Another demonstration that had been planned was to open the window and
listen to traffic and background noises. The traffic noises are muffled today
due to the weather. The other day the meter read traffic noise at 65 deci-
bels. Today, with the muffling from the snow it is reading 53 decibels.
Mr. Easton said based on these quick measurements, it is easy to see that
40 decibels is an unreasonable value and 65 decibels is tough to stay below
under certain circumstances.
Mr. Bowerman asked if the energy involved at 80 decibels is twice that of
40 decibels or five times as annoying as 40 decibels. Mr. Easton said the
term decibel means that if you take 10 times the logarithm and when you add
logarithms you are actually multiplying and it is a term of exponents because
the energy level, power level or sound pressure level come into application
when discussing noise. Noise is actually a perturbation of the pressure in
the air molecules that reach your ear. This is measured in terms of a stan-
dard, basic pressure, then the pressure measured and the difference of that is
taken as a logarithm and multiplied by ten or twenty. The range from the
smallest perceptible noise to the largest measurable noise, if put on a chart
of paper, the paper would be 50 yards long. In order to discuss these values
properly, it must compressed in terms of logarithms. When you take a 90 db
source, and set it in the center of the room and measure it, if an identical
noise producing source is brought in and set beside the first source, the
measure would then read 93 db, because three is the logarithm of two which is
the doubling.
Mr. Bowerman said with an earthquake, a magnitude eight is ten times more
powerful than a seven. Mr. Easton said a magnitude 80 db is ten times as loud
as a magnitude 70 db.
Ms. Joseph then gave one more example with music. Mr. Easton said when
one accounts for background noise, it can be significant. To subtract for the
background noise, you do not just subtract. To take these measurements
reliably is a complex issue.
Mr. Easton said there was a 52 to 53 db reading before, with the back-
ground of traffic noise, etc. The reading did not increase with the music
being turned on.
Ms. McCulley then repeated staff's recommendation to make moderate
revisions to incorporate most noise regulations into the County Code: address
noise levels and nuisances, clarify several procedures and definitions, and
"grandfather" pre-existing uses. The uses approved under the prior Ordinance,
i.e., Outdoor Theater, Boars Head tent, be allowed to fall within the new
ordinance. There is no rationale to distinguish a use that would have been
approved before this regulation, from that which would have been approved
after the regulation went into effect.
Mr. Martin asked if those uses were approved at lower decibel levels. Ms.
McCulley said "yes.''' Mrs. Thomas said it would be unenforceable. Mr. Martin
said he does not feel this is a good idea. He does not feel this Board should
increase something that this Board has already voted on.
Mr. Marshall said if the decibel level is increased in the County Code and
Zoning Ordinance and previous requests which were approved with conditional
decibel levels were increased, this Board would only be realistic. Mr.
Bowerman asked if it were possible for the County to be overturned in court
with a 40 decibel reading. Ms. McCulley said this is staff's concern because
it is not sure that this is a practical decibel level to regulate.
Mr. Bowerman asked since it is not practical, what the difficulty is if
this Board decided on a higher standard. Mr. Martin said to increase a
decibel level that was agreed upon by this Board will cause a lot of phone
calls and letters from the public. He does not feel this is worth the effort.
March 2, 1994 (Regular Day Meeting)
Page 19
000045
Mr. Marshall said he is looking at this from a practical standpoint. Ms.
McCulley has stated that the regulations currently in place are unreasonable.
Mr. Tucker said this Board did not have this information at the time it
made its decisions on these other requests.
Mrs. Thomas said she feels if it is impractical and unenforceable to say
what was done before is not a strong support.
Mr. Bowerman said a number of uses have been approved over the past five
or ten years which have a decibel reading included in the approval and the
uses are varied. If a higher noise level standard were adopted, it would
logically have to apply to everything, not just the Boar's Head tent and
Outdoor Theater, but it would be an across-the-board approval. He asked if
this is a correct interpretation. Ms. McCulley said she does not agree
because there are certain uses that just by the character of the noise they
generate, i.e., sawmill, commercial kennel with barking dogs, should still
have to comply with 40 decibels. Mr. Bowerman said it seems that with the
demonstration, 40 decibels may be an unreasonable level for even those uses
just stated, which have a nuisance potential. He asked if a higher decibel
level is allowed fo~ that, if there were objections, would the nuisance
ordinance come into play. Ms. McCulley said "yes." Mr. Bowerman said he does
not see how this Board could go back and apply the new regulation to Boar's
Head tent and Outdoor Theater and not apply it to everything, unless there is
some consistent standard. If it is recognized that the level is not high
enough or set too low and unreasonable, the only way this Board can control
other uses is through the addition of the nuisance level.
Mrs. Humphris said she is concerned about changing the requests and uses
that were already approved at certain decibel levels because she may not have
voted to approve some of these requests if a higher noise level were in place.
She feels this may have overturned some of the decisions this Board made.
Various and difficult decisions were made based on an understanding that a
noise level would not impose infringement on neighbors and the decision may
have been different had there been a different noise standard. She feels
people will be upset if it is changed now, after-the-fact.
Mr. Marshall said two wrongs do not make a right. He does not totally
disagree with Mr. Martin and Mrs. Humphris, but it is not right.
Mrs. Thomas made motion, seconded by Mr. Martin, to adopt the following
Resolution of Intent. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, does hereby state its intent to amend the
Albemarle County Code in Section 12.1, by making moderate revi-
sions to incorporate noise regulations.
Agenda Item No. 14a. Appropriation: Teacher Incentive Grants for Stony
Point Elementary School from the Virginia Commission for the Arts, $900
(Form #930053).
Mr. Tucker said the appropriation of three Teacher Incentive Grants for
Stony Point Elementary School are from the Virginia Commission for the Arts:
1) Photography Project for $300.00; 2) Living African-American Tales Project
for $300.00 and 3) Personal Expression for $300.00. The Teacher Incentive
Grant Program has been established to help strengthen the quality of arts
education in the schools and to encourage innovative projects which integrate
the arts into the basic curriculum of the classroom.
