HomeMy WebLinkAbout1998-09-02L ..... I~ L ........... z:L
September 2, 1998 (Regular Day Meeting)
(Page 1)
000 88
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on September 2, 1998, at 9:00 A.M., Room 241, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman (arrived at 9:05 a.m.), Ms. Charlotte Y.
Humphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F.
Perkins and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:01 a.m., by the
Chairman, Mr. Marshall.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public.
Ms. Jennifer Gaden spoke regarding the Year 2000 problem with computers.
She knows that a great effort is being made to bring computers into compli-
ance, but is concerned about how the technological problem might affect her
daily life, and the lives of those around her. She asked if it can be assumed
that American technology will have everything under control so as to glide
into the year 2000 without a ripple. At this time, no one knows what will
happen. The problem is far too complex for anyone to fully understand.
Ms. Gaden said she believes there is a good chance there will be major
technological failures. Facing the unknown, what does the community do about
it? The possibility of major difficulties can be acknowledged and prepara-
tions made for them. She is in favor of preparations in two major categories.
First, there is education and information. 1) Inform the public that there
is a problem. 2) Inform ourselves as a community about how key industries
which all depend on computers are progressing toward compliance, and also how
groups tightly linked to them are progressing. Second, make arrangements for
the physical needs of the community on all levels, regional, municipal, etc.
Ms. Gaden said she would conclude by referring to a web site that
contains a series of articles about the Year 2000 problem (Y2k) . She sug-
gested that all Board members read the first article on the web site.
Mr. Marshall thanked Ms. Gaden for comin9 today. He said that he is
especially worried in his business, and also about banks and other economic
institutions because no one knows what is going to happen.
Mr. Perkins said he talked to Ms. Gaden on Monday and suggested that she
come to the Board and talk about this problem. He said the Board is now
getting a lot of information about this situation. There is an article in the
NACo News, and an article in VACo's publication, and most of the magazines the
Board receives have articles about this subject also. It is important that
the public know about this so they can prepare for it. He thanked Ms. Gaden
for coming, and said he hoped the news media would pick up on it.
Ms. Thomas said the woman who is in charge of this problem for the
entire Commonwealth was at the LGOC Conference and 9ave a sometimes humorous,
but mostly serious, presentation.
Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris,
seconded by Mr. Bowerman, to approve Items 5.2 through 5.9 on the Consent
Agenda, to accept Items 5.10 through 5.18 as information, and to remove Item
5.1 from the Consent Agenda. (Note: Conversation relatin9 to each item on the
consent agenda will be found with that item.)
Roll was called, and the motion carried by the following recorded vote:
September 2, 1998 (Regular Day Meeting)
(Page 2)
O00 .S4
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Item 5.1. Appropriation: EMS Recruitment and Retention Mini-Grant,
$4930.00 (Form #98012).
It was noted in the staff's report that the Virginia Department of
Health, Office of Emergency Medical Services, has approved a mini-grant to
provide funds to produce movie theater ads for recruitment purposes. The
mini-grant is funded by a $4930.00 Office of Emergency Medical Services grant,
and there is no local match required.
(Mr. Bowerman said he has a problem with the use of these funds even
though the dollars do not come from the County. He thinks it is wasted to do
it in a movie theater. He thinks the ads in movie theaters, personally and
from people he has talked with, are an irritation. If the money is available
for the County to use, he would suggest there are better venues to use other
than theaters. If they have to make a video for theater ads, he would rather
not take the money.
(Mr. Marshall asked about using a video on television. Mr. Martin said
he does not think it would hurt to show it in a movie theater. He said if
they can't change the venue, why discontinue the process. Mr. Bowerman said
he thinks it is a waste of money.
(Ms. Humphris said she had not thought of it that way, but she hopes
that whoever decided this was the method that could do this well, thought
about that before they made the decision. She wishes the Board knew more
about the project. She hopes it gets done because it is difficult to recruit
people. Mr. Bowerman said he agrees, but wonders why the venue is not just
public announcements on television. Why bring it to movie theaters? Mr.
Tucker said the County is just the fiscal agent for this money.
(Mr. Marshall said at the next directors meeting for the Board of
Health, this subject is to be discussed. He will bring up Mr. Bowerman's
concern. Mr. Bowerman said just because the money is there, he does non think
it should be used unless it will be effective.)
Item 5.2. Appropriation: Traffic Safety Grant, $3253.45 (Form #98013).
It was noted in the staff's report that the Board and the Virginia
Department of Motor Vehicles approved a Federal grant in 1997-98 to fund
traffic enforcement overtime. The grant was approved for the period October
1, 1997, through September 30, 1998. This appropriation requests expenditure
for the period July 1, 1998, through September 30, 1998. The local match was
provided in the 1997-98 fiscal year. There is no local match for 1998-99.
The remaining Federal portion of the grant is $3253.45.
By the recorded vote set out above, the following resolution of
appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1998-99
NUMBER: 98013
FUND: GRANT
PURPOSE OF APPROPRIATION: DMV TRAFFIC SAFETY GP3~NT
EXPENDITURE
COST CTR/CATEGORY
1 1535 31145 120000
1 1535 31145 210000
DESCRIPTION A~4OUNT
WAGES-O/T $3,022.25
FICA 231.20
TOTAL $3,253.45
REVENIJE
2 1535 33000 330001
DESCRIPTION AMOUNT
FEDERAL GRANT $3,253.45
TOTAL $3,253.45
Item 5.3. Appropriation: Community-Oriented Policing Services (COPS)
Grant, $12,547.99 (Form #98014).
September 2, 1998 (Regular Day Meeting)
(Page 3)
000 ., 5
It was noted in the staff's report that the COPS MORE 95 grant and two
supplements were approved for a three-year period beginning December 1, 1995,
and ending November 30, 1998. This appropriation requests approval to expend
remaining funds for the balance of the grant period. The U.S. Department of
Justice grant has $12,547.99 remaining. The local match has been approved and
transferred in prior years. There is no additional local match required for
the remaining period.
By the recorded vote set out above, the following resolution of
appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 19.98-99
NUMBER: 98014
FUND: GRANT
PURPOSE OF APPROPRIATION: BALANCE OF COPS 95 GRANT
EXPENDITURE
COST CTR/CATEGORY
1 1521 31010 120000
1 1521 31010 210000
DESCRIPTION AMOUNT
WAGES-O/T $11,656.29
FICA 891.70
TOTAL $12,547.99
REVENUE
2 1521 33000 330001
DESCRIPTION AMOUNT
FEDERAL GRANT $12,547.99
TOTAL $12,547.99
Item 5.4. Appropriation: Comprehensive Community Corrections Act
Grant, $435,148.00 (Form #98015).
It was noted in the staff's report that the County serves as fiscal
agent for the Jefferson Area Community Criminal Justice Board (CCJB). In that
capacity, the County receives and appropriates funds awarded to the CCJB by
the Department of Criminal Justice Services (DCJS). The CoUnty contracts with
community agencies to provide the services stipulated in the grant. For FY
1998-99, DCJS awarded $435,148.00 to the CCJB to be allocated as follows:
Offender Aid and Restoration for pretrial and community
corrections services at the Albemarle-Charlottesville
Regional Jail and community corrections services for
the Central Virginia Regional Jail $319,196.00
Central Virginia Regional Jail for pretrial services 33,066.00
Region Ten Community Services Board for substance
abuse services provided at The Mohr Center
80,886.00
Community Criminal Justice Board for office expenses 2,000.00
By the recorded vote set out above, the following resolution of
appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1998-99
NI3MBER: 98015
FUND: GRANT
PURPOSE OF APPROPRIATION: COMPREHENSIVE COMMUNITY CORRECTIONS
GRANT 99-6348
EXPENDITURE
COST CTR/CATEGORY
1 1520 29406 566120
1 1520 29406 566140
1 1520 29406 566150
1 1520 29406 562500
DESCRIPTION
OAR
CENTRAL VIRGINIA JAIL
REGION TEN
TJ PLANNING DISTRICT
TOTAL
AMOUNT
$319,196.00
33,066.00
80,886.00
2,000.00
$435,148.00
REVENUE
2 1520 24000 240440
DESCRIPTION
COMP COMM CORRECTIONS GRANT
TOTAL
AMOUNT
$435,148.00
$435,148.00
September 2, 1998 (Regular Day Meeting)
(Page 4)
000 6
Item 5.5. Appropriation: Family Support Program, $654,368.00 (Form
#98021).
It was noted in the staff's report that at the June 17, 1998, Board
meeting, staff presented information on a proposed pilot program in the
Department of Social Services entitled the "Family Support Program." This
program will expand family support services to the schools that have Bright
Stars programs in order to provide on-going services to the families and
children as they progress from kindergarten through the fifth grade. Family
support services will also be provided to the general at-risk population in
the other eleven elementary schools. Under Title IV-E of the Social Security
Act, Federal Financial Participation (FFP) funds will be used at a 50 percent
matching rate for the purpose of foster care prevention.
The proposed budget for the Family Support Program is $654,368.00 to be
matched by local and State funds already being used in other County prevention
services, i.e. Bright Stars, $320,146.00; Growing Healthy Families,
$118,659.00; CSA, $175,000.00; current DSS family support worker, $40,563.00.
The Federal funds will be used to hire a Family Support Coordinator and an
Office Associate to administer the Family Support Program as well as the
Bright Stars program. Nine family support workers will be hired to work in
the elementary schools in addition to adding .6 FTE hours to the Bright Stars
Team Leaders (the family support worker for the four Bright Stars programs) to
bring them up to fulltime.
Additional operating expenses include telephone service, mileage
expenses, postage, office supplies, etc. Capital equipment expenses are
mainly for lap-top computers since Family Support Workers will not have an
official office, but will work primarily out of their homes. The elementary
schools will also provide varying degrees of office space depending on space
availability at the individual schools to which they are assigned. There are
no local funds required for this appropriation.
(Ms. Thomas said she has talked with someone in the School System who
wanted to say how much Ms. Roxanne White had worked on getting these funds.
Mr. Bowerman said he agrees this is a good use of the money. He was not
present on June 17 so does not know if the Board discussed a Board evaluation
of the program at six-month intervals. The program has a lot of money, and a
lot is for salaries for people working out of their homes. He would like for
the Board to have a periodic review of the results. Mr. Tucker said staff can
provide that information, but he would suggest that the first such report not
be made until after the first of next year. Mr. Bowerman said he thinks the
Board needs to measure results.)
By the recorded vote set out above, the following resolution of
appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1998-99
NLIMBER: 98021
FLrND: GRANT
PURPOSE OF APPROPRIATION: FAMILY SUPPORT PROGRAM
EXPENDITURE
COST CTR/CATEGORY
1 1557 53150 110000
1 1557 53150 210000
1 1557 53150 221000
1 1557 53150 231000
1 1557 53150 232000
1 1557 53150 270000
1 1557 53150 331100
1 1557 53150 332104
1 1557 53150 520100
1 1557 53150 520300
1 1557 53150 530700
1 1557 53150 540200
I 1557 53150 550100
1 1557 53150 550400
1 1557 53150 550600
1 1557 53150 600100
DESCRIPTION
SALARIES-REGULAR
FICA
VIRGINIA RETIREMENT SYSTEM
HEALTH INSURANCE
DENTAL INSURANCE
WORKER'S COMPENSATION
R&M EQUIPMENT-OFFICE
MAINT CONT-DP EQUIP
POSTAL SERVICES
TELECOMMUNICATIONS
PUBLIC OFFICIAL LIABILITY
LEASE/RENT - BLDG
TRAVEL - MILEAGE
TRAVEL - EDUCATION
TRAVEL - SUBSISTENCE
OFFICE SUPPLIES
AMOUNT
$424,938.00
32,508.00
48,530.00
32,775.00
891.00
3,011.00
100.00
1,950.00
2,600.00
8,800.00
1,000.00
2,900.00
31,320.00
6,500.00
3,250.00
5,850.00
September 2, 1998 (Regular Day Meeting)
(Page 5)
1557 53150 601200
1557 53150 601600
1557 53150 601700
1557 53150 800100
1557 53150 800200
1557 53150 800700
BOOKS & SUBSCRIPTIONS
DATA PROCESSING SUPPLIES
COPY SUPPLIES
MACHINERY/EQUIPMENT
FURNITURE/FIXTURES
ADP EQUIPMENT
TOTAL
REVENIIE
2 1557 33000 330001
DESCRIPTION
FEDERAL GRANT REVENUE
TOTAL
000:1.87
650.00
1,625.00
1,300.00
280.00
3,290.00
40,300.00
$654,368.00
AMOUNT
$654,368.00
$654,368.00
Item 5.6. Albemarle County Personnel Policies, Amend §P-60 to add languag.
permitting market equity adjustments.
It was noted in the staff's report that in July, 1996, the Counny
implemented new pay ranges for all its employees based on recommendations from
Hendricks and Associates. There was discussion that broadening the ranges to
a full 60 percent from minimum to maximum would allow adjustments to salaries
(for additional skill level obtainment and market factors) to occur without
having to reclassify upwards or downwards causing other internal equity
concerns. No policies were developed to allow for such marken equity adjust-
ments to occur.
