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HomeMy WebLinkAbout1993-01-06January 6, 1993 (Regular Day Meeting) (Page 1) M.B. 43, Pgo 87 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 6, 1993, at 9:00 A.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Walter F. Perkins. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, George R. St. John; and, County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 9:00 A.M. by the County Executive, Mr. Tucker. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Election of C~airman. Mr. Tucker noted that the first item of business was to elect a new Chairman for the Board of Supervisors° He stated that the actual motion to nominate someone does not require a second. He then opened the floor for nominations for Chairman. Mr. Perkins offered motion to adjourn into executive session under Va. Code Section 2.1-344.A.1 to discuss personnel matters. Mr. Bowerman seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. At 9:50 A.M., the Board reconvened into open session. Mr. Bain noted that the Board did not certify the executive session of December 16, 1992 and suggested that be done at this time° The executive session was on personnel matters° The Board adopted the following certification of executive session for the December 16, 1992 meeting: MOTION: Mr. Bain SECOND: Mrs. Humphris MEETING DATE: December 16, 1992 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 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 m~tters as wereidentified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETINO: None. The Board then adopted the following certification of executive session for today's meeting: MOTION: Mr. Bain SECOND: Mrs. Humphris MEETING DATE: January 6, 1993 January 6, 1993 (Regular Day Meeting) (Page 2) M.B. 43, Pg. 88 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 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: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. Mr. Tucker then opened the floor for nominations for Chairman. Mr. Marshall nominated Mr. David P. Bowerman. Mrs. Humphris seconded the nomination. There were no other nominations made. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. ABSTAIN: Mr. Bowerman. Mr. Tucker congratulated Mr. Bowerman for bis appointment as Chairman of the Albemarle County Board of Supervisors. Mr. Bowerman thanked the Board members for their support. Agenda Item No. 5. Election of Vice-Chairman. Mr. Bowerman asked for nominations for the Vice Chairman of the Board of Supervisors. He stated that the motion to nominate someone does not require a second. Mrs. Humphris nominated Mr. Edward H. Bain, Jr., for Vice-Chairman. Mr. Perkins nominated Mr. Forrest R. Marshall, Jr., for Vice Chairman. Mr. Bowerman said the roll would be called for Mr. Bain first and then for Mr. Marshall. It was agreed that nominees for the position would abstain from voting. He then asked the Clerk to call the roll for the nomination of Mr. Bain for Vice-Chairman. The motion carried by the following recorded vote: AYES: Mr. Bowerman and Mrs. Humphris. NAYS: Mr. Perkins. ABSTAIN: Messrs. Bain, Marshall and Martin. Mr. Bowerman then asked the Clerk to call the roll for the nomination of Mr. Marshall for Vice-Chairman. The motion carried by the following recorded vote: AYES: Mr. Martin and Mr. Perkins. NAYS: Mr. Bowerman and Mrs. Humphris. ABSTAIN: Mr. Bain and Mr. Marshall. Mr. Bowerman asked the County Attorney, based on the above-recorded vote, which motion was successful. Mr. St. John said in his opinion Mr. Bain is the Vice-Chairman. The motion for Mr. Marshall which resulted in a tie vote failed. The motion for Mr. Bain was voted on by three members of the Board; an abstention does not nullify a quorum. The majority of the Board members voting on the question voted for Mr. Bain. January 6, 1993 (Regular Day Meeting) (Page 3) M.B. 43, Pg. 89 Agenda Item No. 6. ApPOintment of Clerk and Chief Deputy Clerk. Next, Mr. Bowerman asked for a motion to elect the Clerk. Mo%ion was offered by Mrs. Humphris, seconded by Mr. Bain, to appoint Mrs. Ella W. Carey as Clerk, Ms. Lettie E. Neher as Chief Deputy Clerk and Ms. Jill N. Hill as Deputy Clerk to the Albemarle County Board of Supervisors° Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and Perkins. None. Mr. Bowerman congratulated Mrs. Carey, Ms. Neher and Ms. Hill for their appointments as Clerk, Chief Deputy Clerk and Deputy Clerk to the Board, respectively. Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar Year 1993. Mr. Bowerman said the Code requires that the times and places for meetings be set for the 1993 calendar year. He recommended that the Board adopt the same meeting schedule it had in 1992. The first Wednesday of each month would be the all day meeting to begin at 9:00 a.m., and the second and third Wednesdays be retained as the evening meetings to begin at 7:00 p.m., in the Albemarle County Office Building. Mr. Martin offered motion, seconded by Mrs. Humphris, to set the meeting times and dates as follows: the first Wednesday of the month the Board will meet at 9:00 a.m., and the second and third Wednesdays of the month the Board will meet at 7:00 p.m., in the Albemarle County Office Building. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and Perkins. None. Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendments Requested by Citizens. Mr. Bain said in the past year the Board considered several zoning text amendments from citizens out of the normal schedule and suggested that, if it is not too much burden on the staff, the Board consider hearing citizen requests quarterly. Mr. St. John commented that Board members can initiate an amendment at any time. Mr. Bain said he would prefer to amend the Zoning Ordinance so that citizens do not have to wait so long to have their requests considered. Mr. Tucker said he does not think this change would generate an inordinate number of requests and cause an impact on staff. Mr. Bain said before he became a Board member, the Board decided to consider these amendments semi-annually-because the staff was inundated with requests and other staff work. He thinks it is something the Board needs to consider so that it is more in the normal course and citizens do not have to ask Board members to make the request. Mr. Bain then offered motion, seconded by Mr. Martin, to set hearings for Zoning Text Amendments from the public on June 16 and December 15, 1993. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and Perkins. NAYS: None. Motion was then offered by Mr. Bain, seconded by Mr. Martin, to adopt the following Resolution of Intent to amend the Zoning Ordinance to consider hearing Zoning Text Amendments from citizens quarterly. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. RESOLUTION OF INTENT BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend Section 33.10.2 of the Albemarle County Z6ning Ordinance to consider zoning text amendment petitions by property owners at specified intervals of three months; and FURTHER requests the Albemarle County Planning Commission to hold public hearing on said intent to amend the Zoning Ordinance~ and does request that the Planning Commission send its recommen- dation to this Board at the earliest possible date. January 6, 1993 (Regular Day Meeting) M.B. 437 Pg. 90 (Page 4) Agenda Item No. 9. Rules of Procedure, Readoption of. Mr. Bowerman stated all the Board members should have had a chance to look at the Rules of Procedure by which this Board has operated for many years. He asked if anyone had any changes to make. There were no changes. Motion was offered by Mrs. Humphris, seconded by Mr. Martin to readopt the Rules of Procedure. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Agenda Item No. 10. Other Matters Not Listed on the Agenda from the PUBLIC. Mr. Bowerman said he received a note from Mr. Gary Grant, reporter for WINA, which requested the Board to state the Va. Code section for the execu- tive session. Mr. Bowerman said the executive session was personnel in accor- dance with Va. Code Section 2.1-344.A.1 which deals with appointment of individuals and can include the selection of officers for the Board of Super- visors. Only matters covered in this Code section were discussed. Mr. Bowerman said the executive session was limited to a discussion of who would be chairman and vice-chairman for the Board of Supervisors and included only individuals who were in the room. There were no other matters from the public° Agenda Item No. 11. Consent Agenda. Motion was offered by Mrs° Humphris, seconded by Mr. Bain, to pull Items 11.1, 11.4 and 11.14 from the Consent Agenda and to accept the remaining items as information. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Item 11.1. Letter dated December 9, 1992, from Mr. D. S. Roosevelt, Resident Highway Engineer, to Ms. Ellen S. Harris, re: reduction in speed limit on Barracks Road between Charlottesville and White Hall, was received as information. Mrs. Humphris requested that this item be pulled for discussion under Highway Matters. Item 11.2. Letter dated December 9, 1992, from Mr. D. S. Roosevelt, Resident Highway Engineer, to Ms. Marion L. Morrison, re: additional speed limit signs on Owensville Road, was received as information° Item 11.3. Letter dated December 21, 1992, from Mr. Ray D. Pethtel~ Commissioner, Department of Transportation, stating that Bentivar Drive (Route 1033) was added to the State Secondary System, effective December 23, 1992, was received as follows: "As requested in your resolution dated November 4, 1992, the following addition to the Secondary System of Albemarle County is hereby approved, effective December 23, 1992. ADDITION BENTIVAR LENGTH Route 1033 (Bentivar Drive) - From Route 643 to 1.01 miles Southwest Route 643. 1.01 Mi." Item 11.4. Letter dated December 22, 1992, from Mr. D. S. Roosevelt, Resident Highway Engineer, forwarding the monthly update on highway improve- ment projects currently under construction and the quarterly report of pro- jects under design, was received as information. Mrs. Humphris requested that this item be pulled for discussion under Highway Matters. Item 11.5. Quarterly Report from the Jefferson-Madison Regional Library Board, as prepared by Ms. Chris Baker, Board Trustee, was received as infor- mation. January 6, 1993 (Regular Day Meeting) ~4.B.43, Pg. 9! (Page 5) Item 11.6. Copy of Planning Commission Minutes for December 1 and December 8, 1992, was received as information. Item 11.7. Notice of Application filed with the State Corporation Commission by Appalachian Power Company for approval of Experimental Demand Side Management Programs and Residential Rate Design Experiment, was received as information. Item 11.8. Memorandum dated December 21, 1992, from the Department of Taxation, Railroad & Pipeline Appraisal Section, Office of Taxpayer Services, re: CSX Transportation, Inc., and Richmond Fredericksburg & Potomac Railway Co. (RFP), Plaintiffs, v. William H. Forst, Tax Commissioner, Virginia Depart- ment of Taxation, his successors in office, et. al., Defendants, indicating that on December 10, 1992, judgment was entered in favor of Defendants, was received as information. Item 11.9. Notice of Entry of Order, filed on December 18, 1992, under 11 U.S.C. Sec. 1129(a) and (b) Confirming, Third Amended and Restated Joint Plan of Reorganization of Ames Department Stores, Inc., and other members of the Ames Group, was received as information. Item 11.10. Executive Summary received December 31, 1992, from Mr. Richard E. Huff, II, Deputy County Executive, re: Current status of the Avon Street/Route 20 Connector Road, was received as information. Item 11.11. Copy of Comprehensive Annual Financial Report for the Rivanna Solid Waste Authority, for Fiscal Year Ended June 30, 1992, was received as information. Item 11.12. Copy of Comprehensive Annual Financial Report for the Rivanna Water & Sewer Authority, for Fiscal Year Ended June 30~ 1992, was received as information. Item 11.13. Financial Management Report for November, 1992, was received as information. Item 11.14. Executive Summary received December 31, 1992, from Mr. Robert W. Tucker, Jr., County Executive, re: Status report concerning progress of finding office space for VPI Extension in other quarters, was received as information. Mr. Perkins requested staff to do a comprehensive study of office space to include the most efficient use of buildings owned by the County~ i.e., Rose Hill School and Crozet Elementary School. The study should also include the possibility of using either of those facilities for Extension Service offices or as offices for school administration. Item 11.15. Memorandum dated December 21, 1992, from Dr. Robert W. Paskel, Superintendent, entitled "Division Level Staff Analysis," was received as information. Agenda Item No. 12. Approval of Minutes: February 19 and August 21, 1992. Mr. Bowerman had read the minutes of February 19, 1992, pages 1 - 10, and found them to be in order. Mr. Perkins had read the minutes of February 19, 1992, pages 23 - end, and found them to be in order° Mrs. Humphris had read the minutes of August 12, 1992~ pages 1 - 11 (#10), and other than a typographical error, found them to be in order. Mr. Marshall had read the minutes of August 12, 1992, pages 11 (#10) - end~ and with the exception of some typographical errors, found them to be in order° Mo%ion was offered by Mrs. Humphris, seconded by Mr. Martin, to approve the minutes as read and corrected. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. Agenda Item No. 13a. Highway Matters: Route 708/631 Intersection Improvements. January 6, 1993 (Regular Day Meeting) (Page 6) M.B. 43, Pg. 92 Mr. Tucker said at the June 3, 1992 meeting the Board deferred action on the Highway Department's request for a recommendation on the location and design for improvements to the Route 708/631 intersection. Concerns were expressed at that meeting about the cost, impact on adjacent property, and the need for additional traffic flow information and accident data along with anticipated higher traffic with the opening of Walnut Creek Park. Mr. Tucker said the Board has received a report from Mr. D. S. Roosevelt, Resident Highway Engineer, and after review, staff does not feel the information is complete. Although the opening of Walnut Creek Park does not appear to have caused any major problems at the intersection, staff recommends deferring action in order to allow the Highway Department to collect comprehensive traffic data for both operating and nonoperating hours of the Park. Mr. Tucker suggested this item be deferred until October 6, 1993. Mr. Bain had no problem with deferring consideration of this item until October, but requested that if information is received earlier than October, it be brought back to the Board at that time. Ho%ion was offered by Mr. Bain, seconded by Mr. Marshall to defer consideration of the Route 708/631 intersection improvements until October 6, 1993, to allow the Highway Department to provide additional traffic data. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Mr. Perkins asked the Highway Department to consider installing guard rails on Route 708. Mr. Bowerman asked if there was anyone from the public who wished to make comments° Mr. C. Douglas Arrington said he owns property on the north- east corner of the proposed project. He requested the Board to formally reject the proposed project so that the Highway Department can redefine the scope. After the June 3 meeting he requested accident data from the Albemarle County Police Department. According to the Police Department there were a total of nine accidents reported in 1992; two accidents were the result of deer. Of these accidents none occurred at the intersection; five occurred between Route 708 and Route 631 and two occurred on Route 708 between Route 631 and Route 706. He thinks that when a workable plan is agreed upon, it should go back for a public hearing° He again asked the Board to reject the proposed plan and direct the Highway Department to look again at the original plans for the area with a total overview to include the approaches and exits at the intersection. Mr. Jerry Wilkes said he owns property situated in the curve. The Highway Department has installed signs around the curve that has helped the situation. Drivers have slowed down. There are still accidents that have not shown up in police reports. He provided some photographs of several acci- dents. He thinks that the actions taken by the Department are proof that the curve is the problem and not the intersection. No signs have been installed ~'Warning Dangerous Intersection". He thinks the Department needs a change of venue. He would like for the project to remain static. If something has to be done, it should be to the curve and not just to the intersection. Agenda Item No. 13b. Other Highway Matters. Mr. Bowerman said Berkmar Drive will officially open next Monday~ at 9:15 a.mo Mr. Bowerman requested a status report of the intersection of Common- wealth Drive and Greenbrier Drive. Mrs. Humphris referred to Item 11.1 from the consent agenda, and expressed concern that the Highway Department does not consider high speeds as a safety issue in the same light as the citizens who live in the area. She expressed further concern that the Department allows the speed limit to be set at the speed the highest percentage of drivers travel. Mrs. Humphris referred to Item 11.4, and asked why the advertising date for the Route 29 (S. Fork Rivanna River to Airport Rd - widen to six lanes) project was changed from 7/95 to 11/96. Mr. Roosevelt said the date was changed because of planning schedules. A public hearing cannot be held until an environmental document has been drafted for public review. The date was revised to allow sufficient time for a public hearing. Mrs. Humphris asked if the environmental document is under contract. Mr. Roosevelt responded that the document is being done. Mrs. Humphris said the advertising date for the Route 712 (Hydraulic Road Rt 657 to Route 631 - widen to four lanes) project was also revised. Mr. Roosevelt said this date was also revised due to a problem with the planning schedule. A public hearing on that project has been scheduled for March ll at Jack Jouett School. January 6, 1993 (Regular Day Meeting) M.B.43, Pg.93 (Page 7) Mr. Bowerman expressed concern that sections of Hydraulic Road and Rio Road will be under construction at the same time. He thinks that will create significant traffic delays and problems for anyone using Route 743. Mr. Roosevelt agreed. He added that thrown into this whole equation is the Meadow Creek Parkway/McIntire Road section from the City/Route 250 up to Rio Road which is scheduled for 1997. However, the Six Year financial plan was deve- loped based on this project have a 1999 construction date. This project will take about one-quarter of the funds available over that six-year period to build. He has revised the financial plan and sent it to his district office for review prior to bringing it to this Board. He thinks than when the plan comes back, the Board will see that a number of projects (Hydraulic Road, Rio Road, Greenbrier Drive, etc.) are going to have to revised and/or dropped if the Board moves Meadow Creek up to the 1997 date. The Board will have to decide to either change its current priorities or lower the priority for Meadow Creek Parkway. Mrs. Humphris then asked that when a date is revised on the project listing an additional asterisk be added at the bottom of the page to state the reason for the revised date. Mr. Marshall informed staff and Mr. Roosevelt that the stop sign and road name sign at the intersection of Route 20 and Avon Street are down. (At 10:45 A.M., the Chairman called a recess. The meeting reconvened at 10:55 A.M.) Agenda Item No. 14. SDP-92-079 - Auto America Preliminary Site Plan, Review of. Mr. Bowerman said in accordance with Section 32.3.10 of the Zoning Ordi- nance, he requested this item be brought to the Board to review the Planning Commission's decision of December 15~ 1992. The staff had recommended to the Planning Commission that one of the conditions of approval be: "Abandonment of all access easements connecting the Shopper's World property and this property," but the Commission did not incorporate that condition into its approval° Mr. Cilimberg presented the staff report (on file). The applicant proposes to locate a 9000 square foot building with 50 parking spaces on 0.923 acres zoned Planned Development Shopping Center (PD-SC) and Entrance Corridor Overlay District (EC). The property, described as Tax Map 61M, Section 12, Parcel iD, is located at the northwest corner of Dominion Drive and Seminole Trail (Route 29 North). Mr. Cilimberg said staff did not think access to Shopper's World was necessary. At the Commission meeting there was discussion with the applicant and the applicant expressed opposition to the condition. At the meeting, the applicant indicated that he wanted access to both Shopper's World and Dominion Drive, and he would develop a site plan showing those accesses. The staff is currently reviewing the revised site plan. The Commission decided not to include the additional condition because it felt that the site plan could be denied if it was not satisfied with the layout and circulation in the shopping center. The Commission did not feel this condition was critical to its decision. Mr. Cilimberg said there was also discussion at the Commission meeting about the closing of the crossover at Dominion Drive which is one the reasons the applicant wanted to have the connection into Shopper's World. He did note that the parking configuration and circulation in Shopper's World is not conducive to through traffic movements. The applicant has resubmitted his site plan which proposes the other access opposite the parking area of MacDonalds. Staff is currently reviewing that site plan. Mr. Cilimberg said the Planning Commission, at its meeting on December 15, 1992, unanimously recommended approval of SDP-92-079 subject to the following conditions: The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions are obtained. The final site plan shall not be signed until the following conditions are met: ao Department of Engineering approval of grading and drainage plans and calculations; Department of Engineering approval of stormwater detention plans and calculations; Department of Engineering approval of an erosion control plan; Virginia Department of Transportation approval of right-of- way improvements to include a commercial entrance; January 6, 1993 (Regular Day Meeting) ~4.B.Pg. 94 (Page 8) e. Albemarle County Service Authority approval of ten foot wide easement along the southwest border of the property and water meter location; and, Architectural Review Board issuance of a final Certificate of Appropriateness. 2. Administrative approval of final site plan. The Chairman asked for comments from the applicant. Mr. Buddy Edwards, representing the applicant, said a revised site plan has been submitted show- ing the second access. He is present to answer any questions Board members may have. He wants the Board to consider the site plan it has before it, not the revised plan. He asked the Board to approve the plan as submitted and approved by the Commission. Mr. Bowerman asked for comments from other members of the public. Ms. JQan Graves, a resident of Berkeley Subdivision, requested that the Board deny a second access to this site. She is not asking the Board to deny Auto America's plan. She thinks this is a good plan for that site. She is concerned about the entrance on Dominion Drive, but even worse would be allowing a cross through. If the condition is not reinstated~ the applicant will have two entrances. Mr. Bowerman said he thinks the proposed use is appropriate for the property. He is concerned about the issue of public health and safety° He thinks the applicant should have access to either Dominion Drive or Shopper's World, not both. He would prefer access to Dominion Drive, but either is acceptable to him. He thinks that the circulation in Shopper's World is confusing. Shopper's World is a shopping center and not a route for through traffic, and in effect it would become one if Dominion Drive is connected to Berkmar Drive which is what this second access would do. He believes that if this applicant is allowed this access temporarily, it will become a permanent access. He is asking the Board to restrict access to this site, not require that the easement be abandoned. Again, he thinks safety is a major concern. Me does not think Shopper's World can handle this type of through traffic without serious traffic problems within that shopping center. Mr. Edwards again addressed the Board and said he would like the Board to take no action, allow the Commission's decision to remain and allow the issue of access to be addressed as part