Mr. Martin made motion, seconded by Mrs. Thomas, to adopt the following
Resolution of Appropriation in the amount of $900 for three Teacher Incentive
Grants for Stony Point Elementary School from the Virginia Commission for the
Arts. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
FISCAL YEAR:
NUMBER:
FUND:
PURPOSE:
1993/94
930053
VEA STONY POINT
FY 93/94 GR3kNT FUNDING.
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION
AMOUNT
1310460211312500
PROF SERVICES-INSTRUCTIONAL
TOTAL
$ 900.00
$ 900.00
March 2, 1994 (Regular Day Meeting)
Page 20
000046
REVENUE DESCRIPTION AMOUNT
2310424000240259
2310424000240260
2310424000240261
GP3~NT ~94-0746
GRAlqT #94-0749
GRANT #94-0752
300.00
300.00
300.00
TOTAL $ 900.00
Agenda Item No. 14b. Appropriation: G. E. Extra Curricular and Science
Grant, $8502.04 - (Form $930054) .
Mr. Tucker said this is the reappropriation of the remaining fund balance
for the G. E. Extra .Curricular and Science Grant. The grant had a fund
balance of $8,502.04 at the end of the 1992-93 fiscal year. The funds will be
used to defray the cost of the Middle School Extra Curricular Science Program.
This program brings teachers, parents, students, and GE Engineers together to
pursue an integrated Science experiment and project.
Mr. Martin made motion, seconded by Mrs. Thomas, to adopt the following
Resolution of Appropriation in the amount of $8502.04 to reappropriate the
remaining fund balance for the G.E. Extra Curricular and Science Grant. Roll
was called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
FISCAL YEAR:
NUMBER:
FI/ND:
PURPOSE:
1993/94
930054
G.E. SCIENCE GRANT
FY 93/94 GRANT FUNDING.
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1320631311601300
REVENUE
INST/REC. SUPPLIES $ 8,502.04
TOTAL $ 8,502.04
DESCRIPTION AMOUNT
23206510005101.00
GRANT FUND BALANCE $ 8,502.04
TOTAL $ 8,502.04
Agenda Item No. 14c. Appropriation: Teacher Incentive Grant for Western
Albemarle High School from the Virginia Commission for the Arts, $300 - (Form
#930055).
Mr. Tucker said this is an appropriation of a Teacher Incentive Grant for
Western Albemarle High School for the Virginia Commission of the Arts in the
amount of $300.00. The grant was established to help strengthen the quality
of arts education in the schools and to encourage innovative projects which
integrate the arts into the basic curriculum of the classroom. The goal of
this project is to allow advanced art students at Western Albemarle High
School to interview community artists and record their studios in an effort to
understand their philosophies, their vision and how their choices led them to
art as a career. (A camera, tape recorder and/or video camera will be
provided to record information.) This group of advanced art students will
influence other art students, non-art students and teachers with their
presentations during the school year.
Mr. Martin made motion, seconded by Mrs. Humphris, to adopt the following
Resolution of Appropriation in the amount of $300 for a teacher incentive
grant for Western Albemarle High School for the Virginia Commission of the
Arts. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
FISCAL YEAR:
NUMBER:
FLrND:
PURPOSE:
930055
TEACHER INCENTIVE GR3~NT
FY 93/94 GRANT FUNDING.
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION
AMOUNT
1310460302312500
REVENUE
PROF SERVICES-INSTRUCTIONAL
TOTAL
DESCRIPTION
$ 300.00
$ 300.00
AMOUNT
2310424000240263
GRANT %94-0754
TOTAL
$ 300.00
$ 3O0.O0
March 2, 1994 (Regular Day Meeting)
Page 21
Agenda Item No. 14d. Appropriation:
- (Form 930056).
000047
Eisenhower/Title II Mini Grant, $845
Mr. Tucker said this is an appropriation of the Eisenhower/Title II Mini
Grant. The Eisenhower/Title II State member team from Brownsville Elementary
School to the National Council of Teachers of Mathematics (NCTM) Regional
Conference in Richmond. In-service sessions will be conducted for school
staff upon the team's return.
Mr. Martin made motion, seconded by Mrs. Thomas, to adopt the following
Resolution of Appropriation in the amount of $845 for an Eisenhower/Title II
Mini Grant. Roll was called and the motion carried by the following recorded
vote:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
1993/94
930056
TITLE II MINI-GRANT
FY 93/94 GRANT FUNDING.
FISCAL YEAR:
NUMBER:
FUND:
PURPOSE:
DESCRIPTION AMOUNT
AYES:
NAYS:
EXPENDITURE
COST CENTER/CATEGORY
1320363347550300
1320363347580500
TRAVEL-OUT OF COUNTY
STAFF DEVELOPMENT
$ 665.00
180.00
TOTAL $ 845.00
REVENI/E DESCRIPTION AMOUNT
2320333000330200
TITLE II MINI-GRANT $ 845.00
TOTAL $ 845.00
Agenda Item No. 14e. Appropriation: SLIAG Program, $1447.03 - (Form
#930057).
Mr. Tucker said this is a reappropriation of the remaining fund balance
for the SLIAG Program. The grant had a fund balance of $1,447.03 at the end
of the 1992-93 fiscal year. The funds will be used to provide family literacy
services to migrant and Chapter I students and their families.
Mr. Martin made motion, seconded by Mrs. Humphris to adopt the following
Resolution of Appropriation in the amount of $1,447.03 to reappropriate the
remaining fund balance for the SLIAG program. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
FISCAL YEAR:
NI/MBER:
FUND:
PURPOSE:
1993/94
930057
SLIAG PROGRAM
FY 93/94 GRANT FUNDING.
EXPENDITURE
COST CENTER/CATEGORY
13110633801321'00
1311063380210000
1311063380550100
1311063380601300
DESCRIPTION AMOUNT
P/T WAGES-TEACHER $ 1,000.00
FICA 76.50
TRAVEL-MILEAGE 170.53
INST/REC. SUPPLIES 200.00
TOTAL $ 1,447.03
REVENUE DESCRIPTION AMOUNT
2311033000300001
SLIAG PROGRAM $ 1,447.03
TOTAL $ 1,447.03
Agenda Item No. 14f. Appropriation: Teacher Incentive Grant for the
Math/Science Center from the Virginia Commission for the Arts, $300 - (Form
#930058).
