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1995-03-08March 8, 1995 (Regular Night Meeting) 000 22 (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 8, 1995, at 7:00 P.M., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs. Forrest R. Marshall., Jr., Charles S. Martin, Walter F. Perkins and Mrs. 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 7:05 p.m., by the Chairman, Mr. Perkins. 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. Mr. John Carter stated that he wanted to launch a strong protest in regard to the process for signing up to speak at the Board of Supervisors" meeting. He got to the meeting early, and found several names ahead of him on the sign up sheet, and they appeared to have been written by the same person. He has problems at night, and he gets to the meetings early so that he can get home early. He thinks this process is outrageous, and he wishes a message could be sent that if people want to get to the meeting early and sign in the way he does, then that is fine. Rev. John Scott stated he was present at the meeting on behalf of the Whitewood Village Tenants' Council. The tenants would like for the Supervi- sors to re-examine the justification for rerouting the bus stop at Whitewood Road and Albert Court, and he presented a petition to the Clerk relating to this issue. Mr. Bowerman commented that he would like to ask staff to study the Whitewood Road and Albert Court bus stop issue, and asked that a report be given to the Supervisors at their day meeting in April. He inquired if this is acceptable to the other Board members. The other members responded affirmatively. Agenda Item No. 5. Consent Agenda. Mo%ion was offered by Mr. Marshall, seconded by Mrs. Thomas, to approve Item 5.2 and to accept Items 5.3 through 5.7 for infOrmation (Item 5.1 Was the subject of a separate vote). Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Marshall, Martin, Perkins, Mrs° Thomas, Mr. Bowerman and Mrs. Humphris. None. Item 5.1.. ZMA-94-09. Jayel Industries (deferred from March 1, 1995). Mr. Perkins said this petition needs to be deferred again since the applicant has still not sent in the requested information. Motion was offered by Mrs. Numphris, seconded by Mrs. Thomas, to defer ZMA-94-09 until March 15, 1995. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman and Mrs° Humphris. None. Item 5.2. Appropriation: Miscellaneous School Grants, $2648 - (Form #940053.) It was noted that the School Board, at its meeting on February 13, 1995, requested appropriation of the following grants: The appropriation of five Teacher Incentive Grants for Stony Point Elementary School for the Virginia Commission for the Arts: 1) Life in a Rain Forest Project for $300.00; 2) The inuits of Canada for $300.00; 3) Photography for $300.00; 4) Arts in Basic Curriculum for $300.00; and 5) Arts and Culture of Mexico for $250.00. The Teacher Incentive Grant Program has been established to help strengthen the quality of arts education in the schools and to encourage innovative projects which integrate the arts into the basic curriculum of the classroom° The appropriation of a Teacher Incentive Grant for the Math/Science Center from the Virginia Commission for the Arts in the amount of $300.00. The grant was established to help strengthen the quality of arts education in the schools and to encourage innovative projects which integrate the arts into the basic curriculum of the classroom. The goal of this project~ integrating art and geometry on an upper elementary Page 2 ) level, is to develop the understanding and realization of how society influences art and mathematics, and how the two are related. · The appropriation of a Teacher Incentive Grant in the amount of $298.00 to Art Stow, a teacher at Brownsville Elementary School. The grant has been established to help strengthen the quality of arts education in elementary and secondary schools, to explore new opportunities for creativity in the classroom, and to encourage innovative projects which integrate the arts into non-arts curricula. · The appropriation of a Teacher Incentive Grant in the amount of $300.00 for Western Albemarle High School. The goal of this project is to teach an in-depth unit to each Art I, II, III and IV class. This Environ- mental Sculpture Project will provide advanced art students with the opportunity to draw and construct a "proposed" sculpture for a site specific space on school grounds. · The appropriation of a Teacher Incentive Grant in the amount of $300.00 for V.L. Murray Elementary School. The goal of this project, Architec- ture in Education, is to introduce architectural concepts to stimulate interest in math, science, aesthetics, history (social studies) and language arts in grades 3-5. Mrs. HUmphris said that a year ago the Supervisors were appropriating a Teacher Incentive Grant for the Math/Science Center, and because this was such an intriguing concept of integrating art and geometry on an upper elementary level to develop the understanding and realization of how society influences art and mathematics, she had asked that a report be given to the Supervisors. She made this request because she had thought everybody would be interested to see how the grant was used and how successful it was. Another year has gone by, and she would like to make the same request for this grant, as well as a report relating to the Architecture in Education Grant. She thinks it would be interesting to know how these grants are used and how successful the programs are° By the recorded vote set out above, the following resolution of appro- priation was adopted= APPROPRIATION REQUEST FISCAL YEAR: 1994-95 NUMBER: 940053 FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR VARIOUS SCHOOL GRANTS EXPENDITURE COST CENTER/CATEGORY 1310460211600000 STONY POINT 1310460211312500 1310460000312500 MATH/SCIENCE 1310460202601300 BROWNSVILLE 1310460302600000 WAHS 1310460203600000 MURRAY DESCRIPTION MISC SUPPLIES PROF SERVICES-CONSULT PROF SERVICES-INSTRUCT INST/REC SUPPLIES MISC SUPPLIES MISC SUPPLIES TOTAL AMOUNT $1,200.00 250.00 300.00 298.00 300.00 300.00 $2,648.00 REVENUE 2310424000240270 2310424000240.269 2310424000240268 2310424000240267 2310424000240266 2310424000240274 2310424000240278 2310424000240277 2310424000240279 DESCRIPTION TEACHER INCENTIVE GRANT #95-2220 TEACHER INCENTIVE GRANT #95-1112 TEACHER INCENTIVE GRANT #95-1097 TEACHER INCENTIVE GRANT #95-1111 TEACHER INCENTIVE GRANT #95-1109 TEACHER INCENTIVE GRANT #95-1049 TEACHER INCENTIVE GRANT TEACHER INCENTIVE GRANT #95-1150 TEACHER INCENTIVE GRANT #95-0911 TOTAL AMOUNT $300.00 300.00 300.00 300.00 250.00 300.00 298.00 300.00 300.00 $2,648.00 Item 5.3. Letter dated February 28, 1995~ from Ms. A. G. Tucker, Resident Engineer, Department of Transportation, to Ms. Ella W. Carey, Clerk, re: monthly update on highway improvement projects currently under construc- tion in Albemarle County, received as follows: PROJECTS UNDER CONSTRUCTION ALBERARLE COUNTY MARCH 1 e 19~5 ROUTE ESTIMATED NO. LOCATION STATUS COMP. DATE 29 From HydrauLic Rd (Rt 743) Construction 64% Complete Dec 95 To N of Rio Rd (Rt 631) Item 5.4. Letter dated February 16, 1995, from Mr. E. C. Cochran, Jr., State Location and Design Engineer, Virginia Department of Transportation, received as follows: March 8, 1995 (Regular Night Me~tin~) (Page 3) "February 16, 1995 000 1. 4 Route 29 Proj: 6029-002-122, PE-100 City of Charlottesville and Albemarle County Fr: Route 29/250 Bypass (City of Charlottesville) To: 0.31 Mile North of the North Fork Rivanna River (Albemarle Co.) Proj: 6029-002-F19, PE-103 City of Charlottesville and Albemarle County Description: Route 29 Interchanges with Rio Road, Greenbrier Drive and Hydraulic Road Chairman, Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 I would like to take this opportunity to advise that the Commonwealth Transportation Board of Virginia at its meeting today rescinded its previous approval for the location and subsequent design and construction of the Route 29 interchanges with Rio Road, Greenbrier Drive, and Hydraulic Road as approved by reSolu- tion on November 15, 1990. Sincerely, (Signed) E. C. Cochran, Jr., P.E. State Location and Design Engineer" Item 5.5. Copy of Planning Commission minutes for February 21~ 1995, received as information. Item 5.6. Copy of minutes of the Board of Directors of the Rivanna Water & Sewer Authority (RWSA) for January. 23, 1995, received as information. Mrs. Thomas noted that included with these minutes is a note by the Director of the Authority regarding the need for more water in Crozet than the treatment plant is designed to produce. She also mentioned an attachment regarding House Joint Resolution 402 requiring a study of water and sewer authorities. She asked Mr. Tucker to find out if this resolution had been passed by the General Assembly. Mrs. Humphris suggested that the RWSA memo be emphasized because of the information it contains. She then read excerpts from the memo regarding an industry which is currently unable to pretreat its process wastewater to the level required, as well as on-going concerns and numerous odor complaints. A lot of times such things are not given enough attention because people keep thinking there is plenty of water and enough treatment capabilities. This memo talks about projections for this industry's use as probably exceeding the water treatment'plant's production capacity. She thinks everybody is aware of the p~6jections for Water demand in the year 2015, which is not far away. Item 5.7 Six Year Secondary Road Plan - Presentation and revised supporting information to be submitted to VDoT at its 1995 Preallocation hearing in Culpeper was received as information~ It was noted in the staff's report that there is one additional change to the priority list that staff recommends. Under Surface Transportation Program; Standard Projects, there was listed a project "5) Develop design plans for the widening of Fontaine Avenue from Jefferson Park Avenue to the improvements along the .frontage of the University of Virginia Real Estate' Foundation Development." This project is now being designed by VDoT's Urban Division (almost all of the project is located in the City). Staff recommends deleting this project from the County's priority list. It has already been deleted from the following draft: VIRGINIA DEPARTMENT OF TRANSPORTATION 1995 SPRING PREALLOCATION MEETING FOR THE INTERSTATE, PRIMARY, AND URBAN SYSTEMS, AND FOR MASS TRANSIT ALBEMARLE COUNTY PRIORITIES The following addresses Albemarle County priorities for each allocation of the Intermodal Transportation Efficiency Act (ISTEA) and each sub-allocation of the Surface Transportation Program (STP) funds. Surface Transportation Pro.ram (STP) Standard Projects: The following projects, listed in priority order, are eligible for STP funds not set aside. They are: March 8, 1995 (Regular Night Meeting) (Page 4) 1) 000 25 Undertake those charlot~eSv~i~e"Area Transportation Study (CATS) projects eligible for the primary program in sequence as called for in the February 2, 1992, joint resolution between the City, County and University and agreed to by VDOT. In addition to Route 29 improvements already men- tioned, construct Meadow Creek Parkway from the Route 250 Bypass to Route 29 North. In addition to the Route 29 improvements now under constructionfrom Hydraulic to Air- port Road, the Parkway is the County's highest priority project, and is of the utmost importance in order to main- tain adequate level of service on Route 29 and to improve the overall roadway system serving the urbanizing area north of the City. The first phase of this project will be funded in the County's secondary program. The County believes the parkway will meet the criteria for inclusion in the primary system. If the Commonwealth Transportation Board's decision to eliminate the Route 29 interchanges is final, the County believes funds could be redirected to the Parkway and wants to work with VDOT staff to'evaluate construction of subse- quent phases as a primary road if this will accelerate the Parkway's completion. VDOT is urged to investigate all possible funding sources to achieve the quickest construc- tion of this vitally important roadway. Projects in the northern urbanized area not eligible for primary funds, but listed in CATS, such as the Hydraulic Road/Route 250 Bypass interchange, should be actively pursued. 2) Undertake road projects parallel to Route 29 which relieve traffic on Route 29, such as the Berkmar Drive completion (underway) and the Greenbrier Drive/Seminole Trail connec- tor, concurrent with the Route 29 improvements. 