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1993-10-20 ~r 000~80 October 20, 1993 (Regular Night .Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, virginia, was held on October 20, 1993, at 7:00 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Charles S. Martin and Mr. Walter F. Perkins. ABSENT: Mr. Forrest R. Marshall, Jr. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, George R. St. John, and, Director of Planning, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:00 P.M. by the Chairman, Mr. Bowerman. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC. Mr. Mark Frankel, Ms. Joan Gilrain, Ms. Alice Stilwell and Mr. Gary Taylor, voiced support for ZMA-93-09 and SP-93-20, C. Todd Shields, and asked the Board to reconsider the requests. Ms. Mary Anne Dilbone expressed the need for a new high school. Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to approve Items 5.1, 5.2 and 5.3, and to accept the remaining items on the consent agenda as information. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall. Item 5.1. Resolution Proclaiming October 27 as "Unfunded Mandates Day in Albemarle County". To bring attention to the unfunded mandates problem in local governments, the National League of Cities, the Virginia Municipal League, the Virginia Association of Counties and the Virginia School Boards Association have joined forces to declare October 27, 1993, as National Unfunded Mandates Day. On that day, local governments throughout the nation will focus attendS.on on the problem of unfunded mandates. The resolution was adopted as f0110W~ the above recorded vote: RESOLUTION UNFUNDED MANDATES WHEREAS, according to the Joint Legislative Audit and Review Commission (JLARC), Virginia's local governments are subject to 391 federal and state mandates; and WHEREAS, unfunded mandates on local governments have increased significantly in recent years; and WHEREAS, federal and state mandates require cities, counties and towns to perform duties without consideration of local circumstances or capacity; and WHEREAS, in some cases mandates require local governments to redirect their priorities, to meet federal and state objectives rather than community objectives; and WHEREAS, excessive federal and state regulations on local governments impose harsh pressures on local budgets, often requiring increases in local taxes and fees, and/or reduced local services for residents; and WHEREAS, federal and state mandates too often are inflexible, one-size-fits-all requirements that impose unrealistic time frames and specify procedures or facilities where less costly alternatives might be just as effective; and WHEREAS, existing mandates impose harsh pressures on local budgets, often requiring increases in local taxes; and WHEREAS, the cumulative impact of these legislative and regula- tory actions directly affect the citizens of our cities, counties and towns; and WHEREAS, the Virginia Municipal League, the Virginia Associa- tion of Counties and the Virginia School Boards Asso- October 20, 1993 (Regular Night Meeting) (Page 2) ciation a~Orkin~~ith l~Calities, school boards and organizations across the nation to begin a public education campaign tO help citizens understand and then reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; NOW THEREFORE BE IT RESOLVED that the County of Albemarle endorses the efforts of the Virginia Municipal League, the Virginia Association of Counties and the Virginia School Boards Association and their national counter- parts, and supports working with the national groups to fully inform our citizens about the impact of federal and state mandates on our governments and the pocketbooks of our citizens; BE IT FURTHER RESOLVED that the County of Albemarle plans to redouble efforts to inform members of our Con- gressional and General Assembly delegations about the impact of federal and state mandates and plans to work with the delegations to reduce the burden of unfunded mandates on our citizens. FINALLY BE IT RESOLVED that I, David P. Bowerman, Chairman, on behalf of the Board of Supervisors, do hereby proclaim October 27, 1993, to be "Unfunded Mandates Day in Albemarle County," in observance of National Unfunded Mandates Day. Item 5.2. Resolution to accept Village Woods Lane in Village Woods Subdivision into the State Secondary System. The Resolution was adopted as follows by the above recorded vote: RESOLUTION WHEREAS, the streets in Village Woods described on the attached Additions Form SR-5(A) dated October 20, 1993, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Village Woods as described on the attached Additions Form SR-5(A) dated October 20, 1993, to the secondary system of state highways, pursuant to 4,633.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary ease- ments for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The road described on Additions Form SR-5(A) is: 1) Village Woods Lane from edge of pavement at intersec- tion with State Route 660 to end of cul-de-sac, re- corded 3-22-88 in Deed Book 984, pages 420-423, with a fifty foot right-of-way; total length 0.13 mile. Item 5.3. Statements of Expenses for the Department of Finance, Sheriff, Commonwealth's Attorney, Regional Jail and Clerk, Circuit Court, for the month of September, 1993, were approved as presented. Item 5.4. Notice of Appointment of Albemarle Housing Coordinator. The Board was notified that the position of Housing Coordinator, approved in the FY 1993-94 budget, has been filled. The new coordinator, Ms. Lynne Carruth, will begin work on November 18, 1993. She has had significant experience working with housing programs at the state level as well as coordinating a variety of community groups to develop and implement housing programs. The hiring committee feels that Albemarle County has found an extremely qualified individual for this position and that she will bring a high level of expertise to Albemarle County. The