Mr. Tucker said this is an appropriation of the Teacher Incentive Grant
for the Math/Science Center from the Virginia Commission for the Arts in the
amount of $300.00. The grant was established to help strengthen the quality
of arts education in the schools and to encourage innovative projects which
integrate the arts into the basic curriculum of the classroom. The goal of
this project, integrating art and geometry on a sixth grade level, is to
develop the understanding and realization of how society influences art and
mathematics, and how the two are related.
Mr. Martin made motion, seconded by Mrs. Humphris, to adopt the following
Resolution of Appropriation in the amount of $300 for the Teacher Incentive
Grant for the Math/S'cience Center form the Virginia Commission for the Arts.
March 2, 1994 (Regular Day Meeting)
Page 22
Mrs. Humphris asked for a report on the results of this project.
There being no further discussion, roll was called and the motion carried
by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
FISCAL YEAR:
NUMBER:
FUND:
PURPOSE:
1993/94
930058
VEAMATH/SCIENCE GRANT
FY 93/94 GRA~T FUNDING.
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1310460000312500
REVENUE
PROF SERVICES-INSTRUCTIONAL $ 300.00
TOTAL $ 300.00
DESCRIPTION AMOUNT
2310424000240262
GRANT #94-0856 $ 300.00
TOTAL $ 300.00
Agenda Item No. i4g. Appropriation: Rio Road Sidewalk Project,
$7122.37 - (Form #930059).
Mr. Tucker said the County originally approved $92,800 for the Rio Road
Sidewalk Project as part of the State Revenue Sharing Program. This project
was thought to have been completed with the County cost being $58,876.11. The
remaining $33,923.89 reverted back to the CIP Fund Balance and was made
available for other projects. VDoT has an internal audit process that
apparently revealed additional costs associated with this project and has
billed the County an additional $7,122.37. All projects performed by VDoT are
subject to this type of audit adjustment, however, this is the first time
there has actually been an actual adjustment.
Mr. Tucker said staff recommends approval of this appropriation in the
amount of $7122.37.
Mr. Martin made motion, seconded by Mrs. Humphris, to adopt the following
Resolution of Appropriation in the amount of $7,122.37 for three TeaCher
Incentive Grants for Stony Point Elementary School from the Virginia Commis-
sion for the Arts. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
FISCAL YEAR:
NUMBER:
FI/ND:
PURPOSE:
930059
CAPITAL
BALANCE DUE TO VIRGINIA DEPARTMENT OF TRANSPORTATION
FOR RIO ROAD SIDEWALK PROJECT
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1900041000950038
REVENUE
RIO ROAD SIDEWALK $ 7,122.37
TOTAL $ 7,122.37
DESCRIPTION AMOUNT
2900051000510100
CIP FUND BALANCE $ 7,122.37
TOTAL $ 7,122.37
Agenda Item No. 15. FY 1994-95 Capital Improvements Program Budget.
Mr.'Tucker said at the December 15, 1993, public hearing on the FY 1994-95
through FY 1998-99 Capital Improvement Program, the Board requested that the
FY 1994-95 CIP budget be approved prior to the operating budget work sessions.
The material (on file) presents a summary of the proposed capital projects for
General Government and the School Division, a sheet outlining the projected
revenues, and a description of the FY 1994-95 proposed projects.
The only changes that have been made since the public hearing are the
deferral of the expansions at Red Hill and Woodbrook Schools from FY 1994-95
to FY 1995-96 and the deferral of the new Northern Elementary School until FY
1998-99, based on the changes approved by the School Board at its February 14
meeting. The recommendations of the Long-Range Planning Committee concerning
the new high school project will be discussed by the School Board at its March
28 meeting to be forwarded to the Board of Supervisors in April.
Since deliberations with VDoT on the crosswalk at Western Albemarle High
School have not been completed, the full $120,000 previously estimated for the
crossing option is still in the CIP, although the final dollar amount should
000049
March 2, 1994 (Regular Day Meeting)
Page 23
be considerably lower. The revised number will be available prior to the
actual appropriation of funds for this project in June.
Removing the FY 1994-95 planning dollars from the Woodbrook and Red Hill
School projects reduced the proposed FY 1994-95 allocation by $610,000 for a
total FY 1994-95 CIP budget of $3.2 million.
Mr. Tucker said when the Board discussed Berkmar Drive, it was agreed that
this next year, because of trying to move forward Berkmar Drive and the urban
water transmission line, that all of the revenue sharing money would be used
to try and get the project at Berkmar Drive going. He wanted to confirm that
decision with the Board. The second item he wanted to bring to the Board's
attention was that Mr. Bowerman had mentioned a walkway on Old Brook Road
during the public hearing in the amount of $15,250. This was scheduled for
next fiscal year, 1995-96, but there was a consensus from the Board that this
would be moved forward to this next fiscal year. To do this, funds will have
to be shifted from the Board's contingency fund balance or increase the
general fund.
Mrs. Humphris said it was brought to her attention that there is a problem
with the fountain and brick wall deteriorating in the front of the County
Office Building. They are badly in need of repair. She talked with Ms.
Roxanne White, Executive Assistant, and was not sure where that request should
go in the operating budget. Mr. Tucker said there are funds in staff services
operating budget to cover this. Mrs. Humphris said this was a concern to her.
Mr. Bowerman said he wanted the public and the Board to understand that he
has a contract to purchase a piece of property at the corner of Berkmar Drive
and Rio Road for his business. In conversations with Mr. St. John about this
issue, specifically as it relates to Rio Road and Berkmar Drive improvements,
he was told that if, as a member of the general public, he receives no benefit
greater than the general public then he does not have a conflict. In this
particular case, Berkmar Drive Extended will increase the amount of traffic
flow through the location where he has chosen to locate his business and to
that extent he thinks he will be receiving more benefit than a member of the
general public. He is not sure how he should deal with the CIP in light of
this component.
Mr. Davis said by disclosing this personal interest and declaring that he
is a member of a group of property owners who would also receive that same
benefit, he can fairly and objectively vote on the matter and make that
determination public. Through the disclosure he can vote on the CIP.
Mrs. Thomas asked if the Board, except for her, discussed the CIP in
greater detail. Mr. Tucker said it was discussed during December, before Mrs.
