1995-04-05April 5, 1995 (Regular Day Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of
Virginia, was held on April 5, 1995, at 9:00 A.M., Roo~
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte
R. Marshall, Jr. (arriving at 9:02 a.m.), Mr. Charles
Perkins and Mrs. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Mr. Robert
Attorney, Mr. Larry W. Davis, and County Planner, Mr.
Agenda Item No. 1. The meeting was called to or
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
Public.
Mr. John Hornuff said he has lived in the Stony
1987. He explained that he has had to call the County
occasions concerning noise. The officer who answered 1
meter to use and was not certified to use such a meter
the only meter the Police Department owns was locked ii
Mr. Hornuff said he believes the County's Noise Ordinal
to implement and less depend on instrumentation withoul
ty. Non-parametric statistical methodology provides a
assessing the validity of, and the ordering of a colle~
shares a characteristic. Non-parametric statistics is
ordering based on a simple sensory assessment. He sai~
embody fairness that is not evident using the number gt
Mr. Perkins said the Board has asked staff to
nance on several occasions. Mr. Martin said he has spt
Mr. Hornuff, and he is aware that the Noise Ordinance
believes it will be before the Board in late May for
Mr. Bowerman said Mr. Hornuff's suggestion is sot
also discussed, a common sense approach. He asked what
out about this method. Mr. Tucker said the whole issu~
ordinance will be upheld in court.
Mr. Davis said the Zoning Department surveyed
most use the decibel level because it is an objective
are more likely to use. When you get into subjective
are difficult, often because they involve domestic dis
noise levels. However, there are jurisdictions that h
standards for noise levels. There is a debate in the
whether or not they are enforceable or reasonable.
Mr. Hornuff said he had considered bringing a si
show the Board how easy it is, and how reproducible it
scientific community. It is considered to be a scient
method. It is less expensive, and equally fair in man'
said he does not advocate that it replace the decibel
Mrs. Humphris asked if it is possible that this
could ever match the decibel method. Based on what th
can there be two ways of measuring that do not match.
problem with the noise meter is that they do not neces
nuisance noise. The trick in the law is try and figur~
will measure what is offensive to a person of reasonab
the legal standard.
Mrs. Thomas asked if Mr. Hornuff has had experiel
having a decibel meter and going through the ordinance
Mr. Hornuff said "never". He understands there is onl'
night time there are only four officers to cover the el
Thomas said if an ordinance is written so it is so equ
will not be useable is different from saying that the
not good if the officer has the equipment with him.
Mr. Martin said he believes the ordinance which
driven primarily by instrumentation, and it does inclu
an increase in instruments and training to use those i
Agenda Item No. 5. Consent Agenda. Motion was
is, seconded by Mr. Bowerman to approve items 5.1, 5.2
agenda and to accept the remaining items as informatio
specific items are included with the item.) Roll was
carried by the following recorded vote:
000262
~lbemarle County,
7, County Office
Humphris, Mr. Forrest
· Martin, Mr. Walter F.
Tucker, Jr.; County
Wayne Cilimberg.
[er at 9:03 a.m., by the
:he Agenda from the
~oint area since August,
Police on several
:he call had no decibel
He understands that
1 somebody's office.
ice can be made simpler
~ any loss of objectivi-
mathematical basis for
~tion of anything that
valid, even with
this method would
.nerating decibel meter.
)k at the Noise Ordi-
)ken with staff and with
.s being rewritten. He
.scussion.
~ething the Board had
the staff had found
is whether or not the
'eral jurisdictions and
~tandard that the courts
~tandards, convictions
)utes in addition to
~ve more subjective type
Legal community as to
~le demonstration to
is. It is used in the
[fically objective
; ways. Mr. Hornuff
[eter.
~ommon sense method
~ Board has seen, how
Mr. Davis said the
~arily measure the
~ out a standard that
[e sensitivity. That is
~ce with an officer
with a meter in hand.
~ one meter, and at
~tire county. Mrs.
[pment-driven that it
~rdinance as written is
~ill be recommended is
~e recommendations for
/struments.
Dffered by Mrs. Humphr-
and 5.3 on the consent
a. (Discussions on
salled, and the motion
April 5, 1995 (Regular Day Meetingi
(Page 2)
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerm.
Mr. Marshall.
NAYS: None.
(Note: Mr. Marshall left the room at 9:21 a.m.)
Item 5.1. Request to replace one member on the
Districts Advisory Committee. It was noted that the ~
Districts Advisory Committee was formed in 1983 to advl
Commission and Board of Supervisors regarding agricult'
Ms. Marcia Joseph is currently employed as the County'~
was appointed to the Committee several years ago befor,
the County. While Ms. Joseph has been a valuable memb,
is giving up her position on the Committee to avoid an'
conflict of interest with her County job. The Board nl
member (the committee does not require magisterial dis
The Committee currently lacks a member with knowledge
Mrs. Humphris suggested that Mrs. Rosemary Dent
runs a farm and she is a person of great repute in the
There were no objections expressed.
Item 5.2. Accept Southern City and Entrance Cot
to MPO Policy Committee. It was noted that the Southe
Corridor Study is a joint study conducted by KELLERCO
lottesville, the Virginia Department of Transportation
County through the Metropolitan Planning Organization
tire of this study was to develop an on-going cooperat
which resulted in a City/County/VDOT consensus on a So'
Transportation Plan and an Entrance Corridor Conceptua
A summary of the Study's conciusions and recommel
which impact the County, were sent to the Board along'
Attachment A thereto. Recommendations include connect~
Street and Route 742 (Avon Street), and Route 742 and i
dation in the County's current Comprehensive Plan), an,
Fifth Street/Interstate-64 interchange. Ivy Road (Rou
742 are identified as the top two priorities in the En
Two public hearings were held during the conduct
addition, a joint City Council/Planning Commission pub
February (several Albemarle County Planning Commission
of the Board of Supervisors attended the City's joint i
concern expressed at this public hearing was the poten
road improvements on City neighborhoods. The County P
not plan to hold a separate public hearing on the Stud'
its final presentation of conclusions and recommendati
Committee in May. Staff recommended that the Board ac
forward that recommendation to the MPO Policy Committe
Mrs. Humphris noted that in the two places where
to the "MPO Policy Committee" it should say "MPO Board
this study has some interesting things in it. For exa'
Avon Street is not recommended in this study.
(Note: Mr. Marshall returned at 9:24 a.m.) Mrs
not just a simple report and requires a lot of study.
understand why that interchange is no longer essential
other recommendations in the report about east/west ro
interchange ($5.0 million).
Mr. Marshall agreed that the interchange at Avon
if the connector road is constructed. He would even p
over the interchange. A connector road would also hel
the University and other areas more easily.
Mrs. Thomas said this study brings out the confl
residents and County residents. What is done on Avon
the neighborhoods such as Elliott Avenue and Avon Stre
hearings have brought to her attention how closely iht
are in the southern area. The City residents want the
at what it is planning to do. People living on Ridge
proposal in this study that says parking will be taken
Mrs. Humphris said everybody wants the City to b
viable and alive, and in order to do that people have
out of the City. She does not know how people will mo
growth areas into the City without going through someb
There was no further discussion of this item.
By the recorded vote set out above, the staff's
approved.
Mrs. Humphris and
~gricultural/Forestal
'riculturat/Forestal
.se the Planning
lral/forestal districts.
Design Planner, but
becoming employed by
r of the Committee, she
; perception of a
~eds to appoint a new
~rict representation).
)f horses.
)e appointed. Mrs. Dent
horse farm community.
fidor Study and forward
fn City and Entrance
~or the City of Char-
(VDOT), and Albemarle
(MPO). The key objec-
ire planning process
~thern Charlottesville
Plan.
dations, several of
~ith the report as
)r roads between Fifth
~oute 20 (a recommen-
~ the upgrading of the
ze 250 West) and Route
~rance Corridor Study.
of the study. In
[ic hearing was held in
members and two members
hearing). The main
~ial negative impact of
[arming Commission does
f. KELLERCO will make
)ns to the MPO Policy
~ept the study and
the staff report refers
". Mrs. Thomas said
nple, the interchange on
Humphris said this is
The Board needs to
and it is because of
Lds and the cost of the
Street is not needed,
uefer the connector road
people get to and from
cts between City
Btreet Extended affects
et, so the public
erconnected decisions
Board to look closely
Street are angry at the
off of the street.
~ economically thriving,
~o be able to get in and
ve from the County's
Ddy's neighborhood.
recommendation was
April 5, 1995 (Regular Day Meeting)
(Page 3)
Item 5.3. Resolution to accept Lanford Drive in
sion into the State Secondary System of Highways. At
County Engineering Department, the following resolutiol
recorded vote set out above:
RESOLUTION
WHEREAS, the street in Lanford Hills descr
attached Additions Form SR-5(A) dated April 5, 1
porated herein by reference, is shown on plats r
Clerk's Office of the Circuit Court of Albemarle
and
WHEREAS, the Resident Engineer for the Vir.
of Transportation has advised the Board that the
requirements established by the Subdivision Stre
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the A
County Supervisors requests the Virginia Departm
tation to add the road in Lanford Subdivision as
attached Additions Form SR-5(A) dated April 5, 1
secondary system of state highways, pursuant to
Virginia, and the Department's Subdivision Stree
and
BE IT FURTHER RESOLVED that the Board guar
unrestricted right-of-way, as described, and any
.ments for cuts, fills and drainage as described
plats; and
FURTHER RESOLVED that a certified copy of
forwarded to the Resident Engineer for the Virgil
Transportat ion.
The road described on Additions Form SR-5
1)
Lanford Drive from the edge of paver
649, 990 lineal feet to the end of t
shown on plat recorded 5-13-91 in De
pages 361-363, in the Office of the
Circuit Court of Albemarle County, s
right-of-way and additional drainage
in Deed Book 1454, pages 447-449, fo
of 0.19 mile.
Total mileage 0.19 mile
Item 5.4. Letter dated March 22, 1995, from Mrs
Engineer, Department of Transportation, to Mrs. Ella W
ing the monthly update on highway improvement projects
construction and the quarterly report of projects unde
County.
000'264
Lanford Hills Subdivi-
zhe request of the
was adopted by the
bed on the
)95, fully incor-
~corded in the
County, Virginia;
~inia Department
street meets the
~t Requirements of
[bemarle Board of
~nt of Transpor-
described on the
)95, to the
33.1-229, Code of
Requirements;
~ntees a clear and
necessary ease-
)n the recorded
;his resolution be
~ia Department of
%) is:
~nt of State Route
~e cul-de-sac as
~d Book 1153,
]lerk of the
~owing a 50 foot
easement recorded
a total length
A. G. Tucker, Resident
Carey, Clerk, forward-
currently under
design in Albemarle
ROUTE LOCATION STATUS ESTIMATED
NO. COMP. DATE
29 From Hydraulic Rd (Rt 743) Construction 67% I Dec 95
To N Rio Rd (Rt 631) Complete I
(1) 29 FROM RIO ROAD TO RIVANNA RIVER (WIDEN TO 6 LANES) ~ ADV 24 MO
(2) 29 SO FORK RIVANNA RVR TO AIRPORT RD (RT 649) (WIDEN TO 6 LANEt) 08-99 24 MO
(3) 610 FROM ROUTE 20 TO 1.8 MI E ROUTE 20 (GRAVEL ROAD) / 10-96 6 MO
(4) 631 (RIO RD) FROM BERKMAR DRIVE TO ROUTE 29 ~ 08-95 6 MO
(5) 631 (RIO RD) FROM ROUTE 743 (HYDRAULIC RD) TO BERKMAR DRIVE / 09-97 12 MO
(6) 631 (RIO RD) FROM NCL CH'VILLE TO CXS RR (MEADOWBROOK PKWY) / 07-97 12 MO
(7) 637 FROM ROUTE 635 TO 0.55 MI W ROUTE 682 (GRAVEL ROAD) / 10-99 12 MO
(8) 649 (AIRPORT ROAD) FROM ROUTE 29 TO ROUTE 606 / 12-00 9 MO
(9), 656 (GREENBRIER DRIVE) FROM ROUTE 654 TO ROUTE 743 / 04-01 6 MO
(10~ 671 BRIDGE & APPROACHES OVER MOORMANS RIVER (MILLINGTON) / ADV 12 MO
April 5, 1995 (Regular DaY Meeting)
(Page 4)
(11) 682 FROM ROUTE 250 TO 1.7 MI S ROUTE 250 (GRAVEL ROAD) i 08-95 12 MO
(12) 711 FROM ROUTE 712 TO ROUTE 29 (GRAVEL ROAD) 10-97 5 MO
(13) 712 FROM ROUTE 29 TO ROUTE 692 (GRAVEL ROAD) 10-96 9 MO
(14) 743 (HYDRAULIC RD) FROM ROUTE 657 (LAMBS ROAD) TO ROUTE 631 01-96 12 MO
(15) 759 FROM ROUTE 616 TO FLUVANNA COUNTY LINE (GRAVEL ROAD) 10-99 5 MO
(16) 760 FROM ROUTE 712 TO ROUTE 29 (GRAVEL ROAD) 10-98 12 MO
(17) 866 (GREENBRIER DR) FROM ROUTE 743 (HYDRAULIC RD) TO ROUTE 1455 09-99 9 MO
Item 5.5. Memorandum dated March 28, 1995, from
Jr., County Executive, providing information on the 19
Ratio Study. It was noted that the 1993 median ratio
96.6 percent with a Coefficient of Dispersion of 6.87
ratio ranks 13th and the Coefficient ranks llth compar
counties analyzed in the study. This is exceptional c
238 localities reassess annually.
Mrs. Thomas would like to have a listing showing
do on their assessments. Mrs. Humphris and Mrs. Thoma
for achieving this level.
Mr. Perkins asked what the 96.6 percent indicate
it means that the sales ratio the County makes compare
percent accurate. Mr. Perkins asked if assessments ar
years. Mr. Tucker said a lot of rural counties still
every four or five years. He added that Albemarle Cou
every two years, but there has been some discussion of
annual assessment. If assessments were done on an ann
not be as ~much confusion.
Mr. Marshall pointed out that the County's asses
the appreciation of property values is not being reali
years as in the past. He feels the Board and staff ar
very careful with the budget, because the revenues are
great in the future. He asked where the County will g
assessments are that close. Mr. Tucker noted that ass
leveled off. He added that the reason the staff does
as well as revenue projections, is to keep abreast of
is no question that the economy has leveled off, but s
is making plans.
Item 5.6. 1994 Third Quarter Building Report pr
of Planning and Community Development, received for in
Item 5.7. 1994 Fourth Quarter Building Report
P
ment of Planning and Community Development, received a
Item 5.8. 1994 Year End Building Report prepare
Planning and Community Development, was received as in
Mrs. Thomas said when the Zoning Ordinance was a
decided that the Board would receive a quarterly repor
accessory apartments approved. They have not received
date.
Item 5.9. Copy of Planning Commission minutes f
1995, received as information.
Mrs. Thomas noted that on page 2 of the minutes
the bottom of the page, the sentence reading "only the
requires that a property be part of an ag-forestal dis
Davis said there are three different ways open space c
land use taxation: 1) if there is a permanent easemen
open space; 2) if the land is part of an agricultural/
if there is a use agreement with the Board of Supervis
land will be maintained in open space for a period of
Item 5.10. Summary of activities for the Jeffer
(JABA) Advisory Council prepared by Mr. Robert J. Walt
noted that one major issue in process since January, 1
campaign for the Thomas Jefferson Adult Healthcare Cen
the Center has been approved by Albemarle County. Thi
the-art family care center with "one-stop shopping" in
clinic, home safety, and other allied activities. A C
of 35 community leaders has been recruited and plannin
underway.
Mr. Robert W. Tucker,
93 Preliminary Sales
for Albemarle County was
0ercent. The median
~d to the 136 cities and
Dnsidering the fact that
how well other counties
congratulated staff
Mr. Tucker basically
to comparables is 96.6
~ required every six
have their assessments
~ty has an assessment
the County going to an
ual basis, there would
sments are close, but
zed as closely in recent
e going to have to be
not going to be as
D from here, when the
essments have now
five year projections,
the trends, etc. There
taff is aware of it and
~pared by the Department
formation.
repared by the Depart-
information.
by the Department of
formation.
nended last year, it was
t on the number of
a report as of this
Dr March 7 and March 14,
Df March 14, 1995, at
open space category
trict" is not true. Mr.
an be included under the
t dedicating the land to
forest district; and, 3)
Drs providing that the
four to ten years.
son Area Board for Aging
ers, Jr. Mr. Walters
994 is a capital funds
ter. The site plan for
s will be a state-of-
cluding day care,
apital Campaign Cabinet
~ activities are
April 5, 1995 (Regular Day Meeting)
(Page 5)
Other activities are mentioned in the report whi
permanent part of the records of the Board of Supervis.
Item 5.11. Letter dated March 15, 1995, from Mr
Secretary of Commerce and Trade, to Mrs. Ella W. Carey
visitors center on Route 29 in Danville, received as il
Item 5.12. Copy of letter dated March 17, 1995,
Vosmik, Director, Division of Survey and Register, Dep
Resources, to Mr. F. Palmer Weber, Malvern Farm, statil
Historic Resources rescheduled its consideration of Ma
for inclusion in the Virginia Landmarks Register, unti
Item 5.13. Copy of minutes of the Board of Dire
County Service Authority for February 23, 1995, receiv
Item 5.14. Copy of minutes of the Board of Dire
Water & Sewer Authority for February 27, 1995, receive
Item 5.15. Copy of letter dated March 22, 1995,
J. Toscano, Mayor, City of Charlottesville, from the H
Perkins, Chairman, providing information on items in t
proposed budget that were approved by the Board during
Items mentioned included: 1) a recommendation to fund
the Teen Center at 58.5 percent with a request that th
at 41.5 percent; 2) a recommendation to provide a two
Compensation Board funded staff at the Jail on top of
a recommendation to fund $18,000 ($6,000 per officer il
University Narcotics Unit) for overtime, buy money, in
and general operations since asset seizure monies are i
a recommendation to fund the County's share of both th
and the Library Clerk at the Northside Library; and 5)
reduce the County's contribution to the Jail based on
share of prisoner days for the prior fiscal year.
Mr. Perkins asked if there had been a reply from
funding of the Teen Center. Mr. Tucker said "no".
Item 5.16. February, 1995 Financial Report, rec
~h is on file and made a
Drs.
Robert T. Skunda,
Clerk, re: regional
Lformation.
from Ms. Julie L.
~rtment of Historic
%g that the Board of
[vern, Albemarle County
April 19, 1995.
tors of the Albemarle
ad as information.
:tors of the Rivanna
for information.
to the Honorable David
)norable Walter F.
le County's FY 1995-96
its work sessions.
the County's share of
City fund their share
)ercent stipend to State
~heir state salaries; 3)
~ the joint City/County/
~°rmant funds, equipment
~o longer available; 4)
Library Assistant II
a recommendation to
;he County's actual
the City concerning
~ived for information.
Item 5.17. Letter dated April 3, 1995, from Mrs~ Angela G. Tucker,
Resident Engineer, Department of Transportation, to MrS. Ella W. Carey, Clerk,
providing responses to items discussed at the Board's ~eeting of March 1,
1995, as follows: [
Route 610: The Residency Office has met with affected property owners.
The property owners most impacted by the realignment option did not want
this project to deviate from the original scope
improvement project). After revisiting those pr
yet to donate necessary right of way for the for
the Department has secured the deeded right of w
project to remain with a 10/96 ad date. There i
purchase right of way, therefore, the option to
612 at Route 20 is not necessary.
Route 656 (Georgetown Road): Comments regarding
through trucks will be received through April 15
tion will be forwarded to the State Traffic Engi
Commonwealth Transportation Board in May or June
Route 633 and Structure No. 6029: These are bei
sion in the County's Secondary Six Year Plan pti
Department is currently discussing with the rail
upgrading the bridge to an unrestricted access.
Routes 250 and 810, guardrail: Requests have be
District Maintenance Engineer for inclusion in u
Angela Tucker clarified that on the Project List
Agenda Item 5.4 had two errors No. 4 should rea
Berkmar Drive to Route 29 North", and No. 5. sho
Route 743 to Berkmar Drive. No. 17. is "Route 8
from Route 743 {Hydraulic Road) to Route 1455."
will only be built if it is accepted as a piece
(Note: Correct chart was printed under Consent
Hydraulic Road and Georgetown Road: Work on the
intersection started today (April 3, 1995). The
trend and subsequent data base that was needed t
at this location was an issue shared with the ta
Traffic Engineer. It appears a misunderstanding
(Route 610 as a no-plan
)perty owners that had
the basic improvements,
~y that will allow this
~ no longer any need to
~ealign Routes 610 and
the restriction of
, 1995. A recommenda-
leer for action by the
reviewed for inclu-
~rity list. The
~oad the possibility of
~n forwarded to the
)coming schedules.
ing sent for Consent
~ "Route 631 from
aid read "Route 631 from
56 (Greenbrier Drive)
Mrs. Tucker said No. 4
Df the current project.
~genda Item 5.4)
revised radius at this
left turn accident
D property assess safety
~k force by the District
may have occurred about
April 5, 1995 (Regular Day Meeting)
(Page 6)
this concern, but fortunately we are making prog
this action, so all is moot. We will plan for t
be replaced at this intersection this time next
dramatic safety concerns.
Item 5.18. Letter dated March 27, 1995, from Mr
Assistant Commissioner Operations, Department of Trans
in Primary System made necessary by the relocation and
250, Project: 0250-002-105, C-501 in Albemarle County
Commonwealth Transportation Board on March 16 as shown
and described as follows:
SECTION ABA/qDONED AS PROVIDED UNDER SECTION 33.1
CODE OF VIRGINIA:
Section 1 - Old location of Route 250, located n
location, from Station 88+00 to Stat
0.24 mile
Item 5.19. Letter dated March 27, 1995, from Mr
Assistant Commissioner Operations, Department of Trans
in Primary System made necessary by the relocation and
20~ Project: 0020-002-S17, C-501 in Albemarle County
Commonwealth Transportation Board on March 16 as shown
and described as follows:
SECTION ABAiqDONED AS PROVIDED UNDER SECTION 33.1
CODE OF VIRGINIA:
Sections 1 - Old location of Route 20, located n
and 2 new location, from Station 156+00 t
0.21 mile
Item 5.20. Memorandum dated March 31, 1995, fro
General Registrar, re: District/Precinct Name Changes
that the U. S. Department of Justice has approved the
Charlottesville Magisterial District to the Rio Magist
approved was the name changes for precincts: the Berk
Commonwealth Precinct, and the Rio Hills Precinct is n
Precinct.
Agenda Item No. 6. Approval of Minutes: Decemb
13(A) and February 15, 1995.
Mr. Bowerman had read the minutes of February 13
typographical error.
Mr. Marshall had read the minutes of February 15
end, and found them to be in order.
Mr. Perkins has read the minutes of February 15,
12 and found them to be in order.
Mrs. Thomas had read the minutes of December 7,
#13 on page 15, and found them to be in order.
Motion was offered by Mrs. Thomas, seconded by M
the minutes which had been read. Roll was called, and
the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
NAYS: None.
Agenda Item No. 7a. Transportation Matters: Di
Proposed Improvements (deferred from March 1, 1995).
