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HomeMy WebLinkAbout1991-04-17 COUNTY OF ALBEMARLE Edward H. Bain, Jr. Samuel Miller Charlotte Y. Humphris Jack Jouett David P. Bowerman Charlottesville Board of Supervisors Walter F. Perkins White Hall F. R. (Rick) Bowie Rivanna AGENDA :F I N A L Peter T. Way Scottsvil1e April 17, 1991 7:00 P.M. Room 7, County Office Building 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) *Consent Agenda (on back of sheet). 6) Hatton Agricultural/Forestal District. Public Hearing on an Ordinance to amend and reenact Section 2.1-4(a) of the Code of Albemarle after the eight year review of the Hatton A/F District. The existing district consists of 2874.0 ac in vicinity of Hatton, Warren & Scottsville. 7) Totier Creek Agricultural/Forestal District. Public Hearing on an Ordi- nance to amend and reenact Section 2.1-4(b) of the Code of Albemarle after the eight year review of the Totier Creek A/F District. The existing district consists of 6071.0 ac in vicinity of Keene, Esmont & Scottsville. 8) Blue Run Agricultural/Forestal District. To review a proposal to have a pipeline traverse 5344 ft of Foxport Farm. Review to determine effect such action would have upon: 1) the preservation & enhancement of agriculture & forestry, and agricultural/forestal resources within the district; 2) policy of Chapter 36 of Virginia Code, Agricultural/ Forestal Districts Act. Review is also to determine necessity of proposed action to provide service to the public in most economical & practicable manner. 9) SP-90-111. Columbia Gas Transmission Corporation. Public Hearing on a request to construct 6 mi of underground natural gas pipelines on many parcels of land zoned RA. This new pipeline will be witl1in the existing Columbia rights-of-way, however, they must acquire an addi- tional 20 ft of permanent rights-of-way and 10 ft of additional construction easement. This request requires the crossing of the flood plain of Blue Run and a tributary of Happy Creek. The parcels involved are: TM35,P31; TM36,Ps l,5,6,7,8,9B1,10,12,13,14,19.23,24A. 24,26& 27; TM50,P48; TM51,Ps3.4,5,6,7A,7B,7C,21,22B,22C,22. All par- cels are in the NE most area of Albemarle County stretching from Rt 20 near the Orange County line eastward to the Louisa County line near Rt 860. The pipeline will cross Rt 20 & Rt 231 which are Entrance Cor- ridors. (Properties do not lie in a growth area.) 10) SP-91-03. The Gardens Partnership. Public Hearing on a request for a commercial recreation center within the Gardens Shopping Center zoned C-1. Property on E side of Rt 29 approx 2000 ft N of Rio Rd. TM45, P104(part). Charlottesville Dist. (Property lies in a designated growth area.) 11) SF-91-04. Faith Mission Home. Public Hearing on a request to expand existing church bldg to include sanctuary, foyer & restrooms. Proper- ty contains 9.203 ac zoned RA located on W side Rt 601 at Greene County line. TM3,P1B. White Hall Dist. (Property does not lie in a growth area. ) 12) SP-90~102. Centel Cellular. Public Hearing on a request to construct 300 ft monopole tower for mobile communications. Property contains 36.4 ac zoned LIon S side of C&O Railway behind Acme Visible Records in Crozet. TM56,P94. White Hall Dist. (Property lies in a designated growth area.) 13) Public Hearing: An ordinance amending and reenacting Chapter 2.2, ALARMS, of the Code of Albemarle, by omitting all requirements for registra- tion and county permits for installation. The ordinance still makes it a local misdemeanor to intentionally send in a false alarm, and provides for civil reimbursement of costs for unintentional false alarms. 14) Transfer of Funds - AHIP. 15) Resolution: To finalize 1991-92 Budget. 16) Resolution: To set tax rates for 1991. 16a) Resolution of Support for the Planning District: Identification of Non- Point Source Pollution to Groundwater from Pesticides. 17) Appointments. 18) Approval of Minutes: February 6 and February 20, 1991. 19) Other Matters Not Listed on the Agenda from the BOARD. 20) Adjourn. CON S E N T AGE N D A FOR. IN:FORHATION: .5.1 Copy of Planning Commission Minutes for_April 2, 1991. 5.2 Copy of Bond Program Report and Monthly Report from Arbor Crest Apartments for January, February and March, 1991. "., ... COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 M E M 0 RAN DUM TO: V. Wayne Cilimberg, Director of Planning and Community Development FROM: Lettie E. Neher, Clerk )~ DATE: April 18, 1991 SUBJECT: Board Actions of April 17, 1991 At the Board of Supervisors meeting held on April 17, 1991, the following actions were taken: Agenda Item No.6. Hatton Agricultural/Forestal District. Public Hearing on an Ordinance to amend and reenact Section 2.1-4(a) of the Code of Albemarle after the eight year review of the Hatton A/F District. The existing district consists of 2874.0 ac in vicinity of Hatton, Warren & Scottsville. Agenda Item No.7. Totier Creek Agricultural/Forestal District. Public Hearing on an Ordinance to amend and reenact Section 2.1-4(b) of the Code of Albemarle after the eight year review of the Totier Creek A/F District. The existing district consists of 6071.0 ac in vicinity of Keene, Esmont & Scotts- ville'l) ~ _. 'h-~~_ ~. .k-~ ~ /.J'!4-' ~J ~./~ ADOPTJm-the attached ordinance to amend and reenact Section 2.l(a) "Hatton Agricultural and Forestal District" and Section 2.l(b) "Bh~Q RUR Agricultural and ForestarDistrict" to add additional parcels. -,0 1i t!/e ~ ~~ The Board set a public hearing for June 5~consider extending the time limit for review of both districts from eight to ten years. Agenda Item No.8. Blue Run Agricultural/Forestal District. To review a proposal to have a pipeline traverse 5344 ft of Foxport Farm. Review to deter- mine effect such action would have upon: 1) the preservation & enhancement of agriculture & forestry, and agricultural/forestal resources within the district; 2) policy of Chapter 36 of Virginia Code, Agricultural/ Forestal Districts Act. Review is also to determine necessity of proposed action to provide service to the public in most economical & practicable manner. ~ Memo To: Date: Page 2 V. Wayne Cilimberg April 18, 1991 The Board found the Columbia Gas pipeline easement in the Blue Run Agricul- tural and Forestal District (1) to be in compliance with the policy of Chapter 6 of the Code of Virginia; (2) to not have a substantial adverse effect on a permanent basis on the agricultural and forestal activities in the District; and (3) that to a degree the need for the service has been documented in the most economical and practicable manner. Secondly, this determination is based on the following: 1. The utility corridor preceded the establishment of the Agricultural/ Forestal District; 2. The proposed project would substantially utilize the existing corridor; 3. Due to the underground character of this use, the impact to agriculture and forestry is primarily temporary. The area can revert to pre-existing conditions; 4. The temporary impact of construction may be adequately minimized through conditions attached to the approval of a revised special permit; 5. The long-term impact of this particular use is expected to be negligible and will not affect the viability and character of the District; 6. Approval of construction techniques by the Marine Resources Committee and the Corps of Engineers; and 7. Federal Energy Regulatory Commission (FERC) determination of need. Agenda Item No.9. SP-90-111. Columbia Gas Transmission Corporation. Public Hearing on a request to construct 6 mi of underground natural gas pipe- lines on many parcels of land zoned RA. This new pipeline will be within the existing Columbia rights-of-way, however, they must acquire an additional 20 ft of permanent rights-of-way and 10 ft of additional construction easement. This request requires the crossing of the flood plain of Blue Run and a tributary of Happy Creek. The parcels involved are: TM35,P31; TM36,Ps1,5,6,7,8,9B1,10,12, 13,14,19,23,24A,24,26& 27; TM50,P48; TM51,Ps3,4,5,6, 7A,7B,7C,21,22B,22C,22. All parcels are in the NE most area of Albemarle County stretching from Rt 20 near the Orange County line eastward to the Louisa County line near Rt 860. The pipeline will cross Rt 20 & Rt 231 which are Entrance Corridors. APPROVED SP-90-11 subject to the following conditions: 1. Construction shall be performed within the existing easement, a new perma- nent 20 foot easement and a ten foot temporary easement except on Tax Map 35, Parcel 31, where construction shall be performed within the existing 70 foot easement and a new ten foot permanent easement; 2. If herbicides or other agents for the control of vegetation are proposed, the applicant shall submit for approval a list of proposed herbicides or other agents and the proposed method of application to the County Engineer Memo To: Date: Page 3 V. Wayne Cilimberg April 18, 1991 and Virginia Cooperative Extension Service. In any case where a property owner objects to the use of such method, the applicant shall employ other methods for the control of vegetation subject to property owner approval; 3. Construction on Tax Map 35, Parcel 31, shall not commence prior to June 15, 1991, and shall be completed by September 15, 1991. The construction period shall not be more than 15 consecutive days. Provided, however, that the Director of Planning and Community Development may extend the construction period due to unforeseen delays in construction which may include, but shall not be limited to, conditions imposed by federal or state regulatory agencies, inclement weather or other acts of God. In considering whether to extend the construction period, the Director of Planning and Community Development shall consider measures necessary to assure restoration of the right-of-way area; 4. Approval by all federal, state and local officials of stream crossing and wetland areas; 5. Virginia Department of Transportation approval of road crossings; 6. Department of Engineering issuance of an erosion control permit, to include restoration of ten foot temporary easement; 7. Method of vegetative stabilization of the easement on Tax Map 35, Parcel 31, shall be determined by the property owner and Department of Engineering; 8. No structures shall be removed on Tax Map 35, Parcel 31, for the construc- tion of the pipeline; and 9. Compliance with Environmental Management and Construction Standards and practices plan as described in FERC Docket No. CP-90-1513-000. Agenda Item No. 10. SP-91-03. The Gardens Partnership. Public Hearing on a request for a commercial recreation center within the Gardens Shopping Center zoned C-1. Property on E side of Rt 29 approx 2000 ft N of Rio Rd. TM45, P104(part). Charlottesville Dist. APPROVED SP-91-03 subject to the following conditions: 1. Use shall be limited to that area shown on Attachment D; 2. No sale of alcoholic beverages will be allowed; 4. Hours of operation shall be limited to the following: September 1 - May Monday-Thursday Friday-Saturday Sunday 31 11: 00 a.m. 10:00 a.m. 11: 00 a.m. - 10:00 p.m. - Midnight - 9:00 p.m. . Memo To: Date: Page 4 V. Wayne Cilimberg April 18, 1991 June 1 - August 31 Monday-Thursday Friday-Saturday Sunday 10:00 a.m. - 11:00 p.m. 10:00 a.m. - Midnight 11:00 a.m. - 10:00 p.m. 4. There shall be a minimum of two employees on the premises during all hours of operation whose primary purpose will be to insure that order is maintained. Agenda Item No. 11. SP-91-04. Faith Mission Home. Public Hearing on a request to expand existing church bldg to include sanctuary, foyer & restrooms. Property contains 9.203 ac zoned RA located on W side Rt 601 at Greene County line. TM3,P1B. White Hall Dist. APPROVED SP-91-04 subject to the following conditions: 1. Expansion shall be limited as shown on site plan dated February 11, 1991; 2. Staff approval of site plan; 3. Department of Engineering approval of grading and drainage plans and calcu- lations. Agenda Item No. 12. SP-90-102. Centel Cellular. Public Hearing on a request to construct 300 ft monopole tower for mobile communications. Property contains 36.4 ac zoned LIon S side of C&O Railway behind Acme Visible Records in Crozet. TM56,P94. White Hall Dist. DEFERRED to June 12. The Board requested staff to bring back a report before the June 12 meeting to include the following items: 1. The County Attorney to research the legal aspects of allowing towers in the County and the possible setting of precedents; 2. Staff to find some knowledgeable person in the field (none of the appli- cants that have come before the Board) to make a presentation on all of the aspects relating to towers and if there is a need for all of these towers; 3. Where towers should be located in the County, i.e, concentrated in one area or scattered sites; 4. Provide a map, outlining the service areas of the towers, any overlap of services showing dead spots; and 5. How many more requests for towers can be expected. Memo To: Date: Page 5 V. Wayne Ci1imberg April 18, 1991 Agenda Item No. 13. Public Hearing: An ordinance amending and reenacting Chapter 2.2, ALARMS, of the Code of Albemarle, by omitting all requirements for registration and county permits for installation. The ordinance still makes it a local misdemeanor to intentionally send in a false alarm, and provides for civil reimbursement of costs for unintentional false alarms. ADOPTED the attached ordinance to amend and reenact Chapter 2.2, ALARMS. Agenda Item No. 14. Transfer of Funds - AHIP. APPROVED the transfer of $13,406 for a Housing Specialist assigned to AHIP. Agenda Item No. 16a. Resolution of Support for the Planning District: Identification of NonPoint Source Pollution to Groundwater from Pesticides. ADOPTED the attached resolution. Agenda Item No. 19. Other Matters Not Listed on the Agenda from the Board. AUTHORIZED staff to hire an engineering inspector prior to July 1. LEN:ec Attachment cc: Robert W. Tucker, Jr. Robert Brandenburger Bruce Woodzell Amelia Patterson Richard Moring George R. St. John File -~ (f:. .- c - "- l'\: a - c c ,j:> Z'1'./lfz." L 1 I 't/'.f/fz," 2 "i~r.... ~ J r- ~f )l ~ II ".11 ~ t I/" (Q ..... o ..... "'- . N co ..... Cl o ,p. I -<I J ~ *-;} ~ /' I~~ 0 1\'( I;J / ./' l~i~~~1\~./' / ,~..'~ x.1l-~ ./' ~_ ~S\~~ I C- '\1 .R ,.. nm j -< \1\2. ~ i~ ~ j~ 'il o N * ~ :l> n :t s: m :z; ,..... .. ;...-.' '''\ ;,,'" """"'" ,.', '\ \~.. '.,{ :,' j' , " '" ,;. \, .1 c.' ,,1\ l 1 / I,' t, i~ ~ .\ (~ ; ~~ ~ ~ ~ .~, ,~ ",L,.". H' ~,,J! j '~WI t~ ~ti~b" \ '. lJ] l~) ~ IJ 'F",~~ COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 MEMORANDUM TO: Robert W. Tucker, Jr., ~unty Executive FROM: Lettie E. Neher, Clerk ~ April 18, 1991 I DATE: SUBJECT: Board Actions of April 17, 1991 At the Board of Supervisors meeting held on April 17, 1991, the following actions were taken: Agenda Item No. 13. Public Hearing: An ordinance amending and reenacting Chapter 2.2, ALARMS, of the Code of Albemarle, by omitting all requirements for registration and county permits for installation. The ordinance still makes it a local misdemeanor to intentionally send in a false alarm, and provides for civil reimbursement of costs for unintentional false alarms. ADOPTED the attached ordinance to amend and reenact Chapter 2.2, ALARMS. A copy has been sent to Melvin Breeden and John Miller. Agenda Item No. 14. Transfer of Funds - AHIP. APPROVED the transfer of $13,406 for a Housing Specialist assigned to AHIP. An appropriation form has been requested from Melvin Breeden. Agenda Item No. 15. Resolution: To finalize 1991-92 Budget. ADOPTED the attached resolution. A copy has been sent to Melvin Breeden. The Board requested the following information: 1. What are the plans for CA-TEC and where will the monies allocated go? 2. Staff look at the possibility of semi-annual appropriations, what are the problems, if any. A way to make sure that programs requested for funding are being funded once an appropriation is made. ~ ~ Memo To: Date: Page 2. Robert W. Tucker, Jr. April 18, 1991 Mr. Bain suggested that it may be necessary to schedule a meeting with the School Board and the CA-TEC Board in late May to discuss what is happening at CA-TEC. Agenda Item No. 16. To set tax rates for 1991. ADOPTED the attached resolution. A copy has been sent to Melvin Breeden as required by State Code. Agenda Item No. 16a. Resolution of Support for the Planning District: Identification of NonPoint Source Pollution to Groundwater from Pesticides. ADOPTED the attached resolution. The resolution has been forwarded to Nancy O'Brien. Agenda Item No. 17. Appointments. APPOINTED Eleanor Santic to the TJSPARE as the County representative. Agenda Item No. 19. Other Matters Not Listed on the Agenda from the Board. AUTHORIZED staff to hire an engineering inspector prior to July 1. LEN:ec Attachments cc: Ray B. Jones Peyton Robertson Roxanne White Robert Brandenburger RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the operations budget for the County for the Fiscal Year beginning July l, 1991, be approved as follows: Total $ 3,667,570 1,229,612 5,952,930 1,518,700 3,789,858 2,415,462 1,666,185 3,277,350 67,500 1,000,000 150,000 4,329,518 56,592,020 $85,656,705 General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Debt Service Reserve Education - Debt Service Education - Operations * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 17, 1991. --// (b~ of County Supervisors RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the taxable year 1991 for General County purposes at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of real estate; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of machinery and tools; at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value on mobile homes; and at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle County assess and collect on all taxable real estate and all taxable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing business, not taxable by the State on Capital; including Public Service Corporation property except the rolling stock of railroads based upon the assessment fixed by the State Corporation commission and certified by it to the Board of Supervisors both as to location and valuation; and including all boats and watercraft under five tons as set forth in the Code of Virginia; and vehicles used as mobile homes or offices as set forth in the virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, section 58.1-3500 through Section 58.1-3508. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a reguiar meeting held on April 17, 1991. ~. -~,t::~. Clerk, Board of County Supervisors RESOLUTION OF SUPPORT FOR IDENTIFICATION OF NONPOINT SOURCE POLLUTION TO GROUNDWATER FROM PESTICIDES WHEREAS, pesticides are used widely in residential and agricultural land uses in Albemarle County; and WHEREAS, pesticide loss into groundwater is greater in some areas than others; and WHEREAS, these areas of Albemarle County which are particularly sensitive to certain pesticides are unknown; and WHEREAS, the knowledge of pesticide vulnerable areas and the production of a local pesticide management plan will reduce the pesticide loss from residential and agricultural land uses; and WHEREAS, the delineation of sensitive areas will help to implement the 1990 Farm Bill, the Virginia Nonpoint Source Pollution Management Program and the Environmental Protection, Public Information, Education, Monitoring and Analysis recommendations of the Virginia Pesticide Subcommittee; and WHEREAS, the knowledge of pesticide vulnerable areas will be helpful for comprehensive planning and zoning decision making in Albemarle County. NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors supports the application of the Thomas Jefferson Planning District to delineate areas sensitive to certain pesticides and the involvement of the Albemarle County Extension Office to help develop pesticide management plans. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Albemarle Board of County Supervisors at a reguffir meeting ~.?~4 Clerk, Board of ~::pervisors COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 .. ~ ;', \ ~ ';'.j ~ t,". '; ~ \ .\ 1.\\1t V\l l ~\! 't ~ .' ~-""",l,l' 'ft....~v , " i , '\_0) M E M 0 RAN DUM TO: Melvin Breeden, Director of Finance FROM: Lettie E. Neher, Clerk jyJ DATE: April 18, 1991 SUBJECT: Board Actions of April 17, 1991 At its meeting on April 17, 1991, the Board of Supervisors took the following actions: APPROVED the transfer of $13,406 for a Housing Specialist assigned to AHIP. Please provide us with an appropriation form to reflect this action; ADOPTED the attached resolution approving the operations budget for the County for the Fiscal Year beginning July 1, 1991; ADOPTED the attached resolution setting the County Levy for taxable year 1991; and ADOPTED the attached resolution to amend and reenact Chapter 2.2, ALARMS, of the County Code. LEN:ec Attachments ,. RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the operations budget for the County for the Fiscal Year beginning July 1, 1991, be approved as follows: Total $ 3,667,570 1,229,612 5,952,930 1,518,700 3,789,858 2,415,462 1,666,185 3,277,350 67,500 1,000,000 150,000 4,329,518 56,592,020 $85,656,705 General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Debt Service Reserve Education - Debt Service Education - Operations * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on Aprill?, 1991. ~~ >~ lerk, Board of County Supervisors . . RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the taxable year 1991 for General County purposes at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of real estate; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of machinery and tools; at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value on mobile homes; and at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle County assess and collect on all taxable real estate and all taxable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing business, not taxable by the State on Capital; including Public Service Corporation property except the rolling stock of railroads based upon the assessment fixed by the State Corporation commission and certified by it to the Board of Supervisors both as to location and valuation; and including all boats and watercraft under five tons as set forth in the Code of Virginia; and vehicles used as mobile homes or offices as set forth in the Virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, Section 58.1-3500 through Section 58.1-3508. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 17, 1991. ~. _~ ~~. Clerk, Board of County Supervisors Fiscal Year Calculated Payment Cap ----------------------------------------------------------------------- 82-83 1,293,552 N/A 83-84 1,664,067 1,530,991 84-85 1,635,984 1,579,753 85-86 1,909,389 1,875,179 86-87 1,942,509 1,956,554 87-88 2,417,318 2,277,953 88-89 2,513,521 2,368,027 89-90 2,900,073 2,693,120 90-91 3,128,917 2,802,359 91-92 3,644,347 3,277,350 Cap Apply? Amount of Payment N/A 1,293,552 Y 1,530,991 Y 1,579,753 Y 1,875,179 No 1,942,509 Y 2,277,953 Y 2,368,027 Y 2,693,120 Y 2,802,359 Y 3,277,350 f 2.1/ 'C/O,?t3 Payment due by January 31 of Fiscal Year ~, /q 12- /~U4'C:--~ 13b q/r 171 &~ Increase Percent N/A 237,439 18.36% 48,762 3.18% 295,426 18.70% 67,330 3.59% 335,444 17.27% 90,074 3.95% 325,093 13.73% 109,239 4.06% 474,991 16.95% COUNTY of ALBEMARLE 401 MCINTIRE ROAD CHARLOTTESVillE, VIRGINIA 22901-4596 ROBERT J. WALTERS, JR., CPA DEPUTY DIRECTOR OF FINANCE A PUBLIC AFFAIRS MESSAGE from R. L YNWOOD COFFMAN Baptist Minister, SBC TELEPHONE (80.&) 2gS-!58!51 ~ 17/ J9crl 1K)UGHrS ON ALBEMARIE' S ''REVENUE SHARING", FY 82-83 'lD FY 91-92 / Fellow citizens of Albemarle County: SAY X NO! to "revenue shering". Let's not defeat ourselves and our own children. On May 18, turning thumbs down on revenue sharing will do everyone a DOUBLE FAVOR because you likewise turn thumbs down on the unconstitutional 1979 "tribute-or-else" annexation State law lathered by lawmaker Tom Michie and supported by Del. James Murray. The 14th Amendment prohibits unequal tr"tment of citizens by the States. Citizens 01 cities and counties. 01 urban and non-urban counties, must all receive lair and equal treatment, privileges and immunities. Mr. Mich- ie's 1979 annexation law is filled with inequities. It clearly grants prelerences to cities and full Immunity Irom annexation to some counties but not to Albemarle and 23 other non-urban counties. This indisputably runs against the spirit and philosophy of the 14th Amendment guarantee 01 equal rights 01 all citizens which cannot be denied by the Slate 01 Virginia to its citizens who live in non. urban counties like Albemarle. II this Michi.Murray 1979 State annexation law which denies consti- tutionally guaranteed equal rights for all the citizens 01 Virginia were to be taken to federal court, it would be held unconstitutional. More than a decade 01 debete has shown lhat the mergerl revenue sharingl annexatlonl consolida- tion issue Is one on which Albemarle citizens hold fenent and irreconcilable views. With our consti- tutionally guaranteed equal rights now on the line, we deserve and demand that they be lully championed by the Albemarle Board 01 Supervisors, all 01 whom took an oath to support and defend the U.S. Constitution which guarantees us these rights. That's why I'm taking this means to ask you to help do your part by getting involved In this lar- reaching, vital matter. Your "voter voic." can make a dillerence. Here's what I'm asking you 10 do: 1. Say "NO" to the revenue sharing ptoposal on May t 8, 1982. We can't win if you don't play' 2. Sign your name(s} on the petition below. Cleerly print your name and address on the petillon. 3. Clip the petition and mail it to: CITIZENS WHO CARE P.O. Box 5661 Charlottesville, Va. 22905 4. Can you send $1, $5, or even $10? It is desperately needed to wage this battle. I hope you can... and will. PI"se make checks payable to CITIZENS WHO CARE. Publication 01 this public allairs message was paid lor by R. Lynwood Collman in the interests 01 Citizens Who Care, P.O. Box 5661, Charlottesville, Va. 22905. . _ _ _ _ _TIME IS SHORT! PLEASE CUP AND MAIL IMMEDIATELY!... ... I PETITION . I TO ALBEMARLE COUNTY I I BOARD OF SUPERVISORS I I To lully ptotect Albemarle citizens and luture generations from being victimized by pr<H:ity annexa. tlon lew:, r..enue conlltcation echemes and probable Sta'" 01 Virginia denial of Fourt...nth Amond- I I ment constitullonal guarantees 01 equal rights, (I, we) want you, our elected representatives, to act . on our behall by having the Michi.-sponsored-Murray-supported 1979 State annexation law chal- I lenged In the federal courts by the County of Albemarle, Virginia. . . Following defeat of the revenue sharing proposal, the Board 01 Supervisors should employ an out- . . standing constitutional lawyer to liIe suit in lederal court asking lor an overturn 01 the Michi.spon- . sored-Murray-supported 1979 State annexation law. You should enlist as many as possible 01 the I other 23 counties In Virginia victimized by Michie's 1979 State law to annexation by a city, 10 join . with Albemarle In challenging this inequitable law in the lederal courls. I As a voter in your district, (I, we) will be watching this issue very closely. . . SIGN HERE Mail all replies to: I . . I (YOUR SIGNATURE) . . NAME CITIZENS WHO CARE . . ADDRESS P.O. Box 5661 . . CITY Charlottesville, Va. . . STATE . ZIP' 22905 . I...................._-~ To avoid annexations of urban Albemarle , voters on May 18, 1982 agreed to a negotiated ''Revenue Sharing" agreement with the City of Charlottesville. As a guarantee against further annexations, Albe- marle property tax rates are to always have an added 10C per $100 to be paid to Charlottesville. For the first decade of ''Revenue Sharing", Albemarle taxpayers have paid property taxes to Charlottes- ville arrmmting to ~$2l,640, 793~ By payment of this $21. 6 million to Charlottesville, Albemarle taxpayers have avoided paying the TIU.lch higher Charlottesville pro- perty tax rates, currently $1.11 per $100 of fair market value, the sarre tax rate as Fairfax Cotmty. In addition to paying TIU.lch lower taxes, Albemarle citizens have enjoyed freedom from ftmding public housing projects in the county, and have provided $21.6 million to Charlottesville to use in providing public housing for the Central Virginia area. CR. -r4, C>tr- 't't'J -, 2 V~ 1J i · w~ ~~ Lllli!?1 Red. Ink Realities in Fairfax EVERYWHERE in Greater Washington the fisc.al message this year is a !i~'it of painful optIons to make ends meet. I he example today is Fairfax County, where the supervisors are looking at a budget that would make deep cuts in money for the schools and would freeze employee salaries to eliminate a projected $60 million deficit next year. There isn't one supervi- ~.or who relishes this prospect, but neither is there any great list of palatable alternatives. Massive layoffs would do the job, of course, but that's not a step politicians want to take. To a void cuts in the school budget, for example, cfficials estimate that about 1,000 county work- ers would have to lose their jobs. There is, however, an important distinction between layoffs and unfilled positions. There are 950 vacancies currently in the county's work force of 11,000. Eliminating as many of these as possible can realize long-term savings. Supervi- sor Thomas M. Davis is among those urging action on this front: "If we don't eliminate some positions, we've really lost an opportunity. We Illay have to take a run at some programs, but what's bothering me the most is not cutting from the base. Just deferring things is unacceptable." But these necessary parings of positions do not have enough of an immediate impact to make the necessary difference in the budget about to be set. Deferrals of employee raises-not a pleasant step to advocate but part of the austerity thinking in other local jurisdictions-are necessary. As Board Vice Chairman Martha V. Pennino ob- serves, leaving salaries at current levels in the face of inflation is a form of "salary decrease, but it's better to do that than lay people off." In the long run-even a long run that brings better economic news-Fairfax should take a hard look at all ways to shrink the county work force, including reorganizing agencies and con- solidating functions wherever possible. These decisions will test the cohesiveness of the cur- rent board, which has not been a model of cool, concerted thoughtfulness over the past few years. In turn, how the members come out on these questions will be judged later in this elec- tion year-which already looms as fascinatingly uncertain. Fairfax County Faces Budget Of Bare Bones -- ----~..._- Fairfax Confronts Cuts In Popular Services List of Cuts Includes Schools, Libraries FAIRFAX, From 81 "That's what happens when you have a gun held to your head," said Supervisor Joseph Alexander (D-Lee). When it was released five weeks ago, the county's proposed $1.4 billion budget for fiscal 1992 was bal- anced. Because a host of tax revenue, particularly real estate and personal property tax receipts, are lower than expected, the budget recommends spending about $60 million more than the county will bring in. The board will hold three days of public hearings on the budget starting on Monday. In addition to the cuts suggested yesterday, the su- pervisors met with the county School Board to empha- . size the seriousness of the county's economic plight and warn that the $666.2 million in county funding prom- ised to schools next year probably will be cut, perhaps as much as $30 million. That message got a chilly response from School Board Chairman Kohann H. Whitney, who said after- ward that her board would not tell the supervisors what programs would be cut until after the supervisors de- cided how much money to give the schools. Ed Hoole, chairman of the county's Citizen Budget. Overview Committee, said the School Board had "stonewalled" the supervisors. Hoole's committee re- leased a report yesterday that caUed the school budget "far from austere" and recommended the supervisors cut it "to accomplish equitable burden sharing" with cuts in county programs. The two boards also heard proposals to freeze county and school employee salaries-in effect, canceling au- t:;rn:;tl.:: J::ii.lvri:j pay .1dbe::;-;:hat wouid save about $22.7 million next year. The supervisors said they would be reluctant to pass such a measure, which has been bitterly attacked by county and school workers, unless the School Board did as well. "It's taken a long time to get to the point where our teachers are paid professional, competitive salaries," Whitney said, "and this would put us at a competitive disadvantage" with nearby school systems. County staff members said that agency heads throughout the government had been ordered to reduce their budgets as much as possible without cutting into personnel. The reductions proposed yesterday, accord- ing to chief financial officer James P. McDonald, brought county spending for fiscal 1992 to "the bare bones before we have to go into layoffs" of county work. I ers. By John Ward Anderson Washinllton Poat Staff Writer ~ The Fairfax County Board of Su- pervisors, wrestling with how to close a $60 million gap in next year's budget, yesterday debated $22 mil- lion in program cuts that would in- clude early Sunday closings of re- gional libraries and elimination of county garbage collection centers. A popular program in which the county fir~artment collects haz- ardous wastes from homeowners would be abolished, there would be no beefed-up security patrols at the new government center when it opens next January, four new sum- mer child-care centers for 180 chil- dren would not open this summer and services for 600 substance abusers would be curtailed. Supervisors said during a 31/2- hour budget work session that al- though some pro-'!rams would he spared, the county's dire financial situation means most cuts would have to be implemented. The conference room filled with groans as the supervisors came to grips with the depth of cuts that would have to be made this election year in some of the county's most popular constituent programs. The board is up for reelection this No- vember. "Oh, my God," said Elaine N. I McConnell (R-Springfield) after read-I. ing a proposal to cut $127,000 from programs to control gypsy moths. "Those little buggers are eating ev- erything in my district." See FAIRFAX, 85, Cot 5 A ~T4 D!:.tri')\~~'o,j t~ .~.?t!~/. ~:~8:1;;<. f';D, __?-Lp.f./.Z__.5:;;- 300 East Lombard Street Suite 1100 Baltimore, Maryland 21202 (301) 659-7500 ~ '\ L . April 3, 1991 I ~ t"\; ." \ : : \ . , ; t' hD"l J,; 1\ P \':H .. : ill' , .. '. ... , . I, . I. ! \: I, I I, , t: , l.- Mr. Bob Richardson Sovran Bank, N.A. Post Office Box 26904 Richmond, Virginia 23261 ! ; I , \ !', L/ Re: F). (-'I ,\, :~:~. r': (', F ~::: l.) ~.:: ~:_~; \,/ ; S~) c\ S Arbor Crest Apartments (Hydraulic Road Apt~~) -" Dear Mr. Richardson: Enclosed please find the Bond Program Report and Monthly Report Pursuant to Section 7(a) of the Deed Restrictions for the months of January and February 1991. If you have any questions, please do not hesitate to contact me at 301-659-7500. Sincerely, c1~OJL Ii vfJ[UMwL Sheila A. Hannah Project Monitor jsah enclosures cc: ~If.~~ Clerk of the Board of Supervisors Albemarle County Office Building 40l McIntire Road Charlottesville, VA 2290l " Effective January 31, 1991 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. I..crnbard street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apa.rt:.rrents Charlottesville, Virginia Pursuant to Section 7(a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), and your bank, as trustee, the undersigned authorized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership (the "Purchaser"), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlottesville, virginia (the "Project"), that as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 16 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 50 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 24%. 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of February 5, 1991 ~iiil RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: df~ -z:4'--:1d~ Authorized Representative BONO PROGHiU\\ RE.PORT Monlh January y (1991 "- Propeny: Arbor Crest Apartments (Hydraulic Road Apts.) Locllion: Charlottesville, VA Loretta Wyatt MlnAQ4r Proi~t .: 051-35371 Numb-er of Units 66 Effective 1/31/91 Subml"td by: February 5, 1991 O.Te Total Occupied Bond Occupied 66 16 I. LOWfR INCOME The lollowlng Unit) hl~ been d~Sl9nAled .~ "10_1 Income" units 1 Arbor Crest Dr. 2t Eleanor Blair 41 ~t. '2 4 Arbor Crest Dr. n Margaret Q. Sandford42 ~2. J 5 Arbor Crest Dr. 23 Fannie G. Tisdale <I) eJ. 4 6 Arbor Crest Dr. 24 George C. Barnett << ~. ~ 9 Arbor Crest Dr. 25 Virginia Burton <15 O~. 6 12 Arbor Crest Dr. '25 G. Robert Stone 46 M. 7 . 15 Arbor Crest Dr. 21 Jane Wood 41 67. 0 20 Arbor Crest Dr. 2a Evelyn Mandeville 48 M 9 24 Arbor Crest Dr. 29 Gertrude Breen 49 69. 10 ~ Arbor Crest Dr. 30 Katherine M. Borman ~ 70. It 78 Arbor Crest Dr. 31 Ernest M. Nease ~1 71. 12. 84 Arbor Crest Dr. 32 Juanita Boliek ~2. 72. IJ 86 Arbor Crest Dr. :n Mary A. Hoxie ~3 73. 14 90 Arbor Crest Dr. J<I Florence Wheeler ~ 74. IS 94 Arbor Crest Dr. 35 .Sarah E. Fischer ~5 7~. 15 106 Arbor Crest Dr. 36 Katherine T. Nowlen S6 70. 1 7 :11 51. 77. IlL 38 58. 78. 19 39 - 59 7a. ~'O 40 60 80. 1 nf! cnan~5 110m p,ev10lls rcpo't I~llccted in the above lIstIng are Oelellona Add IUon.e ,. , , 1 t. "2 12 2 t2. -J \) 3 t3. .. 14 4. 1.. 5 15 5 15. 6 16 6 to. 7 17 1 11. e 18 8. t8.. i 19 9 ti. 10 20 to. 20. . ,. Effective February 28, 1991 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lombard Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apa.rt::Irents Charlottesville, Virginia Pursuant to Section 7 (a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), and your bank, as trustee, the under signed author iz~d representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership (the "Purchaser"), hereby certifies with respect to the operation and management of Hydraulic. Road Apartments, Charlottesville, Virginia (the "Project"), that as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 16 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- . 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 50 . 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 24% 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersi~ned has signed this Report as of March 6, 1991 ,tiill. RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: X~-../ 'l'f~;T~ Authorized Representative BONO PROGRAM R~PORT Month February y 1991 M(_ Arbor Crest Apartments (Hydraulic Road Apts.) Pro~rty: Project .: loc.lion: Charlottesville, VA Submlned Dy: Loretta Wyatt Mlr\A~r 051-35371 I. lOWER INCOME Number of Units March 6, 1991 Effective 2/28/91 OITe Total Occupied Bond Occupied 66 66 16 The following units ".~ ~n de-signaled as "'tower Income" units 1 Arbor Crest Dr. 21 Eleanor Blair 41 81. 7 4 Arbor Crest Dr. n Margaret Q. Sandford 42 62. J 5 Arbor Crest Dr. 73 Fannie G. Tisdale 43 63. 4 6 Arbor Crest Dr. 24 George C. Barnett 44 &4. 5 9 Arbor Crest Dr. 25 Virginia Burton 45 65. 6 12 Arbor Crest Dr. 26 G. Robert Stone 46 &e. 7 . 15 Arbor Crest Dr. 21 Jane Wood 41 87. a 20 Arbor Crest Dr. 2a Evelyn Mandeville 43 ea 9 24 Arbor Crest Dr. 29 Gertrude Breen 49 69. 10~ Arbor Crest Dr. 30 Katherine M. BormanSO 70. 11 78 Arbor Crest Dr. 31 Ernest M. Nease 51 71. 12 84 Arbor Crest Dr. 32 Juanita Boliek 52. 72 13 86 Arbor Crest Dr. 3) Mary A. Hoxie 53 73 14 90 Arbor Crest Dr. 34 Florence Wheeler 54 74, 15 94 Arbor Crest Dr. 35 Sarah E. Fischer 55 . 75. 16 106 Arbor Crest Dr. 36 Katherine T. Nowlen 56 78. 11 37 51. 77. ilL J8 !le. 78. 19 39 59 78. - ~'O . 40 60 eo T /'Ie c/'Ianges 'rom plevlous repOfl r~'Ie-cled in the lbove "sling are Oelellon. Addt1lone t H I.' 11. 7 12 2 12. 3 13 3. 13. 4 14 4. 14. 5 15 5 15. 6 16 6 1&. 7 17 7 17. e ta a la.. I 19 9 18. 10 20 10. 20. to _~:(~:71 t{p,';r.!: H:,;(i r:j~~!Z:-!'/E ~2-- 300 Ea;t Lombard Street Suite 1100 Baltimore, Maryland 21202 (301) 659-7500 \ ., ,.' ~ ).M April 8, 1991 Mr. Bob Richardson Sovran Bank, N.A. Post Office Box 26904 Richmond, Virginia 23261 Re: Arbor Crest Apartments (Hydraulic Road Apts.) Dear Mr. Richardson: Enclosed please find the Bond Program Report and Monthly Report Pursuant to Section 7(a) of the Deed Restrictions for the month of March 1991. If you have any questions, please do not hesitate to contact me at 301-659-7500. Sincerely, ~, A..lI(t;fLf~ Sheila A. Hannah Project Monitor jsah enclosures ~~~k. Clerk of the Board of Supervisors Albemarle County Office Building 401 McIntire Road Charlottesville, VA 2290l BONO PROGRAM Rf.PORl" . ') Month March v..( 1991 Arbor Crest Apartments (Hydraulic Road Apts.) Property: Subm.Utd tly: Project .: Number of Unit. April 5, 1991 OaTe Total Occupied Bond Occupied 051-35371 localion: Charlottesville, VA Loretta Wyatt 66 Effective 3/31/91 M.ra~r I. lOwtA INCOME 66 16 The lollowlng untlS h.~ been deslgnaled as "lower Income" un.ts 1 Arbor Crest Dr. 21 Eleanor Blair 41 61. 4 Arbor Crest Dr. 22 Margaret Q. Sandford 2 42 62. 3 5 Arbor Crest Dr. 23 Fannie G. Tisdale 43 63. 4 6 Arbor Crest Dr. 24 George C. Barnett 44 &4. 5 9 Arbor Crest Dr. 25 ~irginia Burton 45 e~. 6 12 Arbor Crest Dr. 26 G. Robert Stone 4f) ee. 7 . 15 Arbor Crest Dr. 21 Jane Wood 47 67. 8 20 Arbor Crest Dr. 28 Evelyn Mandeville 48 64 9 24 Arbor Crest Dr. 29 Gertrude Breen 49 69. 10~ Arbor Crest Dr. 30 Katherine M. Borman ~ 70. \1 78 Arbor Crest Dr. 31 Ernest M. Nease ~1 71. 12. 84 Arbor Crest Dr. 32 Juanita Boliek 52. 72 13 86 Arbor Crest Dr. 33 Mary A. Hoxie 53 73 14 90 Arbor Crest Dr. 34 Florence Wheeler 54 74. 15 94 Arbor Crest Dr. 35 Sarah E. Fischer 55 - 75. 16 106 Arbor Crest Dr. 36 Katherine T. Nowlen ~ 76. 17 :17 57 77. ilL 38 ~- 78. 19 39 59 78. - ~'O . 40 60 eo. T I'le ct1an~s Irom prevIous repo.. If'lIecled in !he Above "Sling .re O.,.tlona AddlUone t 11 1.- 11. 2 12 2 12. 3 13 3 13. 4 14 4. 14. 5 15 5 15. 6 16 6 16. 7 17 7 17. e t8 8. 18.. I 19 9 11. 10 20 10. 20. . .. Effective March 31, 1991 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lombard street Baltimore~ Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apart::ments Charlottesville, Virginia Pursuant to Section 7(a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), and your bank, as trustee, the undersigned authorized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership (the "Purchaser"), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlot tesvi lIe, Virg inia (the "proj ect"), that as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 16. 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- . 3) The number of units rented and the number of units held available for rental other than as described in (1 ) and (2) is 50 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 24%. 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the unde,~~i~ned has signed this Report as of April 5, 1991 ~ RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~~ 74~~ Authorized Representative DATE ~IL;I 17, {'1'11 q{1 tif7. y~ -To+, i v ~- (-fr;GHtn A- / f 01 S ~~Js I AGENDA ITEM NO. AGENDA ITEM NAME DEFERRED UNTIL Ph (-tIej J U IlL 5" h:,y k/\ "/ I[ ~ I rt (j /t.u...J Form. 3 7/25/86 1-'7-"11 .. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 October 4, 1991 Mr. Steve Blaine McGuire, Woods, Battle and Boothe Court Square Building Post Office Box 1288 Charlottesville, VA 22902 RE: Columbia Gas Transmission Gasline Corporation Dear Mr. Blaine: . . I am in receipt of your letter to Dr. Young of September 30, 1991, which he has in turn signed. I believe the letter appropriately summarizes conditions for the gasline's construction as we discussed in the field. With Dr. Young's conct~rrence verified by his signature, I am authorizing construction to proceed as per the conditions outlined in the September 30 letter (attached). Please contact me should you have anything further on this matter. aerelY, .. . ' . v. W~berg Director of Planning and Community Development VWC/blb cc: File Am~ia Patterson ~ard of Supervisors 'f McGuI REWOODS BATTLE&BooTHE World Trade Center Norfolk. VA 23510 Transpotomac Plaza 1199 North Fairfax Street Alexandria. VA 22314 3950 Chain Bridge Road Fairfax, VA 22030 Court Square Building P.O. Box 1288 Charlottesville, Virginia 22902 One James Center Richmond. VA 23219 8280 Greensboro Drive McLean. VA 22102 (804) 977-2500 Fax: (804) 980-2222 137 York Street Williamsburg, VA 23185 The Army and Navy Club Building 1627 Eye Street, N~. Wilshlngton. DC 20006 October 3, 1991 Mr. V. Wayne cilimberg Director of Planning & Development county of Albemarle 401 McIntire Road Charlottesville, virginia 22901 Re: Columbia Gas Transmission corporation Gasline Construction Dear Wayne: Enclosed is a copy of my letter dated september 30, 1991, to Dr. Young and signed by him in connection with "above matter. If you need to discuss this any further, please give me a call the first of the week. very truly yours, c1~~~11!