Staff is now presenting such language for the Board's approval.
Specifically, §P-60 of the Albemarle County Personnel Policies is recommended
to be amended to give the County Executive the authority, based on a recommen-
dation from the Director of Human Resources, to make an in-range equity
adjustment. Such adjustment is not to exceed the mid-point (market value) of
the employee's salary range.
While it is anticipated that market equity adjustments would be infre-
quent, staff has identified several positions in Information Services that are
currently compensated well below the market gmven the current trends in the
computer industry. A specific example ms a current Programmer Analyst who was
brought in at a salary fairly close to the bottom of the range ($30,633) so as
not to compress the salaries of more experienced programmers who are far down
in their range. Market conditions exist today such that a Programmer Analyst
working on the Year 2000 programming problem can make substantially more than
the $31,000+ currently being paid by Albemarle County. In order to stay
competitive with the marketplace, it is felt that a horizontal movement along
the scale is more appropriate than reclassifying the position upwards thus
bumping against other positions which would then also have to be moved.
Similar situations exist with several other Information Services positions.
The amendment to §P-60 would give the County Executive the authority and
ability to retain valuable, skilled employees.
The School Board is currently considering the same policy to give the
Superintendent similar authority on the school side. In terms of commonality,
all employees would be subject to the same policy.
There are four factors which are required to be considered in reviewmng
a request for an equity adjustment. They are:
(1)
(2)
(3)
(4)
An identification of the position's relevant market.
Consideration of internal equity.
Research into the factors which led to the salary being signifi-
cantly below market.
Measurement of the actual degree that the salary is below market
and the degree to which it will improve if an adjustment is made.
These factors will enable staff to track more closely market conditions
which are affecting the most sensitive positions. Staff recommends that the
Board approve amendment of §P-60.
(Ms. Humphris noted that on Page 3 of Policy P-60 under "G", the second
sentence should read: "Under no circumstances will an employee receive an
entrance pay rate below the minimum rate prescribed for the class in_ which he
is placed unless he is on probation." She said that the next sentence ms
incomplete: "In no case will this exceed lot less than the minimum."
September 2, 1998 (Regular Day Meeting) O001'~
(Page 6)
(Mr. Bowerman asked if this flexibility can be used in the hiring of an
employee. Mr. Tucker said there is already a provision in the policies
concerning hiring. It has worked fairly effectively.
(Note: Mr. Michael Thompson, Director of Human Resources, later
confirmed thaE the third sentence under (G) on page 3, should read: "In no
case will this exceed ten percent less than the minimum.")
By the recorded vote set out above, §P-60 of the County Personnel
Policies was amended as presented in the staff's report (on file in the Clerk's
Office).
Item 5.7. Adopt Resolution to take Monticello High School Connecuor
Road (RIP-88-002) into the State Secondary System of Highways.
At the request of the County's Engmneering Department, the Board adopted
the following resolution requesting that the Monticello High School Connector
Road (RIP-88-002) be accepted into the State Secondary System of Highways:
RESOLUTION
WHEREAS, the Monticello High School Connector Road
(RIP-88-002) described on the attached Additions Form SR-5(A)
dated September 2, 1998, fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginma Department
of Transportation has advised the Board that the streets meet
the requirements established by the Subdivision Street Require-
ments of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board
of County Supervisors requests the Virginia Department of Trans-
portation to add Mill Creek Drive as described on the attached
Additions Form SR-5(A) dated September 2, 1998, to the secondary
system of state highways, pursuant to § 33.1-229, Code of Vir-
ginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia Depart-
ment of Transportation.
AND, BE IT FURTHER RESOLVED that the Board hereby guaran-
tees to the Virginia Department of Transportation for a period
of one year from the date of acceptance into the secondary
system of highways, Mill Creek Drive against defective materials
and/or workmanship up to a maximum of $13,500.00.
The road described on Additions Form SR-5(A)
1)
Mill Creek Drive from Station 10+10, right edge of
pavement of northbound of State Route 742 to Station
54+00, rear edge of pavemen~ of southbound U. S.
Route 20, 4390 lineal feet as shown on plat recorded
1/30/97 in the Office of the Clerk of the Circuit
Court of Albemarle County, Virginia, in Deed Book
1590, pages 421-424, with a right-of-way width of
100 feet, with additional right-of-way plats re-
corded 9/19/95 in Deed Book 1492, pages 682-683 and
recorded on 8/14/98 in Deed Book 1735, pages 694-
695, for a length of 0.83 mile.
Total length 0.83 mile.
000 .89
September 2, 1998 (Regular Day Meeting)
(Page 7)
Item 5.8. Request for use of FY 1998 School Construction Funds for site
acquisition for the proposed northern elementary school.
It was noted in the staff's report that the 1998 General Assembly
approved legislation (S.B. 4005), which funds the Virginia Public School
Construction Grants Program with $55.0 million in each year of the biennium.
The approved formula first distributes a floor or base amount of $200,000.00
to each school division, the balance of which is distributed on the basis of
the composite index and the average daily membership (ADM). A local match is
also required based on the composite index times the grant amount. Funds may
be used for school construction, additions, renovations, infrastructure, site
acquisition and debt service. Albemarle's FY 1999 State grant is $393,496.00
to be matched by $245,266.00 in local matching funds. The State allocation for
FY 2000 is $395,441.00.
The State Board of Education has approved guidelines for administering
the program which include procedures for distribution and certification
documents. The School Division must certify that the funds will be used for
purposes stated in the legislation, which includes setting out how the funds,
both State and matching, will be used. The School Division must also certify
the action taken by its Board on the use of the grant funds. Upon receipt of
this certification, which is due September 30, the State Board will distribute
the funds to the School Division.
Since the County's capital transfer and debt service contributions to
the School Division Capital Improvement Program have grown so rapidly in the
last several years, particularly for Monticello High School, the School
Division and the County Executive's Office have agreed not to use the addi-
tional school construction funds to add new capital projects over and above
the approved Capital Improvement Program. Although several options are
available, which include reducing either debt service or the capital transfer
to the School Capital Improvement Fund to free up local dollars for other
priorities, staff recommends using these funds in FY 1999 for land acquisition
and preliminary engineering for the new northern elementary school. Although
funds have been shown in FY 2000 for site acquisition, engineering staff is
now recommending land purchase in the 1999 fiscal year if the school is to be
completed by August, 2001. If site acquisition needs to occur in the 1999
fiscal year, there are no additional funds available except from the Fund
Balance. Using these additional school construction revenues for this purpose
would minimize the need for Fund Balance revenues and would then free up
additional dollars for school projects in the FY 2000 Capital Improvement
Program that have already been committed to site acquisition for the new
elementary school.
As recommended by staff, by the recorded vote set out above, the Board
approved use of FY 1999 School Construction Funds in the amount of $393,496.00
for site acquisition and preliminary engineering costs for the proposed
northern elementary school.
Item 5.9. Albemarle Housing Committee's Affordable Housing Definition.
It was noted in the staff's report that the March, 1995 Housing Commit-
tee report to the Board of Supervisors, The Albemarle County Action Plan,
identified the need to define affordable housing. There is currently no
standard definition of affordable housing in the County development ordinances
and plans.
The Housing Committee began work on the definition in the Fall, 1995 and
continued throughout 1996 and 1997. The challenge to develop a definition that
could provide clear and concise guidance and result in the actual production
of affordable housing required several elements. The first element of the
definition was to examine a family's ability to pay. Therefore, the Committee
adopted the definition generally accepted nationally, "Affordable housing is
decent and safe housing at a cost that does not exceed 30 percent of monthly
household income." As this definition covered the entire population, the
Committee next focused its efforts on who had the greatest need and to whom
limited resources should be first directed. This effort resulted in the
second element, the development of Targeted Income Groups. Three ranges of
income groups were selected:
September 2, 1998 (Regular Day Meeting)
(Page 8)
PERCENT OF MEDIAN INCOME ($49,300) A1TNUAL INCOME
RANGE I: 0 - 35% median Income 0 - 17,255
RANGE II: 35 50% 17,255 - 24,650
RANGE III: 50 80% 24,650 39,440
MONTHLY INCOME
Available for
Housinq @ 30%
$ 0 - 431
431 - 616
616 - 986
After much discussion the Committee agreed that the private sector could
serve families with incomes above 80 percent of the median without substantial
local government support. This second element included the monthly income
available to "purchase" housing at 30 percent of median income. From these
numbers, the cost or "affordability', of rental housing is available.
A third element was required to identify the price of "for sale"
housing. Further the Committee believed it was realistic only to establish
"for sale" prices for families in Income Range III (For many reasons, those in
the lower two ranges may need affordable housing other than home ownership.).
Accordingly, the Committee, after much research, adopted the range of
$75,000.00 to $125,000.00 for Income Range III as the current annual cost
range of affordable for sale housing. This range will change annually as the
median income is revised.
It is the recommendation of the Housing Committee that the Board of
Supervisors adopt for guidance and assistance in their deliberations and
decisions with the residential development community: 1) the general defini-
tion of affordable housing, 2) the three targeted Range of Income groups, as
annually amended, and, 3) the current annual cost range of for sale afford-
able housing costs.
By the recorded vote set out above, the following resolution was
adopted:
RESOLUTION
WHEREAS, the Albemarle County Housing Committee has defined
affordable housing as decent and safe housing at a cost that does not
exceed thirty (30) percent of monthly household income; and
WHEREAS, the Albemarle County Housing Committee has adopted the
following three (3) targeted household income ranges to prioritize for
the delivery of affordable housing initiatives:
PERCENT OF MEDIAN INCOME
($49,300)
RANOE I: 0-35% median income
RANGE II: 35 - 50%
RANGE III: 50 - 80%
ANNUAL INCOME
$ 0 - 17,255
17,255 - 24,650
24,650 - 39,440
MONTHLY INCOME
Available for Housing @ 30%
$ 0 - 431
431 - 616
616 - 986
WHEREAS, the Albemarle County Housing Committee has adopted the
range of $75,000 to $125,000 as the current affordable "for purchase"
housing price range. This range serves households in Income Range III
of the fifty (50) to eighty (80) percent of median household income.
This range will change annually upon the publication of the revised
Median Household Income Limits by the Department of Housing and Urban
Development; and
WHEREAS, the Albemarle County Housing Committee believes that the
private market can deliver, without assistance, housing units that would
serve households in Income Range IV of eighty (80) to one hundred (100)
percent of median household income and above;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Albemarle County, Virginia, does hereby adopt the foregoing as guidance
and assistance in their deliberations and decisions with the residential
development community.
Item 5.10. Telecommunications Consultant Update (Status of RFP-97-23
and RFP-97-24), was received for information.
It was noted in the staff's report that the Board of Supervisors
recently approved funding a project (RFP-97-23) to hire a consultant to
assist the County in the preparation of a Wireless Telecommunications Policy.
September 2, 1998 (Regular Day Meeting) O00191
(Page 9)
For this project, the firm of Kreines and Kreines was selected. The contract
has been signed by the vendor and is being returned to the County for a
signature. Staff is currently working on the contract for RFP-97-24 which
will involve the hiring of a consuItant to assist the County in the technical
review of individual applications.
The contract for RFP-97-23 with Kreines and Kreines will provide the
County with information which can be used by staff in the preparation of a
Wireless Telecommunications Policy. The assistance of an outside consultant
is costing the County $72,250.00. The first meeting between County staff and
the consultant and between the consultant and representatives of the wireless
industry is scheduled for September 29 and September 30, 1998. It is antici-
pated that receipt 'of the first products from the consultant will occur around
the first of January, 1999. Completion of the consultant's work is anticipated
in March/April, 1999. After the consultant has completed all required work,
staff will prepare a Wireless Telecommunications Policy which will be for-
warded to the Board for review in May/June, 1999.
The contract for RFP-97-24 is recommended to be with the firm of Post,
Buckley, Schuh and Jernigan, Inc. This contract will provide the County with
independent engineering information which can be used by the County in the
review of individual applications for wireless telecommunication facilities.
It is intended that this work be undertaken prior to the completion of the
Wireless Telecommunications Policy. However, after the adoption of such a
policy, the contents of the policy will be incorporated into the engineering
analysis. Currently the assistance of an outside engineering consultant is
anticipated to cost a minimum of $5,000.00 per site. Additional cost could be
incurred in individual applications if the County requests analysis above the
standard level of review anticipated necessary in all cases. Application fees
charged for wireless telecommunication facilities may offset the cost of the
consultant. Raising the application fee to offset the cost of the consultant
review may be appropriate due to the complexity of the review of these types
of applications even though the fees would be much higher than the review fees
for other types of special use permits (the nature of these wireless facili-
ties is such that staff is unable to address concerns raised by the public and
the Board without the assistance of an outside consultant).
While negotiations continue, it is anticipated that the contract with
Post, Buckley, Schuh and Jernigan, Inc., will be finalized in September and
forwarded to the Board for approval in October. Staff is concerned about the
high expense/fee associated with each application. Any guidance the Board
provides regarding the contract with Post, Buckley, Schuh and Jernigan, Inc.
will be welcome.
(Ms. Thomas said staff wants some guidance on this subject from the
Board even though this item was listed on the Consent Agenda as information
only. She knows there is concern about how much each application may cost.
