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HomeMy WebLinkAbout1997-04-02April 2, 1997 (Adjourned Meeting) (Page 1) 0003 3 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 2, 1997, at 8:30 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: Mr. Charles S. Martin. Agenda Item No. 1. The meeting was called to order at 8:35 a.m., by Mr. Bill McDonough, Dean of the School of Architecture at the University of Virginia. Agenda Item No. 2. Roundtable Discussion on University of Virginia and Community Interaction. Mr. McDonough said this is an informal meeting called to talk about an idea in its incipient moments. He has invited Stroud Watson from Chattanooga, Tennessee, Director of the Riverfront/Downtown Planning and Design Center, to speak this morning. He knows the design center there through a number of meetings talking about the future of that city. It occurred to him to invite Mr. Watson to come to Charlottesville to talk about a city and a county and a region envisioning its own future. Mr. McDonough said he would like to look at the idea to which all are fully committed in principle by asking the question "what is design in the next century going to be about?" What is design if it is not the first signal of human intentions? If that is the case, what are our intentions? How could we all, as designers, see ourselves and create a resource center that allows us to envision our own future in a way that looks for the rightful, ethical and responsible way to find our place in both the human and natural world? The idea is to take projects being proposed, take areas that need to be examined, take issues that are in front of the public, and be able to render them visible. That means to put them in front of everyone in a way that they could be understood and brainstormed, examined, and where linkages could be forged. Unless the public is informed about the nature of the making of things, there is no way they can intelligently comment, or contribute. This idea of an informed public was central to Mr. Jefferson's notion. The idea of useful knowledge is an important one. If we are going to look at the nature of planning and design in the future, we must realize it is changing. No longer will professionals come in and say ~this is the way to do it." There will be a much messier process which engages a lot of people and a lot of ideas so democracy can actually play itself out~ The idea from a design prospective is to look at that. Mr. McDonough then introduced Mr. Watson and said he will speak this morning about his experiences in Chattanooga. Mr. Watson said it is a privilege to be here in this city, and particularly to be living, for a very few minutes, on Mr. Jefferson's Lawn. The Lawn represents all of the values one would expect to find in the community through its relationship with nature and its relationship with man. It is a civilized place formed for collective values, with edges that inform. But, as he went through the city, he did not see where more than 200 years has had a lot of effect on the attitude and the opportunities here. Mr. Watson said Chattanooga did not have that opportunity in the real sense. Chattanooga was an industrial town with a long history of having very heavy industry. It had enormous problems with the environment, with race relationships and union relationships. There was a lot of tension. When he returned to'the United States from England fifteen years ago, he had an idea of coming back to a university and forging a relationship. He had been the coordinator of City Design, Planning and Implementation for the last new town created in England known as Milton Caines. That city was designed, planned and built and attracting ten thousand people each year. He felt it was very important to come back to America and get a relationship with a community and a university that recognized that we can and must design our cities, that we must think collectively, that we must have a vision of what we are, what we have been in the past, and where we can go if we work together. Approved by the i County Supervisor 0003X4 April 2, 1997 (Adjourned Meeting) (Page 2) Mr. Watson said the most precious thing we have inherited is our footprint. We are the stewards of that footprint, both the relationship of the city itself and its relationship to the country and the county surrounding it. It is our responsibility to make that the best it can be for all citizens. That is a collective responsibility. The most important thing we can do is understand where we are, why we are here, and build on that because every place is a special place. At this time in our civilization there is an enormous amount of homogeneity and yet now is the time for people to be responsible citizens and to have a community that is meaningful to them. Mr. Watson began a slide presentation at this time. He said he started as a single person funded by a private foundation in the City of Chattanooga and the University of Tennessee. He did not have the exact relationship that is present in Charlottesville. Chattanooga is 100 miles away from the University of Tennessee. He was very much out on his own and that was a good thing. He started in a room half the size of this board room on a back street in Chattanooga and opened the doors to as many people as he could get to come in, and the story began with "what are we? Where have we been? Where are we now and where can we go?" Mr. Watson said the natural things inherited are of importance. For Chattanooga it was a river and the history of how that river had been used, how the river had been abused, and how the city grew to the edge of the river, retreated from it, and then grew back to it. At the end of the slide presentation, Mr. Watson answered questions from members of the audience. Mr. McDonough thanked Mr. Ken Schwartz, Mr. Maurice Cox and Mr. Bill Harris from University faculty for helping to pull this meeting together. Also, representatives from the city, and especially the Board of Supervisors for letting this presentation be made this morning. He asked if there were any comments from the Supervisors or anyone from the City. Mrs. Humphris thanked Mr. McDonough for making it possible for the Board members to be present. (Note: A complete transcript of the presentation is on file in the Clerk's Office.) Agenda Item No. 3. Adjourn. With no further discussion of this topic, at 10:10 a.m. the meeting ended. Chairman lard of I April 2, 1997 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 2, 1997, at 10:30 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: Mr. Martin. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg. Agenda Item No. !. The meeting was called to order at 10:32 a.m., by the Chairman, Mrs. Humphris. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. PUBLIC. There were none. Other Matters Not Listed on the Agenda from the Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Bowerman, seconded by Mrs. Thomas, to approve Items 5.1 through 5.6 and to accept the remaining items as information. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. Item No. 5.1. Appropriation: Education (Donations and Grants), $11,819.61 (Form ~96063) . The Executive Summary indicated that at its meeting on March 10, 1997, the School Board approved the following four appropriations: 1) $5,000 for Stone Robinson Elementary School - received through an anonymous donation. This donation is to be used to purchase shoes for the marching band, refurbishing band uniforms and a drum set; 2) $250 from the Sycamore House Studio Art Shop for the County schools. This donation is to help defray the cost of the Fine Arts Festival held February 23 through March 9 at Fashion Square Mall; 3) $4,923.66 for the EDWAA GED Grant. Piedmont Community College, Economic Dislocation and Worker Adjustment Assistance Act, General Education Grant (EDWAA GED) would like to extend the EDWA3% GED preparation classes provided by Albemarle County Adult Education for their clients. These classes have been offered for the last several years ended in November 1996. Due to an increase in available funds an extension of these classes is requested through June 1997; and 4) Reappropriation of $1~645.95 for the EDWA3~ GED Grant. The EDWAA GED has a fund balance in the amount of $1,645.95. These funds will be used to support EDWAA GED classes that were held July through August 1996. Staff recommended approval of the appropriations in the total amount of $11,819.61 as detailed on appropriation #96063. Mr. Perkins said, although it is great, he did not know Stone Robinson had a marching band. Mrs. Humphris said she did not know that any of the elementary schools had marching bands. It is wonderful that there are citizens who are willing to help make that possible. The Board adopted the following Resolution of Appropriation in the amount of $11,819.61, by the above shown vote: FISCAL YEAR: 1996/97 AU3MBER: 96063 FLrND: SCHOOL/GRANT PURPOSE OF APPROPRIATION: DONATIONS TO SCHOOLS/EDWAA GED GRAi~T/EDWA3% GED REAPP. 0003 . April 2, 1997 (Regular Day Meeting) (Page 2) EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1225161101580000 MISC. EXPENSE $5,000.00 1211161311601300 ED/REC SUPPLIES 250.00 1311663348132100 1311663348210000 1311663348601300 1311663348132100 1311663348210000 EDWAA GED GR/LNT EDWAA GED GRANT P/T WAGES 4,510.48 FICA 365.18 ED/REC SUPPLIES 48.00 P/T WAGES 1,529.02 FICA 116.93 TOTAL $11,819.61 REVENUE DESCRIPTION AMOUNT 2200018100181109 DONATION $5,000.00 2200018100181109 DONATION 250.00 2311633020330019 EDWAA GED GRANT 4,923.66 2311651000510100 EDWAA GED GRANT-REAPP. 1,645.95 TOTAL $11,819.61 Item No. 5.2. Appropriation: General Fund (Republican Primary, $18,165) (Form ~96064) . The Executive Summary indicated that a state-wide Republican Primary has been called for June 10, 1997. Adjustments in the Registrar's budget will be necessary to cover the extra expense of conductin~ this primary. Staff recommended approval of the Appropriation ~96064 in the amount of $18,165.00. The Board adopted the following Resolution of Appropriation in the amount of $18,165, by the above shown vote: FISCAL YEAR: 1996/97 ~ER: 96064 FUND: GENERAL PURPOSE OF APPROPRIATION: REPUBLICAN PRIMARY. EXPENDITURE COST CTR/CATEGORY 1100013020120000 1100013020129100 1100013020130000 1100013020210000 1100013020312510 1100013020350000 1100013020360000 1100013020390000 1100013020520100 1100013020520300 1100013020540200 1100013020550100 1100013020600100 1100013020601700 DESCRIPTION AMOUNT 10 OVERTIME WAGES CUSTODIAL WAGES PARTTIME WAGES FICA ELECTION OFFICIALS PRINTING & BINDING ADVERTISING OTHER PURCHASED SERVICES POSTAL SERVICES TELECOMMI/NICATIONS LEASE/RENT TRAVEL-MILEAGE OFFICE SUPPLIES COPY SUPPLIES 3 1, TOTAL $18 $700.00 210.00 525.00 95 ,620 275 180 ,950 70 100 125.00 140.00 100.00 75.00 ,165.00 O0 O0 O0 O0 O0 O0 O0 REVENUE DESCRIPTION AMOUNT 2100051000510100 GENERAL FUND BALANCE $18,165.00 TOTAL $18,165.00 Item No. 5.3. Appropriation: Department of Social Services Multiple Response System Grant, $10,000 (Form #96065). The Executive Summary indicated that the Department of Social Services was selected as one of five agencies statewide to pilot a new Child Protection system authorized by the 1996 General Assembly called The Multiple Response System (MRS). Virginia is one of six states implementing a multi-tract system April 2, 1997 (Regular Day Meeting) (Page 3) and is seen as the state with the most potential for success by the National Committee to Prevent Child Abuse. The startup phase of the program authorizes up to $10,000 to assist the department. MRS is a three track system consisting of a 1) referral tract, 2) assessment tract and 3) investigative tract. The current system of child protection is crisis oriented with the Department of Social Services carrying the primary responsibility for protecting children. Additionally, the system has a single response to all reports of child abuse and neglect, e.g. investigation and a finding based upon available facts in the case. This results in a perception that the community is not responsible and, that in order to be consistently fair, the system must be prescriptive, homogenous and crisis oriented, responding only to incidents of maltreatment. MRS allows for a response to indicators of anticipated problems as well as to incidents of abuse and neglect. It also sets a process for full community acceptance of the responsibility for protecting children and allows the department, as part of the community system, to have the capacity for multiple responses. MRS is a means to recapture the essence of what CPS is meant to do, i.e., to help abusive/neglectful families make changes that enhance their strengths and their ability to nurture their children, thus allowing them to grow and develop in safety. The current system has responded to vocal opponents by increasing its attention to the rights of the adults who are labeled by the system. Ensuring these rights has centered around the Central Registry of names and incident information that is maintained by the state for up to eighteen years from the date of the complaint. The focus of this has increased to the point where notifications, evidence collection, documentation and appeals have eclipsed the nature of work with families. MRS allows the system to self-adjust so that attention to the alleged's rights is maintained when the consequences are grave, yet allows these protections to be set aside when the abuse/neglect is not serious and Central Registry entry is not needed. Most cases brought to the attention of CPS fall into the "not serious" category. Funds will be used for treatment services through Children, Youth and Family Services, as well as Region Ten CSB Outreach Program. Critical to the success of the program is public information, especially since surrounding localities will still be maintaining the current system while Albemarle moves into the new system. Public information services, such as brochures, copying and postage will also be funded by the grant. The program officially began March 1, 1997 and the pilot continues for three years. Anticipated outcomes are: 1) Community involvement and ownership; 2) preventing unnecessary involvement of families with CPS through provision of community-based alternatives; 3) appropriate response of CPS which will prevent abuse and neglect, support the family and first, do no harm; 4) increase the safety of the children who come to the attention of the system; and 5) decreased incidence of abuse/neglect through prevention efforts (assessment tract). Staff recommended approval of Appropriation #96065 in the amount of $10,000 for the Multiple Response System in the Department of Social Services. Mrs. Thomas noted that April was Child Abuse Prevention Month.. thanked staff for putting together the multiple response system grant addressing child abuse. She Mrs. Humphris added that prior to attending a recent function to kick off Child Abuse Prevention Month, she was on the internet to look at up-to- date data, and found it overwhelming. It is difficult to understand why anyone would abuse a child, and it was very eye-opening to see the data on physical, sexual and emotion abuse. The Board adopted the following resolution of appropriation in the amount of $10,000, by the above shown vote: FISCAL YEAR: 1996/97 NUMBER: 96065 FUND: GENERAL PURPOSE OF APPROPRIATION: PROGRAM. SOCIAL SERVICES MULTIPLE RESPONSE PILOT 0003, 8 April 2, 1997 (Regular Day Meeting) (Page 4) EXPEND I TLIRE COST CTR/CATEGORY DESCRIPTION AMOUNT 1100053013310000 1100053013520100 1100053013550100 -1100053013600100 1100053013601700 1100053013800100 1100053013800300 PROFESSIONAL SERVICES POSTAL SERVICES TRAVEL-ROUTINE OFFICE SUPPLIES COPY SUPPLIES MACH. & EQUIP. COMMUNICATION EQUIP. $5,230.00 320.00 100.00 300.00 2~000.00 1,500.00 550.00 TOTAL $10,000.00 REVENUE DESCRIPTION AMOUNT 2100024000240605 MRS-GRANT REVENUE-STATE $10,000.00 TOTAL $10,000.00 Item No. 5.4. Appropriation: OAR Management Information Systems Grant, $4,225 (Form ~96066) . The Executive Summary indicated that the Virginia Department of Criminal Justice Services (DCJS) has approved a mini-grant for Community Corrections and Pretrial agencies to purchase computer hardware and related equipment. This grant is part of the current DCJS effort to acquire computers for Community Corrections and Pretrial staff. The DCJS grant is $4,225. There is no local match. Additional funds are not required. Staff recommended approval of Appropriation #96066 in the amount of $4,225. The Board adopted the following Resolution of Appropriation in the amount of $4,225, by the above shown vote: FISCAL YEAR: 1996/97 NUMBER: 96066 FUND: GRANT PURPOSE OF APPROPRIATION: DCJS GRANT. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1152229406800700 COMPUTER HARDWARE $4,225.00 TOTAL $4,225.00 REVENUE DESCRIPTION AMOUNT 2152224000240000 STATE CATEGORICAL AID $4,225.00 TOTAL $4,225.00 Item No. 5.5. Proclamation proclaiming April as Fair Housing Month. The Executive Summary indicated that April is Fair Housing Month and Albemarle County's Office of Housing planned a brief celebration for Wednesday, April 2, to recognize the progress towards equal opportunity housing that has been made possible by the Fair Housing laws. Albemarle County will celebrate its commitment to fair housing with festivities to be held in the lobby of the County Office Building from 9:00 a.m. until 12:00 noon, with refreshments and educational materials for distribution. The day's events will include a proclamation to be adopted by the Board of Supervisors. This year's formal program on Fair Housing Accessibility will be held April 23 at the Sheraton Inn, Doubletree, and is jointly sponsored as a state- wide conference with seven state housing or related organizations. The County wished to acknowledge Mr. W. A. Pace, Jr%, for his advocacy on behalf of affordable housing efforts and to dedicate this second Fair Housing Month Proclamation to him. For example, as a founding member of the County's Housing Committee,' Mr. Pace's dedication to the issue of housing education resulted directly in the creation of the County's Comprehensive Housing Counseling Program and the HOME BUYERS Clubs. April 2, 1997 (Regular Day Meeting) Page 5) Staff recommended approval of the Fair Housing Month Proclamation. Mrs. Humphris read the following proclamation and presented it to W. A. Pace: WHEREAS, April, 1997, marks the twenty-ninth anniversary of the passage of the Fair Housing Act of 1968 which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans; and WHEREAS, the ongoing struggle for dignity and housing opportunity for all is not the exclusive province of the Federal government; and WHEREAS, vigorous local efforts to combat discrimination can be as effective, if not more so, than federal efforts; and WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, that diminish the rights of some citizens diminish the rights of all; NOW, THEREFORE, BE IT RESOLVED, that in the pursuit of the shared goal and responsibility of providing equal housing opportunities for all men and women, the Board of County Supervisors of Albemarle County, Virginia, does hereby join in the national celebration by proclaiming APRIL, 1997 FAIR HOUSING MONTH and encourage all agencies, institutions and individuals, public and private, in Albemarle County to abide by the letter and the spirit of the Fair Housing law; and RESOLVED, that Mr. W. A. Pace, Jr., has been an advocate for the housing needs of lower income residents, and was a founding member of the Albemarle Housing Committee, AND FURTHER RESOLVED that this second annual proclamation is dedicated to Mr. W.A. Pace, Jr., upon the occasion of his retirement and in recognition of his contributions to the County's affordable housing efforts. Signed and Sealed this 2nd day of April, 1997. (Mr. Pace thanked the Board for placing such a high priority on the Housing office, and recognized that staff is well organized and prepared to move forward.) The Board adopted the proclamation, by the above shown vote. Ms. Ginny McDonald, Housing Coordinator, handed out "Fair Housing Opens Doors" button and copies of the Real Estate Weekly magazine which included an article on Fair Housing. Ms. McDonald said that without Mr. Pace's commitment to housing education, the County would not have the comprehensive housing counseling program that is in place today, nor would there be a HOME BUYERS' Club. She extended on behalf of the Housing staff their appreciation for his ~ncouragement. She added that the dedication of the proclamation is important. She recently attended the funeral of Ms. Rhellen Perry, to whom last year's proclamation was dedicated, and a copy of that proclamation had been displayed at her home following the funeral since it was so important to Ms. Perry. Item No. 5.6. Set public hearing for May 21, 1997, to amend and reordain Chapter 12, Motor Vehicles and Traffic, Article 1, in General, of the Code of Albemarle. The Executive Summary stated that amendments to Chapter 12 of the County Code would expand and clarify the parking rules and regulations of. the County. April 2, 1997 (Regular Day Meeting) (Page 6) The ordinance grants police officers expanded authority to issue parking tickets and fire marshals authority to enforce fire lane violations. Police officers currently are limited in their authority to issue parking tickets county-wide. Officers can issue parking tickets for only a "No County Decal" or "Parking in Handicapped Parking Space" and ~Fire Lane Violations." Albemarle County requested and received authority from the General Assembly in 1995 to grant expanded authority for issuing of parking tickets. The ordinance expands the type of violations where officers may issue parking tickets. Currently officers are required to have a driver sign a traffic summons before enforcement action can be taken for routine parking violations (other than those offenses listed above). This is labor intensive since officers must try and locate or wait for a driver who is illegally parked. Granting officers the authority to issue parking tickets will allow officers to take enforcement actions for parking violations more quickly and efficiently by placing the violation notice on the vehicle. Officers would be granted the authority to enforce such items as: parking on any sidewalk; parking in front of a driveway; double parking; parking in a loading zone as indicated by signs or markings; parking on a bridge; parking in a marked crosswalk, blocking a fire hydrant. As development in the County has increased, so has traffic and parking- related problems. Many parking violations have been incorporated into the ordinance based in response to citizen concerns. Staff recommended that a public hearing be set to consider amendments to Chapter 12, Motor Vehicles and Traffic Ordinance for May 21, 1997. The Board set the public hearing to amend and reordain Chapter 12, Motor Vehicles and Traffic, Article 1, in General, of the Code of Albemarle, for May 21, 1997, by the above shown vote. Item No. 5.7. Copy of letter dated March 17, 1997, from Ms. Millicent Holbert, Engineer Trainee, Department of Transportation, to Mr. John K. Pollock, re: Route 692, was received for information and is set out below. ~This is in response to the January 28, 1997 letter regarding your January 11, 1997 letter. As a result of the traffic study, the findings of the