~/.JflJ SWBjitm Enc. swb11003.1tr l-rwqJ 4 1991 PLANNING DIVISION tv1cGuI RE\\booS BATTLE & BooTH E (CQJ\P1f World ThIde Center Norfolk, VA 23S10 ThInspOtomac Plaza ~ North Fairfax Street ~cxandrl.. VA 22314 ISO Chain Bridie Road Fairfax, VA 22030 Court Square Building P.O. Box 1288 Charlottesville, Virginia 22902 One James Center Richmond, VA 23219 1280 Greensboro Drive Mclean, VA 22102 (804) 977-2500 Fax: (804) 980-2222 137 York Street Williamsburg, VA 2318S The Army and Navy Club Bulldlna 1627 Eye Street, N~. Washlnaton, DC 20006 September 30, 1991 Dr. Harold E. Young, Jr. Liberty Angus Cattle Company Foxport Farm Barboursville, Virginia 22923 Re: Columbia Gas Transmission Corporation Gasline Construction Dear Dr. Young: I am writing on behalf of our client, Columbia Gas Transmission Corporation and at the suggestion of Wayne cilimberg. In accordance with our meeting at your farm last Thursday, this is to confirm our understandlng of the schedule and special considerations for the gasline construction. 1. Actual construction activity, clearing, grading and ditching will not begin until October 2~. A survey crew may come through the property anead of that schedule to stake the pipeline and right-of-way. The contractor has allowed fifteen working days for completion, subject to interruption for inclement weather. 2. Construction through the wooded area (west of the calf and bull lots) will be conducted over the existing right-of-way to avoid removal of the wire fence currently running along the southern edge of the right-of-way. If sections of the fence must be removed~ you will be notified and extra precaution will be taken to avoid discarded staples which may cause injury to cattle. 3. The ditching and storing of soil during construction in the hayfield area will be done in such a'way to minimize erosion due to runoff, and to maximize the area for haying. 4. Columbia will supply, or reimburse you for the costs of, seed and crusher stone to be used in restoripg the right-of-way area. 5. Columbia will relocate at your direction, or reimburse you for costs in connection with the relocation of the bull lot fencing to accommodate the construction activity and to protect the two large sires. IDr~.Harold E. Young, Jr. ~ september 30, 1991 Page 2 Please let me know if I have left anything out. If the foregoing summarizes our meeting, please execute a copy of this letter enclosed and I will advise Wayne Cilimberg accordingly. ve~rs, steven W. Blaine SEEN AND AGREED: k~~~ Harold E. Young, ~ M.D. SWB/itm Enc. cc: Mr. V. Wayne Cilimberg Mr. William D. Fritz Mr. Dee Hehner !j:Fi;'~'~~~{~~~~'0j , " r,(: /\r/(~ <)~ ''''91 li';1 · : 'i )'T~;);;;:[;';;_TC:i i1 : . ~ '~, \,1 .~' ",") '~(~: HAROLD E. YOUNG. JR.. M.D. LIBERTY ANGUS CATTLE COMPANY FOXPORT FARM. BARBOURSVILLE. VA. 22923 TELEPHONEt7031832-2222 August 28, 1991 H. D. Hehner Chief Inspector Columbia Gas Transmission Corp. P.O. Box 35800 Richmond, Virginia 2)235 Dear Dee, In reference to your letter dated August 21, post marked Au~uBt 26 an~ receiTed today, Au~ust 27, 1991, you referred to your phone call to me at which time you adTised me that a jud~e mi~ht rule in favor of Columbia Gas proceeding with the new pipe- line across Foxport Farm. You stated that you would ~et back to me immediately if her ruling allowed the project to proceed, since I was most concerned Flbout the total construction time and its effect on my cattle operation extending beyond the September 15th d eadllne set by the Albemarle County Board of ::~uper..,.i sors. Between September 15 and October 15 the entire herd will be Taccinated and worked 1n the pens. The herd sires Hill be placed in '\he bull lot away from the herd, all calTes will be wel~hed serarately qnd Taccineted and two different ~roups of calves will be weaned, requlrin~ ti~ht re-establishment of present fencln~ for cow-calf separation. This ~eans that your entire proje~t on our farm, not 1ust the R.O.W. clearin~ or pipeline layin~ but also final ~rading, seedln~, an~ re-fencing, would have to be complet~d by Uctober 1, lQ91, if I glTe Columbia Gas a two week extension on the presently established deadline for completion of your project on our farm. I personally think that it is nearly impossible to complete the project by O~tober 1st and I am most concerned about the disruption to our c~ttle operation and extension of the project well beyond the established September 15 deadline, or the tent8t\~ely mentioned October 1st date. You know how to contact me iMmediately Nhen needed. Gradin~, ditchln~, re-fencing, etc., to my satisfaction has been guaranteed throu~hout the year since our first meeting. Sincerely, IA ~ t. '-. (} ~----- Har61d E. Ynun~, Jr., M.D. HEY:LEH cc: F. R. Bowie, Chairman AI~emarle Council Board of Super~ifors tJistrib!lteC.J to Board: ~ /?'" ~ Item No. '~.~-,~I#Z:Q .. COUNTY OF ALBEMARLE Dept. of Planning & Community ,Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 April 4, 1991 Charles T. Lebo The Gardens Partnership 2004-A Morton Drive Charlottesville, VA 22901 RE: SP-91-03 The Gardens Partnership Dear Mr. Lebo: The Albemarle County Planning Commission, at its meeting on April 2, 1991, by a vote of 4-1, recommended denial of the above-noted request to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 17, 1991. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT FOR THIS MEETING. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, vA ;;17 william D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Patterson Richard Moring . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ APRIL 2, 1991 APRIL 17, 1991 SP-91-03 THE GARDENS PARTNERSHIP Petition: The Gardens Partnership petitions the Board of Supervisors to issue a special use permit for a commercial recreation center [22.2.2(1)] on a portion of eight acres at the Gardens Commercial Development, zoned C-1, Commercial and subject to the Entrance Corridor district. Property, described as Tax Map 45, Parcel 104 (part), is located on the east side of Route 29 approximately 2,000 feet north of Rio Road in the Charlottesville Magisterial District. This site is in the designated growth area of Neighborhood 2. Character of the Area: The site is currently under development. The properties to the north and south are developed with Floor Fashions and Albemarle Square. Woodbrook Subdivision is located to the west of this site. APPLICANT'S PROPOSAL: . ../ I~ The applicant is proposing aJA0000 square-foot recreation center. The center will inciude such items as an indoor miniature golf course, football pass and kick, basketball alley, paddle tennis, and major league pitch. A more detailed description of the activities to be provided is included in Attachment C. The applicant proposes to sell food and beverages. The food is intended as snack food and not a luncheon or dinner format. The sale of beer and wine is also proposed. SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. PLANNING AND ZONING HISTORY: The Gardens has an extensive history. The following is a summary of the most significant approvals. April 20, 1989 - The Board of Supervisors approved the Gardens Phase II Preliminary Site Plan on appeal. The Planning Commission denied the request on March 21, 1989. December 20, 1989 - The Board of Supervisors approved SP-89-85 allowing a drive-thru window for Taco Bell. 1 ~ January 17, 1990 - The Board of Supervisors approved SP-89-106 allowing a drive-thru window for Central Fidelity Bank. June 21, 1990 - The site plans for Taco Bell and CentT~1 Fidelity were administratively approved. December 12, 1990 - A minor site plan amendment for pier One was administratively approved. COMPREHENSIVE PLAN: This site is recommended as Community Service in Neighborhood 2. A commercial recreation center is consistent with a Community Service land use designation. SUMMARY AND RECOMMENDATION: The applicant's proposed use is to be located in the southern end of Building C at The Gardens. A sketch showing the general interior layout is included as Attachment D. Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and can offer the following comments: a. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. Due to the distance to adjacent residential lots, approximately 500 feet, and due to the enclosure of the recreational activities within the building this use will have minimal impact on residential property. During the initial review of the Gardens, the developer was required to install fencing and plantings designed to discourage access from Woodbrook. The presence of these obstacles will further reduce any pedestrian or bike impact the proposed use may have on Woodbrook as well as the potential for loitering in the subdivision. The proposed hours of operation are: September - May Monday-Thursday Friday-Saturday Sunday 11:00 a.m. - 10:00 p.m. 10:00 a.m. - Midnight 11:00 a.m. - 9:00 p.m. June - August Monday-Thursday Friday-Saturday Sunday 10:00 a.m. - 11:00 p.m. 10:00 a.m. - Midnight 11:00 a.m. - 10:00 p.m. 2 7 Due to similar hours of operation to that of the existing theatre, distance and obstacles ~O residential properties as well as poor bike and pedestrian access this use will not be of substantial detriment to adjacent properties; b. that the character of the district wi~l not be changed thereby As stated above this use will have hours of operation similar to that of the theatre. The existing zoning immediately adjacent to this is PD-SC, Planned Development - Shopping Center, and C-1, Commercial. Based on the existing development adjacent to this site, this use will not change the character of the district; c. and that such will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district The proposed use is in harmony with the purpose and intent of the ordinance as stated in Section 1.4, 1.5 and 1.6. The C-1 district contains a wide variety of uses allowable by right. The proposed use is in harmony with the other uses permitted in the district; d. with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5.0 does not contain any additional regulations regarding this use. The applicant is proposing the sale of both wine and beer on site. The sale of alcohol may be inconsistent with the public health, safety and general welfare. However, discussions with the Albemarle County Police Department and the Virginia Alcohol Beverage Control Board indicates that with the appropriate conditions the possible negative effect of alcohol sales can be addressed. Staff recommends that alcohol sales shall cease than one hour prior to closing and that alcohol consumption shall be limited to the concession and stadium seating area. These conditions could be enforced by both the County and Virginia ABC. With these conditions the Police Department believes that alcohol sales should not present a problem. Based on the above findings, staff op~n~on is that this request complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance and therefore, staff recommends approval subject to the following conditions: 3 . RECOMMENDED CONDITIONS OF APPROVAL: 1. Use shall be limited to that area shown on Attachment D; 2. Sale of alcohol shall be limited to the following hours: September 1 - May 31 Monday-Thursday Friday-Saturday Sunday June 1 - August 31 Monday-Thursday Friday-Saturday Sunday 11:00 a.m. - 9:00 p.m. 10:00 a.m. - 11:00 p.m. 11:00 a.m. - 8:00 p.m. 10:00 a.m. - 10:00 p.m. 10:00 a.m. - 11:00 p.m. 11:00 a.m. - 9:00 p.m. 3. Consumption of alcohol shall be limited to the concession and stadium seating areas; 4. Hours of operation shall be limited to the following: September 1 - May 31 Monday-Thursday Friday-Saturday Sunday June 1 - August 31 Monday-Thursday Friday-Saturday Sunday ATTACHMENTS: A - Location Map B - Tax Map C - Description of Request D - Interior Sketch Plan 11:00 a.m. - 10:00 p.m. 10:00 a.m. - Midnight 11:00 a.m. - 9:00 p.m. 10:00 a.m. - 11:00 p.m. 10:00 a.m. - Midnight 11:00 a.m. - 10:00 p.m. 4 44 )\\'Nl'i."K{l~. -~"'''~.~~~ 63 .~ t- ;' o ~ C 1.0r ._ "'1.. '" / / J\,*, ..,~SVII.I. :ro-o--r;3A::Y '30 137 ". // 1_ _" ., '1\\'b.....:. ~/ ~. 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BR;JfZ~~~~is ~~v~~. l~ : ~ ~ ~~~ ~ - IIl{{~/, ~ l'l "' \~\- .. : ~c,.;;: ~ ~ ~ ~~ . .;" ~i11111 "" "I' I.l IKJ'" ,"8 ----1: '>':'~"::: ;21J ~ ~ :-.::: v'~ // ~.~ ------ .~'f..o ~~~ ~ ~,T1QN 61 ~: ...:::=:-.- 'i>/'>~';- 'I, II ~~. r ,,"'- "U ~"'II~.B~'" ~~~_~~:...; -,~ ~~:?:~~)Ih ~~f\~ '44., ~ '''~{~: - ~.~~ = --~~......<~: ~-...:;.~ - ,""". ," 1\1 ..L----"'-:;;; ----- ~~~ l.\"'liS ~.IliE """:::: ~ I lsa ,-~ "-......... ~~.... , 00"",_ : ~ - --. 'L ~ -:;:; ;:i<............ ~::::: . , ~ ~ '~I41 <...:: ~ ~ . - \' ~-C1 :-....:>- - ~ I '\. X 164A :k ~\ " <.,;;; ~ ~ ., ~- = ~,,~ , _ /",~I' b..../. . ?::,Ec.:~~ ~ ~ ..... +" . ".. ~"f~t...."",:::::T '.....0 I~. .' .' '^. "" --,,- 7' ~ SP-91-03 -f ~,. 7/ - THE GARDENS PARTNERSHIP ~ ~ ,. ~ ~ ........ .7 _,. . .......... I '(-.---........ ~E I~ J a;::" Z 61 1-'" ~ ~ 46 L-_ I. I~ /. i Iii /~ '" . \ ~ ~"", --....... I ~ IATTACHMENT BI -[ \ 'fi "'o_~?5g i ~r,\\ )i 'i \i ~ 't I. ,~, '" , "'- J~1600J \ \. .. '~, / \ \( '\~", '. ". '~ ":J_ J ~ "-. e.,' r6iOl , .....:..." T'----~ \'~-':.....'7 ~"".- ~ I" , _ I I)~ ~. ~<~~1.21 \521! \ , \ -0 "- I I I I I I I I I I I I ~17g : ____-,..-- +---0 I "- c '" S'-<J-- ~ ~ Vj "- '-, " I \\,7 0- \ Call "I Min. F.T. ,......'.. - . . ATTACHMENT 1 2807 Woodmont Drive Midlotbian. VA. 23113 Office (804) 3304480 Car (804) 3J7-i15"'" ProPark, Ltd. '~1 Sports Entertainment Facility" IATTACHMENT cl Ken Evans President ProPark Ltd. is a holding company for both ProPark Sports and ProPark Entertainment. Both centers offer a unique blend of family entertainment to be located in select shopping malls and strip centers. ProPark Sports is designed for large regional shopping malls while ProP ark Entertainment is designed for strip centers. Both facilities will provide three main functions to the developments they occupy. - Provide complete family entertainment in a "All American Sports Tradition" - Add benefit to shopping malls / strip centers looking for a marketing edge - Increase traffic flow and revenues to a given development ProP ark has a large blend of sports entertainment, all in an attractive design. ProPark is a safe, well lit, and fun for all ages and has tremendous customer appeal. ProPark's activities include: * Football Pass & Kick * Baseball Pitch * Miniature Golf * Golf Driving Cages * Basketball Alley *.Paddle Tennis * Billiards * Air Hockey * Foosball * Select Video Games * Toddler Play Area * Grand Stand Viewing Area * Vendor Stands ProPark complexes will range in size from 12,000 to 14,000 square feet and vary in specific layout and design. ProPark's goal is that of a retail entertainment center to draw, entertain, and retain shoppers / customers to a given development while providing outstanding customer service, and doing so for a reasonable profit. Please call today to arrange a meeting to see the full range of benefits and positive impact ProPark can have on your development. :?z t Ken Evans President,ProPark Ltd. IATTACHMENT cl [page 2~ INTRODUCTION The concept behind ProPark Ltd. facilities is to provide a unique indoor family entertainment center that appeals to all ages and market groups. Although we are not everything to everybody, we believe the SPORT format has a tremendous appeal to a large segment of America's market. While their are alternatives in the entertainment / amusement sector, ProP ark will fill a void in the market place. The alternatives are usually large amusement complexes. .outdoor miniature golf, and video arcades. Large amusement facilities are not designed for shopping complexes, inconvenient for customers, and are usually very costly. Video arcades are easy to install and inexpensive, but can be undesirable because of the lack of complete family entertainment. What ProPark centers will accomplish, is that of a complement to a current center mix. We will draw, but more importantly sustain shoppers, entice family outings, and bring excitement to a given mall or center without a major cost burden to the developer. ProPark centers will also increase the number of trips to a development and cater to the local area effectively with periodic contests and charitable promotions. By limiting our size to 12,000 - 14.000 square feet, we will not take away from a center but rather provide an area in which a family can relax, have fun, and extend a given trip to the center. With the combination of a playing area, viewing area, toddler area, and concession stand, our facility will be appealing to the whole family. Our concept is not right for every mall or center, but can impact positively the right center for the following reasons: Unique blend of sport action entertainment Limited capital investment by developer New and exciting Safe, clean "All American" fun Quick installation For these reasons alone, our facilities will create a successful market niche within the retail entertainment industry, and become a new focal point for developers searching for that missing link. . PRODUCT Or:ERING ~TTACHMENT C11page 3 Our product offering is unique, being an action oriented complex, rather than a video arcade or amusement park. All games will be housed indoors in an open environment entitled ''The Playing Field", with games being monitored by a referee. All games with the exception of the coin operated machines and miniature golf will be on timers activated by tokens. ''The Playing Field" will have 14 feet or higher ceilings. be well lit, open, clearl and safe. TY Video monitors will be located in select viewing areas, so all customers can watch live sports action while playing or waiting in line. Generic floor plans and draws are attached, but may differ slightly from location to location. The main games are as follows: FOOTBALL PASS & KICK: This game simulates a football end zone, complete with field goal and players in a 35' x 15' area. A player receives five footballs for $1.00 then attempts to throw as many touchdown passes as possible. For each touchdown pass, the player receives a free field goal attempt. This game can be played by one or more players. BASKETBALL ALLEY: This exciting feature includes three 10'x 20' basketball courts with mesh dividers and baskets of 8' and 9'. These courts will be on timers, and has a maximum of two players per court. PADDLE TENNIS: Also a 10' x 20' court, this is table tennis come to life. This game is on a timer and has a maximum of four players. MAJOR LEAGUE PITCH: This simulation of a pitching mound is 40' x 8' complete with mound and rubber. At the plate - catcher, batter and umpire make this more than a carnival throw. A radar gun will clock the speed of each pitch. .. IATTACHMENT Cllpage 4\ GOLF DRIVING CAGES: These driving cages are 12' x 15' and allows golfers of all calibers to test their skills indoors. Using real clubs and balls, each player gets to swing away. Using microwave technology, the digital readout lets the player know what kind of shot he/she hit (slice, hook, dead on, etc. as well as distance). MINIATURE GOLF Just as it says, 18 holes of one of America's favorite family games-INDOORS! All of our action games are designed for multiple audiences. First is the competitor, players looking for a competitive game to test their skills, have fun, and play with a friend. Second is the educator, one who wishes to teach the skills to one of the above games in a controlled, safe environment. Third, those who just want to have fun, and lots of it... with the array of games offered at ProPark facilities. Along with the action games are some of our favorite coin operated machines: Billiards Ping Pong Air Hockey Foosball Select popular video games We also include a toddler play area full of fun and games for those under four years old. ". '.. \' IATTACHMENT cl [Page 51 The other part of our facilities feature the "Grand Stand" viewing area. . This area is centered around a 60" high fidelity television and sound system, that simulates stadium style seating. The Grand Stand ""ill feature both live and prerecorded sporting events as well as select listening features. Along with the television, we will have a "Sports-Ticker" with on-line scores and news from around the country. The "Sports-Ticker" will also display hourly trivia questions, with winners receiving gifts. Next to the Grand Stand will be the "Vendor Stand", serving food and beverage refreshments. The menu will be on the order of snack food similar to a bowling alley, and not a luncheon or dinner format. Our unique product mix will provide a complete family entertainment complex in an "All American Sports Tradition" catering to a large target audience. With efficient space planning and architectural design, ProParks will be appealing to our customers, safe, and . maximize returns per square foot thus becoming the premier indoor sport park in the country. '.. ... '1' "~ <.J: .- I ~ I ~ ~:~~/ ~~=! 0 1\"{ Q /' 7:~~~~~~/'/ -0 . ~"'.... - ~ l-= "I i~ '~ '%:. ~~ ~j J\"'" ~ E r '0 ~ t- r\ 1\1 ,... j ~ '" %.. -\ _;?5 ~ l ~ c - "- f'.: 0: ....... c c .., 't'1',t/(z," ~ ,i --;:'0. ~ J ~ fl JI "' II ".11 ~ t .,. (!J .-. o ..... " N CD ..... CJ o ,po. . '<:l o N * ~ > (") ::t s: m z ~ t:I ., iVJ..LSCELLNEOUS 11.u./1v-e ,1. /j es '1/ /7/91 L/{.{.6 SP 91-03 Pro-Park (The Gardens) - Mr. Keeler explained that the applicant for this project (which had been denied at the April 2nd meeting), had withdrawn his request for the sale of alcoholic beverages. He asked if the Commissions' denial had been based solely on the sale of alcohol, or if there had.been other concerns also. The Commission confirmed that there had been no other concerns and authorized staff to pass on to the Board that "if that aspect of the application had been removed, our recommendation would likely have been for approval rather than disapproval." Distributed to Board: ~#.v Ager.daJt~m.No. 9/ ~f//;:{?'cJ , '. . . - , (' r-- ~ . '. ~r f f COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 '...,~ ,..' April 4, 1991 Faith Mission Home HCR 1, Box 114 Free Union, VA 22940 RE: SP-91-04 Faith Mission Home Dear Sir: The Albemarle County Planning Commission, at its meeting on April 2, 1991, unanimously recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Expansion shall be limited as shown on site plan dated February 11, 1991; 2. Staff approval of site plan; 3. Entrance shall be upgraded in accordance with the comments of the Virginia Department of Transportation; 4. Department of Engineering approval of grading and drainage plans and calculations. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 17, 1991. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. Faith Mission Home Page 2 April 4, 1991 YOU OR YOUR REPRESENTATIVE MUST BE PRESENT FOR THIS MEETING. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, 1/~J?