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HomeMy WebLinkAbout1989-06-21June 21, 1989 (Regular Night Meeting) (Page 1) 107 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June 21, 1989, at 7:30 P.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. Edward H. Bain, Jr., Mr. F. R. Bowie, Mrs. Patricia H. Cooke (arrived 7:35 P.M.), and Peter T. Way. BOARD MEMBERS ABSENT: Messrs. C. Timothy Lindstrom and Walter F. Perkins. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; Mr. V. Wayne Cilimberg, Director of Planning and Community Development; and Mr. Ron Keeler, Chief of Planning. Agenda Item No. 1. Call to Order. The meeting was called to order at 7:36 P.M. by the Chairman, Mr. Way. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Motion was offered by Mr. Bain and seconded by Mr. Bowie to'approve Items 4.1 and 4.2 of the Consent Agenda and to accept the remaining items as infor- mation. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. Item 4.1. Statements of Expenses for the Department of Finance, Sheriff, Commonwealth's Attorney and Regional Jail, f~r the month of June, 1989, were approved as presented by the vote shown above. Item 4.2. Request to take Ivy Ridge Road, located in Ivy Ridge Subdivi- sion, into the State Secondary System of Highways. The request, dated June 9, 1989, was received from Mr. Ernest A. Flynn, ~ho asked that Ivy Ridge Road be accepted into the State system of highways. The following resolution was adopted by the vote shown above: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Department, the following road in Ivy Ridge Subdivision: Ivy Ridge Road: Beginning at Station 0+09, a point common to the centerline of Ivy Ridge Road and the edge of pavement of State Route 657, thence in a westerly direction 1,620.66 feet to Station 16+29.66, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Transpor- tation be and is hereby guaranteed a 40 foot unobstructed right-ofway and drainage easement along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1040, page 50. Item 4.3. A copy of the Planning Commission minutes for June 6, 1989, was received as information. June 21, 1989 (Regular Night Meeting) (Page 2) 108 Item 4.4. Notice, dated May 15, 1989, of application filed by the Virginia Telephone Association with the State CorpOration Commission, for the authority to reduce the free call allowance for directory assistance calls was received as information. Item 4.5. Arbor Crest Apartments monthly bond report for May, 1989, received as information. Item 4.6. Notice, date June 2, 1989, of an application filed by Virginia Electric and Power Company with the State Corporation Commission, for approval to implement experimental daily variable pricing rate Schedule 10 large general service, received as information. Item 4.7. Notice, dated June 14, 1989, from Mr. D. E. Ogle, Assistant Highway District Engineer, of a location and design public hearing on the Route 250 from St. Clair Avenue to 1-64 project (Project No. 0250-104-102, C-501), received as information. Item 4.8. Memorandum dated June 19, 1989, from Mr. Robert W. Tucker, Jr., Deputy County Executive, concerning the status of Greenwood Chemical, received as information. Agenda Item No. 5. SP-89-30. Edward R. or Gloria M. O'Brien. To locate a single-wide mobile home on 28.610 acres zoned RA. Property on north side of Route 250 E, approx. 0.8 of a mile east of its intersection with 1-64. Tax Map 78, Parcel 49. Scottsville District. (Advertised on June 8 and June 14, 1989.) ~ Mr. Keeler gave the staff's report as follows: "Staff Comment: The proposed mobile home will be slightly visible from Route 622. The only dwelling visible from this site will be a mobile home, owned by the applicant (SP~86-97). The applicant's sister is to use the proposed mobile home. One other mobile home is located within one mile of this site. One letter of objection has been received. This letter states concerns of possible property value loss. The applicant has stated that the property will be divided in the future. ~ Should the Planning Commission and Boardlof Supervisors choose to approve this petition staff recommends the following conditions of approval. Recommended Conditions of Approval: Albemarle County building official'approval; Conformance to all area, bulk and Other applicable requirements for district in which it is located; Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; Provision of potable water supply and sewerage facilities to the satisfaction of the zoning administrator and approval by the local office under current regulations; Maintenance of existing vegetation, landscaping and/or screen- ing to be provided to the satisfaction of the zoning adminis- trator. Required screening shall be maintained in good condi- tion and replaced if it should die; Mobile home is not to be rented; Special use permit is issued for the use of Edward R. and Gloria M. O'Brien's family only; June 21, 1989 (Regular Night Meeting) (Page 3) 109 Mobile home is to be located as shown on the attached plat, 200 feet from Route 622, 70 feet from the southern property line, 140 feet from the proposed western property line and 40 feet from the proposed northern property line." Mr. Keeler said the Planning Commission, at its meeting on June 6, 1989, had unanimously recommended approval of the petition subject to the conditions in the staff's report, but changing the words at the end of #4 from "current regulations" to "of the Virginia Department of Health". The public hearing was opened at this time. Mr. O'Brien was present but did not address the Board. Since no one else wished to speak to this applica- tion, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Bowie noted that the staff received one letter objecting to the mobile home on the grounds that it would be rental property. He asked the applicant if he intended to rent this mobile~home. Mr. O'Brien said "no". Motion was offered by Mr. Bowie and seconded by Mr. Bain to approve SP-89-30 subject to the conditions recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. (Note: The conditions of approval are set out in full below.) 