Mrs. Tucker discussed the Route 610 proposed imp
that all affected property owners have been contacted
would or not take place. She said the first contact w
the realignment would have been a forced impact situat
adamantly opposed to the realignment of Routes 610 and
been in this particular home since 1987 or 1988. Prio
house, this family had requested a status of Route 610
that gravel road improvements would be the scope of th
hope that this property owner might be agreeable to im
roads is not going to happen. Fortunately, as VDOT st
to that fact, they also approached the other property
these property owners were adamantly opposed to donati
of-way, which brought the project to the point of bein
in order to purchase rights-of-way. The property owne
donate the necessary rights-of-way, so things are back
improvement project for Route 610 that will not necess
000267
;ess in implementing
ne permanent curbing to
nonth, pending any
· Claude D. Garver, Jr.,
Dortation, re: change
construction on Route
was confirmed by the
on a sketch received
.148 OF THE 1950
Drth of the new
ion 100+64 -
· Claude D. Garver, Jr.,
Dortation, re: changes
construction on Route
Tere confirmed by the
on the attached sketch
-148 OF THE 1950
)rthwest of the
Station 167+05 -
Mr. James M. Heilman,
· Mr. Heilman noted
lame change for the
~rial District. Also
~ley Precinct is now the
~w the Agnor-Hurt
~r 7, 1994; February
(A), 1995, and noted one
1995, pages 13 to the
1995, pages 1 through
.994, pages 1 to Item
cs. Humphris, to approve
the motion carried by
nan, Mrs. Humphris and
~cussion: Route 610
rovements and she stated
~here the four options
as with the people where
ion, and they were
612. This family has
~ to purchasing the
~ and they were told
_ project. VDOT staffs
proving both of these
aff resigned themselves
Dwners. In the past,
~g the necessary rights-
3 more or less rescoped
rs have now agreed to
on track, with an
arily fully improve its
April 5, 1995 (Regular Day Meeting)
(Page 7)
connection with Route 20, but won't make it any worse
the property owners on Route 610 are now happy.
Mrs. Humphris asked what exactly will be done, a
improvements are concerned. Mrs. Tucker replied that
of state maintenance, 2.0+ miles, the road will be wid
a 50 foot right-of-way, and surface treated. There wi
with Route 612.
Mr. Martin explained that this project is basica
the original plan, which was simply to pave and widen
complicated because there was a property owner who wou
for the right-of-way. It is his understanding this pe
sell his property, and he is now willing to donate the
which makes everybody happy.
Agenda Item No. 7b. Transportation Matters: Di
Improvements.
Mrs. Tucker reported to the Board about the Rout
in particular Structure Number 6029 over the Norfolk al
She said a field review is being planned soon. The po
good to upgrade that structure to a two-lane nonrestri
time VDOT will take over the full maintenance of the s
it is the Railroad's responsibility to maintain the st
improve it. The fact that Railroad representatives ar
site to discuss the situation is a good sign. This is
tice~ and she knows of one other such project that pro
near Montpelier, so this is a promising situation, so
Board advised as the VDOT staff gets further into thos
likely that the project will need to be included in th
minimal funding along with improvements to Route 633,
Agenda Item No. 7c. Transportation Matters: Re
Crossover near Carrsbrook Drive.
Mrs. Tucker presented two new options which will
public concerns mentioned at the Board's meeting last
Option 1) is a crossover location which serves t
business. It leaves the Carrsbrook intersection as is
close proximity of that crossover to Carrsbrook, but i
crossover with Carrsbrook Drive, however the raised col
Carrsbrook intersection would make it such that the tr
allowed to skew across that intersection illegally
29. Traffic going south on Route 29 would no longer b
cross Route 29 to get into Carrsbrook Drive. There is
that crossover. It will be signed for no U-turns, no
traffic would have to proceed further south to the Woo
intersection to make a U-turn and go back to the north
Mrs. Thomas wondered if people going north from
able to use that crossover. Mrs. Tucker responded, "y
going north will be provided a left turn lane to enter
they will be able to make their left turns across the
000268
She emphasized that
far as the Route 610
~rom Route 20 to the end
ened and improved within
be no realignment
kly being taken back to
5he road. This plan got
Ld not donate property
~son is getting ready to
necessary right-of-way,
cussion: Route 633
e 633 improvements and
id Southern Railroad.
5ential looks fairly
~ted facility, at which
zructure. At this time,
~ucture, but not to
~ willing to meet on
not a frequent prac-
~eeded in this manner
Gar. She will keep this
discussions. It is
Six-Year Plan for some
hich is a gravel road.
~ort on Route 29 North
hopefully address the
nonth.
he Better Living
on Route 29. Note the
: does not align the
~crete island in the
~ffic would not be
head southbound on Route
~ able to turn left and
no left-turn lane at
left turns, and instead,
~brook Drive signalized
to Carrsbrook Drive.
Better Living would be
~s" She said people
that crossover, and
southbound lanes of
Route 29 into the Better Living business. Signage wil~ be used to prohibit
people heading north from making a U-turn at that poin~ to head back south.
There will also be no deceleration lane at that point./
Mr. Bowerman added that the left turn can still ~e made, if the people
drive to the Woodbrook signalized intersection. He pointed out that there is
not a lot of traffic there because Woodbrook is a fixe
approximately 100 homes. He said cars cannot go anywh
except into Woodbrook, so that won't increase the left
except for the people who live in Carrsbrook who want
noted that this intersection is only a couple of thous
road for the Carrsbrook residents. This is preferable
and coming all of the way back down Route 29.
Mrs. Tucker said it requires anyone leaving Carr
U-turn at the Wal-Mart signal in order to head southbo
requires a U-turn at Woodbrook in order to head northb
Carrsbrook, i.e, it requires U-turns in both direction
residents.
Mrs. Tucker said Option 2) is aligning a crossov
Carrsbrook such that it serves potentially two commerc
time, it serves only one commercial property, Better L
would restrict left-turns by signing at. this location;
turns. Traffic would be forwarded to the Woodbrook in
would allow for people heading southbound out of Carrs
onto southbound 29 directly from their entrance. It i
four-way stop conditions along Carrsbrook to discourag
that neighborhood (Clarke Lane/Carrsbrook Drive and No
Road/Carrsbrook).
i community. There are
~re at that point,
turn movements there,
~o make the U-turn. He
~nd feet further up the
to going to Rio Road
sbrook to head north and
lnd, and it also
bund and enter
for Carrsbrook
r with a realigned
ial properties. At this
lying. This option
restrict all left
~ersection, however, it
0rook to make left turns
also proposed to put
through traffic in
thfields
April 5, 1995 (Regular Day Meeting)
(Page 8)
Mr. Bowerman said the only thing Option 1 has th
the residents who appeared before the Board is that th
anymore. Based on what he heard, it seems Option 1 is
prevents through traffic. He understands the resident
than their own convenience in being able to do that.
Mr. Bowerman said there is a vertical curve near
intersection with Carrsbrook drive and there are three
cars overtopping the rise at more than 35 miles per ho
been re-signed to 25 mph, and there is simply no sight
driveways. Since Carrsbrook Drive will no longer be c
route, he would have no objection to signing that four
Mr. Bowerman said the citizens would have prefer
at all (leave Carrsbrook as it is, and leave the cross
is at the southernmost entrance to Better Living). Th
because the access to Better Living did not optimally
the present location.
Mrs. Tucker said this new crossover is being loo
Living's parcel, which is better done by moving the cr
point shown on Option 1. There was also a concern tha
Route 29 from four lanes to six or seven lanes that th
currently being made would become more unsafe. There
through lanes along this section of Route 29, so it is
cars to try and skew across the intersection.
Mr. Bowerman said it came down to one of these t
are acceptable to VDOT. The second plan is clearly no
want. Option 1 is left as the best solution and which
Carrsbrook who have to come from the north to get in C
going to the light at Woodbrook making the U-turn move
back.
Mr. Martin said this change effects mainly the p
etc., and if that is what they want, he feels it is re
said he feels there will be people who oppose this new
did the best it could in advertising the public hearin
in to comments. He has been free to talk to anyone wh
All things he has learned lead him to support the top
Mr. Cilimberg asked if the Kegler's crossover re
said "yes". Mr. Cilimberg said that is a full interse
brook retail site develops, so that will be the first
could do a U-turn. It would be Woodbrook. Mrs. Tucke
will be signed for no U-turns because it is not signal
said he believes it will be signalized when the retail
will be that option. Mr. Bowerman said there would al
there then, but initially there would be none there or
Mrs. Tucker said that is correct.
Mr. Bowerman said every improvement that could b
that was acceptable from a safety point of view. All
comments that were heard except Option 1, which is not
close as possible to what the people want. Mr. Marsha
knows his people better than we do, so he will support
said the motion should include stop signs at Clarke La
although he is undecided about the stop signs on Carrs
Road. He thinks it would be an improvement safety-wis
discretion of VDOT on that matter.
Motion was then offered by Mr. Bowerman, seconde
the Board support Option 1, which shows a reconfigured
Drive and Route 29, but not a relocated one, and a cro
the southernmost entrance of Better Living to a more c
opposite the midpoint of the Better Living property, a
Carrsbrook Drive and Clark Lane.
Mrs. Thomas said she assumes all this meets with
officials because the stop signs were not a part of th
Mr. Bowerman said the stop signs were part of the disc
problem was examined.
Mrs. Tucker said the stop signs were meant to he
left-turns shown with Option 2. However, given that t
in that neighborhood, that can be readdressed. When s
signs, it was to promote Option 2 in mind with that be
design over the best compromise for the neighborhood's
acceptable to VDOT officials.
Roll was called at this time, and the motion car
recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
000269
at was not requested by
~re will be no left-turn
preferable because it
would rather have that
the Clarke Lane
hidden driveways, and
ar even though it has
distance for those
Dnsidered a through
-way stop.
ued that nothing be done
Dyer where it currently
at was not acceptable
~erve Better Living at
ced at as serving Better
Dssover north to the
with the reconfigured
movement which is
ill be two additional
not a good movement for
~o plans, both of which
what the residents
allows access to
~rrsbrook by simply
nent, turning and coming
eople in Carrsbrook,
~sonable. Mr. Bowerman
regime, but the Board
and having people come
had an interest in it.
lternative.
nains open. Mrs. Tucker
=tion when the Carrs-
~rossover where someone
~ said that crossover
[zed. Mr. Cilimberg
site develops, so there
Jo be left-turn movement
at this new crossover.
e examined was looked at
~ere rejected based upon
perfect, but it is as
ll said Mr. Bowerman
Option 1. Mr. Bowerman
le on Carrsbrook Drive,
orook and Northfields
, but he defers to the
by Mr. Martin, that
entrance at Carrsbrook
ssover relocated from
entered position
well as stop signs on
the approval of VDOT
original Option 1.
lssion as the total
lp sell the restricted
here is a safety concern
Re mentioned the stop
lng the best engineering
concerns. Both are
ried by the following
nan, Mrs. Humphris and
April 5, 1995 (Regular Day Meeting)
(Page 9)
RESOLUTION
WHEREAS, the realignment of a crossover
with Carrsbrook Drive has been pending for many
WHEREAS, after public hearings and numer
consensus has been reached with the residents in
Northfields, Westmoreland and Fieldbrook concern
NOW, THEREFORE, BE IT RESOLVED, that the
Supervisors of Albemarle County, Virginia, does
support for Option 1 (shown on the attached sket
reconfigured (not relocated) entrance of Carrsbr
Route 29 North (the crossover being relocated fr
most entrance of Better Living, Inc. to a more c
opposite the mid'point"of the property) and, if
necessary, the location of four-way stop signs a
of Carrsbrook Drive with Clarke Lane.
Agenda Item No. 7d. Transportation Matters: Di
ville Transit Service - changes to Whitewood Road/Albe
Route 9.
Mr. Cilimberg said on January 4, 1995, the Board
ment of the Albert Court bus stop with a new bus stop
Old Salem Apartments along with two other changes to R
these changes would be to better meet the ridership de
affecting existing ridership or increasing the cost to
The Albert Court bus stop has served the Whitewo
Forest and Camellia Garden residential areas. It has
ridership averaging 10 to 12 riders per day. The ride
the Albert Court location still have access to service
to the stop in front of the Division of Motor Vehicles
Adding the Colonnades stop is intended to help reduce
from JAUNT, which is more costly to provide than CTS s
JAUNT service to the Colonnades in FY 1993-94 was esti
ly $18,000.
Staff and CTS conducted a survey with The Colonn
Apartments to determine if the residents would use the
Staff delivered 300 surveys to Old Salem, 33 (11 perce
out of 220 (37 percent) from The Colonnades were retur
survey show that if service was provided to Old Salem,
residents returning the survey would use the service,
Colonnades residents would do the same. Due to the ti
CTS bus schedule, changes to Route 9 are not expected
August, 1995. Staff continues to recommend this propo
service in Albemarle County.
Mr. Bowerman said he had asked for this matter t
this Board, because he was contacted by the associatio
Whitewood Road apartments. These residents were conce
losing a bus stop, even though they realized that only
people were using it. They still felt they were being
stops were being proposed to be added to the bus line.
existing bus stop to the one in front of DMV, and it t
five minutes. It was a three and one-half minute walk
closer to the intersection of Commonwealth Drive and G
approximately three-tenths of a mile to the DMV bus st
two-tenths of a mile to the other bus stop. He does n
issue from a walking standpoint. It is also not much
bus turn left there and travel along its current route
to suggest that the bus stop be left where it is curre
does not think it will significantly affect the Route
thinks it is important to continue to recognize the us
Whitewood Village residents, and those who want to go
Oak Forest, because he thinks it is a toss up in terms
eliminating that stop. He thinks the stop can be left
the route in order to go to The Colonnades. It is lit
feet around the corner to make that stop and then come
believe that the three and one-half minute walk repres
He believes it is more of a perception situation. Bec
is willing to recommend that the Supervisors leave the
front of the Whitewood Apartments.
Mr. Martin asked if the Supervisors need to cons
Bowerman's recommendation. Mr. Bowerman said he think
insignificant because it would only add a couple of mi
and it would be just over 1,000 feet for the bus to ma
Mrs. Humphris asked if Mr. Bowerman has discusse
the CTS office. Mr. Bowerman answered, "no." Mrs. Hu
CTS officials know things about the time necessary to
schedule~ and the Supervisors would not know about thi
couple of minutes might make a difference. Mr. Cilimb
difficulty does not relate to the cost factor. He sai
OOO270
Dn Route 29 North
,ears; and
)us discussions, a
Carrsbrook,
ing this project;
Board of County
hereby express its
=h) showing a
Dok Drive with
Dm the southern-
entered position
[oundto be
the intersection
cussion: Charlottes-
rt Court bus stop on
approved the replace-
~t The Colonnades and
Dute 9. The purpose of
hand without adversely
the County.
Dd Road Village, Oak
~xperienced limited
rs who caught the bus at
by walking two blocks
on Commonwealth Drive.
zhe demand for service
~rvice. The cost of
hated to be approximate-
~des and Old Salem
proposed bus service.
it) were returned; 81
led. The results of the
94 percent of the
~nd 81 percent of The
netable for printing the
~o take place until late
~ed change in bus
be brought back to
which represents the
ned that they were
a limited number of
penalized because other
He walked from the
Dok him a little over
to the one that was
~eenbrier Drive. It is
Dp and a little over
pt think it is really an
Df an issue to have the
· He Would be willing
ltly located, because he
bus service. He
of that bus stop by
o Station Village or to
of the benefit to
intact and still keep
~rally approximately 500
back. He does not
ents a hardship case.
~use of these facts, he
bus stop in place in
ider the cost of Mr.
~ the cost would be
~utes on the schedule,
~e the complete loop.
d this with anyone at
nphris commented that
~eep the buses on
s. She said even a
erg said he believes the
d the difficulty relates
April 5, 1995 (Regular Day Meeting)
(Page 10)
to the fact that the bus will have to make a U-turn.
believes this is already being done. The bus currentl
Court, turns around and comes back.
Mr. Bowerman repeated that this change would not
hardship, but, on the other hand, it is no big thing t
where it is currently located.
Mr. Martin remarked that he did not think it wou
for a bus route to go over Free Bridge, but it turned
He would agree to this change, if it does not make a d
that CTS officials need to be contacted before this is
make sure that there is not something involved the Sup
about. He added that some things which look simple ar
Mr. Bowerman commented that the preferred and mo
stop is along a side of Greenbrier Drive which does no
said the other side of Greenbrier Drive has sidewalks
to the DMV bus stop.
Mr. Tucker suggested deferring this matter until
get time and costs from CTS officials.
Motion was then offered by Mr. Bowerman, seconde
defer the Charlottesville Transit Service changes to t
Albert Court bus route until the Board of Supervisors
1995.
Roll was called, and the motion carried by the f
AYES: Mr. Martin, Perkins, Mrs. Thomas, Mr. Bowerman,
Mr. Marshall.
NAYS: None.
Agenda Item No. 7e. Other Transportation Matter
Agenda Item No. 8. Public Hearing on a request
area boundaries of the Albemarle County Service Author
to include parcel known as Parcel 30 on Tax Map 32, fo
Assembly of Charlottesville. Advertised in the Daily
March 27, 1995.)
Mr. Ci!imberg summarized the staff report relati
water and sewer service by the Full Gospel Assembly Ch
This property is shown as Parcel 30 on Tax Map 32, it
and it is bordered by Proffit Road. Both water and se
available to the parcels along the south side of Proff
mends approval of this request.
The public hearing was opened. Rev. Sipe, Pasto
Assembly of Charlottesville, stated that his group has
for approximately five years, and currently a port-a-j
being used on the property. He has been told by Count
available to them, because public water is directly ac
church. The church lot is small, and he is unsure if
put on the lot. This is why he is requesting water an
church building. He has not gotten any permits, etc.,
he wants to make sure that everything is in order befo
that his church group is at the mercy of the County of
There being no one else who wished to speak, the
closed.
Motion was offered by Mr. Martin, seconded by Mr
service area boundaries of the Albemarle County Servic
and sewer service to include Tax Map 32, Parcel 30, fo
Assembly of Charlottesville. Roll was called, and the
following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
Agenda Item No. 9. Public Hearing on an ordinan
Chapter 3, Amusement, of the Code of Albemarle. This
28~ Limitations on bingo operations, will add wording
of bingo games on Saturday and Sunday to be between 1:
Hours of operation for the remainder of the week remai
11:00 p.m. (Advertised in the Daily Progress on March
Mr. Tucker summarized the need for the ordinance
the minutes of March 1, 1995. He recalled that a requ
last month from the Senior Center representatives aski
bingo ordinance be amended to allow an expansion of th
They were requesting that the bingo hours on Sundays b
0002,71
~r. Bowerman said he
travels down Albert
cause a significant
leave the bus stop
d make a big difference
out to cost $100,000.
[fference, but he thinks
approved. He wants to
~rvisors do not know
really complicated.
direct route to a bus
have sidewalks. He
~here people could walk
May and have the staff
d by Mrs. Humphris, to
ne Whitewood Road and
day meeting on May 3,
011owing recorded vote:
Mrs. Humphris and
There were none·
amend the service
[ty for water and sewer
the Full Gospel
?rogress on March 20 and
~e to a request for
lrch of Charlottesville.
~onsists of 1.349 acres,
~er services are
it Road. Staff recom-
r of the Full Gospel
been in the building
0hn and a privy are
f staff that water is
ross the road from the
septic system could be
sewer services for his
at this time, because
re he proceeds. He said
[icials.
public hearing was
· Humphris to amend the
Authority for water
the Full Gospel
motion carried by the
nan, Mrs. Humphris and
~e to amend and reordain
~mendment in Section 3-
~llowing the operation
D0 p.m. and 11:00 p.m.
n the same, 6:00 p.m. to
20 and March 27, 1995.)
amendment as set out in
~st came to the staff
nD that the County's
hours of operation.
changed from the
April 5, 1995 (Regular Day Meeting)
(Page 11)
current time of 6:00 p.m. to 11:00 p.m. to a proposed
The Supervisors have a more up-to-date memo from Ms. S
President and Executive Director of the Senior Center,
to this request. The County staff has advertised to e
weekend from 1:00 p.m. to 11:00 p.m., because that wa~
The Board members can reduce this time frame, if they
County ordinance shows such hours of operation as beii
11:00 p.m every day, and this would expand those hours
hours for Saturdays and Sundays.
Mr. Bowerman mentioned the staff had been concer
bingo hours of operation from 1:00 p.m. to 11:00 p.m.
because of commercial operations. He asked if the hou
Center representatives are currently requesting would
(Note: Mr. Martin left the room at 10:19 a.m.)
Mr. Tucker replied that the staff would probably
these hours. He does not know how many fire companies
bingo games in the evening on weekends. The staff had
limit be from 4:00 p.m. to 11:00 p.m. on Saturdays and
be concerned if the Supervisors should limit the time
p.m. on weekends.
Mr. Bowerman said the Senior Center representati
people being at the Center after dark. Mr. Tucker ans
stands the Senior Center representatives' concern, but
advertisement would still cover the request from the S
Mrs. Thomas suggested that, since the concern re
commercial establishments, it might be a deterrent for
operation were from 1:00 p.m. until 5:00 p.m. and then
p.m. It seems to her this would cut down the desirabi
operations, but it would allow the fire departments to
6:00 p.m. to 11:00 p.m. and the Senior Center could ha
1:00 p.m. to 5:00 p.m. She wondered, however, if such
manipulative.
Mr. Davis responded that if the County had such
operators with their own facilities would probably all
bingo games for a couple of hours each throughout the
He has not seen the final bill, and he is unsure if Go
any amendments to it, but it is his understanding that
going to be taken over by the state, effective next Ju
to be promulgated at the statewide level and administe
level. He emphasized that this is going to be a tempo
Board unless that bill is altered in some fashion.
Mrs. Thomas noted that when she worked for the G
representatives were trying hard to get out of the bin
caused so many problems. She said that because of Mr.
this bill, she will not follow through on her previous
(Note: Mr. Martin returned to the meeting at 10
The public hearing was opened. With no one risi
hearing was closed.
Motion was offered by Mr. Bowerman, seconded by
and ordinance to amend and reordain Chapter 3, Amuseme
the Code of Albemarle, as advertised. Roll was called
by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
(The ordinance, as adopted, is set out in full b
ORDINA/~CE NO. 95-3 (1)
AN ORDINANCE TO AMEND ~ REORDAIN CHAPTER 3, AM
CODE OF THE COI/NTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of County Supe
County of Albemarle, Virginia, that Chapter 3, A
hereby amended and reordained by amending Sectio
tions on Bingo Operations, as follows:
Sec. 3-28. Limitations on Bingo Operations.
Bingo games shall be conducted only on the
designated in the permit. The hours of operatio
to the hours between 6:00 p.m. and 11:00 p.m., e
and Sundays when the hours of operation shall be
hours between 1:00 p.m. and 11:00 p.m. No build
premises shall be used by more than one organiza
calendar day to conduct bingo games.
000272
1:00 p.m. to 11:00 p.m.
~lle and Ms. Seabrook,
respectively, relative
· pand the hours on the
the original request.
~o wish. Currently the
~ between 6:00 p.m. and
to include afternoon
~ed about expanding
Saturdays and Sundays
that the Senior
~liminate that concern.
not be concerned about
etc., are operating
suggested that the time
Sundays, and he would
!rom 1:00 p.m. to 5:00
ces are concerned about
~ered that he under-
the hours shown in the
~nior Center.
Lates to bingo games in
them if the hours of
from 6:00 p.m. to 11:00
kity for commercial
hold bingo games form
~e its bingo games from
hours would be too
~ime frames, multiple
Dw organizations to have
~fternoon and evening.
~ernor Allen has made
bingo operations are
ly. New rules are going
red on the statewide
rary issue for this
~neral Assembly, their
~o business, because it
Davis' knowledge of
suggestion.
22 a.m.)
~ to speak, the public
~rs. Humphris, to adopt
5ts, Section 3-28, of
and the motion carried
nan, Mrs. Humphris and
.~low: )
~SEMENTS OF THE
rvisors of the
nusements, is
3-28, Limita-
days of the week
~ shall be limited
mcept on Saturdays
limited to the
ing or other
tion on any one
April 5, 1995 (Regular Day Meeting)
(Page 12)
State law reference: ~ 15.2-340.9(D) of the Cod
(Note: Mr. Bowerman left the meeting at 10:23 a
Agenda Item No. 10. Public Hearing on a request
area boundaries of the Albemarle County Service Author
to include parcels 88, 88A, 89, 90, 90A and 93 on Tax
West Limited Partnership. (Advertised in the Daily Pr
March 27, 1995.)
Mr. Cilimberg summarized the staff report on the
Parcels 88, 88A, 89, 90, 90A and 93 on Tax Map 56 for
Partnership. He recalled that last month there was a
this Board for this property to allow for residential
same time a request was made for water and sewer servi
designation to be granted for the portion of this prop
currently have that designation, as well as the parcel
in red. He said this is all part of the Crozet growth
recommends approval.