~ , William D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Patterson Richard Moring Eugene Schloback ~ '" STAFF PERSON: PLANNING C~~~ISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ APRIL 2, 1991 APRIL 17, 1991 SP-91-04 ?AITH MISSION HOME Petition: Faith Mission Home petitions the Board of Supervisors to issue a special use permit to allow the expansion of the existing church building to include sanctuary, foyer and restrooms [10.2.2(35)] on 9.2 acres zoned, RA, Rural Areas. Property, described as Tax Map 3, Parcel 1B is on the west side of Route 601 at the Greene County line in the White Hall Magisterial District. This site is not in a designated growth area. Character of the Area: The site is currently developed with the Faith Mission Home facilities. Several dwellings are located in Greene County near this site. APPLICANT'S PROPOSAL: The applicant is proposing to add an approximately 2,800 square foot addition (40 x 70 feet) to the existing church. The proposed addition is to include sanctuary, foyer and restrooms. The application has obtained a variance (VA-89-35) to allow the construction of a septic field on slopes of 25% and greater. SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance .and recommends approval. PLANNING AND ZONING HISTORY: May 9, 1989 - Board of Zoning Appeals approved variance request to allow septic system on slopes of 25% and greater. COMPREHENSIVE PLAN: This site is located in Rural Area I. The Comprehensive Plan discourages development in the Rural Areas of the County note related to bona fide agricultural/forestal use. The Comprehensive Plan does not speak to expansion of existing uses supporting the rural area population. This expansion is intended to improve current facilities, but not increase church membership. 1 '" SUMMARY AND RECOMMENDATION: staff opinion is that certain uses such as churches, day care, and schools contribute to the well-being and moral fibre of the community. In this posture, staff review is confined to issues of physical development while other considerations of appropriateness of the use to a given location is a matter of legislative discretion. This request is intended primarily to improve the facilities of the church. No significant increase in membership is anticipated and therefore traffic volumes and general activity on the site should not substantially change. Existing traffic on this portion of Route 601 is 96 vehicle trips per day based on 1986 traffic counts. The slopes of the area for the proposed expansion exceeds 25%. The applicant has submitted a building elevation showing the proposed expansion being built into the slope of the land. The Engineering Department has reviewed the request and has stated that it can support the request. There is limited area on site which would allow for additional construction. The only area available which is in slopes of less than 25% is used for a parking lot and no replacement area is available if parking were lost. The proposed construction technique, building into the slope, is preferable to the flattening of the site. In addition, no area is available in slopes of less than 25% which are available for expansion. Staff is able to support the proposed construction for the above reasons. Staff opinion is that expansion of the existing building will not result in substantial detriment to adjacent properties and will not change the character of the district. In order to ensure the public health, safety and welfare, staff recommends that the entrance be upgraded in accord with the comments of the Virginia Department of Transportation (Attachment C). Staff opinion is that this request is consistent with Section 31.2.4.1 of the ordinance and therefore staff recommends approval subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. Expansion shall be limited as shown on site plan dated February 11, 1991; 2. Staff approval of site plan; 2 ~ . 3. Entrance shall be upgraded in accordance with the. comments of the virginia Department of Transportation; 4. Department of Engineering approval of grading and drainage plans and calculations. ATTACHMENTS: A - Location Map B - Tax Map C - Virginia Department of Transportation Comments D - Building Elevation 3 M . Jo ~. ~ARLE , COUNTY ALBEMARLE '{ATTACHMENT Al "-.. .~ "\ .. '-~:,> ~ ... '" " "-.....~ "" " ....*' '\ J \ "':4. I I ~ \ :. ~ -:::::.. ""--~ '-\ ,/{/ '\ ~ ~.~ \ '" \\ . '--~ ~.~ ~ '0 "- --s:::- -=-- - -..... .' r/ / "'- i~' ;/- :-- - ..,? /"" '--. ~ ~ ~ 5 G / '~N'( .~ .~o,. ~ "- .1",.. . 7' '-- .-...-.. ,--~.", ./"'-.. --..>< \ 8 .~". "'../ ./ \ ~". 10 "<--.. SP-91-04 FAITH MISSION HOME I 6 HALL OISTR lOT 7 SECTION 2 ,. --- SC ALE IN F[[T ... .... I'" .... , WHITE HALL 01 [ATTACHMENT BJ ~) ?/ ~ "- ~ ~ o v ... G I? ~ ~ ~ ~ ~ (, '" ~ c ~ ..) \. ( ""'- 2' ~ . 3.70 MOUNi AIN >> " @ill .~.n , \,~ SP-91-04 FAITH MISSION HOME @],(/ l- . TP> 1E@lUWrn'1iil IATTACHMENT CI COMMONWEALTH of VIRGINIA PLANNING DIVISION RAY D. PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 D. S. ROOSEVELT RESIDENT ENGINEER March 14, 1991 Special Use Permits & Rezonings April 1991 Mr. Ronald S. Keeler County Office Building 401 McIntire Road Charlottesville, VA. 22901 Dear Mr. Keeler: The following are our comments: 1. SP-89-64 Lois Stewart-Wiebe, Route 810 - The design of the crossing of the river should be such that it does not cause flooding to Route 810. Some cutting and/or clearing of vegetation along the ~ast side of Route 810 is needed to the north to insure that 250 feet of sight distance is maintained. 2. SP-91-04 Faith Mission Home, Route 601 - The entrances to this property are at the Albemarle/Greene County line. The section of Route 601 in Albemarle County is tolerable, while the section in Greene County of Route 601 is a non-tolerable gravel road. This request could result in some increase in traffic. The entrance on the west side of Route 601 that serves the existing sanctuary only has 110 feet of sight distance to the north. A minimum of 150 feet of sight distance is needed and to obtain this would require major grading of a steep bank. The Department recommends that the sight distance be obtained should this request be approved. . 3. SP-90-102 Central Cellular, Route 240 - The existing main entrance on Route 240 for Acme Visible is adequate for access to this request. 4. ZMA-90-28 Church of God, Route 631 - This section of Route 631 is currently non-tolerable. The Comprehensive Plan shows the piece of property in this request to be low density residential. This 0.98 acres could generate approximately 200-250 VPD under the CO zoning. Under the R-4 zoning there would be approximately 30 - 40 VPD generated from this property. Yours truly, Sr.a.~ J. A. Echols Ass't. Resident Engineer JAE/ldw IJ.. ~ r-- <.D I'- ~ 0, ~[ ,I t' / / '" /';- "- '" / / .~ / / ~ \=; '- <0/./ Z :::l / <' 0 "?-/. ./ / :::l0 /'V~r//// :3 L> / "'<,; / / / / w . . / ~"?- / ",// / ' W .-J ./ v C::;/ / / // ~ ~ / / / ' ''-._L;/ / / / / W ~ / // // / /; a: w ,,; .// //- (? CS //, \... ,0/ //, 0/ I Y // I // ./ -.... I .I / / ./~/ I (////// 1// " I I' /.L.( I <.0 1 ,.... >- z ,\ ~J I " -~ \ Ii; ~ \ _ '" \ \ \ / V/ .", -- /" ;' / I ,O.i?// \ \ \ \ \ \ \ \ \ \ /-- ,/ (/ I I ...- / /,.,...- I I I , , , I 1 I I I I ,--) \ I I I \ I \ I \ j' \ /);U / I / / / \ \ j" 8, ,0, 0/9 I Iv I i I , l- J .0: :c Q. r.n .0: .0. so. c DATE (J-p ri I /71 /19/ 91,()'-I!7 ~I S p- C; () - / () ;J (J e~t./U ~t.-L eLl! 9'7/ AGENDA ITEM NO. AGENDA ITEM NAME DEFERRED UNTIL &~JQ,'- Form. 3 7/25/86 , " Edward H. Bain, Jr Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 April 22, 1991 Walter F. PerkinS White Hall David P Bowerman Charlottesville F. R. (Rick) Bowie Rivanna Peter T. Way Scof!sville Mr. Robert L. Laslie Vice President - Supplements Municipal Code Corporation 1700 Capital Circle, S.W. P. O. Box 2235 Tallahassee, Florida 32316 Dear Mr. Laslie: Enclosed is a copy of an ordinance amending the Code of Albemarle Chapter 2.2, Alarms. Please include these in the next issue of the supplement. If there are questions, please contact me. Sincerely, C all / ~// ,(::t;~ ';;;::;:;~j/~ ~ettie E. Neher, Clerk Board of Supervisors LEN:ewc Enclosure .. .. AN ORDINANCE AMENDING AND REENACTING THE CODE OF ALBEMARLE IN CHAPTER 2. 2, KNOWN AS "ALARMS" BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 2.2, "Alarms", in the Code of Albemarle be amended and reenacted to read as follows: Sec. 2.2-1. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "False alarms." Means an alarm that causes a police response, when the responding officer finds no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are: (1) Alarms occurring during electrical storms, hurricane, tornado, bliz- zards and acts of God; or (2) Electrical power disruption or failure; or (3) Alarms caused by a failure of the equipment at the Emergency Opera- tions Center. Sec. 2.2-2. Intentional false alarms a criminal offense. It shall be a criminal misdemeanor for any person to knowingly and without just cause activate a security or fire alarm to summon the police department or fire and rescue service in situations where there is no actual or threatened criminal or fire activity requiring immediate police or fire response. Sec. 2.2-3. Charges for false alarms. After two false alarms in any twelve month period, users shall be charged for each subsequent false alarm which results in a police department response, in such amount as is reasonably calculated to reimburse the county for the costs of responding to such false alarms. Such amount may be computed and recomputed by the county executive from time to time, on the basis of the average time, manpower and equipment devoted to police response to false alarms. This charge is to reimburse the county for costs expended; it is not a fine, and is not dependent upon a criminal conviction under section 2.2-2 above. Sec. 2.2-4. Payment for false alarms. Charges for false alarms shall be paid to the director of finance. Sec. 2.2-5. Administration. Administration of this chapter shall be the joint responsibility of the chief of police and the director of finance under the supervision of the county executive. . - Page 2 - Sec. 2.2-6. Appeals. Any charge for a false alarm, or notice of withdrawal of consent or order to disconnect, as provided hereinabove, may be appealed to the board of super- visors by application of the owner filed with the county executive within ten days of the date of notice of such charge or order. Upon receipt of such appeal, the county executive or his designee may grant relief from such charge or order, or may place the matter on the agenda of the board of supervisors for hearing. ,;'()~**-!( I, correct County, Lettie E. Neher, do hereby certify that the foregoing writing is a true, copy for an ordinance adopted by the Board of Supervisors of Albemarle Virginia, at a regular meeting held on April 17, 1991. ~ //C;;-;; ~ ~?~~ Clerk, Board '~C~:Y Supervisors f ", 't. , , : f '..' ;/'" i ~ , I f LJ COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 '. I v _ " ~ ~ ;"---"~.~ I~' ~:,~ _~- - ~ ,~".". ""l(\,;';lj '~>OUl...;1 \,~...~I'\ t..J M E M 0 RAN DUM FROM: John Miller, Chief of Police Lettie E. Neher, Clerk~prJ April 18, 1991 TO: DATE: SUBJECT: False Alarm Ordinance At its meeting on April 17, 1991, the Board of Supervisors adopted the attached ordinance to amend and reenact Chapter 2.2, ALARMS, of the Code of Albemarle. LEN:ec Attachment cc: Municipal Code Lester Wilson, III <t' AN ORDINANCE AMENDING AND REENACTING THE CODE OF ALBEMARLE IN CHAPTER 2. 2, KNOWN AS "ALARMS" BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 2.2, "Alarms", in the Code of Albemarle be amended and reenacted to read as follows: Sec. 2.2-1. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "False alarms. " Means an alarm that causes a police response, when the responding officer.finds no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are: (1) Alarms occurring during electrical storms, hurricane, tornado, bliz- zards and acts of God; or (2) Electrical power disruption or failure; or (3) Alarms caused by a failure of the equipment at the Emergency Opera- tions Center. Sec. 2.2-2. Intentional false alarms a criminal offense. It shall be a criminal misdemeanor for any person to knowingly and without just cause activate a security or fire alarm to summon the police department or fire and rescue service in situations where there is no actual or threatened criminal or fire activity requiring immediate police or fire response. Sec. 2.2-3. Charges for false alarms. After two false alarms in any twelve month period, users shall be charged for each subsequent false alarm which results in a police department response, in such amount as is reasonably calculated to reimburse the county for the costs of responding to such false alarms. Such amount may be computed and recomputed by the county executive from time to time, on the basis of the average time, manpower and equipment devoted to police response to false alarms. This charge is to reimburse the county for costs expended; it is not a fine, and is not dependent upon a criminal conviction under section 2.2-2 above. Sec. 2.2-4. Payment for false alarms. Charges for false alarms shall be paid to the director of finance. Sec. 2.2-5. Administration. Administration of this chapter shall be the joint responsibility of the chief of police and the director of finance under the supervision of the county executive. .. .. - Page 2 - Sec. 2.2-6. Appeals. Any charge for a false alarm, or notice of withdrawal of consent or order to disconnect, as provided hereinabove, may be appealed to the board of super- visors by application of the owner filed with the county executive within ten days of the date of notice of such charge or order. Upon receipt of such appeal, the county executive or his designee may grant relief from such charge or order, or may place the matter on the agenda of the board of supervisors for hearing. -Ie * * * ,I( I, correct County, Lettie E. Neher, do hereby certify that the foregoing writing is a true, copy for an ordinance adopted by the Board of Supervisors of Albemarle Virginia, at a regular meeting held on April 17, 1991.' ~,~~~ ~ ~.?t/'~ Clerk, Board ~C~ty Supervisors "'l Distnbuted to Board: ~ #- ;; / Agenda No. j1~ /~~~~..;::?77 AN ORDINANCE AMENDING AND REENACTING THE CODE OF ALBEMARLE IN CHAPTER 2.2, KNOWN AS "ALARMS" BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 2.2, "Alarms", in the Code of Albemarle be amended and reenacted to read as follows: Sec. 2.2-1. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: UAtt~oma~ie-alarm-deviee~U--Any-deviee-or-eombina~ion-of-deviees-tha~-will ttpon-ae~iva~ion-either-meehanieally,-eleetrieally,-atttomatieally-or-by-any-o~her mean~-eanse-any-attdible,-visible-or-other-signal-~o-be-initiated-a~-any-orfiee or-~he-eottnty-or-i~s-poliee-department~--Ei3-i~i~bj UAl1~omatie-eommttniea~ion-deviee~u --Any -deviee -or -eombination -of -deviees ~ha~-will,-ttpon-aetivation,-either-meehanieally,-eleetrieally,-atttomatieally-or by-any-other-means-ini~iate-the-ealling,-dialing-or-eonnee~ion-~o-a-nttmber,-line or-ins~rttment~--Ei3-i~i~aj "False alarms. " Means an alarm that causes a police response, when the responding officer finds no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are: (1) Alarms occurring during electrical storms, hurricane, tornado, bliz- zards and acts of God; or (2) Electrical power disruption or failure; or (3) Alarms caused by a failure of the equipment at the Emergency Opera- tions Center. u~elephone-nttmber~U--Stteh-~erm-inelndes-any-addi~ional-nttmbers-assigned-by a -pttblie -tt~ility -eompany -engaged -in -~he -bttsiness -or -pro':riding -eommttnieations ser':riees -and -faeili~ies -~o -be -nsed -by -means -of -a -ro~ary -or -other -system -~o eonnee~-wi~h-~he-sttbseriber-to-the-primary-nttmber-when-stteh-nttmber-is-in-ttse~ 03-h4j See~--~~~-~~--€onsen~-of-eottn~y-prere~ttisi~e-~o-ins~alla~ion---deviees-eonnee~ed ~o-lines,-ete~,-assi~ned-~o-eottn~y~ -----I~-shall-be-ttnlawfttl-for-any-person-~o-nse-or-opera~e,-eanse-to-be-nsed-or operated,-arrange,-adjttst,-program-or-otherwise-pro':ride-or-install-any-att~omatie eommttniea~ion-de':riee-wi~hin-Albemarle-€ottnty-whieh-shall-initiate-the-ealling, dialing -or -eonneetion -~o -any -telephone -nttmber, -line -or -ins~rttmen~ -assigned -~o ~he -eonnty -or -its -poliee -department, -or -~he -loeal -911:. -Emergeney -8perations €enter,-withottt-the-prior-written-eonsent-of-the-ehief-of-poliee~--Ei3-i~~aj See~--2~2-3~--Same---de':riees-whieh-re~ister-alarms-at-eonnty-offiees-or-poliee department~ -----It-shall-be-ttnlawrttl-for-any-person-to-nse-or-operate,-eanse-~o-be-nsed-or opera~ed,-arrange,-adjtts~,-program-or-o~herwise-provide-or-ins~all-any-att~oma~ie alarm-deviee-whieh-~hall-register-any-~ype-of-alarm-at-any-orfiee-of-the-eottnty or-its-poliee-department-withottt-prior-wri~~en-eonsent-of-the-ehief-of-poliee~ 03-h~~bj t - 2 - See~--~~~-4~--6ondition~-for-issttanee-of-eonsent~ -----Written-eonsent-may-be-isstted-by-the-ehief-of-poliee-ttpon-his-determination that-the-system-ttnder-eonsideration-will-benefit-the-more-effieient-operation-of the-pol~ee-department,-btt~-ttnder-no-eirettmstanees-w~ll-any-atttoma~~e-eommttniea- tion-de~iee-or-other-att~oma~~e-alarm-dev~ee-be-eonsidered-for-any-pttrpose-other than-to-alert-the-poliee-department-to-the-eommission-of-an-offense~--E13-1~3~aj A -non-refttndable -reg~strat~on -fee -per -eaeh -alarm -sH~e -in -the -amottnt: -of $~5~88-shall-be-a-pre-eondition-for-issttanee-of-eonsent~ See~--~~~-5~--Notiee-of-withdrawal-of-eonsent,-diseonneetion-of-de~iees~ -----The-eottnty-may-withdraw-its-eonsent-by-written-notiee-to-the-person-to-whom the-eon~ent-wa~-gi~en-and-~tteh-person-shall-ha~e-the-de~iees-diseonneeted-within ~e~en -day~ -of -reee~pt: -of -stteh -written -notiee -of -wH:hdrawal:' --Approval -for rein~tatement -w~ll -be -based -on -term~ -est:abl~shed -by -the -eh~ef -of -poliee~ EB-l~3~bj Sec. ~~~-6~ 2.2-2. Intentional false alarms a criminal offense. It shall be a criminal misdemeanor for any person to knowingly and without just cause activate a security or fire alarm to summon the police department or fire and rescue service in situations where there is no actual or threatened criminal or fire activity requiring immediate police or fire response. Sec. ~~~-t~ 2.2-3. Charges for false alarms. After two false alarms in any twelve month period, users shall be charged for each subsequent false alarm which results in a police department response, in such amount as is reasonably calculated to reimburse the county for the costs of responding to such false alarms. Such amount may be computed and recomputed by the county executive from time to time, on the basis of the average time, manpower and equipment devoted to police response to false alarms. This charge is to reimburse the county for costs expended; it is not a fine, and is not dependent upon a criminal conviction under section ~~~-6 2.2-2 above. Sec. ~~~-8~ 2.2-4. Payment for false alarms. Charges for false alarms shall be paid to the director of finance. Sec. ~~~-9~ 2.2-5. Administration. Administration of this chapter shall be the joint responsibility of the chief of police and the director of finance under the supervision of the county executive. Sec. ~~~-9~ 2.2-6. Appeals. Any charge for a false alarm, or notice of withdrawal of consent or order to disconnect, as provided hereinabove, may be appealed to the board of super- visors by application of the owner filed with the county executive within ten days of the date of notice of such charge or order. Upon receipt of such appeal, the county executive or his designee may grant relief from such charge or order, or may place the matter on the agenda of the board of supervisors for hearing. , COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 JAMES M. BOWLING, IV DEPUTY COUNTY ATTORNEY March 19, 1991 GEORGE R. ST.JOHN COUNTY ATTORNEY ';"::'"."'""\. Mr. Robert W. Tucker, Jr. County Executive POUNTY OF ALBEMAR"'i Re: Alarm Ordinance Chief John Miller Albemarle County Police 401 McIntire Road Charlottesville, Virginia 22901-4596 Dear Bob and Chief Miller: You will each find enclosed a copy of a draft of the "False Alarm" ordinance, which omits everything having to do with registration, county permits for installation, and all of that. The only thing we are doing here is making it a local misdemeanor to intentionally send in a false alarm, and provide for civil reimbursement of costs, for unintentional false alarms. If this looks good to you, then you should go ahead and put it on the agenda for the appropriate Board meeting. s~c::~.~ vii? G~~St. JO~/ - County Attorney ~-.... GRStJ/tlh Enclosure \. J..r~ () PI' H\'ANCE hfv.Et"DING THE CODE Of ALBE!liARLE COUNTY, VIRGHJII., BY THF ADDl'rIOt~ 'I'HERETO OF CHAP'I'ER 2.2, KNOWi': AS II ALA R:r.:S at CONCEF},ING jI,DTO!lJ.;t Ie Cor....J1UNI CATIOl\ AND ALAR~ rEV I CBS ;'" A BE IT ORDAINED by the Beard of Supervisors of Albemarle County, Vi 19 ir:ia, tba t the Code of p,lbema rl e County be amended by the addition thereto of Chapter 2.2, "Alarmsn to read as follows: Sec. 2.2-1. DefiLitions. ------~--'-_._._~--~-,._.- For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by t:r: i ~ see t:i or. : nFalse alarmsn.: ~eans an alarm that causes a police response, when the responding officer finds no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are: ( 1 ) tornodo, AlarITiE occurring during electrical blizzards and acts of God; or storms, hurricane, (2) Electrical power disruption or failure; or (3) Alarms caused by a failure of the equipment at the Emergency Operations Center. See 2.2-2. Intentional False alarms a criminal offense. It shall be a criminal misdemeanor for any person to knowingly and without just cause activate a security or fire alarm to summon the police department or fire and rescue service in situations where there is no actual or threatened criminal or fire activity requiring immediate police or fire response. See 2.2-3. Charges for false alarms. After two false alaYITis in any twelve month period, users shall be charged for each subsequent false alarm which results in a police department response, in such amount as is reasonably calculated to reimburse the county for the costs of responding to such false alaYITis. Such amount may be computed and recomputed by the County Executive from time to time, on the basis of the average time, manpower and equipment devoted to police response to fal se alarms. This charge is to reimburse the County for costs expended; it is not a fine; and is not dependent upon a criminal conviction under Section 2.2-2 above. See 2.2-4. Payment for false alarms. Charges for false alarms shall be paid to the Director of Fir,ance. /tIA ' \ '. -.. ----.'-' '-~_.._-----_.-~__ ~._~__ _.__.. __..___._m.