1. Albemarle County Building Official approval; Conformance to all area, bulk and ~ther applicable requirements for district in which it is located; Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; Provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health; Maintenance of existing vegetation. Landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening Shall be maintained in good condition and replaced if it should die; 6. Mobile home is not to be rented; Special use permit is issued for the use of Edward R. and Gloria M. O'Brien's family only; Mobile home is to be located as shown on the attached plat, 200 feet from Rt. 622, 70 feet from the southern property line, 140 feet from the proposed western property line and 40 feet from the proposed northern property line. Agenda Item No. 6. SP-88-82. Akwenasa Community, Inc. To conduct twice annually such events as festivals, civil war reenactments, demonstration and sale of periodic crafts and tours of the premises on 19.435 acres, zoned RA. Property on the east side of Route 602, about lone-half mile north of Rt. 724 at Howardsville. Tax Map 135, Parcel 25C. Sdottsville District. (Advertised in the Daily Progress on June 8 and June 14, ~989.) Mr. Keeler gave the staff's report: "Staff Comment: The applicant has stated that 'Akwenasa expects attendances, over a one-day event, to ranEe from 350 to perhaps 800, June 21, 1989 (Regular Night Meeting) (Page 4) depending on the nature of the festival, weather conditions etc. Certain events are hoped to be held in conjunction with Howardsville's Bateau festival, spring planting seasons, fall harvesting seasons, Civil War reenactments, craft demonstrations, etc.' Staff believes that the proposed events are supportive of the Rural Areas district. Section 5.1.27 of the Zoning Ordinance which governs temporary events requires that the public roads serving the site are adequate to accommodate traffic; and that the character of such use will be in harmony with the public health, safety, and welfare, etc. The section of Route 602 which this site accesses is currently tolerable. However, the location of the proposed parking area is off-site on Tax Map 139A, parcels 16 and 17. Route 602 between the proposed parking area and Akwenasa is currently non-tolerable. Currently 390 feet of sight distance exists to the north. To obtain the required 450 feet of sight distance will require grading of the slope on the east side of Route 602. The applicant has stated that 'the cost of grading would be prohibitive. Instead Akwenasa will agree to maintain a qualified person at the entrance at all times during any festivals'. Only police officers would be qualified to direct traffic at the entrance. Staff does not recommend the use of the Albemarle County Police in lieu of obtaining the required sight distance. The applicant has stated that the owner of the property on which the proposed parking is to be located is unwilling to sign a deed of easement. However, the owner, Robert Baber, has signed a statement allowing the use of his land in principle for parking. Visitors to Akwenasa are to be shuttled by van from .the proposed parking area to Akwenasa. Staff does not recommend the approval of off-site parking without easements which guarantee the availability of parking. Staff recommends denial of this special use permit based on the following: 1. Unsafe access due to the lack of required sight distance; 2.~ Insufficient easements providing fo~ off-site parking; 3. Higher traffic volumes on a portion:of Route 602 which is currently non-tolerable." Mr. Keeler said the Planning Commission,'at its meeting on June 6, 1989, had unanimously recommended approval of the petition subject to the following conditions: Compliance with Section 5.1.27 of the Zoning Ordinance which states: "Special use permits may be issued by the Board of Supervisors pursuant to this section, upon finding: That the public roads serving the site are adequate to accommodate the traffic which would be expected to be generated by such event; That the character of such use will be in harmony with the public health, safety and welfare, and uses permitted by right in the district and will not be of substantial detriment to adjacent property in terms of smoke, dust, noise, hours of operation, artificial lighting or other specific identifiable conditions which may be deleterious to the existing uses of such property. Except as the Board of Supervisors may expressly add or delete conditions in a particular case, each such permit shall be subject to the following conditions:' June 21, 1989 (Regular Night Meeting) (Page 5) iii A preliminary plan showing access, parking, vehicular and pedestrian circulation, and method of separation of the same shall be approved by the Director of Planning; Such organization shall have made adequate arrangements with the county sheriff, fire and rescue squads, and the local office of the Virginia Department of Health for the conduct of such event; Adequate arrangements have been made for the removal of trash and debris, reseeding and general restoration of the site following the event. The board of supervisors may establish and require the posting of a bond in an amount deemed by the zoning administrator to be sufficient for such purpose. Provision of traffic control shall be at the expense of the applicant and shall be in a form acceptable to the Chief of Police. Applicant