investigation recommend establishing a buffer speed zone of 35 miles per hour (mph) between the statutory 55 mph and 25 mph speed zones on both the eastern and western portion of the study area. This would ease motorists into the 25 mph speed zone and address concerns from Batesville residents and Albemarle County Police. The Albemarle County Police have indicated by telephone that they support this recommendation. As mentioned in the January 11, 1997 letter, the new state legislation policy and procedures for installing maximum penalty signs for speeders in certain residential districts is the following: 'To initiate these procedures the county or town shall request, by resolution of local governing body, that VDOT install the appropriate signs as stipulated in 46.2 - 878.2 of the Code of Virginia. This request shall be submitted to the local VDoT resident engineer in the form of a resolution, along with the following support data. Support Data Requirements: Identification of the neighborhood and specific highway(s) where the signs are requested to be installed; 2 o Confirmation that the highway(s) meet the definitions of local residential and collector streets as described above; and April 2, 1997 (Regular DaY Meeting) 000321 (Page 7) 3. Notification that a speeding problem exists and that the increased penalty has community support.' These are the procedures your committee needs to adhere to install advisory signs." Mrs. Thomas said Batesville residents do not want the County to move forward on the maximum penalty sign at this time, because they want to get more of a community consensus. She said this is an interesting prospect to consolidate some of their signs and also put up notice of the kind of penalty that can be levied for breaking the speed limit. They are also interested in traffic calming techniques in Batesville. Item No. 5.8. Copy of letter dated March 13, 1997, from Mrs. A. G. Tucker, Resident Highway Engineer, to Mrs. Richard Cogan, indicating that V/DOT has scheduled litter pickup along the Route 250 Bypass during the month of April, 1997, was received for information. Item No. 5.9. Letter dated March 17, 1997, from the Honorable George Allen, Governor, to the Honorable Charlotte Y. Humphris, regarding Senate Bill 814, was received for information. (In his letter Governor Allen indicted that Senate Bill 814 [Dark Skies legislation] was passed by the legislature.) Item No. 5.10. Copy of letter dated March 24, 1997, from Ms. Amelia G. McCulley, Zoning Administrator, to Mr. Steve Chidsey, Director of Solid Waste, Rivanna Solid Waste Authority, re: Official Determination of Use - Transfer of Activities at the Ivy Landfill, was received for information. Item No. 5.11. Letter dated March 11, 1997, from Mr. Ray Lazorchak, Director, National External Audit Review Center, Department of Health & Human Services, re: audit report for the period ended June 30, 1996, was received for information. Item No. 5.12. January 1997, Financial Report, was received for information. Item No. 5.13. Copy of Planning Commission minutes for March 18, 1997, was received for information. Item No. 5.14. Copy of minutes of the Board of Directors of the Rivanna Water & Sewer Authority for February 24, 1997, was received for information. Item No. 5.15. Copy of minutes of the Board of Directors of the Albemarle County Service Authority for February 20, 1997, was received for information. Item No. 5.16. Letter dated March 26, 1997, from Ms. Angela G. Tucker, Resident Engineer, Department of Transportation, to Ms. Ella W. Carey, Clerk, re: transportation matters that were discussed at the February 5 and March 5, 1997, Board meetings, was received for information and is set out below. "We offer the following comments regarding transportation matters that were discussed at the February 5 and March 5, 1997, board meetings: Discussed shoulder maintenance at Gemini Trucking entrance on Route 240 with area superintendent. He will review for repairs and coordinate directly with Gemini Trucking as necessary. We have installed a STOP sign on Northwood Park Road (private road) at the corner with Pritchett Road (state April 2, 1997 (Regular Day Meeting) (Page 8) maintained) per Mr. Martin's request. Subsequent maintenance of this sign is the responsibility of the private road owners. Several drainage ditches along Carrsbrook Drive have been cleaned to allow for positive drainage. Information regarding the status of the Route 614 (Sugar Hollow Road) bridge projects, including design waivers and channel work, is still outstanding. The through truck restriction on Georgetown Road (Route 656) was adopted by resolution from the Commonwealth Transportation Board on March 20, 1997. Signing will be installed by April 28 1997. Additional reflectors have been installed along the guardrail at Millington Bridge on Route 671. We contacted Ms. Ophelia Trimiar and discussed her concerns regarding new guardrail on Routes 250 and 708. We have included these needs on our guardrail schedule priority list. We have submitted a restriping request for Route 20 south to our district road painting crew for attention. Mr. Charlie Williams will provide a most recent status of the deceleration lane project from 1-64 to PVCC at the April 2nd board meeting. We are currently reviewing the Senior Center's request for pedestrian crosswalks at Greenbrier Drive and Hillsdale Drive." Item No. 5.17. Copy of letter dated March 27, 1997, from Ms. Angela G. Tucker, Resident Engineer, Department of Transportation, to Mr. Jack Kelsey, Department of Engineering, re: West Leigh Rural Addition, was received for information and is set out below. ~This is to summarize our recent meeting of March 19, 1997, concerning the potential rural addition of a section of West Leigh Drive in Albemarle County. As we discussed, the section of West Leigh Drive from Route 250 to Leigh Way would be eligible for acceptance into the state secondary system under the Rural Addition Program. Termination at Leigh Way is necessary for an appropriate turnaround for both maintenance use and public service. In an effort to begin this process there are several requirements which must be met and are outlined as follows: Dedication of a minimum 40' of unencumbered right of way, including necessary drainage easements, must be obtained and recorded for public road use in the name of the Commonwealth or the County of Albemarle. It is understood that the Department is pursuing the portion of right of way controlled by the railroad and believes that conveyance for use will take place relatively soon. It is suggested that the road right of way be identified by survey and platted by others so that a clear indication of the rights of way is identified. Upon receipt of appropriate right-of-way, a commitment and endorsement must be obtained from the Albemarle County Board of Supervisors, by means of a formal resolution. This resolution should request acceptance of this section of West Leigh Drive into the secondary system and identify a commitment to allocate secondary funds for necessary improvements. It is estimated to cost approximately April 2, 1997 (Regular Day Meeting) (Page 9) 00032,3 $180,000 to install lights and gates at the railroad crossing and improve drainage and pavement items to minimum standards. We are all well aware of the competing needs for limited secondary funds throughout Albemarle County and feel it appropriate to point out that Albemarle County has only utilized the Rural Addition Program once in the past 20 years. If it is the County's desire to move forward with this,request, the outstanding items must be addressed. As to the funding requirements, it is our suggestion that this office work with Mr. Cilimberg, County Planning Director. We will identify a funding strategy that will have minimal