She understands Albemarle has a reputation as being a difficult county for
applicants for cellular towers. She thinks that is due to the staff which
asks good questions. It also has a citizen volunteer who feeds the Board some
good questions to ask. She feels that having this firm help the Board early
on might reduce the amount of help needed on subsequent applications. This
will be the one person who gives the Board guidance on individual specific
applications. The Board won't get a policy for at least a year.
(Mr. Tucker asked if Ms. Thomas is suggesting that staff move forward
more quickly on the RFP for the second consultant and get some help from them
initially. The contract is in their hands now. Staff hopes there will be
something to approve in October. He said staff wanted the Board to know that
this will not be an inexpensive thing to do.
(Ms. Thomas said she thought the guidance the staff wanted was how to
deal with the fact that it is so expensive. Her suggestion is a way of making
it less expensive, not anything to do with the contract, but how to use the
consultant once the contract is finalized. She thought using them thoroughly
on a couple of early applications might set a tone. Already, the Board will
not get simulated pictures because County staff has ~blown the whistle on
that." Everything that is done helps subsequent applicants bring in more of
what the Board needs to know.
(Mr. Martin asked if the Board will get another chance to look at the
fee. The staff's report left it open as to whether it would go to the
000 .92
September 2, 1998 (Regular Day Meeting)
(Page 10)
applicant, or whether the County would cover it. Mr. Tucker said that is a
decision the Board will have to make at a later date.
(Ms. Humphris said she has no problem with the fee. The Board is
granting special use permits which will allow a company to make large amounts
of money. If it takes $5000.00, or whatever the fee is, to do the processing
and scrutinizing of that application, that is just "a drop in the bucket" to
the value they would be given. She hopes it can start as soon as the contract
is completed so the companies will know the Board has experts scrutinizing
their applications. They might then be more circumspect about the information
they give the County. In the past, a few have been less than forthcoming.
She thinks this will have benefits and she does not see any down side. Mr.
Tucker said it is certainly a part of their doing business. Ms. Humphris said
that amount of money might seem large to most, but "in the big picture" of
money to be made, it is not.
(Mr. Martin said he thinks the Board needs to discuss the fee. In the
bigger picture, it sets the precedent for very large fees for permits. That
may well affect other people who cannot afford those fees. To look at it just
as this particular group of people having the money to pay the fee is not
looking at the big picture. Ms. Humphris said what the Board is supposed to
be doing is charging the applicant only what it costs the County to process
the application. She assumes that is the way all fees are structured. It has
been mentioned that if it does not cosn what is being charged up-front, the
applicant would be reimbursed. Ms. Thomas said that gives them an incentive
to be very helpful.
(Mr. Martin said when the County first raised its fees a couple of years
ago, the County wanted to charge the cost, but there was some consideration
for how much it did cost. He is saying that all of a sudden, the County will
have a fee which is large (and it is going to be paid primarily by people who
can afford to pay it), but he is concerned that another consultant needed in
another arena that deals with people who may not be able to afford such high
fees. Ms. Humphris said the County will not be charging these people more
because they can afford to pay more, but because the, staff time and consultant
time is greater.
(Mr. Martin said that is his concern. The County is not worried about
how much they can afford, only how much it costs. What happens if the County
needs a consultant to deal with "family divisions." At that point, the Board
may be talking about a situation where the people who would pay the fee, may
not be able to pay it. He thinks the Board needs to look at not just whether
or not something costs "x" amount and whether or not the people being charged
the fee can pay it, but also at how much the fees costs.
(Mr. Bowerman said he understands the principle.
(Mr. Marshall said he thinks Mr. Martin and Ms. Humphris have valid
points, and it should be discussed thoroughly when the time comes.
(Mr. Davis said there is one issue to keep in mind. Before the fee can
be imposed, it will require an amendment to the Zoning Ordinance. The date
the consultant will begin work needs to be anticipated, so there is enough
time to have a public hearing before the Planning Commission and the Board to
address this exact issue.
(Ms. Thomas said she thinks the Board needs to move ahead on the
question of the fee.
(Mr. Bowerman said he would like to offer a couple of things first. The
actual cost the applicant may be required to pay is going to be based on the
amount of information the applicant presents in the beginning. He thinks the
fee should be based on things required in order to make an intelligent
decision. He does not think there should be a set fee. Once the Board gets
into this, it will probably want to know about alternate sites, and certain
things about those sites. The applicant can either provide that in a form the
County's consultant can use or the County will have to hire someone to do it.
That would be at the applicant's expense. It could be on a fee basis or on
the basis of what each individual site requires in order to make an adequate
determination. He does not think an average can be used unless it is in a
formula which recognizes in the ordinance that the information can come from
different sources and can be paid for by different sources as long as it is
provided. That is his problem with a fixed fee.
September 2, 1998 (Regular Day Meeting)
(Page 11)
{Mr. Cilimberg said one of the reasons staff went to the second poten-
tial consultant was because of concern that the information furnished the
applicant might be biased, so there was need for a third party to be involved.
In the beginning, staff does not know if that can be done. It will take time
for applications to be made and to have consultant review completed. In the
beginning, whether or not the County tries to recover the whole cost, there
will need to be a full range of consultant assistance on several applications
just to know what it means.
(Mr. Tucker said staff knows the Board's concerns, and there have been
good suggestions made this morning. As soon as staff is at a point where it
can bring some information to the Board, it will try to address all of these
things and how to deal with the fee.)
Item 5.11. Comparison of FY 1997/98 2002/03 and FY 1998/99 2003/04
Final Allocations for Interstate, Primary and Urban Highway System - Albemarle
County Projects.
It was noted in the staff's report that the FY 1998/99 - 2003/04 Primary
Road Allocation Plan has been adopted by the Commonwealth Transportation
Board. A copy of the final Primary Road Allocation Plan will not be available
from the Virginia Department of Transportation (VDOT) until mid- to late-
September. Some allocations may change in that final plan. Staff has attached
to this report a table (on file) comparing planned allocations to Albemarle
County on selected projects for the five common years in each plan. The
sixteen projects in the table are listed below with additional comments
related to each project.
4 o
11.
12.
13.
14.
15.
16.
1-64 Fog Detection System, Afton Mountain fog detection upgrading.
1-64 Rest Area, sewer upgrade of the rest area near Ivy.
Route 29, widening from the City line to Rio Road. The project is
complete.
Route 29, widening from four to six lanes from Rio Road to the
South Fork Rivanna River. The pro3ect is complete. The total
cost of this pro3ect increased by approximately $2.0 million.
Route 29, widening from the South Fork Rivanna to Airport Road
(Route 649). The project is in the preliminary engineering stage
with VDOT. Funding for this project over the five common years
has decreased by approximately $5.8 million. The total project
cost has increased by close to $7.0 million.
Route 29, bridge replacement at the South Fork Rivanna River.
Project total cost increased by approximately $1.0 million.
Route 29 Western Bypass, total cost increased slightly from
168.428 million to $168.472 million. Over the five common years,
the total allocation to this project did not increase.
Route 29, access management study from Airport Road (Route 649)
to the Greene County line. The funding is for preliminary engi-
neering only.
Route 29, improvement to vertical alignment near Route 641.
Route 29, bridge replacement at the South Fork Hardware River
(southbound lane).
Route 20 South, bridge replacement at the Hardware River.
Route 20 South, widening to four lanes from Route 53 to Mill Creek
Drive. Preliminary engineering only.
Route 250, intersection improvement at Route 809.
Route 250, connector road to the University of Virginia (four
lanes divided). Prelimznary engineering only.
Route 631, widen shoulders to improve horizontal alignment,
construct turning lanes and install a guardrail. Although this is
a secondary road, it is receiving hazard elimination safety
improvement funding. The funding for this program is based in the
primary system.
Route 682, install flashing light and gate 0.23 miles south of
Route 250. Although this is a secondary road, it is receiving
hazard elimination safety improvement funding. The funding for
this program is based in the primary system.
In the 1997/2003 Plan, 16 Albemarle County projects were listed to
receive $50.710 million in funding over the FY 1998/2003 period (five common
years of both plans). Sixteen projects are listed to receive $50.296 million
in funding over the same five years in the 1998/2004 Plan. Three projects
000194
September 2, 1998 (Regular Day Meeting)
(Page 12)
were added to this year's Primary Plan final allocation: 1) Route 29 Bypass,
complete third lane northbound and southbound from 1-64 to Fontaine Avenue,
$185,000.00; 2) Route 53, bridge replacement over Buck Island Creek, $1.0
million; and, 3) Route 22, realign intersection at Route 250, $440,000.00.
(Mr. Bowerman asked about No. 2, 1-64 Rest Area, sewer upgrade of the
rest area near Ivy. He understood this project was on hold. Mr. Tucker said
it is in VDOT's plans. He asked Ms. Angela Tucker if they planned to go
forward with the project. Ms. Tucker said she is not aware of any schedule
change. The project is in the design stages at this time.
(Ms. Humphris said she still has not gotten the answer to some of the
questions she asked back in July about the reason for the timing changes, and
why Albemarle's dollars decreased. She has not had time to go through the
report carefully and find out what those changes are, but she' will submit her
questions to Mr. Tucker to get those answers. She said the County needs to
know not only how much money has been lost, but why it was lost. Mr.
Cilimberg said staff is aware of the need to determine why there were changes.
It ms noted here that the final primary road allocation plan will not be
available until mid- to late-September. One of the things staff does not know
at this time is how much additional Federal money is coming in on these
projects. There is the potential to be some real changes. Staff would like
to see that and then come back with an additional report where changes in
construction schedules might be addressed. He thinks the numbers in the
report are tentative.
Ms. Humphris said when several millions of dollars are lost on different
projects, it doesn't matter at what point in time the Board takes stock to
find out where, she understands that the new T-21 monies might change things
significantly, but she thinks the Board needs to know now why this was done to
Albemarle. Then, when the new numbers are received, that will be .a new ball
game. She said when the County gets so much less, and the time schedules are
stretched out so much further than anticipated, the County should find out
why. Mr. Cilimberg asked that the Board request Ms. Tucker to provide that
information to staff. There has been difficulty getting that information
sometimes.)
Item 5.12. Copy of letter dated August 20, 1998, 'to Mr. Don Franco from
Ms. Janice D. Sprinkle, Deputy Zoning Administrator, re: Tax Map 31, Parcel
26 - Official Determination of Zoning - part PRD and part RA. This letter was
received as information only.
(Mr. Bowerman said the only parcel he can determine that this letter
addresses is Teledyne Industries. He asked in what magisterial district this
parcel is located. Mr. Martin said he thinks more information should be
included in all of these letters. There is no way to figure out where the
parcels are located. Mr. Tucker said a tax map can be provided with each
letter. Ms. Humphris said there needs to be a tax map at a scale that can be
seen. Mr. Bowerman suggested that a full size tax map be posted on the wall
at the meeting.
(Ms. Thomas said there are two issues here. A lot of the reproductions
furnished to the Board members with their packets are barely readable. That
is a separate issue which is worth the Board "putting its foot down on." The
other concerns the items referring to tax maps, and the Board members do not
know where they are located.
(Mr. Bowerman said he searched the memo trying to determine where the
parcel is located, and the only clue he got was from the "copy" notation.)
Item 5.13. Copy of letter dated August 20, 1998, to Mr. Robert W.
Tucker, Jr., County Executive, from Mr. Robert H. Connock, Jr., District
Construction Engineer, Department of Transportation, providing notice of a
public workshop concerning the Route 29 Pedestrian Study from Barracks Road to
Airport Road (Route 649), City of Charlottesville and Albemarle County, was
received as information. The workshop is scheduled for Thursday, September
10, 1998, between 7:00 p.m. and 9:00 p.m. at the Senior Center.
Item 5.14. Copy of Supts. Memo. No. 6, dated August 7, 1998, from Mr.
Paul D. Stapleton, Superintendenu of Public Instruction, to Division Superin-
September 2, 1998 (Regular Day Meeting)
(Page 13)
000195
tendents, re: Certification of Adequate Budgeted Funds in 1998-99 to meet the
Required Local Expenditure for Basic Operations Costs, was received for
information.
(Mr. Bowerman asked the meaning of this memo to the County. Mr. Tucker
said he thinks they are informing the County of what can, or cannot, be done
with regard to providing adequate funds for standards of quality. He does not
remember seeing this requirement before, so is not sure if it is new legisla-
tion. He suggested that Mr. Davis speak about this memo. Mr. Davis said he
does not recall seeing this before, but there is a State Code requirement
referenced in the memo which says the county is obligated to provide the
minimum amount necessary as required by the State for meeting the standards of
quality. Albemarle.County far exceeds that amount, so this memo has little
meaning to Albemarle. It has been an issue in the past as to whether some of
the poorer counties provide enough money to meet the standards of quality.
(Mr. Martin said it would have been nice if before this went into the
packet, someone had stated that "this is what is required and Albemarle County
exceeds it." He said it was difficult going through it and at the end not
getting an answer. Ms. Thomas said it needed an executive summary. Mr.