shall be limited to two, one-day festivals, one in the fall of 1989 and one in the spring of 1990. Provision of adequate parking on Tax Map 139A, Parcels 16 and 17 in a form acceptable to the County Attorney; o Access from the parking area shall be by shuttle bus and shall not be pedestrian access or by private vehicle. The public hearing was opened at this time. Mr. David Hurd, the attorney representing Akwenasa, addressed the Board. Mr. Hurd said the Akwenasa Community is willing to hire two off-duty police officers to direct traffic along this section of Route 602 during the festivals. He said one officer placed at the bottom of the driveway and another placed at the entrance of the parking lot would guarantee adequate sight distance. Mr. Hurd said this proposal to handle the traffic satisfied the~Planning Commission. Mr. Hurd added that Mr. Robert Baber has agreed to allow Akwenasa to use his property for parking during the events held at Monticola during 1989. Since no one else wished to address this request, Mr. Way closed the public hearing and placed the matter before the Board. Mr. Way said he thinks the Planning commission has addressed the concerns expressed by the staff. He also supports approving this request for one year, before deciding to make it permanent. Motion was offered by Mrs. Cooke and seci6nded by Mr. Bowie to approve the petition subject to the conditions recommended by the Planning Commission and set out above. Roll was called and the motiom carried by the following recorded vote: ~ AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr~ Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. Agenda Item No. 7. Road-Bra~nage-Pr~ject~ Agenda Item No. 8. Reqnest-fr~m-Mr=-EeV~-W~ts~n-concern~ng-the-S~t~m~n (Request withdrawn.) Executive Session: Personnel. At 7:58 P.M., motion was offered by Mr. Bowie and seconded by Mr.. Bain to adjourn into Executive Session to discuss personnel matters. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr~ Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. The Board reconvened into open session at 8:06 P.M. and continued with the scheduled agenda. June 21, 1989 (Regular Night Meeting) (Page 6) Agenda Item No. 9. Appointments. For the public's information, Mr. Agnor said that Captain John Ml~e~er ~as served as Deputy Chief of Police for eight years in the Rockville, Maryland Police Department. Before moving to Rockville, Capt. Miller served for thirteen years in the police department in Alexandria, Virginia. Capt. Miller holds a Bachelor's degree in Administration of Justice and a Master's degree in Public Administration. The selection of Capt. Miller marks the end of a long and rigorous search for a police chief who would satisfy the standards of the public, the County staff and local law enforcement officials. Mr. Agnor said he is happy to recommend that Capt. Miller be appointed Chief of Police of Albemarle County, effective Monday, July 31, 1989. Mr. Way commended the thoroughness of the process which resulted in Mr. Miller's selection and thanked the people who served on the various committees that interviewed and screened the applicants. Mr. Way thanked Commander Thomas Maxwell for serving as acting chief until the position could be filled. Mr. Bain said he concurs with the Chairman's remarks. Motion was offered by Mrs. Cooke and seconded by Mr. Bowie to appoint Mr. John Miller as Chief of Police of Albemarle County effective July 31, 1989, at a salary of $48,130. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. (The Board recessed at 8:12 P.M. and reconvened at 8:21 P.M. Agenda Item No. 10. Discussion: JPA/FOntaine Avenue Neighborhood Study. Mr. Cilimberg outlined the Jefferson Park Avenue/Fontaine Avenue Neigh- borhood Study, and summarized the Planning and Coordination Council's recom- mendations for the development of parcels of land in the JPA-Fontaine area and for the improvement of the roads to handle this development. Of particular interest to the County should be the recommendations concerning Sunset Avenue, Mr. Citimberg said. With the termination of Sunset Avenue, an alternate north-south access is needed in the western section of the JPA-Fontaine area. He said the Committee suggested two possible!accesses: a connection from Sunset to Fontaine via parcels B1, B2, C3 andiC2 (as set out in the report); or, a connection between Sunset Avenue and Route 29 via parcels D2 and D1, linking to the existing intersection from Sherwood Farms onto Route 29. Mr. Cilimberg said the topography of the area and several railroad crossings would make either of these alternatives difficult to construct, which is why the Planning Commission and staff recommend that iheither of these alignments be shown on any future plans for this area. He i~aid the staff and Planning Commission believe that developing an alignmsnt for a north-south connector in this area is premature until the results fromlthe traffic modeling study are available. Mr. Way referred to the improvements recommended by the Committee for Fontaine Avenue, such as widening the road into a four-lane divided boulevard, building sidewalks on both sides and construc{ing left turn lanes at intersec- tions. He asked if many of these improvements would be paid for by develop- ers. Mr. Cilimberg said there is a proffer appended to a request by the University Real Estate Foundation to rezone one of these parcels for commer- cial use which would pay for widening Fontaine Avenue to four lanes. Mr. Bain indicated the area on the map east of Sherwood Farms marked D1, which the Committee has slated for medium density development while the staff and Planning Commission believe this area is ~uitable only for low density development. Due to the topography of this area, Mr. Bain said, he is not