Thomas' term began. Mrs. Thomas said she called the Board of Supervisors
office yesterday and was told that the computer system was down and this
brought to mind that throughout this, this Board is being as tight as it can
be with a number of requests, including the computer upgrade. This CIP does
not include the installation of air conditioning in the jail which will be
relevant to the discussion next on this Board's agenda. Throughout this CIP
there are requests that are not being met which she is sure is something that
the public is not aware of when the fiscal year budget is discussed. She
feels these decisions may be "penny wise and pound foolish."
Mr. Martin made motion, seconded by Mrs. Humphris, to approve the FY 1994-
95 Capital Improvements budget in the amount of $3,228,450 which includes
$15,250 for a walkway on Old Brook Road. Roll was called and the~motion
carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
PROPOSED FY 1994-95 CAPITAL IMPROVEMENT BUDGET
Administration and Courts
County Office Building ADA Renovations. Modifications
to County buildings to comply with ADA regulations,
which includes installing power doors, modifying
bathrooms, replacing door knobs, signage and lowering
counter sections to accommodate wheelchairs. Original
request was $158,950. Funded at 35 precent over a three
year period.
Replacement of Voting Machines. Replace all current
mechanical lever voting machines with direct recording
electronic voting machines. Current machines are old
and increasingly problem-ridden. Current estimate is
that a total of 56 machines will be needed at time of
project initiation for a total cost over a three year
period of $330,000.
$ 55,630
$109,000
000050
March 2, 1994 (Regular Day Meeting)
Page 24
County Computer Upgrade. To provide microcomputers and
central network connection for county staff. To provide
backup power system for mainframe equipment and key
central microcomputer network equipment. Original
request was $95,000. Funding reduction based on avail-
ability of revenues.
$ 65,000
Real Estate Appraisal System. The administration
assessment system is a comprehensive mass appraisal
system for accurate and defensible property values using
land, cost, market and income approaches. It will also
be a geographi~ system that integrates data bases with
computerized maps including tax maps, zoning districts,
etc. The total cost of the project is $225,000, $50,000
of which is funded in the FY 1993-94.
$100,000
Original FY 1994-95 request was $175,000 to complete
funding to purchase the system. Although the project is
not fully funded, a lease purchase arrangement may be
pursued in order to have the system in place in time to
begin using it for the next full reassessment cycle.
Health Department Clinic Wing. Addition of 8000 square
feet to health department facility and renovation of
existing space to meet increased demand for health care
services and resulting expansion in staff. This is the
second year of funding for a joint renovation project
already in progress. The City has funded its share.
$118,125
Jail ADA Compliance. To make structural changes to
remove barriers which currently limit handicapped
accessibility in the visitors area of the Joint Security
Complex.
$ 35,250
Fire, Rescue and Safety
Satelite Receivers. This is the second year of funding
to set up four receiver and message reply sites, which
will increase the reception to 95 percent of transmis-
sions to field officers with hand-held radios.
$109,000
Enhanced 911 Building Locator. Development of an
Enhanced 911 system, beginning with the installation of
a Building Locator System (BLS). The BLS will provide
an accurate, up-to-date reference of all locations in
the City of Charlottesville and Albemarle County from
which an emergency call can be received. Full funding
offset by revenues from telephone surcharge.
$ 82,020
Fire/Rescue Building/Equipment Fund. This building and
equipment fund is similar in philosophy to the Advanced
Allocation Fund with funds set aside each year for the
next five years. Funds will eventually be used to build
a fire station in either the western, southern or
northern urban ring and to purchase an aerial ladder
truck. Original request was $250,000 per year for a
total funding of $1,250,000. Annual funding reduced due
to lack of funds.
$150,000
Highways and Transportation
St. Ives Road Cul-de-Sac. At the time St. Ives Road was
accepted into the State Secondary System for mainte-
nance, a portion (bulb or cul-de-sac) was not included
in the legal description. Once deterioration from lack
of maintenance is corrected, VDoT will take over.
$ 7,100
Revenue Sharing Road Projects. Each year the County
participates in the Revenue Sharing Program in which the
State provides funds to match County funds for the
construction, maintenance or improvements of secondary
roads. The County has developed a list of roads which
are programmed for improvements with Revenue Sharing
funds. Currently, the County allocates its share to the
year the project is scheduled to begin construction.
Recommended usage of the revenue sharing monies is
$360,000 for Berkmar Drive and $140,000 for Hydraulic in
FY 1994-95.
$500,000
000055.
March 2, 1994 (Regular Day Meeting)
Page 25
Hydraulic/Rio Roads Bike Path & Sidewalk. In conjunc-
tion with the road widening projects: (1) install an
eight foot wide asphalt bicycle path on the north side
of Hydraulic Road from Whitewood Road to Greenbrier
Drive and on the north side of Rio Road from Greenbrier
Drive to Berkmar Drive; and (2) install a five foot
sidewalk on the south side of Hydraulic Road from
Whitewood Road to Greenbrier Drive and along the south
side of Rio Road from Greenbrier Drive and Route 29. It
is expected that all right-of-way costs, half of
construction costs, on all maintenance will be borne by
VDoT. This project will be in conjunction with the
widening of Hydraulic and Rio Roads. The Hydraulic Road
portion of this project has been completed by V DoT and
includes the construction of the bike path and sidewalk.
Since this project is being done in conjunction with the
widening of Hydraulic Road, it reflects minimal matching
funds in relation to the extent of the project.
$ 43,000
Landscaping along Route 250 East. Landscaping the area
disturbed by the VDoT improvements. Original request of
$13,000 reduced due to funding availablility.
Old Brook Road Walkway. Provide a continuous sidewalk
on the west side of Old Brook Road (Route 653).
Currently, sidewalks exist along the west side of Route
653 from Carrsbrook Drive south to Hearthglow Lane. To
provide a continuous sidewalk from Carrsbrook Drive to
Rio Road along Route 653 will require an additional 2100
feet of asphalt sidewalk to be constructed. Easements
must be obtained to cross five properties. Land
acquisition costs will be eliminated if the sidewalk is
built inside VDoT right-of-way, but the construction
costs would be greater due to curb and gutter that would
be required and sidewalk would have to be concrete.