Tucker said it is a little confusing because it talks about when the ADM
changes. He does not think there is any danger of there being any trouble for
Albemarle unless there were a massive change in the ADM. He said the staff
will provide an analysis of these types of memos in the future. Mr. Martin
said one sentence would have done it.)
Item 5.15. Monthly Bond Program Report for Arbor Crest Apartments
(Hydraulic Road Apts.) for the month of July, 1998, was received as informa-
tion.
Item 5.16. Compensation and Benefit Survey Project.
It was noted in the staff's report that in FY 1995-96, the School Divi-
sion and Local Government contracted with Charles Hendricks & Associates to
conduct a salary study for the two entities. Based on this study, a revised
salary structure for teachers and classified/administrative employees was
implemented July 1, 1996. Since that time, an update of the market data from
that study has not occurred. In addition, that study did not address issues
related to benefits, an area which generated a great deal of discussion during
the FY 1998-99 budget process. Further, questions concerning salary competi-
tiveness of a number of positions (technology support, bus drivers, custodians
and other classified positions) have been raised and discussed at various
times since 1996. In light of this, an update of the Hendricks study including
collection of data on benefits would be beneficial as the FY 1999-2000 budget
season is approached.
School Division and Local Government staff recommend that the updating
of salary data from the Hendricks study, and data collection on employee
benefits for both the public and private sector in the region, be done by an
outside firm. This should provide an unbiased external perspective at a cost
of approximately $12,000.00. The process should be completed in time for the
data to be used in developing a compensation proposal for the FY 1999-2000
budget. The information is expected to be presented at a joint Board of
Supervisors/School Board meeting in early November, 1998. Funds for the
project will be secured from salary lapse money left over in the Human
Resources budget from the last fiscal year.
This information is presented for the Board's information and comment.
If there are no concerns from the Board, staff will proceed to engage an
independent review as outlined.
(Ms. Thomas said she thinks it is a good idea to look at the benefits
package. Mr. Perkins asked if the County would do an RFP at an expected cost
of $12,000.00. Mr. Tucker said staff has some individuals in mind for this
review, but no one has been selected yet. Mr. Perkins asked if staff had
talked to Mr. Hendricks again. Mr. Tucker said staff could talk to him also.)
September 2, 1998 (Regular Day Meeting)
(Page 14)
000196
Item 5.17. Copy of minutes of a meeting of the Board of Directors of
the Rivanna Water and Sewer Authority Board for July 27, 1998, was received
for information.
Item 5.18. Copy of minutes of a joint meeting of the Boards of Direc-
tors of the Rivanna Water and Sewer Authority and Rivanna Solid Waste Author-
ity for July 27, 1998, was received for information.
Agenda Item No. 6. Approval of Minutes: March 13(A), 1995; September
1996; February 19, 1997; May 6 and June 10, 1998.
Mr. Perkins had read the minutes of September 4, 1996, pages 1-29 (Item
#10) and found them to be in order.
Mr. Marshall had read May 6, 1998, and June 10, 1998, pages 1-20, and
found them to be in order.
Motion was offered by Mr. Perkins, seconded by Mr. Bowerman, to approve
the minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 7a. Transportation Matters: Presentation of Pave-in-
Place Program.
Ms. Angela Tucker, Resident Engineer, said she had forwarded to Ms.
Carey a letter dated August 28, 1998, in which the following information
concerning this program was included:
"At the August 5th Board meeting, we discussed Route 707.and the
potential to pave this in place as early as next summer. The
Board requested that we consider all roads eligible for pave in
place applications in order to assess Route 707's priority. As
you will note, in mid-1996, we forwarded a list of those gravel
roads that me~ the pave in place criteria of traffic volumes (50
- 250), road length (1 mile or less) and are dead end
travelways. This list contained 29 roads.
"The current Pave mn Place program allows for improving gravel
roads with traffic volumes between 50 - 750 vpd and does not
specify a minimum length nor that the road dead end. ~Under this
criteria, all but approximately 20 of the 220+ miles of gravel
roads throughout the County are preliminarily eligible.
Ultimately, our office would need to review each road in the
field in order to assess whether the horizontal and vertical
geometry lends itself to improving the road within a 30'
easement.
"It is noE feasible to proactively review every gravel road for
its eligibility for the Pave in Place program. We suggest that
as gravel roads are added to the Six Year Plan priority list,
they be assessed for Pave in Place. If they meet the criteria,
the road could potentially be given a high priority on the
Second Six Year Plan because no additional right of way would be
required. We should continue to weight the-priority of the pave
in place projects against those projects currently in the Six
Year Plan with dedicated rights of way.
"Our suggestion at this time is to include Route 707 as a
priority for improvement under pave in place guidelines after
those projects in the Six Year Plan that have all right of way
dedicated. I will discuss this matter in more detail at the
next Board meeting."
Ms. Tucker said the change in the policy that occurred last year would
generally encompass all but 15+ gravel roads in Albemarle County. In essence,
since the length of the road, and the traffic count on that road is no longer
September 2, 1998 (Regular Day Meeting)
(Page 15)
a restriction, almost all gravel roads could potentially be eligible for pave
in place. Mr. Martin asked about the gravel roads already shown in the Six-
Year Plan. He asked if they can be paved in place with the same priority and
cover more roads with the same amount of money. Ms. Tucker said the cost
savings is not significant. The savings come for the fact that the roads
which are eligible for pave in place require less grading. Even though they
meet the traffic volumes, it requires VDOT to review the roads in the field to
see if the grading is subtle enough so that when slopes are tied back, it does
not exceed the 30 and 40 foot rights-of-way required under pave-in-place. She
said the policy adopted required no more than 40 feet of right-of-way, but
pave-in-place can work with a 30-foot right-of-way which is also the 30-foot
prescriptive easement. In a lot of cases, owners would not need to dedicate
right-of-way.
Ms. Thomas asked if some of the roads which are now a low priority in
the Six-Year Plan could be significantly impacted because the road no longer
needs additional right-of-way. Mr. Martin said there are a lot of people who
have a road they want on the list, but have not been able to get the needed
right-of-way. This change in policy is good on the one hand, but it also
changes the way this Board has set priorities in the past. Mr. Perkins said
the vertical and horizontal alignment on many roads is such that they cannot
be paved in place. Major grading is needed, so that takes them out of the
possibility of pave-in-place. Ms. Tucker said that is the majority of the
roads in the County. Route 707 is an exception. Route 702 is a gravel road
with one of the highest traffic counts, and there has been a problem getting
right-of-way on that road. That road is not a candidate for pave-in-place.
Mr. Martin asked if someone called him about a road which is not on the
long-term list, and they want to see if the road can be paved-in-place, should
he tell them to call VDOT. Ms. Tucker said that is correct. VDOT will then
go out with this person and drive the road to determine its eligibility. If
it is eligible, they will send that information to the Board. Mr. Martin asks
what the Board does with the information. Ms. Tucker said the road should be
added to the list after the projects which have dedicated right-of-way.
Mr. Marshall said it then becomes a funding problem. Mr. Martin said as
soon as this policy was announced, he began to get telephone calls, but it
actually did not mean anything at that time. Now that the policy has been
changed, it means something. He believes there will be a lot of such requests
received, and he thinks the Board needs to decide how they will be handled in
order to be sure requests are handled equitably.
Ms. Tucker said requests for this program should be referred to her
office, and VDOT will make a determination as to whether the road qualifies
and then notify the Board officially in writing as to whether'the road
qualifies for the pave-in-place program. If the Board chooses, the road can
then be added to the Six-Year Plan.
Mr. Bowerman asked if it would require a new public hearing of the Six-
Year Plan. Ms. Tucker said if it happened outside of the annual revision
process. Mr. Bowerman said he thinks the Board would want to use the process
that is already scheduled.
Agenda Item No. 7b. Other Transportation Matters.
Mr. Perkins asked V/DOT to check on the railroad crossing just west of
ConAgra in Crozet. The crossing is used by ConAgra, a church and six or seven
homes. He has been requested to see if there is any possibility of the State
taking the crossing into the Secondary Highway System.
Mr. Perkins asked how speed limits are set on rural roads. He knows
that VDOT does a traffic study to determine how fast the traffic is moving on
a particular road. He had asked about the speed limit on Miller School Road
and VDOT went through the process of seeing how fast the traffic is moving on
that road. He said Morgantown Road has a speed limit of 35 mph and Owensville
Road a speed limit of 40 mph. He asked how this occurred. Ms. Tucker said a
number of factors are considered, such as: the speed at which 80 percentile
of the vehicles are traveling, roadside character, number of entrances,
residential nature, unusual settings along the route, and accident history.
September 2, 1998 (Regular Day Meeting)
(Page 16)
000 .98
Mr. Perkins said a number of people have expressed concerns about the
drop-off of the shoulder along Route 250 and a number of other roads where the
shoulders have deteriorated. Ms. Tucker said shoulder drop-offs are one of
VDOT's highest priorities in trying to maintain a safe roadway. They will
give that immediate attention.
Ms. Thomas said some of the residents on Morgantown Road are interested
in greater traffic calming measures. The speed limit is 35 mph, but it is an
old residential neighborhood with small houses very close to the road. The
Police Department is putting up the "Smart Sign" to help with the speed limit
, but there is an obvious place for a three-way stop sign at Grassmere Road.
She asked the process to follow for this request. Ms. Tucker said she will
have a technician look at it and give a report as to whether.it meets multi-
stop conditions and if any extenuating circumstances might apply. First, VDOT
needs to look at the road, access its accident history, traffic volumes, the
general geometrics and the speeds.
Ms. Thomas said she previously suggested that some notice concerning the
physical design of the road off of 1-64 at Ivy be given for large trucks
exiting the interstate at that point. She said it is not necessarily a
neighborhood concern, but she would ask that some advisory sign be erected
saying there is no access for the large tractor-trailers to Ivy. Ms. Tucker
said she will follow up. Ultimately, on a Secondary Road, the Board has the
opportunity of requesting a through-truck restriction. One criteria is that
there be a reasonable alternate route.
Ms. Humphris thanked VDOT for the paving of Georgetown Road. It is now
completed, and lined. The inadvertent stripes are no longer there. She has
not noticed that people are traveling faster because of the smooth, evenly
paved road. That is a benefit.
Ms. Humphris mentioned a letter she received (from Mr. Newman) concern-
ing the stop lights at both ends of Mill Creek Drive. She does not know if
the light at the Avon Street intersection is functioning yet. Mr. Marshall
said it was working this morning.
Ms. Humphris said there is also a question as to why there is no stop
light on Pantops at the intersection of Rogan Court and Route 250 (at the
Amoco Station and the Montessori School). The other day she received another
letter from Ms. Bern regarding the Montessori School on Pantops. Ms. Bern
seemed to think that the County provides crossing guards. Ms. Humphris said
she understands that all schools, private or public, arrange for their own
safety protection. Ms. Tucker said that is true. The school works with VDOT
under a permit to place flashing school signs. Ms. Humphris said she will
reply to Ms. Bern's letter. Ms. Tucker said she will also follow through on
the letter. She did speak with the writer of the first letter, Mr. Newman,
and explained about the status of the Rogan Court signal and the potential for
it to be installed and functioning within a year and a half with the develop-
ment of the Pantops area.
Mr. Marshall mentioned signage for the James River Runners. He met with
Scottsville Town Council about the signage and Ms. Tucker solved that problem
yesterday. He asked Ms. Tucker for a report. Ms. Tucker said the James River
Runners adopted the section of Route 726 from the intersection of Route 1302
down to the Route 625. Route 1302 was the section of road where they lost
their right to install a commercial sign. Under the "Adopt-A-Highway Program"
VDOT added a small arrow to the sign to help keep people on the right path.
It is an official highway sign, and the owner is satisfied.
Mr. Marshall asked for an update on the four-laning of Route 20 South
from Route 53 to the new road at Monticello High School. Ms. Tucker said this
project has been funded. The funding is for preliminary engineering only.
The survey for the project has beguh. She recommends that the Board continue
to place this project as a very high Albemarle County priority at the Annual
Primary Road Preallocation Hearing so it can continue to be funded, and go to
construction within the next six years.
September 2, 1998 (Regular Day Meeting)
(Page 17)
000 .99
Mr. Bowerman asked the length of the project. Ms. Tucker said it is
almost two miles in length. It is going to need quite a bit of realignment.
Mr. Marshall asked for a guess as to when it might be funded. Ms. Tucker said
there was no additional money put into the last plan. She had hoped there
would be additional funding included each year.
Mr. Marshall said the first day of school he got a call from a parent
saying a student had rear-ended another car coming out the school. He
suggested there be a deceleration lane on Route 20 turning onto Route 53
instead of having the stripping that guides drivers into the left lane. There
would then be a right-turn lane to go onto Route 53. People coming off of
Route 53 onEo Route 20 northbound come into the right-hand lane and it should
be an acceleration lane to give people time to get into traffic. People are
in a hurry to get out of Route 53 and it makes it a dangerous intersection.
There is a great deal of traffic coming out of Route 53 in the mornings on the
way to work. The accident he mentioned occurred at that intersection.
(Note: Since the Board was running way behind the published time
schedule, it moved to the matters which had been advertised for public
hearings.)