impact to scheduled advertisement dates for previously programmed projects within the Six Year Plan." Agenda Item No. 6a. Transportation Matters: Update: Widening of Route 20 South. Mr. Charlie Williams said he was present because Mrs. Angela Tucker was at a conference. Mr. Williams said the Board's request to the Highway Commissioner and the Commonwealth Transportation Board (CTB) for funding of this project was made at the March 14, 1997 Primary Preallocation Hearing. Items to be included in the Six Year Plan will not be known until the first of June. At that time VDOT will provide a further report. VDOT requested that aerial photography be taken of the alignment of Route 20 from 1-64 to the new school entrance, and expects photographs to be available in six to eight weeks. VDoT has also began field survey collection points from existing plans to get topography information so that some of the preliminary engineering work will be done. This should be completed within the next two to three months. Mrs. Tucker will provide an update by the first of June. Mr. Marshall asked if this road will be completed by September, 1998, when the new school opens. Mr. Williams said VDOT presented that information along with the County's request, and VDOT's support for it, to the CTB. An answer is expected by June. Mr. Marshall said residents of the Lakeside apartment complex are concerned that when the road is widened, water will runoff and back up on their property. One road already has a water problem. He asked who will be responsible for the road since it is located on private property and the County cannot expend public funds to upgrade private roads. Mr. Williams responded that plans are preliminary, and it is too early to know what the water increase will be in the future. Preliminary engineering studies will identify any affects to the watershed runoffs, and, if it is necessary because of additional flow rates, VDOT will adjust pipe size, install a stormwater management pond or retention facility, etc., at the state's expense. Agenda Item No. 6b. Discussion: West Leigh Drive - CSX Railroad Crossing (continued from March 1, 1997). Mr. Williams said V DOT sent the County a letter on March 27, 1997, recapping a meeting with citizens and staff to identify concerns. Some issues discussed were the right-of-way dedication and a resolution from the County supporting the action. A critical link was the railroad easement issue. Just before this meeting CSX faxed V DoT a letter saying they will sign an agreement providing the easement, should it be the County's desire to move forward with the rural addition. There is a stipulation that the road must be improved with warning lights and gates. Mrs. Humphris asked who would fund that expense. Mr. Williams responded that the work can be done as part of the improvement for acceptance of the road into the Secondary System, using secondary funds. Mrs. Thomas said a meeting was held several weeks ago to consider a federal program that pays 80 percent of the cost of improvements to railroad crossings if there are safety issues involved. One person at the meeting said this crossing was not enough of a safety concern to be considered in that April 2, 1997 (Regular Day Meetihg) (Page 10) program. Mrs. Thomas thought developing a crossing would cost $100,000. However, first the road must be improved to the point that it would be eligible for VDoT improvements and be taken into the Secondary System. A portion can be taken in now, but landowners would have to donate rights-of- way. The homeowners are moving forward with the road. The cost for the Improvements is $200,000. VDoT has mentioned the Rural Road Program, but there are no funds available. Mrs. Thomas said CSX Railroad is cooperating with the landowners. In a letter to Mr. Jack Kelsey, of the County Engineering Department, Mrs. Tucker said VDoT is prepared to make sure this does not push back current County projects. Mr. Williams said there are no new monies. VDoT examined funding schemes within existing programs and guidelines and can make recommendations, but would prefer to discuss funding strategies with County staff. Examining projects slated to occur in the next year, he said there is a 70 percent funding requirement before VDoT can construct or advertise projects. VDoT believes it can provide this funding for projects currently on the list. If the Board desires to move forward with this addition, some of the money within the Six Year Plan can be allocated to the Rural Addition Program. This would meet advertisement and construction dates on projects .already in the Six Year Program, while still allowing additional West Leigh improvements. Mr. Tucker said Mrs. Tucker has not yet met with staff, and Mr. Cilimberg has received no communication regarding this issue. Revenue Sharing monies can also be taken into account to finance this project without changing other road priorities. The survey must be completed, as part of the resolution requirement, and the project must be financed. Mrs. Thomas said she has an interest in this item since she lives next door to West Leigh Subdivision. This decision affects many families, school buses and emergency vehicles. The Commonwealth's Attorney has stated that she does not have a conflict of interest. She added that she will probably be required to donate some land. Mrs. Humphris summarized the steps that need to be accomplished. Homeowners have to agree to donate their rights-of-way, which is in process. CSX needs to donate their right-of-way, which has been done. The railroad crossing must be brought up to current standards, for which staff will try to find funding. If all these things are accomplished, that section of the road will be brought into the state system up to a terminus in front of Mrs. Thomas' house. Mr. Davis mentioned that some improvements must be done to the road surface. Current drain pipes need to be upgraded and improved along with the surface. This still falls within the estimated cost of $180,000. Mrs. Humphris asked if it was safe to assume that VDoT and County staff will work together on this project. Mr. Williams said his staff will arrange a meeting soon. Mrs. Thomas said the alternative is Old Ballard Road, which will not support the traffic. It is a winding road. that is already overused, it has several one-lane bridges, and it floods easily. Mr. Williams agreed there is a tremendous need for these improvements. Mr. Williams said V DoT is 'performing traffic counts on Old Ballard Road and Route 250 and hope to have data available next month. Mr. Whitley commented that another alternative CSX provided him is to install crossing gates, at a cost of $100,000. If the homeowners agreed to that, they would face $4,250 yearly fees, plus $7,00 to $10,000 per year for a $3.0 million general liability bond~ and would have to sign a private road crossing agreement. He then read excerpts from this agreement. Agenda Item No. 6c. Other Transportation Matters. Mrs. Thomas asked for an update on last month's request for guardrails in two places on Routes 250 and 708. The :Route 250 area 'is reached by going east just past the stores in Ivy, up the hill, and on the right. There is quite a drop off and cars have slid off the road during bad weather. Route 708 is the road that goes over to Peacock Hills from Morgantown Road, and, in some places, it is a nightmarish road. Mr. Williams said VDoT's traffic engineer went out yesterday to examine several guardrail requests, and the April 2, 1997 (Regular Day Meeting) (Page 11) restriping of Route 20 with pavement markings. He should present his report by the middle of next week, and V DoT will follow up in its status letter. Mrs. Thomas said work on Route 682 is complete except for being paved. Mr. Williams said VDoT plans to overseed