$ 12,400
$ 15,250
Libraries
}IVAC Central Library. Replace/repair/rework mechanical
system at the Central Library. Details of the problems
and recommendations are contained in a report from 2rw
Associates previously submitted. Cost to be shared with
the City of Charlottesville.
Remove Shelving and Reorganize to Meet ADA Standards for
Public Library Facilities and Replace Carpeting.
Shelving must be removed and rearranged to comply with
distance regulations required by ADA. Current carpeting
is separating from floor and requires frequent repairs.
Parks and Recreation
ADA Compliance-Various Parks/Recreation Facilities.
Removal of architectural barriers at Albemarle County
parks that are detailed in the ADA transition plan.
Project locations are Greenwood Community Center,
Scottsville Community Center, Mint Springs, Totier,
Meadows Community Center, Chris Greene, Walnut Creek,
Ivy Creek, and Rivanna (Towe Memorial).
Original request was $247,005. Based on a Planning
Commission recommendation that ADA requests be spread
out over a three year period, funding level for FY
1994-95 is approximatley 35 percent of the total request
with the remainder divided into next two years. Recom-
mendation is also that the ADA Advisory Committee
reconvene and prioritize all ADA projects based on the
total funding allottment.
$ 77,500
$ 20,000
$ 86,450
ADA ComDliance-School Parks. Funds for accessibility
improvements for outdoor areas at Albemarle County
Schools which serve as community and district parks.
Projects include signage, paving for parking and
accessible pathways to all facilities. Accessible
ground cover under playground equipment and some
accessibility improvements to equipment.
$ 96,250
Original request was $275,000. FY 1994-95 recommenda-
tion reflects 35 percent of total request, with remain-
der of costs spread out over two years.
Crozet Park Building/Grounds Improvements. (1994-95)
Picnic shelter repair. Replace shingles and damaged
sheathing. Add additional trusses and support posts and
update electrical to current County Code. (1996-97)
Clearing of two to three acres of land for additional
parking for two arts and crafts shows and fireman's
celebration. Prior allocation has been expended in
numerous projects since restrictive covenant agreement
was signed in 1985.
$ 10,000
000052
March 2, 1994 (Regul'ar Day Meeting)
Page 26
Scottsville Community Center Outdoor Recreation Improve-
ments. (1994-95) The replacement of the two soft-
ball/baseball fields lost by the construction of the
levee on the town field, and the purchase of portable
lacrosse goals. (1995-96) Construction of a picnic
shelter, outdoor basketball courts, and access to
restrooms. (1997-98) Construction of two tennis courts.
Ail phases include accessible pathways as needed.
Proposed developments will occur on County property and
adjacent town land.
$ 20,400
Greenwood Community Center Building Improvements.
(1994-95) Roof replacement. Reroof main building, new
flashing, additional exhaust vents. (1997-98) Replace-
ment of present furnace with a zone-type heating system
set up to deliver heat to different areas of the
building as needed.
$ 15,000
Hollymead Elementary Outdoor Recreation Improvements.
Construction of outdoor recreation facilities at
Hollymead Elementary after the completion of the middle
school improvements. Facilities will include two handi-
capped-accessible playground units: one for K-2 and one
for three to five. Includes installation, wood borders
and wood carpet mulch. Also border and mulch around
some existing playground equipment and accessible
pathway to all equipment.
$ 51,500
Walton Tennis Court Resurfacing. Resurfacing two tennis
courts at Walton Middle School. Courts are used for
community play and physical education classes. Project
will include cutting out and repairing existing cracks,
replacing and reinforcing net posts, and re-color
coating.
$ 12,400
Jack Jouett Tennis Court Resurfacing. Resurfacing two
tennis courts at Jack Jouett Middle School. Courts are
used for community play and physical education classes.
Project will include cutting out and repairing existing
cracks, replacing and reinforcing net posts, and
re-color coating.
$ 12,400
Cale Outdoor Basketball Court. Construct a 90 foot by
40 foot hard court area with four basketball goals. Two
goals at 10 feet and two goals at eight feet.
$ 10,400
Utilities improvements
Peyton Drive Stormwater Detention Basin. An existing
large ravine has land on one side and also upstream
which has been developed. It is located in the urban
area. A portion of the upstream development was done
prior to the Stormwater Detention Ordinance, and,
therefore, there is no control for the stormwater runoff
of the drainage basin. The runoff from this area
eventually drains into Meadow Creek which is susceptible
to frequent flooding. The extension of Commonwealth
Drive and other subsequent development makes this
facility a critical need due to legal implications. The
property owners have agreed to dedicate the necessary
land.
$145,515
County Master Drainage Plan. The original CIP request
proposed a study to identify and correct drainage
problems from existing and future development. The
scope of this project has been expanded to include a
master drainage plan for the entire County in anticipa-
tion of new State of Virginia and Federal EPA stormwater
management regulations.
$ 60,000
The City/County/UVA shared Moore's Creek basin area is
to be done in 1992-93 and 1993-94. Also, due to the
funds received from the City and UVA, the South Fork
Rivanna Basin will be done in 1993-94. The original
request was $100,000. Physical scope of the study will
be reduced in order to defer cost.
Ricky Road Drainage. Project will alleviate minor
flooding of residences on Ricky Road from runoff
emanating from drainage areas above the residences on
Woodstock Drive. This project is a result of citizen
complaints.
$ 31,295
Education
March 2, 1994 (Regular Day Meeting)
Page 27
Piedmont Virginia Community College Humanities and
Social Sciences Building. The proposed facility will be
designed to provide the specialized classrooms and
laboratories needed for courses taught within the areas
of the humanities and social sciences. The theater will
provide an area for artistic functions including music,
drama, theater and speech. Faculty members will have
adequate office space for the first time which will lead
to more effective counseling and advising of students.
Funding from the localities will be used for site
development.
Emergency Stop Switches-Various Industrial Arts Shops.
Install emergency stop switches for all major pieces of
equipment in the industrial arts shops at Henley, Jouett
and Walton Middle Schools.