Agenda Item No. 13. PUBLIC HEARING to receive comments on the use of a
Law Enforcement Block Grant in the amount of $44,340.00 awarded by the
Department of Justice to Albemarle County proposed by the County to primarily
be used for enhanced neighborhood policing in the Esmont and Scottsville
areas. (Advertised in the Daily Progress on August 17 and August 24, 1998.)
Mr. Tucker said the Department of Justice awarded Albemarle County
$44,340.00 in Federal funding with a required local cash match of $4,926.00
for a total of $49,266.00 for public safety initiatives. This funding is for
the two-year period of FY 1998 and FY 1999. The purpose of the grant program
is to reduce crime and improve public safety.
Mr. Tucker said staff recommends using these funds to pay overtime to
currenu officers concentrating their efforts in the southern area of the
County, particularly the Esmont community which has been identified as having
a number of order, maintenance and crime issues. The area is small enough
that any additional police presence should be recognized by the citizens of
the community and have an effect on crime and public safety. In addition,
staff believes the Scottsville area would benefit from the increased presence
of an officer.
Mr. Tucker recommended that, following the public hearing, the County
Executive be authorized to execute the appropriate documents for the grant.
Mr. Marshall said he is grateful for these funds which will be used in
his district. He said if there were no comments from the Board members, he
would open the public hearing at this time.
Ms. Nancy Luck said they need this Police program in their community.
Lately, there has been a lot of crime in Esmont. They really need this
protection in their community.
Chief Miller said the Department feels it has been successful in Esmont
with the number of things under way. They helped with renovation of the Ward
Center. They helped with the formation of the Southern Albemarle Organiza-
tion. There have been a number of seminars in the area. They have done drug
interdiction in the last couple of months. There has been a lot of traffic
enforcement. The Community Partnership Esmont citizens has with the Police
Department exceeds expectations.
Mr. Marshall said he attended a lot of those meetings at Yancey School,
and he wants to thank all who participated, and the cooperation the Police has
given to the community has been wonderful.
With no one else from the public rising to speak, the public hearing was
closed.
Motion was offered by Ms. Humphris, seconded by Mr. Martin, to authorize
the County Executive to execute the appropriate documents for the grant. Roll
was called and the motion carried by the following recorded vote:
September 2, 1998 (Regular Day Meeting)
(Page 18)
000200
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 14. PUBLIC HEARING on a request to grant a temporary
easement to the developer of the Southside Shopping Center to construct a
temporary erosion control basin for the proposed development. (Advertised in
the Daily Progress on August 23, 1998.)
Mr. Tucker said the Southside Shopping Center is a "Planned Development
Shopping Center" located on the east side of the intersection of Mill Creek
Drive and Avon Street. The development currently has an approved Erosion and
Sediment Control plan for rough gradinH the site occupying the southeast
corner. To address the concerns and comments from both the County and the
Virginia Department of Transportation (VDOT), the developer located the
primary entrance (Mill Creek Drive) close to the rear property line, and as
far from Avon Street as possible.
Mr. Tucker said due to this layout and the topography of the site, the
erosion control basin for the project must be constructed at the location near
the primary entrance he just described. Erosion control regulations require
that the basin remain in place until the site improvements are constructed and
all disturbed areas are stabilized. Only then could the basin be filled and
the primary entrance constructed. He said that Hranting the easement proposed
will not have an impact on the County's ability to develop its property in the
future. However, construction activity will remove trees that would normally
serve as a buffer between the County property (zoned R-15) and the shopping
center (zoned PD-SC) . Any approval of this request should be conditioned on
the easement being replanted with the quantity of trees (4-foot to 5-foot high
everHreens) necessary to restore the buffer.
Mr. Tucker said that following this required public hearing, staff
recommends that the County Executive be authorized to execute the easement
once all legal issues with the developer are resolved.
Mr. Marshall asked if the Board members had comments. Ms. Humphris said
she had a question about trees. She said the staff report describes the area
as being densely buffered now. She wonders if the trees recommended are the
optimum size for planting. She said it will be a long time before they
replace any of that existing buffer. Mr. Tucker said this is the normal
requirement in any development for buffering purposes. The trees that will be
removed, in staff's opinion, are not mature trees, it is more of a scrub type
area. After these new trees mature, there will be a better buffer than the
existing buffer. Staff will require white pines, or something that is dense
in foliage. Mr. Marshall said cedar trees grow rapidly and take over an area.
Ms. Humphris said they may seem common, but they really are a dense buffer.
Ms. Thomas said she remembers that there was a concern about pedestrian
access to this shopping center. She wants to be sure the Board does not do
anything to reduce that pedestrian access. Mr. Tucker said that will be dealt
with on the site plan for the shopping center. Approval of this will not
affect that situation at all. Mr. Davis said there are sidewalks on that side
already.
Mr. Marshall said if there were no further comments from the Board
members, he would open the public hearing.
Mr. David Collins, Roudabush & Gale, engineers for the site plan spoke
first. He said they request the temporary detention basin primarily because
the topoHraphy warranted that this would be the best place to catch everything
from the site. This will allow the road to be built and the site to be
developed, and allow the detention basin to stay in place for the entire
period of construction. That is what was done on the north side for the Food
Lion site. It is easier to maintain and easier to police. He requested
approval of the easement.
With no one else from the public rising to speak, the public hearing was
closed.
Motion was offered by Ms. Thomas, seconded by Mr. Martin, to authorize
the County Executive to execute the temporary easement for the developer of
September 2, 1998 (Regular Day Meeting)
(Page 19)
00020
the Southside Shopping Center to construct a temporary erosion control basin
for the proposed development once all legal issues with the developer are
resolved.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 8a. Overview and Presentation of Albemarle County
Department Improvement Process.
Mr. Tucker said a continuous Quality Improvement Program (QUIP) has been
implemented for all Local Government departments. Recently, department
improvement plans were developed for the calendar year 1998. A copy of
"Albemarle County Department Improvement Process" as prepared by the County
Executive's Office dated September, 1998 has been forwarded to the Board
members. Eventually, these department improvement plans will be incorporated
into the overall County Strategic Plan which staff hopes will be ready for
review in October, 1998. He asked Ms. Roxanne White to give more detail on
the individual department plans.
Ms. White said the individual improvements plans were developed over the
last six months as the culmination'of the QUIP Program which has been in
existence since 1992. Staff is excited about the plans and is committed to
going forward with the plans. For some of the departments, this was the first
time they had ever had sessions which allowed the entire department's staff to
come together as a group and decide how they could be a more productive and
responsive business unit. Staff found that County employees from all levels
of the organization are eager to improve their services to the citizens.
These plans are important because they actually outline what the employees in
the department feel is important to the implementation of the department's
goals.
Ms. White said five common themes came up. First was customer service.
The employees identified ways to be more responsive to customers; use of
public surveys, developing slide shows, better brochures, having round table
discussions with citizens, and placing an information desk in the lobby. The
second theme concerned the use of technology. Employees want to know about
new technology and want the ability to keep themselves updated and use that
technology. The third theme was human development. A major focus was that
the County insure having a stable, highly-skilled work force. They recognize
that in order to motivate employees, continuous training is needed as well as
other incentives: job growth, rewarding work, responsibilities, achievement
and recognition. The fourth theme was communication. This was recognized by
all departments as being essential to productivity and working with the
community. The fifth theme is continuous quality improvement. There was
strong emphasis placed on strengthening the County's service delivery system,
becoming more effective and more efficient. This would involve a variety of
organizational changes.
Ms. White said a major reason for starting these plans were questions
from the QUIP Quality Council last year. They asked how to determine if the
QUIP Program is effective and if it is making a difference in service deliv-
ery. Staff realized that department improvement plans were needed. The plans
set out specific actions various departments will take over the next eighteen
months. Performance will then be measured to see the successes and things
which still need work.
Ms. White said some things have already occurred from the quality initi-
ative program, such as: establishment of the Neighborhood Team; establish-
ment of a Site Review Team to focus on improving the development review
process; a team composed of employees from the Finance Department and Informa-
tion Services developed a process for the new car tax collection; there is
collaboration between Social Services and community agencies to develop the
At-Risk Four-Year Old Program and to develop a Family Support Program; a
Customer Service Manual has been developed that sets out county-wide standards
and performance measures to use in dealing with the public; there is a build-
ing directory to make it easier to access the County Office Building; there is
improved signage in the County office Building; there is a Customer Comment
Card to get customer input; there is an Advanced Leadership Institute which
September 2, 1998 (Regular Day Meeting)
(Page 20)
000202
gives leadership training to all supervisory staff; there are a series of
sessions on customer service which all staff may attend; mandatory training
programs have been expanded; and, there is now a core of County-facilitators
who have been trained to help departments and other groups facilitate their
meetings.
Ms. White said the Classified Employee Evaluation form has been modified
creating benchmarks and performance measures. A new program called "Off To A
Good Start" is the new employee orientation program which is to get new
employees involved in QUIP and customer service during their first week of
employment. Staff is proud of its accomplishments under the QUIP program. It
hopes the Board sees the benefits of these changes, and the initiatives which
have been undertaken. She said there are a number of department heads present
today, along with the County Executive's staff, who have worked together to
put the plans together.
Mr. Tucker said it is important to remember that the main component of
the QUIP program is the employees who are counted on each day to render
effective service.
Agenda Item No. 8b. Presentation of Department Improvement Awards.
Mr. Tucker asked to share with the Board some special recognitions of
individuals and teams which have recently earned them from State and National
organizations.
First is the County's Customer Service Team represented by Eric
Morrisette and its subgroup the "New Employee Orientation Team" which is
headed by Judy Gough. These groups designed a new employee orientation
process which expanded the existing process to include an in-depth overview of
the County, advanced customer service training, designed a mentoring program,
and a handbook for supervisory staff. The "Off-to-a-Good-Start" Program was
awarded a National Association of Counties (NACO) Achievement Award at the
1998 Annual Awards program. Mr. Marshall then presented the awards to Mr.
Morrisette and Ms. Gough.
Mr. Tucker said the County has been recognized for several years for
sound fiscal operations and management by the Government Finance Officers
Association of the United States (GFOA) for both Financial Reporting and for
Budget Presentation. Mr. Marshall then presented to Melvin Breeden, Director
of Finance, a Certificate of Achievement for Excellence in Financial
Reporting. Mr. Tucker said this award also goes to Anne Murray and Ed Koonce
of the Finance Department.
Next, Mr. Marshall presented the Distinguished Budget Presentation Award
to Anne Gulati, Management Analyst in the County Executive's Office. Mr.
Tucker thanked Ms. Gulati for her work in planning for and preparing the
County budget. He also congratulated Roxanne White for her supervision of the
budget preparation process.
Mr. Tucker said an award was also received from the National Association
of County Information officers as part of the 1998 Awards of Excellence
Competition for the brochure on reversion. The brochure was produced as a
collaborative effort between several offices. Mr. Marshall presented the
award to Larry Davis and Lee Catlin for their efforts on this publication.
Mr. Tucker said this is the end of the presentations. He appreciates
the opportunity to highlight some of the ways employees have been singled out
for attention at the highest levels. The department improvement plans
presented this morning and the QUIP program are designed to support County
employees as they strive for outstanding service. He then said that Ms.
Catlin had a brief presentation to make.
Ms. Catlin said that on behalf of the Customer Service Team, they would
like to thank Mr. Marshall for being a good sport and helping them out at the
County Fair tonight. Having experienced the "Dunking Booth" personally, they
would like to give him a pair of goggles. Mr. Marshall said he looks forward
to it.
Ms. Thomas said she thinks it is appropriate to note that yesterday was
Mr. Robert Tucker's 25th Anniversary as a County employee. A lot of people
present today joined in wishing him good luck at a party yesterday. Mr.
September 2, 1998 (Regular Day Meeting)
(Page 21)
000203
Tucker said he enjoyed the party. It was a complete surprise as he had no
idea that it was being planned.
Agenda Item No. 9. Discussion: Virginia Film Festival Funding Request.
(Note: Mr. Bowerman left the room at 10:45 a.m.)
Mr. Tucker said Richard Herskowitz, Director of the Virginia Film
Festival, has requested a $10,000.00 contribution for their annual event which
will take place from October 29 to November 2, 1998. The funding would be
used advertising in national publications ($5,000.00) and photographing and
recording the event for their Website and other publication materials for
national distribution ($5,000.00). For a total operating budget of
$256,418.00, the Virginia Film Festival receives approximately 45 percent of
their needed funds from the University of Virginia, 25 percent from entrance
fees and sales, and the remaining 30 percent from the private and public
sectors including businesses, foundations and government grants. The Film
Festival is also requesting a $10,000.00 contribution from the City of
Charlottesville.
Mr. Tucker said if the Board decides to fund The Virginia Film Festival
request, funds could be secured from the County's Tourism Fund which currently
has $126,985.00 in undesignated funds set aside for tourism-related projects.
Funding for the Film Festival could also be made contingent on receiving
comparable funding from the City.