again this week. Mrs. Humphris asked for an update on the tree cutting on Route 20 North, just beyond Broadus Memorial Church. She visited the area and could not understand the purpose of the tree cutting. She talked to Mr. Bill Mills, of VDoT, who told her the trees were cut because they shaded the road in the winter, preventing snow and ice from melting quickly, and to prevent the trees from falling onto the road. Mrs. Thomas said she received a telephone call from someone concerned about trees being cut down in the medians on Route 29 North. The caller said that VDoT cut huge trees and left the low scrub trees. Mr. Williams said these are two separate initiatives. Regarding Route 20, if there is trouble in winter months, the following spring, VDoT cuts the trees that overshade the road, or, if complaints are received, to let sunlight hit the road. VDoT's policy is to limit the selection of vegetation to cut to four inches or below. He is not sure why the larger trees were cut in this case, and said they do not use clear cutting often. He will look into this and report back to the Board. The Route 29 north project is a District Environmentalist Project, and is somewhat of an experiment. The goal is to leave the area in a parklike setting, clearing underbrush, but leaving larger established trees. VDoT also received a call regarding larger trees being cut. He is also looking into this and will report back to the Board. Mrs. Thomas asked for an update on the Sugar Hollow bridges. Mr. Williams said the Chief Engineer granted a design waiver to allow 18 foot timber structure bridges, which allows the County to post the area as a single-lane road. In addition, a timber guardrail system will be installed. VDoT is behind in its design track, and it may be July before they advertise for construction bids. Mrs. Humphris said the Board appreciates VDoT's support. Mrs. Humphris said the request for no through-truck restriction on Georgetown Road has been approved by the Commonwealth Transportation Board, and signage will be installed by April 28. This is a'major benefit to that neighborhood that could not have happened if VDoT, Culpeper and other members of the Task Force had not supported the undertaking. The Task Force continues to push for crossings and other items they deem necessary. Mrs. Humphris asked Mr. Williams what VDoT's policy is on voice mail and e-mail, since it is difficult to reach personnel. Mr. Williams said his office have access to the Internet effective Monday, and they will also be able to receive e-mail. Currently only he and Mrs. Tucker can send and receive e-mail. Additionally, three other individuals are getting voice mail. NonAgenda. Mr. Tucker introduced Mr. Bill Mawyer, the newly hired Director of Engineering and Public Works. Mr. Mawyer said he looks forward to serving the people of Albemarle County. Mr. Tucker also thanked Mr. Jack Kelsey for serving as Acting Director of the department. Agenda Item No. 7. 11:00 a.m. - Public Hearing on a requeSt to abandon Cree Road located in Crozet, Virginia. (Advertised in the Daily Progress on March 17 and March 24, 1997.) (Mr. Bowerman said he would abstain from participating in this discussion since his company sold fitness equipment to the applicant, although the Commonwealth's Attorney indicated there was no conflict of interest. He then left the meeting room at 11:20 a.m.) April 2, 1997 (Regular Day Meeting) (Page 12) Mrs. Humphris opened the public hearing. Mr. Cilimberg referred to the staff's report from last month, and said the staff recommends approval of the request. Mr. Spainhour asked what was the route number of the road. Mr. Davis said there was no route number since it was not a state road. Mr. Page Williams spoke on behalf of the applicant, Mr. Hunter Craig. He said that adjoining property owners are in favor of the request, as is CSX Railroad, who would like to see the crossing closed at that location. The Rivanna Water and Sewer Authority has an alternate access for maintenance of utility lines. An agreement was worked out with the applicant to use the roads in Highlands West. There being no one else present to speak, Mrs. Humphris closed the hearing. Motion was offered by Mr. Perkins, seconded by Mr. Marshall, to adopt the proposed resolution to abandon Cree Road. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSTAIN: Mr. Bowerman. ABSENT: Mr. Martin. (The adopted resolution is set out below:) RESOLUTION WHEREAS, the Board was requested by a citizen to abandon a section of an old road not in the State Highway~or Secondary System; and WHEREAS, the Board, on February 5, 1997, ordered that this matter be advertised for public hearing in accordance with Virginia Code §§33.1-156 through 33.1-166; and WHEREAS, after holding a public hearing on April 2, 1997, the Board is satisfied that no public necessity exists for the continuance of the section of road as a public road; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that "Cree Road" be abandoned to public use as per the following description: UA fifteen foot public road (Cree Road) established on August 8, 1880, Minute Book 25, Page 187, displayed in Deed Book 190, Page 506, beginning on the southern boundary of a thirty foot prescriptive easement for State Route 240 laying east of Crozet, Virginia, and one-half mile west of Highland Drive (Route 1240); thence meandering in a southerly direction approximately two-tenths of a mile across the property line separating the west Highlands West Limited Partnership parcel from the eastern Adelaide W. Spainhour parcel; ending on the northern boundary of an eighty foot CSX right-of-way." (Mr. Bowerman returned to the meeting at 11:24 a.m.) Agenda Item No. 8. Discussion: Business and Professional License Tax Amendment for Real Estate Brokers/Agents. Mr. Tucker said changes in state law mandated that busi'neSses With less than $100,000 in gross receipts be exempted froTM the license tax and provided for the imposition of a license fee which was set at $50 by a recent amendment to the County Ordinance. Specific changes related to real estate brokers and agents were recommended by staff which required the brokers to pay 100 percent of gross receipts with no deductions, and exempted agents from a license tax. Staff's intent was to keep the total license revenue from this occupation relatively revenue neutral April 2, 1997 (Regular Day Meeting) (Page 13) ~ and reduce the administrative costs by exempting approximately 240 agents from the license tax. The Broker's Association had requested that the County Ordinance be amended to return to the way the license was enforced prior to those amendments. This would mean that the brokers would be able to deduct commissions paid to all agents, no matter whether the agent was subject to the license tax or not. Since the majority of the agents will only be subject to a $50 fee, this change would result in approximately $25,000 loss of revenue from the business license tax. This change would also require that the Ordinance reimpose the license tax on the agents, requiring the filing and processing of approximately 240 applications at a $50 fee to collect $12,000. Staff intends to retain the current level of revenue and reduce the number of applications. The process was accomplished with the previous amendments; however, staff acknowledges this has resulted in substantial reallocation of this tax burden. If the Board is receptive to the amendment proposed by the brokers, any revenue lost for 1998 could be provided from the County's fund balance, if necessary. Mrs. Thomas asked if it was feasible for brokers to assist the County in collecting license fees. Mr. Melvin Breeden, Director of Finance, said his department would still have to mail the applications, make sure they are completed and pay the