____ See 2.2-5. ha.rrir~istratic!r. Administration of t}Jis C]-"apter shall be the joint responsibility of the Chief of polict and the Director of Finance Lnder tte Eupe~viEi0n of tte County Executive. S ~~_._ 2 .? - ~'_ __~-:E1?ea 1 E . Any charge for a false alarm, or notice of withdrawal of consent or order to disconnect, as provided hereinabove, may be appealed to the Board of Supervisors by application of the owner fi:'ed with the County Executive within ten days of the date of notice of such charge or order. Upon receipt of such appeal, the County Executive or his designee may grant relief from such c :ba.r 9 e or or de:::, or TIlay place the ma t ter on t:he agenda of the Board of Supen;:sors for hearing. This ordinance shall take effect on 1991. RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend the Albemarle County Code, Chapter 2.2, "Alarms", to delete the requirement for registration of automatic alarms. * * * * * I, Lettie E. Neher, do hereby certify that is a true, correct copy of a resolution adopted Supervisors of Albemarle County, Virginia, at a held on March 13, 1991. the foregoing writing by the Board of regular meeting .., ~~;:> ./A ~~ ~~ ~~oar of count~erVisors . COUNTY OF ALBEMARLE POLICE DEPARTMENT ALARM ORDINANCE STATUS REPORT March 4, 1991 2' ttC\ \ Cj(). iOld,,)]7 'tiN n /1;. (.., f\ " '<.,' . ALARM ORDINANCE - STATUS REPORT INTRODUCTION: After reviewing the results of the first workload allocation study, the Albemarle County Police Department recommended to the Board the adoption of an alarm ordinance. The ordinance was enacted in November 1990. The ordinance requires the registration of specified alarm systems with the police department, and allows the County to charge a false alarm fee for more than two avoidable false alarms in a twelve month period of time. The administrative process was implemented on January 18, 1991, and enforcement of the ordinance is scheduled to begin on May 1, 1991. SCOPE OF PROBLEM: The police department's first workload allocation study was conducted in January 1990, with a main focus being the identifi- cation of categories of calls for service where demand could be reduced. One major problem identified was the area of false alarm responses. During calendar year 1989, the police depart- ment responded to 2081 alarm calls, with 2067 of them (or 99.3%) being false alarms. The Department responded to a total of 26,054 calls for service in 1989, with false alarm responses representing 7.93% of the total workload. The average alarm call in 1989 took approximately 21 minutes to handle (dispatch time to cleared time). The majority of alarm calls are a two unit re- sponse due to their nature, therefore each false alarm could require 42 man-minutes to handle. During 1989, 1446.9 manhours were potentially lost due to false alarms. An analysis of alarm calls for calendar year 1990, and the first two months of 1991 (shown below) shows that this trend continues. YEAR FALSE ALARMS TOTAL CALLS % FALSE ALARM FOR SERVICE COMPARED TO TOTAL CALLS MANHOURS CONSUMED 89 2067 26,054 7.93% 1446.9 90 2055 25,998 7.90% 1438.5 91* 285 3,542 8.05% 199.5 * 1991 Data covers period - January 1 - February 25, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- A second and more pressing concern is the improvement of officer safety when dealing with alarm calls. It is only human nature for an officer to "assume" that an alarm activation is "false" when the frequency of false alarms is so high. The reduction in the number of false alarms will prevent the officer from falling into this trap, and perhaps avoid injury to respond- ing officers. A third consideration is the priority that alarm calls are now given. Due to the high false alarm rate, all alarms are given a low priority when demand for police service is at its peak, due to the high probability that the alarm is false. This means that during busy periods, a true or founded alarm could be held until a sector unit becomes available to handle the call. ALARM REGISTRATION: The alarm ordinance requires that any automatic alarm device must be registered with the Police Department, and it shall be unlawful for any person to use or operate an alarm prior to this registration. A one-time registration fee of $25.00 is charged to help offset administrative costs of the registration, as well as the cost of tracking false alarms. There is an exemption to the registration requirement. Any system. that does not require a DIRECT RESPONSE by the Department is exempt from the registration requirement. If the alarmed premises is PHYSICALLY checked by a third party PRIOR TO the police department being notified, then the alarm premises does not need to be registered. All alarm systems (either silent or audible) that are intended to notify police, and initiate a police response, must be registered. A major benefit of alarm registration is the collecting of information that will improve the response to alarms. Prior to the registration requirement, the Department had no estimate as to the number of alarms in Albemarle County, or their locations. Directions to the alarmed premises are provided during the regis- tration process, as well as emergency contact information. This information is invaluable in an emergency, and will aid the officer in a more timely response. The registration process also provides the Department with the party responsible for the prem- ises, so the false alarm fees may be fairly charged. A total of 54 alarm permits have been issued as of February 26, 1991, with 43 of those being residential locations, and 11 business locations. The total revenue collected to date is $1350.00 Information obtained through the registration process is confidential and will be retained and used by the Police Depart- ment for public safety purposes only. FALSE ALARM FEE - ASSESSMENT POLICY: ~ The enforcement of the alarm ordinance is scheduled to begin on May 1, 1991. Prior to this date, multiple media releases will be made to ensure that the public understands the enforcement process, as well as the intent of the ordinance. A false alarm service fee will be assessed for any false alarm, after the second false alarm in a twelve month period of time. False alarm means an alarm that causes a police response, when the responding officer finds no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are: (1) Alarms occurring during electrical storms, hurricane, tornado, blizzards and acts of God; or (2) Electrical power disruption or failure; or (3) Alarms caused by a failure of the equipment at the Emer- gency Operations Center. Police officers responding to the alarm will determine if the alarm is false, as defined above, and will forward this information to the Administrative Services Division. After two false alarms (within 12 months) at a particular location, the alarm permit holder will be notified in writing of assessments due, and a bill will be sent by the Finance Department. The Department will be realistic in the enforcement of the ordinance. IF there is any doubt that the alarm was caused by one of the conditions that would exempt it, then the alarm will NOT be counted as a false alarm. The County Executive or his designee may grant relief from such charges, or he may place the matter on the agenda of the Board of Supervisors for hearing. CONCLUSION: The adoption of the alarm ordinance, in conjunction with an equitable enforcement process, will reduce unnecessary demands on police resources, and improve the response to actual alarms. The ordinance will not by any means totally eliminate false alarms, but it will have a significant impact on false alarms that are caused by human error and negligence. The alarm ordinance and its enforcement will be continuously monitored by Police Depart- ment staff, and if the goals and objectives are not being met as planned, the process will be reevaluated. [alarm.rpt] COUNTY OF ALBEMARLE 401 MCINTIRE ROAD CHARLOTTESVILLE, VA 22901 FOR OFFICE USE ONLY PERMIT # FEE DATE SECURITY ALARM SYSTEM PERMIT APPLICANT NAME ADDRESS CITY TELEPHONE HOME ( STATE BUSINESS ZIP ) CONTACT PERSON(S) TO CONTACT IN THE EVENT OF AN ALARM NAME ADDRESS CITY STATE ZIP TELEPHONE HOME ( BUSINESS ( ) NAME ADDRESS CITY STATE ZIP TELEPHONE HOME BUSINESS ) PREMISES PROPERTY OWNER AND ADDRESS OF BUSINESS OR RESIDENCE WHERE ALARM IS ACTUALLY LOCATED NAME ADDRESS CITY STATE ZIP TELEPHONE HOME ( ) BUSINESS ) DIRECTIONS TO PREMISES DESCRIPTION Describe Alarm System. Include whether it is audible or silent. If monitored, by whom, and give address and phone. MONITOR ADDRESS CITY TELEPHONE ( ALARL"VI TYPE STATE AUDIBLE INTRUSION HOLD-UP ZIP SILENT BOTH The undersigned is authorized to represent the person, firm or corporation applying for this permit and does acknowledge that the undersigned has read the Albemarle County Alarm Ordinance, as may be amended and other requirements and conditions noted on the reverse side of this application. The undersigned further acknowledges that he authorized by the person, firm or corporation applying for this permit to accept the conditions and obligations contained therein as binding upon the person, firm or corp- oration making application. SIGNED DATE -------------------------------------------------------------------------- ----------------------------.---------------------------------------------- APPROVED BY DATE ISSUED BY DATE Police Dept. - White Finance Dept. - Yellow Applicant - Pink . , Di~tritTted to Board: -f/-// # No.~,1 ?/'f// Z?,? COUNTY OF ALBEMARLE MEMORANDUM TO: Albemarle County Board of Supervisors ~ FROM: Robert W. Tucker, Jr., County EXeCUtiVeft I DATE: April 11, 1991 RE: Transfer of Funds - AHIP Funding for a Housing Specialist assigned to AHIP is currently being held in a contingency fund in the Board of Supervisors account code. This funding was placed in your contingency account pending receipt of a Community Development Block Grant which was finalized in December, 1990. Staff recommends you take official action authorizing the Director of Finance to transfer $13,406 from your contingency account (code 1000-11010-999999) to AHIP (code 1000-89000-563100). The position was filled last July with the understanding that the County would provide one-half of the cost once the Block Grant was obtained. RWTJr/RBJ/bat 91-1.34 c: Melvin Breeden . " COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE. VIRGINIA 22901-4596 M E M 0 RAN DUM FROM: Lettie Breeden, Director of Finance E. Neher, Clerk/~ 1991 )'r TO: Melvin DATE: May 6, SUBJECT: Appropriation for AHIP At its meeting on April 17, 1991, the Board of Supervisors approved the transfer of $13,406 for a Housing Specialist assigned to AHIP. Attached please find the signed appropriation form reflecting that action. , LEN:ec Attachments -P r;) LAU\ 11'-- -\-e- (! C; i~o'f- 0-"-- ,0- APPROPRIATION REQUEST . FISCAL YEAR 90/91 NUMBER .9000291 TYPE OF APPROPRIATION . ':-;-1 ., -.-'-.- ; "., ADDITIOti~~' I , : TRANSFEij.';' ; ~y '2 '991 " i I i , :, .I. I" i NEW . : 1"'-1"-'-" .I i! i J L. , " l,~L:; I L_-U..p......n" I L i . YES [3 C) ~ (', ;' ,- -~.~ ,,'" L..:.:J L..:J - .1.. Lit- 'sllj,'c"f;>\/I(,')p. NO X. L., -'L. ':.:. ADVERTISEMENT REQUIRED ? FUND GENERAL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FROM B.O.S. CONTINGENCY TO AHIP. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1100011010999999 B.O.S. CONTINGENCY ($13,406.00) 1100089000563100 AHIP 13,406.00 TOTAL $0.00 REVENUE DESCRIPTION AMOUNT ************************************************************************ TOTAL $0.00 ************************************************************************ REQUESTING COST CENTER: EDUCATION APPROVALS: SIGNATURE DATE DIRECTOR OF FINANCE ff~g- 5-2.-9/ - , ~~b -,~ BOARD OF SUPERVISORS ..., RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the operations budget for the County for the Fiscal Year beginning July 1, 1991, be approved as follows: Total $ 3,667,570 1,229,612 5,952,930 1,518,700 3,789,858 2,415,462 1,666,185 3,277,350 67,500 1,000,000 150,000 4,329,518 56,592,020 $85,656,705 General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Debt Service Reserve Education - Debt Service Education - Operations * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 17, 1991. ~..~ ~ ~~~ ~k, Board of County Supervisors " to 8oard: ~ //: ~ Agcrdn rio. 11/./// ff ..303 RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the operations budget for the County for the Fiscal Year beginning July 1, 1991, be approved as follows: General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Debt Service Reserve Education - Debt Service Education - Operations Total $ 3,667,570 1,229,612 5,952,930 1,518,700 3,789,858 2,415,462 1,666,185 3,277,350 67,500 1,000,000 150,000 4,329,518 56,592,020 $85,656,705 ~ .r==--~--=-=.-" THE DAILY PROGRESS, Charlottesville. Virginia, Tuesday, April 2. 1991 AS COUNTY OF ALBEMARLE, VIRGINIA PROPOSED BUDGET FOR FISCAL YEAR BEGINNING JULY 1, 1991 A HEARING will be held by the Board of Supervisors of Albemarle County, Virginia, at 7:00 P.M. on WEDNESDAY, APRIL 10, 1991, in the Auditorium of the County Office Building, 401 Mcintire Road, Charlottesville, Virginia, on the proposed 1991-92 budget. This budget synposis is prepared and published for informative and fiscal planning purposes and will not be approved, adopted, or ratified by the Board of Supervisors Virginia Code Sections 15.1-160 and 15.1-162). ESTIMATED EXPENDITURES ) J GENERAL GOVERNMENT: ADMINISTRATION: Board of Supervisors ............................................. 287,480 County Executive ................................................ 367,523 Data Processing ................................................. 784,241 Elections ....................................................... 127,235 Finance ...................................................... 1,689,479 Legal Services .................................................. 191,472 Personnel ...................................................... 220,140 COMMUNITY DEVELOPMENT: Albemarle Housing Improvement .................................... 275,430 Bus Service ..................................................... 31,491 Gypsy Moth Program ............................................... 9,695 Housing ....................................................... 154,535 Monticello Community Action Agency ................................. 36,085 Planning ....................................................... 648,615 SoillWater Conservation ............................................20,283 VPI Extension Service ............................................. 89,449 Watershed Management ........................................... 41,575 Zoning ................................ '. . . . . . . . . . . . . . . . . . . . . . .. 313,542 T JPDC ......................................................... 45,485 HUMAN DEVELOPMENT: AIDS Support Group ............................................... 5,000 CVCDA .............................. ." . . . . . . . . . . . . . . . . . . . . . . . . . . 7,340 Ch'ville/Albemarle Legal Aid ......................................... 10,405 Children and Youth Commission ..................................... 15,215 District Home .................................................... 31,200 Employment Services Program ...................................... 58,157 Family Services................................................... 5,100 Fuel Assistance .................................................. 17,505 Health Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496,000 Jefferson Area Board for the Aging ................................... 89,350 Jefferson Area United Transportation ................................ 140,340 Madison House ................................................... 3,785 Medicaid Program ................................ ~ . . . . . . . . . . . . . . 152,806 Mental Health ................................................... 197,000 Outreach Counseling .............................................. 21,430 Piedmont Va. Community College ..................................... 6,600 SARA .......................................................... 12,500 Shelter for Help in Emergency ....................................... 32,135 Social Services ................................................ 2,454,340 United Way Scholarship Program .................................... 40,250 JUDICIAL Circuit Court ..................................................... 53,2aO Clerk Circuit Court ............................................... 394,875 Commonwealth Attorney .......................................... 293,619 General District Court ............................................... 9,990 Juvenile Court ................................................... 36,542 Magistrate ........................................................ 4,265 Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437,041 PARKS. RECREATION AND CULTURE: Library ....................................................... 1 ,376,405 Literacy Volunteers ................................................. 9,200 Parks & Recreation .............................................. 846,760 Piedmont Council of the Arts _ _ _ _ _ _ _ _ . " nnn .. .... ,. .. RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, virginia, does hereby set the County Levy for the taxable year 1991 for General County purposes at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of real estate; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of machinery and tools; at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value on mobile homes; and at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle County assess and collect on all taxable real estate and all taxable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing business, not taxable by the State on Capital; including Public Service Corporation property except the rolling stock of railroads based upon the assessment fixed by the State Corporation Commission and certified by it to the Board of Supervisors both as to location and valuation; and including all boats and watercraft under five tons as set forth in the Code of virginia; and vehicles used as mobile homes or offices as set forth in the virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, Section 58.1-3500 through Section 58.1-3508. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a reguiar meeting held on April 17, 1991. ~ _~ p~ Clerk, Board of County Supervisors .. to Board: , <<-/~ i~g:nda Item No. f?/' ?J3..) $: 2'f:l RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the taxable year 1991 for General County purposes at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of real estate; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of machinery and tools; at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value on mobile homes; and at Seventy-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle County assess and collect on all taxable real estate and all taxable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing business, not taxable by the State on Capital; including Public Service Corporation property except the rolling stock of railroads based upon the assessment fixed by the State Corporation Commission and certified by it to the Board of Supervisors both as to location and valuation; and including all boats and watercraft under five tons as set forth in the Code of Virginia; and vehicles used as mobile homes or offices as set forth in the Virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, Section 58.1-3500 through Section 58.1-3508. .. r-~"""~ .' ~ r-~",~ r -, Edward H. Bain, Jr. Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 April 18, 1991 Charlotte Y Humphns Jack Jouell David P Bowerman Charlottesville Walter F. Perkins White Hall F. R (Rick) Bowie Rivanna Peter T Way Scottsville Ms. Nancy O'Brien Executive Director, Thomas Jefferson Planning District Commission 413 East Market Street, Suite 102 Charlottesville, VA 22901 Dear Ms. O'Brien: At its meeting on April 17, 1991, the Board of Supervisors adopted the attached resolution supporting the Thomas Jefferson Planning District's application to delineate areas sensitive to certain pesticides and the involvement of the Albemarle County Extension Office to help develop pesticide management plans. verY,5rulY yours(/_:;7 <4/ .~/ ~/ %jA~ (~/;<_/-;~~(?1? Lettie E. Ne~ . Clerk LEN:ec Attachment .. RESOLUTION OF SUPPORT FOR IDENTIFICATION OF NONPOINT SOURCE POLLUTION TO GROUNDWATER FROM PESTICIDES WHEREAS, pesticides are used widely in residential and agricultural land uses in Albemarle County; and WHEREAS, pesticide loss into groundwater is greater in some areas than others; and WHEREAS, these areas of Albemarle County which are particularly sensitive to certain pesticides are unknown; and WHEREAS, the knowledge of pesticide vulnerable areas and the production of a local pesticide management plan will reduce the pesticide loss from residential and agricultural land uses; and WHEREAS, the delineation of sensitive areas will help to implement the 1990 Farm Bill, the Virginia Nonpoint Source Pollution Management Program and the Environmental Protection, Public Information, Education, Monitoring and Analysis recommendations of the Virginia Pesticide Subcommittee; and WHEREAS, the knowledge of pesticide vulnerable areas will be helpful for comprehensive planning and zoning decision making in Albemarle County. NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors supports the application of the Thomas . Jefferson Planning District to delineate areas sensitive to certain pesticides and the involvement of the Albemarle County Extension Office to help develop pesticide management plans. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Albemarle Board of County Supervisors at a regular meeting ~l ? ~ Clerk, Board of ~~A.:pervisors .. ,); st 4 117 h I RESOLUTION OF SUPPORT FOR IDENTIFICATION OF NONPOINT SOURCE POLLUTION TO GROUNDWATER FROM PESTICIDES WHEREAS, pesticides are used widely in residential and agricultural land uses in Albemarle County: and WHEREAS/ pesticide loss into groundwater is greater in some areas than others; and WHEREAS, these areas of Albemarle County which are particularly sensitive to certain pesticides are unknown; and WHEREAS, the knowledge of pesticide vulnerable areas and the production of a local pesticide management plan will reduce the pesticide loss from residential and agricultural land uses; and WHEREAS, the delineation of sensitive areas will help to implement the 1990 Farm Bill/ the virginia Nonpoint Source Pollution Management program and the Environmental Protection/ Public Information, Education, Monitoring and Analysis recommendations of the Virginia pesticide subcommittee; and WHEREAS, the knowledge of pesticide vulnerable areas will be helpful for comprehensive planning and zoning decision making in Albemarle county; and BE IT RESOLVED THAT, the Albemarle County Board of supervisors supports the application of the Thomas Jefferson planning District to delineate areas sensitive to certain pesticides and the involvement of the Albemarle County Extension Office to help to develop pesticide management plans. Date: chair, F.R. Bowie - i t Edward H. Bain. Jr Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 April 22, 1991 ~ ': ~ ~ \:;. ;) ) \ (' .'t,. ~...,,..,.... .;."