appointment was accepted as information. : OOO162 October 20, 1993 (Regular Night Meeting) (Page 3) Item 5.5. Copy of planning Commission Minutes for October 5, 1993, was accepted as information. Item 5.6. Status Report on Visioning/Comprehensive Planning Process, was accepted as information. Mr. Tucker reminded the Board that at the October 6, 1993, meeting, Mr. Bain requested a status report on the planning for the community vision forum and related comprehensive plan review process. A subcommittee of the Planning and Coordination Council (PACC) Technical Committee has submitted a proposal for a City/County/University joint vision forum and subsequent comprehensive/ master plan review process. The proposal outlines specific actions and a timeline. Two of these actions identify the role and composition of an Advisory Committee, and the use of facilitators/consultants for the vision forum process. This proposal will be considered by PACC at its meeting on October 28. The Board directed staff to look at bringing in some consultants or firms to discuss different or new approaches to planning of which the staff may not be aware. Staff is to include in the analysis what would be entailed, the costs and when such a presentation could be made. Item 5.7. Bond Program Report and Monthly Report for Arbor Crest Apartments (Hydraulic Road Apartments), for September, 1993, was accepted as information. Item 5.8. Memorandum dated October 20, 1993, from Mr. Robert W. Tucker, Jr., re: Electronic Mail Messaging (E-mail), was accepted as information. Mr. Tucker reminded the Board that over the last 12 months, the County has initiated an electronic mail system that has improved communication capabilities immensely. All middle and upper level management staff in both local government and the school division can now communicate electronically which is more efficient than telephone communications or the conventional mail system. This system is also available to any Board member who has a computer and would like to send E-Mail messages through the system. Agenda Item No. 6. Adopt Resolution approving the issuance of up to $3,000,000 in revenue bonds by the Industrial Development Authority of the County of Orange, Virginia, for the Benefit of Westminster Canterbury of the Blue Ridge. Mr. Tucker said Westminster Canterbury of the Blue Ridge (WCBR) plans to undertake a $3,000,000 expansion to its health care center through the issuance of tax-exempt "bank-qualified" revenue bonds through the Orange County IDA. Because Albemarle County is over the $10,000,000 "bank-qualified" limit for the calendar year 1993, it was necessary that WCBR approach Orange County to undertake the financing. Even though the Orange County IDA will be the issuer of the bonds, federal law requires that the Albemarle County IDA hold a public hearing on the proposed bond issue, and that the Board of Supervisors of Albemarle County approve the financing following the public hearing. It will also be necessary for the Orange County IDA and Board of Supervisors to follow the same proce- dure before the bonds are issued. Mr. Bain asked, since WCBR is a private facility for health care, if it requires this Board to approve the proposed health care bids. Mr. Tucker said Orange County would have to approve those bids. Mr. C. H. Hinnant, President, WCBR, said a Certificate of Public Need is not required, but WCBR is planning to acquire one. WCBR is out of beds and this is why it decided to move forward, rather than relocating residents to other facilities. WCBR feels it is time to look at expanding its facility and is planning to do this by adding 32 assisted-living beds. WCBR has requested a Certificate of Public Need for three beds under a legislative exemption. If the Certificate of Public Need were not granted by the Health Department, those three beds would also be utilized as personal care beds. Mr. Hinnant said this process began with planning early in the year and, at that time, this Board was helping Martha Jefferson Hospital with a refi- nancing. This made WCBR unable to approach the Board because Albemarle County was over its $10.0 million limit. WCBR then approached Orange County, based upon a private placement of a bond issue that will be just under $3.0 million. Within the last 10 days, the interest rates on the bond market have been down so much that it may be a business decision to consider refinancing within the next month for the entire project which would be more beneficial to the residents. If that were to occur, WCBR would find it necessary to withdraw this Resolution and go with the lower amount. Motion was offered by Mr. Martin, seconded by Mrs. Humphris, to adopt the following resolution: October 20, 1993 (Regular Night Meeting) 00018~ (Page 4) ~ WI{EREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority") has been asked by Westminster Canterbury of the Blue Ridge ("WCBR") to approve the issuance of revenue bonds by the Industrial Development Authority of the County of Orange, Virginia, in an amount not to exceed $3,000,000 ("Bonds") to assist in the financing of WCBR's acquisition, construction and equipping of an approximately 21,000 square foot, 32-bed addition to the health care center located in the west wing of WCBR's retirement community at 250 Pantops Mountain Road ("Project"), in the County of Albemarle, Virginia, and has held a public hearing thereon on October 14, 1993; and W~EREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any.facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, Section 15.1-1378 of the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended ('Act"), provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority created by the second locali- ty; W-HER~AS, the Project is located in the County of Albemarle Virginia ("County") and the Board of Supervisors of the County ("Board") has created an industrial development authority, and constitutes the highest elected governmental unit of the County; W~R~AS, the Authority has recommended that the Board approve the issuance of the Bonds; and WI{~REAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of WCBR, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2. The Board concurs with the resolution adopted by the Industrial Development Authority of the County of Orange, Virginia and approves the issuance of the Bonds by the Industrial Develop- ment Authority of the County of Orange, Virginia for the benefit of WCBR as required by Section 15.1-1378 of the Act. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or WCBR. 4. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f) (1), this resolution shall remain in effect for a period of one year from the date of its adoption. 5. This resolution shall take effect immediately upon its adoption. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall. Agenda Item No. 7. Public Hearing to receive comments on the local Comprehensive Housing Affordability Strategy (CPIAS), which defines the region's housing needs, for use of HOME funds by the local consortium of counties and the City of Charlottesville. The CHAS will identify the region's affordable and supported housing needs and will outline a method for meeting those needs. The CHAS will guide the use of Federal funds received by the Thomas Jefferson Planning District Commission from the HUD HOME Program which provides grant funds to conduct housing rehabilitation, new construction, assistance to first-time home buyers and assistance to renters. (Advertised in the Daily Progress on October 4 and October 11, 1993.) October 20, 1993 (Regula~ Night Meeting) (Page 5) Mr. David Benish, Ch~?6~6m~~D~Velopment, said the Thomas Jefferson Planning District Commission (TJPDC) and its member localities established a regional housing consortium (required to develop a Comprehensive Housing Affordability Strategy [CHAS] to address local and regional affordable housing needs) to increase affordable housing opportunities in the region. Regional consortiums are entitled to receive an annual allocation of HOME monies from HUD to support housing initiatives within the consortium area. Last year the TJPDC consortium was awarded $570,000 and each locality in the consortium receives an equal share of the allocation. Mr. Benish said a locality within the consortium may hold a public hearing to receive public input/comments concerning housing issues or specific comments regarding CHAS. That is the purpose of this public hearing. Mr. Benish said the priorities for Albemarle County in the CHAS's Five Year Strategy are: (a) rehabilitate substandard owner-occupied homes; (b) increase opportunities for first-time home buyers; (c) rehabilitate substan- dard renter-occupied homes and multi-family units; (d) increase mixed-use, high density development in designated growth areas; (e) assist special needs groups (elderly, disabled, homeless and single-parent families). Mr. Benish said priorities of the region-wide consortium are: (a) foster cooperation within the region through the use of affordable housing initiatives; (b) educate the public on the need for affordable housing and programs available to assist low- and moderate-income residents; (c) establish a regional mechanism for disseminating information on affordable housing initiatives and for evaluating current efforts and policies; (d) coordinate new financial assistance for low-income renters; (e) establish a regional loan fund for use by the region's housing non-profits. Mr. Benish said the existing priorities for the County generally are consistent with the recommendations of the Housing Advisory Committee's report and are sufficiently broad in scope to accommodate a variety of project types. Mr. Tucker said this public hearing tonight is to provide an opportunity for the Board to hear and consider public comments related to housing and the regional CHAS. Staff has no recommendations for modifications to the CHAS. Ms. Rellen Perry said she represents the housing needs of poor children in Albemarle County and suggested that a higher priority be given to housing needs of low-income families with children. Mr. Bowerman asked if this is something that regulations allow and can there be an assistance program structured in the fashion that Ms. Perry has outlined. Mr. Benish said the use of the funds can be determined locally, but he is not sure as to the amounts of money that must be used to address each need. He thinks the Board could set certain criteria. If it is the Board's desire, it could emphasize that the monies be used for projects that serve low-income families with children. Mr. St. John said whatever the Board did would have to be for owner- occupied dwellings. The Board can set priorities within categories, but cannot change from owner-occupied to possible non-owner occupied. Mr. Doug Frame informed the Board that Albemarle Housing Improvement Program (A/~IP) is not being allowed access to HOME funds as it has in the past. In addition, HUD has ruled that A~IP will no longer be allowed to assist families with job planning and act as the general contractor for the client-family. HUD stated this was a conflict of interest. Congressman L. F. Payne is working with AHIP to try and resolve this situation. Mr. Frame asked the Board to contact Congressman Payne and lend its support of AHIP. Mr. Charlie Wessner said Albemarle County has a volunteer housing improvement program. At last year's budget meeting he opposed the hiring of a housing coordinator and at this year's preliminary budget meeting he suggested that Albemarle County get out of the housing business and stay out of that business. There being no further comments from the public, the public hearing was closed at 7:49 p.m. There was a consensus of the Board to direct staff to contact Congress- man Thomas Bliley's office, in addition to Congressman L. F. Payne's office, in