3) Improve the north/south connection between Route 250 and Route 240 in Crozet through the construction of the Route 240-Route 250 connector road recommended in the County's Comprehensive Plan. 4) Widen Route 250 West from Emmet Street to Route 637 in Ivy. That portion of Emmet Street to the Route 29/250 Bypass is covered by a joint design study by the City, County and University of Virginia and was recognized for improvement in the Lewis Mountain Neighborhood Study. The joint study should be used as a guide in developing the widening plans. Safety Improvements: Several projects in the County seem to qualify under this 10 percent set-aside. They are, in priority order: The closing of the remaining Route 29 North crossovers recommended for closure in a VDOT study adopted by the Board of Supervisors on May 10, 1979, and reaffirmed by the Board on November 8f 1989. Improvements to Route 250 West along the business corridor in Ivy (from just east of the intersection of Route 637 to just west of the intersection of Route 678). Improvements to the Route 240 underpass at the CSX Railroad in Crozet. Functional plans for Route 20 North and South for alignment improvements. Functional plans, including an analysis of possible safety improvements for Route 250 East from its interchange at 1-64 (including interchange) eastward to the Fluvanna County line, (particular emphasis on Route 22/250 intersection). FUnctional plans including an analysis of possible safety improvements for Route 22. Enhancement Projects: Several projects appear to be eligible for enhancement funds. They are, in priority order: Beautification of entrance corridors (particularly Route 29 and Route 250) - landscaping, signage, undergrounding of overhead utilities. Construction of bikeway facilities as prioritized in the Bicycle Plan for the City of Charlottesville and Albemarle County (adopted by the Board of Supervisors as an element of the Comprehensive Plan on July 17, 1991). Development of portions of the Rivanna River Greenway path system. Development of sidewalks/pathways as recommended in the Pedestrian Obstacles Study Phase II (1987). March 8, 1995 (Regular Night Meeting) 5. Removal of non-conforming billboards. Standard Projects: Beyond the aforementioned projects, there are other projects eligible for STP funds not set aside. They are, in priority order: 1. Undertake those Charlottesville Area Transportation Study (CATS) projects eligible for the primary program in sequence as called for in the February 2, 1992, joint resolution between the City, County and University and agreed to by VDOT. In addition to Route 29 improvements already men- tioned~, construct Meadow Creek Parkway from the Route 250 Bypass to Route 29 North. The first phase of this project will be funded in the County's secondary program. The County believes the parkway will meet the criteria for inclusion in the primary system and wants to work with VDOT staff to evaluate construction of subsequent phases as a primary road if this will accelerate the parkway's comple- tion. VDOT is urged to investigate all possible funding sources to achieve the quickest construction of this vitally important roadway. Projects in the northern urbanized area not eligible for primary funds, but listed in CATS, .such as the Hydraulic Road/Route 250 Bypass interchange, should be actively pursued. 20 Undertake road projects parallel to Route 29 which relieve traffic on Route 29v such as the Berkmar Drive completion (underway) and the Greenbrier Drive/Seminole Trail connec- tor, concurrent with the Route 29 improvements. Improve the north/south connection between Route 250 and Route 240 in Crozet, either through an improved alignment of Route 240 from Route 250 northward to Route 810, or con- struction of the Route 240-Route 250 connector road recom- mended in the County's Comprehensive Plano Widen Route 250 West from Emmet Street to Route 637 in Ivy. That portion of Emmet Street to the Route 29/250 Bypass is covered by a joint design study by the City, County and University of Virginia and was recognized for improvement in the LeWis Mountain Neighborhood Study. The joint study should be used as a guide in developing the widening plans. Develop design plans for the widening of Fontaine Avenue from Jefferson Park Avenue to the improvements along the frontage of the University Real Estate Foundation develop- ment. National Hiqhway System (NHS): The Charlottesville-Albemarle MPO Technical Committee and Policy Board have approved the NHS as proposed by VDOT in this area excluding the Route 29 Bypass° No other NHS designations are recommended. VDOT recommended to FHWA a NHS which included the existing Route 29 and the Route 29 Bypass. FHWA has reviewed and submitted to Congress a proposed NHS which included both the existing Route 29 Corridor and the proposed Route 29 Bypass. Albemarle continues to recommend that 6nly th~ existing Route 29 corridor be identified in the NHS. The County's highest priority project in the proposed NHS is the widening of Route 29 North from the Corporate limits of Char- lottesville to Airport Road, including immediate de- sign/acquisition and ultimate construction of interchanges at Greenbrier Drive and Hydraulic and Rio Roads. The County desires to continue active participation in Route 29 Corridor studies~ including the study of the Charlottesville to Warrenton segment of the Corridor now underway. Conqestion Mitiqation and Air Quality Improvement Proqram: This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone or carbon monoxide. Agenda Item No. 6. Public Hearing to take comments on the proposed FY 1995-96 County Budget. (Advertised in the Daily Progress on March 1 and March 6, 1995.) Mr. Perkins stated there would be a two-minute limit for individuals who wished to make comments on the proposed FY 1995-96 County Budget and a five minute limit on people representing groups° He said the Board would be flexible on time limits and opened the public hearing° He suggested that the Board hear Mr. Carter first. Mr. Carter stated he was not going to speak first because he was not asking for any special favors. He was simply taking issue with the process for signing up to speak. He told Mr. Perkins to let the first people on the list speak, but to not let such a situation happen again. Mr. Perkins responded that the County Executive was going to give a summary of the proposed FY 1995-96 budget, but he (Mr. Perkins) could take the 000 7 March 8, 1995 (Regular Night Meeting) (Page 6) speakers after presentation in any orde~'he wished. He again told Mr. Carter he could speak first. Mr. Carter indicated he would not be the first speaker. Mr. Tucker then showed and discussed slides summarizing the FY 1995-96 County budget. These slides pertained to local County revenues, real property tax rates, personal property tax rates, comparative tax rates, General Fund revenues, total County expenditures for 1995-96, School Division expenditures, the Capital Improvement Program, the City Revenue-Sharing Agreement, reserve funds and General Government operations. He also showed slides which de- scribed each department's percentage under General Government operations. Mr. Tucker next discussed the per capita expenditures with the use of a slide which showed per capita expenditures of Albemarle County versus Virgin- ia. He pointed out that the miscellaneous category is higher in comparison to other jurisdictions because Albemarle County is the only locality in Virginia which has a revenue-sharing agreement with a sister city. He then showed the last slide which depicted Albemarle County's population growth. Growth primarily drives the County's budget, particularly enrollment in schools, and he noted that this slide shows a thirty-year period of population growth in Albemarle County. The reason he chose the thirty year time period is because most of the County's growth started in the 1960s. The population of Albemarle County for this current year is projected to be 74,825. The County's popula- tion is significantly larger than that of the City. Since there were no questions or comments from Board members, Mr. Perkins opened the hearing to speakers from the public. He asked Mr. Stuart Prather, who was first on the list, to come forward. Mr. Perkins reminded the speakers he would be noting the length of time they were speaking, and asked them to keep their comments to within three or four minutes. Mr. Stuart Prather emphasized that he had come to the meeting early, and had signed the speakers' sheet himself. He said he represents a YMCA swim club which is active all year, and had presented each of the Board members with a proposal. He said the swim program is a good program in Charlottes- ville, and it is an excellent opportunity for the youth in the community. This Board has been very supportive as far as youth programs are concerned. Adequate facilities have been provided for soccer, football, basketball, volleyball and gymnastics. All of these programs are subsidized by the County, and the parents pay small fees of $35 or $45. The County does not have an indoor pool for swimming, so pools in the City have to be rented, and the fees parents pay there are extremely high. Fees range from $90 a month for a family to as high as $300 a month. What is even more unfortunate is that every year the YMCA swim team has to turn away children from the County because of the cost'. Mr. Prather went on to say that the City provides a scholarship, but only about 13 children are currently involved with this scholarship. He then called attention to Page 189 of the County's proposed budget where the Parks and Recreation Department had put forth a request to fund the swim team at a figure of $9975. This funding will allow the fee to be reduced and make it more affordable for the children who are currently swimming, plus it will bring more children into the program. It will also allow for scholarships to be provided so children who cannot currently participate in the program will be able to join. He urged the Supervisors to support this request° Mr. Graham Paige, a member of the Executive Board of the Piedmont District Baptist Association, read a prepared statement in which he requested funds to help establish a Senior Citizens' Center in the Keswick/Stony Point Area. He said this will be called the Piedmont Senior Citizens Center, and it will be established at the Union Grove Baptist Church in Keswick. The Church is an ideal site because it has ample facilities to accommodate the program, and because there are approximately 1087 people residing in the area that are 55 years old or older (this is only a small segment of the potential clients who could be served). He then asked those present tonight in favor of this request to stand (20 people stood). Mr. Paige said that during their first year of operation they will operate the program one day a week, and hope to serve 15 seniors per day, hours of operation being from 10:00 a.m. to 2:00 p.m. A variety of activities are planned, including classes on health and nutrition, financial matters and other topics of concern. In addition, there will be exercise sessions and time for activities such as checkers and dominos. One of the most important components of the program will be the meal which is to be provided. Mro Paige said that during the first year, there will be only one paid employee, the site manager. They intend to enlist the aid of volunteers to teach classes or activities. A member of the Piedmont Association's executive board is currently a site manager in a similar program, so there will be some expert guidance available from this mentor. In addition~ the Association's executive board will have free access to three lawyers who will be able to provide the board with any needed legal advice. They will also have the expertise and guidance of JABA to help with the center's operation. Mr. Paige said the Association has worked hard in order to develop a business plan for the Piedmont Senior Citizens Center. Since November, all of these plans have become their vision, but they need funds to make the vision a reality. He asked that the Board help the Piedmont District Baptist Associa- March 8, 1995 (Regular Night Meeting) (Page 7) tion establish the Piedmont seni6~'C~t~$h~~'-¢enter to serve the seniors of northeastern Albemarle County. Mr. Bowerman asked if representatives of the Piedmont District Baptist Association had made a funding request to staff. Mr. Paige answered he thinks the request was made through representatives of JABA. Mr. Marshall inquired as to the amount the Association is requesting. Mr. Paige responded that the proposed budget for the first