Ms. Humphris said she supports the funding request. She also supported
the request from "Festival of the Book". She believes there is a strong
tourist component attached, and she cannot think of a better way to use the
funds from the tourism-related income the County has. What speaks in favor of
the Film Festival is that it has worked through "thick and thin" for more than
ten years, and she feels it has proven itself. It is a huge cultural benefit
to the community, as well as a significant tourist draw to the community. She
then offered motion to fund the request from The Virginia Film Festival in the
amount of $10,000.00, and that it not be contingent on funding from the City.
Mr. Martin said if it were money coming from the General Fund, it would
be different. Given where the financing is coming from, he thinks it is
appropriate to use the Tourism money to do what promotes tourism. He than
gave second to the motion.
Mr. Marshall said he agrees and looks forward to serving on the Film
Festival's Board. With no further discussion of the request, roll was called
and the motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: The actual appropriation will come to the Board for approval in
October.)
Agenda Item No. 10. Budget Request: Soil and Water Conservation
District.
Mr. Tucker said a request has been received from Kat Imhoff, Albemarle
County's Director for the Soil and Water Conservation District (SWCD), for an
additional $14,172.00 (adjusted to $14,782.00 to reflect actual cost) to
increase the Administrative Secretary's position from a .6 FTE to a full-time
position. The letter addresses the increased funding and program responsibil-
ities taken on by SWCD since their FY '99 budget request.
Mr. Tucker said although mid-year budget requests, particularly for
additional staffing, are not recommended on general principle, the Soil and
Water Conservation District had several program changes that were not antici-
pated during the normal budget process. Staff does recommend approval of
$14,782.00 in additional funds to support a full-time Administrative Secre-
tary. If the Board approves the additional funding, an appropriation form
will be brought to the Board at its next meeting.
September 2, 1998 (Regular Day Meeting)
(Page 22)
000204
Ms. Humphris said she understands their dilemma and it was not of their
making. They are fortunate in that they got more revenues for services that
Albemarle County is availing itself of, and although this is out of sync with
the regular budget considerations, it is justified.
Mrs. Thomas said she got a booklet entitled "James River Basin Tributary
Nutrient and Sediment Reduction Strategy" which will depend heavily on SWCD to
implement new protection strategies. She thinks this is an organization the
County will be increasingly dependent on so that makes this an appropriate
request.
Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to approve
the additional funding request, with the actual appropriation to be made at
the Board's next meeting after the appropriate form is received. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: Mr. Bowerman returned to the meeting at 10:52 a.m.)
Agenda Item No. 11. Presentation: Region Ten Community Services Board
FY 1999 Performance Contract.
Mr. Tucker said that the 1998 General Assembly passed H.B. 428 which
amends and reenacts §37.1-194-202 of the Code of Virginia. This section
requires local governing bodies to approve its Community Services Board's
(CSB) performance contract by a formal vote prior to September 15, 1998. The
performance contract is the annual agreement negotiated by a CSB with the
State Department of Mental Health, Mental Retardation and Substance Abuse
Services, which provides State and Federal funds for mental health, mental
retardation and substance abuse service to CSBs. Until now, boards and city
councils could review a CSB contract, a complete agency budget submitted by
the CSB, or only the city or county budgets that appropriated the local
government matching funds, the latter being the previous process in Albemarle.
Mr. Tucker said since the performance contract is a lengthy and compli-
cated document to review, a guide prepared by the State Department to help
local government officials understand the contract was included with the
Board's papers for this meeting. Because this is not a contract between the
County and Region Ten, and subsequently the County is not party to the
performance contract, the state recommends that if the County has any particu-
lar concerns or issues that it wishes to resolve with the Community Services
Board it would be more appropriate to address those concerns in a separate
agreement between the county and the CSB rather than trying to include them in
the performance contract. Staff has reviewed the contract and recommends
approval of the FY 1999 Community Services Board Performance Contract.
Mr. Marshall said he deals with people from Region Ten on a daily basis
and they do a wonderful job for the community. It is under funded and
understaffed, so given what they have to work with, what they accomplish is
extraordinary.
Motion was offered by Ms. Thomas, seconded by Mr. Bowerman, to approve
the FY 1999 Community Services Board Performance Contract, as presented. Roll
was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 12. Request to Adopt Resolution Ratifying the Filing of
an Application to the Virginia Public School Authority (VPSA) for a Loan in a
Principal Amount Not to Exceed $7,600,000.
Mr. Tucker said that funding for the FY 1998-99 Capital Improvement
Budget anticipated the issuance of $4.245 million in bonds through the
Virginia Public School Authority (VPSA) for various school projects, and an
additional $3.0 million for construction of the Piedmont Regional Education
Facility (PREP). Participation in the bond issue requires that both the
September 2, 1998 (Regular Day Meeting)
(Page 23)
000205
School Board and the Board of Supervisors adopt a resolution authorizing
application to the VPSA. It is anticipated that the School Board will adopt
the resolution at its meeting on August 24, 1998, and the Board of Supervisors
on September 2, 1998. The required application has been submitted to VPSA
because there is a September 2, 1998, deadline for the filing. A number of
actions (resolutions, public hearings, approvals) will be required between now
and November, 1998 to meet the requirements of VPSA and to maintain their time
schedule. The required documents will be submitted to the Board as received
by the Director of Finance from the County's bond counsel.
Mr. Tucker said the authorization maximum being requested is $7.6
million, which is approximately five percent more than the principal amount of
the bonds required. Representatives of VPSA are considering new methods of
structuring local bond financing, including the possibility of allowing
original issue discounu bonds, and have advised staff to add a five percent
cushion to the amount authorized. Staff recommends that the Board adopt the
resolution.
Mr. Perkins asked if $3.0 million is the total cost of the PREP facil-
ity. Mr. Tucker said it is the maximum amount they anticipate. He is not
sure that amount is sufficient. Mr. Perkins asked how the County shares the
cost with the other entities. Mr. Tucker said the County is the fiscal agent,
and the agreements with the other localities call for reimbursement as part of
their funding based on a per capita for debt service.
Mr. Marshall asked abut the five percent cushion. Ms. Thomas said that
is almost $400,000. Mr. Davis asked that Mr. Breeden explain the ~'cushion".
Mr. Breeden said it is unlikely the requirement will affect Albemarle County.
A number of localities want to issue shorter term bonds dealing with equip-
ment, which has a shorter useful life. In some cases, they will want to issue
"original issue discount bonds" which will require that the bond issuer be of
a larger size in order to have a net proceeds ouu of the bond issue. Realis-
tically, for Albemarle County it has no impact, but at the recommendation of
bond counsel everybody is to include that in their resolution in case it does
have any affect. The County actually needs $7.2 million, and that will be the
amount of the bond issue.
Mr. Marshall asked if the five percent has to be included in order to
make it work. Mr. Breeden said the State is issuing these bonds, so Albemarle
doesn't have any say so in the matter. This has been the State's recommenda-
tion to everybody.
Mr. Bowerman asked if the bonds are resold. Mr. Breeden said ~'yes".
Mr. Bowerman asked if this could be part of the conditions to make them
marketable. Mr. Breeden said that is what the State hopes for. They are
envisioning some benefit of being able to get a cheaper rate in certain areas.
Mr. Bowerman suggested the Board follow the advise of counsel.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to adopt
the following resolution ratifying the filing of an application to the
Virginia Public School Authority for a loan in the principal amount not to
exceed $7.6 million. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
RESOLUTION RATIFYING THE FILING OF AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A
PRINCIPAL AMOUNT NOT TO EXCEED $7,600,000
WHEREAS, the Board of Supervisors (the "Board") of
Albemarle County, Virginia, (the "County"), in collaboration with
the Albemarle County School Board, has determined that it is
necessary and desirable for the County to undertake various
capital improvements for its public school system; and
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
000 06
September 2, 1998 (Regular Day Meeting)
(Page 24)
1. The Board hereby ratifies the filing of an application with the
Virginia Public School Authority for a loan to the County in a principal
amount noE to exceed $7,600,000 to finance various capital improvements for
its public school system. The actions of the County Executive, in
collaboration with the other officers of the County and the Albemarle County
School Board, in completing and delivering an application to the Virginia
Public School Authority are hereby ratified.
2. This resolution shall take effect immediately.
(Note: At this time, the Board moved ahead to Agenda Item No. 16.
Agenda Item No. 15 will follow discussion of this item.)
Agenda Item No. 16. Presentation of "An Acquisition of Conservation
Easements' Program for Albemarle County", dated September 2, 1998, from Albe-
marle County's Purchase of Development Rights Committee, Phase I Report.
Mr. Marshall invited Ms. Sherry Buttrick, Chairman, Purchase of Develop-
ment Rights Committee, to speak about this Phase I report. She said that in
April, 1997 the Committee was charged to develop program goals, criteria and a
funding mechanism for a possible Purchase of Development Rights Program for
Albemarle County. They were to develop a consensus in the community, and to
create the informational literature the program would need. The first phase
of that work is complete. They need some direction from the Board at this
point before going forward with work to develop a community consensus on the
particulars of how such a program would work. They studied existing programs
in other states and other localities. The only existing program in the
Commonwealth is a program in Virginia Beach.
Ms. Buttrick said the Committee concluded that it is desirable and
feasible to have such a program for Albemarle County. It decided that in
contrast to the agricultural farmland protection programs which most locali-
ties have put into place, an open space program is more suitable to Albemarle
County. The County's Comprehensive Plan deals with a broader base of natural
resource goals. They feel it would be better to not target just farmland,
but rather the spectrum of open space resources. The criteria developed
reflects what the Committee thinks those resources should be in deciding
which properties would be selected for participation in this program.
Ms. Buttrick said the mechanism for purchasing development rights is
a conservation easement. For that reason, the Committee suggested that an
Acquisition of Conservation Easements (ACE) program, is needed. It must be
made clear from the outset that this is a conservation easements programs,
and that is always the mechanism that will be used to purchase development
rights. It was an assumption of the Committee that the purchase of develop-
ment rights program would be just one method to protect rural areas. The
intent is to supplement the land use planning regulations already in place,
the gift of conservation easements program already in place with the Out-
doors Foundation, participation in Ag/Forest Districts and parklands fee
simple acquisition. The Committee does not want this program to be thought
of as a replacement for any of those programs. The Committee wanted a
flexible program which would allow a wide range of properties to apply. For
that reason, the eligibility is very minimal. It is expected that a broad
spectrum of properties would apply, so a point system for ranking the
properties has been developed. Points would be assigned for natural
resource values such as size of property, frontage on a scenic road or a
scenic river, biological or historic resources, whether it is a working
farm, etc. The point system would also establish what is appropriate to pay
for a conservation easement.
Ms. Buttrick said she will go over the mechanisms for how the Committee
thinks the program should be organized. This is a conceptual discussion at
this time and some of the particulars may need to undergo change in the
months to come. The program would be organized as a program within the
County Planning Department, especially for the first couple of years. The
Committee anticipates the need for a portion of a person for staff. They do
not believe it would take a full-time employee for the program. The staff
would have to market the program and seek grants from foundations and also
private contributors to augment any appropriations from the County. The
easement holder would be the Public Recreational Facilities Authority of
Albemarle County. That body is set up to do exactly what should be done and
to be an independent holder in the County. That qualifies under the Open
September 2, 1998 (Regular Day Meeting)
(Page 25)
000 07
Space Land Act and is well-suited to do this. The Committee approached the
Authority and they are willing to hold these easements if directed by the
Board of Supervisors to do so. The Committee contemplates there being an
Oversight Commission, something like the Committee that now exists. Its
purpose would be to make adjustments in the criteria from time to time to be
sure the criteria flow with the new Comprehensive Plan, and to ensure fairness
and maximize efficiency of the program and to harness some of the energies in
the private sector now doing volunteer work on this effort. The Committee
contemplates there being easement terms. The most important would be a
density of no more than one house per 100 acres. That could still be adjusted
somewhat in terms of exactly how that would be put together, whether it be
minimum 100 acre lots or simply a 100-acre density, so five acres could be cut
off leaving a residual as a larger farm.
Ms. Buttrick said for a financing plan, the Committee recommends that
the zero coupon installment purchase plan be pursued. This is the plan that
Howard County, Maryland (they were the pioneers in this program) has used, and
that Virginia Beach, Virginia, has adopted. The Committee recognizes that the
financing plan will have to be modified for use by a county in Virginia. She
has been working with Mr. Davis and Mr. Breeden to figure out how that adjust
Mr - a$~;~ -
ment should be made. · ~owerman~e~ that is in terms of future obligations
to future boards. Ms. Buttric~%~'~heW~m~ajor problem with counties in
Virginia is their being unable to incur long-term debt. Should it not be
possible to adapt the zero coupon mechanism, which has enough positives that
it is worth trying, it would be possible to run a purchase of development
rights program on a pay-as-you-go, cash basis. It would mean that only ease-
ments could be bought with the amount of money the Board appropriated each
year. It would not be as good as the other program. Mr. Marshall asked if it
would be a one-time payment. Ms. Buttrick said "yes." The property owner
would lose those installments over time that put off the capital gains tax.
It may be the only way to do the program. Mr. Marshall said if the County
made that one-time payment to an individual, what length of time would that
one-time payment cover. Ms. Buttrick said if the County has to go with a pay-
as-you-go cash basis, the entire financing year-to-year, long-term plan in the
report, must be foregone. Mr. Marshall asked if the plan is then only good
for one year. Mr. Bowerman said it only moves that land into the program.