The public hearing was opened. With no one risi
hearing was closed.
Motion was offered by Mr. Martin, seconded by Mr
service area boundaries of the Albemarle County Servic
and sewer service to include Tax Map 56, Parcels 88, 8
for the Highlands West Limited Partnership. Roll was
carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
(Note: Mr. Bowerman returned to the meeting at
The Board recessed at 10:29 a.m., and reconvened
Agenda Item No. 11. Appeal: ARB-F(SIGN)-95-02
Parcel 55A2.
Ms. Marcia Joseph, Planner for the Architectural
rized the Executive Summary relating to the appeal by
Hacienda Restaurant in reference to a Certificate of A
wall sign. The sign was reviewed by the Architectural
meeting on February 21, 1995. The ARB voted unanimous
certificate of appropriateness for the wall sign with
1)
2)
Remove the changeable copy area on the proposed
The white area of the wall sign should be masked
This will allow only the green lettering and sha
when the sign is lit.
The applicant has provided a letter to explain t
appeal· This is based on ~§ 4.15.1 , 4.15.3, 4.15.6,
the Ordinance.
The Zoning Ordinance in § 4.15.12.8 states that
visible from any entrance corridor street shall be ere
a certificate of appropriateness by the Architectural
regulation was placed in the Ordinance when the Sign 0
1992 to enhance the aesthetic quality of the entrance
amount of visual clutter. The revisions required for
priateness allow the applicant to advertise the establ
and design as proposed. The removal of the menu board
ity that is being established within the corridors. T
information on menu boards eliminates the continuity a
that contributes to the visual cacophony along the cor
no other menu boards approved for businesses other tha
since the Sign Ordinance was adopted. Because it has b
for gas stations to advertise their price, special pro
within the Zoning Ordinance to allow them to continue
4.15.12(d)].
Elimination of the illumination of the white bac
also contributes to the continuity along the corridors
hours the light shines through the message portion of
sign appear to be a channel lettered sign, rather than
been required of other businesses along the entrance c
recommends that the Board affirm the decision of the A
Board.
Ms. Joseph said a building permit was approved f
roof of the building and painting, etc., so a Certific
was granted relating to the building permit. A certif
for a free standing sign. This issue is before this B
000273
e of ~rginia
to amend the service
[ty for water and sewer
~ap 56 for Highlands
Dgress on March 20 and
request to include
~ighlands West Limited
~ezoning request before
~evelopment. At the
~e jurisdictional area
erty which does not
which he has outlined
area, and the staff
lg to speak, the public
· Marshall, to amend the
~ Authority for water
3A, 89, 90, 90A and 93
~alled, and the motion
nan, Mrs. Humphris and
10:29 a.m.)
at 10:35 a.m.)
La Hacienda, Tax Map 78,
Review Board, summa-
zhe owners of the La
)propriateness for a
Review Board at its
[y (3:0) to grant a
zhe following revisions:
~all sign.
with an opaque backing.
nrock to shine through
~e reason for his
.15.8, and 4.15.12.6 of
no sign which would be
nted without issuance of
keview Board." This
udinance was adopted in
norridors and reduce the
~ Certificate of Appro-
£shment in the colors
increases the continu-
he preponderance of
5d provides an element
~idor. There have been
~ gasoline stations
~en the accepted policy
visions were granted
~ith this practice [§
~ground of the wall sign
· During the night time
~he sign, and makes the
a lit box. This has
Drridor. Staff
rchitectural Review
or improvements to the
ate of Appropriateness
icate was also granted
oard because the owner
April 5, 1995 (Regular Day Meeting)
(Page 13)
is requesting changeable copy for the sign. Ms. Josep
of other signs with changeable copy, in order to refre
memories of the appearance of these signs.
There were no questions from the Board for Ms. J
that Mr. Flynn, the owner of the La Hacienda Restauran
to this issue.
Mr. Flynn said he will have owned the La Haciend
years this coming June, and he is probably known as ha
dent operation, as far as food service is concerned, i
never been known for having anything other than an att
restaurant, not only inside, but outside. It seems as
ready to do something there is always a problem, altho
say that the County staff is singling him out. Two ye
restaurant sign was damaged', he was stopped from repai
because he wanted to increase the size of the word, "R
the word, "La Hacienda" to try to draw more business,
would not appear to be just a Mexican restaurant. It
straighten out this situation with the Zoning Departme
finally they came to an agreement that his interpretat
because he was just repairing the sign, and it was the
Mr. Flynn pointed out that Ms. Joseph has alread
January he applied for a building permit. He did not
the permit, until he was informed by some of the peopl
restaurant, who also work in the County Building. He
doorways inside the restaurant, and he was going to ta
off the roof, and put on metal roofing. He came to th
the permit, which he thought was going to be relativel
1995. He had the understanding that he would get the
days. At this same time, he applied for the sign perm
pictures of the proposed signs. When he was informed
building was not approved, he could not understand the
100 square feet of advertising on his building, even t
this much advertising. The sign he had anticipated in
square feet, so he came down to the County Building to
not approved. When he talked to Ms. Joseph she indica
because he did not have it before, that he needed a Ce
ateness, and he needed to go before the ARB. When he
said she would rather not have the staff approve this
review. She let him know, and the ordinance also indi
every right to approve or disapprove the request. He
was basing her decision, and she could not give him an
that she thought the ARB should review this matter. H
him the section in the Ordinance relating to her decis
she mailed him a letter and sent him notice of the two
Ordinance relating to why the sign was not acceptable.
sign was unacceptable was that a Certificate of Approp
He disagreed that a Certificate of Appropriateness is
felt the staff could have approved the sign. The othe
4.15.12.6 of the Ordinance illustrating the size of si
Commercial districts. In the staff members' opinion,
this responsibility on the ARB, even though there was
sign. When he went before the ARB, however, the staff
which was to allow his sign, providing that it was opa
with st~ff, Which meant that the word, "Restaurant" an
stand out at night when the lights are on. This does
He is too far away from the road, and he is not runnin
small business. The sole purpose behind this sign is
and get it done tastefully, and he thought he had gone
steps.
On February 8, again on February 9, and February
about his building permit. The lady in the Building P
indicated that the permit would be mailed the next day
out of town and would not be back until February 21, 1
to go on with his work, and he would have the permit t
emphasized that he had already waited two weeks for th
unfortunately it did not come the next day. When he r
1995, he had a stop work order waiting for him. This
based so much on the fact that he did not have a build
instead, it was because the Zoning Department did not
roof of his restaurant. The Zoning staff then request
for that reason, at the same time that the ARB members
issue. He reiterated that the ARB approved his sign,
opaque, but they unanimously voted not to accept the c
could not understand this, and he thought he was going
matter to this Board. Since he did not yet have the b
said they would consult with their attorney, and let h
weeks what they decided. This decision took three wee
the workmen had left his job. He appeared again befor
Joseph showed the ARB members the pictures that this B
had pictures, too, which everybody examined. Mr. Lind
see anything wrong with the roof color, and once Mr. L
of the ARB members voted to approve his request. He e
these ARB members were the same three who had voted ag
earlier meeting. It took two more weeks to get the ro
distributed pictures
~h the Board members'
Dseph. Mr. Tucker noted
, would like to speak
Restaurant for 25
ing the oldest indepen-
m the area. He has
ractive and clean
though when he gets
lgh he is not trying to
~rs ago when his
~ing it. The reason was
astaurant" and reduce
~o that the restaurant
kook him five weeks to
mt staff members, and
£on was acceptable,
same establishment.
~ indicated'that in
even know that he needed
a who eat in his
~as closing a couple of
ce the cedar shingles
a County Building to get
~ simple, on February 1,
permit in three or four
it. He then distributed
~hat the sign for the
reason. He is allowed
mough he has never done
~talling was only 36
find out why this was
Led she thought it
~tificate of Appropri-
~sked why, Ms. Joseph
~ign, without the ARB's
~ates, that she had
· sked what reasons she
~ at the time, except
a then asked her to tell
ion. He commented that
sections in the
One reason that the
~iateness was needed.
really needed because he
reason pertained to §
ns allowed in Highway
hey would rather put
mothing wrong with his
had a recommendation,
~ue. The ARB all agreed
~ the shamrock would
mot serve his purpose.
~.a funeral home or a
ko get some recognition
through the appropriate
12, 1995, he called
~rmit's department
· Since he was going
995, he told the builder
ae next day. He
a building permit, but
aturned on February 21,
stop work order was not
lng permit, but,
like the color of the
ad he go before the ARB
were reviewing his sign
~s long as it was
~lor of the roof. He
to have to appeal the
milding permit, the ARB
im know in a couple of
ks, and by that time,
a the ARB, and Ms.
~ard has just seen. He
strom said he did not
indstrom said that, all
mphasized that three of
ainst his request at the
ofing men back to work
April 5, 1995 (Regular Day Meeting)
(Page 14)
on his restaurant, so there were five weeks involved r
the Zoning Department. He pointed out that he had don
was required by the Zoning staff, yet his job was stil
Mr. Flynn then said nobody told him he had only
issue, but he found this requirement himself in the Or
$10 for a copy of the Ordinance, and the staff made qu
that. He came at the last minute to register this app
relating to the sign. During the last four years, the
decline in business mainly because the traffic is fast
back off the road and also everybody serves Mexican fo
customers have made remarks about the sign because his
has been a tradition. The sign indicates that it is"
it amazes him that some of the customers do not know w
is necessary to change the sign's name in order to cat
and transit business in the area. 'All he is talking a
an attractive message board on the wall of the buildin
square feet of advertising, although he is entitled to
said the sign could read, "Welcome to Jefferson Countr
Hacienda for 25 years." If there is nothing posted on
still be a green shamrock which makes it attractive.
business increased to $130,000 this year, which means
another $1,000. This is almost $100 more a month to h
citizens, and he thinks the sign and improvements are
business to be competitive.
He has pictures of Westminster-Canterbury and ot
of his restaurant. He is not at this meeting to be ne
Department, or the ARB or the other businesses. He un
is trying to succeed and survive in business. He adde
Canterbury is behind his business, and it suffocates h
stands out, and that is the reason he chose it. He st
dark at night and the lights come on, it might be poss
"Flynn's" in little green letters and a shamrock under
he is now distributing to the Board members show the b
during a hazy part of the evening before the lights co
also show the proposed spot for the sign, and the way
it has been finished outside, except there is still a
needs to be done. The next group of pictures show tha
has been in business, the one time he used a banner et
to celebrate his 20th anniversary. He noted that Coun
his place within five days of when it went up to make
does not like that type of advertising, because the ba
and it gets torn. He mentioned signs at various busin
i.e., Sit 'n Sleep, various banks, Ponderosa, Wendy's,
sa. He asked the Supervisors consider this matter so
signs installed, and get on with his business. He wou
questions.
Mr. Marshall asked if he is correct in thinking
sign has been approved, but the sign that goes on the
approved. Mr. Fllrnn responded that the building sign
providing that he makes certain changes.
Mr. Marshall said he does not see anything wrong
behind the whole sign. Ms. Joseph said the ARB and st
get some continuity along all the corridors so all tha
would be the letters. The method suggested to Mr. Fly
expensive than channel lettering, because it is more e
letter individually. She emphasized that it is import
time continuity, because the signs are what will be se
method, all of the letters would be seen, but not the
Mr. Marshall asked why the whole sign could not
behind it. Mr. Flynn noted that his restaurant is whi
white. Mr. Marshall asked if Mr. Flynn is proposing t
shine a light down on it. Mr. Flynn answered, "no."
sign. Mr. Marshall said he does not understand how th
Flynn explained that it is a cabinet sign with fluores
of it. The sign is exactly as it is shown in the pict
to the Board members. He reiterated that there is flu
back of the sign, and when it is lit at night, the sha
well as the restaurant wording, and the words, "Welcom
If he is not allowed to have this message, all that wi
shamrock and the restaurant wording. When vehicles co
and drive by his place, there is nothing else there, e
Canterbury and an Amoco Station. Mr. Marshall asked i
plastic with black letters. Mr. Flynn answered that t
and they are the same color as the trim on the buildin
Mrs. Thomas called attention to exit signs. She
background is not lit, but, instead, the letters are 1
that this is the type of sign to which the ARB is refe
white part will go away, and the lettering will stand
Mrs. Thomas mentioned that she has learned a lot
interests that she did not know a few weeks ago, and t
signs that the Astronomy Department highly recommends.
000275
alating to problems with
everything exactly as
delayed.
en days to appeal this
dinance. He had to pay
ite an issue out of
aal to this Board
re has been a noticeable
ar, his restaurant is
od now. A lot of his
Mexican food business
Flynn's" restaurant, and
no that is. He feels it
=h some of the tourist
0out doing is putting up
~ which would be 36
100 square feet. He
~," or "Home of the La
the sign, there would
Fhe assessment on his
mis taxes increased
~lp feed the County
necessary for his
her places in the area
~ative about the Zoning
derstands that everybody
d that Westminster-
[m. This new color
~ted that when it gets
[ble to see the word,
neath it. The pictures
lilding from the highway
ne on. The pictures
Zhe building looks after
Little trim work that
during the 25 years he
., for advertising, was
y staff members were at
~ure it came down. He
~ner flaps in the wind,
asses around the County,
Taco Bell and Pondero-
zhat he can get his
Ld be glad to answer
zhat the 12-foot road
0uilding has not been
~as also been approved
with putting a light
~ff have been trying to
z would be seen at night
~n for his sign is less
~pensive to make each
~nt to have some night
~n at night. With this
different color boxes.
5ave a white light
~e, and the sign is
put up a sign and
Et will be a lighted
sign will be lit. Mr.
=ent tubing in the back
~re that he distributed
orescent tubing in the
urock will be seen, as
to Jefferson Country."
kl be seen is the
ne off of the Interstate
~cept Westminster-
the sign will be white
ne letters are green,
said that the white
it. Mr. Fllrnn agreed
rring. At night, the
out.
about astronomy
hese are the type of
These signs do not
April 5, 1995 (Regular Day Meeting)
(Page 15)
have nearly as much light, yet, the passersby need to
can be lit as brightly as desired. Mr. Flynn said he
that area now, except for the Amoco Station. He is ju
advertising and get some recognition at the same time.
put up an opaque sign on that building, because it wil
anybody except for the people in the parking lot. Mrs
letters that say, "Restaurant" and the shamrock will s
bright, or even brighter with the opaque background, b
lighting will be coming through them.
Mr. Flynn then suggested that the Supervisors dr
Canterbury at night. Westminster-Canterbury is not se
opaque sign sets on the road, and it is almost useless
unless the person knows what he or she is reading. Hi
well that far away from the road, because there will b
advertising. He also mentioned that the square footag
being decreased from 36 to 12 or 16 square feet, if th
from the whole sign. ~
Mrs. Thomas asked if Mr. Flynn is planning to ha
building. Mr. Flynn answered affirmatively. He said
on each side of the building to make it more attractiv
offsets in front of the building. Mrs. Thomas inquire
have the restaurant wording. Mr. Flynn responded that
word, "Flynn's," and the other one will say,"Restauran
will be under both signs. Next, Mrs. Thomas wondered
from left to right, with one showing the word, "Flynn'
showing the word, "Restaurant." Mr. Flynn answered "y
square feet of advertising on each sign. Mrs. Thomas
wants to have some sort of changeable message, such as
Mr. Flynn responded, "no." He said one changeable mes
the La Hacienda for 25 years;" or, "Welcome to Jeffers
Tourist Information Available;" or, "Welcome Kiwanis C
Thomas' 50th Birthday." He said there will not be a si
of tacos, and he emphasized that this is not a fast fo
reiterated that the signs have been tastefully thought
Mr. Martin said it seems to him the Ordinance sp
changeable copy signs, but a tradition has been starte
been established. This tradition has tended to lean t
types of signs. The County has an ordinance which ind
are permissible, and then there is a procedural establ
leans toward unacceptance of these signs. This means
complete subjectivity in terms of saying what will or
said the Supervisors are also indicating that even tho
these signs, this Board is not going to allow them, ba
signs along the entrance corridors.
Mr. Davis commented that what Mr. Martin is sayi
for one distinction. He went on to say the Ordinance
signs, generally, but it also specifically requires th
visible from an entrance corridor street must have a C
ateness from the ARB. The ARB has adopted standards t
order to protect the historic characteristics of a cor
features of the community. The ARB has established gu
try to be consistent on a case-by-case basis. Within
have found justification to not allow signs which detr
character, and it has been determined that changeable
those types of signs which detract. The ARB has been
applications in not allowing this type of sign. He re
of the ARB is that within its guidelines and within it
that Mr. Flynn's sign is inappropriate for a Certifica
if it has changeable copy, and if it detracts from the
characteristics.
Mr. Martin said he feels that if the Ordinance a
it should be exercised. This means that each situatio
case-by-case. He believes the reason the Ordinance do
state that changeable signs are not allowed, is becaus
flexibility of having them or not having them. He thi
to look at this particular situation and realize that
because changeable signs are allowed. This particular
be examined to determine if the sign is appropriate or
are some arguments that Mr. Flynn has presented that w
this is where that flexibility can be exercised and hi
He has driven through that area at night, and a lot of
Flyrin has stated are justified. When a vehicle tops t
Station is very noticeable. A lot of the time in the
currently, the La Hacienda Restaurant looks as though
it is a deserted building, except for a few cars in fr
same whether or not people are traveling from 1-64 or
The restaurant really does not look as though it is an
cially when the Amoco Station is the first glimpse tha
anything in that vicinity.
Mrs. Thomas noted that the sign that will be clo
been put up, yet.
000Z76.
see the letters, so they
is the only business in
st trying to do a little
He does not intend to
mean nothing to
Thomas said the
ill show up just as
ecause all of the
ive by Westminster-
lling steaks, but its
to try to read it
sign will not show up
limited lighting and
of advertising is
lighting is taken away
~e two signs on his
~here will be one sign
e, since there are
~ if both signs would
one sign will have the
~," and the shamrock
if the signs would read
~," and the other
es." He is proposing 18
~hen asked if Mr. Flynn
restaurant specials.
~age might say, "Home of
Dn Country;" or, "Local
[ub;" or "Welcome Sally
~n advertising the price
Dd operation. He
out and done.
~cifically allows
~, since the ARB has
~ward objecting to those
[cates that these signs
[shed commission that
Zhat the ARB has
~ill not be allowed. He
lgh the Ordinance allows
~ed on continuity of
5g is correct, except
~llows changeable copy
~t any sign which is
ertificate of Appropri-
hat they follow, in
~idor and the aesthetics
Ldelines with which they
5hese guidelines, they
~ct from the historic
~opy signs are one of
~onsistent in their
harked that the argument
~ mission, it is felt
ze of Appropriateness,
entrance corridor
flows flexibility, then
5 will be considered
es not specifically
e there needs to be the
lks the Supervisors need
zhe flexibility is there
situation then needs to
inappropriate. There
Duld indicate perhaps
~ sign can be approved.
the things that Mr.
he hill, the Amoco
)asr, as well as
.t is closed,, or that
ont of it. This is the
from Charlottesville.
open building, espe-
a person has of
e to the road has not
April 5, 1995 (Regular Day Meeting)
(Page 16)
Mr. Flynn said the La Hacienda Restaurant sign i
because of the Ordinance, to about six feet. It is 12
and if the sign was square, it would amount to 36 feet
Because the sign is round, it will not be quite that b
amount to only about 30 feet of advertising. He then
changed at service stations because of gas prices, etc
discriminatory, and he wondered why gas stations can h
signs, but restaurants are restricted. He asked the B
business an opportunity to expose itself and then elim
nity to another. It seems to him that, according to t
every right to do what he is asking.
Mrs. Thomas agreed with Mr. Flynn that he has th
type of sign that he is requesting, according to the O
plained, though, that his restaurant is located in an
is an overlay district, and this requires a Certificat
from the ARB. She explained that the section of the O
changeable message signs are allowed does not pertain
Mr. Davis remarked that the Zoning Ordinance gen
copy signs. However, they can be restricted by the AR
requires a Certificate of Appropriateness, when an ent
involved. Although these signs are generally permitte
the requirement of a Certificate of Appropriateness, a
Certificate of Appropriateness can limit the size and
conditions can be put upon it.
Mr. Martin said he thinks the key in this situat
He said the key is also the fact that the ARB has esta
because there are guidelines and the key word is "can"
cannot," he thinks this issue needs to be considered o
He does not know about the opaque factor, but it may b
Mr. Marshall concurred with Mr. Martin's comment
judgment call no matter how it is considered.
Mrs. Humphris commented that the entire corridor
this situation, and not just Mr. Flynn's business. Sh
telling this Board that if he is not allowed to do wha
he will do nothing at all, as far as the wall sign is
he is hurting himself. It is not this Board's concern
put up a sign. The real issue here is the matter of s
within that corridor. The general public has said to
they do not want Route 250 East to become another Rout
historic corridor, and it is in the shadow of Monticel
said the idea is whether or not Mr. Flynn can have a s
aesthetically pleasing and is noticeable to the drivin
by, and still fulfill the idea of the historic overlay
the opaque sign with the words and shamrock shining th
more appropriate for an historic overlay district entr
that is a bright box of white light which sets a prece
and does away with what the public has told this Board
going to see his restaurant, and Mr. Flynn is going to
sign on the road, and very handsome signs on the white
letters. This is aesthetically appealing to the publi
any need to have a bright box with changeable letters.
that it seems to her if Mr. Flynn's request is approve
whole purpose of the historic overlay and the entrance
put Route 250 East in the same category as Route 29 No
else has such a sign, then others on Route 250 will wa
that Mr. Flynn can have handsome signs and get the bus
he wants and needs under exactly what is being allowed
Mr. Martin commented that he is talking more abo
content sign. Change of copy is important to Mr. Flyn
to a larger sign. He stated that Mr. Flynn has reduce
18 square feet signs, which gives him a total of 36 sq
amount of advertising Mr. Flynn is entitled to has bee
rant sign with a shamrock logo. Mrs. Humphris correct
ment by saying that the sign will have the name, "Flyn
Martin reiterated that even with Mr. Flynn's name on t
footage of advertising has been reduced immensely. If
be forced to have this much reduction in his advertisi
Board can do is to let him have a sign with changeable
attention to the pictures that were distributed to the
may not be involved with these signs, but there are ba
etc.
Mrs. Humphris commented that she does not think
time for Ms. Joseph to go through each one of Mr. Fl!rn
the circumstances. She is sure there are certain circ
of these which could even indicate that there are not
to deal with the ordinances that are in effect in this
people abuse the banners, etc. She then asked Mr. Mar
about the changeable copy. She mentioned that Mr. Fly
saying, "Welcome to Jefferson Country," and it would n
able. She wondered what Mr. Flynn is going to say on
bring in more business and still be suitable. Mr. Mar
000277
~ going to be reduced,
feet off the ground,
of advertising.
ig, and it will probably
uentioned how signs are
· He believes this is
· ve changeable copy
pard to not allow one
inate the same opportu-
ne Ordinance, he has
e right to put up the
~dinance. She ex-
entrance corridor which
eof Appropriateness
~dinance which says that
5o entrance corridors.
erally allows changeable
because the ARB
~ance corridor is
they are modified by
the issuance of a
aature of the sign, and
[on is the word, "can."
~lished guidelines, and
which implies "or
a case-by-case basis.
a great idea.
He feels it is a
has to be considered in
thinks Mr. Flynn is
he wants to do, then
oncerned. In her mind,
, if he chooses not to
~tting a precedent
;he Supervisors that
~ 29 North. It is an
ko and Ash Lawn. She
£gn there that is
~ public as it passes
district. In her mind
rough at night is much
~nce corridor than one
dent for the corridor,
they want. People are
have a beautiful new
building with green
and she does not see
She went on to say
, it will avert the
corridor. It will help
~th, because if somebody
at them. She reiterated
Lness from the road that
by the ARB.
it the changeable
because he is entitled
his advertising to two
lare feet. The total
a reduced to a restau-
.d Mr. Martin s state-
a's," on it also. Mr.
ae sign, his square
Mr. Flynn is going to
ag, then the least this
copy. He next called
Board. Changeable copy
aners pasted in windows,
this Board has enough
~'s pictures and explain
~mstances for each one
enough zoning inspectors
County. She said
tin what is so important
mn could have a message
ot have to be change-
the signs that will
tin answered that he
April 5, 1995 (Regular Day Meeting)
(Page 17)
thinks it will just offer Mr. Flynn more square footag
added that he could not speak for Mr. Flynn. Mr. Mars
Flyrin wants what any businessman wants, and that is fo
seen after dark.