year of operation is approximately $6340. Mr. Martin remarked that this request is shown in the County's budget at $6900, and he agreed that the request was made by JABA. Mr. Paige said this figure might have been part of another program. He said the Senior Citizens' Center would have a budget of approximately $6600 for its first year of operation. Mr. James Butler said he wanted to share with the Board the needs of senior citizens in northern Albemarle County. He reminded the Board members that he was a former Extension Agent for Albemarle County and a member of the Board of Supervisors 14 years ago, so he fully recognizes the financial limitations the Supervisors are under. However, this is an opportunity to invest in a program which will benefit a segment of the community not current- ly served and which will reap vast rewards for the senior citizens living in that area. Albemarle County currently enjoys the benefits of having two senior community centers located in the southern and western parts of the County. Seniors who live in the northern and eastern parts of the County do not have the benefits of such a site. An effort has been made to make sure people use the Senior Center at Pepsi Place, but as a rule, seniors from his area are uncomfortable with that site. Most of the people attending that particular Senior Center have an economic level higher than those who live in his area of the County. Mr. Butler asked the Supervisors to provide support for those rural seniors living in the northern part of the County. Senior centers give people who live alone a place to gather, to receive a meal at noon, and to partici- pate in community activities once a week. Senior citizens are isolated and, as a result, often end up permanently in nursing homes or some other kind of institutional living. Senior community centers provide purpose, respect, enjoyment and information to seniors who are isolated. They allow the seniors to watch over each other, to be part of a group of people with similar concerns, to grow as a community grows and to be a part of the process. Seniors learn about other services available to them from participating in the Center. They learn about health issues, which are important to seniors in later years. Seniors participating in senior community centers also share their idle time by volunteering and such volunteer efforts often begin when these seniors come out of isolation and become active again. Mr. Butler said the Piedmont District Baptist Association, as well as many other churches in northern Albemarle County, recognized the growing need for a senior community center. This year the Association expressed its support of a center, and a business plan was developed. The Union Grove Church volunteered space for a senior community center, and at least 25 seniors are expected to make use of the facility. He would like for them to have the opportunity to meet regularly with a reasonably structured plan which allows them to benefit nutritionally, spiritually, informationally and personally. Senior sites such as the one proposed are very important through- out the community, and the senior population in northern Albemarle County is growing faster than in other areas in the County. The needs of this popula- tion should be addressed, and they should be allowed the opportunity to remain as independent as possible for as long as possible. Mr. Butler asked that the Supervisors consider funding the northeastern Albemarle County Senior Community Center. Without the Supervisors' help, many more citizens will remain isolated and will eventually depend on others, such as nursing homes for even more costly services. This is a good investment for the County. Mr. Ed Jones, Chairman of the Jefferson Area Board on Aging Retired Senior Volunteer Program (RSVP), underscored Mr. Butler's comments. He gives Support to the effort of providing meals which are much needed in the north- eastern part of the County. He is present at this meeting because he has served with the RSVP since October 19, 1980, when he retired. He wants to speak out for RSVP, and he noted that on the back of the sheet provided to the Supervisors, there are over 100 agencies listed which RSVP serves. This is an impressive list. There are volunteers continuously going to all parts of the County, as well as agencies within the County. Some people may look at this list and think there are a lot of overlaps, etc., but the RSVP program brings out a great many people who might not come out otherwise. He reinforced his support of the RSVP program. At the same time, he hopes the JABA Meal Site Program can be funded, but he emphasized he would be disappointed if it was funded at the expense of the RSVP program. The amount of money is approxi- mately the same for both items. Ms. Lida Arnason, with the Jefferson Area Board for Aging, said she wanted to clarify something in the County Executive's recommendations under the JABA section of the County budget, but she also requested that money not be taken from RSVP and used to fund another program° It is mentioned in the JABA section of the budget that RSVP gave $89,000 worth of volunteer hours to 0001.29 March 8, 1995 (Regular Night Meeting) (Page 8) ........ the community. This was true for Alb~marie"C°unty only. There are a total of 133 RSVP Albemarle County volunteers, but there are over 400 volunteers in the total RSVP membership. On the list Mr. Jones just showed the Board, only the Albemarle County stations were listed. The hours for Fluvanna, Louisa, Nelson and Charlottesville were not. The statement given to the Board is a mistake, and she just wanted to clarify this before the Supervisors started their decision-making. Mr. John Carter of Earlysville said he would like to speak on a subject which has not been discussed before. He suggested the Supervisors re-examine two long-standing policies which are adding millions of dollars per year to the County budget. One policy to which he refers is the practice of spending 100 percent of each year's increased revenues, and secondly, he would like to talk about the assumption that the County is entitled to keep and spend whatever surpluses may occur in the budget process. He added that the increased revenues are not the result of higher taxes being required to meet higher costs of government. They are generated for the most part by higher real estate values and increased economic activities. He thinks the proposed budget increase is largely the result of expenses rising to meet income. He said no one is talking about keeping County expenses down to a $6.6 million increase, but everybody is talking about how to spend another $6.6 million. Mr. Carter said if property taxes and business activities had been estimated to increase to Only $5.6 million, then that is the budget which would have been presented tonight. He suggested that County officials consider that they only have $5.6 million to spend on government, and reduce the tax rate by two cents. This would amount to approximately the same thing, and nothing would be lost. He said the County will still spend seven and one-half percent more next year than the previous year, and the County will have $11.0 million in surpluses for two years. He asked if the taxpayers are not entitled to something along this line. Mr. Carter said the concept is that the government is entitled to keep and spend any and all surpluses which come about because government does not include all expenses in its budget. By setting aside unfunded priorities, any surpluses will automatically be used to fund them. This is a win/win game for the government, and a lose/lose game for the taxpayers. He said the County should be obliged to live within its contract with the people, and surpluses should be considered as overcharges and returned to the taxpayer. Mr. Carter said if County officials have ideas on how to spend more money, let them show a little patience and spend it next year. He said there will be more money to spend next year, as it was for this year and the last year. Under the present system, the cost of government is automatically being raised, and not simply just by spending more money. He said the County's prosperity depends on the economy, which is something that nothing can be done about. If it goes down, the County will go down with it. This situation is akin to a man giving his wife $50 to buy a hat, and she buys one for $30. He thinks the husband is entitled to the $20, because it is his money. If the wife comes home and says she has a great way to spend the $20, the husband in all probability will agree because he was willing to spend the $50 anyway. Mr. Carter said the County does not work that way. When money is taken from the citizens, it remains in the County. He is sure that if he sat down with Bob Tucker, Mr. Tucker could explain what the $3.8 million surplus was used for last year, though he (Mr. Carter) has not found it yet. Some day he is going to sit down with Mr. Tucker, and he knows Mr. Tucker will satisfy him. Mr. Carter said the County is riding on a good economy. If the economy slumps, what will the Supervisors do? He wondered if the cost of government would be reduced. That is the toughest thing to do, and the Supervisors will then have to raise the tax rate. It is the only thing that can be done because every penny has been spent every year. If something is given back to the taxpayer, then it would be like being in the bank. If there is a 70 cent tax rate, but a 72 Cent tax rate is needed, he does not think it would be hard to sell to the taxpayers. County officials could say to the taxpayer that money was given back to them when it was not needed by the County, but now it is needed, so it will be taken back. He does. not object to this, but he noted that County officials are not doing this. He thanked the Board for their time and asked them to give some consideration to the two things he mentioned. He thinks they are serious and should at least be examined, discussed and considered relative to growth in government costs. Mr. Sam Kaplan said he brought his three children tonight so they could see how decisions are made and how their father participates in them. He also wanted the Supervisors to meet three of the people most affected by their decisions. He introduced his children, and noted that Jay Kaplan is nine years old. Jay likes fishing, swimming and computers. He is in the County's special education, gifted and after-school programs. Rebecca Kaplan is seven years old, plays the piano, draws animals and rainbows and likes gymnastics. She is in the gifted and after-school programs. Ira Kaplan is six years old. He likes basketball, Tae Kwon-Do and reading. He is also responsible for getting the computer system up in his kindergarten class when it goes down. Ira is in the gifted and after-school programs. Jay and Rebecca are American citizens born in Korea, and Ira is a native of Albemarle County. Mr. Kaplan added that, like their schoolmates~ they represent the best this County, State and Nation can produce. They are quite literally the future of everyone~ and their earnings will pay for the retirement of the people at this meeting. The choices they make in their lives will determine the kind of society in which everybody lives. The Kaplan family is grateful for all of the services March 8, 1995~(Regular Night Meeting) (Page 9) · Albemarle County Schools and Albemarle County provide, though he says to his children, they can do better. Mr. Kaplan went on to say that the average teacher's salary, in real terms, has declined for the past four years after a steady rise through the 1980s. A two-percent pay increase for teachers with seven years of service or other employees who do not get additional salaries, represents a cut in earning power~ since the cost of living rose 2.6 percent in 1994. Allowing for inflation, both the local and total per pupil expenditures have been flat for the past several years for the schools. Given any reasonable estimate of inflation for the coming year, total and local per pupil expenditures will drop in real terms. His fear is that this is a transition from a society that believed government could solve every problem and provide limitless benefits, to a society which believes government can solve no problem and provides more harm than benefit. He hopes Albemarle County will avoid both extreme posi- tions in its policy'decisions. Mr. Kaplan urged the Supervisors to pay the costs of growth by ending the four-year tax holiday and restoring the two cents cut from the real property rate. The $20.00 annual increase in taxes on a $100,000 home