support of AHIP. Mr. Tucker is to inform the Board if any further action, such as a resolution by the Board, is necessary. The Board also directed staff to see if what Ms. Perry suggested (a higher priority be given to the housing needs of low-income families with children) can be done. Agenda Item No. 8. CPA-92-05. Towers Land Trust. Public Hearing on a request to amend the Comprehensive Plan to expand the Growth Area Boundary of the Hollymead Community to include Regional Service, Office Service and Low and Medium Density Residential uses. Area under consideration for these designations is E of Rt 29N, S of North Fork Rivanna River, W of Rt 785 and N of Proffit Rd (Rt 649). (Advertised in the Daily Progress on October 4 and October 11, 1993.) October 20, 1993 (Regular Night Meeting) 000~85 (Page 6) Mr. Benish summarizedthestaff;s~0rt' which is quite extensive, and is filed and made a part of the permanent records of the Board of Supervisors. He said the Planning Commission, at its meeting on October 5, 1993, reviewed the comprehensive study of Growth Area expansion. Based on their initial discussion of the findings of that report, the Commission continues to recommend approval of the Towers Land Trust Comprehensive Plan amendment request. The Commission previously recommended approval of this request. Mr. Benish said regarding an amendment request from the South Fork Land Trust, the Commission recommends the Board defer action until the Meadow Creek Parkway alignment area is decided. The Commission previously recommended denial of this request due to the potential impact on some alternative alignments of the Meadow Creek Parkway. Mr. Benish said the Commission will continue its discussions of the Growth Area expansion study at future work sessions including other requests previously made in the Hollymead area (UREF, Forest Lakes South, and others). No further recommendations have been made to date regarding general Growth Area expansions. At 7:55 p.m., the public hearing was opened. Mr. Donald Wagner, representing Towers Land Trust, said this request has been before the Board since 1989. He senses that the Board's major concern, in view of the staff report, is that it is reluctant to act upon this request without the broader context. Staff has recommended approval of the request and with that in mind, he would be happy to answer questions. He pointed out a map which shows a connection over Route 785. The staff report clearly states that there should be no connection to Route 785 from the Towers property. At the hearing in November, Towers Land Trust indicated that the map had been drawn by a consultant and that this connection is not something Towers Land Trust had requested. Ms. Ginny Decker, President, League of Women Voters, said the League has struggled on how to approach this request. The applicant has been before this Board regarding this request for over four years. One year ago, the League encouraged the Board to support staff's recommendation to defer the request. Instead of the piecemeal approach that might impact the growth, there were two things that the League was concerned with: 1) the completion of the fiscal impact model, and 2) a resolution of the Meadow Creek Parkway alignment issue. These two things were the last studies of issues the County had deemed necessary before considering enlarging the growth areas. At that time, the deadline was set for September 30, 1993. Today, there is an evaluation of some possible growth areas and the League congratulates staff on its effort to do that, but there is a fiscal impact on them. Last night's action by the Planning Commission on the Meadow Creek Parkway leaves that question and its location in "limbo." According to a 1992 staff report, the Towers project proposes a significant scale of development, both residential and commercial of approximately 3100 dwellings. Traffic estimates are already between 36,000 and 40,000 trips per day, 23,000 of which would be regional and office service activity. It seems to the League that this is the kind of proposal that should require some sort of tool by which this Board can judge its fiscal merits. The League wonders by what standards other requests for expansion of the growth area along the Route 29 corridor will be judged. She asked if the fiscal impact analysis has become unimportant. All of this gives the League the opportunity to share concerns and thoughts about the Route 29 overlay. Ms. Decker said according to staff reports over the last three to four years, the primary constraint for the development of the Hollymead/Piney Mountain growth area has been the availability of water and sewer services and the adequacy of existing roads. The provision for water and sewer facilities is an absolute necessity for greater density in the growth area. The utili- ties presently serving the area are inadequate to serve future growth. Upgrading and expanding the utilities will be necessary. Both the Rivanna Water and Sewer Authority and the Albemarle County Service Authority have long-term capital improvement plans for both water and sewer for the area and estimates of when those projects will be necessary. Some of those dates are close. A key to long-term development of water service to the growth area lies in the question of what to do with Chris Greene Lake. The staff report has it listed as part of the recreational program for the area. The decision of whether Chris Greene Lake is to continue as a recreational facility or become a future raw water source for the North Fork Rivanna Water Treatment Plant cannot be put off forever. The Albemarle County Service Authority has said that the additional water will be necessary to meet future demands of properties within the present growth area. In a letter dated October 8, 1992, Mr. Brent said that the question of whether Chris Greene Lake will remain a recreational facility or become a drinking water supply "has not