<l....... ''Po' .,' " ~ ' _'0, 1 l 1 " I i :1 t ~ ~ ~ l_D,arlotte!:(,J Humph"s ,Jack ,Jouett David P Bowerman Charlottesville Walter F Perkins White Hall F. R (Rick) Bowie Rivanna Peter T. Way Scollsville Ms. Eleanor Santic 7 Helios Path Barboursville, VA 22923 Dear Ms. Santic: At the Board of Supervisors meeting held on April 17, 1991, you were appointed as the County representative to the Thomas Jefferson Study to Preserve and Assess the Regional Environment (TJSPARE) . On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, JrJ2g~ F. R. Bowie Chairman LEN/ec cc: Nancy O'Brien L;;7 ~ -h v C"-.): { sc"__ .. ~ ~hl/ ~rU4 tf)~ 17 -fl~ ~ ;;;;:;:;t Ud-. ~ jt1.l (~.lL- )tJiAf~ ,7.;Z1Ji ~5lzY3 . ~. ?Jf/ 'P-jl-Z0 : ,.; , . Di.~hh~'~.~d to ~:;~rd: <..[. I 0 '~.L Agenda Hem fio. q{,o~o~{8y, /1 l C/7JVfn(.,.;JUL1n-.' , i 1- / _.:' .~ C' ~ . ~'-',' 'PIaroh :l;.4:J 1991 Mr. F. R. (Rick) Bowie 401 McIntire Road Charlottesville, VA 22901 Dear Mr. Bowie: The Planning District Commission is preparing a regional environmental assessment and plan. Entitled the "Thomas Jefferson study to Preserve and Assess the Regional Environment (TJSPARE), the resulting document will provide your locality with helpful information with which to make land use and related decisions. Enclosed is an Executive Summary of the proposal. A complete prospectus is being sent to your County Executive. It is a very exciting project. To date we have involved interested citizens from every locality and many different backgrounds. Soil conservationists, planning commissioners, National Park personnel, environmental scientists, and interested citizens are all part of an Advisory Panel working with the staff to develop the program. I am writing to request the Albemarle County Board of Supervisors appoint a person from your locality as the official representative or liaison. The person could be one of those already interested (see enclosed list) or someone else of your choice. If you want to discuss this in more depth, please call me or Michael Collins at the planning district office. The staff is willing and interested in making a presentation to your board should your schedule permit. Thank you for your assistance. U& Edward H. Bain, Jr. Chairman, TJPDC Supervisor, Albemarle County Enclosures cc: Chief Administrative Officer -,/1' J.,./...~*"(./..)~.",:..L . " prlP'icd on rtcvchd pap!!r ~, :; 'l ., .., -1 I' '-.tI'U'""L'J I ,-,AM it:~. J !.,Ll. , .- , ., J . ;/~(.,./'.l'~ f:~{ \. ,P( ,'Ll:: 4 ,'jj.('ptl./ l V'CA./~.:..'~ ,. -;'. (', ~T.a..;~ L ,,-,..../, " ' /V.(A..kJi l,)~<.':t.,.. / ~ . i' Thomas Jefferson Study to Preserve and Assess the Regional Environment (TJSPARE) Prospectus February 28, 1991 Thomas Jefferson Planning District Commission 413 East Market Street, Suite 102 Charlottesville, VA 22901 (804) 972-1720 Nancy K O'Brien, Executive Director Hannah Twadell, Senior Planner Michael C. Collins, Environmental Planner TJSPARE: Executive Summary Plan for the Sustainable Management of Growth The Thomas Jefferson Study to Preserve and Assess the Regional Environment (TJSP ARE) is conducted under the auspices of the Thomas Jefferson Planning District Commission (TJPDC). The work will culminate in the production of a regional environmental plan which will recommend strategies for the sustainable management of growth within the Thomas Jefferson Planning District. A full discussion of the contents of the study is contained in the Prospectus. Intent of the Study The primary intent of the study is to provide local governments knowledge of the constraints which their natural and cultural resources place upon expected future populations as determined from existing land use. The study will also provide a model for the development of regional growth management plans based upon the carrying capacity of the region's resources. The study will address many of the concerns currently being discussed by the Virginia Commission on Population Growth and Development. Advisory Panel The TJSP ARE Advisory Panel has been formed to carry out the study. Its membership includes local planning commissioners and local government staff, faculty from Virginia universities, staff from local and regional conservation organizations and private citizens. Mission The purpose of TJSP ARE is to: . Identify regionally significant natural and cultural resources; . Characterize regionally significant natural and cultural resources; . Project consumption and preservation demands on natural and cultural resources under regional build-out scenarios; . Compare current availability of natural and cultural resources-vs.-future demand through carrying capacity analyses; . Provide information necessary for natural and cultural resource education and decision making to local governments and private citizens; . Produce land use strategies to protect and preserve regionally significant natural and cultural resources today for a sustainable tomorrow. Phases of the Study The project is divided into six phases. Whenever possible, phases of the study will be undertaken in a fashion which builds on the completion of previous phase(s). ......................................................................................................................................................................................................................................................................................... TJSPAREProspectlls TJPDC,413EastMarket a 2/28/91 Charlottesville, VA 22901 Phase I Resources to be evaluated, termed "data layers", will be selected. The following nine data layers have been preliminarily identified as those resources which will be modeled to determine the impact of build-out population growth in the region: . Surface Water Quality . Surface Water Quantity . Groundwater Quality . Groundwater Quantity . Significant Plant and Animal Habitats . Parks and Wilderness Areas . Historic and Archeologically Significant Lands . Air Quality . Significant Soils and Farmed Areas Subcommittees will complete a work plan for each of the data layers, identify funding sources and provide ongoing technical assistance for each portion of the study. Phase II Critical or sensitive areas for each of the data layers will be determined. Models will be developed to estimate amounts and concentrations of pollutants reaching the air, land and water as a function of changes in build-out populations. Phase III Existing landuse will be determined from local government maps, field inspection, aerial photography and satellite imagery. A regional build-out map will be constructed based on existing zoning and undeveloped platted lots. Once build-out populations have been calculated and displayed, associated demands and impacts on resources will be calculated and displayed. Phase IV Future resource demand will be compared to current resource availability. Future demand will vary due to changes in assumptions made about utilities extensions, percent of maximum build-out modeled, and changes in the development potential of zones based on anticipated changes in allowable density. Phases Vand VI Findings will be published and disseminated to local governments, interested organizations and individuals. Additional public participation will be sought through informational meetings and public hearings. The Thomas Jefferson Planning District, in association with each local government, will prepare regional and local land use strategies and options based on the results of the study and the direction provided by the jurisdictions. These will form the culmination of the study, the Regional Environmental Plan. b TJPDC, 413 East Market Charlottesville, VA 22901 TJSP ARE Prospectus 2128191 Table of Contents I. In trod u cti on............. ...... ....................... ........... ........ ...................................................................... ........... 1 II. His tory................ ....... ......... ................................. ............................ .............. ....... ...................... .............. 3 III. Th e Carrying Capacity Concept.................. ........................................................................................ 5 IV. Geographic Information System................... ......... .............. ..... .................... .............................. ....... 6 V. Project Phasing.... ..... ...... ...................... ........................... .......................................................... ......... .... 7 Phas e I: S tu dy Development ......................................................... ........................................................ 7 Phase II: Assessment ...... .... .............. ...................... ................................................................................ 7 Phase III: Existing Landuse and Regional Build-out......................................................................... 8 Phase IV: Human Demand vs. Resource Supply............................................................................... 8 Phase V: Information Dissemination....... .................. .......................................................................... 9 Phase VI: Preparation of the Regional Environmental Plan ........................................................... 9 VI. Scope 0 f Work...... ..... .......................... ............ ............... ........................................................... ............ 9 Phase I: Study Development ......... ............. ........ ................................................................................. 10 Ph as e II: Assessment ............................................................................................................................ 10 A. Surface Water ...... .......... ...... ......... ................................................................................................ 11 1 ) Critical Watersheds.... ...................................... ................................................................. ....... 11 2 ) Water Quantity ................... ............... ....................................................................................... 12 B. Groundwater... ......... ...... ............... ............................................... ................................................. 12 1 ) Pesticide Vulnerability .... ............ .............. ............ ............................... ................................... 12 2) Vulnerability to other Contamination Sources.................................................................... 13 3 ) Water Quantity .......................................................................................................... ............... 14 C. Significant Plant and Animal Habitats......................................................................................14 D. Parks and Wilderness Areas ......................................................................................................15 E. Historically and Archeologically Significant Lands ................................................................ 16 F. Air quality....... ....... .......... ............. ................................................................................................. 16 G. Significant Soils and Farmed Areas .......................................................................................... 17 Phase III: Existing Landuse and Regional Build-out .................................................................. 18 A. Exis ting landuse and build -out........ ........................................................................................... 19 B. Surface Water ....................................................................... ........ .............. ............ ..... ................. 19 C. Groundwater................ ................................................................................................................. 19 D. Significant Plant and Animal Habitats ..................................................................................... 20 ...TjSPAi~jj.p~:O~p~~l~~S.................................................................TjpjjC,..4ij'ji-;;stMd;k~t................................................................................................................i 2/28/91 Charlottesville, VA 22901 E. Parks and Wilderness Areas ......................................................................................... ..............20 F. Significant Soils and Farmed Areas........................................................................................... 20 Phase IV: Comparison of Future Resource Demand to Present Resource Availability............ 21 A. Surface Water Quality ................................................................................................................. 21 B. Surface Water Quantity.................. ..................................................... ...................... .......... ........ 21 C. Groundwater Quality..... .......... .......... .......................... ........................ ........................................ 21 D . Groundwater Quantity..... ................... ......................... ................ ............................................... 21 E. Significant Plant and Animal Habitats...................................................................................... 22 F. Parks and Wilderness Areas .......................................................................................................22 G. Historic and Archeologically Significant Lands ...................................................................... 22 H. Air Quality.............. ............. .................. ....... ......................... ....................................................... 22 I. Significant Soils and Farmed Areas ................................................................................... .........22 Phase V: Information Dissemination...... .............. .................. ................. ....................... ............ ....... 23 Phase VI: Preparation of the Regional Environmental Plan .........................................................23 VII. S tm cture to Accomp lish Study... ....... ................................... ................ ................................... ........ 24 VIII. S tu dy Timeline ............................... ..................... ......... ..... ........................................................ ....... 25 IX. Value of Study of Data Layers to Localities after Completion.................................................... 26 ......................................................................................................................................................................................................................................................................................... ii TJPDC, 413 East Market TJSPAREProspectus Charlottesville, VA 22901 2/28/91 I.INTRODUCfION In July of 1990, the Thomas Jefferson Planning District Commission included in its Fiscal Year 1991 Work Program the establishment of a regional environmental program. This prospectus outlines a program which will culminate in the production of a regional environmental plan. The plan will recommend strategies for the sustainable management of growth within the Thomas Jefferson Planning District. The title of this study is the Thomas Jefferson Study to Preserve and Assess the Regional Environment (TJSP ARE). The primary intent of this study is to provide local governments knowledge of the constraints which their natural and cultural resources (hereafter referred to as resources) place upon expected future populations as determined from existing landuse. The study will also provide a model design for the development of regional growth management plans based upon the carrying capacity of this region's resources. The study will model the build-out population of the region. The capability of the air, land and water to support this population will then be determined. Armed with information on resource capability, localities and the state will be able to anticipate regional population limitations and to plan accordingly to either manage growth and/or natural resources to avoid demand in excess of supply. The study will determine the capability of nine data layers to accommodate population growth in the Planning District. Each of these layers will be overlaid on a primary build-out layer of the region as determined from existing landuse: . Surface Water Quality . Surface Water Quantity . Groundwater Quality . Groundwater Quantity . Significant Plant and Animal Habitats . Parks and Wilderness Areas . Historically and Archeologically Significant Lands . Air Quality . Significant Soils and Farmed Areas Build-out methodology has been developed from a demonstration project completed in the fall of 1990 in Greene County, Virginia (TJPDC, Greene County Land use and Build-out Analysis, 1990). The importance of these resources has long been recognized by local governments and organizations such as the League of Women Voters, the Piedmont Environmental Council, the Sierra Club and the Citizens for Albemarle. Recently, on the state level, the Commission on Population Growth and Development has been convened to consider the impact of growth on the environment. ......................................................................................................................................................................................................................................................................................... TJSPARE Prospectus 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 1 This study will address many of the concerns of the Commission. In the study, resources will be identified along with regulatory and non-regulatory programs to protect them. The financing of these programs along with the appropriate level of government to implement them will also be considered. The study will include pilot projects to build each data layer which will implement many of the findings of the Commission. These projects will show how preservation of the environment can occur through regional cooperation. They will also show the specific impacts of growth on resource based industries in the region. Whenever possible, methodology developed will utilize existing data sources. Many of the data layers can be constructed from information available on existing maps and in reseach publications. Tax parcels for the district presently available on county tax maps will be digitized. The digitizing process is expected to be cost effective since exact locations and acreage is not required for regional and local environmental planning. Volunteers will be used extensively on projects in which they have interest. High school, college and adult conservation groups will be relied upon for providing labor for some tasks. Training and supervision will provide an assurance of quality data input. In this way, not only will the needs of the study be met, but the public will gain a valuable education on the benefits of planned growth in the Commonwealth. The study is designed to be simple. The focus of the evaluation of each data layer will be on the delineation of sensitive or vulnerable areas. Consequently, more complex and data intensive models required for site specific prediction of amounts, concentrations and precise locations of the the resource under consideration will not be required. The study will also stand scrutiny from the public and private sector. Although area assessments for potential areas will be the focus of most of the data layers, these areas will be tied to tax parcels through the overlay capability of a Geographic Information System (GIS). This will enable data produced in the study to be utilized in most county level planning processes. Finally, the study will contain methodology which will be adaptable for export to other areas of the state. If the study is to serve as a demonstration project of the Commission on Population Growth and Development, it should be as useful in Arlington County as in Nelson County. ...............................................................................................................u........................................................................................................................................................................ 2 TJPDC, 413 East Market TJSPARE Prospectus Charlottesville, VA 22901 2128191 II. mSTORY The formation of the TJSP ARE Advisory Panel has been facilitated by the Thomas Jefferson . Planning District. The Panel has held three meetings in recent months to discuss regional environmental issues in the City of Charlottesville, and in Greene, Albemarle, Nelson, Louisa and Fluvanna Counties. The Panel members as of February, 1991 are listed below: Dr. Tim Beatley Mr. Steven Bliley Mr. Pete Bradshaw Mr. James Butler Ms. Sherry Buttrick Ms. Gwyn Caouette Mr. Blake Caravati Mr. Doug Coleman Dr. Keith Echleman Mr. Bill Gladden Mr. Everett R. Haney, Jr. Mr. John Hermsmeier Mr. James Klein Dr. Jack Marshall Mr. Geoff Pitts Mr. William Porter Dr. John Randolph Mr. Peyton Robertson Ms. Annie Quattlebaum Mr. Sandy Rives Ms. Eleanor Santic Mr. John Scrivani Dr. V.O. Shanholtz Dr. Hank Shugart Mr. Eben Smith Ms. Vivian Thomson Mr. David Tice Mr . Wayne Wampler Mr. Gordon Yaeger Professor of Environmental Planning, UV a. Subdivision Ordinance Committee, Nelson County Environmental Planner, McKee/Carson Culpeper Soil and Water Conservation District Piedmont Environmental Council Nelson County Litter Committee Charlottesville Planning Commission Conservationist, Wintergreen Assistant Professor, Environmental Science Department, UVa. Tidewater Manager, The Nature Conservancy Fanner, Greene County Tandem Center for the Environment Professor of Landscape Architecture, UVa. President, Citizens for Albemarle President, Ace Contracting Louisa County Administrator Center for Coal and Energy Research, Virginia Tech Watershed Manager, Albemarle County Chair, Solid Waste Committee, Nelson County Sierra Club Shenandoah National Park Natural Resources Committee, League of Women Voters Virginia Department of Forestry Information Support Systems Lab, Virginia Tech Chairman, Environmental Science Department, UVa.Citizens for Albemarle Citizens for Albemarle Director, Earth 2020 President, North American Resource Management ASCS, Fluvanna County SCS, Albemarle County The Panel should be considered a technical committee staffed by the Planning District. In addition to staff, Ms. Shannon Spencer, a graduate student in the Department of Urban and Environmental Planning will assist the Panel through an independent study to begin in the spring of 1991. Funding proposals for each of the data layers are being submitted to appropriate funding sources as opportunities occur. Cooperative efforts with Va. Tech, the University of Virginia, the Virginia Department of Forestry, the Virginia Division of Soil and Water Conservation, the Virginia TJSP ARE Prospectus 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 3 Remote Sensing Lab, the Information Support Systems Lab, Council on the Environment, other state agencies and planning districts are being explored. The panel has approved the mission statement below. The purpose of TJSP ARE is to: 1) Identify regionally significant natural resources; 2) Characterize regionally significant natural resources; 3) Project consumption and preservation demands on natural resources under regional build-out scenanos; 4) Compare current availability of natural resources - vs.