of the site plan. The purpose of the second access is to provide access to Shopper's World. Mr. Bain said he believes that allowing these two accesses would create a major safety issue. Drivers are going to use the access if it is there. Mr. Bowerman again said his recommendation is that there be access to either Shopper's World or Dominion Drive. He is not willing to support both accesses. Mrs. Humphris said she agrees tha~ this is a public safety issue. She thinks it would be in the best interest of Auto America to have an entrance on Dominion Drive. Mr. Bain then offered motion to approve SDP-92-079 with the conditions recommended by the Planning Commission and a third condition that vehicular access shall be limited to one access from public roads or adjacent properties. Mr. Martin seconded the motion. Mr. Ronald Keeler, Chief of Planning, said the Board needs to be careful about the wording of this condition. If the Board puts a condition on this site plan that says the applicant can have one access to a public road or one access through the shopping center, then he thinks the applicant can have either without bringing back a site plan amendment. Mr. Bowerman asked Mr. Joseph Wood, the applicant, if he wanted the flexibility to decide which access would better serve the site or have the Board limit access to Dominion Drive. Mr. Wood said he would prefer the Board to approve the site plan as approved by the Commission. He understands that a revised site plan would have to be submitted if he wanted access to Shopper's World° He has a contract for this property which is conditioned upon approval of this plan by the Board. Mr. Bowerman said he still wants to limit access. Mr. Bain then amended his motion to approve SDP-92-079 with the conditions recommended by the Planning Commission and a third condition that vehicular access shall be limited to Dominion'Drive as shown on the attached (on file) preliminary site plan showing Tax Map 61M, Parcel 012-1D, Auto America, Charlottesville Magisterial District, Albemarle County, Virginia, prepared by B. Aubre¥ Huffman and Assoc., Ltd., and received by the Planning Department on November 23, 1992. As seconder, Mr. Martin accepted the motion. Mr. Marshall asked if the applicant could still have access to Shopper's World. Mr. Martin responded not without submitting a revised site plan. Mr. Marshall expressed concerns about adding this third condition. Mr. Bain commented that the applicant can still move forward with this plan. January 6, 1993 (Regular Day Meeting) ~4.B.437 Pg. 95 (Page 9) Mr. Bowerman said he cannot foresee any circumstances where he would vote to approve .a use on this site with access to both Dominion Drive and Shopper's World~i.~ He· believes this is a significant safety issue. Mr. Bain called the question. Roll was immediately called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Roll was then called on the motion for SDP-92-079 which carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. (The conditions of approval are set out in full below:) The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions are obtained. The final site plan shall not be signed until the following conditions are met: Department of Engineering approval of grading and drainage plans and calculations; Department of Engineering approval of stormwater detention plans and calculations; Ce Department of Engineering approval of an erosion control plan; Virginia Department of Transportation approval of right-of- way improvements to include a commercial entrance; Albemarle County Service Authority approval of ten foot wide easement along the southwest border of the property and water meter location; 'and, fe Architectural Review Board issuance of a final Certificate of Appropriateness. 2. Administrative approval of final site plan. 3e Vehicular access shall be limited to Dominion Drive as shown on the preliminary site plan showing Tax Map 61M, Parcel 012-1D, Auto America, Charlottesville Magisterial District, Albemarle County, Virginia, prepared by B. Aubrey Huffman and Assoc., Ltd., and received by Planning Department on November 23, 1992. Agenda Item No. 15. Jefferson Area Board for Aging (JABA), Presentation of Three-Year Plan. Mr. Edward Jones, Chairman of JABA, said JABA has developed a three year plan to address current and future needs of the elderly population. This is an issue that reaches far beyond Albemarle County, but is one that impacts Albemarle somewhat differently than it does in other places, particularly in view of the large number of retired persons already here and coming into the County. JABA was created in 1975 by the local governments of Planning District Ten to meet the challenges and opportunities of an aging society. Mro Jones then discussed the role of JABA and its future plans. Mr. Gordon Walker, Executive Director of JABA, said during the 1980's in Albemarle County the elderly population'grew at a rate of 47 percent and there is no indication that will change. He is present today to ask the Board to work with JABA as they implement their three year plan. Mr. Walker said he will begin presenting the Board with quarterly reviews of what JABA is doing in each jurisdiction, the services JABA provide and the money JABA spends. For example, in FY 1991-92 JABA spent approximately $550,000 on residents in Albemarle County. JABA received a contribution from the County of a little less than $90,000. About 12 percent of the calls JABA receive are from people who live outside this area asking questions about what it is like to retire in Albemarle and the surrounding counties. JABA is currently working with the Chamber of Commerce to develop a brochure to send to inquirers. It is projected that by the year 2010 one out of every five people in this community will be over the age of 65° People under the age of 18 will increase by one percent but people over the age of 60 will increase by 47 percent in the next 20 years. He then discussed the demands an aging population puts on the com- munity and what the community needs to do to respond to those demands. Mr. Walker encouraged the Board to form a task force to look at how to respond to this impact. Mr. Bowerman thanked Mr. Jones and Mr. Walker for their report. January 6, 1993 (Regular Day Meeting) 4.B. Pg. 96 (Page 10) Agenda Item No. 16. MACAA - Request for Supplemental Funding. Mr. Bowerman said he considers it a conflict of interest for him to participate in any decision regarding funds which could be used to offset the debt service of the YMCA property. He is uncomfortable hearing this request because of his association with the YMCA and as one of the individuals who signed for the liability that the YMCA encumbered with the County and the community. He would like to deal with the issue of MACAA, funding and the services MACAA provide to County residents, but not in this context. (Mr. Bowerman then excused himself and left the room at 11:53 A.M. Mro Bain assumed the Chair.) Mr. Tucker said MACAA is requesting additional funds to be used to offset MACAA's additional debt service costs for the purchase of the YMCA building. The additional funds will supplement what MACAA feels is a small contribution relative to the number of services provided to Albemarle County residents and relative to contributions to other community agencies. MACAA has provided a chart showing a breakdown of MACAA's programs with the County, City of Charlottesville and other funding, as well as the number of County and City residents served by each program. This chart shows that Albemarle currently funds two percent of MACAA's operating budget with the bulk of their funding (94 percent) coming from other sources, mostly federal and state funding. Of the total clients served, MACAA provides 17 percent of their services to County residents and 45 percent of their services to City residents. Another chart shows several other agencies that receive County funding for their operating budgets. In contrast to MACAA's two percent, County funding to these agencies reflects a percentage share ranging from four percent to 21 percent, excluding AHIP, which receives 37 percent County funding. However, in contrast to MACAA,' some of these other agencies are more limited in their ability to pull down federal and state dollars, as reflected