been answered and is a key component in any study of the true cost of providing additional water." If this is true, the League believes it is time to begin a discussion of the future use of Chris Greene Lake and urges the Board to do so. Ms. Decker said in addition to not having any idea of the fiscal impact such a large new expansion will have, the League has two questions concerning staff's recommendations. Should the Board approve the Towers Land Trust request for access to Route 29 North in consideration of the greenway along the North Fork of the Rivanna? In its November 11, 1992, staff report, staff made two other recommendations: 1) delete neighborhood service, 13 acres of which are "not seen as necessary to serve this area given the proximity of the October 20, 1993 (Regular Night Meeting) 000186 (Page 7) proposed regional service area and the existing commercial zoning along U.S. 29 in the Piney Mountain Village." The League wonders if it was part of the staff report then since it is not part of the present staff report; and, 2) Specific location of low, medium and high density residential should be identified within the residential area. Considering that there is a need for land designated high density, the League urges the Board to consider high density development somewhere in the growth area of Albemarle County and recognizes the possible impacts on schools and roads, but high density does not always translate into affordability. Given the large amount of land under consideration, the League is bothered that the County's land use needs could be met along the Route 29 corridor, thus spreading north the problems closer to the urban area. The League would like to know how more fill-in can be encouraged in the existing growth areas. It is known that growth areas are needed in order to keep development out of rural areas, but the county continues to be concerned by the issues and questions as stated. Those issues and questions are what make it difficult for the League to support this request. Mr. John Snyder, resident of Route 785, said Mr. Wagner stated that Towers Land Trust would be happy not to have an exit on Route 785. He is wondering if any other organization could request an exit on Route 785. He thinks if the Towers request were granted and it put an exit on Route 785 it would cause major problems, especially for the residents. There would be astronomical traffic and danger to children and adults. He does not have a problem with the development itself. Mr. Wagner addressed comments made by the representative from the League of Women Voters. He said last year Towers Land Trust furnished to staff a breakdown and layout of the high, medium and low density residential areas in the proposed area. As to the water and sewer situation, water mains are in Route 29 and you can see them in ACSA's financial reports and capital improve- ments program over several years. Developers have paid for 60 percent of the water mains. In this situation, the developers would be paying 100 percent of the main. It is the responsibility of the developers to hook to the mains at Route 29 and bring them onto the property at their expense. These mains would then be dedicated to ACSA once built and tested. The developer would pay approximately $5000 per residential unit for fees to hook to those mains. Mr. Wagner said Chris Greene Lake was built many years ago to provide ammunition in the annexation fight. In the meantime, Chris Greene Lake has become a recreational facility, but presently there is more than enough water in the Rivanna Reservoir to serve the proposed area. Buck Mountain is in the planning stages because more water will be needed in this area in the future. Regarding the sewer situation, the sewer plant at Camelot has available capacity, it is owned by the ACSA and will be available on a first-come, first-served basis. It is true that this plant is not large enough to cover all of the area currently in the growth area. Unless the growth area is reduced, ACSA is, at some point, going to have to provide additional service in those areas. While the ACSA does not have all of the resources there, he is confident that it will supply sewer to this area and if the growth area goes somewhere else, it will supply sewer service there. He does not see this as a major issue. Mr. Wagner said in response to a concern by the League of Women Voters, this development will fill-in the remainder of the Hollymead Growth Area. Towers Land Trust is proposing to provide additional residences there and, at some point in the future, additional commercial development will create a community there and it will be self-contained instead of increasing traffic on Route 29. There being no further comments from the public, the public hearing was closed. Mr. Martin asked why the high density status was moved and if it was done by staff or the applicant. Mr. Benish said Mr. Wagner submitted a plan and discussed the areas that he was interested in proposing for higher densities. When staff reviewed those areas, it noted that the topography of those areas may be limiting to high density development. Initially, staff felt more comfortable with recommending a low density but the request came forward with high density. Mr. Cilimberg said it is better to use the growth density designation that can be achieved. Mr. Wagner said one of the main considerations was for the low density to be toward Route 785. Towers Land Trust felt the higher density would be closer to Route 29 and the commercial areas. He has no problem with the variation staff is suggesting. Mr. Benish said the original request was for medium and low density. Staff met with Mr. Wagner and discussed concerns to make sure there were high density areas because the need to replace high density designations had been identified. The final evaluation was to stay with a medium density designa- tion. Mr. Bain asked about the capacity for wastewater disposal. This is a growth area expansion of Hollymead and in terms of what is being projected, how much of what is already planned can be served. Mr. Benish Said one of the initial issues was that there were some contractual limitations to the capacity in Camelot. This was resolved by the ACSA working on an arrangement ..... 