represents pocket change for most people, a pack of cigarettes a month for some, or a couple of beers a month for others. It is not a large sum, but it could do so much when it becomes $972,000 for the County next year. It could provide five school nurses, five instructional and five technical support specialists for the computer network and still fund the County's other unfunded priorities. This sum of money could fully fund the special education staffing formula and the materials for the revised curriculum. His home is assessed at approximately $140,000 this year, and he noted he has in hand a check to the County of Albemarle for $28.00 representing the Kaplan family's share of the tax bill he is urging the Supervisors to approve. He suggested the Supervisors collect these taxes from the remainder of the taxpayers. He then handed the check to the Chairman. Mr. Leonard Lohmer thanked the Board for allowing him to speak. He said he wears many hats, as many other people do. The most important hat he wears is as a husband, followed very closely as a father. He is also an employee, and he is a care giver. He is with the Jefferson Area Board on Aging. Mr. Lohmer said he and his wife grew up here, but they were not educated here. They stayed away 25 years, learned their lesson, and moved back. The move back to this area was princiPally because of his wife's parents. They were aging badly, and now one of them is deceased, and the other one needs help. When a person is living on a limited income, and in this particular case, a social security payment, requires adult day care, there is only one adult day care center in this area. The Thomas Jefferson Adult Health Care Center~ which survives from the Board of Supervisors' appropriations, as well as limited gifts and scholarships. Scholarships are going to be the only means for his father-in-law to have the opportunity to get the kind of care he needs. He is 73, and he is aging and tired. He is concerned about his future, but, he emphasized, he does have a future. Mr. Lohmer added that he thinks the JABA Adult Health Care program is one of those means of satisfying his father-in-law's future. With the time approaching where one in five citizens will be over the age of 60, such things need to be considered, and they need to be considered now. He urged all of the Supervisors to consider an increased appropriation to the JABA budget to directly support the need of scholarships for those senior citizens who, without this help, will have to go to either nursing homes or some other type of institution and not get the satisfaction they deserve. He said he appreci- ates the Board members listening to him, and hopes what he has said gives them an idea of his personal needs. He emphasized he is associated with JABA, but is speaking at this meeting for himself, as well as JABA. Mr. Marshall asked if Mr. Lohmer is speaking in reference to the proposed $16,600 appropriation. Mr. Lohmer answered affirmatively. He went on to say it should be noted that the Adult Health Care Program can get 50 percent of its scholarships, but it cannot get the other 50 percent. It is the only such program in the area, and it costs $40 per person a day. The request is for $20 of that scholarship fund, and he thinks it is a good bargain for the County. Mr. Steve Deaton, a former prosecutor and for 12 years an Assistant Commonwealth's Attorney, Deputy Commonwealth's Attorney and Commonwealth's Attorney, stated he wanted to address the issue of the Commonwealth Attor- ney's budget. He was surprised to see a request foran increase of more than 255.6 percent in local tax funds for this one office. He knows there are more arrests, and he knows the police are bringing more people into court. The felony caseload in the Circuit Court is probably the best indicator of the workload of the Commonwealth's Attorney, and he is not talking about those cases which are just brought into General District Court and plea-bargained or dropped for whatever reason. He is talking about those that go to trial in the Circuit Court in Albemarle County. Mr. Deaton then mentioned the use of an outside attorney by the Common- wealth's Attorney's Office to prosecute cases in the local courts. He thinks this is an unprecedented use of the taxpayer's money. The traditional~ time- honored way to handle such a matter is to have a Commonwealth's Attorney from another jurisdiction handle the case. Work is generally traded off~ so someone from this office goes to the other office to make up the work. This (Page 10) type of trade-off situation makes it possible not to add any extra expense to the taxpayers. Mr. Deaton said he thinks some questions need to be asked. He does not think this one office needs this type of increase, especially if the felony cases are actually declining in Albemarle County. He appreciates the Super- visors' time, and will be available if the Supervisors have any questions for him. Ms. Martha Harris, a resident of the White Hall District, stated she is a CPA, although she is not in public practice. She wanted to speak about the major portion of the combined County budget, which is the compensation and benefits received by both the school system and county government employees. She has met with each Supervisor at least once to discuss her concerns about the County's compensation and benefits. The Supervisors have individually and collectively been willing to listen to her point of view, and although she and the Supervisors may have differences of opinion, the Supervisors have been very professional in their approach and manner. She thanked them for their service to the County. Ms. Harris said Albemarle County ranks in the first quartile among Virginia's schools and the teachers' average salary of $33,156 is eleventh out of 94 counties in Virginia. This data is available in a salary survey provided by the Virginia Department of Education. Ms. Harris said Albemarle's competitive position is further substantiated by the 505 applications received for the 107 teaching positions available in the County this past year. The School Board is currently considering the addition of three more steps to the teachers' pay scale, which will further increase Albemarle County's teacher compensation. The salary survey for county-wide administrative and classified employees was conducted by the County's Department of Human Resources. The original two and one-half percent across-the-board scale increase and four percent bonuses for those who were recommended contained comparisons to localities which were quite dissimilar to Albemarle, thus drawing inaccurate conclusions regarding the County's competitive position in the job market. Ms. Harris said the reduced increases, as included in the budget by Mr. Tucker, is a step in the right direction, but the larger issue of how compen- sation is calculated and awarded needs immediate attention. The classified and administrative employees are able to vest a portion of their bonus each year based on a complex formula. This increased their base salary, however, she questioned if the impact of vesting is taken into account when increases or bonuses are recommended. She gave several examples of actual salary increases which were included in the 1994-95 non-school employee compensation which she distributed to the Supervisors yesterday and also from the School Administrators Report distributed to the Supervisors earlier. Ms. Harris asked how many residents of Albemarle County have received increases in addition to the other generous benefits of health and dental insurance, as well as a pension fund. The suggestion to increase from 85 percent to 90 percent the amount the County contributes to the employee as health coverage was a good decision, because it is a benefit which is non- taxable to the employee and will not incur payroll tax for the county° She understands from one person that the coverage is very good. It is so good, in fact, that this person has his insurance with the County rather than with his own company because he can't afford coverage for his employees. Ms. Harris urged the Supervisors to maintain the two-percent level increases included in the budget Mr. Tucker presented for FY 1995-96. However, she strongly recommended an independent group of citizens with human resource background be assembled to study the County's compensation system to make recommendations on how the County can simplify its method of calculating compensation so it will be understood by all and so as to remove any appear- ance of misrepresentation of income. This group should report directly to the Board of Supervisors. If such a group is impossible to assemble, then an independent firm should be hired to conduct a study, and it should work directly for the Board of Supervisors. The new system should be one that can be more easily compared to other businesses or localities if it is going to be a measure of setting position ranges. She ended her remarks by saying the new system should be fair to the employees, but it should be equally taxpayer friendly. Mr. Michael Williams, a parent of two children in the Albemarle County school system, said one of the things he wanted to share with the Board was one of the "skeletons he has found in the Albemarle County school system's closet." For ten years he has been observing this situation, and it is getting worse. The Albemarle County school system has absolutely no school nurses, and it is something that has concerned him for a very long time° Not only is he a parent of two children, but he holds many positions with the school system. He has been a school teacher for eleven years, and has served as an emergency medical person for the last decade at Burley Middle School and Sutherland Middle School. He feels as though he is an expert as far as illnesses and injuries are concerned in the school systemv and he is very concerned that the'School Board has not really presented the case in all of its importance. Mr. Williams referred to Mr. Kaplan's statement about the unfunded priorities, and noted that there was $100,000 set. aside for five LPN's. He feels it is important that every school be represented by someone who is 000 . 32 March 8, 1995 (Regular Night Meeting) (Page 11) entirely responsible for the health of those children. He agrees that it is the parents' responsibility to take care of these things, but he noted that some of these children come to school sick. They then become the respon- sibility of whoever is in charge of their health, whether it is the secretar- ies or teachers. Children will sit in the clinic for hours, and he is fearful that a fever, a serious infection or injury will be missed. Yesterday, two ambulances were called to Albemarle High School. There is a Registered Nurse there, but she is paid as a clinician. He thinks it is an embarrassment to the County that someone with her training, someone who sees from 40 to 65 children a day, is paid at that level. This can breed anger. It takes a very unique person to work in this capacity. Mr. Williams said Mr. Tucker's slides were very impressive. They showed that Albemarle County's per capita expenditures are lower than a lot of other localities. He feels it would be worth the $20 or $30 extra for an average homeowner in the County to be able to achieve the extra finances and supply these nurses. He thinks it is insensitive for the County not to have nurses in the schools. Mr. Williams said if County officials could look into the future and nurse practitioners could be used for some of the core schools, a fortune would be saved in having the teachers and families actually see these people instead of spending the tremendous amounts spent on local doctors and other health providers. In the future, there could be happier and healthier children. He does not feel a child can experience his or her full potential unless their physiological and health needs are met. Too many children are sitting in school when they are sick. The sad cases are those where children are sent home because they are sick, and they are at home alone. This has to be on everyone's consciences because a lot of parents are at work, and employers will not give them the day off to spend with their children. Albemarle County has been generous with him in allowing him to spend time with his ill child. This item might cost a million dollars a year, but it is necessary to have a person in the school system who is caring and sensitive. Mr. Williams added that it is rather cruel and misleading for the school system not to have a school nurse at Sutherland Middle School, there is a wonderful clinic, but there is no one to