sure whether this property is suitable for even low density development. Mr. Cilimberg said a developer is currently working on a plan for this area which would include clustered developments. ~ June 21, 1989 (Regular Night Meeting) (Page 7) 113 Mr. Cilimberg continued his presentation and said the Planning Commis- sion, at its work session on May 30, 1989, had agreed to forward the Jefferson Park Avenue/Fontaine Avenue Neighborhood Study to the Board. Mr. Cilimberg said the Planning Commission agreed in general with the Comprehensive Plan Amendments recommended by the study, with the following exceptions: The two alternative north-south connectors (Sunset Avenue/ Fontaine Avenue and Sunset Avenue/Route 29) should not be shown on the land use map. Those areas that correspond to the eastern half of areas noted as D-2 in the Study are appropriate for medium density residen- tial, and all other areas south of 1-64, East of Sherwood Farms and west of Sunset Avenue, should remain low density. This area should be developed under a consolidated planned develop- ment sensitive to environmental and topographical constraints. Allowance should be made for clustering of dwelling units at higher net densities. The property currently being considered for a new sports complex by the University of Virginia should not be developed to any scale for which parking cannot be accommodated on site. PAcc Area B Study Area boundaries should conform with Compre- hensive Plan Neighborhood boundaries. Inclusion of Sherwood Farms and exclusion of the southwest quadrant of the 1-64/U. S. 29 interchange is inconsistent with Neighborhood 5 of the Comprehensive Plan Urban Area. Mr. Cilimberg said the next step is for the Board to make its recommenda- tions to the PACC Policy Committee. After their final deliberations, recom- mendations will come back to the Planning Commission in the form of Comprehen- sive Plan amendments. (Mr. St. John left the meeting at 8:41P~M.) Mr. Bain said he agrees with the Plannin~ Commission's recommendation concerning a north-south connector route SunSet Avenue. He said such a road would be expensive given the topography of the area. Mr. Way said he thinks the Planning Commission's recommendations make sense. · There were no objections from the Board i~o forwarding the Planning Commission's comments and recommendations as 6utlined by Mr. Cilimberg to the PACC Policy Committee. Agenda Item No. 11. Model Housing Project in Albemarle County, update and progress report on alternatives. (Note: Mr. St. John returned to the meeting at 9:03 P.M.) Mr. Cilimberg said the staff had presented a report on the Albemarle County Model Housing Project to the Board on January 11, 1989, providing alternatives for the Housing Project. As a result the Board had authorized staff to begin development of a specific project proposal on a specific site. Mr. Cilimberg said staff has researched potential sites for the location of a housing project through field analysis and discussions with landowners and developers. To date these efforts have not r~sulted in a site. Mr. Cilimberg said staff held meetings with representatives~!~of the Blue Ridge Homebuilders Association to receive their recommendations.~ He said they stressed the need for site control through an option to buy or ~hrough actual purchase of a site. They also indicated that an individual!who would devote full time to the development of this type of project is needed. Mr. Cilimberg said the Charlottesville HQUsing Foundation had identified potential financial resources. Through a combination of its own funds raised from donations in the community and funds fro~ another non-profit foundation, CHF has devised a three year plan that would ~ommit $242,000 to a deferred June 21, 1989 (Regular Night Meeting) (Page 8) 114 loan program. A local builder has also indicated serious interest in partici- pating in the project. Staff is continuing to research other possible funding sources. A new program under the Virginia Housing Partnership Fund can provide up to $500,000 for fifteen years at a three percent interest rate. Mr. Cilimberg said that, although some progress has been made on the housing project, there is still some work to be done. Should the Board wish to pursue this project, staff recommends that the Board: Authorize application for up to $500,000 in Single Family Production Loan funds from the Virginia Housing Partnership Fund. To put this application in the best possible competitive posture, several other actions would be necessary to ultimately achieve site control, developer commitment, a waiting list of potential buyers, and other financing commitments. Authorize the County to undertake a definite site search with the assistance of one or more local realtors. Coordination of this site search could be handled through CHF or the County's Housing Coordinator at the Thomas Jefferson Planning District Commission. Direct the County's Housing Coordinator at TJPDC to coordinate the project development process, working with CHF, AHIP, Albemarle County, and other local interests. Consider funding the Homeownership~iProgram to allow AHIP's staff to assist with the site search and begin outreach and pre-screening of possible home buyers. Tentatively commit at least a one-for-one match of County dollars to CHF's tentative commitment of $242,000. Expenditure of these funds should be subject to several conditions includ- ing 1) selection of a suitable site; 2) final decisions on developer participation and the commitment of a developer; 3) final commitment for funding by CHF; 4) receipt of Single Family Production Loan funds; and 51) final determination of specific project costs and funding sources. Mr. Cilimberg said these recommendationJ~'may represent a great commitment