000 187 October 20, 1993 (Regular Night Meeting) (Page 8) with those commitments so the remaining capacity is available. It is diffi- cult to project how big of an area can be served because it is dependent on how the areas are developed. The capaCity at the Camelot treatment plant would not be sufficient to serve the existing growth areas north of Airport Road based on the industrial land use designation plus the new industrial designation in the Piney Mountain area. Mr. Cilimberg said one thing that was discussed at length was the development of an overall utilities plan that could cover the entire area for growth based upon capacity or ability of the ACSA and the Rivanna Water and Sewer Authority to serve existing growth areas and expansion of those growth areas. The two authorities can indicate that they can do many things dependent on the designation, but they cannot do anything until it has been designated and planned for and there are customers available. The authorities need to know what the County is planning to do from a growth standpoint. Staff wanted to be sure the ACSA had the means to provide the utility services to the growth areas if those expansions took place and it has indicated that they do. Mrs. Humphris asked if the letter from V DoT dated October 13, 1992, was still the guiding VDoT document to this request. Mr. Benish said those were the most recent comments regarding this request. Mrs. Humphris said she wanted to make sure the Board was aware of this letter because there are significant components in it. The letter talks about the effect, and states that several drastic improvements Would be necessary. The letter also states that additional widening of Route 29 north would have to be done beyond current plans. Restriction of access to Route 29 north to grade-separated interchanges for Seminole Trail south of Proffit Road might be necessary. There would also have to be a direct connection from this region to the Meadow Creek Parkway that would not utilize Route 29. There would have to be general improvements to Proffit Road (Route 649) from Route 29 to Route 20. There would have to be an extension of the existing six-lane improvement plan for Route 29 to the North Fork of the Rivanna River. The letter also talks about other problems that would arise and access would have to be limited and controlled, preferably utilized in a single interchange, rather than several signalized intersections. This proposal could accelerate the need for the three interchanges planned for Seminole Trail, Route 29 at Rio, Greenbrier and Hydraulic Roads, as well as construction of the Route 29 Alternative 10 Bypass. This is a major impact and there is no way to hurry or implement any of those projects mentioned. Mr. Benish said on the comments regarding Proffit Road, when this letter was submitted, there was an indication that there would be a connection to Route 785. He has not received clarification as to whether a connection would still be required. Mr. Bain said this petition was deferred to look at the growth area because the request was to include the property in the growth area and it was a specific request in terms of the urban area. What staff has done with the urban neighborhood is simply to say that this is where it is to be limited. There does not appear to be much that will be done in the way of expansion of the urban area while conducting the next overall review of the Comprehensive Plan. Mr. Bain asked if this is a fair statement of staff's analysis. Mr. Cilimberg said that is correct. Mr. Bain said he hears what Mr. Wagner has stated in terms of fill-in, but in looking at the urban area, development will be stripping further north on Route 29 if this request is approved. Mr. Martin said this Board has tried to protect the rural areas and can speculate that by having land available in the designated growth area it will reduce the number of dwelling units in the rural areas. That is an identifi- able goal. He considers this request as a fill-in because it is in an area where the main concern of the people in that area is how the old rural area will connect with the growth area. When this request first went to public hearing, there were a lot of negative comments about the Plan.. Basically the residents did not want growth as presented coming near them. Residents basically said if any connection to Route 785 were deleted, they would be supportive of the request. TOnight, there was only one resident who spoke and stated that there should not be a connection to Route 785. He does not feel a proposal like this one would be supported by the residents near the area proposed to be developed. He understands Mr. Bain wanting to wait and see if more can be learned about the area, but for the two years he has been a member of the Board, it has been waiting to know more. At some point, a decision must be made without having every future possibility reviewed. There also needs to be a fair amount of planning by the applicant. He is pleased with this request and the fact that there is no grave opposition. He will support the request. Mr. Bain said this is located on the major arterial for the County. He knows this will increase traffic in the intersection near where this develop- ment will be located and there is a lot more traffic to come. In response to the deferrals of this request that does not carry any weight because the applicant could have requested that the Board act on the request and it would have been denied. The applicant was aware of the reasoning behind the Board's waiting. This Board still has not received a fiscal impact report. This development is not in the current Plan and something might come out of that report which would make a difference from the public's perspective. 