staff it. It is very sad to see these children in this clinic when there is no medical professional devoting full-time attention to their needs. Mr. Williams added that this is a wonderful school system, but when people move into the County, the teachers wonder what to tell them relative to the school nurse situation. Greene County not only has a school nurse, but this year it acquired a nurse practitioner through a grant. Albemarle County has none of this. It is a bit embarrassing. He asked the Supervisors to consider hiring school nurses, and he reiterated that this is for the chil- dren. This item does not always show up on slides as do other things, but when it comes down to working with the children every day, it would be very much appreciated, and it would be kind and humane. He thanked the Supervisors for their time and consideration. Mr. Ed Strauss said he lives in the Western part of the Countye He said that people who have children in school already get 70 percent of the budget, so he thinks it takes a certain type of arrogance to ask for more. When a person is getting 70 percent of anything, it is best to be quiet. He commend- ed Mr. Tucker on his presentation skills, but said he will never make him believe that he is paying a 62 cents tax rate. He pays 72 cents, plus $1.39 for the fiasco of the E-911 program, which he feels is out of control° The public is getting no reports on this program, and it keeps being delayed° He also mentioned the $4.00 per month utility tax. He said Mr. Tucker had made a great presentation until he mentioned the tax rate. Mr. Strauss next pointed out that the reason there is a Revenue Sharing Agreement is because of the Board of Supervisors. The Daily Progress reported on March 2, 1995, that there was a 21.1 percent increase in the proposed County's budget over last year. This is amazing. President Bill Clinton would be assassinated if he tried the same thing. The E-911 program is a constant drain every year, and nobody knows when it will be completed. He thinks it could have been started two years ago, but now the blame is being put on the citizens. The only reason given for this program not being started is that citizens have not informed County officials where they live. This is nonsense. The program can either be done, or it cannot be done. It is time to examine the issue and decide one way or the other, and if it is not going to work, then it should not be funded anymore° Mr. Strauss then noted that Dr. Paskel, the former School Superinten- dent, was forced out of this County because he followed recommendations of staff and brought a budget to the Supervisors that was wrong. This budget was approximately $1.4 million over the surplus of the budgets being considered every year, and what is the budget of the E-911 program over the years. No one was forced out of the County because of that unsuccessful program. He inquired why Dr. Paskel was forced to leave. All employees should be treated the same, and if a person cannot do it, then he or she should get out of the way. Someone else can be hired because there are plenty of people out of work. Mr. Strauss said he has heard nothing about combining services. Every year the Police Department asks for three more cops, although only one is usually added. There is a Police Department and a Sheriff's Department, and .000 3'3 March 8, 1995 (Regular Night Meeting) (Page 12) , ~ he wondered why the County veh~i~'~a~~ equipment cannot be shared and why departments cannot work together. He asked the Supervisors to imagine if the school system operated in such a manner. He asked why the Board tolerates this, and said it is up to the Board because he personally cannot change anything. Mr. Strauss next mentioned the school system's request for $180,000 for a Fiber Optic System. He asked if the Supervisors really have the expertise to give the school system money when they cannot even oversee the E-911 system. He asked the Supervisors if they know what they are getting into, or are they just saying this is for the children so they can approve the Fiber Optic System. This amount of money would be about 10 years of wages for him. Mr. Strauss next mentioned the water treatment item at Crozet. This needs to be examined before $180,000 is put into it. The money proposed for the Fiber Optic System would pay for a couple of nurses, but he does not think they are necessary either. When he went to school and he got sick, his parents had to ~ome and get him. One of his parents did not have to work then, but taxes wer'e not so high either. All of these items are tied together and related. The Supervisors have the power, and they can make it better for County citizens, and he wants the Supervisors to do that. Mr. Jim Howe stated he wanted to talk about the Albemarle County schools' portion of the County budget, and he would like to address a couple of different aspects. He can sum up his feelings by saying he is generally disappointed in the proposed budget. The reason for this disappointment is because even' though there are revenues of approximately $4.1 million, when the funding of growth, teachers' raises and the replacement of buses, etc., are considered, only ten percent of the revenues are going directly into the classrooms. He gave an example of what he means by saying that there has only been partial funding of curriculum materials, some special education teachers, and other programs. This type of funding will change the day-to-day opera- tions in the classrooms. Mr. Howe pointed out that ten percent of the new money is far less than one percent of the entire budget. What this really says is it is fairly status quo as far as the school system is concerned. Growth and inflation is being funded, and very little else. This is apparent when he looks at unfunded priorities such as additional materials for the revised curriculum, middle school foreign language, and gifted resource teachers. As a parent, these are the things he wants to go into the school system, but these are the things which are not making it into the budget. When he looks at the proposed budget, he is disappointed because things are not changing very much next year and they are not going to improve very much. Mr. Howe went on to say he has been following the budget closely for the last four years because he is involved in the PTO, and it is important to him° He noted that when the school system is examined, there is a new curriculum, a gifted program, new computers and a special education program. He asked how these programs arereally working on a day~to-day basis. The administratiOn and teachers have really worked up an excellent curriculum, and it is already in operation. The problem is teachers do not have the materials to implement the program. He knows this is true, because he talks to the teachers every day, and that is what they tell him. It was estimated that $390,000 in materials is needed for the curriculum program, but only $75,000 in funds is available for that purpose. This item is being'funded at approximately 20 percent. This is not uncommon. Mr. HoWe then mentioned the gifted program. Typically, in the elementa- ry schools there is one teacher who is shared between three schools, so a teacher might spend a day or two days a week at a school. This translates to approximately two hours of actual time with the child. Albemarle County does have a gifted program, but the children do not have very much time in the program. It is a partially-funded gifted program, and the things that are really needed are on the unfunded list. He can say the same thing for computers, etc. Mr. Howe commented that the Supervisors could say there is an excellent gifted education program, and the curriculum is going to be completely followed through, but it does not work that way. Every year there is a certain amount of money, but there is never enough. The School Board scram- bles to fund whatever it can, and the result is that there is a bunch of partially funded programs. Long-range planning would help. Secondly, he noted the group saw a nice presentation on the tax figures. He agreed with Mr. Kaplan that he would not be upset at having to spent a couple more cents for the tax rate to fund the things the schools are missing. As an Albemarle County resident, he would like to offer those suggestions. He thinks the Supervisors do a great job, which is difficult when there is a growing population and diminishing fUnds. He hopes his suggestions will help the Supervisors in the future. Ms. Adele Abrahamse commented that she has a daughter who is a student at Albemarle High School. She urged the Supervisors to make it possible for the children of Albemarle County to receive a quality education. One aspect of quality is that programs are customized to the needs and abilities of individual students, such as gifted or learning-disabled students, physically- challenged, or disruptive children. All of the children benefit from strong programs in fine arts and computer skills. St. Anne's-Belfield, where the 000 1. 4 March 8, 1995 (Regular Night Meeting) (Page 13) County's movie stars send their children for a quality academic education, costs $7950 a year for the last two years of high school. Albemarle County's high schools offer honors classes and advanced placement classes for college- bound juniors and seniors within a budget that is much less per student than St. Anne's. The Oakland School, which is designed to help students with learning disabilities, costs $10,750 per year to attend as a day student. Albemarle County schools are expected to meet the needs of the learning disabled on half that amount. Ms. Abrahamse next mentioned that the Little Keswick School for boys with behavioral problems costs $38,000 a year to attend. While room and board accounts for $9700 of that figure, academic tuition alone at this school is $17,449 a year, and additional intervention in the form of counseling, family counseling and suitable recreation costs another $12,000 a year. The Albe- marle County schools have to deal with similarly troubled youngsters on a. budget 20 percent that of the Little Keswick School's. Ms. Abrahamse recalled that she read a few years ago in the newspaper that Albemarle County's resident and President of the University of Virginia, John Casteen, chose to send his children to City schools because of the quality of Charlottesville's fine arts program. Other Albemarle County parents do not have the privilege of making such a choice for their children. She asked if the residents have to be rich or privileged to create a quality education for their children. For children to excel, programs must be targeted to the children's needs, interests and abilities, whether vocational, academic, artistic or psychological. These specialized programs cost money. Ms. Abrahamse went on to say that she thinks Albemarle County schools do an amazingly fine job given the constraints of their current budget, but she is dismayed that the residents have to come begging to the Supervisors year after year for adequate funding. She would like for the Supervisors to be as willing to advocate for the interest of the school children of Albemarle County as they seem to be for the property owners. She urged the Board to give the Albemarle County Public Schools all of the funding they are presently asking for, including money for unfunded programs. By the Supervisors' own figures, less is being spent per child than most localities in Virginia, and the newspaper representatives tell her Virginia is approximately 42nd in the Nation in terms of what is spent for school funding. She asked the Supervi- sors to give the school system a chance to move its schools in the direction of real and substantial progress. Mr. Franklin Clarke, a teacher at Henley Middle School and a citizen of Albemarle County, said he wished to speak regarding education and the value of education in Albemarle County. There is a great danger in listening to statisticians and accountants deal with numbers and compensation. Everyone may arrive at the same conclusions, but assumptions must be examined. The idea of a compensation study for teachers and administrators is a good idea because there are inequities in the way teachers and administrators are rewarded, and performance deserves rewards. However, there needs to be caution in the way figures have been evaluated. Statisticians would caution against trying to walk across a lake with an average depth of three feet. He does not believe anybody wants to walk across a lake with an expectation of staying afloat. Mr. Clarke said averages can be interesting, but they can