Stone-Robinson Renovations. The self contained electric
heating and cooling units in the library and surrounding
classrooms will be replaced. The boilers and chiller
were sized to handle the new equipment in the previous
renovation, therefore, new piping and unit ventilators
will be installed. Also, an Effluent Discharge Diffuser
(EDD) will be installed on the discharge line of the
sewage system. The EDD is mandated by the State Water
Control Board.
Vehicular Maintenance Facility Reconfiguration. A
recently re-evaluated engineering and architectural
study recommends a three phase program to correct
certain inefficient and inadequate design constraints
which have had a negative impact on the facilities
utilization. In Phase I, the parts and service depart-
ment would be moved to the first floor with all offices
and a new employee training room located on the second
floor which would accommodate space for driver training.
This move would place the repair support areas nearest
the repair bays. A 2040 square foot, two-story addition
to the front of the building would be needed to accommo-
date these changes.
WAHS Underground Pedestrian Crossing. Provide some form
of pedestrian Crossing for safe passage from the grounds
at Western Albemarle High School to the grounds at
Henley Middle School. The County is currently pursuing
approval with VDot to allow a traffic signal for
pedestrian use at the Western Albemarle High School
entrance for a much reduced cost.
ADA Structural Changes-Various School Locations. Many
school facilities require structural changes to allow
for accessibility. An inspection was performed on all
school buildings and a list of deficiencies has been
compiled. Major renovations to facilities in this plan
will meet present ADA requirements and include eleva-
tors, ramps, restrooms, drinking fountains, signage,
etc. Original request was $573,800. Funded at 35
percent over a three year period.
Contaminated Soil Removal and Monitoring-Various
Locations. Underground storage tanks removal was in a
previous CIP. In six locations, contaminated soil was
found. This is to remove/dispose of the contaminated
soil and monitor the sites as required under feder-
al/state regulations.
Ener~yManagement. This project would provide a means
for monitoring and controlling the energy consuming
equipment, i.e., heating, cooling, and ventilation, of
the following .schools: Burley, Meriwether Lewis, Stone
Robinson and Walton.
Instructional Technology for the School Division. This
request to provide computer technology to the schools by
the Department of Information Services includes install-
ing new networks, expanding and finishing existing
networks, and providing computers in the classrooms, the
computer labs and the library. Also this includes
software, CD-ROM drives and multimedia devices.
The original request was for $300,000 per year for a
total of $1.5 million over five years. The funding
request was reduced to $165,000 per year due to funding
restrictions.
000053
$ 62,335
$ 18,000
$ 25,000
$324,900
$120,000
$200,830
$ 95,000
$ 59,000
$165,000
000054
March 2, 1994 (Regular Day Meeting)
Page 28
Waterline Improvements-Various Locations. Install
backflow prevention in all schools serviced by the
Albemarle County Service Authority. Installing this
device in the main water line prevents any possible
contamination from the user to the public supply. This
project is mandated by the State Water Control Board and
the Albemarle County Service Authority.
$122,500
Agenda Item No. 15a. Discussion: Regional Jail Authority.
Mr. Tucker said the Board received a copy of a letter from Mr. Mitchell
Neuman, Chairman of the Albemarle/Charlottesville Jail Board advising the Board
of Supervisors and City Council of a recent vote by the Jail Board to request the
County and City governing bodies to take action to create a Regional Jail
Authority.
Mr. Neuman's letter explains the basis for the Jail Board's action and the
advantages of a Regional Jail Authority over that of the current structure. Mrs.
Humphris, as the County's representative on the Jail Board, may wish to elaborate
on the letter, however, if further analysis is deemed necessary by the Board,
staff will develop that information as expeditiously as possible. If the
information provided, along with Mrs. Humphris' comments are adequate to move
forward with a non-binding resolution for the creation of a Jail Authority, this
action can be taken.
Mrs. Humphris said she has served on the Jail Board since 1990. At that
time, the Jail Board had just completed renovation of a basement area into a
dormitory-type space. It then took the better part of three years to get the 50
percent reimbursement from the state on construction of that area. When the Jail
Board goes into such a project, localities (City and County) have no idea whether
they will have to pay 100 percent of the capital project or just 50 percent. A
new project has been created to add another 36 beds. The Jail Board has tried
to follow all of the State protocols to the letter in the hope that the
reimbursement process will be sooner rather than later. The money still has not
been received and the unit has been open for some time.
More and more people are being sent to Jail. The Jail Board has no choice
but to house the inmates sent. The Jail Board is required to house them and
regulations have to be followed according to the amount of space the Jail has.
It is becoming more and more difficult to get the job done. There are more and
more juveniles sent to the Jail. The Juvenile Detention facility is very
overcrowded which means in the future something may have to be done for that in
the City and County. The Jail facility is aging and requires a number of
repairs. The positive side of all of this is that there is an opportunity to
have it be a revenue making program. Because the Federal Court is located in
Charlottesville, the federal government has many federal prisoners that it has
to bring to court here and they would like to be able to house them in the
Charlottesville-Albemarle Jail so they do not have to transport them long
distances at huge costs. There have been financial reports that show that this
would be an important revenue source to the Jail because it could actually
relieve the localities. This, together, with the Jail Board's ability to issue
revenue bonds, and the fact that it removes all liability from the City and
County is the reason for the recommendation. The liability then becomes that of
the Jail Authority.
This option has been reviewed and studied. Although a lot of people do not
feel an authority is a good answer to a situation, the Jail Board, which is made
up of a member of City Council, an Albemarle County Board member, the City and
County Sheriffs, and three citizen members, feels that this is a situation where
the Authority would provide a good solution. The Board of Supervisors would
still appoint people to the Board of the Jail Authority.
Mr. Bowerman asked if a reasonable rate on any bonds the Authority issued
would be difficult tO obtain since the only revenue sources are the City, County,
Federal and State governments. Mrs. Humphris said Mr. Bill Hefty, an attorney
from Richmond who is the state authority on jail authorities has assured the Jail
Board that the revenue stream is great enough to bring a reasonable rate. Mr.
Bowerman asked what certainties the Jail Authority would have to obtain from the
City and County to insure that they would be housing prisoners here indefinitely.
Mrs. Humphris said it would be incorporated into the Agreement the City and
County would enter into as to what its responsibility is and the term of the
responsibility.