dues. Mrs. Thomas asked what the administrative cost would be. Mr. Breeden replied that the Finance Department would probably break even. Mrs. Humphris pointed out that the County would save $12,000 in the process. Mr. Breeden said the proposal to reimpose the license fee back on brokers would cost the County $25,000; and by eliminating licensing the agents, the County would lose $12,000. Mr. Marshall asked if $12,000 is lost on license, the County would not have to spend another $12,000 to collect it. Mr. Breeden agreed. Mr. Marshall asked if this would reduce staff. Mr. Breeden responded, "Not immediately." Mr. Davis said the reason for the fee is to cover the cost of issuing licences. By licensing people who make less than $100,000 in gross receipts, the County could charge a fee to recoup the costs of issuing the license since people making less than $100,000 cannot be taxed. Mr. Tucker commented the County must be careful about treating one sector of the economy differently than other business people. Mrs. Thomas asked how many other people could be affected by these licensing fees. Mr. Breeden replied that 3,500 to 4,000 people could be affected. Mrs. Humphris said the independent contractor status is important to this industry, and she would like to have the public hearing. Motion was offered by Mrs. Thomas, seconded by Mr. Bowerman, to set the public hearing for May 7, 1997 on the Business and Professional License Tax Amendment for Real Estate Brokers/Agents. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 9. Discussion: Request to set a public hearing to amend the service area boundaries of the Albemarle County Service Authority to provide water only to Key West Subdivision located on Tax Map 62, Sections 62B(1) 62B(2), and 62B(3), Cedar Hills Subdivision located on Tax Map 62, Section 62C. Mr. Cilimberg said the applicant, Key Commercial, Inc., requests jurisdictional area designation for water only service to Key West Subdivision located on Tax Map 62, Sections 62B(1), 62B(2) and 62B(3) and Cedar Hill Subdivision located on Tax Map 62, Section 62C. These two subdivisions are located off Route 20 (Stony Point Road) just north of the Neighborhood Three Development Area and consist of a total of 228 lotso The applicant has stated that the request for the water only designation is due to the primary well serving the subdivisions being contaminated with a gasoline additive called Methyl Tertiary Butyl Ether (MTBE) . Also, the applicant added that the Department of Environmental April 2, 1997 (Regular Day Mee'Li~g) Quality (DEQ) has not been able to determine the source of the MTBE and that the Virginia Department of Health (VDH)-Office of Water Programs recommends that the Albemarle County Service Authority (ACSA) furnish water to these subdivisions as a solution. According to a letter dated March 7, 1997 from Mr. Bill Brent, ACSA Executive Director, the applicant has attempted to drill additional wells, but they did not produce the'Water quantity needed to serve the neighborhoods. Also, Mr. Brent added that putting a treatment system on the contaminated well will be a costly project and its long term effectiveness is uncertain. The subject property for this request is not within a Development Area. The Comprehensive Plan provides the following concerning water ~ervice in the Rural Area: General Principle: Utilization of central water and/or sewer systems or the extension of public water or sewer into the Rural Area is strongly discouraged except in'cases where public health and safety are at issue. Recommendation: Only allow changes in jurisdictional areas outside of designated Development Area boundaries in cases where the property is: (1) adjacent to existing lines; and (2) public health or safety is endangered. Mr. Cilimberg said the subject property is not located adjacent to a water line. The nearest line is a 12-inch water line (Pantops water line) located approximately 6,000 feet south of the subdivisions that runs along Route 1421 (Elk Drive), just south of Darden Towe Park. Verification of endangerment to public health and safety has been provided. The applicant has actively sought alternative solutions to provide a replacement system by attempting to find a new well(s) to serve the neighborhoods. The VI)H Office of Water Programs has confirmed ground water contamination and has indicated that the best alternative to serve the subdivisions is a connection to the Pantops water line. Staff believes that the effect on the intent of the Comprehensive Plan of an amendment is minimal in that the jurisdictional area for public water will only be designated for those parcels in the Key West and Cedar Hill subdivisions currently served by the Key West Water Company. For these reasons, staff recommends proceeding to public hearing to consider amending the jurisdictional area map to allow for water only designation for the Key West and Cedar Hills subdivisions located on Tax Map 62, Sections 62B(1), 62B(2), 62B(3) and 62C. Mrs. Humphris noted that the Health Department's Key West Subdivision Corrective Options Report gave the production for wells ~3 and ~4 (the uncontaminated wells) as one producing approximately 15 gallons per minute and the other producing approximately 19 gallons per minute, for a total of 27,000 gallons per minute. She said these figures do not add up correctly. The totals need to be correct to prevent setting a precedent. Mr. James W. Moore, III, District Engineer from the Virginza Department of Health for the Thomas Jefferson Planning District, said the 27,000 gallons figure is correct. The confusion is when someone looks at how much water could be pumped over a 24-hour period at 34 gallons per minute, which was the combined capacity of the two wells. An individual cannot pump ground water wells for 24 hours per day and expect that yield to be sustainable over a long period of time. The Department has established a procedure requiring one half-gallon per minute of well yield per equivalent residential connection, which has a usage of 400 gallons per day. Wells ~3 and #4 together pump tested at a combined yield of 34 gallons a minute. At one-half gallon a minute per equivalent connection, the result is 68 equivalent connections that VDH would allow that amount of water to serve over a long period of tmme. 27,000 gallons per day is the production for the two combined wells, which ms somewhat less than half of the 50,000 to 60,000 gallons per day used by Key West and Cedar Hills now. Mrs. Humphris said she does not understand how it relates to yield, if the subdivision needs one-half gallons of water per minute, per day, per equivalent connection. Mr. Moore responded th&t a yield and draw down test is run on the well, which is where the 15 gallons per minute and the 19 gallons per minute came from. That is what the wells were producing after 48 hours of continuous pumping, which is defined as a reliable yield. From experience, he knew there'was ~o way the wells can be pumped 24 hours per day continuously and expect the yield to hold up. Mrs. Humphris asked what factors are consider'ed when determining April 2, 1997 (Regular Day Meeting) (Page 15) the final figures. Mr. Moore said after the gyrations are completed, VDH uses approximately 50 percent of the figure. Mr. Bowerman asked if this Was a high estimate. Mr. Moore replied, ~Yes," because typical usage is approximately 250 gallons per day. However, he estimates conservatively (high) so that people do not run out of water. Well #3 has been in operation for some time. The owners cannot pump a well 24 hours per day. Wells #1 and ~2 have to be used now, which has some contamination them. Mrs. Thomas asked if anyone knew the source of the contaminants. Mr. Moore said the Department of Environmental Quality (DEQ) was unable to locate