Mrs. Humphris inquired again as to why the morea
allow it to be more visible than any other sign. Mr.
thinks Mr. Flynn's primary concern is the white light
he wants his sign to show up after dark for more than
Mrs. Humphris asked how Mr. Marshall feels about the p
that such signs not be approved for Route 250 East. M
that it seems as though people's desires change from o
He asked if the Board members want this type of busine
would they prefer the types of business that are along
said this area is being controlled by zoning. He poin
a member of this Board when Westminster-Canterbury was
that Westminster-Canterbury can be seen from miles awa
it is painted white. People will think that Mr. Flynn
the Westmister-Canterbury community.
Mr. Flynn commented that it is not feasible or w
that small amount of lighting on his building. It mig
a 100 square foot sign which would be a permanent sign
this type of sign would be attractive to his building.
request back to the ARB, those members would not think
either, and he would be back where he started. The AR
indicate that he could put up his sign, but he would h
of the sign~ or the copy would have to be reduced. He
of advertising, but he is only asking for 36 feet.
Mr. Perkins remarked that the Board has enough i
decision. He said the decision by the ARB will either
any action by this Board, or someone will have to make
plan.
Mr. Martin said he would make a motion, based on
is a unique situation. He pointed out that Mr. Flynn
Westminster-Canterbury, and he emphasized that the res
closed at night. He is not talking about the current
signs there, but he is talking about the last seven or
Flynn has been at that location. When the restaurant
lottesville, he and his wife went to the restaurant al
it was routine. Since the restaurant moved, they do n
first few times they were coming up the drive to the r
it was closed. This is a situation where the Ordinanc
changeable signs. He asked, if he made a motion to gr
would a Certificate of Appropriateness still have to b
Mr. Davis explained the Board has before it toda
ARB's decision will have to be affirmed, reversed or m
Mr. Martin next offered a motion, seconded by Mr
the ARB~s decision for a Certificate of Appropriatenes
conditions.
Mrs. Thomas said she was going to vote against t
the grounds that one of her basis for votes is whether
into the faces of the public in ten years and have the
certain things happen. She lives in fear of not being
questions well in many years hence, and she thinks thi
prec(~dent. She sympathizes with Mr. Flynn and the fac
needs to be seen from the road. She believes the two
is F].ynn's Restaurant, with the shamrock logo, would m
have been expressed to this Board in terms of light po
gett~_ng some very definite and striking information to
Howe~er, this is not the choice in front of this Board
Supe~visors is to say yes or no to this one set of sig
support this motion°
Mrs. Humphris agreed with Mrs. Thomas. She real
cant s need can be achieved following the recommendati
establishing a precedent can be prevented for an unatt
poll~lting type of lighting which has been very much ca
atte~tion recently in that corridor. She does not bel
suff~r if he implements the signs as recommended by th
cogn~.zant of people asking her how she could have allo
happen, not in ten years from now or five years from n
publ~c will hold the Supervisors responsible for allow
opened with this sign, and the whole corridor will go
next applicant will say the Supervisors let Mr. Flynn
that applicant cannot compete with Mr. Flynn unless he
She knows this is simply not the way the citizens of t
sioned development of Route 250 East, nor is it the wa
Supervisors to allow it to be developed. The citizens
250 East be protected, and that is why the citizens ha
establishment of the ARB. This is why she cannot supp
for advertising. He
aall said he thinks Mr.
his business to be
01e lettering would
~arshall replied that he
0ehind the sign, because
just a short distance.
~blic who have requested
~. Marshall responded
~e minute to another.
~s on Route 250 East, or
Route 29 North. He
ted out that he was not
-approved. He noted
F on 1-64, just because
s restaurant is part of
)rth the expense to put
~t be worth it if he had
but he does not think
If he took such a
it would be attractive,
~ would probably
Lye to reduce the size
is entitled to 100 feet
5formation to make a
have to stand without
a motion for some other
his feelings that this
is overwhelmed by
5aurant really looks
5ime when there are no
eight years that Mr.
~as located in Char-
host every Friday, and
pt go as often, but the
~staurant, they thought
~ definitely allows
lnt Mr. Flynn's request,
granted.
an appeal, and the
odified.
Marshall, to approve
, but to remove the two
is request partly on
or not she can look
n ask why she let
able to answer those
situation sets a bad
that the restaurant
arge signs showing it
~et both the needs that
llution, as well as
the passing motorists.
The issue before the
~s, so she will not
ky thinks the appli-
on of the ARB and that
mactive and light
fled to the Supervisors'
[eve the applicant will
~ ARB. She, too, is
~ed certain things to
ow, but next year. The
lng the door to be
in that direction. The
nave such a sign, and
can do the same thing.
ae County have envi-
F they have asked the
have asked that Route
ve supported the
oft the motion.
April 5, 1995 (Regular Day Meeting)
(Page 18)
Mr. Martin remarked that he has been on this Boa
he has supported the ARB 100 percent. This is probabl
voted against the ARB. He is also 100 percent behind
he will continue to support it. However, he does not
infallible, and he does not think this Board always ha
Neither does he think this Board always has to follow
definition, guidelines and not ordinances.
00O279
?d for three years, and
y the first time he has
the Sign Ordinance and
think the ARB is
to follow the ARB.
uidelines which are, by
Mr. Perkins stated that he is going to support
thinks there are things that Mr. Flynn can probably do
might or might not approve. If there was 100 feet of
lettering, etc., it might still give off a lot more li
is proposing. He does not think that 36 feet of signa
although perhaps there should be some limits on the wa
are used in the signs.
Mr. Bowerman said he does not believe this is a
such disagreement. The restaurant is so far from the
sign has light in the back of it, a person would have
it in order to read it. He, like Mr. Martin, has alwa
decisions, but he just does not think this issue is si
t .e motion because he
legally that the ARB
signage with opaque
ht than what Mr. Flynn
e is excessive,
tage of the bulbs that
situation which warrants
woad that even if the
ko specifically look at
s supported the ARB's
nificant enough to make
such a case out of it. Mrs. Humphris said this case s ts a precedent. Mr.
Bowerman commented that the restaurant is probably 200 feet off of the road,
and it is a small building. Mrs. Humphris pointed out that the restaurant is
not that far off the road. Mr. Flynn responded that t~e restaurant is 250
feet from the fence, and there is also a road setback [nvolved. Mr. Bowerman
said there is light everywhere across the road at the ~moco Station, and he
reiterated that if this sign is allowed, it just does hot seem to be that big
of an issue.
Mr. Marshall commented that it is a tremendous disadvantage to a
businessman when he has to rely on signage to draw peo
He is experiencing some of the same problems at his Ro
has a small sign and people are driving by it every da
into the store and ask how long he has been at this lo
back to the fact that if business people cannot get cu
their businesses, then they cannot be successful. Eil
money, or the doors have to close. A business has to
the point where it is detrimental to the character of
that he does not think Mr. Flynn's sign is in any way
East, and he will support the motion.
AYES: Mr. Martin, Mr. Perkins, Mr. Bowerman and Mr.
NAYS: Mrs. Thomas and Mrs. Humphris.
Agenda Item No. 12. Resolution authorizing requ
Division of Game and Inland Fisheries (VDGIF) for fund
accessible fishing pier at Chris Greene Lake.
Mr. Tucker said the Virginia Department of Game
limited funds available in FY 1995-96 to assist locali
fishing facilities that are accessible to the disabled
Transition Plan includes the construction of an access
Chris Greene Lake. The Department of Parks and Recrea
of implementing the projects listed in the Transition
compete for a VDGIF grant.
While project plans have not been completed, it
project will cost approximately $50,000. The project
existing appropriation for ADA improvements at the Cou
program will provide successful applicants with reimbu
percent of the total project cost, whichever is lower
The deadline for applications is April 27, 1995,
package requires a resolution of support from the gore
recommends that the Board of Supervisors adopt a resol
County Executive to provide the necessary materials an
agreements as necessary to qualify for a VDGIF grant.
Motion was offered by Mrs. Humphris, seconded by
a resolution (set out below) authorizing the County Ex
necessary materials and enter into such agreements as
a VDGOF grant for an accessible fishing pier at Chris
Mr. Perkins asked if the total cost to the Count
be $25,000. Mr. Tucker replied, "yes", if the County
Mrs. Thomas inquired if, by the end of this year
Greene Lake has to be turned into a water supply area,
still continue. Mr. Tucker responded affirmatively.
be the issue relative to the water supply area.
Roll was then called, and the motion carried by
vote:
01e into his business.
~te 250 West store. He
y. The people then come
=ation. It all goes
~tomers to come in to
~er a business makes
0e supported, except to
5he area. He emphasized
detrimental to Route 250
~rshall.
~st to the Virginia
Lng assistance for an
~nd Inland Fisheries has
:ies in providing
The County's ADA
.ble fishing pier at
5ion is in the process
Plan and would like to
estimated that the
~ill be funded from the
~ty parks. The grant
usement of $25,000 or 75
and the application
~ning body. Staff
ltion authorizing the
~ to enter into such
Mr. Bowerman, to adopt
=_cutive to provide the
.~ecessary to qualify for
]reene Lake.
y for the project would
is awarded the grant.
it is found that Chris
would this project
He said swimming would
the following recorded
April 5, 1995 (Regular Day Meeting)
(Page 19)
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
RESOLUTION
FUNDING ASSISTANCE FOR
CHRIS GREENE LAKE ACCESSIBLE FISHING
COUNTY OF ALBEMARLE
WHEREAS, the Virginia Department of Game a
ies provides funds to assist political subdivisi
wealth of Virginia in developing new fishing acc
and
WHEREAS, the.County of Albemarle desires t
accessible fishing pier at Chris Greene Lake as
County's ADA transition plan; and
WHEREAS, the funding available from the Vi
of Game and Inland Fisheries for fishing pier pr
to 75 percent of the total project costs or $25,
lower; and
WHEREAS, funding necessary in addition to
Department of Game and Inland Fisheries share to
project will be provided by the County of Albema
NOW, THEREFORE, BE IT RESOLVED by the Boar
of the County of Albemarle that the County Execu
authorized to cause such information or material
necessary to be provided to the Virginia Departm
Inland Fisheries and to enter into such agreemen
necessary to permit formulation, approval and fu
Greene Lake Accessible Fishing Pier Project;
AND BE IT FURTHER RESOLVED, the County of
agrees to accept all maintenance responsibilitie
facility reasonably open for public use for the
life of the project.
Agenda Item No. 13. Report on Joint Exercise of
the Jefferson Area Board for Aging in relation to capi
Adult Day Care Center.
Ms. Roxanne White, Assistant County Executive, s
meeting, the Board reviewed a request from the Jeffers
to contribute $100,000 to JABA's capital campaign to b
care center on Hillsdale Drive. Before making a decis
request, the Board requested staff review the 1975 Joi
Agreement signed by JABA and the six jurisdictions in
determine the extent of the County's responsibilities
JABA and if that responsibility, as defined by the agr
than that between the County and other non-profit agen
The 1975 Joint Exercise of Power Agreement betwe
jurisdictions in Planning District 10 sets out certain
JABA, the local governing bodies and the Planning Dist
jointly address the needs and concerns of older person
Several sections of the agreement are pertinent to the
the Adult Day Care Center. Equally important, however
sections of the agreement that pertain to JABA's respo
ning, implementation and evaluation of programs for th
responsibilities to the TJPDC.
Related to the County's financial obligations to
agreement states: The Board shall be supported financ
Federal government, administered by the Virginia Offic
contributions from member jurisdictions. The Board sh
each member governing body an appropriation of funds t
of regional projects and administration, to be determi
ratio of senior citizens (aged 60 and over) in each ju
number of senior citizens in the District.
Ms. White said JABA by this agreement is authori
appropriation of funds from the County and the County
contribute. However, the agreement does not stipulate
responsible for anything more than a contribution to J
the County required to contribute a specific amount.
agreement, JABA has a different relationship to the Co
profit agencies, because a signed agreement states tha
request and that the County will provide a contributio
agencies do not have any such agreement, but simply ma
funds.
The County does provide a contribution to JABA t
program operations budget, although the share has hist
000250
nan, Mrs. Humphris and
PIER
id Inland Fisher-
phS of the Common-
~ss facilities;
0 develop an
described in the
uginia Department
ojects is limited
300 whichever is
~he Virginia
complete the
ule;
d of Supervisors
Live is hereby
$ as may be
~nt of Game and
zs as may be
lding of the Chris
Albemarle hereby
3, and keep this
~xpected useful
Powers Agreement with
zal request for new
~id that at its March 3
~n Area Board for Aging
~ild a new adult day
ton on the funding
~t Exercise of Power
Planing District 10 to
ko provide funding for
~ement, is different
~ies.
~n JABA and the six
conditions under which
uict Commission agree to
in the District.
funding question for
are several other
lsibilities for plan-
elderly and to JABA's
JABA, Section 6 of the
ially by grants from the
e on Aging; and by
~11 request annually of
u cover, in part, costs
ned according to the
risdiction to the total
zed to request an
aas a responsibility to
that the County is
~BA's operations, nor is
By the language in this
unty than other non-
t JABA will submit a
~. Other non-profit
ke an annual request for
brough its general
orically been based on a
April 5, 1995 (Regular Day Meeting)
(Page 20)
combination of the percentage of the population of per
number of actual persons served, rather than only the
as stated in the agreement. Albemarle's share of the
percent. Our share of general operations based on po~
served is ten percent.
Outside of general program support, contribution
are addressed in Section 5, B and C:
B. A specific project or pass through shall hay
writing for implementation through the Jefferson
the two or more member jurisdictions who desire
implementation of the project shall apply only t
approving their participation, any additional co
from such projects, and not otherwise compensati
by the jurisdictions ' involved~ ....
C. The method of agreement, the obligations and
participation shall be set forth in the annual p
of work prepared by the Board and authorized spe
constituent governing body of each jurisdiction.
Beyond the financial responsibilities, specificI
reporting mechanisms outlined for JABA in the original
being carried out, not through fault or non-compliance
passage of time. In revisiting the agreement, it is c
strongly linked to the TJPDC to develop and coordinate
regional plan that is no longer in place. The lack of
plan may be part of what often causes the programs and
be in conflict with the needs and wishes of the jurisd
Section 2 states: The Board (Jefferson Area Board for
operate such programs and/or to provide such services
participating jurisdictions in order to implement the
Plan for Aging Services of the Thomas Jefferson Planni
referred to as "District" Currently, programs and se
upon by the jurisdictions, except through the budget p
annual Comprehensive Plan for Aging Services prepared
Section 5 states: The Board shall oversee and
the operation of such locally approved regional projec
of Federal and State funds as may be consistent with
Plan for Aging Services.
The Board shall carry out these duties subject t
conditions:
A. The project or pass through of funds shall h
approved by the Thomas Jefferson Planning District Com
Council on Aging as being consistent with the current
Aging Services and all other regional plans and polici
re l evan t.
D. Projects undertaken by or through the Board
ments for evaluation by the staff of the Thomas Jeffer
Commission.
JABA is responsible for the pass through of fede
would otherwise come to each locality in the district
1995-96). Currently no comprehensive plan shows how t
distributed among localities and concern has been rais
Review Committee and the Social Development Commission
federal and state funds allocated to regional programs
JABA has been making decisions about the distribution
programs throughout the region without the input and a
paring jurisdictions
These procedures and policies laid out by the Jo
Agreement are brought to the Board's attention to poin
agreement needs to be revisited by the localities to d
procedures and policies are still valid or if they nee
today's needs and priorities. Renewing this agreement
understanding of program delivery and funding responsi
and the six jurisdictions in the Planning District.
Although the Joint Exercise of Power Agreement d
County to contribute to JABA's programs or facilities,
to make a contribution, staff would recommend that any
Adult Day Care Center be:
on a per capita basis based on the number of Cou
age of 60 (9162 in the 1990 census.)
spread out over a three year period;
placed in a contingency fund, contingent on matc
the other localities.
~ons over 60 and the
percentage of population
~lderly population is 36
llation and number
to specific programs
been approved in
Area Board for Aging by
to participate. Since
~ those jurisdictions
sts to the Board arising
ug for, shall be borne
the local financial
roposed budget and scope
~ifically by each
planning, evaluating and
agreement are no longer
but simply due to the
.ear that JABA was
services according to a
~n updated comprehensive
priorities of JABA to
tctions. For example,
Aging) will function to
~s agreed upon by the
~nnual Comprehensive
ug District, hereinafter
~vices are not agreed
~ocess, and there is no
Dy JABA or the TJPDC.
=. responsible for both
ts, and the pass through
he annual Comprehensive
each of the following
ave been reviewed and
~ission and its Advisory
gomprehensive Plan for
=-s as they may be
shall include arrange-
son Planing District
~al and state funds that
($1.7 million in FY
mese funds should be
ad by both the Program
about the equity of
Again, by default,
if those funds and
reement of the partici-
nt Exercise of Power
~ out that the original
atermine if these
d to be revised to meet
would foster a better
0ilities between JABA
)es not obligate the
should the Board wish
contribution to the
~ty residents over the
hing contributions from
April 5~ 1995 (Regular Day Meeting) ~
(Page 21)
Based on the clear responsibilities and procedur
agreement, staff would recommend that the County take
that the TJPDC convene the six jurisdictions to review
sary, the initial agreement in order to clarify the r
ties of both JABA and the local governing bodies.
Mrs. Thomas said, as far as reconvening the grou
thinks this could be done through the TJPDC, as a Comm
reconvening all of the six jurisdictions. The Commiss
sentatives, which are elected officials, from all six
type of situation is really why the Commission exists.
lot less trouble than if there were another series of
would have to attend. She pointed out that she and Mr
County on the TJPDC.
Ms. White commented that because the agreement s
procedures on how all of the jurisdictions should be ol
to be examined again, after such a long time. Mrs. Th
doubts any agreement made 20 years ago is still up-to-
favor of examining the agreement, no matter what else
Mr. Perkins remarked that he is in favor of the
examining the operation. He feels that more emphasis
put on providing services for the elderly. He thinks
that the elderly persons pay, when they are able to pr
This is being done currently, but there certainly have
those who are not able to provide for themselves. Eve
area that the Supervisors are getting into, he thinks
to be seriously considered. He will support the recom
in the staff report.
Mrs. Humphris commented that she is reminded of
were dealing with the Children and Youth Commission.
money were being received, it was finally realized ths
who was responsible for what, and whether or not funct
etc. In reading the staff report on this agreement, i
very timely to take this matter back to the TJPDC, and
do the work that is obviously necessary on the agreeme
that is done and there is a clear understanding of eve
ties, as well as where the money is going and how it i
this Board is not in a position to make a good decisio
expenditure.
Mr. Bowerman remarked that he appreciates that t
this Board the agreement exists, and it either needs t
modified. He can also accept the staff's recommendati
that if funds are made for more than a one year period
capital need, then the contributions be spread over on
three.
Mr. Martin and Mrs. Humphris asked why Mr. Bower
suggestion. Mr. Bowerman responded that he suggested
a two year period, because the funds are expended in o
funds have to be borrowed, otherwise, by the relevant
case is JABA. It seems to him that if funds are made
period, it is not as reasonable.
Mrs. Humphris wondered if the reason for the sta
the contribution be spread over a three year period wa
capital program. Ms. White said it was her understand
would be an acceptable time frame for JABA, as far as
cerned. Mr. Bowerman remarked that he would think, fr
basis, it would be better to get the money in a shorte
However, if this time frame is acceptable to JABA off[
support the three year period.
Mr. Tucker asked if Mr. Walker, the jABA's Execu
to this issue. Mr. Walker commented that a three year
able, but a two year time frame for funding would be b
Mr. Bowerman that there will have to be bridge loans f
the longer the amount of time that the pledges are be[
money that has to be borrowed and more interest paid.
Mr. Tucker inquired if the timetable for the adu
twenty-four months. Mr. Walker responded that he hope
in a year from now.
Mr. Bowerman reiterated that his suggestion is f
spread over a two year period. He will support the th
if the other Board members think that it is more appro
asked how much money is involved. Mr. Bowerman answer
in the context of whether or not the County makes a co
that contribution is contingent upon some formula that
Board. He would like to know the total amount request
jurisdictions, as well as Albemarle County's percentag
all of the remainder of the jurisdictions recognize th
are participating.
0002 2
~s laid out in the 1975
Zhe lead in requesting
and revise, if neces-
Dles and responsibili-
~ of jurisdictions, she
ission, rather than
ion consists of repre-
~urisdictions. This
This would make it a
leetings that everyone
Perkins represent the
its out very specific
berating, it does need
~mas agreed that she
~ate. She would be in
is decided.
[unding, as well as
is going to have to be
it is also important
or[de for themselves.
to be provisions for
~ though this is a new
it is something that has
uendations as outlined
~hen the Board members
~hen the requests for
z it was not clear as to
ions were overlapping,
z sounds as though it is
for that Commission to
~t to revise it. Until
~ybody's responsibili-
being expended, then
on a large capital
staff has reminded
be followed or
Dh, although he suggests
since this is a
[y two years and not
nan was making such a
~unding not be made past
le time period. The
~uthority, which in this
Dyer a three year
~f's recommendation that
to help the County's
ing that three years
5he funding was con-
Dm a capital needs
period of time.
~ials, then he would
~ive Director, can speak
time period is accept-
~tter. He agreed with
Dr financing. He said
~g received, the more
day care project is
to open the facility
.r the funding to be
tee year recommendation,
0riate. Mrs. Thomas
~d that he is speaking
~tribution, and, if so,
is brought back to this
ed from all of the
e of this amount, and if
eir responsibility and
April 5, 1995 (Regular Day Meeting)
(Page 22)
Mr. Tucker commented that the staff does not hay
amount in mind, unless this Board chooses a figure. T
to see what the entire region is doing and what is rea
per capita basis. The staff has to come back to this
tion, and the staff's recommendation would be based up
made in the staff report. He emphasized that the staf
type of appropriation, today.
Ms. White stated that if the staff's recommendat
approximately 36 percent of the total contributions fr
be from Albemarle County, based on its over 60 years o
Mrs. Thomas emphasized that she is suggesting th
that the TJPDC does not have to convene all six jurisd
she thinks the TJPDC will come back with a recommendat
comprehensive plan. Mrs. Thomas commented that the TJ
of the jurisdictions will have to convene, but she wou
happen.
Motion was then offered by Mr. Bowerman, seconde
support the recommendations of staff as follows:
Any contribution to the Adult Day Care Center be
basis based on the number of County residents ov
spread out over a two-year period; and 3) placed
contingent on matching contributions from other
The County should request the Thomas Jefferson P
Commission to convene the six jurisdictions to review
sary, the initial agreement in order to clarify the ro
of both JABA and the local governing bodies.
Roll was called on the foregoing motion which ca
recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
Agenda Item No. 14. Request to create Historic
Mountaintop Protection Committees.
Mr. Cilimberg said that historic preservation an
issues are scheduled to be discussed as part of the Co
along with other "Phase 2" topics sometime after Augus
Planning Commission's completion of the land use plan.
the Board of Supervisors create both a historic preser
devise a preservation plan and a mountain protection c
mountain protection plan for the County. Both plans s
dations regarding regulatory ordinances. Staff antic
committees could begin as early as mid-May, dependent
initial land use plan proposals.
He has provided the Board with additional infor~
detail the background issues, recommended work program
composition of the committees. Mr. Cilimberg said the
its work session on March 21, 1995, unanimously recomm
create a historic preservation committee and a mountai
They also recommended that a member of the Chamber of
mountain protection committee, and that an owner of lo
mountain property should be represented. Two of the C
Nitchmann and Thomas Jenkins, expressed interest in se
mountain protection committee. Kat Imhoff expressed i
liaison on the historic preservation committee.