Mrs. Thomas asked if Mr. Hefty assured the Jail Board that even though it
knows what kind of trouble it has getting money back from the state that bonds
could be sold based on the fact that it may or may not get its money back from
the state. Mrs. Humphris said the state is changing its procedure and the Jail
Board is not sure exactly how it is going to be changed, but the Jail Board is
hoping that it will be easier in that the state will promise to give more
security and a different payment schedule. There are no assurances, but it looks
like the State is moving to make a better situation.
Mrs. Thomas said if the State reimbursement improved it would help the Jail
whether there was an Authority or not. Mrs. Humphris said that is true, but the
Jail would not be able to get the federal revenues if an Authority is not created
because assurances cannot be obtained from the City and County that it can get
capital money to do the improvements that have to be done. There has to be more
March 2, 1994 (Regular Day Meeting)
Page 29
000055
space and the Jail Board has not been able to fund this through City Council and
the Board of Supervisors. The Jail Board has to be able to make long-range plans
for a new jail facility later and it is not able to do it now because it cannot
obtain commitments of funds to do it with.
Mrs. Thomas said it seems to her that this is a failure in the City and
County's ability to look at the problem. This is a very extreme solution because
this Board would be creating an entity that could then go out and incur debt and
the main payers of those debts will ultimately be taxpayers. When talking about
the need for a new jail facility, the power of eminent domain would rest in the
hands of an authority, and the County and City may disagree as to siting of that
facility. She feels it is a real indictment of this Board that sufficient
attention has not been paid and has driven the advisory board to the point that
it become an authority. Authorities are always narrow interests by definition,
the more they are created, the more separate narrow interests, the more this
Board has given up or abrogated its responsibilities. One good thing about
Virginia's government is that there is not a proliferation of authorities. From
a point of view of theory of what this Board should do as a government body, it
is a bad thing to turn to an authority if there is any other possible way of
doing it. It sounds like the other possible way is that this Board and City
Council become more responsible about looking for funding for the Jail. Mr.
Tucker said if it were just the County, it would be easier, but the Jail is also
relying on the City. There have been times when the County has placed items to
be funded in the CIP and the City has been unable to match those funds.
Therefore, nothing has been done.
Mrs. Humphris said she does not have the income stream from housing federal
prisoners with her, but this is an extremely important source of revenue.
Federal prisoners cannot be housed without the Jail becoming an authority because
a contract has to be signed promising to house "X" number of prisoners at all
times. There is no way the Jail can provide those beds in the current facility
and promise that they will be there when needed. The income stream is extremely
important to the Jail. There would not be any cash to operate the jail now if
there were not the income stream from the federal prisoners.
Regarding the question of construction and so forth, it is stated in the
report that this is one thing that could be provided for in the agreement and any
construction contract, new facility or expansion would be subject to the approval
of both governing bodies and any debt would have to be approved by a two-thirds
majority of the Authority Board.
Mr. Martin asked if there is a timeframe for approval of this request. Mrs.
Humphris said there is a rush because there is no money to use for planning. Mr.
Martin asked if next week would be too late. Mrs. Humphris said "no." Mr.
Martin said there are some good points on both sides. He would like to see some
type of staff analysis and recommendation on the request.
Mrs. Humphris said there is a lot of talk about rehabilitation and people do
not understand that in order to rehabilitate inmates, there has to be programs,
but there is not a square foot at the jail to do the programs that are needed.
Inmates are staying longer because of the State system and they have greater
needs.
Mrs. Humphris said the request is for a Resolution of Intent to authorize
consideration of agreements required to create the Authority. The Jail Board
would then tell Mr. Hefty to draft the Service Agreement and an Agreement
establishing the Authority for consideration by the Board of Supervisors and City
Council.
Mr. Tucker said regarding the item Mrs. Thomas brought up, the Airport
Authority does not have eminent domain, but has to get approval from the
localities. Mr. Davis said an Authority would also be subject to the City's and
County's local land use controls and it would still come before the Board if it
needed any type of special permit or zoning approval.
Mrs. Humphris then made motion, seconded by Mr. Martin, to adopt the
following Resolution of Intent authorizing consideration of agreements required
to create a Jail Authority with the understating that staff is to bring forth
more information. Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bowerman, and Mrs. Humphris.
NAYS: Mrs. Thomas.
RESOLUTION TO AUTHORIZE CONSIDERATION OF
AGREEMENTS REQUIRED TO CREATE A JAIL AUTHORITY
WHEREAS, the Albemarle-Charlottesville Regional Jail Board voted at its
February, 1994 meeting to request the governing bodies of the County of Albemarle
and the City of Charlottesville to take action to create a Regional Jail
Authority (hereafter "Authority") to operate the Joint Security Complex and to
plan for the expansion of such facility or the construction of a new facility;
and
WHEREAS, the creation of an Authority requires the County and the City to
enter into an Agreement creating the Authority and a Service Agreement outlining
the obligations of the County and the City including, among other things, sending
prisoners to the Joint Security Complex; and
March 2, 1994 (Regular Day Meeting) 000056
Page 30
WHEREAS, the County desires to formally consider the creation of an Authority
by reviewing drafts of the agreements referenced above;
'NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, agrees to consider the formation of a Regional Jail Authority
in cooperation with the City of Charlottesville and requests that a draft
agreement to create such an Authority, and a draft Service Agreement outlining
the obligations of the County and the City to such an Authority, be prepared by
a representative of the Albemarle-Charlottesville Regional Jail Board.
BE IT FURTHER RESOLVED, HOWEVER, that the adoption of this Resolution does
not bind the County to agree to the creation of the Authority, such decision
being explicitly reserved for consideration by the Board upon presentation and
full consideration of the referenced agreements.
Agenda Item No. 16. Work Session: Noise Ordinance. (Moved to item 13a)
Agenda Item No. 17. Executive Session: Personnel and Legal Matters.
At 12:26 p.m., Mr. Bowerman made motion, seconded by Mrs. Humphris, to go
into executive session under Virginia Code Sections 2.1-344.A.1 for the purpose
of interviewing and discussing appointments to various boards and commissions and
Section 2.1-344.A.3 relative to acquisition of interest in real estate. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
Agenda Item No. 18. Certify Executive Session.