- future demand through carrying capacity analyses; 5) Provide information necessary for natural resource conservation education and decision making to local governments and private citizens; 6) Produce landuse strategies to protect and preserve regionally significant natural resources today for a sustainable tomorrow. ...;;............................................................................................................Tjpj5c,.4ij'E;StM~~k~t....................................................................TjSPAiiji'P;~;pe~~; Charlottesville, VA 22901 2128191 ill. THE CARRYING CAPACITY CONCEPT The charge to comprehensive planners has traditionally been to look into the short-term future, determine needs and assets, and then to alter or reinforce current land use strategies depending on the need for change. Due to predictive data limitations, twenty years into the future is as far as most plans are developed. The concept of carrying capacity is based on the notion that land use classification densities are generally permanent, or will remain certainly longer than twenty years. (Although reduction in densities or downzoning occasionally occurs, the tendency is to do the opposite or increase density, commonly called upzoning. Thus, the use of existing land use to calculate build-out should yield conservative estimates). Since areas eventually build-out, or fully develop to the limits of present zoning capacity and subdivided land, it is useful to examine the natural resource demands of the potential population allowed under present day land uses. Using carrying capacity methodology, the resource demands would be compared to the resource capabilities of the area in which the population is based. Then, critical population thresholds could be identified beyond which continuation of growth or development at greater densities would initiate the deterioration of important natural resources such as air, water and land. Adoption of carrying capacity methodology to ascertain long-term needs of a region--those resources necessary for consumption and preservation at build-out--could be used today as proof of the need to set aside certain quantities and qualities of natural resources for the future. TJSPARE Prospectlls 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 5 IV. GEOGRAPIDC INFORMATION SYSTEM Critical to the success of the project is the acquisition of a Geographic Information System (GIS). A GIS will be critical for data storage and manipulation. Support from the Information Support Systems Lab (ISSL) and the Virginia Council on the Environment will be sought for GIS development to create a user friendly system with adequate data to be used immediately in the study. The study will be built on the United States Geologic Survey (USGS) quadrangle 1" = 24,000" maps. This scale provides adequate detail for the accurate delineation of critical areas. It is also of a large enough scale to not exceed the resolution of other data sources. Mapping of tax parcels in the District will require a computer which can readily retreive a great deal of data. The Planning District currently has no GIS capability. The following hardware will be the minimum necessary to undertake the study: . Intel 80386 microprocessor at 33 Mhz or workstation . Intel 80387-20 math coprocessor . 320 Mh. hard disk . four Mh. RAM . VGA 16 graphics adapter, capable of 256 color, 1020 X 780 resolution . 19 inch monitor . 10 Mh. Bernoulli Box II with ten 20 Mh. 5 1/4 removable cartridges . Mouse Through cooperative efforts still under investigation, the use of a digitizer, digitizing software and a plotter will be sought until funds to purchase these peripherals can be located The system chosen will need to be able to manage, manipulate and display thematic maps for the nine data layers as well as do the following: . Overlay sensitive areas on regional tax parcel map . Retreive and manipulate 50 to 100,000 tax parcels in the region quickly . Tag and calculate acreage of overlapped areas . Interface with hydrologic models . Scenario test to determine the impact of different build-out scenarios on natural and cultural resources .........................................................................u.............................................................................................................................................................................................................. 6 TJPDC, 413 East Market TJSPARE Prospectus Charlottesville, VA 22901 2/28/91 v. PROJECT PHASING GENERAL The project is divided into six phases. Whenever possible, each of the phases of the study will be undertaken in a fashion which builds on the completion of previous phase( s). The completion of each data layer will depend on funding cycles. These cycles may not always coincide with the project timetable. Each of the data layers in phases II through V will be completed to produce a regional environmental plan which will include a comprehensive assessment of the carrying capacity of the region. PHASE I: STUDYDEVEWPMENT Resources to be evaluated, or "data layers", have been chosen from a priorities survey of environmental and cultural topics generated by the Advisory Panel and sent out to 85 Chief Administrative Officers, Planning Commissioners and elected officials in the region. Subcommittees are now being established for each of the data layers. Each subcommittee will establish a work plan for the completion of the data layer for which it is responsible. PHASE II: ASSESSMENT Critical or sensitive areas for each of the data layers examined in the study will be determined. Through screening techniques such as pesticide vulnerability mapping, watershed vulnerability mapping, DRASTIC and habitat potential mapping, the size of the areas modeled for build-out impact will be kept to a manageable size. These critical areas will then be modeled to determine actual impact on the environment. The GIS will allow the impact of various build-out scenarios on each of the data layers within these critical areas to be evaluated. In this phase, appropriate hardware and software for non-parcel based natural resource planning and modeling will be developed. Technology employed in this project is intended to serve as a model primarily for regional planning. From this study, a greater understanding of an appropriate role for GIS in existing and future policies and programs of Virginia's 22 Planning District Commissions will be gained. Recent pollution models from the Information Support Systems Lab at Virginia Tech, The University of Virginia Environmental Science Department and other sources, will be identified and form an essential component of this phase. Model use and development will focus on two strategies: 1) Delineation of environmentally vulnerable or sensitive areas. 2) Prediction of amount and concentrations of pollutants reaching the air, land and water at current development levels. TJSPARE Prospectus 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 7 PHASE III: EXISTING lANDUSE, REGIONAL BUILD-OUT AND FUTURE RESOURCE DEMAND Existing land use will be determined from local government maps, field inspection, aerial photography, satellite imagery or some combination thereof. Aerial and satellite data collected will be utilized in as many data layers as possible. In addition to land use, a regional build-out map will be constructed based on existing zoning and undeveloped platted lots. The build-out analysis will be used to predict total future resource demand and to identify areas where development activity overlaps critical resources. Once build-out populations have been calculated and displayed, associated demands and impacts on resources will be calculated and displayed. Per capita or per area demand ratios will be established. Estimates of future resource demand will hinge on the ability to define "quality of life". Having a good "quality of life" has traditionally described areas that have a fit or pleasing human environment. In 1974, the Montgomery County, Maryland Planning Board cited six parameters assiciated with growth which directly affect quality of life: people, jobs, shelter, community transport and nature. To carry out this study, it will be necessary to quantify this nature component. For example, how much open space does each person need in this region? How much park land? Some of these questions have been considered previously by other localities in the nation and through university research. Consideration of appropriate per capita resource levels in this region will, in addition to research, require a community forum. Such a forum would provide an appropriate setting to debate the per capita resource needs of this region. To consider these questions and assist in the production of a regional build-out map, the University of Virginia Department of Urban and Environmental Planning has given preliminary approval to supplement the efforts of this phase with a Planning Application Course (PLAC) to be taught in fall of 1991. In this course, students could delineate existing landuse boundaries and types for counties in the region by grouping landuse categories accurately according to tax map boundaries. To this will be added subdivided, undeveloped lots and vacant zones, or areas where development has not reached allowable densities. Students may also assist in researching policy questions associated with the study. PHASE IV: FUTURE RESOURCE DEMAND VS. PRESENT RESOURCE SUPPLY Once existing landuse for the region has been determined, maximum population of the region as determined through build-out has been ascertained and total demand for each resource has been calculated, the GIS can be used to compare current resource availability to estimated future demand. Future demand can be varied due to changes in assumptions made about utilities extensions, percent of maximum build-out modeled, and changes in the development potential of zones based on anticipated changes in allowable density. Changes in these variables could produce a wide range of resource surplus and deficit scenarios. The methodology developed in Phase III and IV to determine future resource demand in comparison to present resource availability will provide a design for a program to protect Virginia's environment for future generations. ......................................................................................................................................................................................................................................................................................... 8 TIPDC, 413 East Market Charlottesville, VA 22901 TISP ARE Prospectus 2/28/91 PHASE V: INFORMATION DISSEMINATION Findings will be published and disseminated to local governments, interested organizations and individuals. Workshops with each local government will be held to explain the implications of the study findings and to seek guidance from the locality for use in Phase VI. PHASE VI: PREPARATION OF THE REGIONAL ENVIRONMENTAL PLAN The Thomas Jefferson Planning District staff, in association with each local government, will prepare regional and local land use strategies and options based on the results of the study and the direction provided by the jurisdictions. These strategies, in addition to technical reports on the findings of the study, will be incorporated into the culmination of the study, the Regional Environmental Plan. TISP ARE Prospectus 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 9 VI. SCOPE OF WORK PHASE I: STUDY DEVELOPMENT General: The scope of the study will be determined. The scope is dependent on the extent of participation from residents of the region and funding. Period of Work: 1/91-9/91 Goals: 1) Panel adopts generalized work program. 2) Form data layer subcommittees. 3) Subcommittees initiate study of data layer methodology. 4) Subcommittees investigate funding. Strategies: 1) Request each locality to appoint one representative to the Panel (in addition to agency and organization representative and interested citizens who participated in earlier meetings). 2) Elect a chairperson. 3) Review project description; amend and approve. 4) Finalize list of resources to be evaluated. 5) Hold individual and joint subcommittee meetings as well as bimonthly panel meetings to discuss ideas and information gathered. 6) Investigate funding from Clean Water Act sections 2050), 319, 319(i), 604, private foundations and localities. 7) Acquire a Geographic Information System. ...io..........................................................................................................fipjj'c,'.'4iTEastMw-ket....................................................................fisPARE.P;ospectus Charlottesville, VA 22901 2/28/91 PHASE II: ASSESSMENT General: Methods to delineate critical or vulnerable areas will be developed as the first step in the evaluation of each of the data layers. For some of the data layers, additional procedures will be developed to quantify the impact of future population growth on the environment. Pel10d of Work: 9/91-9/93 Goals: 1) Assessment subcommittees will assist staff with the research of projects required to characterize each resource. 2) Subcommittees and staff meet with experts in each resource area to develop detailed work plan. 3) Submit proposals to funding organizations. 4) Delineate critical or vulnerable areas. 5) For selected data layers, develop models to quantify impact on the environment at build-out. A) Surface Water 1) Critical Watersheds General: The impact of build-out on streams and rivers in the region will vary depending on the nonpoint source pollution potential of each watershed. In early 1991, a proposal to identify critical watersheds in the region will be submitted to the Division of Soil and Water Conservation for EP A Section 319 funds. Once the critical watersheds have been identified, a later project to model the impact of build-out on the surface water quality of selected streams and rivers in the region will be undertaken. To accomplish this, a model capable of predicting changes in nonpoint source pollution with changes in landuse will be developed. Once the nonpoint discharges can be modeled, additional efforts will be required to predict the impact on water quality. The Information Support Systems Lab, the University of Virginia, the Virginia Water Control Board and Planning District staff may cooperate on the project. Strategies: 1) Determine boundaries of study, i.e. should areas outside the planning district political boundaries be included if they are within the watershed? 2) Identify critical watersheds to nonpoint source pollution in a GIS environment. ......................................................................................................................................................................................................................................................................................... TJSPARE Prospectus TIPDC, 413 East Market 11 2/28/91 Charlottesville, VA 22901 3) Calibrate a distributive parameter nitrate and other loading model for the critical watersheds using existing landuse. 4) Identify point source pollution sources. 5) Calibrate a model to determine water quality impact with existing landuse. 2) Water Quantity General: The Virginia Water Control Board has already identified water quality deficits and surpluses in its Water Supply Plans for the state. However, the reports project water demand to the year 2030, not to build-out. Using data available from the Rappahannock, York and James water supply plans and working with the Rapidan Service Authority and the Rivanna Water and Sewer Authority, an estimate of surface water availability at build-out can be estimated. The impact of recommended minimum in-stream flows as determined through the Tennant, Fish and Wildlife Service or other method will be modeled when considering future surface water availability. The VWCB will be consulted to determine how minimum in-stream flow should be considered. The VWCB, Virginia Tech Department of Fisheries and Planning District Staff are some of the agencies which might cooperate on this project. Strategies: 1) Locate current and potential surface water withdrawal sites. 2) Develop methodology for considering impact of minimum in-stream flow on safe yield. 3) Develop methodology to link existing landuse to surface water demand in a GIS environment. B) Groundwater 1) Pesticide Vulnerability General: In December of 1990, the Planning District in cooperation with Virginia Tech submitted a pilot proposal to determine sensitive areas to particular groups of pesticides in Albemarle and Fluvanna Counties. The project will last one year in duration and will produce maps delineating vulnerable areas in addition to Pesticide Management Plans for the two counties. Many of the necessary data layers already available at the Information Support Systems Lab (ISSL) will be utilized in the project. ...1i.'............,",..........."...,......,................................................................fipDC,.'4i3"EastMa;ket....................................................................fisPARE.P;ospecfus Charlottesville, VA 22901 2/28/91 Once vulnerable areas to pesticides are determined, further funding will be considered to develop a model linking landuse to pesticide infiltration into groundwater and impact on groundwater quality within the critical areas. The Information Support Systems Lab, Va. Tech Department of Agricultural Engineering and Planning District staff are the cooperating agencies on the project. Strategies: 1) Submit proposal to VWCB (see Attachment I) 2) Complete project 3) Apply for additional funds to repeat the procedure in the remaining three counties. 4) Delineate areas for entire region in a GIS environment. 2) Vulnerability to Other Contamination Sources General: By September of 1991, pollution potential maps (DRASTIC) of Greene, Louisa and Nelson counties will be completed. DRASTIC is a methodology which permits the groundwater pollution potential of hydrogeologic settings in the United States to be evaluated. These maps have been used in states other than Virginia to identify aquifers vulnerable to septic systems, underground storage tanks, solid waste facilities and animal feedlot lagoons. Once groundwater critical areas are determined, development of models to predict the impact of build-out on groundwater quality within the vulnerable areas may be undertaken. Future work in this area may involve planning district staff, Va. Tech, the Virginia Water Control Board (VWCB) and other ~ncies. Strategies: 1) Meet with VWCB to determine interest in performing general groundwater pollution potential screening assessments in Albemarle and Fluvanna Counties. 2) Research assessments other than DRASTIC. 3) Apply for funding. 4) Determine vulnerable areas in a GIS environment. TJSP ARE Prospectus 2/28/91 TIPDC, 413 East Market Charlottesville, VA 22901 13 3) Water Quantity General: Groundwater constitutes 67.1 % of all water used in the Planning District in 1980. Through use of vulnerability models such as DRASTIC and testing programs used by the Farm Bureau and the Virginia Cooperative Extension Service, an increased understanding of groundwater quality will be gained. However, little is known about the quantity of groundwater in the Piedmont. Although yields are typically low in the Blue Ridge and Piedmont physiographic provinces, it has traditionally been thought that adequate groundwater for low density development is available. In this study, the amount of sustainable groundwater available for domestic consumption will be determined through an appropriate methodology. Understanding the geologic structure of the bedrock of the Piedmont through the observation of lineaments, or linear features on the surface of the earth, is a key element controlling the availability of groundwater. The Division of Mineral Resources has knowledgeable personnel to conduct lineament mapping exercises, however, the full utility of this technique would have to be evaluated in a pilot project. If confidence in the predictive powers of the procedure can be gained, a complete regional project could be undertaken. The University of Virginia, Division of Mineral Resources, Virginia Water Control Board, United States Geologic Survey (USGS) and Planning District staff are agencies who may contribute to the project. Strategies: 1) Consult with the Loudoun County Department of Natural Resources and the USGS for research help. 2) Develop proposal with interested agency or organization. 3) Determine total water availability. 4) Using lineament or other predictive tool, work with the Division of Mineral Resources and the Virginia Water Control Board to develop a pilot project to predict the highest yielding groundwater areas in the region in a GIS environment. C) Significant Plant and Animal Habitats General~ The Panel will define "significant habitat" for this region. For example, rare or endangered plant and animal species might be considered a resource of regional significance. Similarly, old growth forests, large contiguous areas of open space, unfragmented habitats, or areas never under the plow could also be considered to have regional value although not currently designated by a conservation organization. ..']"4.'....."'....."'...'...'."..'..'