000 1.88 October 20, 1993 (Regulav Night Meeting) (Page 9) Mr. Bowerman said he does not think proposals like this create growth, but absorb the growth that is already present. He is mindful of the fact that the area south of Route 29 is developing and there are about 1200 units which is large enough to absorb scattered growth. Forest Lakes is doing the same thing and Glenmore is attempting to do the same thing on a higher scale. Development in rural areas has been reduced dramatically because of this. Such reduction is an overriding goal in the Plan. He thinks the housing demand is being absorbed by the urban area growth. This Board is finding that when this is done, i.e. Forest Lakes, the need arises for schools. He does not think this is taking away a need for new schools in the County, but is more concentrated and noticeable. If growth continues where services can be provided, ultimately he feels it will be less expensive. He does not know what a visioning forum will do or how it will tell this Board that it should not build more roads or have development more than three and one-half miles out of the center of the urban area. He knows that if Chris Greene Lake is excluded and the rest of the watershed, development will totally be on the north side of Route 29. Chris Greene Lake and the area around it represents areas that are developable because of the terrain. He does not feel this Board can continue to protect the rural area and not let the growth go elsewhere. There are costs associated with doing things this way. There are a lot of questions that still need to be answered, but in his mind, regarding this request, the questions have been answered by the staff's report. This development is consistent with what has been done, and it can be accommodated in this area by having water and sewer availability. He feels this is the best situation possible and it seems to be a reasonable request to him. Mrs. Humphris said she is being cautious to make sure an opportunity is not missed to do something innovative or creative but instead to find a better way to do it in the future. /~otion was offered by Mr. Martin, seconded by Mr. Perkins, to approve CPA-92-05 to amend the Land Use Plan in the Comprehensive Plan to include the area north of Proffit Road, east of Route 29, South of the North Fork Rivanna River and west of Route 785 in the growth area boundaries of the Community of Hollymead. Recommendations for development of this area to b~ included in the Plan are: 1. Limit access to Route 29 to three locations for the entire front- age from Proffit Road to the North Fork Rivanna River. The Towers Land Trust property should be limited to two access points to Route 29. The northernmost access point should be aligned with the future access to the University Real Estate Foundation's (UREF' s) North Fork Research Park. Access should be prohibited from the Towers Land Trust site to Route 785. 2. Consideration should be given to developing a Greenway along the North Fork Rivanna River to protect environmental resources and provide recreational opportunities. (Note: Actual wording for the change in the Comprehensive Plan is to come back to the Board and be placed on the consent agenda for approval. ) The Board also stated that it wanted to continue deferring CPA-92-02, South Fork Land Trust, until the Meadow Creek Parkway issue is resolved. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins and Bowerman. NAYS: Mr. Bain and Mrs.Humphris. ABSENT: Mr. Marshall. (Note: The Board recessed at 8:45 p.m., and reconvened at 9:00 p.m.) Agenda Item No. 9. Public Hearing to receive comments on Community Needs and Priorities for the Fiscal Year 1994-95 County Operating Budget. (Advertised in the Daily Progress on October 4 and October 11, 1993.) Mr. Tucker said staff hopes to have projections of preliminary revenue figures to the Board next month. So far, those figures are not optimistic. He believes the County may have to look at program changes and possibly even service level changes for next year. He foresees revenues as being bleak unless something changes. Ms. Sonya Snook, resident and member of the Board of Directors of Shelter for Help in Emergency (SHE), said she is present with three other residents, two of whom are also members of SHE. She thanked the Board for its past support of SHE and said SHE appreciates the level of support. A big difference has been made to the lives of men, women and children of this community. A woman is battered in this country every 15 seconds and it is so common that the American Medical Association (AMA) has requested that doctors who treat female patients routinely include questions about domestic violence as part of their exam. The level of community support for SHE is amazingly high. SHE is currently in the process of a fall fundraising campaign and even people who do not have very much to share have sent what they can. The money this Board allocates to SHE is well spent. For less than $35.00 per night, SHE can house a woman and give her access to programs that educate her and break the cycle of violence. Compared to other shelters nationally, SHE has a October 20, 1993 (Regular Night Meeting) 000189 (Page 10) high rate of women who are able to leave violent situations and move on to lead productive lives. Mr. Donald Hanson, Chairman, Albemarle Housing Coalition, said the Coalition is mainly concerned about the program of 1600 units to be built over 10 years for rental housing (approximately 160 units per year). The Board has heard, during the discussion of HOME funds that money was available, but was not given to the County. Those funds could be used for this type of low- income housing. 