Staff and the Planning Commission recommend that
committee of approximately seven members either be sel
appointed by the Board, with the following areas of re
1) and 2) two members with expertise in historic
archaeology;
3) and 4) two owners of Virginia or National Reg
5) and 6) two representatives of tourism or pres
businesses;
7) a member who served on the Citizens for Albem
committee.
Staff and the Planning Commission recommend that
committee of approximately seven members either be sel
appointed by the Board, with the following areas of re
Two owners of mountain/low land property;
a forestry consultant;
a landscape architect or other professional with
preservation expertise;
a member with expertise in bio-diversity or wild
a member of the Entrance Corridor Architectural
~ a specific funding
ae staff's approach is
~onable and fair from a
Board for an appropria-
Dn the recommendations
is not requesting any
ons are followed,
Dm the localities would
age population.
s Board also recommend
[ctions. Ms. White said
ion to develop a
PDC may' decide that all
Ld prefer this not
by Mr. Marshall, to
1) on a per capita
r the age of 60; 2)
in a contingency fund,
Localities.
kanning District
and revise, if neces-
Les and responsibilities
wried by the following
nan, Mrs. Humphris and
Preservation and
~ mountain protection
uprehensive Plan Review
:, following the
Staff proposes that
~ation committee to
)mmittee to devise a
lould include recommen-
[pates work with both
lpon progress with the
~tion describing in more
and recommended
Planning Commission, at
~nded that the Board
~ protection committee.
~ommerce be added to the
~ land as well as
Dmmissioners, William
~ving as liaisons on the
lterest in serving as a
a historic preservation
~cted by staff, or
oresentation:
preservation or
.ster properties;
~rvation-related
arle historic ordinance
a mountain protection
~cted by staff, or
oresentation:
scenic/resource
.ife habitat;
Review Board;
April 5, 1995 (Regular Day Meeting)
(Page 23)
a member of the southwest Mountains Coalition;
a member of the Chamber of Commerce.
In addition, one or more members of the Planning
Board may be desirable to act as liaisons on the two c
recommends that the Board provide direction on appoint
the Board would like some recommended names, suggestio
At this time, Mr. Martin offered a motion to pro
appointing members to a Historic Preservation Committe
members, and by appointing members to a Mountain Prote
approximately seven members. Mr. Martin said this Boa
of committee members, if it so chooses. He would like
Mr. Eddins and Mr. Lowenstein as members of the Histor
tee.
Mrs. Humphris said she would second the motion,
can understand why a particular citizens group is sing
on the Historic Preservation Committee. She said that
Albemarle Historic Ordinance Committee did a tremendou
work. However, that as far as the Mountain Protection
she would like to know why the Southwest Mountain Coal
believes the membership should come from the business
specific organization. She wondered if members from t
particular expertise, interest in, or ownership of the
Mr. Cilimberg replied that the one established N
District in the County includes Highland properties.
considered from the standpoint, because of the Southwe
that area, there might be a particular interest from t
pointed out that this recommendation is not to insinua
person within the district is more capable than anyone
considering that particular type of issue.
Mrs. Humphris asked if Mr. Martin would consider
change the recommendation for membership to the Mounta
to include a member of the business community instead
Southwest Mountain Coalition.
Mrs. Thomas disagreed. She said when a member i
zation, that person has a means of communicating with
within that organization. The result is more of a rep
opposed to having one very knowledgeable, concerned bu
have the means of communicating to all other business
person chooses to go to the Chamber of Commerce. She
Chamber of Commerce specifically name someone who will
to them, rather than an abstract business person.
At this time, Mr. Perkins asked if Mr. Eddins wo
brief comments.
Mr. Eddins applauded the fact that this matter h
this Board, and he applauded the Board for even consid
Board might authorize these committees to begin work,
two comments, with one relating to balance and the oth
He said Mr. Cilimberg had referred to the Comprehensiv
hopes there will be a product by this November. He ha
of presentations where the developers have indicated t
on the update of the Comprehensive Plan, it is going t
month. It is more difficult to put a price on what it
Historic Preservation Ordinance is not devised in this
have been some examples of resources which are lost, a
be an argument in favor of getting on with the matter.
Mr. Eddins said balance is needed in whatever pr
receives, with whoever develops it, and in the adminis
stated that this country, from its very beginning, has
between individual rights and the common good, and thi
consideration in this situation. He noted that 91 per
wanted a Historic Preservation Ordinance, but he suspe
this Board who are passionately in favor of historic p
who are opposed to it, as well as others who are indif
pointed out that these different viewpoints need to be
in order for the Board to have an enforceable ultimate
Mr. Martin said he is greatly in favor of histor
as mountain protection. However, it is important to u
is going to be an ordinance, there first must be balan
It must also be realized that there has to be a flexib
ordinance, and it is treated as though it is a law, wi
the County will end up with a lot of stupid situations
ordinance not even be developed, if it means that ther
no flexibility or common sense, given individual situa
such ordinances, realizing there is flexibility, and t
sense. When an ordinance is administered as if by rob
rather not have it.
Commission and the
)mmittees. Staff
ing the committees.
~s can be provided.
If
2eed as recommended by
~ of approximately seven
~tion Committee of
cd could recommend names
to submit the names of
Lc Preservation Commit-
~ith two comments. She
Led out for membership
the Citizens for
$ amount of original
Committee is concerned,
[tion was named. She
~ommunity instead of a
~is Coalition have
se areas.
ational Historic
Fhe matter was being
~t Mountain chain in
~is group of peoPle. He
ze that any particular
else in the County in
amending his motion to
[n Protection Committee
Df a member from the
chosen from an organi-
large group of people
esentative action, as
~iness person who won't
people, unless that
~ould rather have the
represent and get back
lld like to make a few,
as been brought before
~ring it. Assuming the
~e would like to make
~r relating to urgency.
Plan development. He
sat through a number
at if they have to wait
D cost them $10,000 a
will cost, if a
County. There already
ad he thinks this would
Dduct the County
zration of it. He
had a natural tension
~ has to be taken into
=ent of those surveyed
~ts there are people on
reservation, and others
[erent to it. He
worked into the process
product.
ic preservation, as well
nderstand that if there
~e within the ordinance.
ility. If there is an
th no flexibility, then
· He suggested the
= will be a mindset of
tions. He can support
here is room for common
Dts, then he would
April 5, 1995 (Regular Day Meeting)
(Page 24)
Mr. Eddins said that is exactly what he meant
There are people who own historic resources of
ordinance would have to be sufficiently balanced and f
having an ordinance is to keep County officials from
0002S5
the term, "balance."
types or means, so the
The purpose of
individual
decisions, which is what is being done now. With some provisions in the
ordinances for appeals, and with the ARB making the ro decisions, then it
is more reasonable.
Mr. Marshall said he is concerned when the owner of historic property
dies. Two or three children could be left as owners o
might have no means of maintaining it, and they might
asked what would happen if they cannot find a buyer
but there might be a buyer who has another use for it.
proposed ordinance would do to such a family. Unless
with funds to buy this property, then the County offic
careful as to how the ordinance is written. Mr.
at a meeting where the same question was brought up.
needs to deal with this issue head on and make some pr
not in a position to buy historic resources, but that
resources have to disappear in the process. Mr.
financial burden should not be put on people who have
of it. This is not fair and he would not support
Eddins agreed.
the property, but they
to sell it. He
wants to preserve it,
He asked what this
he County is prepared
have to be very
remarked that he was
thinks the committee
The County is
not mean the
commented that this
means of taking care
an ordinance. Mr.
Mr. Perkins said what has been said about the Historic Preservation
Ordinance can also be said about the Mountain Protecti Ordinance. He will
support the formation of the committees, but a lot of input will be
needed. He suggested that an advertisement be informing the public
of these proposed committees and requesting people who are interested to
contact the Planning Department. He suggested, too, t a time period be
established for the committees to finish its work, suc as other boards and
committees have had in the past.
Mr. Tucker concurred. He said the Planning
suggested that names for committee members be brou¢
went on to say, though, that if this Board would
then this process can be followed. He said an adverti
and the Supervisors interview the people.
[ssion members have
to this Board. He
make the appointments,
could be prepared
Mr. Bowerman said the Sustainability Council is working on a
series of goals, one of which deals with ethics. In p of the work that was
done for this, chapters in "Geography of Nowhere" were read. The Council has
had difficulties working with this ethic, because this country has a frontier
ethic dealing with land, and, especially, dealing land as an exploitable
resource. There is very little ethic dealing with as a community
resource. There is a lot of friction between personal property rights and
common shared values about the use of land and whether or not the land belongs
to the current population, whether it belongs to peoplD who preceded this
population or whether it is a combination of those thibgs. He thinks the
Board should be involved with the selection of both committees because
these committees are going to have to work through major problems that
are going to be brought to them by the public. There to be good people
involved with these committee to be able to do that.
Mr. Marshall suggested that it would be helpful zo have a legal individ-
ual on this committee who knows the laws. There have
cases before the Supreme Court relating to the taking
ordinances, because of the way they were written,
taking of an individuals land and taking the rights
mentioned a case in South Carolina where a property
state for a lot of money and won the case. Mr.
this is one of the major topics in this whole discussi
several recent
land. He said zoning
constituted a
r from the owners. He
sued the county and
said he understands
Mr. Perkins asked if the ordinances have to be c
updated Comprehensive Plan is adopted. Mr. Cilimberg
the Board members choice as to how they approve the or
sire Plan is the mechanism to consider and define cert
make the recommendation as to what the ordinance shoul
remarked that these particular areas were mentioned
sire Plan.
)leted by the time the
)lied, "no." It is
The Comprehen-
areas, as well as
include. Mr. Martin
the previous Comprehen-
Mrs. Thomas said this issue is five years time. She would like
to make a compromise suggestion. She likes the idea o the staff getting
names and presenting them in these categories, but she to the concern
expressed by other Board members about informing the and advertising in
the paper. She asked if it would be possible to do type of advertising
differently than it is usually done in regular adverti for boards and
commissions. She wondered if the advertising could be done at the present
time, with the different categories indicated. The might be suggested
by an organization or self suggested, and the staff then bring these
names back to this Board.
Mr. Tucker inquired if Mrs. Thomas is making thi suggestion as a
procedure to follow, rather than for the Supervisors t interview the appli-
cants for these commissions. Mrs. Thomas replied that she thinks following
this procedure would be better than going through the process. Mr.
Cilimberg said the Supervisors could see the names of various people and
they could decide on committee members, at that time. Mrs. Thomas indicated
April 5, 1995 (Regular Day MeeEing)
(Page 25)
that this is what she would like to do. She is to think of a way that
meets the interest of having this process open to the ~ommunity, but she also
believes that having these different categories is a idea. Perhaps after
the names are given to the Supervisors, they will make the final decision as
to whether or not they will interview the applicants. She thinks the recom-
mendations that have already come from at least one make so much
sense, and were well thought out, that she would hate undo that work. Yet,
she agreed that the public should know that these are being formed.
Mr. Bowerman commented that this Board would the final word on the
committee appointments.
It was the consensus of the Board that membershi
general advertisement in the local new media.
Roll was then called, and the foregoing motion c tried by the following
recorded vote:
should be solicited by
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
Mrs. Humphris and
Agenda Item No. 15. Discussion: Financing opti
issues on the Jail Expansion.
and privatization
Mr. Tucker said two memoranda had been to Board members in
response to questions raised at the March 15 Board me~ on jail financing
and privatization issues. The first memo from the Attorney addresses
the advantages and disadvantages of using Industrial D Authority
(IDA) revenue bonds vs. becoming an authority to issue bonds for the jail
expansion, concluding that a jail authority is a legal process. The
second memo from Mr. Roger Wiley addresses many of the issues raised by Board
members on privatization and answers the following que :
· either a regional jail board or a regional authority can
privatize its jail;
· privatization agreements must be approved the State Board
of Corrections, provide equal quality and a cost bene-
fit over a publicly run jail;
· a regional jail board must be retained eve if a jail is
privatized;
· the state will participate in the construc of a privat-
ized jail;
· no local or regional jails have been contr in Virginia;
· there are no significant operational diffe between a
jail authority and a regional jail board;
· the decision to move forward with the expa is critical
to keep the project on schedule and secure funding from the
General Assembly.
of local' and
was hampered this week
Relevant
between
guidelines and
has not been
tried anywhere in Virginia, it is difficult to measure how successful a priva-
Mr. Tucker said gathering information on the pri
regional jails outside the state has been difficult
by several key individuals at the state level being
information is also difficult to obtain due to the dis
jails privatized outside the state governed by differe
restrictions other than those in Virginia. Because pr
tization effort might be for the Joint Security Comple
tion issues can be separated at this time from either
with the jail expansion or the decision to become an a
izing the jail's operations will always be an option t
a jail authority. At this time, it seems that more re
on privatization efforts elsewhere before any
can be made.
However, privatiza-
decision to proceed
y, since privat-
either a jail board or
needs to be done
on local privatization
Mr. Tucker said City Council has met on this iss
its reaction. Mr. Davis said no public action was
Councils' executive session. It is his understanding
looking at additional information.
, but he has not heard
after the City
Council is still
Mrs. Humphris asked why an executive session
matter. Mr. Davis replied this would be a legal matte
agreement that is being negotiated. City Council
agreement in executive session.
be needed for this
concerning a specific
the authority
Mrs. Thomas said she has done a lot of research
mately 15 people, including people on the Senate
the Corrections Corporation of America, as well as off
Wythe County, which are the two areas that are conside
her opinion, privatizing only make sense in terms of
a private company build a jail, because it is the
in paying it off that is going to increase the local s
five times. She does not think that anyone is suggest
run inefficiently, or that it needs to be turned over
said private people say they can build more quickly,
not that great, so this would not be a terrific
talked to approxi-
staff and people in
of Wytheville and
privatization. In
such as having
of that indebtedness
per diem by four or
the jail is being
a private firm. She
the time situation is
She has researched,
April 5, 1995 (Regular Day Meeting)
(Page 26)
and the time frame of building the jail within 15 mont]
original architect's proposal, seems to be very reasona
Mrs. Thomas said it is probably going to be desi~
project over a number of years so there will not be moa
time. She informed the Board members that private peo~
without state procurement restrictions, and this helps
checked with people who have been building under the
they suggested that the builders know the state system
slow down construction locally by any tremendous amoun~
they can build more efficiently, but the state regulatz
stringent, for private jails, according to George BailE
the public jails. She said Mr. Bailey indicated that
not been completed. Private people can be brought iht(
time, so the door would not be closed to them, but she
has not been done yet in Virginia. She said Wythevill~
with localities agreeing to use it for their private j~
jail is being approached as an economic development
Virginia, and the people there are very eager to have
Mrs. Thomas pointed out that Wytheville's facili
for how Albemarle County and Charlottesville officials
She has decided that private building of the jail does
ing to any of the criteria she has been able to examin,
project is handled with the authority bond issue, or I!
there will be a debt to an authority anyway, because tl
officials will be agreeing to pay the per diem. It is
project is being put in the County's own capital impro'
seems to her to be the good citizen approach to capita
approach is to make sure that the project appears in tl
capital improvements plan, or a referendum could be he
what is being done. This is not being done either way
authority will be involved.
Mrs. Thomas said either way payments will have t.
until they are paid off so there is the continuing deb
The IDA plan means that more will have to be paid up f
said if the City officials are concerned about the exp
thinks this will be less likely to happen than going t
there are enough empty cells, then alternatives would
said efficient operation is about the same either way
County are still going to have to be paying per diem,
bond that is going to affect the costs. As far as ski
harming staff or inmates, she thinks that keeping out
incentive that will keep the authority or the commissi
issue. The authority gets free use of the drink machi
localities, otherwise, have to approve this every time
drink machine funds.
Mrs. Thomas said she thinks the incentives come
an authority as they do with a joint commission. She
extensive reworking, and there is time to do that. Sh
agreed upon that an authority should be formed. Alter
and the need for the exact number of cells that are go
when they are going to be built, needs to be made much
lot of time trying to track down exactly what cells we
well as when, why and how the numbers were going to ad
officials are already late in building the jail, and t
of some wonderful cure of the drug abuse market that w
decrease in the number of prisoners. She does not thi
assumption that the jail can be filled with federal pr
going to be slower about taking away their prisoners.
Mrs. Thomas said she was talking to the Senate F
find out what really is going on at the state level.
all of its bonded indebtedness to the building of pris
delay in that area, but it is almost impossible to fin
Governor has promised this will not happen in a commun
prison. She said with that handicap, no one thinks th
work gyms built during the present Governor's term, an
Assembly will have to decide that it wants to overrule
preference in order to go to a massive prison building
said the thought of a lot of state prisons built to pi
probably not going to happen.
At this time, motion was offered by Mrs. Thomas
step of moving toward an authority relative to the pro
jail, and that the Board work with the City on this is
seconded by Mrs. Humphris.
Roll was called on the foregoing motion, which c
recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
None.
000287
S, which is the
.ble.
'able to spread the
'e cells built ahead of
~le say they can build
a great deal. She
~ate restrictions, and
and that it does not
~. Private people say
.OhS are going to be as
~y, than they are for
zhese regulations have
~ the project at any
pointed out that this
~ has a state prison
~il. She explained this
Due in southwestern
.t in terms of jobs.
~y is not a good model
would want to proceed.
not make sense accord-
~. As to whether the
)A, Mrs. Thomas said
le County and City
not as though the
~ements budget, which
[ improvements. This
~e jurisdictions' own
rd, and the public knows
because either way an
be made on the bonds
to the bond holders.
ont to architects. She
~nse of all this, she
an authority. If
5ot be considered. She
because the City and
~nd it is financing the
nping to the extent of
Df court will be the
Dn straight on that
· e dollars, and the
they want to use their
out as well with having
~aid the draft needs
~ thinks it should be
~atives to incarceration
Lng to be built, and
clearer. She spent a
ue going to be built, as
d. The City and County
~ere is no reason, short
Duld allow for the
~k there should be the
isoners the state is
inance staff to try to
the state has pledged
phS, so there is no
~ sites. She said the
ity that does not want a
~re will be anything but
~ the whole General
local government
project program. She
uk up these prisoners is
to proceed to the next
ject for expanding the
sue. The motion was
~rried by the following
man, Mrs. Humphris and
April 5, 1995 (Regular Day Meeting)
(Page 27)
Mr. Davis said the next step is to present to
Board the agreement
that will establish the authority. That agreement will need to be acceptable
to both the County and the City should the City agree o take the next step.
He asked that comments on the draft agreement be to him by the end of
April. He suggested that the Jail Board look at the ~aft agreement as well
and provide its comments.
Mr. Tucker voiced a concern relative to the need for enough time for
bond counsel and the architect, etc., to be in place. There needs to be some
definitive advice on costs. He asked if this could forward without the
authority being created. The only issue would be whet[ or not the City
officials would agree to spend the funds. He is concel about waiting until
the end of the month for the agreement changes to come back to Mr. Davis.
Mr. Davis said it is important that City officials make a decision so
the project can move forward. He agreed that there ar,~ some time constraints.
In order to meet those time constraints financial advisors will need to be
hired by the Jail Board, or by the jail authority, whel one is created, to
meet the July 1 deadline. The Jail Board members need to consider
the time frame within which they need to work and come back to this Board and
the City Council with a recommendation as to what fund are needed to meet
that deadline. If the authority is not created, a riations will be needed
from both the County and City to fund the consultants ~hat are needed.
Mrs. Thomas pointed out that the Councilor with
indicated that City Council is not convinced there is
need. She believes they may be thinking this is somet
not move, at all. Mr. Davis commented that this is no
can make unilaterally.
Mrs. Humphris commented that the Board members
for the expansion, and have agreed to the ability of t
asked if she understands correctly that the City Counc
Mr. Davis said that is correct. Mrs. Humphris remarke
the City Council representative on the Jail Board has
members that he does not agree with the projections, a
his own. She asked Mr. Mitchell Neuman, the Chairman
long ago this had happened. Mr. Neuman replied the Ci
comment in September.
Mrs. Humphris said the City Councilor has indica
being done too hastily, but she pointed out the projec
for a year to a year and a half. Mrs. Humphris then i
the Board, and asked him if he would like to speak to
she spoke has
hurry, or there is a
on which they will
a decision the County
ye agreed to the need
jail authority. She
has done neither.
that the problem is
the Jail Board
that he will provide
the Jail Board, how
Councilor made this
this project is
has been considered
Mr. Neuman to
matter.
going on for 14 to 16
to get a feel for the
is considering this
in discussing
issue than just
funding cycle be
change its funding
might be left with
of it. She mentioned,
sessment and a planning
The study gave the
jail, and the Complex
the Governor's
feeding into the
over today, there is no
not understand this
of the need, and
the project.
the Jail Board has
were
methods are beginning
work release inmates.
Mrs. Humphris pointed out that there is more to
missing the budget cycle. Not only would the two
missed, but there is a large possibility the state
ratio. There might not be another cycle, and the
the whole project for construction, instead of one-hal
too, that these projections required the state needs
study which were done by the very best people availabl
low, medium and high range of growth projections for t
is operating on the medium range. This was all done
bill of no parole was passed. This is a whole other i
need and projections, and if the projections were
question that they would be on the higher side. She
whole situation, because in her mind, there is no ques
there is no question of the necessity for speed in
It has not been done in a hurry, and the decisions
made were done over a long period of time, and other
carefully considered. She noted also that alterna'
to be implemented, such as electronic incarceration
basically elimi-
that he is not
the conversation, as
time frame. He
a lot of concern if
process. If
the City and County,
this project could be
the City have a
space to house
rate, but it is
of the Jail Board, he
to get them into a
discussing this issue
most.
additional prisoners outside of the Complex, and this
nate their need for additional beds 100 percent. He
trying to speak for the Mayor, but he is trying to rel
he (Mr. Neuman) understood it. The Mayor gave him no
emphasized to the Mayor this morning that there would
something is not done by July 1, because of the budget
sufficient things are not in place by that point in
as far as some type of agreement, then the earliest ti
funded would be 1988. This would mean that not only
problem, but it will also mean the County won't have s
its prisoners. The County's usage is going up at a
increasing, and the City's is decreasing. As
is trying to do as much as he can to motivate City
position to begin to make a decision. They are not
in public, and that is the thing that distresses him t
Mr. Neuman said preliminary discussions have bee
months. He talked to Mayor Toscano this morning to
situation. He does not want the Supervisors to think
conversation as meeting with City officials. He was i
the size of the expansion and the size of the project, as well as the necessi-
ty of any work to be done outside of the renovations, as relating to ADA
compliance, etc. It is also his understanding that is some ongoing
research, on behalf of the City officials, for them to consider housing their
April 5, 1995 (Regular Day Meeting)
(Page 28)
Mr. Neuman commented that the Jail Board is also
agreements for leasing equipment, instead of purchasinc
on the expense for localities.
Mrs. Humphris stated that everybody involved is
everything that can be done to keep down the inmate pc
provide for the inmates, which is required by law. Sh~
is any alternative for proceeding with the project. TI
baffles her, because there is no alternative for the C¢
cials are considering other alternatives of housing th~
information needs to be shared with the Jail Board and
sors. She reiterated that if the deadline of June 30
mean out of pocket expenses for taxpayers.
(Mr. Marshall left at 12:30 p.m.) Mrs. Thomas c
staff members of the Senate Finance. Committee, who deal
lectured her on how alternatives have to be considered
consultant who would look at such things. When she me]
had been a consultant for this project, the Senate Fin~
Mr. Powell is the very best. This is an outside opini~
Mrs. Humphris' remarks.
Mr. Bowerman inquired as to what will happen wit!
between the City and the County, if Charlottesville is
Thomas replied that a part of the draft addresses this
said the state law allows for towns to participate in ~
circumstances. If Charlottesville is no longer a city
that reversion, could make legal requirements on the t,
the reversion. There is no clear-cut answer as to wha'
sibilities would be in this particular instance. Alth,
not responsible for jail expenses, in this particular.
a reversion, that is not absolutely how the matter woU
Mr. Bowerman remarked that if there was no agreel
City, then chances are that if the City became a town,
obligation for it to participate. Mr. Davis responded
true. Currently there are City prisoners, and City ob
regional Jail Board arrangement. He thinks this would
stance which would be very important to a court in con
issue, as far as balancing the financial responsibilit'
out that City Council may be looking at this matter en
County officials.