Ms. Buttrick said it is then an outright purchase instead of purchase over a
period of time. Mr. Marshall said in that case, the land can never be
developed. Ms. Buttrick said that is correct. Mr. Bowerman said it is paid
for in year one in totality. Ms. Buttrick said it is then over and done with
in the first year.
Mr. Marshall said he understood the program was going to be more of a
rent-type program. Ms. Buttrick said that is the financing plan the zero
coupon bonds would enable. Mr. Marshall said that would then be on a year-to-
year basis. Mrs. Thomas said it would be a permanent purchase at the time,
the payment would be made year to year. Mr. Marshall said it would guarantee
an income for an individual for a year.
Ms. Buttrick said the Committee recommends a funding level of $1.0
million a year. They believe this is the most conservative approach to
creating a meaningful program. Virginia Beach has a program of $3.0+ million.
The Committee is aware that most existing programs are funded at a higher
level. Land in Albemarle County is slightly less expensive than in some other
localities. The Committee did not want to create a program which would
necessitate a tax increase. They do caution that a token program funded at a
significantly lower level would do more harm than good and should be avoided.
Mr. Martin asked the reason for that recommendation. Ms. Buttrick said
the Committee feels it creates false expectations if a program is advertised
and when applications are received, nine out of ten people are disappointed.
The program then gets a bad reputation for being a false expectation. Mr.
Marshall said there is a cap on the income of people so it will not make the
rich richer. Ms. Buttrick said it is not exactly a cap, but in the criteria
the Committee has suggested financial considerations would be given a double
set of points. They propose that only those applicants of a median income or
less for Albemarle County be given maximum points, and that if someone is at
70 percent of that median, they would receive additional points. She person-
ally had to defend before the committee that the gift of conservation ease-
ments program of the Outdoors Foundation not be discouraged. That program has
been successful over the last 30 years. The Committee does not want to pay
for something which has been given freely up to this point. The income tax
deduction is a good incentive for one sector of the market. It is inappropri-
September 2, 1998 (Regular Day Meeting)
(Page 26)
000; 05
ate for other sectors of the market. It is those family farms to whom a lower
scale income tax deduction is non a benefit that they were trying to target
through this program.
Ms. Buttrick said whan has been presented today is a conceptual render-
lng of the program. The next step is to refine the technical details with
staff. She is working with County staff to get information to run examples to
see how the criteria would actually work. She hopes to have information from
the Zoning Department in the next week or two. The Committee would like to
refine the details with staff, run some examples to see how they work, and
then take this program (if the Board decides to do so) to any individual or
group that is interested to see if a consensus can be developed on the details
of the program.
Ms. Buttrick then introduced Mary Heinricht from Virginia Beach to
discuss their program. Ms. Heinricht said people from Howard County, Mary-
land, and Lancaster, Pennsylvania, came to Virginia Beach to explain to
Council how their programs worked. Virginia Beach adopted its program in May,
1995. It was done during the budget process that year, and created a dedi-
cated financing source to purchase development rights from prime agriculture
land and forest land. Virginia Beach is in quite a different situation being
the largest city in the State and the fastest growing city on the Eastern
seaboard. In 30 years, Virginia Beach grew from 80,000 in 1983 to 430,000+ at
the moment. Half of Virginia Beach's farmland disappeared during that time.
At the time that Council started to consider the program, there were only
32,000 acres of farmland left in active agriculture and it was under great
development pressure. Virginia Beach has the largest concentration of
military bases in the counnry, and so has a constant pressure for growth. If
something was not enacted that created a permanent situation, they knew there
would be no farmland left. Virginia Beach had ~dopted a "green line" urban
service boundary in 1979, and that was the limit where Council agreed they
would not provide publicly-funded infrasEructure beyond that point. That was
coming under great pressure to be breached under this continuing development
pressure. They looked for programs that would be another tool to help with
the comprehensive plan, the green-line zoning, etc. They looked around the
country for a program that worked. They found that agricultural conservation
easements was successful. It was started in Long Island. California has
significant programs, but mostly states in New England were the early pioneers
of the program.
Ms. Heinricht said they found that programs are used for different uses.
Martha's Vineyard has a purchase of development rights program to preserve the
visual character of the vineyard. They are preventing subdivision of the
larger lots so that it will always look like Martha's Vineyard. In Boulder,
Colorado, they adopted a program to create a recreation belt around Boulder.
Beyond that point they have their rural land. The Virginia Beach program was
done at a point where it had to do everything. If the program had begun 20
years earlier, it might have been quite a different program. They pay full
market value for the easements. There is an appraisal system and then they
subtract the farm value from that which is $900 an acre, and they pay full
value for the easement. They use the installment purchase agreement process.
Doing that they spend about 20 cents on a dollar so at the beginning of the
program, they were able to buy more lands than had been anticipated. Since
the program began, over 5000 acres have been approved for permanenE easement.
Another 1800 acres are in the review process now. There has been a constant
supply of applications. A few applicants have not accepted the offers made,
but they are generally small parcels which back into Back Bay and are below a
five-foot elevation. They have little development potential and people
thought that land was worth more than it ms worth. Some of the oldest farms
in Virginia Beach have come into the program. Virginia Beach has much smaller
parcels than those in Albemarle. Their average parcel is about 55 acres.
They don't have large vistas, they have only prime soils. They don't have
stones or hills because they are mainly flat. The program has been well
received, and they hope that some other localities in the State will adopt
similar programs so everybody can go to Richmond and get a State program
adopted.
Ms. Heinricht said she has been speaking around the State. She has been
to New Kent, Hanover, Powhatan, Loudoun, Albemarle counties, and the city of
Chesapeake. She offered to answer questions.
Mr. Martin asked about the $900 figure for farmland. Ms. Heinricht said
at the beginning of the program, they had two appraisers go through some
September 2, 1998 (Regular Day Meeting)
(Page 27)
000209
practice appraisals to be sure the system was correct. They tested the point
system, and they did a study throughout the United States looking at incomes
from farmland, values, comparable sales in the Virginia Beach area, at its
land use taxation system and $900 was what they felt was a fair value for
assessment purposes. Everyone recognized that in the Virginia Beach area no
one could buy an acre of farmland for $900, so it was a mean point between
what they felt was fair market value and the land use assessment.
Mr. Marshall asked the assessed value for farmland in Virginia Beach.
Ms. Heinricht said they have paid from $1400 an acre (actual value $2300 an
acre) up to $5400. They have a new property which has come in for evaluation
which has been appraised at $16,000 an acre. It is right against the develop-
ment line at the corner of Sandbridge Road and Princess Anne Road. There is
an elementary school across the street. There is very high density housing
next to it and it is some of the best farmland in the city. Virginia Beach is
now looking at whether to have a cap on the program for that very developable
area. They have an area called a transition zone where they knew not everyone
would want to be in the program. It does allow some limited development, but
they wanted the program for the few farmers in that area who wanted their
children to continue to farm.
Mr. Steve McClain, the Committee member from the Chamber of Commerce,
spoke next. He said from the perspective of the Chamber, the proposal is
well-crafted and well-thought out. He hopes it will be used as a tool to help
protect some of the rural character of the area which has eminent public value
as well.
Mr. Marshall said he supports this idea. His only concern is where to
get the money without raising taxes. Mr. Tucker said staff will have to look
into that question, and he believes it will be able to offer some options for
the Board to consider.
Mr. Perkins said the Board owes Ms. Buttrick a great deal of debt for
the work she has done. She has managed to keep the Committee headed in one
direction, and did a tremendous amount of work putting all the information
together. He said there are a lot of questions which need to be answered. He
thinks the Committee is asking that the Board accept this report as Phase I
and then proceed to Phase II to try and work out such things as financing.
Mr. Marshall said he believes a consensus of the Board is needed stating
that the Board wants to go ahead with this program so Mr. Tucker can find the
$1.0 million needed to get the program started.
Mr. Bowerman said if the Board thinks this is in principle a good idea
and decides to take this to the next step, the funds would be generated from
an 'increase in property values and existing tax rates, etc. He said that in
order to implement a program like this and to stay consistently at some level,
there may be the possibility that additional funds will be needed. Mr.
Marshall said for every house built in Albemarle County, the $1.00 in taxes
that house pays costs the County government $1.50 in infrastructure. There-
fore, the County will save a considerable amount of money by limiting the
number of houses being built through this process.
Mr. Marshall said he is willing to commit himself at budget time to $1.0
million. He believes that in the long-run it create a tremendous savings for
the County. He is looking forward to getting other counties to do the same
thing, and then maybe getting some support from the State either being able to
levy an additional tax or even in funds directly from the State. In order to
get it started, he believes the Board needs to make that commitment.
Mr. Bowerman said the Committee made a valid point that there is
whole quiver of arrows" that are necessary in order to deal with the land use
problems this community is facing. The County needs as many as it can get,
and needs as much from outside of the County as possible. The Board also
needs to demonstrate that there is an internal commitment.
Mr. Martin said there are many arrows, but this is the first one where
the County would be "putting its money where its mouth is." He believes this
is important and he is more than willing to make a commitment.
Mr. Bowerman said he is hearing that the Board cannot commit to just one
year. There has to be some mechanism that this can be implemented over a
series of years. Ms. Thomas said that is the sort of technical thing the
September 2, 1998 (Regular Day Meeting)
(Page 28)
000210
staff will have to work out. Mr. Davis said if the Board chose the zero
coupon bond route, that is a complicated procedure to get out of. Basically,
the Board would be locking future boards into doing a level of commitment to
this program from a financial standpoint.
Mr. Marshall said staff just needs a consensus from the Board that that
is what it wants to do. Mr. Tucker said he believes staff has gotten a
consensus today that all of the Board members are supportive of doing some-
thing. Staff will continue to work with Ms. Buttrick and the Committee to
refine some of the technical issues and then start looking at options for
funding. At that point, if it doesn't come to $1.0 million, the Board can
decide if it wishes to support it beyond just the revenues currently projected
for the General Fund.
Ms. Humphris said based on cost benefit and what the citizens have said
they want the Board to do, this is now a win-win situation even though the
Board would be spending tax dollars of one kind or another. The Board has
said for a long time that it wanted the right to do this, then it got the
right, and has now slowly crept up on the doing. She thinks the public would
be pleased with this program as one of the arrows the Board hopes to exercise.
Mr. Bowerman said this report on the first phase of the Committee's work
is in line with what the Board needs to do before the Committee goes further.
The Board needs to recognize the work which has been done, and buy into the
concepts that have been presented. Ultimately there will be detail changes as
the work proceeds.
Ms. Thomas said she appreciates the Committee's work on this program.
This seems to be a good program after a lot of false starts.
Mr. Marshall said he does not hear anyone saying they are opposed to the
concept. It appears there is a consensus from the Board to proceed. He
thanked all of the Committee members who were present at the meeting.
Mr. Perkins said the Committee has done what they were instructed to do.
That was, to bring in a program using existing State law. He said the
existing State law is antiquated, it is complicated, and he thinks the Board
needs to work on the General Assembly to get some laws changed.
(Note: At 11:45 a.m., the Board recessed, and reconvened at 11:55 a.m.)
Agenda Item No. 15. Presentation: Albemarle Housing and Development
Program (AHIP) Strategic Plan 1998.
Ms. Theresa Tapscott, Executive Director, was present to thank the Board
for its support of AHIP and its programs. She said they want to show a video
made possible by Hantzmon Weibel & Company, First Virginia Bank and an
anonymous AHIP Board member.
Mr. Nick Munger, President of AHIP s Board, said Ms. Tapscott is now the
Chairman of the Virginia Housing Coalition which is the most significant
organization of volunteer affordable housers in the state. She is also Chair
of the newly-formed State Trust Fund Committee which is trying to build an
affordable housing trust fund on a statewide basis. He said that as President
of AHIP and in working with Ginnie McDonald of the Housing Office, he would
like to say how important it has been that the Board acknowledged the need for
finding new sources of funding in the housing area, and the Board or Supervi-
sors commitment to the County housing trust fund. It is a substantial first
step for the County to take, and is something AHIP can point to when working
regionally with neigh-boring counties in cooperation with the Piedmont Housing
Alliance and other regional groups. Albemarle County is a forerunner in the
state in its support of affordable housing.
Mr. Bowerman said he appreciates AHIP putting what the Board does in
perspective. The only thing this Board can view is what it does and what it
ms criticized for not doing enough of. Mr. Martin agreed.
Mr. Munger said the video touches on that briefly. AHIP has been around
for 20 years and it has been thought of as an improvement program for existing
housing, emergency repairs and rehabs. In just the last year or two, as the
new certification plan has pointed out, AHIP has changed organizationally even
to the point of contemplating a change of name. For the first time, this is
September 2, 1998 (Regular Day Meeting)
(Page 29)
O002: .:L
an organization where initiatives are being taken in different directions than
just fixing existing housing. Just yesterday, AHIP got a letter from VHDA
committing $400,000+ for financing for a nine-unit scattered site, rent-to-own
project they have applied for several times. The Board probably does not
realize how exceptional it is in terms of supporting housing on a statewide
basis.