in the 74 percent share of funding from other sources. Although the County's share of funding is greater for these agencies, the share of County residents served ranges from 22 percent to 48 percent, as opposed to MACAA's share of 17 percent for County services. Mr. Tucker said although the chart may put MACAA's funding in perspec- tive with several other agencies, the information does not present any conclusive correlations with which to document MACAA's need forsupplemental funding. Agencies vary significantly in the types of services they provide~ their ability to draw down other funds, and the cost of services for each locality, therefore, it is difficult to make any broad funding generalizations from this data. Mr. Tucker said in a memorandum dated December 29, 1992 (on file) from Mro James B. Murray, Sr., President of the MACAA Board, the request is for additional support in the amount of $199,793 to be provided through a series of annual payments over ten ($19,973) or 15 ($13,320) years. Mr. St. John said in his opinion this Board cannot legally give a ten or 15 year commitment. Therefore, he does not understand why the Board is hearing this request. Mr. Bain asked what is staff's recommendation. Mr. Tucker said the staff does not have a recommendation on the request because they do not have anything concrete to review. He thinks.that if the Board is supportive of additional funding to MACAA, if the transaction goes through and if the County receives its repayment on the property of $385,000t it would be simpler for the Board to deal with this from an operating standpoint° Mro Bain asked for comments from MACAA representatives. Mr. Murray said MACAA has spoken to Board members individually to explain what MACAA does for the community. MACAA has received a lot of local support, i.e., the Perry Foundation has agreed to provide them a grant of $100,000 contingent on purchase of the property, local attorneys are providing all the legal services, an architect has prepared the site plan and advised them on the possibilities for renovating the property, planning has been contributed~ and CATEC and local contractors are working with them to see how much support they can provide. In addition the local banks are extremely cooperative° Mr° Murray said without the County's support it is doubtful that MACAA can move forward with this project. The City is also supportive but does not want to bear the complete financial burden. This would help the County because it would allow the County to get out of the real estate business and have a responsible client like MACAA. Mr. Ken Ackerman, Executive Director of MACAA, said MACAA has resisted coming to any of the localities for additional funding despite its loss of federal and state monies. He hopes that this is a one time appropriation. He does not think there is a problem with this proposal legally. The City is considering setting aside an amount for MACAA to draw down from. Mr. St. John asked if this is a request for a one time appropriation in this current fiscal year, with repayment yearly in the amount stated. Mr. Ackerman replied that is correct. Mr. St. John asked how the money would be handled during the ten or 15 year time period. Mr. Ackerman said that detail has not been worked out. MACAA is amenable to any arrangement that is allow- able and practical to the County. Mr. St. John said the Board can donate $199,793 to MACAA anytime during this fiscal year, but he does not think the Board can put "strings" on that appropriation after it has been made. He also January 6, 1993 (Regular Day Meeting) M.B.Pg.97 (Page 11) does not believe the Board can put this money in an escrow account and then authorize payment for a number of years. The money cannot be put into an escrow account and still ~el°ng ~o the County. Mr. Ackerman said MACAA's request could be reduced because if they pay the principal in a quicker fashion the annual amount will not be the same. He thinks the mechanics can be worked out. MACAA has massive community support and this is a true partnership. Mrs. Humphris asked if City Council has discussed this request. Mr. Ackerman said City Council will consider MACAA's request at its first meeting in February. MACAA's request to the City is in three components. First, MACAA is requesting an appropriation of $144,085 from the City to be repaid the same as repayment to the County. Secondly, MACAA is requesting from the City a grant in the amount of $100,000 to help with the initial site improve- ments and, thirdly, continued real estate tax exemption. Mr. Perkins asked what other localities MACAA serves. Mr. Ackerman said MACAA serves Fluvanna, Louisa and Nelson counties. Mr. Perkins asked if these counties have been approached for support. Mr. Ackerman replied "not' because the site location will primarily serve Charlottesville and Albemarle programs and, secondly, because of the County's involvement with the YMCA property. MACAA does receive support from these counties, but is not requesting it for this project. Mr. Bain asked if any County residents are served by Hope House II. Mr. Ackerman said "yes", but whomever lives at Hope House II is considered a City resident. Mro Perkins said he thinks this is a worthwhile project for MACAA~ but he thinks the Board has to forget about the $385,000. If that money was not owed the County, MACAA would still be here asking for funds to do this project. It just happens that the YMCA owes money to the County° He thinks the Board has to approach this request from a sense of whether it is willing to give MACAA additional funds to carry this project out. He also thinks the Board needs to look closely at whether the County, the City and other juris- dictions are paying their fair Share of MACAA services. Me also hopes that MACAA scrutinizes its own budget to see if there are funds that can be diverted from operations to go towards this project. Mr. Bain agreed. Mrs. Humphris said the statistics that have been provided are helpful to her in looking objectively at this request, but she does not think the Board has a clear financial picture. The Board does not know who is providing what or how much. The Board does not know how much money is actually needed. She can foresee MACAA providing new and expanded programs. The operating costs are going to increase. She does not think the Board look at this as just a request for capital outlay° Mr. Bain said in his opinion the issue is whether there is a need for this expanded service and if the people are there to be served. Mr. Martin asked if it was possible to tie this request in with MACAA~s annual budget request. He asked if it would be possible to reduce their budget by the amount of the repayment. Mr. Perkins thought that would possibly obligate future Boards. Mro Bain said he would prefer to appropriate a sum, put it aside and then do an annual reappropriation. Mr. Martin said if the Board is in agreement, he suggests that the staff, County Attorney and MACAA work out legalities of funding and repayment. Mrs. Humphris said she is interested in knowing more financial information about MACAA and the financing arrangements made with the banking institutions and loan requirements. Mr. Perkins asked if MACAA had any idea of what kind of rental income would come from the property. 'Mr. Ackerman said they do not have complete dollar figures, but he hopes the first year a minimum of $10,000 would be received with that amount increasing in future years. MACAA would anticipate keeping those funds in a reserve for maintenance and improvements to the property. Mr. Marshall said he isa strong supporter of MACAA because of the services they provide. He is opposed to the taxpayers being bankers. If the Board can work this out so that the County can get its money and help MACAA at the same time, he is willing to support the request. He wants to know how this can be done and not make the taxpayers ultimately responsible for MACAA's debt. Mr. Bain asked if there was general consensus of the Board to move forward with this request. Board members replied "yes"° Mrs. Humphris asked what, if any, conflict there would be for the County in approving this request, Since the County is subsidizing the Teen Center which is renting space in the YMCA building. January 6, 1993 (Regular Day Meeting) (Page 12) M.B. 43, Pg. 98 Mr. Martin asked staff to review other alternative to fund the request such as a line item in the Capital Improvements Program. Mr. Tucker commented that staff could bring back various alternatives for the Board to consider. There was no further discussion at this time. Agenda Item No. 17. Deed of Correction - Rivanna Park. (Mr. Bowerman returned to the meeting at 12:33 P.M.) Mr. Tucker said this request is for a deed of correction to record a revised certificate of plat due to an indexing error as it relates to the Rivanna Park access road easement. He requested the Board to authorize the Chairman to sign the deed and plat. Motion was offered by Mrs. Humphris, seconded by Mr. Martin, to authorize the Chairman to sign the Deed of Correction and Corrected Certificate of Plat for the Rivanna Park. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. THIS DEED OF CORRECTION made and entered into this 8th day of December, 1992, by the CITY OF CHARLOTTESVILLE, a municipal corporation, P. O. Box 911, Charlottesville, Virginia 22902, and the COUNTY OF ALBEMARLE, a political subdivision of the Common- wealth of Virginia, 401 McIntire Road, Charlottesville, Virginia 22901. WITNESSETH: WHEREAS, a plat made by Roudabush, Gale & Associates, Inc., dated June 1, 1989 and revised January 18, 1990, dedicating the Rivanna Park access roadways to the Virginia Department of Trans- portation, was recorded on March 16, 1990, of record in the Clerk's Office for the County of Albemarle in Deed Book 1091, page 284; and WHEREAS, the certificate of plat is indexed in the aforesaid Clerk's Office under the names of Elizabeth Waters, former Mayor of Charlottesvillee and F. R. Bowie, former Chairman of the Albe- marle County Board of Supervisors; and WHEREAS, all parties concerned wish to have the plat indexed under the City of Charlottesville and the County of Albemarle; NOW, THEREFORE, the City of Charlottesville and the County of Albemarle hereby submit the attached corrected certificate of plat for recording in the Clerk's Office of the Circuit Court for the County of Albemarle. WITNESS the following signatures. CITY OF CHARLOTTESVILLE, VIRGINIA BY: Thomas J. Vandever, Mayor COUNTY OF ALBEMARLE, VIRGINIA BY: David P. Bowerman, Chairman, Albemarle County Board of Supervisors CORRECTED CERTIFICATE OF PLAT The attached (on file) plat, and courses and distances descriptions made by Roudabush, Gale & Associates, Inc., Certified Land Surveyor, Charlottesville, VA, dated June 1, 1989 and revised January 18, 1990, previously recorded in the Albemarle County Clerk's Office at Deed Book 1091, page 284, is of the lands of the City of Charlottesville and the County of Albemarle, Virginia~ situate in the Rivanna District of the County of Albemarle, being the same land acquired by the said City and County by deed dated February 19, 1986, from the Estate of Mary Mahanes, of record in the aforesaid Clerk's Office in Deed Book 872, page 1. This corrected certificate of plat is hereby confirmed and submitted for record in the aforesaid Clerk's Office in order to correct an indexing error in the original certificate of plat. Given under my/our hand(s) this 8th day of December, 1992. CITY OF CHARLOTTESVILLE, VIRGINIA BY: Thomas J. Vandever, Mayor January 6, 1993 (Regular Day Meeting) (Page 13) M.B. 43, Pg. 99 COUNTY OF ALBEMARLE, VIRGINIA BY: David Bowerman, Chairman Albemarle County Board of Supervisors Agenda Item No. 18. Discussion: Towers for Cellular Phones. Mr. Tucker said Ms. Amelia McCulley, Zoning Administrator, is present to provide additional information to the Board. Mr. Bain raised this issue at the last Board meeting. The Board has received a memorandum (on file) from Ms. McCulley on the item. Ms. McCulley said her memorandum spoke to towers for cellular phones. To clarify her determination, she said a special permit is not necessary for local distribution towers for public utilities that are monopoles and are not multi-legged. Any public utility that involves multi-legged towers still requires a special permit, and any utility that is not of a local distribution nature is still a public utility, but a regional transmission or relay-type of facility will require a special permit. Mr. Bain asked if there was any other type facility that would require a special permit. He asked of an application submitted for connection to a regional transmission or relay type facility would go through the permit process. Ms. McCulley responded "yes", and, in all cases, the monopole, even though it would not require a special permit, would go to the Planning Commission for Section 456 review of the Comprehensive Plan. Mr. Bain asked what constitutes a public utility. He is wondering if the Board should consider amending the Zoning Ordinance. Ms. McCulley said initially, as this Board may recall from prior opinions by the County Attorney, cellular phone companies are not public utilities because they are not licensed as such by the Federal Communications Commission (FCC). The County's Zoning Ordinance is more permissive than the FCC and has a narrower definition. The Ordinance states: "any plant or equipment for the conveyance of telephone messages ... either directly or indirectly to or for the public." Mr. St. John said he does not think the Board should tamper with this definition. If the Board wants to make a change, it should amend the by-right provisions such as allowing all towers in the RA district by special use permit only. Mr. Bain asked if a change would be limited to just the RA district. Ms. McCulley said this language is shown in all the districts. Mr. Bain said he does not want to limit it to the RA district. Mr. St. John said if the Board does not want towers by-right anywhere, then it could allow them by special use permit. Mr. Bain said he thinks if a change is made, it should be to allow towers by special permit only. Mr. Perkins said in his opinion there is no difference between a multi- legged tower and a monopole. Mr. St. John said he thinks the Board needs to amend the substantive provisions in each district with respect to towers and public utility towers. Mr. Bain asked staff's opinion on the Board making that change. Ms. McCulley said it is more of a policy decision, but applicants have commented that the process should be similar to site plan approval if they consider sites that already have towers. Mr. Bain said he does not have a problem with that given certain guidelines, but before lights are added, he wants to know about it. Mr. Tucker suggested staff look at some language along those lines and bring that back to the Board. Staff will bring back some alternatives for the Board to consider on February 3, 1993. Agenda Item No. 19a. Appropriation: Literature/Science Project Grant. Mr. Tucker said at its meeting on April 8, 1991, the School Board accepted funds for the Literature/Science Project Grant in the amount of $13,660. Since these funds were not fully expended in FY 1991-92, the Board is being requested to approve reappropriation of the remaining funds in the amount of $5,928 to FY 1992-93. Agenda Item No. 19b. Appropriation: Title II Grant. Mr. Tucker said at its meeting on April 6, 1991, the School Board approved the Title II Grant for $22,620. Since these funds were not fully expended in FY 1991-92, the Board is being requested to approve a reappro- priation of the remaining funds in the amount of $18,513 to FY 1992-93. Agenda Item NO. 19c. Appropriation: Title II D & E Grant. Mr. Tucker said at its meeting on April 6, 1991, the School Board accepted funds for the Title II D & E Grant in the amount of $16,000. Since these funds were not fully expended in FY 1991-92, the Board is being requested to approve a reappropriation of the remaining funds in the amount of $9,743 to FY 1992-93. January 6, 1993 (Regular Day Meeting) (Page 14) M.B. 43, Pg. 100 Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the following resolution to reappropriate $34,184 in carryover funds received from grants in FY 1991-92. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. FISCAL YEAR: 1992/93 NUMBER: 920027 FUND: PROC APP (PAL) PURPOSE OF APPROPRIATION: CARRYOVER OF PAL GRANTS FROM FY 91/92 EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1320361101160300 1320361101210000 1320361101601300 1320361101152100 1320361101160300 1320361101210000 1320361101312500 1320361101601300 1320361101350000 1320361101160300 1320361101210000 1320361101312500 1320361101601300 REVENUE INSTRUCTIONAL STIPEND FICA EDUC/REC SUPPLIES SUB WAGES-TEACHER INSTRUCTIONAL STIPEND FICA PROF SERVICES EDUC/REC SUPPLIES Printing & BINDING INSTRUCTIONAL STIPEND FICA PROF SERVICES EDUC/REC SUPPLIES TOTAL DESCRIPTION $ 4,000,00 306.00 1,622.00 4,095.00 2,000.00 313.00 2,205.00 9,300.00 600.00 6,646.00 623.00 1~500.00 974.00 $34~184o00 AMOUNT 2320324000240500 2320333000330208 2320333000330209 ILSC GRANT TITLE II GRANT #00291 TITLE II/D & E GRANT TOTAL $ 5,928.00 18,513.00 9,743.00 $34,184.00 Agenda Item No. 19d. Appropriation: GE Elfun Grant. Mr. Tucker said this appropriation reflects a $20,000 grant received from the G. E. Elfun Society in FY 1990-91. A portion of the grant was expended in FY 1990-91 and in FY 1991-92. The request is to reappropriate the remaining $10,565.39. Mtso Humphris offered motion, seconded by Mr. Martin, to adopt the following resolution to reappropriate $10,565.39 received from a G. E. Elfun Grant. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. FISCAL YEAR: 1992/93 NUMBER: 920030 FUND: G.E. ELFUN PURPOSE OF APPROPRIATION: FY 92/93 GRANT FUNDS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1320461311601300 INSTRUCTIONAL SUppLIES $10,565,39 TOTAL $10,565.39 REVENUE DESCRIPTION AMOUNT 2320451000510100 FUND BALANCE TOTAL $10,'565.39 $10,565.39 Agenda Item No. 19e. Appropriation: Carl D. Perkins Grant. Mr. Tucker said the Carl D. Perkins Vocational and Applied Technology Education Act of 1990 provides federal assistance for secondary~ postsecondary and adult vocational programs with emphasis on special populations (i.e.~ students with handicaps, educationally and economically disadvantaged, and individuals with limited English proficiency). Albemarle County Schools has received a grant in the amount of $105,399 for the FY 1992-93 School year. Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the following resolution of appropriation in the amount of $105,399 to reflect a Carl D. Perkins Grant. Roll was called and the motion carried by the following recorded vote: January 6, 1993 (Regular Day Meeting) (Page 15) M.B. 43, Pg. 101 AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. FISCAL YEAR: 1992/93 NUMBER: 920031 FUND: CARL D PERKINS PURPOSE OF APPROPRIATION: FY 92/93 GRANT FUNDS EXPENDITURE COST CENTER/CATEGORY 1320761190112100 1320761190114100 1320761190115000 1320761190210000 1320761190221000 1320761190231000 1320761190232000 1320761190241000 1320761190312500 1320761190350000 1320761190520100 1320761190520301 1320761190550100 1320761190580100 1320761190600100 1320761191152100 1320761191210000 1320761191350000 1320761191601300 1320761191800101 1320761192152100 1320761192210000 1320761192350000 1320761192420100 1320761192580500 1320761192601300 1320761192800101 DESCRIPTION AMOUNT SALARIES-TEACHER SALARIES-TEACHER AIDE SALARIES-OFFICE CLERICAL FICA VRS HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE PROFESSIONAL SERVICES PRINTING & COPYING POSTAL SERVICES TELEPHONE-LONG DISTANCE TRAVEL-ROUT INE DUES & MEMBERSHIP OFFICE SUPPLIES SALARIES-SUBSTITUTE TEACHER FICA PRINTING & COPYING $ 16,688.00 5,681.00 10,388.00 2,506.00 3,076.00 635.00 60.00 230.00 775.00 800.00 300.00 300.00 1,500.00 300.00 500.00 925.00 75.00 2,500°00 INSTRUCT/RECREATIONAL SUPPLIES 2,000.00 MACHINERY/EQUIP-REPLACEMENT 18,917.00 SALARIES-SUBSTITUTE TEACHER 925.00 FICA 75.00 PRINTING & COPYING 500.00 FIELD TRIP MILEAGE 900.00 STAFF DEVELOPMENT 2,000.00 INSTRUCT/RECREATIONAL SUPPLIES 2,800.00 MACHINERY/EQUIP-REPLACEMENT 28,543.00 TOTAL $105,399.00 REVENUE DESCRIPTION AMOUNT 2320733000330107 CARL PERKINS-VOC ED GRANT TOTAL $105,399.00 $105~399.00 Agenda Item No. 19f. Appropriation: Northside Library. Mr. Tucker said this request is for an adjustment to reflect completion Df Northside Library renovations. The balance of $448.98 will be returned to =he General Fund. Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the [ollowing resolution of appropriation in the amount of $448.98 for an adjustment to reflect completion of the Northslde Library renovations. Roll ~as called and the motion carried by the following recorded vote: %YES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. ~AYS: None. FISCAL YEAR: 1992/93 NUMBER: 920024 FUND: CAPITAL PURPOSE OF APPROPRIATION: ADJUSTMENT TO REFLECT COMPLETION OF NORTHSIDE LIBRARY RENOVATIONS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900073020950076 NORTHSIDE LIBRARY TOTAL ($448.98) ($448.98) REVENUE DESCRIPTION AMOUNT 2900018100181110 2900018100181120 DUMBARTON PROPERTIES LEASE/IMP LIBRARY DONATIONS TOTAL $3,205.49 -3,654.47 ($448.98) Agenda Item No. 19g. Appropriation: Stormwater Projects. Mr. Tucker said this appropriation request is to cover two stormwater ~rainage problems on private property which were created by runoff from public ~oads. The parcels are located in Northfields Subdivision and Rio Heights ~ubdivision. In both cases, the drainage channels/swales are outside the Tirginia Department of Transportation's right-of-way and have permanent ~asements but the plat does not dedicate the easements for public use. ~ngineering staff has determined that permanent drainage improvements are January 6, 1993 (Regular Day Meeting) M.B437 (Page 16) ' necessary to prevent continued erosion from the stormwater runoff. Continued deterioration of the channel/swale warrants this request for reappropriation outside the normal Capital Improvements Program submittal process. This approval is contingent upon the property owners completing an agreement accepting responsibility for future maintenance and repairs. Staff recommends the Board transfer $19,000 from revenues available in the Stormwater Fund. Mr. Tucker said these problems have existed for quite some time and they are the responsibility of the County since the County cannot require the developers to make the improvements. He thinks that stormwater management is an issue that the staff needs to look at in depth from a policy standpoint° Mr. Martin asked if the County has made drainage improvements previously because VDoT has refused. Mr. Tucker replied "yes". VDoT persOnnel basically states that where their right-of-way ends, their responsibility ends, and that it is either the County's responsibility or property owner's responsibility to make the improvement. VDoT will drain the water away from the road properly. Mr. Bain said he thinks the County needs to improve enforcing the bonds and monitoring the engineering work from the beginning of the project. Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the following resolution to transfer $19,000 from the Stormwater Fund for drainage repairs to the Lloyd and Strickland properties'. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. FISCAL YEAR: 1992/93 NUMBER: 920032 FUND: STORM DRAINAGE PURPOSE OF APPROPRIATION: EXPENDITURE COST CENTER/CATEGORY LLOYD/STRICKLAND DRAINAGE REPAIRS DESCRIPTION AMOUNT 1910041052800975 STORM WATER CONTROL IMP TOTAL $19,000o00 $19,000.00 REVENUE DESCRIPTION AMOUNT 29100451000510100 FUND BALANCE $19,000.00 TOTAL $19,000.00 Agenda Item No. 19h. Appropriation: High School Feasibility Study° Mr. Tucker said this is a request to transfer $25,000 in current CIP funds from Murray High School to fund a High School Feasibility Study. Funds for the Murray High School project were originally intended to replace a ceiling and repair water damage, but the project has been delayed until the is replaced. (Mr. Marshall left the meeting at 12:54 P.M.) Funds for replacement are in the CIP for FY 1993-94. The School Division would use $25,000 to begin the High School Feasibility Study in January, 1993~ in to have a recommendation for the next CIP process which begins in June. concurs with the School Board's request to begin the High School .ty Study and recommends transferring $25,000 from Murray High School this project. Mr. Bain asked what is the feasibility study. Dr. Robert Paskel, Super- intendent of Schools, said this feasibility study is to look exclusively at Western Albemarle High School site. A study has already been done of High School. This study would provide the School Division with the Lng information to determine whether either or both of those sites could expanded. He does not anticipate the costs to be $25,000. The work will contracted out to an outside firm. Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the following resolution to transfer $25,000 from Murray High School to fund a school feasibility study. Roll was called and the motion carried by the following recorded vote: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Mr. Martin and Mr. Perkins. None. : Mr. Marshall. FISCAL YEAR: 1992/93 NUMBER: 920028 FUND: CAPITAL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FROM MURRAY TO NEW HIGH SCHOOL STUDY January 6, 1993 (Regular Day Meeting) (Page 17) M.B. 43, Pg. 103 EXPENDITURE COST CENTER/CATEGORY 1900060304312350 1900060216999999 DESCRIPTION AMOUNT NEW HIGH SCHOOL-PLANNING $25,000.00 MURRAY SCHOOL (25,000.00) TOTAL $ 0.00 REVENUE DESCRIPTION AMOUNT TOTAL $ 0.00 Agenda Item No. 19i. Appropriation: Child Day Care Funds. Mr. Tucker said the County currently administers the Transitional Day Care Program and the JOBS Day Care Program. The Department of Social Services received notice that the State has allocated more child care funds than are currently in Social Service's local budget. Both of these programs are for child day care to allow the parents to remain employed or find employment. There are additional state funds of $69,000 which requires a match from the County of $6900. Social Services currently has the local match to cover these programs, but do not have the total dollars needed to cover expenditures. (Mro Marshall returned to the meeting at 12:57 P.M.) Mr. Perkins offered motion, seconded by Mr. Martin, to adopt the following resolution of appropriation in the amount of $69,000 to reflect additional day care funds received. Roll was called and the motion carried by the following recorded vote: AYES: ~AYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. FISCAL YEAR: 1992/93 NUMBER: 920029 FUND: GENERAL PURPOSE OF APPROPRIATION: ADDITIONAL DAY CARE FUNDS EXPENDITURE COST CENTER/CATEGORY 1100053013571005 1100053013571007 DESCRIPTION AMOUNT TRANSITIONAL DAY CARE JOBS DAY CARE TOTAL $34,500.00 34,500.00 $69,000.00 REVENUE DESCRIPTION AMOUNT 2100024000240102 2100051000510100 VPA PAYMENTS GENERAL FUND BALANCE TOTAL $62,100.00 6,900.00 $69,000.00 Agenda Item No. 19j. Appropriation: Drug Seizure Assets. Mr. Tucker said this request for appropriation for FY 1991-92 is to :over funds disbursed mainly to the Joint Drug Task Force resulting from drug ~ssets seized by the Task Force. Funds are used solely by the Task Force and :he University and County police for drug enforcement activities. When the ~ask Force was originally established, it was agreed that seized funds would )e accounted for by the County and the Task Force would be administratively ~upported by the City. This appropriation covers overtime expenses, operating ~xpenses and drug related activities of the Task Force, as well as those of :he University police and County police outside of the Task Force. Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the [ollowing resolution of appropriation in the amount of $111,725.13 to reflect irug seizure assets. Roll was called and the motion carried by the following :ecorded vote: ~YES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. ~AYS: None. FISCAL YEAR 1991/92 NUMBER: 910063 FUND: DRUG ASSETS PURPOSE OF APPROPRIATION: EXPENDITURE COST CENTER/CATEGORY APPROVAL OF FY 1991/92 EXPENDITURES DESCRIPTION AMOUNT 1123539000580902 REVENUE DRUG ASSETS DESCRIPTION $111,725.13 TOTAL $111,725.13 AMOUNT 2123515000150101 2123518000330200 2123533000330205 2123551000510111 INTEREST MISC. FEDERAL Equitable SHARE AGR POLICE TRANS FROM GEN'L FUND TOTAL $ 942.11 21,702.45 80,183.29 8,897.28 $111,725.13 January 6, 1993 (Regular Day Meeting) (Page 18) M.B. 43, Pg. 104 Agenda Item No. 20. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker invited Board members to the opening of Berkmar Drive on Monday, January 11, 1993, at 9:15 A.M. In case of inclement weather, the opening will be at 9:30 A.M., on Tuesday, January 12, 1993. Mr. Bain said the Board has been invited to tour the bailing facility in Waynesboro. He asked if Board members were interested. The tour will take approximately one hour. Mr. Jack Moore, who is in charge of the facility, will lead the tour explain how the operation works. He took an individual tour and thinks it is something other Board should look at. After some discussion the Board agreed to tour Waynesboro's bailing facility on the afternoon of February 3, 1993. Mr. Bain said he would confirm that this date is suitable. Mr. Bain asked that a status report on solid waste issues be presented at the meeting on January 13, 1993. Mrs. Humphris requested a staff report of the Virginia Association of Counties (VACo) Intermodal Surface Transportation Efficiency Act (ISTEA) work- shop which is to be held on Monday, January 11, 1993. Mrs. Humphris asked staff to find out some information on a study com- mittee that is planning to be look at Route 29 between Route 66 and 1-64. Mrs. Humphris said a notice was received from VACo that the draft report of the joint subcommittee to study financing mechanisms for jail construction has been released. She asked if staff had seen the report. Mr. Tucker said he has received the report and will be reviewing it. Mrs. Humphris brought to the Board's attention a memorandum to Mr. Richard E. Huff~ II, Deputy County Exec6tive, from Melvin Breeden, Director of Finance, concerning the real estate appraisals in the corridor of the Route 29 North bypass. Some time ago a lot of County citizens asked that consideration be given to tax relief because of the drastic impact on property values that are in the corridor. Mr. Breeden indicated that the Finance Department was making a good faith effort to recognize the potential decrease in value. She hopes that this will satisfy some of the people. Mr. Marshall said he is concerned about the recent real estate reassess- ments. He has received numerous calls and complaints, and he is in agreement with a large portion of the comments. He thinks it is absolutely absurd some of the values that have been placed on properties in this County in light of the economy. These properties are not appreciating as much as some of the assessors are saying. He pointed out that the assessments are much higher than assessments made by the banks. Mrs° Humphris said if property owners feel the assessments are too high, she thinks they should be encouraged to appeal the assessment to the Equali- zation Board. Mr. Bain said he also has received a lot of calls but citizens need to be made aware that there is nothing the Board can do about the reassessmentso Agenda Item No. 21. Executive Session: Personnel. At 1:21 P.M., Mr. Bain offered motion, seconded by Mrs. Humphris, to adjourn into executive session under Virginia Code Section 2.1-344.A.1 for personnel matters to include discussion of persons to interview for various boards and commissions vacancies. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. None. Agenda Item No. 22. Certify Executive Session. At 2:05 P.M., the Board reconvened into open session and adopted the following certification of executive session: MOTION: Mr. Bain SECOND: Mr. Perkins MEETING DATE: January 6, 1993 January 6, 1993 (Regular Day Meeting) 54.B.437 (Page 19) 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 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: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. NAYS: None. ~ ABSENT DURING VOTE: None° ABSENT DURING MEETING: None. Mr. Marshall offered motion, seconded by Mr. Bain, to appoint Mr. Michael Brown to the Social Services Board, with said term to expire on December 31, 1995. Roll was called and the motion carried bY the following recorded vote: ~YES: ~AYS: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and Perkins. Nonee Mr. Perkins offered motion, seconded by Mro Bain, to appoint Mrs. Betty ~chwartz to the Social Services Board, with said term to expire on December 31, 1995. Roll was called and the motion carried by the following recorded ~ote: Mr. Bain, Mr. Bowerman, Mrs. Humphris~ Messrs. Marshall, Martin and Perkins. None. Agenda Item No. 23. Adjourn. At 2:10 P.M., with no further business to before the Board, the meeting was adjourned. Chairman