guide policies in the wrong way. He recalled Ford Motors and General Motors in the 1960s and 1970s based their performance on numbers, but they missed the whole picture. They were giving up market shares because it appeared that great profits were being made on cars which were gas guzzlers. They missed the whole picture and almost "went under." Ford and General Motors are regaining their leadership by emphasizing quality, and quality in the work place means belief in the employees and in the long term. They concentrate on the customer, and they understand knowledge is power. An information age requires an appreciation for knowledge and knowledge is the newest resource. Education and teaching is how a person connects with this resource, and he recommended strongly that the Supervisors continue their support for the schools in Albemarle County. Mr. Perkins announced that all of the people who had signed the sheet had spoken, and he inquired if there was anybody else who would like to speak. No one else came forward, so Mr. Perkins closed the public hearing. He asked if there was discussion by Board members. Mr. Martin thanked everybody who came to speak tonight. He mentioned that it was a Wednesday night, and the weather was really bad, so he appre- ciated the people coming to this meeting. He said that even though there are conflicting comments and requests, he heard what the people were saying. Mrs. Thomas pointed out that she was at a meeting recently in Washington D.C. where President Clinton, Newt Gingrich and others spoke to a group of local government officials. These people continually stated that it is local government where the citizens have the best chance of having an impact on the decisions made, and where they feel these impacts most directly° She seconded Mr. Martin's thanks to the people for coming out, and she said she thinks all of the Supervisors heard what was being said tonight. Agenda Item No. 7. To take public comments on a crossover on Route 29 North near the Carrsbrook entrance. (Advertised in the Daily Progress on February 27 and March 6, 1995.) 0001.,35 March 8, 1995 (Regular Night Meeting) (Page 14) Ms. A. G. Tucker, Resident En'gine~r' With the Department of Transporta- tion, stated she was going to discuss with the Board and public the three options available for the locatioh of a crossover or, perhaps no crossover, near the Carrsbrook and Route 29 intersection, as follows: Option I - Carrsbrook without Crossover: Advantaqes: Existing crossover at Better Living is to be closed as part of the upcoming Route 29 Project. This will enhance the traffic flow and safety of Route 29. No new signalization on Route 29 will be required. Traffic flow will be maintained. Disadvantaqes: From Carrsbrook, drivers desiring to travel south via Route 29 Will have to travel 1500 feet north to the nearest crossover (at Wal-Mart) and make a U-turn. U-turns should not be encouraged on a highly traveled facility such as Route 29, espe- cially at a high volume intersection because this introduces an unexpected movement at an intersection and as a result could cause accidents. Access to commercial businesses between Kegler's and Hilton Heights Drive (Wal-Mart) must U-turn at the signalized intersec- tion. U-turns should not be encouraged. Option 2 - Carrsbrook with Crossover (Northern Location): Advantaqes: Plans to relocate Carrsbrook at this crossover location will provide safe and convenient access to Route 29 southbound for motorists traveling Carrsbrook Drive~ The volume of U-turns for access to businesses north of Kegler's will be less than the number required under Option 1 (no cross- overs). Disadvantaqes: Crossover will introduce additional signalization and conflict points. Through traffic may be encouraged, however, several construction projects already underway in the area should take traffic off of subdivision or local streets onto these upgraded facilities once completed. For travelers heading north or south, Route 29 will provide the most convenient and direct access. The additional lanes and coordinated signal phasing will facilitate traffic flow. Path through subdivisions will be more circuitous than not'° The location of this crossover is not such that commercial access to properties on southbound Route 29 can be combined. Therefore commercial entrances within this Route 29 Corridor are not mini- mized. Option 3 - Carrsbrook Drive with Crossover (Southern Location): Construction cost $76,000, preliminary engineering, plan design $2,000. Advantaqes: Plans to relocate Carrsbrook at this crossover location will provide safe and convenient access to Route 29 southbound for motorists traveling Carrsbrook Drive. The volume of U-turns for access to businesses north of Kegler~s will be less than the number required under Option 1 (no cross- overs). Access to commercial properties on southbound Route 29 can be combined. This will minimize the number of individual commercial entrances along the Route 29 Corridor. (Crossover aligns with property line for joint commercial access.) Disadvantages: Crossover will introduce additional signalization and conflict points. Through traffic may be encouraged, howevert several construction projects already underway in the area should take traffic off of subdivision or local streets onto these upgraded facilities once completed. For travelers heading north or south, Route 29 will provide the most convenient and direct access. The additional lanes and coordinated signal phasing will facilitate traffic flow. Path through subdivisionwill be more circuitous than not. Mr. Bowerman asked if there is not a fourth alternative and that is to leave the Carrsbrook situation in place, as well as leave the crossover in front of Better Living at its current location and improve Route 29 around these two sites. Ms. Tucker agreed this potential does exist, but it does not alleviate the safety factor of the U-turnS necessary for Carrsbrook residents. 000136 8, 1995 (Regular Night Me~in~) ..... (Page 15) Mr. Bowerman then asked if VDOT can prohibit left turn movements from Route 29 across the median into car~sbr~o°k Drive for vehicles traveling southbound on Route 29. Ms. Tucker responded she does not have an answer to Mr. Bowerman's question, it would involve an enforcement issue. Mr. Martin wondered if Mr. Bowerman's question relates to a car heading southbound on Route 29 and making a left at the crossover that would remain. Mr. Bowerman answered, "no". He was referring to realignment of Carrsbrook Drive so it would align with both Better Living and the property across the street to prohibit left-turn lanes off southbound Route 29 through the median cut eastbound onto Carrsbrook Drive. Mr. Marshall said in other words, Mr. Bowerman is talking about eliminating "the shortcut downtown." Mr. Bowerman concurred. This arrangement would also eliminate access to Carrsbrook Subdivi- sion and some other, neighborhoods from people who wish to go toward downtown Charlottesville. Mr. Martin said this would mean that people who live in Carrsbrook would have to go to a crossover further south and make a U-turn and come back to the Carrsbrook entrance. Mr. Bowerman agreed° He said vehicles would have to go to the median cut at Kegler's. Mr. Martin asked about Mr. Bowerman's proposal which is not shown in Ms. Tucker's information. Mr. Bowerman said Option Four would be to leave the alignments exactly as they are relating to where Carrsbrook Drive enters Route 29, as well as the current median out in front of Better Living, and then improve Route 29 to six lanes with whatever turn lanes are necessary. Mr. Martin asked if Mr. Bowerman is suggesting left-turn lanes be prohibited at that location with this design. Mr. Bowerman replied, "no", there would not be an intersection or signalization at that point, and it continue to function exactly as it is now. Mr. Marshall asked if there is not already a deceleration lane running southbound fo~ turning. Mro Bowerman answered that Mr. Marshall is correct~ although his question relates to whether the left turn movement can be prohibited. Mr. Marshall asked why it would be desirable to prohibit the left turn movement if there is a deceleration lane. Mr. Bowerman replied that a left turn movement would encourage traffic cutting through the neighborhoods. Ms. Tucker said VDoT staff would have to weigh the potential of encour- aging traffic through neighborhoods by promoting the U-turn movements neces- sary to accommodate those people wishing to go in that direction. Ms. Thomas asked if there are origin and destination studies showing how many Carrsbrook residents are coming from the north, for example, on their work trips. Ms. Tucker replied that VDoT staff does not have access to the details of information used for this project. There were no further questions by Board members, so Mr. Perkins opened the public hearing. Mr. Michael Bates, President of the Carrsbrook Homeowners Association, Inc., said much has been written and said about the proposed realignment of Carrsbrook Drive. As a resident of Carrsbrook Drive, he has seen an increase in through traffic, including the larger and noisier construction and commer- cial vehicles, as well as increased litter. At one time there may have been a logical reason to realign Carrsbrook Drive, which would have been to bring it into alignment with an eventual linkup of Berkmar Drive. Now Berkmar Drive has been extended northward to meet Hilton Heights Drive which lies between Wal-Mart and Sam's Club. Mr. Bates said that present at this meeting are not only residents of Carrsbrook, but residents of four other neighborhoods already affected by the increased litter, traffic and dangerous disregard for speed limits. In December, 1994, he distributed a newsletter to the residents of Carrsbrook asking for their opinions on the Carrsbrook Drive realignment. Of those responding, the unanimous opinion was to leave Carrsbrook Drive as it is. In addition, many have indicated that the minor inconvenience of going north to the traffic light at Hilton Heights Drive when leaving Carrsbrook Drive, and then turning southbound will be far easier to live with than the increased traffic and litter coming into Carrsbrook and the four other neighborhoods with the creation of a cut-through between the northbound and southbound lanes Of Route 29 at Carrsbrook Drive. Mr. Bates said most favor something closely resembling Option One. If it becomes absolutely necessary that a cut-through be put there, and if there are safety concerns, including tractor trailers having to make U-turns at Hilton Heights Drive, then restrictions should be put on the intersection, allowing only left turns by northbound traffic for the purpose of accessing Better Living, Kegler's and Little Links Golf. Whatever decision is made regarding this issue, Carrsbrook Drive should not be straightened. He asked that the few trees already there be left as a buffer from noise pollution and to keep some privacye Mr. Martin asked if Mr. Bates is indicating that the Carrsbrook Neigh- borhood Association prefers Option One, with the crossover left open to northbound traffic turning left, but not to southbound traffic turning left. Mr. Bates said he is speaking for himself and trying to be realistic. He 000 1,37 March 8, 1995 (Regular Night Meeting) (Page 16) thinks companies located in the area need access for their businesses; however, the neighborhood would prefer not to have any cut-through at all. He said the people in the neighborhood definitely do not want southbound traffic turning left to go east on Carrsbrook Drive, because there is enough of this being done already with traffic coming from Rio Road driving through to Route 29. Mr. Martin asked if Mr. Bates is saying the neighborhoods would prefer to have the crossover closed. Mr. Bates answered affirmatively. Mr. Martin then asked if Mr. Bates prefers Option One as it is stated. Mr. Bates replied "yes". He and Mr. Bowerman have spoken about this situa- tion, and Mr. Bowerman anticipated his (Mr. Bates') comments by bringing up the fourth option. Mrs. Thomas asked if Option Three would be desirable if left turns were not allowed by southbound traffic on Route 29. Mr. Bates replied that this option moves everything further north, which means trees would have to be removed and Carrsbrook Drive straightened. The cost of this option is approximately $76,000, plus the plan design of $2000. There was not a figure shown for Option One, so he assumed it was a lot less, and he was not sure it would cost anything. Mrs. Thomas asked if Route 29 being widened by at least one more lane at this point