for the County, but he feels they would be v~%al to bringing this project to a reality. These actions would provide a catalyst to involve other participants from the community, especially aiding the fuhding-raising efforts of CHF. Mr. Cilimberg presented Ms. Nancy O'Brien of TJPRC, Mr. Francis Fife, Director of the Charlottesville Housing Foundation, and Ms. Theresa Tapscott of AHIP. Mr. Bowie referred to the term "deferred~loans'' cited in Mr. Fife's letter dated June 12, 1989, as contributions from X Foundation and CHF in the amount of $242,000. Mr. Bowie asked who would repay these loans. If the project works out so that these funds could be recovered, Mr. Fife said, then the loans could be repaid. To keep homeowners from taking advantage of the County and using the housing units as a profit-making scheme, a homeowner may be required to pay back the loan if he or she.sold the house within five years of buying it. Mr. Bowie said he just wanted to make sure the County was being asked to match funds for a housing project, rather than bear the entire burden. Mr. Fife said these projects demand a partnership between state and local government and private foundations. Wh~le the CHF has not voted to proceed with the County on a housing project, he thinks that CHF and Founda- tion X will agree to go ahead with such a project if the County will do its share. Mr. Fife urged the Board to fund the position requested by AHIP as part of its Homeownership program. He said it is very important to have someone working with families and future owners during the first stages of the project, before the houses are built. He said that CHF, as part of its first low- and moderate-income housing development,~interviewed future owners before the blueprints for the houses were drawn, so ~he homeowners could help choose the type of houses to be built. In that case~ he said, every house was sold before construction began and CHF saved money ~y not having to hire real estate brokers. ~ June 21, 1989 (Regular Night Meeting) (Page 9) 115 Mr. Cilimberg asked when Foundation X would decide whether to fund one-half of the position requested by Mr. Fife. Mr. Fife said he will meet with this foundation in July, and he hopes the matter will be decided at that time. Mr. Way said he thinks the Board is committed to proceeding with this type of project. He thinks the staff should proceed with the application for Single Family Production Loan funds from the Virginia Housing Partnership Fund. Mr. Bain agreed and said he thinks the Board should fund one year of the position requested by CHF and AHIP. However, he said, he is not ready to support matching the $242,000 offered by CHF and Foundation X until the Board has more information concerning the selection of a site and screening the potential homeowners. Mr. Bowie said he is disappointed that support from the private sector does not seem to be keeping up with earlier expectations. He thinks that staff should proceed with the application fog Single Family Production Loan funds and he is willing to support funding the requested position at $24,000, even though this spends nearly one-quarter of the $100,000 the Board has reserved in contingency funds. He said he supports funding this position only on the condition that everything else comes through, that a site presents itself and the funding from the Virginia Housing Partnership Fund becomes available within 60 days. Otherwise, he said, he thinks it is silly to hire coordinator when there is no site, no houses .and no money. Mrs. Cooke agreed with Mr. Bowie. Mr. Way noted that he has met with the Board of Realtors and they seem anxious to become involved in the project. He suggested that Mr. Cilimberg contact the Board of Realtors and let them know what they can do to help. Motion was offered by Mr. Bowie and seconded by Mrs. Cooke to authorize staff to proceed with recommendations one through four, contingent upon monies being available. Mr. Bain asked Mr. Cilimberg if the application would stand a greater chance of success if the Board were to follow Recommendation #5 and tenta- tively commit at least a one-for-one match of County dollars to CHF's tenta- tive commitment of $242,000, subject to the conditions outlined in the staff's report. Mr. Cilimberg said "yes" Mr. Fife said that, according to Mr. Bob Adams of the Virginia Housing Partnership Loan program, that the readiness of the applicants will determine whether the request is granted. If all the conditions set out in the fifth recommendation are met, Mr. Way said, he does not think he would have any problem supporting the expendi- ture of $242,000 in matching funds. Mr. Bain~said he thinks the Board is protected by these conditions and should move forward. Mr. Bowie asked Mr. Agnor how this $242,000 could be funded. Mr. Agnor said the project would have to be funded from~current revenues or some project would have to be deleted from the Capital Improvements Program. After ascertaining from Mr. Cilimberg that refusing to follow the fifth recommendation could affect the success of th~ application, Mr. Bowie amended the motion to include all the recommendations with the understanding that approval is contingent upon funds being available and site availability. Mrs. Cooke agreed to this amendment. There was no further discussion. Roll was called and the motion carried by the followin~ recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. Agenda Item No. 12. Discussion: 1990 Legislative Program. June 21, 1989 (Regular Night Meeting) (Page 10) 116 Mr. Agnor cited his memo of June 15, 1989, and said the two items listed for inclusion in the legislative program for the 1990 session of the General Assembly to be forwarded to the Virginia Association of Counties are: 1) Equal taxing/borrowing power to meet the increasing demand to provide services to a growing population; 2) Legislation requiring that net funds raised from the Virginia State Lottery be distributed back to localities for needed capital projects. Mr. Agnor explained that other legislation, such as amending the State Code for School Board salaries, could easily be introduced by one of the local legislators and did not need to be included in the VACo package. Motion was offered by Mr. Bain and seconded by Mr. Bowie to authorize staff to convey the two position statements outlined in the County Executive's memo of June 15, 1989, to YACo for inclusion in the legislative program for the 1990 session of the General Assembly. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. Agenda Item No. 13. Appropriations: Gypsy Moth Grant, Thomas Jefferson Health Educator Grant and Community Development Block Grant. Mr. Agnor said appropriations are requested for three items. The appro- priation for the Gypsy Moth Pest Management Demonstration Project totals $56,613 and is fully funded by the Federal Government. The appropriation for the Thomas Jefferson District Health EducatoriRisk Reduction Program covers the period April 1, 1988, to June 30, 1989. 'The balance for this program of $26,594 is totally funded by the Virginia Dep~rtment of Health. The last appropriation for Community Development Block:}Grant funding for the Housing Rehabilitation Program is $285,000. It is fully funded by the Virginia Department of Housing and Community Development. Motion was offered by Mr. Bain and secomded by Mr. Bowie to appropriate $56,613 for the Gypsy Moth Grant; $26,594 for~ the Thomas Jefferson District Health Educator Grant; and $285,000 for the Community Development Block Grant, by adopting the following resolutions: Roll was called and the motion carried b~ the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr7 Way. NAYS: None. ~ ABSENT: Mr. Lindstrom and Mr. Perkins. APPROPRIATION REQUEST FISCAL YEAR FUND PURPOSE OF APPROPRIATION: 88/89 FuDdiIlg Of GYDS!Y Moth Gr~nt EXPENDITURE COST CENTER/CATEGORY 1123034010100100 1123034010200100 1123034010200200 1123034010200500 1123034010200600 1123034010200700 1123034010201100 1123034010550100 1123034010550101 1123034010540301 DESCRIPTION COMPENSATION FICA ¥SRS HEALTH INSURANCE LIFE INSURANCE DENTAL WORKERS COMPENSATION ~NSUI~NCE TRAVEL-ROUTINE MILEAGE TRAVEL-POOL CAR OTHER OPERATING SUPPLI'ES TOTAL AMOUNT $44,483.00 3,340.00 2,475.00 838.00 222.00 60.00 84.00 2,365.00 2,366.00 380.00 $56,613.00 June 21, 1989 (Regular Night Meeting) (Page 11) REVENUE DESCRIPTION AMOUNT 117 2123033000330001 GRANTS REVENUE - FEDERAL TOTAL $56,613.00 $56,613.00 APPROPRIATION REQUEST FISCAL YEAR FUND PURPOSE OF APPROPRIATION: EXPENDITURE COST CENTER/CATEGORY 88/89 CDBG-AHIP Funding of 88/89 Community Development Block Grant for AHIP's housing rehabilitation program. DESCRIPTION AMOUNT 1122481020563100 AHIP REVENUE $285,000.00 TOTAL $285,000.00 DESCRIPTION AMOUNT 2122424000240500 GRANT REVENUE - STATE $285,000.00 TOTAL $285,000.00 APPROPRIATION REQUEST FISCAL YEAR 88/89 NUMBER FUND PURPOSE OF APPROPRIATION: Funding of 88/89 Thomas Jefferson Health Educator Grant EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 880051 GRANT AMOUNT 1122951030100100 1122951030200100 1122951030200200 1122951030200500 1122951030200600 1122951030201100 COMPENSATION FICA ¥SRS HEALTH INSURANCE LIFE INSURANCE WORKERS COMPENSATION INSURANCE TOTAL $19,892.00 1,494.00 1,979.00 838.00 180.00 2,211.00 $26,594.00 REVENUE DESCRIPTION AMOUNT 2122924000240500 GRANT REVENUE STATE TOTAL $26,594.00 $26,594.00 Agenda Item No. 14a. Rivanna Park: Resolution for Highway Department Permit. ~ Mr. Agnor said the Virginia Department of Transportation had requested both the City of Charlottesville and the Coun~ty to adopt a resolution guaran- teeing certain rights-of-way for widening the~road at the Rivanna Park en- trance. These guarantees are being used in lieu of fee simple conveyances of the property. ~ Motion was offered by Mr. Bain and seconded by Mr. Bowie to adopt the resolution as set out below granting a guaranteed right-of-way to the Virginia Department of Transportation as presented by ~he County Executive. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr.~ Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. WHEREAS, the City of Charlottesville and Albemarle County are jointly constructing an entrance for Rivanna Park along State Routes 20 and 1421; and WHEREAS, the Virginia Department of Transportation has requested that rights-of-way recently acquired by the City and County be deeded to VDoT or that, alternatively, a joint resolution June 21, 1989 (Regular Night Meeting) (Page 12) 118 guaranteeing VDoT an unobstructed right-of-way be adopted before a permit for construction can be issued; and WHEREAS, it is thought that adoption of such a resolution will allow construction to begin sooner; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the City of Charlottesville and the County of Albemarle hereby guarantee tolthe Virginia Department of Transportation an unobstructed right-of,way and sight and drainage easements across that property shown as~parcels X, Y and Z and the shaded area shown on a plat of Roudabush, Gale and Associates, Inc., dated June 1, 1989, which is attached hereto and made a part hereof. Agenda Item No. 14b. Authorize Chairman to sign water line easement for the Albemarle County Service Authority. Mr. Agnor said the City Attorney had requested approval of a deed by which the City and the County would grant a water line easement across the Rivanna Park property to the Albemarle County Service Authority. The City Council has already authorized the Mayor to sign the deed. Motion was offered by Mr. Bain and seconded by Mr. Bowie to authorize the Chairman to sign a deed of easement as presented by the County Executive and set out below. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. (Note: The deed is set out in full below.) THIS DEED OF EASEMENT made this 15th of June, 1989, by and between THE CITY OF CHARLOTTESVILLE, VIRGINIA and THE COUNTY OF ALBEMARLE, VIRGINIA, Grantors, and the ALBEMARLE COUNTY SERVICE AUTHORITY, Grantee, hereinafter "Authority", whose address is 401 McIntire Road, Charlottesville, Virginia 22901. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideratiQn, the receipt of all of which is hereby acknowledged, Grantors dO hereby GRANT and CONVEY with SPECIAL WARRANTY unto the Albemarl~County Service Authority a perpetual easement and right-of-way twenty (20) feet in width to lay, erect, construct, install, maintaih~ repair, replace and extend a water line consisting of a pipe and all equipment, accessories, and appurtenances necessary in connectiOn therewith, located within the right-of-way, as shown on plat made !by Roudabush, Gale & Associ- ates, Inc. dated June 1, 1989, which plat is attached hereto and made a part of this deed. This easemen~and right-of-way crosses a portion of the property acquired by Grantors by deed dated February 19, 1986, of record in the Clerk's Offic~ of the Circuit Court of Albemarle County, Virginia, in Deed Booki872, page 1. Reference is made to the attached p~at for the exact location and dimensions of the perpetual right-of+way. Grantors agree that new trees, shrubs, fences, buildings, overhangs, or other improve- ments or obstructions shall not be placed within the perpetual right-of-way conveyed herein. ~! As part of this easement and right-Of-way, the Authority shall have the right to enter upon the above-d~scribed property within the easement area for the purpose of installing, constructing, maintain- ing, repairing, replacing, and extending~the water line and appur- tenances thereto, within such easement, and the right of ingress and egress thereto as reasonably necessary t6 construct, install, June 21, 1989 (Regular Night Meeting) (Page 13) 119 maintain, repair, replace, and extend such line. Whenever it is necessary to excavate earth within the easement, the Authority agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practicable to the same condition as prior to excavation. The facilities constructed within the right-of-way shall be the property of the Authority, which shall have the right to inspect, rebuild, remove, repair, improve, and make such changes, alterna- tions, additions and connections to or extensions of its facilities within the boundaries of said right of Way as are consistent with the purpose expressed herein. The right-of-way provided for here~n shall include the right to cut any trees, brush, and shrubbery, remove obstructions, and take other similar action reasonably necessaCy to provide economical and safe waterline installation, operation, iand maintenance. The Authority shall have no responsibility ~o the Grantors to replace or reimburse the cost of said trees, brush, shrubbery, or obstructions if cut, removed or otherwise damaged. IN WITNESS WHEREOF, the City of Charlottesville and the County of Albemarle have caused this deed to be executed by its duly authorized representatives; and WITNESS the following signatures." Agenda Item No. 15. Approval of Minutes: October 19, 1988. None had been read. July 20, September 7 and Agenda Item No. 16. Other Matters not Listed on the Agenda from the Board and Public. Mr. Agnor gave a status report on the Old Scottsville School. He said the current agreement between the County of ~lbemarle and the Jordan Develop- ment Corporation anticipated the use of a $30D,000 Community Development Block Grant, which was denied. As a result the Jorhan Development Corporation will not be able to pay $65,000 for the property, iiThey have requested an addendum to the agreement. Mr. Agnor recommended that the agreement with Jordan Development Corporation be amended by deletin~ the reference to the CDBG funds and by indicating that the County will pay for asbestos removal. Mr. Agnor said the County has also received a letter from the Department of Housing and Urban Development (HUD) stating that the audit of HUD's pro- jects will not delay the Section 8 Moderate R6habilitation Program as regards the Old Scottsville School project. He said Che Flood Emergency Management Agency will set the flood limits on July 20, ~989. Once the County has been notified of the flood limits, a building permit may be issued for remodeling the Old Scottsville School. Mr. Agnor said t~e deed for the purchase of the property from the Uniroyal Company has been s!igned and executed. It now remains for the property to be subdivided and~.rezoned, which must be done by September in order for the County to use the Moderate Rehabilitation funds before they expire. {~ Mr. Bowie said the Building Committee wa~~ to have met with the Jordan Development Corporation last Friday, but thisimeeting did not take place. Mr. Bowie said he had hoped to be able to discuss!replacement funding with the Corporation. He also is concerned that the C~pital Improvements Program has been burdened with as many additional project~ as it can bear, without adding the cost of asbestos removal. Mr. Way said t~e County has been working on the Old Scottsville School project for six years~nd it is too close to being finished for the County to quit now. ~ Motion was offered by Mr. Bowie and seconded by Mr. Bain to accept the County Executive's recommendation for changes ito the agreement as set out below. Roll was called and the motion carrie~ by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr.i Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. June 