Mrs. Thomas noted that City officials seem not t~
division of per diem is soon to be driven by more than
take place. She recalled that the Councilor to whom sl
such a way that she was sure, he did not understand th.
made as far as fair is concerned, however fair is defil
County prisoners. Unfortunately, she did not know eno'
person at the time. Mrs. Thomas went on to say that C
not think it was fair that just because an arrest was ~
person be regarded as a City prisoner. The Jail Board
other ways to handle this situation. Mrs. Humphris co'
method of doing that has been implemented.
(Mr. Marshall returned at 12:33 p.m., and Mr. Ma
said since that issue was first raised at the end of 1
has been trying to develop the statistical data necess
some suggestions as far as the fairness issue is conce
matter is 90 days to 120 days of acquiring that data,
use now that there is some background on this issue.
comment that Mrs. Thomas had made when she was describ
went on to say that the Jail Board's intent, as far as
concerned, is not to make money on them, if there is s
Financial projections, which were presented in Decembe
of federal prisoners as the Complex fills to capacity.
line, they might initially be filled with federal pris
additional revenue, but this revenue would be a decrea
out and local necessity becomes 100 percent.
Mr. Perkins commented that it seems as though al
wait until it is known what City officials will do.
Agenda Item No. 16. Discussion: Board Room Sou
Mr. Tucker said the current public address syste
installed in 1981 when the building was renovated as t
Building. Demands on the 14 year old system for recor
multiple open microphones now exceed the ability of th
needs. Staff has sought bids to procure a system that
the public meeting room with the lowest responsive bid
Piedmont Electronics Company of Charlottesville. The
Board Room settings and would completely replace the e
Main features of the new system include micropho
up paper shuffling but voice only, the ability to mute
head of an open microphone, elimination of feedback du
000289
considering potential
equipment, to cut down
nterested in doing
~ulation, as well as to
does not know if there
be City's attitude
)unty. If City offi-
~ir inmates, then this
the Board of Supervi-
.s not met, it could
)mmented that one of the
.s in this area,
and how to get a
ltioned Mr. Powell, who
~nce member replied that
)n to correspond with
· agreements signed
no longer a city. Mrs.
situation. Mr. Davis
~unding jails in some
. the court in allowing
)wn as a condition of
: the financial respon-
)ugh towns generally are
~ituation where there is
Ld be handled.
nent entered into by the
then there would be no
that is not necessarily
Ligations under the
be a unique circum-
~idering the reversion
;. Mr. Bowerman pointed
~irely different than
) understand the
just where the arrests
le spoke was talking in
~ changes that will be
led between the City and
~gh to contradict this
[ty representatives did
uade in the City this
has been looking at
nmented that another
~tin left.) Mr. Neuman
~st year, the Jail Board
~ry to begin to make
~ned. He said the
~nd it will be put to
Ee then addressed a
Lng her research. He
federal prisoners are
Dace available for them.
~, eliminate any funding
As new beds come on
)ners and generate some
~ing source, once build
this Board can do is
d System.
n in Meeting Room 7 was
~e County Office
~ing, media tie-ins, and
~ system to handle the
will meet the needs of
being $10,374 from
system is designed for
· isting system.
~es designed not to pick
the speaker over the
to multiple open
April 5, 1995 (Regular Day Meeting)
(Page 29)
microphones, and enhanced amplification and equalizatl
existing public address system will not allow sufficie
ed without creating feedback in the system. This is e
room is full during hearings. The new system allows f
the system balance to be changed for varying room cond
allow for a better tape recording to be generated for
One of the critical decisions to be made, if the
what type of microphone to use. The new system uses a
microphone which is not offered in the current lapel c
are: (1) a lavaliere - to be hung around each Board m
table-mounted microphone stand; (3) a goose-neck mount
is currently on the podium; and (4) a low profile, tab
get covered with reading material.
Staff recommends that the low bid from Piedmont
with funds to come from Virginia Power electric contra
the Staff Services budget.
Mr. Bowerman said when the Sustainability Counci
goose-neck type microphones were used. There was a bu
would light up if it was pushed down and released, and
the light would go off. The light stays on until it i
sensible to him because when the person is listening,
However, when the person wants to speak, he or she can
noted, however, that it requires the person making com
OO0~90
n. The design of the
~t volume to be generat-
~pecially acute when the
Dr "presets" to permit
itions. This will also
the Board Clerk.
system is purchased, is
~ advanced design
lip design. The choices
ember's neck; (2) a
ed stand, much like what
le mounted, which may
~lectric be accepted
nt savings ($40,000) in
met in Richmond the
~ton available which
if it was pushed again,
turned off. It seemed
~he light is off.
turn the light on. He
nents to lean forward to
the table instead of leaning back. His concern is tha~ if the microphone is
hung around the Supervisors' necks, they will probabl~ pull them loose with
their movements. Mr. Tucker agreed. He said everybod~ seems to forget to
take the current microphones off, and the new method w~uld be even worse, if
the microphones were forgotten. I'
Mrs. Thomas said t at spea ing as someone w o a~ spent many years ou
h k h h~ t
in the audience, she cannot see this Board using any type of microphone,
except ones that are located on the Supervisors. The
lean forward and they will forget. When she wants to
going to sit back and talk, and the microphone will no
saying. It is not that she is trying to keep somethin
she does not believe the Supervisors will lean forward
phone in order to make a comment.
Mrs. Humphris remarked that the Supervisors have
comments in the Auditorium, and it is very difficult t
phones. She added that if there is a microphone mount
going to be an ordeal to get to it.
Mr. Marshall asked if these are the only options
responded that these are the only options being offere
Board members have other ideas, they can be explored.
Board of Health has microphones which come down from t
microphones are very small and they are extended on a
Tucker said he is unsure how effective that sound syst
wants to talk to someone, the microphone can be remove
Mr. Bowerman inquired if the microphones that ar
can be shut off. Mr. Tucker said that may be such a
Martin said he would like to keep the feature of
microphones.
Eupervisors will not
uake a comment, she is
pick up what she is
~ from the audience, but
and talk into a micro-
to lean forward to make
get to those micro-
ed on the table, it is
available. Mr. Tucker
d this time, but if the
Mr. Marshall said the
ne ceiling. The
tiny piece of wire. Mr.
em is. If a Supervisor
e worn around the neck
feature available. Mr.
able to turn off the
Mr. Perkins asked if the Supervisors would like
laval.iere type of microphone. By consensus the Board
proc,~ed with the lavaliere type microphones.
proceed with the
agreed to
Agenda Item No. 17. Discussion: Minor League ~s~ball.
Mr. Tucker said the Board of Supervisors, at its F~bruary 1st meeting,
aske,{ staff to investigate financing options for l~ague baseball
facil.ities. Six regional sites were researched and ~niversity stadium.
The i.ocalities examined host teams from the lowest of minor league
comp,~tition, Rookie League, to the highest level, AAA.
Local.it¥ Level
Danv~.lle, VA Rookie
Prin(:e William, VA
Win. ston-Salem~ NC
Locality
Lynchburg, VA A
A Frederick, MD A
A Yale University ~
Richmond, VA ~
Regarding financing, Mr. Tucker said of the six
gated, all were publicly owned and financed, while Yal
with University and state economic development monies
vary from location to location, with Danville
favo:~able lease agreement. These municipal baseball
gen. e:~al obligation bonds, CIP funds and loans.
that the majority of sites around the country were
this manner; however, there were exceptions. Several
stadl.um construction using a combination of hotel
ional sites investi-
~graded its facility
%?he costs and leases
]~aving the most
were financed with
research indicated
publicly financed in
funded new
s/tourism taxes, cable
April 5, 1995 (Regular Day Meeting)
(Page 30)
franchise fees, public donations, state loans, state
funds, team ownership contributions and private/corpor
The costs for new Class A minor league parks ran
million depending on amenities. These costs do not in
expenses. Most municipalities justify subsidizing min
means to foster community relations and development.
entitled, "A Survey of Regional Fan Interest in a Mino
Franchise for the Charlottesville/Albemarle Area" supp
our area. The study commissioned by the Centerfield G
ownership group) and conducted by the Center for Surve
University of Virginia interviewed over 500 local hous
indicated that the majority of persons surveyed are in
minor league team for this area, and attendance could
300,000 per season. Also, a substantial portion of re
~onomic development
ate sponsorship.
Ted from $3.0 to $6.0
~lude yearly maintenance
Dr league baseball as a
rhe March 3, 1995 survey
r League Baseball League
Drts this conclusion for
roup, Inc. (a potential
F Research at the
~holds. The results
~erested in obtaining a
~e expected to be over
~idents responded that
they were willing to have the local governments help
stadium.
Regarding location, Mr. Tucker said finding an a
prove too controversial for the regional stadiums rece
newer stadiums were built either in isolated non-resid
case of Frederick, MD, near highways with an 11:00 PM
of the sites researched were utilized for activities o
baseball, such as high school games, concerts and fair
Staff research indicates no successful partnersh
finance construction of a
~ceptable site did not
htly constructed. These
~ntial areas, or in the
lights out policy. All
~her than minor league
ps for bringing minor
league baseball to a community that does not involve
lic/University funds, either for debt service or opera
point, staff requests whether further research should
ended at this time.
Mrs. Thomas said it seems clear to her that if a
interested in such a project, and they are interested
government's help with financing, then this could be h
since this is the way that such an item is usually han
say that there could be an item on the referendum whic
the meals tax was necessary in order to have minor lea
this seems to be responding directly to the public. T
getting this project underwritten by the University, b
would probably be interested in having a real verifica
surveys.
Mrs. Humphris recalled that she had read in the
majority of people were interested in obtaining aminc
wording later changed in the same article to read that
were willing to have the local government help finance
the ongoing use of pub-
Zing costs. At this
~e undertaken or efforts
majority of people are
.n having the local
~ndled with a meals tax,
~led. She went on to
h would indicate that
~ue baseball. She said
here is a possibility of
~cause the survey group
zion of their telephone
lewSpaper that a
league team, but the
a substantial portion
it. She does not
understand if there is a majority of people interested in this matter, or is
it less than that She emphasized that this wording i~ very unclear. She
went on to say thlt the newspaper indicated the people were willing to have
the local government help finance minor league basebal , but she wondered how
much money did they have in mind.
Mr. Martin commented that he thinks the group of people who have gotten
this issue started will have to get something going in conjunction with the
University, using Yale as a model, or they will have t be the ones to
generate overwhelming public support. He said then th public will have to
come to this Board and demand that their tax dollars b used for this purpose.
Mrs. Thomas noted that the public could request that n w tax dollars be
created. Mr. Martin agreed. He said, though, that th Board is not in a
position to take leadership with this issue.
Mr. Bowerman said he has not discussed what he i
anyone who is a part of the group requesting minor lea
wondered if this group could do the project privately,
to have Industrial Development bonds issued. The Supe
have to vote on this. A proposal might possibly be ma
some sort of a tax, such as an attendance tax or a per
sion sales, that would go to these bonds. He wondered
financing this Board would consider. There would not
involved, but it is a public guarantee on the bonds, w
through private sources. This has been done for other
tions which wanted to have bonds issued, and they want
underwrite them, in terms of the guarantee. He has he
it will not use public dollars. Mrs. Humphris pointed
does not have enabling legislation for an attendance t~x. Mr. Bowerman asked
that the Board discuss the IDA issue first. He asked [f the Supervisors
consider this as public financing.
Mr. Martin responded that he would be willing to entertain this method,
as long as there is overwhelming public support, and not just a telephone
survey involved. He would be willing to support the IDA method, if there were
public hearings where there was clear, convincing and overwhelming public
support. Mr. Bowerman said if IDA funds were involved, there would have to be
public hearings. Mr. Marshall said there is no way the IDA can be involved,
unless there is a feasibility study. He said the survey group does not have
such a study.
about to say with
ue baseball. He then
and ask for permission
~visors would obviously
~e which would include
~entage of the conces-
if this is the type of
oe public dollars
hich would be raised
for profit organiza-
~d the County to
~rd this Board say that
out that the County
April 5, 1995 (Regular Day Meeting)
(Page 31)
Mrs. Humphris asked what would be the source of
bonds. Mr. Bowerman replied that the source of repaym
come from the attendance at the stadium, with probably
by the investment company. He pointed out, though, th
would be responsible. Mr. Marshall noted that usually
County is responsible, but it is unlikely the County w
money back. Mr. Bowerman said as he understands, it i
field Group's project, unless a plan can be devised th
and is supported by the public. He said there also ha
finance the project.
Mr. Davis commented that he suspects the IDA fin
similar to his explanation of the jail situation, to t
financing, the IDA would own the property. There woul
of a lease purchase agreement that would guarantee a r
the bonds. If the stadium was an asset, that would be
repay the bonds. He noted that the difficulty would b
payment to the IDA, which would either have to be done
to sell the bonds, or by some guaranteed revenue flow.
sale of tickets is a speculative revenue flow, because
uncertain, and it is not known if the ball club will b
emphasized that there would have to be a lot of work d
ture the project.
'Mr. Marshall remarked that it is important to pr.
the concessions because most of such ball parks make a
Davis agreed.
Mr. Tucker commented that most of the potential
have been contacted are not interested in building and
Someone is going to have to own the stadium because fr.
only interested in leasing it.
Mrs. Humphris said if there is money to be made,
want to make it. She said obviously this group fears
with this stadium,, so they want taxpayers to pay for
that this is a fair deal for the taxpayers.
Mrs. Thomas said that she would not rule out the
IDA money was being used, but she cannot quite see how
She would not personally say this is public money that
putting into such a project.
Mr. Bowerman explained that the Centerfield Grow
asking what needs to be done so that a ball club can
the answer is that they have to do it all. Mrs. Humph
Bowerman said the information Mr. Tucker has brought t~
generally is public involvement in all of the stadiums
or another. If this Board is saying that it will not i
thinks it is fair to say that this project probably
Mr. Martin mentioned that the group could work w
because it is his understanding the University is lack
field. Mr. Bowerman concurred.
Mr Tucker said this group has had discussions w
there was nothing of any significance going on in term
added, however, that this is where the people with who'
talked, have been directed.
Mr. Marshall pointed out a difference between Ail
other localities which have participated in such a bas
all the other localities are certified business locati
not fit that mold. Mrs. Thomas concurred that she had
the information.
Mr. Perkins suggested the matter be tabled. He
have too much going on now to consider it.
Mr. Bowerman said the group could bring apropos
will be considered. Mr. Martin said it will be consid
overwhelming numbers of people are in support of the p
said another alternative would be if the Group could b
10,000 names in support of putting a meals tax on the
of which will be used to fund the stadium.
It was the consensus of the Board that staff shc
time, unless someone comes in with a plan to build a s
by the public and a mechanism for financing same.
Agenda Item No. 18. Discussion: High School Bo
Mr. Tucker said at the request of the Chairman a
meeting, the following information presents the option
in holding a special bond referendum for the new high
000292
:he revenue to repay the
~nt of the bonds would
a secondary guarantee
~t ultimately the County
with IDA bonds the
)uld have to put the
~ basically the Center-
~t builds the stadiUm,
to be a mechanism to
ncing scheme would be
Ne extent that with IDA
~ have to be some form
~venue stream to repay
the equity that would
guaranteeing the lease
by the County, in order
He went on to say the
the attendance is
a success. He
)ne in order to struc-
)ject the income from
lot of money. Mr.
~ranchise people who
owning the stadium.
~nchise companies are
the private sector will
~hat money won't be made
Lt. She does not think
project, just because
this could be done.
she would not think of
? representatives are
)cate here. He thinks
lis asked why not. Mr.
) this Board shows there
that exist in one form
)articipate, then he
{'t happen here.
[th the University,
Lng in a good baseball
.th the University, but
of negotiations. He
the County staff has
emarle County and the
~ball program. He said
)ns, and Albemarle does
the same reaction to
~aid the Supervisors
~1 to this Board, and it
~red by this Board if
~oject. Mr. Bowerman
wing in a petition with
ballot, and the proceeds
Lld end efforts at this
5adium that is supported
id Referendum.
the March 20 Board
and impacts involved
chool.
April 5, 1995 (Regular Day Meeting)
(Page 32)
Should the Board decide to hold a special elect~
for the new high school, there are five basic issues a
Impact of delaying plans to build the new
Referendum passes:
Potential loss of school site since
the land will expire in four months.
bo
Delayed construction of the high sch
sultin9 in the school openin9 pushed
1999. State Code stipulates a windo
between the time the Court orders th
the date the election is actually he
requisite time to obtain an Attorney
the legality of Albemarle's referend
even if the Court were to order the
1, the election could not be held un
earliest. Since State Code also stiP
election can not be held within 60 d
tion, which eliminates the months of
the only time other than November to
would be August, not a particularly .
participation. The cost to the Count'
special election would be approximat
The other option is to hold a specia
referendum at the same time as the g
November 7th. Since the County is
of bidding for an architect, with pl
construction in late 1995 and award
1996, pushing the planning and desigl
after a November referendum, will al
tract award and the actual construct
this delay, the high school would no
the fall of 1999.
Co
Split billing revenues deferred unti
96/97). To be prepared for the firs
split billing process, additional st.
real estate, must begin July 1 in or.
assessment and tax data for a May ma
November to begin the process does n.
to be prepared by the May deadline,
billing revenues could not be collec
1997. To proceed with the split bil
not utilize it, would incur approxim
unnecessary personnel costs of appro~
tionally, computerization of the col
split billing has already begun and~
mately 400 to 500 working hours. At
$8,500 ($17/hr x 500 hrs) to rewrite
billing revenues are not going to be
school, the computerization work sho'
redirected back to other needed Coun
.Impact of Bond Referendum passing - fundin.
with VPSA bonds and no split billinG:
a. Debt service payment goes over ten p
County voters approve the bond refer
00029.3
in for a bond referendum
5d impacts to consider:
~iqh school until a Bond
Zhe oPtion to purchase
~ol by six months re-
out to the fall of
~ of at least 90 days
~ special election and
Id, which includes the
General's opinion on
~m process. Therefore,
special election by May
zil August 1 at the
llates that a special
~ys of a general elec-
September and October,
hold a special election
ood month for voter
of holding a separate
ly $12,000 to $15,000.
[ election for a bond
~neral election on
~lready in the process
~ns to go out to bid for
contract in May of
phases back until
o push back the con-
[on by six months. With
- be able to open until
Spring of 1997 (FY
June collection in the
ff, particularly in
~er to start processing
[ling. To wait until
)t allow sufficient time
~nd therefore, split
zed until the spring of
ling process and then
~tely six months of
<imately $47,000. Addi-
[ections process for
~ill require approxi-
a cost of approximately
the system, if split
used for the high
~ld be stopped and
zy projects.
all high schOol costs
~rcent ceiling. If
~ndum and the total
costs of the high school are put under VPSA bonds at seven
percent, the annual debt service costs will go above the ten
percent ceiling set out in the financial management policies
for three years: 1998 at 10.6 percent, 1999 at 11.2 percent,
and 2000 at 10.9 percent. However, 2he greatest impact will
be the increase in actual dollars fo debt service of ap-
proximately $3.9 million over a thre year period or an
additional $1.3 million increase in iscal years 1997/98,
1998/99 and 1999/2000.
Borrowing total amount more costly t
VPSA bonds for the total high school
a combination of split billing and
County an additional $11.0 million
the bond.
the County. Utilizing
rather than using
bonds would cost the
the 20-year life of
Impact of the Bond Referendum
high school costs with General Obli¢
or all of the
Preparing for General Obligation
of the high school by one year. To
market with General Obligation bonds
bonds would require approximately si
preparation time, three months to is
with a financial advisor and approxi
them to put together the needed info
would delay opening
to the open bond
rather than using VPSA
to nine months of
an RFP and contract
six months for
for the bond
prospectus. If this process did not begin until after a
November referendum, bond proceeds not be available in
April 5, 1995 (Regular Day Meeting)
(Page 33)
time for the design and engineering and, again, the
actual construction and occupancy of the high school would
be delayed a year. The County could Llso incur up-front
costs of approximately $50,000 to $6],000 to hire a finan-
cial advisor, print a prospectus, registration fees,
etc., although these initial costs c be offset by a
lower interest rate than those offered on the VPSA bonds.
b. Funding total costs of high school with General Obligation
bonds and no split billing revenues debt service level
above ten percent. If the County ~ided to use General
Obligation bonds for the total cost the high school and
not use split billing revenues, the increase in debt service
would be only slightly lower than th increases cited above
when borrowing the total amount with bonds. Debt ser-
vice levels would still move beyond ;he ten percent ceiling.
The savings on potentially lower int~rest"rates for General
Obligation bonds could again be offset by the initial up-
front costs, as well as ongoing loan maintenance and arbi-
trage fees.
Impact of Bond Referendum not school will not be
built: The consequence of not building a ;hird high school will
be that projected enrollments at both and Western
Albemarle will continue to exceed
¸5.
Impact of Bond Referendum not school built: If
plans to build the new high school proceed despite failure of a
bond referendum, Albemarle County voters will not only question
the purpose of the referendum, but will question the County's
decision to go against the expressed wishe of the voters, even if
other sources of revenue are available.
Mr. Perkins commented that the Board of Supervis. rs talked about the
high school bond referendum approximately four or five years ago, and it was a
different Board. Some of the members, at that time, el an opinion that
they felt as though once the point is reached where a high school is going
to be built, then it should be a referendum item. He ~elt that now was the
time, but he has been told it is really too late. He ~ccepts this, but he
does not think that the process needs to stop. He thi this Board can still
acquire the land that is needed and keep the process g. 0ing. He also thinks
any time that the County spends this much money, not ~cessarily just for the
high school, but for all of the other school funding i;ems, such as $35.0
million over the next three or four years, he would fe~l better if the voters
in the County had an opportunity to express their opinion.
Mrs. Thomas commented that she was glad Mr. Perk[ns asked the question,
and the Supervisors got the informational memo. She pointed out that there is
a lot of good information in the memo, and it shows it can be done. She
was going to hold on to the memo, because the Supervis may be asked this
question.
There was no further discussion.
Agenda Item No. 19. Request for Resolution of Ii,tent to advertise for
public hearing to amend and reordain Chapter 9, Fire P Code of
Albemarle.
Mr. Tucker said some additional information has i brought to his
attention since the Supervisors received the informati on the Resolution of
Intent to advertise for a public hearing relating to and reordaining
Chapter 9, Fire Protection, of the Code of Albemarle. There are some other
areas of the Ordinance in which the staff needs to do work. He then
asked that the Supervisors consider only amending Sect[on 9-19, which deals
with the sale and discharge of fireworks. He would li to move forward on
Section 9-19 because it is going to have an impact on 4, etc. Unless
this Board has some objections, he would ask that this Resolution of Intent
only address those areas dealing with the fireworks section. The staff will
bring back the additional ordinance amendments at a la;er time.
Mrs. Thomas mentioned that she has a constituent who is very interested
in this matter. She asked when the public hearing wil be held. Mr. Tucker
suggested May 3, 1995, at approximately 10:00 a.m.
Mrs. Humphris commented that when She was readin
she had a hard time distinguishing between refuse, was
different sections. Mr. Davis said the ordinance
it in a format that will be acceptable, and there
terminology and clarity. Another issue involving the
open burning provisions which are different from the s
stated that these will have to be approved by the Air
through the Ordinance,
and brush in the
a lot of work to get
to be some focus on
rdinance relates to the
regulations. He
Control Board
before the Ordinance can be adopted. These provisions need to be put in a
fashion that is acceptable to this Board so that this )royal can be re-
ceived. He said this complicates the time schedule.
Mr. Bowerman wondered if the staff has the autho
burning, such as Nelson County has done, without the p
Tucker responded that the Director of Inspections and
to ban brush
of this Board.
Fire Prevention
Mr.