Ms. Humphris said that is very refreshing to hear. Ail the time she
hears that Albemarle does nothing in the area of affordable housing. Every
person who says that to her, she find~ ~e~ey know absolutely nothing about
what the County's programs are, and the distance the County has come in the
eight years since she has been a Board member. AHIP is now a totally differ-
ent organization. Many strides have been made in positive direction toward
home ownership and rehabilitation. She thinks all the players should be
congratulated.
Mr. Munger said Ms. Tapscott is trying on a statewide basis to make sure
the Board of Supervisors is recognized for its efforts. The video was then
reviewed by the Board.
Mr. Bowerman asked how the video will be used. Ms. Tapscott said AHIP
does have one ma]or fund-raising event coming up. They are going to raffle
off a house. The Kessler Group has agreed to work with them to find a lot in
a good subdivision. Vito Cetta, one of the Board members, is going to build
the house for cost, and they will raffle it off. This idea will be taken to
community groups, civic organizations, churches and businesses and market the
house raffle, and let people know who they are.
Mr. Bowerman asked if AHIP had approached the public television stations
about running the video. Ms. Tapscott said they will. The producers of the
video are working with the new Charlottesville television station, and they
are interested.
Mr. Bowerman asked what commercial time would cost locally. Ms.
Tapscott said they have not gotten that far yet. Mr. Tucker suggested using
the public access cable channels. Mr. Marshall said he is glad to see the
video. He has seen a lot of it. in his lifetime, and that is one reason he is
sitting on this Board.
Mr. Munger said that AHIP Board members who have connections back to the
neighborhood will be asked to assist in taking this video to different
committees, etc. Mr. Marshall said there are a lot of people in the County
who live like this, and the vast majority of people do not know about those
situations. Ms. Tapscott said there are a lot of people throughout Virginia
who live like this. Mr. Marshall said Albemarle is one of the wealthiest
counties in the state. Ms. Tapscott said one of the objectives statewide is
selling housing as an economic development tool, as well as an educational
tool. They believe that everything starts at home. If you don't have a home,
it is hard to keep a job. If you don't have a place to study, it is hard to
excel in school.
Ms. Thomas said it is a fact that rural housing is almost always hidden
when there is substandard housing. In 1975 when the first housing survey was
done in Albemarle, she drove around the County and saw the most incredible
housing conditions.
Mr. Martin asked where land comes from for the houses AHIP builds. Ms.
Tapscott said it comes from the family, or they try to find affordable lots
they can buy and hold for a short time. Mr. Martin asked the average size of
a lot. Ms. Tapscott said in the rural areas, it is two acres. Mr. Marshall
said he knows that a lot of people in the City of Charlottesville live in
worse conditions. Ms. Tapscott said it is everywhere, although the problems
are different in the City. There are not the indoor plumbing problems in the
City that exist in the County.
Mr. Bowerman asked about the interface between the Piedmont Housing
Alliance (PHA) and AHIP. Ms. Tapscott said PEA is still in the developmental
phases. There are resources available sometimes that are not necessarily
available just to Albemarle County. These funds might be available on more of
a regional basis. PHA is an organization specializing in housing. It is
trying to become a clearinghouse for those types of resources. AHIP is more
of a bricks and mortar implementer of programs and direct contact with
clients. PEA is more of a receptacle for resources.
September 2, 1998 (Regular Day Meeting)
(Page 30)
000 .2
Mr. Bowerman said they made a request to the Board to approach it more
on a regional basis' and to coordinate the different activities currently going
on. The Board of Supervisors agreed that was a good way to do it. Ms.
Tapscott said there are housing organizations in all of Planning District 10.
Over the past three or more years, these organizations have come together as a
group. PHA is to provide the funding for these activities. AHIP, which is
the largest organization and has the most experienced staff, shares its
expertise through hands-on consulting with some of the smaller groups.
Mr. Marshall thanked everyone for coming and presenting this report for
AHIP.
Agenda Item No. 18. Executive Session: Personnel Matters.
At 12:30 p.m., motion was made by Mr. Bowerman, that the Board go into
Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia under
Subsection (1) to consider appointments to boards and commissions. The motion
was seconded by Ms. Humphris.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 19. Certify Executive Session. At 2:46 p.m., the Board
reconvened into open session.
Motion was immediately offered by Mr. Bowerman that the Board certify by
a recorded vote that to the best of each Board member's knowledge only public
business matters lawfully exempted from the open meeting requirements of the
Virginia Freedom of Information Act and identified in the motion authorizing
the executive session were heard, discussed or considered in the executive
session.
The motion was seconded by Ms. Humphris. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
NAYS: None.
Agenda Item No. 17. Discussion: Virginia Coalition of High Growth
Communities.
Mr. Tucker said that on June 19, 1998, a group of several hundred
elected and appointed staff members from various cities and counties across
the Commonwealth gathered in Fredericksburg, Virginia, to explore the possi-
bilities of forming a coalition of high growth communities to more effectively
present their issues and recommendations on the impacts and solutions to
growth-related issues to the General Assembly. Subsequent to that meeting,
several additional organizational meetings were held by the High Growth
Coalition which has now begun to formulate specific issues and draft legisla-
tion for consideration.
Mr. Tucker said that on August 5, 1998, this Board passed a resolution
of general support for the High Growth Coalition indicating its willingness to
work together. On August 9, 1998, the High Growth Coalition met to begin
reviewing special legislative directions the Coalition wanted to support.
Under consideration at this meeting were five specific pieces of legislation:
(1)
(2)
(3)
(4)
(5)
Impact fees for school construction;
Adequate public facilities;
Limitation on the use of special exceptions in certain counties;
Vested rights; and
School construction funding.
Mr. Tucker said it is the staff's opinion that the County's efforts
should focus on an achievable agenda. The likelihood of the General Assembly
advancing the broad legislative package identified by the Coalition is
September 2, 1998 (Regular Day Meeting)
(Page 31)
0002:1.3
doubtful unless it can be embraced statewide by a much broader coalition of
interests. Although each of the issues are important, the proposals, as
presented, have serious flaws that hinder either their adoption or implementa-
tion. The one idea which merits greater analysis is the issue of school
construction funding. A common problem of all high growth communities is the
challenge of building new or larger schools. It would be advantageous for the
Coalition to advance a proposal which would allow the General Assembly's
support of education to be directed at financially assisting the building of
schools in the growth localities which are, in fact, generating a significant
amount of the Commonwealth's revenue growth. There is optimism that this
issue could be favorably received in the 1999 General Assembly. Staff
believes the Coalition should focus on that issue.
Mr. Tucker said staff recognizes that Albemarle County faces significant
challenges in its attempt to reasonably manage growth and to require that
growth be supported without substantial property tax increases. It is likely
that under current enabling authority, growth management will continue to be a
difficult task and the County's fiscal stress will continue to increase.
However, compared to other high growth localities, Albemarle County's growth
management successes and tax rate are very favorable. Staff believes it may
be easier for other high growth localities to more dramatically make the case
for the Coalition's agenda.
Mr. Tucker said staff recommends that the Board continue its support of
the Coalition but seek to have the Coalition narrow its 1999 legislative focus
on legislation that will increase school construction funding for high growth
localities. The broader legislative agenda should be further studied to
develop a strategy to increase its base of support so that it can be success-
fully advanced in future years with legislation that is viable and effective.
The Board and staff should continue to provide input to the Coalition and
participate in the formulation of strategies.
Mr. Tucker said Ms. Thomas met with this group yesterday and he asked
her to give an update. Ms. Thomas said the group talked in terms of strate-
gies. The meeting on the 25th is not an invitation-only event. The group
wants to make a presentation to Delegate Keating's Committee which is looking
at the impact of population growth on communities. The strategy is to have
each county which wants to do so, give a short presentation on what growth is
creating despite what is being done to manage growth. Then there will be a
request to the General Assembly to look at the bills which are pending; the
ability to turn down a development where public facilities are not ready in
that area, the ability to assess impact fees, particularly for the building of
schools; a special use permit issue which is in front of Fauquier County; a
clarification of the vested rights bill that passed last year which eliminates
the county's ability to deal with changed conditions; and, more money for
school construction. The main emphasis would be on more money for school
construction. The umbrella organization will say it does not support or even
regard all five of these issues as equally important, but these are the kinds
of things it is interested in the legislature looking at. If the Board wants
to participate, that is what it would be part of.
Mr. Tucker said Albemarle County may not want the legislation as
currently written for impact fees even if the legislation were successful.
Staff will develop some language for this one. Ms. Thomas said if VACo is
successful, all of these pieces of legislation would be a local option.
Mr. Marshall asked what the Board is to do with the report today. Mr.
Tucker said staff needs directions. Ms. Thomas is willing to make the presen-
tation. Staff will develop language for whoever is going to present it and
let the Board members see it before the 25th. Ms. Thomas said the Keating
Commission wants certain facts and figures in writing by the llth but that
does not have to be the County's presentation.
Ms. Humphris said the interesting thing to her is that the same people
who complain about the tremendous growth rate are recruiting growth and
development.
Mr. Bowerman asked if the Board will receive a codification of this from
the subcommittee that is working for the coalition, or is this the final
version. Ms. Thomas said the Board will get a copy after the fact. This
Board will only receive a copy of Albemarle's presentation. Ms. Thomas said
the five basis issues were in the staff's report.
September 2, 1998 (Regular Day Meeting)
(Page 32)
000£14
Ms. Humphris said she found the staff report to be very insightful. It
pointed out that the Board should not "jump in feet first" but should go
slowly and easily so the County does not show up in a bad way. In her mind it
will take a lot longer than between October and January to put a legislative
package together properly with the focus that they are talking about. What
they are talking about is having the elected representatives be the major
lobbyists in Richmond on the various bills that will be introduced. She does
not believe there is sufficient time to do that properly and effectively. She
does not want this group to "fall flat on its face" and fail. She does not
think there is enough time to do all of those things for this next session of
the General Assembly.
Mr. Tucker said staff does not need any action. The consensus he has
heard from Board members is that the Board is generally supportive. Staff
will bring back a couple of statements for Ms. Thomas to present on the 25th.
Agenda Item No. 20. Appointments.
Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to appoint
Ms. Martha R. Tarranu to the Regional Disabilities Services Board for a term
to expire on July 1, 2001, to replace Mr. Thomas Jakubowski whose term had
expired.
Mr. Martin offered motion to appoint Mr. David T. Paulson to the Jordan
Development Corporation for a term on August 13, 1999, to place Ms. Lisa Glass
whose term had expired. The motion was seconded by Ms. Humphris.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and
Ms. Humphris.
None.
Agenda Item No. 21. Other Matters Not Listed on the Agenda from the
Board.
Mr. Perkins said he had talked with several volunteer firemen who
expressed a concern about rumors they had heard about funding. He would like
for the Board to have an update on the fire and rescue function, and a list of
plans for that division.
Ms. Thomas mentioned the regional planning summit to be held on Septem-
ber 10, 1998, from 5 p.m. to 9 p.m. at Westminster-Canterbury. They hope to
get some of the outlying counties acquainted with Albemarle, and vice versa.
Albemarle zs a little more sophisticated in its land use planning, so it
should be useful all around. There seems to be quite a bit of interest in
this meeting.
Ms. Thomas mentioned a proposal by ValuAmerica to build a new building
just west of Piedmont Tractor Company and employ 1500 people who would be
using Route 250 West for ingress and egress. Staff is talking to them about
various alternative ways to get people into and out of that site without just
building a large enough parking lot for people to park there. She does not
know what ability staff has to negotiate with them as to the number of parking
spaces they have to build. The number of spaces is probably already set by
the ordinance. Mr. Tucker said there is a standard requirement based on
square footage depending on the type of use. It would actually require some
type of Board of Zoning Appeals amendment in order to offer a reduction in
that standard. There would need to be a basis for that, unless the ordinance
were amended. Without the parking being provided, people will park on the
curb, or off the road, or anywhere they can stop a vehicle.
Mr. Bowerman asked if an application had been filed. Mr. Perkins said
it is a by-right use. Mr. Cilimberg said they have not applied yet, but have
just been making Inquiries. Ms. Thomas said it is a question of whether the
County's own ordinances will make it difficult to get alternatives at the
beginning of the project.
September 2, 1998 (Regular Day Meeting)
(Page 33)
000215
Mr. Martin said he looks at what goes on in the City. At his place of
employment there is only 40 percent of the amount of parking needed. The only
thing that happens is that people block people in. Lots of time when he is
late to this meeting on Wednesday mornings it is because he went to work
early, and when it was time to leave, he had to ask 10 people to move their
cars. Not having adequate parking spaces doesn't stop anything. He does not
think you can ask people to do what you don't do yourself.
Ms. Humphris said it is easier if there is a transit system in place
that works. Mr. Marshall said there needs to be a uniform work schedule for
all of the employees also.
Ms. Thomas said she did not want to be totally specific on this company.
It was just an example of whether or not the County has the ability to deal
with this sort of situation.
Mr. Marshall said he would not be present for the September 9, 1998,
Board meeting.
Agenda Item No. 22. Adjourn. At 3:15 p.m., with no further business to
come before the Board, the meeting was immediately adjourned.