21, 1989 (Regular Night Meeting) (Page 14) 120 THIS ADDENDUM TO AN AGREEMENT DATED May 4, 1989, is made this day of June, 1989, by and between the COUNTY OF ALBEMARLE, VIRGINIA, herein called "Seller" or "County", and the JORDAN DEVELOP- MENT CORPORATION, herein called "Purchaser" or "JDC", WITNESSETH: WHEREAS, the parties entered into an Agreement dated May 4, 1989, for the conveyance by the County to JDC of that certain real property situated in Albemarle County, Virginia known as the "Old Scottsville School", as more particularly described in said Agree- ment; and WHEREAS, said Agreement was made expressly contingent upon the award to the County of a $300,000 grant from the Community Develop- ment Block Grant program, ("CDBG") and the purchase price for said property was established based upon the expectation of the award of such CDBG funds; and WHEREAS, the County's application for CDBG funding has since been denied but the parties wish to proceed under their said Agree- ment, with certain modifications thereto, NOW, THEREFORE, in consideration of the sum of $1.00 and their mutual covenants and agreements herein C~ntained, the parties do agree as follows: 1. Paragraph B(3) of the Agreemen%~ dated May 4, 1989, is hereby DELETED from said Agreement and the Agreement is no longer contingent upon CDBG funding, by the express agreement of the parties. 2. Paragraph B(1) of the Agreement, dated May 4, 1989, is hereby AMENDED to provide as follows: The Purchase price shall be One Do~i~ar ($1.00). 3. In all other respects, the Agreement between the parties dated May 4, 1989, shall remain unchanged and shall continue in full force and effect. Mr. Agnor said he had received an agreement from VDoT regarding the sidewalk and improvements on Rio Road. BecauSe the cost for these improve- ments will be shared by the County and VDoT, the two parties must sign an agreement before the project is advertised. ~ Motion was offered by Mr. Bain and seconded by Mr. Bowie to authorize the Chairman to execute the agreement as presented by the County Executive and set out below. Roll was called and the motion cabried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr~i Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. - THIS AGREEMENT, dated this day of i, 1989, between the COUNTY OF ALBEMARLE, a political subdivision of ~the Commonwealth of Virgin- ia, hereinafter referred to as the COUNTY, and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT. WITNES SETH : WHEREAS, the Department plans the reconstruction and improvement of Rio Road (Route 631) in Albemarle County, beginning at a point 0.31 Mi. E. of its intersection with Route 29 to the intersection of Route 650, which improvements are shown in detail on plans designated 121 June 21, 1989 (Regular Night Meeting) (Page 15) as Project Number 0631-002-128, C503. Said plans include storm sewer of various sizes and new sidewalk located within the project limits; and WHEREAS, in accordance with the policy of the Commonwealth Transportation Board, pertaining to State participation in cost of right of way, sidewalks and storm sewers, revised February 18, 1988, the County is required to participate in the proportionate share of the storm sewer based on the percentage of runoff and one-half of new sidewalk construction. WHEREAS, the Department and the County have reviewed the de- tailed plans of the above project and have agreed upon the improve- ments to be constructed and the percentage of participation for the storm sewer costs, which will be 69 percent by the Department and 31 percent by the County of the actual contract costs. Also, the County and the Department each will bear 50 percent of the actual contract costs of the new sidewalk; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the Department and the County agree as follows: The Department shall provide, at no charge to the County, preliminary engineering and develop approved plans to construct and install a storm system and new sidewalk in conjunction with said project. The County will, upon award of contract, be billed for 31 percent of the cost for the storm sewer system and 50 percent of the cost for the new sidewalk. The above percentages are to be applied to the appropriate line item cost as reflected on the acceptable contractor's bid. Should the actual cost exceed the cost based on bid price and quantity, progress billings will be submitted to the County. At the completion and~iacceptance of the project should actual cost be less th~ the County payments, the County shall be refunded any and all overpayments. Also, the County shall reimburse thei!Department for construction engineering cost at the rate of 10 percent of the County's share of the actual construction cost for storm sewer and sidewalk. For the purpose of this Agreement, the estimated storm sewer cost to the County is $55,200; the estimated new sidewalk cost to the County isi$32,100. Mr. Way reminded Board members that district appointees to the Fiscal Resource Committee would be made at the next meeting. Recommendations for membership and a chairperson would be offered~by the League of Women Voters, and he would forward those to Board members. Mr. Way invited any Board member who wished to do so to ride with him in the Fourth of July Parade in Scottsville. Mr. Way suggested that the Board members read the Virginia Freedom of Information Act they had received in preparation for a briefing Mr. St. John would be giving them soon. 122 June 21, 1989 (Regular Night Meeting) (Page 16) Agenda Item No. 17. Adjourn to July 5, 1989, 1:30 P.M. At 9:59 P.M., motion was offered by Mr. Bain and seconded by Mr. Bowie to adjourn to July 5, 1989, at 1:30 P.M. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom and Mr. Perkins. CHAIRMAN