April 5, 1995 (Regular Day Meeting)
(Page 34)
Officer can do so, if it is a potential safety hazard
that the County has had nuisance burning problems, par
area. Mr. Davis noted that this is under the authorit
that have been promulgated by the State Air Pollution
regulate open burning. He said if there is not a loca
regulations specifically relate to open burning. Mr. i
open fires can be banned in Albemarle County, if there
situation. Mr. Tucker replied affirmatively.
Motion was then offered by Mr. Martin, seconded
public hearing on Section 9-19 for May 3, 1995. Roll
motion carried by the following recorded vote:
AYES:
NAYS:
BOARD.
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowe~
Mr. Marshall.
None.
Agenda Item No. 20. Other Matters not Listed on
Mr. Tucker noted that the public hearing on the i
Room 7 tonight instead of the Auditorium since a large
Mr. Tucker noted that the numbering of rooms in
Building is about completed. He also noted that all o
have been given a name; names of County parks were use.
Mr. Tucker handed out a Fact Sheet concerning th
said April 26 has been suggested as a date for a joint
School Board on selection of a site. Mr. Marshall and
would be out of town on that date. Mrs. Humphris sugg
a Monday night.
Agenda Item No. 21. Recess. At 1:05 p.m., the
time for the next agenda item.
Agenda Item No. 21. 7:00 P.M. - Reconvene in Rc
At 7:00 p.m., Mr. Perkins called the meeting bacl
members were present.
Not Docketed: Other Matters Not Listed on the ~
No one came forward to speak. (Mr. Perkins expec
but Mr. Davis informed him that the person was going t.
on a future agenda.)
Mr. Tucker said the staff had the information th.
to present. He would ask Mr. Davis if he would examin
or not there is any legal authority to solve that prob
Mr. Perkins asked if the letter has been shared'
members. Mr. Tucker responded, "no." He said the let
today, and copies would be made available for the othe
Thomas informed Mr. Tucker that the Board had received
tonight. Mrs. Humphris asked to what letter was ever~
Perkins answered that it is a letter relating to Predd
Agenda Item No. 22. Public Hearing: FY 1995-96
(Advertised in the Daily Progress on March 26, 1995.)
Mr. Tucker presented the FY 1995-96 budget.
revenues of $110,763,130. Local property taxes encomp
the revenues; state revenues at 26 percent; local revel
self-sustaining funds at 5.3 percent, which are primar
budget; and federal revenues are at .7 percent. He no
provides some additional revenues and expenditures fro'
that this Board has which was utilized in various area
said that total expenditures in the same amount as the
General Government encompassing 24 percent of the expel
System amounting to 62.9 percent; and Debt Service at
that all of the Debt Service pertains to school relate
a 70 percent total amount of the entire budget.
00.029S
nuisance. He noted
zicularly in the urban
of the regulations
~ontrol Board which
ordinance, these
Bowerman asked again if
is an emergency
Dy Mrs. Thomas, to set a
~as called, and the
nan, Mrs. Humphris and
the Agenda from the
)Udget will be held in
crowd is not expected.
~he County Office
the conference rooms
for this purpose.
new high school. He
public hearing with the
Mr. Bowerman said they
~sted the hearing be on
~oard recessed until
#7.
to Order. All Board
enda from the Public.
ed someone to speak,
call and ask to be put
t this person was going
~ it in terms of whether
[em.
~ith the other Board
~er was just received
? Board members. Mrs.
copies of the letter
body referring. Mr.
"s Creek.
County Budget.
)ointed out total
~ssed 47.3 percent of
lues at 20.4 percent;
[ly in the school
zed that this budget
the carry-over reserve
of the budget. He
revenues balanced, with
5ditures; the School
.2 percent. He noted
facilities for almost
Mr. Tucker said the capital programs amount to 2 1 percent, and Revenue
Sharing with the City is at 4.6 percent. He pointed oat that the school
operations total $69.7 million, and a little over $263,000 was added from this
Board's reserve fund to that budget. This does not innlude split billing, and
he reminded the Board members this is planned to be used to cover the majority
of costs for the new high school. He said it is not cDnsidered to be a part
April 5, 1995 (Regular Day Meeting)
(Page 35)
of this budget. If this can be implemented next year,
a separate item under the capital projects and debt se
Mr. Tucker commented on the capital improvement i
did not change from the March 8, 1995 meeting. This b
additional $940,000 to the CIP over the current fiscal
total transfer increase from $1.36 million to $2.3 mil
the County's goal of three percent of the general fund
projects. He told the Board that the revenue sharing
change from the budget that he had previously brought
it encompasses 4.6 percent of the total budget, and it
$574,871. He said after the Board's review of various
month, the total Board reserve, as a discretionary fun
in this year's budget, amounts to $27,373. He stated
capital projects reserve fund has been maintained at $
used in the future for the new high school,~as well aS~
At this time, Mr. Perkins opened the public hear
County Budget.
Mr. Gary Cuccia, representing the Crozet Element
concerns which he wanted to bring to the Board's atten
recent approval of an additional 200 to 300 homes in
Subdivision. He said the Board's responsibility as Co'
requires more than just voting aye or nay on issues.
are to ensure that any proposal brought before them sp
ly addresses all entities which will be directly or in
approval. He has not seen a contingency plan to addre
of the new students that this development will bring
system. These children in the County, will be negativ
funding for growth continues to drain the regular oper
needs to be designated specifically for growth, and to
will cost the County taxpayers in the future. Secondt
people in the Crozet area wish to place their support
budget. They are confident the Superintendent will ut
with utmost ethicalness. He requested from the School
tional money be earmarked for special education as fir
Mr. John Carter stated that the budget is usuall'
$110.0 million budget, but in terms of taxpayers' view
million. He said $15.0 million of the windfall split
spent on the new high school. He then pointed out ths
over $1,700 for every resident in this County, and the
He said it is a difficult task to undertake a reductiol
this time, so he would like to make some suggestions a
spend the money. He would like for the Supervisors to
some precise language to guarantee that all of the spl
be set aside for the construction costs of the new higl
have been told that this is the sole reason for the sp
no problem in doing this. He is referring to all of tl
billing, and $15.0 million is not all of it. All of i
estimated real estate taxes, so it should be approxima
$17.0 million.
Mr. Carter suggested the Supervisors guarantee t
from the proposed budget will be added to the split bi
spent for the same purpose. This suggestion follows tl
County to avoid long term debt. He pointed out two th
Page 230 of the County's proposed budget. The revenue
windfall are underestimated. The problem is that the
spend the windfall in FY 1996-97, and less than one-ha
funding is in that year. Next year when the major pot
the high school comes into play, which is over $12.0 m
money is gone to other school projects, and the County
$15.0 million. Mr. Carter suggested it might be a goo
of the surplus going toward reducing the long term deb
years, the County is proposing to borrow $30.0 million
addition to the $15.0 million windfall. He feels that
in the budget the guarantee that this is where the sur
revenues will go, which is toward the new high school.'
Mr. Walter Johnson commented that this is anothe
growth in County taxes. He congratulated the County E
deserving, for the brief, direct and accurate format t
notice of this meeting. This is a big step forward in
in terms they can understand, as to what is being planl
year where it appears the expenditures are being tailo
and he suggested a qualitative, if not quantitative, j
terms that can be understood by the public to be made
to the public so that the citizens will know why thing
is not implying there is not reason, because there is
etc. One thing he would like to see, just as an expla
employees of the County by year for the last five year
tants, prorated as appropriate to see just what is hap
the County. Only the Supervisors, who are the elected
insight over the complete budget, and only they are in
complete evaluation. In most, if not all of the publi
sors receive comments only from special interest group
000296
it will be included as
~vice in the future.
oudget, which he said
~dget provided an
year, and there is a
lion, which still meets
used for the capital
~or the City did not
zo them. He noted that
increases this year by
needs over the last
~ that will be remaining
zhat a debt service
~50,000, which can be
the~'j~il expansion.
~ng on the FY 1995-96
Lry School PTO, had two
zion. The first is the
he Highlands West
lnty Supervisors
Fheir responsibilities
~cifically and decisive-
~irectly impacted by the
~s the education needs
) the Albemarle school
~ly impacted as long as
~ting budget. Money
reflect this reality
g, Mr. Cuccia said the
[or the proposed school
[lize these resources
Board that any addi-
ct priority.
, referred to as a
~oint, it is $125.0
~illing tax will be
~ this budget represents
~e is no end in sight.
in expenditures at
to how and where to
include in the budget
it billing windfall will
h school. The citizens
[it billing, so he sees
~e money from the split
~ would be half of the
zely $16.5 million to
hat any surplus arising
Lling windfall and be
he broad goals of the
[ngs which appear on
~ to be derived from the
]ounty is proposing to
If of the high school
zion of the funding for
[llion, the windfall
proposes to borrow
idea to think in terms
Over the next five
and that is in
it might be wise to put
)lus and the windfall
~ year of increased
:ecutive and he is
5at appeared in the
letting the public know
bed. This is another
ced to match revenues,
~stification in general
available and published
~ keep increasing. He
inflation and growth,
lation, is the number of
~, including consul-
)ening to employment in
representatives, have
a position to make a
hearings, the Supervi-
supporting their
April 5, 1995 (Regular Day Meeting)
(Page 36)
special projects and very seldom does a person have th
come before the Board with a general evaluation of the
000297
~ time and ability to
budget. These special
interests may or may not be reflective of all of the CDunty citizens.
Mr. Johnson recommended that next year the Supervisors start with a zero
based budget, and that one of the Supervisors be prese:2t during the evalua-
tions and justifications of all requests for funding. The review accomplished
at work sessions and meetings is not nearly as effective as involvement during
the preparation of the document. During that preparation, initiatives for
improved operations can be brought forth and given a f~ir hearing and evaluat-
ed. This process would be similar to that initiated t~o years ago for the
preparation of the Capital Improvement Plan. He has a feeling that more time
is spent by elected and appointed County officials on zhe CIP than on this
total budget, however, the CIP is less than three percent of the budget.
There is a $15.0 million one time windfall anticipated, and in the published
budget, it is shown under estimated expenditures. It ~s stated in the
narrative that it is designed for the new high school. He emphasized that
this is evidence of extreme fiscal responsibility, and he commended the
Supervisors for it.
Mr. Johnson mentioned that everybody is familia: with the federal
Social Security System that is officially funded throu.[h a trust fund without
restrictions. As a result this system has no funds, aLd there is no money in
the Social Security Trust Fund right now. He stated t~at there are IOU's, but
no money. When the time comes that the receipts will :lot support the outgoing
funds, the IOU's will have to be paid off. He asked wi~at will be the source,
and he answered that it will be another tax. He noted that eventually Social
Security will be paid for twice, but once it was used ~o support general
government. The President pledged last year to establish a trust fund in
which he hoped to take all of the budget reductions an~ use them to reduce the
national debt. He inquired if anybody had heard about this trust fund lately.
If it existed, everybody would surely have heard about it.
Mr. Johnson mentioned that the State Lottery was promoted with the
understanding that profits would go to capital construction of jails. He said
this was omitted from enabling legislation, and it is how being discussed. He
recommends a binding commitment to be documented that: (a) within 20 working
days after tax payments are due that interest paying blind trusts be estab-
lished with $15,000,000; (b) a bank be established as ~ trustee; and (c) the
principal and interest can only be used as required to support a contract for
building a new high school.
Mr. Johnson said investing in federal bills or n.)tes at this time could
result in an interest rate of approximately six percent, and a year from now,
there would be $15.0 million plus another $1.0 million. He said this money
would also be secure from any inadvertent rating accou:%ts.
Mr. Bob Cross spoke regarding the topic of an ad.~itional member for the
County Attorney's staff. He feels the money should be spent, and someone with
a legal background should be acquired by the County. i~e does not feel this
position should be added to the County Attorney's staf. He remarked that
this represents a conventional wisdom. This is a worl that is growing in
terms of lawsuits, and more complex issues are being d alt with, as well as a
variety of things. He suggested to the Board to revie'~ adding an ombudsman to
the County, and the purpose would be to prevent proble'ns and lawsuits, and
deal with prevention as opposed to reacting to problem~. He admitted he has a
rather narrow perspective, but he is aware of at least three lawsuits which
should not have occurred. He cannot help but feel tha: this is a very
pertinent issue. He commented that the attorneys are ~oing a good job, but he
suggested they are being paid to do the wrong thing.
Mr. Cross said this is not a unique position in zhis country, and a
number of countries have implemented this position, suggested that before
handling this problem conventionally, an alternative b explored. He asked
how many lawsuits has this County lost or could have p evented over the last
few years. He suggested the Supervisors think about ti~eir constituents. He
asked that they think in terms of how many of their coi~stituents have the
financial wisdom to bring this up as a legal issue. H~ asked the Board to
give the matter an honest exploration as a way to cut zhe cost of government,
and as a way to end up with citizens who feel that the' are more represented.
Ms. Sonja Smith, a County resident, and Secretar of the Board of
Directors for the Shelter for Help in Emergency, was ]ined by another Board
member, Abraham Secrist who will not be speaking, but ~hares her remarks. She
has served on the SHE Board for almost three years, so she knows that first
she needs thank the Board. She stated that because of the Board members, the
Shelter has been able to serve many County women and csildren who have been
fleeing from domestic violence. The Board's actions o~er the years have made
possible a tremendous difference in many lives. She knows that these are
times when the Board is faced with many needs and prio
revenue. She asked the Board to consider the Shelter'
for FY 1995-96.
Mr. Duane Carr informed the Board that he is Vic
Albemarle Law Enforcement Association, which represent
Officers of the Police Department. The Association ap
Board has done for its members in the past. Me knows
hard job, because they have both employees and taxpaye
~ities and limited
request for funding
President of the
the Sergeants and
reciates all that this
~he Supervisors have a
~s to satisfy. He is
April 5, 1995 (Regular Day Meeting)
(Page 37)
asking for a fair wage for a fair days work in today'
Association had a real estate study done by the Univer
showed that Albemarle County was 33 percent behind in
real estate market when compared to compatible countie
departments in the Commonwealth. This study has been
in hopes that this situation can be resolved.
Mr. Cart said education takes a major share of
it is very important; however, for the children to hay
their classrooms and at home, they need dedicated and
officers. He pointed out that a recent national surve
student out of ten admitted to carrying a weapon to sc
that Albemarle County has reached that point, but he n
Department has a high turnover rate in officers. Afte
have some experience, they move on to other department
more money and have a lower cost of living index. The
000298
s economic times. The
lity of Virginia which
purchasing power in the
s with other police
presented to the County
Le County's budget, and
a sense of security in
professional police
~ showed that one
5ool. It is not felt
Dted that the Police
they are trained and
where they can make
first few years of
training are expensive, and by raising the scale for classified employees, the
County retains this experience, and it benefits the cisizens of Albemarle
County.
Mr. Cart noted that taxpayers have a right to an efficient handling of
public monies, and they also have a right to service f)r those monies. The
problem begins when the taxpayers want more service th~n the money spent will
buy in today's economy. He asked the Board to consider his remarks in the
budget process for the Albemarle County Police Departmsnt.
Mr. Joe Teague, Jr., a resident of Albemarle Cou
speak on behalf of the request by the Thomas Jefferson
This request relates to the capital expenditure for th
Center on the north side of Charlottesville that will
ly of Albemarle County, as well as the surrounding are
this meeting approximately 50 petitions which have bee
as well as supporters of the Center. The reason he su'
that he has a grandmother who is 80 years old and parei
years old. He is 33 and has a baby six-weeks old. He
address a need that cuts across social and economic
standard of living throughout this County. He said a 1
to have parents and grandparents who will grow old and
have some very traumatic care needs that will have
to have a productive career, and he mentioned that man'
going to have to provide for their families that they
they are in a business, have a profession or work for
are also going to have to focus on whether or not thei
in the future and whether grandparents now will have c
the improvement of the proposed center, it will addres
People can then focus on their career and not worry ab
parents or grandparents into an institution because th
He pointed out that the centers' representatives are a
they feel this is an investment that will pay many tim
for taxpayers, as well as address not only the economi
area, but also the quality of life.
Mr. Vernon Fischer, a County resident who lives n the Scottsville
District, said he would like to ask the Board a couple of things. He noted
that the County property taxes have increased again, akthough things have not
gotten better for a lot of the County citizens. Thing stay the same, yet
taxes continue to increase~ He asked what the citizen are supposed to do.
He wondered if it was possible to do a roll back tax. He would like to see
taxes as a referendum item on a ballot. Taxes are the very core of his
American experience as far as his right to pay taxes ai~d his right to decide
how much taxes he is going to pay. He built his home i~imself, and wonders if
he can keep it. He added that this is disturbing to him.
Mr. Fischer mentioned that service districts wer~ discussed several
years ago. In his part of the County there is no sewa. le or water service. If
a fire occurs, even though, Glenmore has a new fire de~artment, his house will
burn. If there is a disturbance or a problem where po'Lice protection is
concerned, the officers basically only make up a repot2. This is not protec-
tion. He realizes that budgets limit how much can be ~one, and he knows it is
a difficult time. A lot of the citizens would like to see their Supervisors
at town meetings in the individual districts, rather t~an having the citizens
coming to this meeting. This was done once, and a few people came, and he
thinks that if it was done more often, more people would come. It is hard to
come to this meeting, and everybody should do it because it is a civic
responsibility.
Mr. Fischer said he runs a small business, and i~ also a musician.
Musicians generally do not make much money, but he is ~lot complaining. He is
complaining about double taxation. He has to pay a business tax, and he has
to buy a business license. Last year he lost money ag
year before he made some. This year when he pays his
business personal property, it will really take a toll
saddened when the General Assembly decided not to pass
small businesses. Small businesses are the backbone o
owners keep getting put down. These are all of the is
raise. He thanked the Board for the work they do. Th
unappreciated. He knows it is a lot of work, and the
compensated a lot for it.
lty, was present to
Adult Day Care Center.
~ campaign to build a
serve residents primari-
· He has brought to
signed by both clients
ports the Center is
~ts who are not quite 60
feels the Center will
~es, and affects the
)t of people are going
gray, and are going to
De addressed. He hopes
~ of his friends are
~re now rearing, whether
~nother company. They
~ parents will have care
~re. He feels that with
~ economic liability.
put putting their
~y cannot care for them.
sking for $100,000, and
~s over in the future
liability in this
~in, but fortunately the
business tax on his
on him. He was
the bill relating to
[ this country, but the
sues that he is going to
~ir work does not go
Board does not get
April 5, 1995 (Regular Day Meeting)
(Page 38)
Ms. Mary Ann Dilbone, a single mother with five
here ten years ago. She has come to quite a few of th
has been thinking about the different meetings and how
agenda. Everybody wants police protection and quality
would like for everybody to look at the community as a
need to be educated, so they can take care of everybod
By educating the children they will be better policeme
want to see a tax cut, but she does want to find a way
continue to have a good educational system for the chi
when groups get together, it is assumed that they are
education. She is not only in favor of education, but
children, the circle is complete, and everything fits
that all of her five children are different. One chil
another child, and this is how she would like to see A
She would like to see communities and families help ea
problem. · ~
Ms. Dilbone said most importantly, if the child~
then they do not know what they need to do. It is dif
she got cheated. She did not get an education as a ch
back to school to get a high school education. When s
was told that a girl could always get married. This c
children any more. If a child wants to go into the ar'
it without an education. If the children are not educ
much more expensive. There will be more children in t
and take drugs, and young girls becoming mothers when
hopes a way can be found for everybody to work togethe
the newly married couples and the single mothers, who
fice. She suggested that perhaps there could be a mea
that she would only be able to go out once a month, in
weeks. She would be willing to sacrifice that for wha
return.
Ms. Connie Wenger, an Albemarle County resident,
hurriedly writing a speech, but Ms. Dilbone has spoken
more to the point than what she would have said. She
a meals tax. Ms. Wenger explained her rationale behin
by saying that she believes 99 percent of the County r
where the City line stops and the County line begins.
people never indicate that they are not going to a res
tax is charged. If there is a way to generate some ad
education and the police system can be supported, it m
meals tax.
Ms. Lisa Harman, a taxpayer and parent of an ele~
Albemarle County, said she has a special interest in tl
the Board for the proposed budget for the schools. Sh
seventy percent for the school system is a large part
but the money has to be spent in a responsible way. H
School Board budget meeting where the different depart'
monies they were requesting, she was impressed. She t
administrators were being very responsible, and she di
students were being shortchanged. This budget is frug
so.
Ms. Harman mentioned all the types of things she
officials addressing with the different types of child
special education, average learners, as well as trying
the at-risk student. She is happy to see that this fu~
from what was originally requested, which she felt was
feels the County citizens can pay now, or they can pay
rather see her tax money going to try to keep children
giving them the opportunity for success in life and be
member of the mainstream society, rather than paying f
not been afforded those opportunities and has chosen a
alternative. As a parent of a child who has only been
years, perhaps she is not the best judge of how the sc
but she could not be any more pleased. Having been an
teacher, she feels that her expectations are incredibl
talking about the teachers that her child currently ha
impressed with the principals, as well as the whole sc
she feels as though it is a very good school system.
the Board is supporting the school system financially.
differences that she sees in the school systems today
up in years past. First, she pointed out that when sh
teachers were considered experts on education, and the
She would like to see Albemarle County, as a community
more in that way in the future. She thinks education
much. So often in the last couple of years that she h
school, she heard school systems referred to as busine
growing up, this reference would have been obscene. S
one of the best investments this County can make for s
Supervisors for their support.
MS. Martha Harris, a resident of the White Hall
she is addressing the Board tonight as a concerned cit
County. She wanted to speak to the Board about the su
County employee compensation which was discussed at th
000299
:hildren, said she moved
~ County meetings. She
everybody has their own
education, etc. She
whole. The children
~ when they are grown.
· , etc. She does not
that the County can
Ldren. A lot of times
Dnly in favor of
by educating the
[n properly. She noted
~ may need help from
Lbemarle County operate.
~h other when there is a
~n are not educated,
~icult for her because
Lld, and she had to go
· e was growing up, she
~nnot be done with
ny today, he cannot do
~ted, the cost will be
he streets who will rob
2hey should not be. She
~, such as the elderly,
~re willing to sacri-
Ls tax, which might mean
~tead of every two
she would get in
noted that she was
more eloquently and
~upports the concept of
the meals tax concept
sidents do not know
She emphasized that
2aurant because a meals
~itional funds, so that
~kes sense to have a
nentary school child in
he budget. She thanked
said she realizes the
Df the County budget,
~ving attended the
nent heads justified the
5ought the school
not feel as though
~1, but not ruthlessly
sees the school
Fen, such as gifted,
to give more funding to
~ding has been increased
really inadequate. She
later. She would
in school and thereby
Lng a contributing
Dr a grown child who has
life of crime as an
in school for two
~ool system is working,
elementary school
high. She is not just
She has been
ool administration, and
~he is happy to see that
She mentioned two big
~nd when she was growing
was growing up,
had the last word.
, supporting teachers
~as been criticized too
~s had a child in
~ses. When she was
~e thinks education is
Dciety. She thanked the
District and a CPA, said
[zen of Albemarle
oject of Albemarle
~ir March 8 meeting.
April 5~ 1995 (Regular Day Meeting)
(Page 39)
Her research and analysis on the school employees, and
employees compensation has revealed some very disturbil
salary and merit bonus system is not in the best inter
particularly the County taxpayers.