.......................................................................fipDC..'4T.iEast'jiw-ket....................................................................fisPARE.P;ospectus Charlottesville, VA 22901 2/28/91 Through already available information on topography, wetlands, soils, geology, aspect and aerial or satellite landuse and land cover data, combined with the spatial and non-spatial capabilities of a GIS, significant habitats will be delineated; With help from the Heritage program, the Game Department, herbariums and knowledgeable persons in the area and state, potential habitats for rare plants and animals could be identified. Once potential areas have been identified, the Panel could work with localities to conduct field investigations into potential areas. The Virginia Department of Forestry, the National Park Service, the Extension Service, the Nature Conservancy, The University Department of Landscape Architecture, the Tandem Center for the Environment, Citizens for Albemarle, local volunteers and planning district staff are some of the agencies and organizations who may have interest in the project. Strategies: 1) Define significant habitat. 2) Collect data layers. 3) Consult knowledgeable persons and agencies. 4) Identify potential habitat areas in a GIS environment. D) Parks and Wilderness Areas General: It is unknown which areas around the periphery of the Shenandoah National Park have an impact on the resource values the Shenandoah National Park was created to protect. Realizing this, the Isaac Walton League, in conjunction with the University of Virginia Department of Landscape Architecture has proposed to undertake a related lands study. The study would identify critical habitats and landuses threatening park resources. Once these critical areas were identified, the park officials could work with local governments to develop strategies to protect these resources. Although the proposal was not funded, the Park is still continuing to pursue funding for the project. Some of the data layers which will be developed as a portion of this study could provide valuable data for the Park's initiative. If a revised portion of the Related Lands Initiative were to be undertaken as a portion of TJSP ARE, other data layers from the study could be used to keep the costs of the project to a minimum. The landuse and habitat data layers developed for other TJSP ARE resources would be particularly valuable. Other parks and wilderness areas will be inventoried and digitized. The adequacy of these resources at build-out will be determined in Phase IV. ......................................................................................................................................................................................................................................................................................... TlSPARE Prospectus TIPDC, 413 East Market 15 2/28/91 Charlottesville, VA 22901 The University of Virginia Department of Landscape Architecture, National Park Service, National Parks Conservation Association, Isaac Walton League and Planning District staff are some of the agencies and organizations who might cooperate on the project. Strategies: 1) Meet with National Park Service staff to determine the needs of their study. 2) Consult with the Landscape Architecture Department at the University of Virginia to determine how the goals of the regional study could support the related lands initiative. 3) If appropriate, a proposal should be submitted by the planning district and the Shenandoah National Park to provide data for the related lands initiative. E) Historic andArcheologically Significant Lands General: Research on the locations of large family owned farms, civil war battlefields and encampments, historic structures and archeology sites throughout the region will be conducted. Criteria for designation as regionally significant lands and structures will be determined. The University of Virginia School of Architecture, the Virginia Department of Historic Resources, the Tandem Center for the Environment and Planning District staff are some of the agencies and organizations who may cooperate on the project. Strategies: 1) Consult with the Virginia Department of Historic Resources, the Preservation Alliance of Virginia and other agencies to determine methodology and research funding sources. 2) Survey the region for historic properties and structures. 3) Where appropriate, determine areas adjacent to properties necessary for preservation of viewscape. F) Air Quality General: There is some evidence that ozone concentrations are increasing in the Blue Ridge Mountains. These increased concentrations may be having a detrimental effect on Blue Ridge Mountain habitats. There has also been a recent increase in proposals to construct cogeneration plants East of the Blue Ridge Mountains. The potential impact of these plants on Blue Ridge Mountain habitats is presently under debate. 16 TIPDC, 413 East Market Charlottesville, VA 22901 TISP ARE Prospectus 2/28/91 The completion of this data layer would provide a link between existing landuse and population and air quality in the park. The Planning District, perhaps in cooperation with Earth 2020, the state climatology lab at the University of Virginia and corporate sponsors in the region could work jointly on this project. Strategies: 1) Research the topic. 2) Proceed with funding request if appropriate. 3) Link air quality in the Blue Ridge Mountains to Piedmont land use in a GIS environment. G) Significant Soils and Farmed Areas General: An assessment of significant soils and farmed areas will be conducted. The Land Evaluation and Site Assessment (LESA) or comparable methodology will be used. Strategies: 1) Define significant soils and farmed areas. 2) Identify and calculate the total acreage in the region using a methodology such as LESA TISP ARE Prospectus 2/28/91 TJPDC, 413 East Market Charlottesville, VA 22901 17 PHASE III: EXISTING LANDUSE, REGIONAL BUILD-OUT AND FUTURE RESOURCE DEMAND General: The linchpin of the study will be the delineation of existing land uses and the determination of build-out populations for the region. To accomplish this, the 53,650 tax parcels in four counties of the District (excluding Charlottesville and Albemarle County which is proceeding with E-911 implementation) will be digitized by a subcontractor. Existing land use and build-out land use data layers will be constructed for the region at a scale of 1" = 24,000". The subcontractor will"fit" the tax maps to natural resouces as shown on the United States Geologic Survey (USGS) Quad Sheets. A pilot build-out project has been completed for Greene County using similar methodology. For counties in the region with traditionally less development pressure such as Nelson, the build-out projections will be easy to ascertain. However, in Louisa, Greene and Fluvanna Counties, the project will be time consuming due to greater development activity. A GIS will be utilized to store and manage the land use data. The subdivision and zoning boundaries for each county will be digitized by a subcontractor. Although the study could be conducted without tax parcel specificity, the ability to reference natural resorces to identifiable properties will be very benefical to localities. The determination of future resource demands will take place through calculations based on estimates of build-out populations. Future demands will vary with changes in build-out scenarios creating variability in future population projections. The impact and demand of build-out populations on surface water quality and quantity, groundwater quantity, significant plant and animal habitats and parks and wilderness areas and significant soils and farmed areas will be determined. Due to the difficulty of estimating per capita historic lands, air quality and groundwater quality demands, the future population impact on these resources will be primarily spatially determined. Planning district staff in conjunction with a subcontractor will perform the work. Period of work: 10/91-3/94 Goals: 1) Determine maximum future population levels based on existing landuse policies. 2) Estimate per capita resource needs. 3) Calculate total future resource needs and impacts for different build-out scenarios. 4) Present estimates to the Panel and local governments/others as needed by Assessment subcommittees .......................................................................................................................................................................................................................................................................................... 18 TIPDC, 413 East Market TISPARE Prospectus Charlottesville, VA 22901 2/28/91 A) Existing Landuse and Build-out Gene~ Existing land use coverages at a 1":24,000" scale will be constructed for each locality in the Planning District. In addition to residential, industrial and commercial land uses available from the local governments, forestry, crop and pasture will also be required. These overlays are available from the Department of Forestry, the Information Support Systems Lab at Virginia Tech and the Remote Sensing Lab at William and Mary. Tax maps will be fitted or stretched to conform to the regional landscape. The Information Support Systems Lab has quoted an estimate of $1.00 per parcel to digitize, adjust boundaries and fitting to the landforms. Planning District staff perhaps in conjunction with the University of Virginia Department of Urban and Environmental Planning and the Virginia Remote Sensing Lab will carry out the project. 1) Determine methodology for land use data entry into GIS. 2) Submit proposal to augment National Endowment for the Arts funding for satellite data if needed. 3) Digitize tax parcels. 4) Tag each parcel for land use and other data. 5) Fit parcels to USGS quad sheets. 6) Use the GIS to calculate acreages for vacant lands and platted, undeveloped lots. B) Surface Water 1) Estimate loadings for significant rivers and streams in Virginia for changes in landuse and build-out scenarios using above mentioned models. 2) Estimate water quantity for entire region at build-out, considering changes in storIIlwater discharge and minimum in-stream flow (MIF) requirements. 3) Estimate water quality for significant streams and rivers considering point source discharge quality, nonpoint source discharge quality and stormwater discharge volume and quality at build-out. 4) Estimate impact of changes in surface water quality on significant in-stream ecosystems, ecosystem dependent populations and recreational uses at build-out. C) Groundwater 1) Estimate groundwater quality at build-out. 2) Estimate groundwater demand at build-out. Include the impact of potential MIF requirements on the projection of future groundwater demand. TISP ARE Prospectus 2/28/91 TIPDC, 413 East Market Charlottesville, VA 22901 19 3) Determine the impact of potential MIF requirements on raw water demands for localities with changes in land use and build-out scenarios. D) Significant Plant andAnimal Habitats 1) Convene community forums to establish per capita or per area demand ratios. 2) Determine the demand for habitats at build-out. E) Parks and Wilderness Areas 1) Convene community forums to establish per capita or per area demand ratios. 2) Determine the demand for parks and wilderness areas at build-out. F) Significant Soils and Farmed Areas 1) Convene community forums to establish per capita or per area demad for farmland in this region. 2) Determine the demand for farmland at build-out.. 20 TIPDC, 413 East Market Charlottesville, VA 22901 TISP ARE Prospectus 2/28/91 PHASE IV: COMPARISON OF FUTURE RESOURCE DEMAND TO PRESENT RESOURCE AVAILABILITY General: The inventories of resources conducted in Phase II will be compared to future demands as calculated in Phase III. The future demand for surface water, groundwater, habitats and parks and wilderness areas will be compared to present supply. The spatial encroachment of build-out development on critical watersheds, vulnerable groundwater areas and historic and archeologically significant lands will be displayed. In addition, the impact of build-out populations on surfacewater quality, groundwater quality, Blue Ridge Mountain air quality and significant soils and farmed areas will also be examined. Period of Work: 1/1/92-3/1/94 Goals: 1) Utilize GIS spatial and non-spatial capabilities to compare future resource needs to current availability. 2) Utilize GIS spatial capabilities to overlay critical areas on build-out maps. 3) Utilize GIS spatial and non-spatial capabilities to estimate the impact of build-out populations on the quality of current resources. Strategies: A) Surface Water Quality 1) Overlay critical watershed data layer on build-out data layer. 2) Determine impact of build-out population on water quality in critical watersheds using water quality models. B) Swiace Water Quantity 1) Compare build-out surface water demands to current resource availability. C) Groundwater Quality 1) Overlay vulnerable groundwater areas on build-out data layer. 2) Determine impact of build-out population on water quality in vulnerable areas using water quality models. D) Groundwater Quantity 1) Compare build-out groundwater demands to available supply. .....................................................................................u................................................................................................................................................................................................... TISP ARE Prospectus TJPDC, 413 East Market 21 2/28/91 Charlottesville, VA 22901 E) Significant Plant and Animal Habitats 1) Compare build-out habitat demands to current supply. 2) Overlay potential habitats on build-out data layer to determine spatial impact. F) Parks and Wilderness Areas 1) Compare build-out park demands to current supply. 2) Overlay park and wilderness areas on build-out data layer to determine spatial impact. G) Historic andArcheologically Significant Lands 1) Overlay significant lands on build-out data layer to determine spatial impact. H) Air Quality 1) Determine impact of build-out populations on air quality in the Blue Ridge Mountains I) Significant Soils and Farmed Areas. 1) Overlay Significant Soils and Farmed Areas on build-out data layer to determine spatial impact. .'.22'.........,.....,..."...,................................................................................fipjj'c,.'4i'3"EastMw-ket....................................................................fisPARE'j;;.ospectus Charlottesville, VA 22901 2/28/91 PHASE V: INFORMATION DISSEMINATION Period of Work: 10/94-12/94 Goals: 1) Compile data into user friendly formats. 2) Disseminate maps and data to Local Governments, State and Regional Governments and private groups. PHASE VI: PREPARATION OF THE REGIONAL ENVIRONMENTAL PLAN Period ofWork.ZO/94 -12/94 Goals: 1) Formulate work plan for production of regional and/or locallanduse strategies prepared by planning cormnittee and approved by Panel. 2) The Planning Committee and the Thomas Jefferson Planning District will work with local governments to draft innovative programs to conserve identified natural resources. 3) Results will be presented to jurisdictions and others. Strategies: 1) Prepare composite data layers through GIS. 2) Determine resource surplus and deficit. 3) Recommend strategies to augment deficit resources in each locality. 4) Recommend strategies to conserve deficient resources. 5) Recommend strategies to conserve anticipated needed amount of surplus resources. 6) Recommend strategies to redistribute surplus among the region or into other ones. 7) Suggest regional future growth patterns based on available resource supply and projected future need. 8) Calculate sustainable maximum future population scenarios for each locality and the region. 9) Compare carrying capacity of this region to estimates of other regions. ....................................................................................................................................................................u................................................................................................................... TJSPARE Prospectus TJPDC, 413 East Market 23 2/28/91 Charlottesville, VA 22901 VI. STRUCfURE TO ACCOMPLISH STUDY The Advisory Panel will make recommendations to the Thomas Jefferson Planning District Commission based on the findings of the study. The panel consists of the Assessment Committee and the Planning Committee. ASSESSMENT COMMITTEE The assessment committee has been divided into eight subcommittees, each responsible for one of the data layers of the project. Each assessment subcommittee will be responsible for the planning, operation and evaluation of needed science oriented investigations and will work with the Planning District staff to develop proposals to fund their data layer. Each subcommittee will be activated by the Chair as funding opportunities to evaluate the data layer arise. TIle subcommittee will work with staff to develop proposals and guide the work once begun. Each subcommittee will seek to foster the cooperation of interested agencies to fund the acquisition of data in a format useful to the greatest number of groups possible. PLANNING COMMITTEE The planning committee work with each local government to prepare landuse strategies for the regional environmental plan. The Planning Committee will also be responsible for the planning, operation and evaluation of environmental and landuse planning projects. This committee will wrestle with some of the policy issues raised by the Commission on Population Growth and Development such as the financing of resource protection programs, means for cooperative resource conservation programs between jurisdictions and the appropriate role of state, regional and local governments in population growth and development strategies. LEAGUE OF WOMEN VOTERS The League of Women Voters acts a non-profit sponsor for various study phases and/or projects. The League has taken an active role in the development of the study. THOMAS JEFFERSON PLANNING DISTRICT The purpose of the Planning District is to staff each of the subcommittees and to assist the Chair in project coordination. The Planning District will also provide secretarial and administrative staff. In addition, the Planning District will act as a central repository for the storage and manipulation of documents and data. 24 TIPDC, 413 East Market Charlottesville, VA 22901 TISP ARE Prospectus 2/28/91 . VII. STUDY TIMELINE The timeline is intended to be a general guide only. The intervals shown below for each Phase will include the production of reports and maps for each of the data layers. Each data layer will be completed as funding is provided. QUARTERS '91 '92 '93 Phase I 123 Phase II 34 123 123 Phase III 34 1234 1234 Phase IV Phase V Phase VI '94 '95 1 23 4 1234 ... ........................................................................................................................................................................................................~............................................................................. TJSPARE Prospectlls TJPDC, 413 East Market 25 2/28/91 Charlottesville, VA 22901 lhnibuted to Board: ~ #' - ? / Agenda item No. COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 M E M 0 RAN DUM TO: Board of Supervisors R. ) Lettie E. Neher, Clerk1J1 . FROM: DATE: April 11, 1991 SUBJECT: Reading List for April 17, 1991 February 6, 1991 - Pages 12 - 23 (#8) - Mr. Bain February 20, 1991 - Pages 1 - 10 (#8) - Mr. Bain LEN:ec ~~ STATEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD F, R. (RICK) BOWIE~ CHAIRMAN ALBEMARLE COUNTY BOARD OF SUPERVISORS Good Morning Secretary Milliken and members of the Common- wealth Transportation Board. I am Rick Bowie~ Chairman of the Board of Supervisors of Albemarle County~ and I do want to thank the Board for your courtesy in allowing us a few brief comments. I know you have a full agenda and I will try to delay it as little as possible, As you know~ Albemarle County has requested a rehearing on the Board's decision concerning Route 29 North and the bypass around that portion of Route 29~ north of the City of Charlottesville. While there is a disagreement between our County Attorney and the Transportation Board's attorney as to whether we have a "right" to a rehearing~ we will~ of course~ accept the Attorney General's decision. We have not yet~ as of this date~ received an official notification~ but we assume you have. Our request for a rehearing was based on two factors: FirstJ we believe there never was a public hearing on the recommende(j solution. It is true that there was a Joint Transpor- tation Committee composed of members of the City CouncilJ the Board of Supervisors and the University of VirginiaJ which worked with the consultants during the entire period of the study, We wereJ howeverJ seeking information and holding dialogues on as many as a dozen different options. The Joint Transportation Committee never specifically addressed VDoT staff's recommended solution. AlsoJ while there were several public information hearings and one public hearingJ those making comments were addressing a myriad of options without being able to focus on anyone. While at Natural Bridge in OctoberJ 1990J you did grant both Mr. Lindstrom and myself the courtesy of briefly addressing the Transportation BoardJ our comments were received before the full disclosure of staff's recommendations. The second reason for our request expands somewhat on the first. We believe that there is an interpretation of data which - 2 - has never been presented to the Commonwealth Transportation Board, All information relating to Option 10 was summarized by VDoT staff and presented to the Board. I wish to assure this Board that we in no way are impugning anybody/s integrity or the validity of the summarizations. We simply feel that what happened is much akin to a prosecuting attorney interviewing all defense witnesses and then telling the court "I have interviewed the defense witnesses and will summarize their testimony for you~ therefore~ the court does not need to hear from the defense." Despite the integrity and high ideals of the prosecuting attorney~ the jury never receives the full picture or the opportunity to weigh opposition testimony themselves, In closing~ we realize that you have many varied and weighty decisions to make in an effort to maintain state-wide transportation systems and our problem is but one of these issues. We thank you again for this opportunity to address the - 3 - Board and continue to request that you grant us a rehearing so that we can present our side. Whatever your decision then~ we will at least know we were heard. Thank you very much. - 4 -