would cause people to have trouble crossing all of the lanes to get to the present U-turn. Mr. Bates answered that the residents of the area have lived with this situation this long, but it is hard for him to say what will happen when additional lanes are constructed. Mrs. Thomas emphasized that she feels it is going to be more difficult to make a U-turn. Mr. Bates responded that residents in the area have not had any problems with this situation, even during rush hours. Mr. Bates said if Carrsbrook Drive is straightened and the trees taken out, the change will be irreversible. However, if Option One does not work or it becomes a hazard and has to be changed in the future, then it can be done at that time. Mrs. Thomas then asked what the cost effect would be of delaying the project. This seems to be the proposal Mr. Bates is suggesting. Ms. Tucker asked Mrs. Thomas to clarify her question. Mr. Martin said Mrs. Thomas would like to compare the cost of not doing anything now and then doing the work after the other construction on Route 29 is completed. Ms. Tucker said the cost would be similar to the.construction cost noted, plus the administrative costs of putting together a contract, as well as inflationary factors. The cost shown is, in fact, the amount it would cost to actually install the necessary turn and taper lanes on either side of the crossover, as well as the grading work involved. She added that there might be some reduction for grading work having taken place under the current contract. She said the concern would relate to going back at a later date and disrupting traffic flow in this area again. She then mentioned that she would like to clarify what has been mentioned as Option Four. There is a concern for promoting U-turns northbound for persons wanting to enter Carrsbrook. The spacing would need to be such that there would not be but so much distance between the crossover at Better Living and where Carrsbrook Drive is currently located so a hazard would not be promoted by people who needed to make a U-turn. Option Four is the same as Option One with the crossover remaining open. Mr. Bowerman asked Ms. Tucker to explain the issue to which she is referring. Ms. Tucker responded that she is referring to the distance between the existing crossover, where Carrsbrook Drive is currently located, and the promotion of U-turns by southbound traffic going back northbound on Route 29. Sometimes motorists will want to drive across those lanes of Route 29 to make right turns into Carrsbrook. This should not be a movement that is encouraged from a traffic Standpoint. Mrs. Thomas inquired if the highway would be six lanes at that point with three lanes on each side. Ms. Tucker answered affirmatively. Mr. Martin said he has found it is easier to drive across the lanes and get out of the way of traffic than it is to drive across the lanes to get into the traffic flow. He would think it would be more difficult to turn right out of Carrsbrook and cross two lanes of traffic to get into the third to go with the traffic flow than it would be to turn left across Route 29 and get out of the traffic by going straight across the road. To cross traffic lanes and get into the flow of tr.affic, a vehicle has to get up enough speed so it will not be hit in the rear end. A vehicle can cross the lanes of traffic, and it can get out of the way, unless there is a slow moving vehicle in front. Mr. Bowerman said there is not currently a problem as far as making the movement back north on Route 29, because there is a turn and taper lane at Carrsbrook Drive, and vehicles go immediately into it. He has never observed a problem with this situation. Mr. Martin stated that when the crossing at Berkmar was being consid- ered, it was a situation that would have been good for the whole County. If this is not an option, then it seems to him that the difference between Options One, Two and Three are such that it really does not matter to anybody 000Xfi8 March 8, 1995 (Regular ~ight Meeting) (Page l?) except the people who are living in the particular area. If it does not matter to anybody else, then why should anything else be done except what these people are requesting? Mr. Perkins asked if Ms. Tucker has drawings which would be helpful for the people at this meeting to see. Ms. Tucker responded that all she has with her at this meeting are plan drawings; however, what she is hearing is that the existing corridor should be left as it is. There may be a reason, of which she is unaware, for closing the crossover at Better Living which may or may not have to do with the spacing requirement. She pointed out that it is necessary to have a minimum of 1000 feet between crossovers. Mr. Bowerman asked if Ms. Tucker thinks the crossover at Better Living is too close to the Kegler's crossover. Ms. Tucker said the two crossovers are very close together. Mr. Bowerman said he thought the Better Living crossover was going to be closed because the redesign of Route 29 makes it desirable to close as many of the median cuts as possible. He thought this particular crossover could be eliminated because a crossover was going to be provided further south° Ms. Tucker said she has read everything she could find from 1986 forward and has not seen the exact reason for the closing. If this is the case, logic would certainly serve the community. Mr. Marshall asked if Ms. Tucker wants to hear tonight what this Board is recommending. Ms. Tucker said it would be appreciated if the Supervisors could make a statement one way or the other. Because of the advertising schedule, any time savings is desirable. Mr. Bowerman asked Ms. Tucker if she could get the requested information to the Supervisors at their April day meeting. Ms. Tucker concurred that this could be done. Mr. Perkins asked if anyone else wished to speak. Mr. John McDowell stated he is representing the Rio Hills Homeowners Coalition, which is an organization consisting of the six homeowners associa- tions in the northern quadrant, including Carrsbrook, Fieldbrook, Raintree, Northfields, Westmoreland and Woodbrook. He introduced the presidents and vice presidents of those associations as follows: Michael Bates, President of the Carrsbrook Homeowners Association; Greg Block, President of Fieldbrook; Wayne Elliott, Vice President of Northfields; Donald Lyon, President of Raintree; Maria Bell, President of Westmoreland; and Sid Wood, President of Woodbrook. He read from a letter he said would be presented to the Clerk of the Board of Supervisors after his presentation which represents unanimous opposition from all six of the neighborhood associations to the proposed realignment of Carrsbrook Drive at its intersection with Route 29 (See letter from Rio Hill Homeowners' coalition dated March 8, 1995, to the Albemarle County Board of Supervisors). Mr. Wayne Elliott commented that he is present in an individual capaci- ty, and not solely as a member of the Northfields Homeowners Association. He lives at 600 Carrsbrook Drive, which is the last house located on that street. VDoT staff's concern and focus has been on the Route 29 end of carrsbrook Drive, which is the west side. When traffic is taken from Route 29, it will start using Carrsbrook Drive, and there are three parallel roads to Route 29. They are Old Brook Road through Fieldbrook and Raintree, Northfields Road, and Huntington Road. All of the through traffic which comes from Route 29 has to get on one of these three roads in order to get to Rio Road. He feels it is important that the eastern side of Carrsbrook be considered also. Where Carrsbrook Drive crosses Northfields Road, there is a fairly sharp horizontal angle and a vertical drop. The end result is that as a car is traveling eastbound on Carrsbrook Drive and crosses Northfields, there is a blind spot. If more traffic is put on the road, there are going to be more blind spots and more cars, as well as more accidents, and he does not think anybody wants to do anything to encourage such a situation. An important point for the Supervisors to consider is that this traffic will be using a residential street. There are only two lanes, and there are at least two locations where the speed limit drops to 20 miles per hour. Mr. Elliott called attention to Mr. McDowell's statement that Carrsbrook Drive traverses a pond, and there are cars parked along this street. He does not know, however, if these cars are supposed to be parked there, but cars have been parking there for years. He does not know of any other place that has had a serious proposal to detour traffic permanently off of a major United States highway through an established residential neighborhood where the speed limit will drop to 20 miles an hour and where the road will end in a "T" intersection at a stop sign. He asked the Supervisors to take this into consideration. Mr. Elliott next commented on each of the options, favoring Mr. Bower- man's option Four proposal which is Option One with the existing crossover at Better Living left as it is. He cannot see any advantage to be gained by closing it. If the concern is an increase in the number of U-turns if the crossover is closed', traffic is either going to go to Kegler's to make the U-turn or, even worse, to Woodbrook to make the U-turn. If there is a safety problem with U-turns being made at the Wal-Mart intersection, which is a three way intersection, that safety problem must be at least 25 percent worse when March 8, 1995 (Regular Night Meeting') (Page 18) ~i~,~=~ those cars are put at the Woodbrook intersection, which is a four way inter- section. He does not understand the safety rationale proposed by VDoT staff in this situation. Mr. Elliott admitted Option One has one advantage -- it does not make Carrsbrook Drive an alternative route to Route 29. The disadvantage cited by VDoT staff, which is that Carrsbrook residents would have to go to Wal-Mart in order to make a U-turn to go southbound, he has heard no one complaining about. Most people who live in those neighborhoods will go to Rio Road. The people making U-turns at Wal-Mart are not all from Carrsbrook. Making Carrs- brook Drive the focus of a proposed solution will not solve all of the U-turn problems. Mr. Elliott next spoke about Option Two. The first advantage stated is that it will provide a safe access to Carrsbrook motorists who want to turn south on Route 29. Most of the people who would be beneficiaries of the whole proposal, simply do not want this option. When there is a project and the people for which it is designed do not want it, it should not be done. This is the case with this option. VDoT staff has indicated a traffic light would have to be added. By his calculations, and based on what he just heard, this would mean two traffic lights on Route 29 within 1200 feet. He does not think people are going to want to stop this often for traffic lights. He does not think people are stopping for the traffic lights now, and if another traffic light is added, it will not encourage people to actually stop. Eventually, people will get fed up with the traffic regulation mechanisms, and they will ignore them. If the Supervisors don't think this is true, they should observe the stop sign at the "T" intersection of Carrsbrook and Huntington Roads. Mr. Elliott said he is concerned with VDoT staff's suggestion that increased traffic through Carrsbrook is going to be some type of temporary problem which will go away when all of the construction on Route 29 is finished. He recalled that Mr. Bates had mentioned that once the alternate to Route 29 is completed, there will never be another chance to get the funds to put it back the way it was. He agreed with that statement. Mr. Elliott then talked about the third option. He noted that the first advantage stated by VDoT staff is one which has been rejected by the intended beneficiaries, The second advantage mentioned is the improved access to businesses presumably on the southbound side of Route 2.9. He is not sure, but it seems to him that if a business is located there, whenever the road going behind Wal-Mart is 'completed, there might be some access to those businesses from the rear. Again, this situation relates to the beneficiaries being the residents of Carrsbrook or westbound motorists on Carrsbrook Drive. These people will drive to Route 29, turn right, go to Wal-Mart, and they will not have to make a U-turn. They can go behind Wal-Mart and get to some of those businesses from the rear. Mr. Elliott went on to say that he assumes this is in the plan, but if it is not, the Supervisors can ignore what he has just said. Mr. Elliot said Option Three also mentions