Ms. Harris referred to a report which was provid
members, by Mr. Koonce, Chief of Financial Management.
the general government, classified and administrative
salaries and bonuses. She calculated from that report
employees' salary increase from 1993-1994 to 1994-95,
was 6.66 percent. The stated salary increase in last
percent. The average effective increase of 6.66 perc~
higher than the salaries reported to the taxpayers. T
higher increase was because of the merit pool bonus.
receive a cash bonus, based on his or her performance
but that same employee has the potential to vest a po~
cash amount in additional salary steps for the coming
continues to be paid year after year in the form of th
es. The vesting is calculated using a very complex fo
for everyone to understand, and she stated that it is'
than an across-the-board salary increase would be expe
The merit bonus system does not apply to teacher
apply to school administrators and classified employee
career ladder which provides additional compensation.
recently added three steps to the teachers' salary sca
substantial increases to many teachers. This seems ju
have served the County for many years, however, she be
employees' compensation system needs to be analyzed an
what is best for all concerned. She strongly urged th
outside source, i.e., a personnel consultant to perfor
evaluation. Ms. Harris mentioned that the 1,826 full-
and their compensation and benefits represent a large
There are so many issues which should be examined rela
teachers' salary in anticipation of the elimination of
is also critical to examine the current bonus vesting
range effects it will have on future budgets as person~
ty. Individuals with expertise in personnel compensat
bring new ideas and insight to compensation not curren
should be guided by instructions from the Board and an
directives. Such recommended changes should remove an
conflicts of interest. Although this will be an addit
budget, she is certain that it will be cost effective
realized in the compensation and benefits category. S
this to be derogatory to the Human Resources Departmen
organization, new ideas often open new avenues for imp
that monies held in reserve be used to execute her rec
Mr. Larry Miller commented that he would like to
billing windfall. He thinks the word, "windfall," is
ization, because it is really a tax increase. By movi
months, the taxpayers are losing interest on their mon
been saving to make their tax payments in December. T
equivalent to a fraction or three-quarters of a penny
understands the reason for this, which is to save the
$11.0 million in interest payments over the next twent
very good on the surface because it is a savings of apl
year. He does not think this plan has taken into cons
costs to the taxpayers. He has done some rough calcul
information he received from the County Assessor. He
approximately 31,000 real estate tax bills sent out th
approximately $31.0 million were collected. Some of t
000 00
general government
~g data. The cUrrent
~st of the County, and
~d to her and the Board
She has derived all of
~mployees' 1994 and 1995
that the average
lot including any bonus,
fears budget was 2.5
it was 164 percent
le reason for this
~ot only can an employee
~valuation each July 1,
zion over and above the
fears. Each bonus
~se salary step increas-
~mula which is difficult
~osting the County more
~ted to cost.
, although it does
Teachers have the
~he School Board
Le which will provide
~tified for teachers who
Lieves the County
~ evaluated to determine
Board to secure an
this analysis and
5ime County employees
~hare of the budget.
zing to revamping the
the career ladder. It
~ystem and what long
lel accumulate seniori-
[on management should
51y in place. This firm
~wer only to the Boards'
~ appearance of binds or
[onal expense in the
5hrough future savings
le does not mean for
5, but as in any
~ovement. She requested
)mmendation.
speak about the split
~ misleading character-
· g up the payment by six
~y that they would have
~is would probably be
rate increase. He
2ounty approximately
~ years. This sounds
~roximately $550,000 a
[deration all of the
~tions, based on
~nderstands there were
is past year, and
bills go to single
individuals, and his calculations make the assumption 5hat there are 20,000
individual taxpayers. This extra billing is going to extra postage
and check costs for each taxpayer, and multiplied by e taxpayer, he figures
it to be approximately $8,000. The lost interest each taxpayer will
suffer amounts to approximately $375,000 a year.
Mr. Miller next considered the taxpayers' time,
approximately fifteen minutes to deal with the mid-ye~
that the taxpayers' time is worth $20 an hour, it adds
County will have to hire three extra clerks. He is
paid, but he is assuming that benefits, etc., amount t
this amounts to $90,000. The County will have to pay
the additional mailing, which he estimates to be
If all of this is totaled, it amounts to over $600,000
the County as a whole, including taxpayers, are
there is something he has not considered, but it
bad deal. This plan will give the County a one-time
high school, but the taxpayers are going to be
from now until the end of time of making two payments
need any more inconvenience in his life, and he does
plans are to go ahead with this idea. If the idea is
for the Board to consider allowing those people who st
payment~ to pay mid-year and give them a discount on t
payment, based on a slightly less rate.
would take
tax bill. Assuming
to $100,000. The
~ure what a clerk is
$30,000 a clerk, so
and supplies for
y $30,000 a year.
It looks as though
$50,000 a year. Maybe
as though this is a
~ost to help pay for a
with the inconvenience
year. He does not
know how firm the
)roved, he would like
wish to pay a single
second half
April 5, 1995 (Regular Day Meeting)
(Page 40)
00030 .
No one else came forward to speak, so Mr. Martin stated that he would
like to ask Mr. Miller a question. He then referred t a scenario of Mr.
Miller's tax bill being $1,000, with Mr. Miller paying ;500 in June and $500
in December. He asked if Mr. Miller is indicating tha he would like a plan
where the entire amount could be paid in June, and he would be given a
discount of a certain amount as a result of paying it 11 in June, rather than
half in June and half in December. Mr. Miller answere affirmatively. If he
had a tax bill of $1,000, which he would pay in Decemb , he Would presumably
be saving his money throughout the year to pay this bill. If he is going to
have to pay $500 in mid-year, then this is $500 which' no longer be
earning interest, and at a five percent per year rate, this will mean that he
is going to lose $12.50. He would at least like to se an allowance which
would cover this loss, if taxpayers pay their full bil mid-year. He still
thinks this is a losing proposition for the County as whole, although he
understands that it works for County government. Ape sons time is important,
and their money is worth something, regardless of what people are doing with
it before they pay their taxes. Mr. Martin said he Mr. Millers'
comments.. He said it is an interesting concept. Mr. commented that
it ruins Christmas when there are December tax bills. He does not know if one
time is better than the other, but this is something t think about.
There were no further comments from the public, o at 7:59 p.m., Mr.
Perkins closed the public hearing.
Agenda Item No. 23. Public Hearing: 1995 Tax R Ltes.
the Daily Progress on March 26, 1995.)
(Advertised in
Mr. Perkins next opened the public hearing for m
would like to speak concerning the 1995 tax rate.
of the public who
No one came forward to speak, so Mr. Perkins
the Board.
the matter over to
Mrs. Thomas remarked that some people are asking why there were rate
increases even while the work sessions on the budget w~re being held, and she
noted that she kept a running tally of what was the increases. The
previous year, the staff had a chart which showed the of growth on the
expenditures, and she suggested that this might be a g thing to do in
future years. She put these increases under several c 'ories. She then
added a category, which related to whether or not the was meeting its
agreements, and this caused one of the County's expenditures to grow. The
main category relates to population growth, which obvi impacts everything
from the Library category to JAUNT to Attention and De homes. Little
things, such as the Circuit Court Judge not going to G County any more,
means that more expense has to be picked up by Albemarle County, because of
the growth in the cases.
Mrs. Thomas mentioned that there is growth in th~ Social Services' case
load, which is up 32 percent over last year in one of ~hese categories, and
ten percent in general relief cases. There are 230 mo students anticipated
in the school system, and an increase in the court cas loads led to a request
from the Commonwealth's Attorney. There is an increas for permits in the
Inspections Department, and there are the costs associ ted with the new high
school. Ail of these are growth related items. The szate's portion of the
budget has decreased. The state use to reimburse 35 p of the budget,
and now it will be reimbursing only 26 percent. Mrs. pointed out that
in one year, the states' portion decreased approximately three percent. The
county is not allowed to tax students' cars, which has affected the revenue
side of the budget. She said that ABC proceeds are the Cooperative
Exte]Lsion Agents' budget has been cut, and there have significant
decr~ases in the Health Department, which local funds not even begin to
repl~ce. There will be significant decreases in the Department
services that can be offered.
Mrs. Thomas said although the federal government only provides about one
perc(~nt of the County's budget, that monsy has also be decreasing rather
sign~.ficantly. She listed under the fedsral category increase of postage
cost~ which led to an approximately 13 percent increas ~.n one of the County
depa3;tments which does a lot of billing. These points to her own
personal analysis as to what was driving the costs in budget. The staff
has ~ report of what the staffing levels have been, as far as numbers are
conc~rned. She is sure that if anyone wanted this inf the staff
could get them a copy.
Mr. Martin mentioned that it was his understandi that all of the
requ(~st from SHE was funded except for $~,000 which wa~ due to a building SHE
had ~xpanded into for office use. The Board went back and approved more
fund~.ng for SHE's operating expenses, although they di not do the same thing
for ~.he capital expenses. Mr. Tucker explained that t County funded about
$900 less than SHE representatives were requesting. . Martin reiterated
that he thought the Board had funded the entire reques for SHE other than
some capital expenses. Mr. Tucker agreed. Mrs. Thoma said Ms. Smith did not
exactly say it, but she left the impression that the C had not met this
request.
Mrs. Humphris commented that it is always so
last budget hearing and not have recourse to all of
to be at the
input that is given.
April 5, 1995 (Regular Day Meeting)
(Page 41)
She did not get the first speakers last name, but he w
Elementary School who was upset about the Boards' appr
with no school expansions planned. She agrees wholehe
matter, and she thinks that the County land use change
capital plan so there is not always unexpected catch-u'.
Mrs. Humphris recalled that Mr. Walter Johnson h
start next year with a zero-based budget. This was tr
years that she was on the Board, and she remembers tha
was not a failure, because the budget worked out alrig
extremely difficult, and it did not create any better i
comfortable with the County's method of building the b
this budget is complete, the staff will begin working
The public hearings begin in October, and people have
ties to give input. She feels really good about the w
builds its budget, and the factual basis on which it i
staff does before it is ever brought to this Board. Si
Teague's request relating to the T. J. Health Care Cen
Supervisors dealt with this request at their meeting e
sure whether everyone knows by this time, what was don
She next agreed with Mr. Fischer, who spoke earlier, tl
ingo Growth costs money and increased expectations of
services they want supplied. It is a very difficult s
balance needs and wants with the money that should be
Mrs. Humphris added that she appreciated Ms. Dill
the value of education, as well as Ms. Dilbone's and M
the meals tax. She also agreed with Ms. Harman that i
educated now, everyone will pay later. She then refer
information on employees' compensation. She said the
Harris has provided, as well as her persistence in
valuable to this Board. She would like for Mr. Tucker
Mrs. Humphris then recalled that a gentleman had
ombudsman position and prevention in the County Attorn
Boards' discussions about the addition of another Coun
prevention was exactly what the request was all about.
County's ordinances are in order and everything is don
the type of prevention that Mr. Davis will be addressil
more in the future, with the addition of another persol
will never be enough revenues to meet the real needs tl
and certainly not all of the wants. The County offici
growth and inflation and increased demands for service
numbers of people. She wanted to genuinely commend th
way the process has evolved. Each budget is better ev
congratulated the staff and everyone who helps with th
Mr. Martin inquired if the Board would vote on tl
meeting. Mr. Tucker replied, "no"; there is a one-wee
a vote can be taken.
Mr. Marshall commented that $110.0 million is a
recalled the comments of the mother who had five child
been living in the County for ten years. He said that
real bargain, and he noted that it costs over $6,000 t
As a lifelong resident, he has been paying to educate
all of his adult life. He also sent quite a few child
school system, and he also feels that he, too, got a b
cials are doing all they can do to maintain quality ed
proud of the school system, and he is proud to support
Mr. Marshall indicated that he is concerned abou
being spent, because the County is now at 96 and 97 pe
of its property. Businessmen may argue this situation
tires, but some pieces of property are increasing in v
actually decreasing. He doesnot want Albemarle Count
same situation as Loudoun County, which had a 30 perce~
values. If Albemarle County experiences something suc
know what will happen, particularly as far as the scho
referred to Mr. Fischer's comments that the County cit
of money to live here. There are a lot of other peopl
County, but cannot afford to live here.
Mr. Marshall then stated that he is interested il
things. He agreed with Mr. Carter's and Mr. Johnson's
having the tax windfall monies put into a trust fund e
He thinks this money should actually stay there. He d
ever be borrowed for some other expenditure. He is al
Harris' suggestion relative to an outside source to re
sation. He realizes this has been done before, but he
revisit the issue. A_ny time employees set their own s
and he thinks taxpayers should also be worried.
Mr. Marshall next commented that he feels the Bo
residents as much as can be given to them for the mone
does not know what else can be done this year. He hop
fortunate enough to continue having the money availabl
he emphasized that he does not think this is going to
00030;2
ts from the Crozet
pval of Highlands West
~rtedly with him on this
~ should parallel the
~d suggested the County
[ed one of the first
z it was a failure. It
mt, but it proved to be
product. She feels very
~dget. From the time
pn next year's budget.
~ number of opPortuni-
ty Albemarle County
~ built> given what the
me then mentioned Mr.
;er. She said the
~rlier today. She is
~ about this request.
hat things keep increas-
taxpayers, such as
[tuation to try to
~pent on such things.
pone's comments about
· Wenger's thoughts on
the children are not
ed to Ms. Harris'
information that Ms.
mg so, has been very
to address this matter.
spoken about an
~y's office. In the
;y Attorney position,
In making sure the
~ by the book, that is
~g with this Board a lot
~ to his staff. There
hat are in this County,
~ls are dealing with
from increasing
staff in seeing the
ry year, and she
budget.
e budget at tonight's
waiting period before
ot of money. He
wen who said she had
Albemarle County is a
P educate a child here.
nhildren in this County
wen through the County
~rgain. County offi-
lcation, and he is very
it.
; how much money is
~cent of assessed value
from different perspec-
slue, and others are
~ to find itself in the
5t decrease in assessed
m as that, he does not
pis are concerned. He
[zens are paying a lot
who work in this
doing a couple of
comments relative to
~rmarked for the school.
Des not think it should
Do in favor of Ms.
~iew employees' compen-
thinks it is time to
~lary it worries him,
trd has given the County
F that is available. He
~s the County is
B that it has now, but
happen.
April 5, 1995 (Regular Day Meeting)
(Page 42)
Mr. Perkins stated that he appreciates the publi
this public hearing, but the others that have been hel
public hearing that Albemarle County has had on the bu
only requires that one be held. He thinks the County
get public input. It has been a long process, and he
his staff have done an excellent job. He would have k
the budget in the beginning. The supervisors have add
budget, and he is as guilty as the other Supervisors.
the Supervisors have to consider very carefully, and h
of 46 percent related to growth and inflation. He ask
percentage pertained to five or ten years. Mr. Tucker
not recall for certain, but he thinks the percentage r
Mr. Perkins next talked about the total expendit
comes from the Audit Report and does not include 1994-
for the last ten years, .have increased 225 percent. Ti
a budget in 1985-86 of $52.0 million to a proposed bud
$110.7 million. If these figures were projected to th
would amount to $153.0 million. There is a lot more t
inflation or growth in the County.
Mr. Perkins then pointed out that the property il
valued much higher than property in surrounding counti
the County can keep its tax rates low. A person could
Staunton, Augusta County or other places, and buy a ho
Albemarle County that same house would probably be $15
thinks the County officials have to continue to look a
perform the functions that the County has to provide.
continue to do business as usual.
Mr. Perkins also stated that the compensation th
is the County's biggest cost, and he thinks this is wh
be directed. He does not think positions will be cut
County, but ways can be examined relating to limiting
the County has to have. He referred to Ms. Harris' su,
employees' compensation, and he agreed that this Board
hiring an outside consultant to study the County's cow
emphasized that the consultant should answer to this Bi
other supervisors voice the same opinion tonight.
Mr. Bowerman commented that he did not want to t
cations for what the Board is doing. He thinks this i
as a person can get because the public can come and se
made by the people who make them every week. The Supe
they have responsibilities to not only provide service
that are extracted from taxpayers as low as possible il
services. The Supervisors must recognize that as a so
obligation to the children to educate them and to prov
citizens. He does not believe there are any frills in
Mr. Bowerman said he does not think there has be
areas where skimping should not have been done, such a
enforcement. It is a balancing act, and it is not an
the Board every year. The Board pays taxes on the sam
else. The budget is approached every year with the sp
the job done for as little money as possible. He thin
a good budget, and he has no problem whatsoever with M
that the windfall be set aside and it should be one-ha
real estate appraisal. Figures relating to this issue
available. Since these funds will be outside of the r
there is no reason why they cannot be put into an inte
earn some money, assuming that there will be a time fr
will be spent.
Mr. Bowerman said he appreciates the fact that tl
speaks to the issues they consider important. He feel
of the same process. He said all of the Supervisors a
accountable to the County citizens. The Supervisors t
basis when they meet to do the best that they can do.
not be able to please everybody all the time, and they
please everybody some of the time. It is not for lack
lack of recognizing that constituent have opinions and
pressed to the Supervisors that they always hear, but
able to satisfy.
Mr. Perkins asked if the Supervisors need to tak
set the tax rate. Mr. Tucker replied, "no." The Boar
the tax rate at the same time that the budget is adopt
speak to a couple of the things that have been mention
added that the windfall can be put into a separate, in
The supervisors will be the only ones who can remove t
uses, if they so choose. He also would be happy to pu
if that would be more appropriate from the Supervisors
suggested to Mr. Carter some time ago that he hoped to
security to add to that money. It has been his own in
there was any carryover so the County officials will n
borrow and have a higher debt service than the County
to Ms. Harris' suggestion about a consultant, he has t
000303
coming not only to
This is the third
get, although state law
joes overboard to try to
zhinks Mr. Tucker and
~en willing to accept
~d some money to the
The budget is something
~ mentioned the figure
~d Mr. Tucker if this
responded that he does
~lates to ten years.
~res, which he said
75. These expenditures,
5e County has gone from
et for next year of
year 2000, the budget
consider than just
Albemarle County is
s. This is one reason
go to Waynesboro,
lse for $110,000, but in
],000 or $160,000. He
new and better ways to
The County cannot
~t is paid to personnel
~re attention needs to
zhat are already in the
zhe number of employees
[gestion relative to
needs to consider
)ensation. He also
~ard. He has heard
ry to make any justifi-
as close to democracy
the decisions that are
visors recognize that
3, but to keep the taxes
1 order to provide those
~iety, there is the
[de police protection to
the budget.
~n any skimping in the
~ education and law
~asy task that confronts
5 basis as everybody
[rit of trying to get
cs this year's budget is
r. Carter's suggestion
If of the amount of the
will be readily
~gular general fund,
rest bearing account to
~me over which the money
5e public comes and
s that everybody is part
re responsible and
~y on a daily or weekly
The Supervisors will
probably will not even
of trying and not for
ooints of view ex-
~ometimes are not always
action at this time to
will take action on
d. He would like to
~d this evening. He
Zerest bearing account.
~at money for other
it in a separate trust
perspective. He had
use any surplus
~ent to do that whenever
pt have to continue to
~an afford. With regard
~lked to her about it,
April 5, 1995 (Regular Day Meeting)
(Page 43 )
and he has talked to some of the Supervisors. He does
suggestion. He went on to explain that in the late 19
rant who came in every two years and worked on the com
the Board was not pleased with the last consultant's p
time when everybody was being chastised and criticized
tants and not using the County staff and saving the co
had attempted to try and provide this review in-house.
been saved by doing that, and there are those who crit
employees are setting their own salaries. He does not
Mr. Tucker said there is a process that was adop
Supervisors, although perhaps this particular Board di
is the process that is followed. Maybe the Supervisor
understand it, but it was not because the staff did no
them. He agreed that it is probably time to bring in
if for no other reasoni'~'to take a look at what the sta
be good to have a consultant to give the staff and Sup
things that are in the private sector and other public
what could be done to improve this system.
Mr. Tucker said any time pay-for-performance is
merit pay, it is somewhat complicated. Maybe it is ti
system. He knows there are many people who feel stroh
to provide some type of performance pay and reward tho
perform better. There is obviously merit to that syst
for the increases the Supervisors see, and he agreed w
what is usually reported. The staff tries to explain
when there is a two and one-half percent increase, as
accumulates. There are also promotions that occur dur
an average of the total compensation is considered, th
reclassifications, etc., are added to that percentage,
much higher.
Mr. Tucker supports bringing in a consultant, an
project be moved fairly quickly along. He reminded th
staff's hope was to bring a plan back to this Board an
October. This project will have to be bid, and there
proposal fee. He will need guidance from this Board,
consultant to be answerable only to the Supervisors.
he needs to be involved in the hiring of the consultan
type of working relationship does he need to have with
Mr. Tucker said the Supervisors also need to thi
in which they would be interested. The staff will be
the Supervisors either later this month or early next
directives from the Supervisors and the School Board.
type of pay plan would the Supervisors like to examine
the kind of directive or assumption that needs to be g
He then asked if the Supervisors just want a simpler p
understand. The staff can fix that and a consultant w
hired, if that is what the Supervisors want. He empha
of questions have to be answered and that is what has
consultant.
Mr. Tucker suggested the Supervisors also need t
thought as to what process or methodology they would 1
a working relationship with this consultant. He wonde
want the School Board involved in this project. The s
teachers' salaries should be included in this review,
the ,~ducation department who feel that the teachers' s
sepa:~ately. He thinks the pay plan for the teachers,
ladd,~r and salary scale, needs to be addressed. Now i
this with the help of an outside consultant. All he n
toni~ht is a consensus or motion which would allow th(
so that the proposal can t)e prepared for this Board's
Mrs. Humphris then made a motion to ask the Cou]
back information about retaining a consultant to do a
info~mation study. Mr. Marshall seconded the motion.
Mr. Bowerman commented that if the money is goin
cons]tltant so that an unbiased review can be done, an¢
expe~ts and that is what this Board expects, then the
made accountable to this Board. This will provide th(
the ~upervisors will be spending.
Mr. Perkins remarked that the last consultant th
was ,)n the School Board, which probably meant that it
The consultant was so bad with the recommendations tha
sts. f~! could do better in-house. He believes the diffe
the consultant was answering. At that time, there was
the Board of Supervisors or the School Board on what s
package was desired. Mr. Bowerman remarked that it is
responsibility to make sure everything is clearly unde
comp~nsation plan should address and what needs to be
Mr. Tucker suggested that some money could be sa
Resources Department, at least acts as the staff to
000304
not disagree with the
~0s there was a consul-
Densation plan. In 1989
~oduct. It was also the
about hiring consul-
~sultant fee. The staff
A lot of money has
.cize and say the
agree with that.
ted by the Board of
~ not adopt it, and that
did not totally
try to educate the
n outside consultant,
ff is doing. It would
~rvisors expertise on
entities, as far as
)rovided, as well as
{e to do away with that
~ly that it is important
~e who work harder and
~m. There are reasons
ith Ms. Harris about
as much as possible that
~ell as vesting, it
lng the year, and when
ose promotions and
it makes the percentage
he suggested that this
Supervisors that the
the School Board in
~ill be a request for a
if it wants this
He will need to know if
~, and he wondered what
this consultant.
nk about the information
Oringing this matter to
nonth to get some
He inquired as to what
He noted that this is
.ven to the consultant.
lan that everybody can
ould not have to be
~ized that these kinds
~o be provided to the
~ start giving some
ike to have in terms of
red if the Supervisors
taff feels that the
and there are some in
al~ries should be done
including the career
s maybe the time to do
~eds from the Board
staff to move forward
re~riew.
ty Executive to bring
2ounty-wide salary
1;o be spent to get a
that is what the public
0erson might as well be
most for the money that
County had was when he
wa~: around 1984 or 1985.
t [,.t was decided the
re, ice related to whom
never any input from
ort of compensation
the Supervisors'
rstood as to what the
~one.
red, if the Human
as far as
April 5, 1995 (Regular Day Meeting)
(Page 44)
figures are concerned. It makes no sense to hire a c~
develop numbers that are already there the County staf
thinks the Supervisors are looking for ideas for conce
things differently. He reiterated that the Supervisor
consultant guidance.
Mrs. Thomas stated that this was surely part of
Human Resources Department, so it would not be very ef
portion of the work plan totally. She also agreed tha
is good to bring in a consultant with outside ideas, b
the staff to take this as any type of vote of mistrust
once in awhile, it is a good idea to have some experti
about the sort of things that would not be efficient f
demand the staff stay up-to-date. This is when having
idea.
Roll was then called, and the motion carried by
vote:
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bower
Mr. Marshall.
NAYS: None.
Not Docketed: Other Matters not Listed on the A
There were none.
Agenda Item No. 24. Adjourn. With no other mat
Board, Mr. Perkins adjourned the meeting at 8:30 p.m.
000305
lsultant to have to
can provide. He
Pts and ways to do
need to give the
the work plan of the
ficient to remove that
t from time to time it
nt she would not want
of the staff. She'said
se and new thinking
or the Supervisors to
a consultant is a good
the fOllowing recorded
~an, Mrs. Humphris and
'enda from the BOARD.
ers to come before the