the source. It is not from fuel oil; it is unleaded gas, so it is a relatively new additive from the last eight to ten years. Mr. Marshall asked if it could be from service stations in the area. Mr. Moore said it could be from underground storage tanks. Mr. Bowerman noted the contaminant came from a long distance away. Mr. Moore said VDH looked at all registered tanks, and the results are inconclusive. The fear is that people drinking the water will be affected. Mrs. Humphris said it was fortunate there are funds available to absorb these costs. Mrs. Thomas said that people in her area have problems with their water pressure, but know they cannot connect to the Albemarle County Service Authority (ACSA) system because the pressure in the system would burst their pipes. She asked whether the DEQ will take on these problems in this area. Mr. Brent said people who live near the river will have problems and will have to install pressure reducing valves. This would be one of the better well systems the ACSA has taken over in recent years, and they do not anticipate any problems with the main lines accommodating the pressure. The system is compatible with portions of the existing water system. Mrs. Thomas asked if there were funds available to purchase the pressure reducing valves. Mrs. Humphris asked how expensive the valves are. Mr. Brent said they are inexpensive, but did not know if funds would be available for their purchase. Mr. Dave Chance, a representative from DEQ, said their intent is to do what it takes to get potable water to this community. His department can spend $400,000 on capital outlay plus connection fees, if necessary. Motion was offered by Mr. Marshall, seconded by Mr. Bowerman to set a public hearing for May 7, 1997, to amend the service area boundaries of the Albemarle County Service A'~thority to provide water only to Key West Subdivision located on Tax Map 62, Sections 62B(1) 62B(2), and 62B(3), Cedar Hills Subdivision located on Tax Map 62, Section 62C. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. None. Mr. Martin. Mrs. Humphris asked that the staff report for the public hearing include the information provided by Mr. Moore with regard to the well yields. Mr. Cilimberg suggested that Mr. Moore provide that information in a memorandum. Mr. Moore agreed to do so. Agenda Item No. 10. Discussion: Request to set a public hearing to amend the service area boundaries of the Albemarle County Service Authority for water service only to existing structures on Tax Map 59, Parcel 12(G) for Henry C. Keith. Mr. Cilimberg noted that the applicant, Mr. Keith, was not present. Mrs. Thomas said she thought Mr. Keith had given up pursuing this matter. Mrs. Humphris asked how the Board is to proceed when the applicant is not present. Mr. Tucker said the Board could defer the item to find out if the applicant wants to pursue the request further. Since staff has found that circumstances are different from what they originally understood, the applicant may have decided not to pursue the matter. He recommended that the Board defer the item until this afternoon. Otherwise, the item would just be removed from the agenda. April 2, 1997 (Regular Day Meeting) (Page 16) 000330 Mrs. Thomas said she had a conversation with the applicant last night and he is aware of the recommendation. She is not surprised the applicant is not present. She commented that the applicant said if staff had made things more clear to him, he might not have submitted his application. Motion was offered by Mr. Bowerman, seconded by Mr. Marshall to remove this item from the agenda. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. .~ NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 11. Cancel Board meeting for May 14, 1997. Motion was offered by Mr. Perkins, seconded by Mr. Bowerman, to cancel the Board meeting for May 14, 1997. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 12. Other Matters not Listed on the Agenda from the BOARD. Mr. Marshall said he had to leave the meeting this afternoon at 1:30 p.m. Agenda Item No. 13. Executive Session: Personnel~ Legal and Disposition of Property Matters. At 11:54 a.m., motion was offered by Mr. Bowerman, that the Board go into Executive Session pursuant to Section 21.-344(A) of the Code of Virginia under Subsection (1) to discuss appointments to Boards and Commissions; under Subsection (3) to discuss the disposition of a portion of County owned property and to discuss an amendment to an agreement to purchase property; and under Subsection (7) to consult with legal counsel and staff regarding specific legal matters relating to reversion. Mrs. Thomas seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. (Note: Mr. Marshall left the executive session at 1:30 p.m.) Agenda Item No. 14. Reconvene and Certify Executive Session. The Board reconvened into open session at 3:40 p.m. Motion was immediately offered by Mr. Bowerman, seconded by Mrs. Thomas, 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 executi~e~session~. Roll was~a!l~d, and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. April 2, 1997 (Regular Day Meeting) (Page 17) 000331 Agenda Item No. 15. Appointments. Motion was offered by Mrs. Thomas, seconded by Mr. Bowerman, to aPpoint Ms. Bethany Christenson Puopolo to the Architectural Review Board, with said term to expire on November 14, 2000; to appoint Mr. Donald R. Crosby to the Regional Disability Services Board, to fill out the unexpired term of Karen Morris, with said term to expire on July 1, 1998; and to appoint Mr. Ivar Mawyer to the Equalization Board to represent the Samuel Miller District, with said term to expire on December 31, 1997. Roll was'called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. NonAgenda. Mr. Davis said the County entered into a purchase agreement in which it purchased the site for Monticello High School in 1995. As part of that agreement, there was a requirement that certain road improvements be made. An agreement has been reached to modify some of those terms and the Board has a resolution before it to approve an Addendum to the purchase agreement regarding these road improvements. He recommended the Board authorize the County Executive to execute the agreement pursuant to the resolution. Motion was offered by Mrs. Thomas, seconded by Mr. Bowerman, to adopt the proposed resolution. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. RESOLUTION TO APPROVE ADDENDUM #2 TO PURCHASE AGREEMENT FOR MONTICELLO HIGH SCHOOL SITE WHEREAS, th~ County of Albemarle acquired property fOr a high school site pursuant to an Agreement for Purchase of Real Estate dated July 20, 1995 (hereafter "Purchase Agreement"); and WHEREAS, the Purchase Agreement set forth certain requirements for the construction of road improvements; and WHEREAS, the parties to the Purchase Agreement now desire to amend certain road improvement requirements; and WHEREAS, the Board of Supervisors finds the amendments set forth in the attached Addendum $2 To Agreement for Purchase of Real Estate should be approved. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County. Board of Supervisors hereby authorizes the County Executive to execute Addendum #2 To Agreement for Purchase of Real Estate, it being attached hereto and incorporated herein by reference. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of four to zero on April 2, 1997. Clerk Board of County Supervisors There was general discussion by the Board Pertaining to the microphones in the meeting room. Mr. Tucker said Staff was looking into Approv by Initials ~ April 2, 1997 (Regular Day Meeting) 000~2 (Page 18) replacing the microphones, and would provide some information to the Board. Agenda Item No. 16. Adjourn. With no further business to come before the Board, the meeting was adjourned at 3:45 p.m.