At 2:07 p.m., the Board reconvened in Meeting Room 7. Mr. Bowerman made
motion, seconded by Mrs. Humphris, to adopt the following Certification of
Executive Session.
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Albemarle County Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions 'of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 and 2.1-344.A.3 of the Code of Virginia requires
a certification by the Albemarle County Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by Virginia law
were discussed in the executive meeting to which this certification resolution
applies, and (ii) only such public business matters as were identified in the
motion convening the executive meeting were heard, discussed or considered by the
Albemarle County Board of Supervisors.
VOTE:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman and Mrs.
Humphris.
NAYS: None.
ABSENT DURING VOTE: None.
ABSENT DURING MEETING: None.
Agenda Item No. 19. Appointments.
Mrs. Thomas made motion, seconded by Mrs. Humphris, to appoint Mr. Walter A.
Pace, Jr., Mr. Steve Runkle and Ms. Virginia Greenwood to the Housing Committee
with terms ending December 31, 1996; to appoint Ms. Beverly Dee Terrell, Mr.
Ronald Hancock and Ms. Karen V. Lilleleht to the Housing Committee with terms
ending December 31, 1995; and to appoint Messrs. Leigh B. Middleditch, Jr.,
Forrest D. Kerns and Howard Allen to the Housing Committee with terms ending
December 31, 1994. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Mr. Bowerman made motion, seconded by Mr. Martin, to appoint Ms. Karen
Tarentino and Mr. Dennis Rooker to the Route 29 Intersection Study Planning
Advisory Committee. Roll was called and the motion carried by the following
recorded vote:
000057
March 2, 1994 (Regular Day Meeting)
Page 31
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
Mrs. Humphris made motion, seconded by Mr. Martin, to appoint Mr. William A.
Finley, Jr., to the Community College Board of Directors to replace Mr. Harold
Dixon with term to expire June 30, 1996. Roll was called and the motion carried
by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Mrs. Thomas made motion, seconded by Mrs. Humphris, to request that the names
of the following people currently serving on the Scenic River Advisory Boards,
be forwarded to the Governor and recommended for reappointment, with the excep-
tion of Mr. Fred Landess on the Moorman's River Scenic Advisory Board who
resigned. The Board requested that this vacancy be advertised. Roll was called
and the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Moormans Scenic River Advisory Board
James R. Butler
John F. Marshall, Ph.D.
Charles W. Maupin, Jr.
Harriet Mohler
Rockfish State Scenic River Advisory Board
Joel D. Artman
T. Peyton Coyner
Jay Graves
R. King Pace
Philippa Proulx
Rivanna Scenic River Advisory Board
Francis H. Fife
Charles S. Martin
Jean B. Murray
Agenda Item No. 20. Other Matters not Listed on the Agenda from the BOARD.
Mr. Tucker said he had a request from Mount Carmel Baptist Church to expedite
its request for a special use permit to add a small addition.
Mrs. Humphris said she has also been contacted by Mr. Kevin Sower, Rowing
Coach at UVa about expediting UVa's boat house request.
Mrs. Humphris made motion, seconded by Mr. Marshall, to expedite the Church
and UVa's boat house requests. Roll was called and the motion carried by the
following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
NAYS: None.
Mr. Martin said he has been contacted by a gentleman who wants to put a
mobile home on seven and one-half acres of land zoned R-4. Under current Zoning
Ordinance regulations this is not allowed and the gentleman is not in a position
to pay the fee for a zoning text amendment.
Mr. Martin then made motion, seconded by Mr. Marshall, to adopt the following
Resolution of Intent to amend the Zoning Ordinance to proceed with a zoning text
amendment to review waiver of fees in certain circumstances. Roll was called and
the motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
RESOLUTION OF INTENT
BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia,
does hereby state its intent to amend the Albemarle County Zoning Ordinance in
Chapter 35.0, Section B, to review waiver of fees in certain circumstances; and
FURTHER requests that the Albemarle County Planning Commission hold a public
hearing on said intent to amend the Zoning Ordinance, and does request that the
Planning Commission sent its recommendation to this Board at the earliest
possible date.
000058
March 2, 1994 (Regular Day Meeting)
Page 32
At 2:15 p.m., Mr. Martin made motion, seconded by Mr. Marshall, to close
the County Office Building due to the snow storm. Roll was called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman, and
Mrs. Humphris.
None.
Mrs. Thomas said she attended a recent meeting of the TJPDC. At the
meeting, it became clear that there is a need for regional economic develop-
ment. There is a plan that was developed from an effort which took one and
one-half years and is simply waiting for an action strategy to be adopted by
the governing bodies involved. The cost would be borne by private employers
if the plan could be worked out. She asked if the Board members had received
this action strategy.
Mr. Tucker will distribute the action strategy to the Board for its
reaction.
Mrs. Humphris said she wanted to make sure the Board read the letter of
thanks to staff persons Ms. Jan Sprinkle and Mr. Andres Franco which was
received in the Board's non-agenda information. These letters are very rare
and she wanted to make sure that this was noticed.
Mrs. Humphris asked about the Board's request of staff to have speakers
present a village concept for the Comprehensive Plan Review. The last time it
was discussed the Board was told there were people at the University who were
experts. She feels the Comprehensive Plan is at the point where this should
be presented.
Mrs. Humphris said she received mail about the budget and taxes and is
seeing an abysmal ignorance of information on taxation in this County. She
has received letters from teachers who do not understand that the individual
wealth in the County does not effect the tax system within which this County
operates. She feels that a fact sheet regarding what taxes can and cannot be
implemented should be published and sent to all taxpayers.
Mrs. Humphris feels, because of the situation regarding the change in the
southern terminus of the Western Bypass and the potential impact that people
did not anticipate, staff should look at the impact on Berkmar and the people
in the surrounding area. Something is being done at the southern end that was
not anticipated and this could happen at the northern end if it is not
monitored. The overlay that she saw of the northern end of the Western Bypass
and the County's Berkmar Drive Extended show that there is not room for both
to coexist.
Agenda Item No. 21. Adjourn.
At 2:42 p.m., with no further business to come before the Board, the
meeting was adjourned.
Chairman