increased traffic as a temporary problem. This option has strange logic relating to the path through Carrsbrook being more circuitous so anyone wanting to go south would not take it. He Wondered why people on Route 29 who want to go to Lynchburg would go through the Carrsbrook Subdivision. This is not where the increased traffic is going to come from. He emphasized that it is going to come from people who want to get downtown. He recalled Mr. McDowell's statement that this traffic will be trying to avoid the four lights through which it would normally travel. Three streets are already feeding onto Carrsbrook Drive, so Carrs- brook Drive already serves as the evening rush hour bypass for the City people who want to get to the north side of town. These people are already using this route, and they will always use this route. There is no way he can figure to keep them off of the~street. All this plan would do is provide a morning bypass for rush hour traffic, and he wants to keep Carrsbrook Drive as it is. Mr. Elliot went on to say that he cannot find any disadvantage in leaving everything as it is, although there is one unstated advantage. It must be cheaper to leave things as they are, and he is amazed that the VDoT staff can say it is actually going to cost money if nothing is done. It would certainly be cheaper than building roads or moving roads. If all of the advantages stated are put on one side of the scale, and all of the disadvan- tages are put on the other side of the scale, the scale will tilt in favor of leaving everything the way it is. Mr. Elliott said people in the neighborhoods do not want the change, and it has been publicly stated that it is intended just to benefit these neigh- borhoods. If the people do not want it, then it should not be done. Mr. Elliott again mentioned Mr. Bowerman's fourth oPtion as the one Board members should approve. They should ignore the three options presented by VDoT staff. The fourth option is the only one that makes sense. He thanked the Supervi- sors for their attention and said he would be glad to answer their questions. Mr. Perkins asked if there were other people who wanted to make com- ments, but no one else came forward. Mr. Perkins went on to say he thought the residents had gotten their message across to the Supervisors. Mr. Bowerman commented that he is in touch with the residents in the area because he lives there. Up until now, he has heard no one at any time in March 8, 1995 (Regular Nig~i'i~de~i~g) (Page 19) favor of any of the options other th~n'the stated option of leaving things the way they are. There h~s bean:an increase intraffic through the Carrsbrook area as a result of conS~'~{~~{~'~''29~I He believes traffic will increase regardless of the improvements on Route 29. Motion was then made by Mr. Bowerman to recommend to VDoT that Route 29 be improved with the crossover currently in front of Better Living and keeping the present alignment of Carrsbrook Drive as the least objectionable of all of the improvements planned for the area. He said this plan would still serve the Carrsbrook community the way it currently does. It is true most people who want to go southbound on Route 29 go by way of Old Brook Road or Northfields Road to Rio Road. Even to access the businesses on Route 29 south in Rio Hill, it is easier to go via Rio Road and enter through Berkmar Drive. He does not think a substantial number of people in this community are going to be making turning movements at Sam's Club. Pending information from Ms. Tucker in April that would indicate some reason why this could not be done, he recommends that VDoT be notified of this preferred solution, which is that the situation be left as it currently exists. Mr. Martin seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. Agenda Item No. 8. Approval of Minutes: March 3, 1993. Mrs. Humphris reported that she had read from No. 22 on Page 26 to No. 19 (b) on Page 36, of the March 3, 1993~ minutes, and she will give three suggested corrections to the Clerk. She then moved that these minutes be approved. Mr. Martin seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bowerman and Mrs. Humphris. NAYS: None. ABSTAINING: Mrs. Thomas. Agenda Item No. 9. Other Matters Not Listed on the Agenda from the BOARD. Mrs. Thomas said that the unanimous vote taken on the Carrsbrook entrance situation does not imply that VDoT had an evil intent in this plan. She said that since this was being implied by a number of speakers~ she thought she would disassociate herself from the accusations. She said the Board has chosen to-save the neighborhood and increase the danger on Route 29 North, which is the right decision for this Board to make, but it is not that the SupervisOrs chose good against evil. Mrs. Thomas stated that she attended the National Association of Counties Legislative Conference in Washington, D.C. and suggested that others should go to these meetings if they ever get a chance. She went on to say that it was the most valuable conference she ever attended. She reported that there were protesters who came and broke up one of the meetings. The protest- ers were protesting against funds for school lunches being cut and local government official's feared they may have to pick up some of these expenses if they are cut at the federal level. She added that the people who came to the NACo meeting went to see their congressmen,. She went to see Mr. Bliley and sat in on sessions with Mr. Sisisky and Mr. Payne. Mrs. Thomas remarked that NACo is alerting people to a major issue which has to do with solid waste flow control legislation. This certainly did not interest her when she first heard about it, but there may be a federal law passed which will indicate that local governments cannot control their solid waste flow. She commented that this has major implications for Rivanna Solid Waste Authority bonds. Apparently, when private solid waste disposal com- panies' welfare is at hand, it is less important that local governments have control. This is one issue that the Board of Supervisors may want to make some comments about. Mrs. Thomas asked Mr. Tucker to find out how relevant this matter is to Albemarle County. She came home with approximately ten inches of material, which she will distribute to different offices in the County Office Building. Mrs. Thomas then mentioned a recent issue concerning steep' slopes. She said the Supervisors faced what appeared to be an impossible dilemma because most of the Board members wanted to do something about a development that was going to box in a steep slope and build a privately-maintained retention pond within the County's reservoir watershed, increasing the building area on a marginal lot. She recalled that nothing could be done because of the way the ordinance is worded. The issue was not a legislative matter in front of the Board, but an administrative one. She believes this misled the public and was frustrating for this Board. If the other Board members concur, she would like March 8, 1995 (Regular Night Meeting) O00141 (Page 20) · the staff to look into changing that section of the ordinance so that it is either clear that it is simply an administrative rubber stamp if. certain criteria have been met, or it needs to be changed so that it is part of site plan review and becomes a legislative question on which this Board has some discretion. She said people are misled when they come to a meeting with the idea that they can change the Supervisors' thinking, but this is not true when the Supervisors do not have the ability to do anything other than approve the matter. She is not certain what should happen now, but she does not think it should be left as it is. Mr. Bowerman said site plans are approved administerially and do not require legislative action, so it would have to be covered in some other place in the ordinance. Mr. Tucker asked if Mrs. Thomas meant that the matter should be stopped at the Planning Commission level and not be appealable to the Board of Super- visors. If this is the case, the Commission members would be approving it or denying it as a ministerial act, and that would be the end of ito It would not then become a political issue because it would become almost a land use discussion with the Supervisors. Mr. Bowerman said it could still be appealed to this Board. He recalled that this is what happened with the issue to which Mrs. Thomas is referring. Mr. Tucker indicated that he understands this. He thought Mrs. Thomas was saying that the matter of bringing such issues to this Board should be removed. Mrs. Thomas commented that site plans can be appealed to the Board. Mr. Bowerman agreed that any site plan can be appealed. Mrs. Thomas said that if this was in the site plan section of the ordinance, it would be appealed to the Board and there would be some ability to act or react differently. She noted that the section of the ordinance where it is currently located does not allow the Supervisors anything but an administrative review. She said it could stop at the Planning Commission level and not be appealable except to the court. Mr. Martin remarked that the word "may," was where the problem began. He said people read politics into that word, but the Board really did not have any discretion. He said the ordinance needs to 'say what it really means. Mr. Bowerman said he thinks a policy decision needs to be made by the Supervisors as to whether or not that part of the ordinance is what it says, which is an environmental concern about runoff, or whether it is a land use issue because it allows further development. If it is a land use issue in terms of full-scale development of the site, then it should relate to legisla- tive action and a l~and use issue. If it is strictly for protection of the watershed from runoff and siltation if Engineering indicates that it can be dealt with, then it is not properly a Board matter. He said the Supervisors just need to decide how they feel about that issue° Mrs. Thomas said she is not suggesting that this decision be made this evening, unless other Board members have totally made up their minds. She would like to have a discussion on this matter, and a decision be made at a later date. Mrs. Humphris commented that a work session is needed because the people who were at the meeting went away totally astonished at what happened. These people thought the Supervisors had betrayed them, and they did not understand the situation at all. She said the Supervisors had to admit that it was hard enough for them to understand it. The people thought that the Supervisors were going to make their decision based on other criteria. She reiterated that a work session is a good idea so this Board can decide whether it wants to take this matter into the land use area or the conservation area. Mr. MarShall remarked that before that meeting he had made it very clear that this was not a zoning issue. He said he knew a lot of people were going to speak out, but he tried to inform them that it was a legal matter. As someone who has been in the same building for 30 years, he is hesitant about changing things. He pointed out that if he had a fire in his building., he would not have a livelihood if City officials were to do the same thing to him. He noted that there are a lot of "Mom and Pop" grocery stores in the County, and there are a couple of them located on Route 20. Mrs. Humphris stated that there is a difference in replacing the Mom and Pop grocery store if it burns with a Food Lion type store. Mrs. Thomas agreed that the zoning is such that a restaurant, hotel or house could be replaced if it burned, but with the issue to which she is referring, the people were concerned about adding one-third more to the property so they could build something a great deal bigger. She recalled that someone in the Planning Office mentioned that it was essentially a rezoning because the size would increase so greatly, but the Supervisors could not treat it as that sort of situation. Mr° Marshall agreed that this situation needs to be discussed. He said he would not want to put anybody whose property had been grandfathered in jeopardy. Mrs~ Thomas stated that she did not see changing the regulation as doing that. March 8, 1995 (Regular Night Meeting) (Page 21). Agenda Item No.~O Adjourn to March 13, 1995, 1:00 p.m. 000:142 With no further business to come before the Board, at 9:45 p.m., mo%ion was made by Mrs. Numphris, seconded by Mr. Marshall, for the Board to adjourn to March 13, 1995, at 1:00 p.m. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Marshall, Martin, Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None.