160 units per year is equivalent to approximately $7.0 million per year that would come from banks or grants to build this type of housing. This means approximately 150 jobs for construction and tax revenue from those houses to the County. The Coalition is concerned about the support given by this Board and the County Executive's office to the persons who will be endeavoring to get the private sector involved in this important program. The Coalition hopes the Board will support this worthwhile project. Ms. Lana Chassman, resident, organic farmer and member of the Board of Directors of the Piedmont Council of the Arts, said she would like to thank the Board for its ongoing support of the arts in the community through both the support of the Arts Council and the extra funds directed toward the arts education curriculum last year in County schools. She is present to let the Board know that the Arts Council is embarking on a comprehensive plan for the agency which will reshape the Arts Council in the community. This process will involve hundreds of citizens from both the City of Charlottesville and the County of Albemarle. In doing so, the Council realizes that Piedmont Council of the Arts is not only in the arts business but also in the quality of life and community development business. The Council believes that Piedmont Council of the Arts can play a significant role in achieving the broad community objectives associated with the County's Comprehensive Plan. After reviewing the Plan, the Council noted that there are several areas that parallel the components of the Council's study, including: economic develop- ment, rural development, natural scenic and historic resources, social human services planning and neighborhood development. The Council's comprehensive plan will include the role the Arts Council can play in all of these areas. The Council wants to be partners with the County in updating the County's Comprehensive Plan and would be willing to work with it in any areas mentioned above or in other areas where the County feels the Council could be of service. Ms. Tamera Oakly Perdue, Chairman of the Advisory Board for the Thomas Jefferson Adult Health Care Center, said the Health Care Center provides a day program to care for the elderly that are frail and other adults that are disabled. The Health Care Center is an affiliate of Jefferson Area Board on Aging (JABA) and is non-profit. The day care remains the best buy as far as a per day price compared to nursing home care and in-home care for elderly and disabled adults. She thanked the Board for its support last year and said the money for scholarships and transportation was utilized to reach low-income elderly in Albemarle County to help them utilize the services the Adult Health Care Center provides. The Center has found that without transportation funding, the clients cannot get to the Center to utilize the services provid- ed. She asked the Board to maintain its support of the Thomas Jefferson Adult Health Care Center. Mr. John Workman said he knows budgets are tight and money is hard to come by. A project has been started by parents at the Murray High School to try and get technology in the schools in Albemarle County as an investment for the future of the County's children. The Board members have been provided an outline of the planned project. He asked that the Board look seriously at this project and approve the capital funds to get the project started. The long-term goal of this project is to start at Henley Middle School followed by Western Albemarle High School. The skills acquired by the children in this program will enable them to go into the business community and do the jobs businesses require of them. The project has been tailored into the School Board's needs to bring to this Board for final approval. The parents at Murray have already begun this project and have put much energy into it. These parents are in the process of getting parents from Henley and Western Albemarle High School involved to try and get support from those schools as well. Mr. Bowerman asked Mr. Workman if these parents have also looked at implementing this project at other schools (i.e. Walton, Jack Jouett or Albemarle High School). Mr. Workman said the parents and principals met on Tuesday and the plan was presented through the Superintendent's office. It is hopeful that other schools will join the effort of establishing the program. Ms. Carla Kirtley, parent of a student at Murray High School, said the State Department of Education has requested that by January, 1995, every school division in Virginia have a technology plan in place. This is one reason why the parents at Murray have become active to get a technology program implemented. There is a joint effort underway between the University of Virginia's (UVa) School of Education and Albemarle County Schools to infuse technology into the elementary curriculum. This joint effort began this year and the community has tried to support it monetarily by using part of Murray's budget. The PTO has also pledged money through fundraising efforts and a grant has been provided through UVa to get a computer network installed and to upgrade hardware. This year six teachers from Murray have been paired with six UVa graduate education students. The students came into the classrooms to work with the teachers and students to teach them what can be done with October 20, 1993 (Regular Night Meeting) 000190 (Page 11) computers and other types of technology in the classroom. There have also been a lot of parent volunteers who came into the classroom. She is emphasiz- ing the people aspect of this because without those people nothing would happen. It has been stated that available is a lack of hardware, but there is hardware there that the teachers do not know how to use. This technology initiative enables the walls of classrooms to expand beyond Albemarle County and to afford all students the opportunity to experience different technol- ogies as effective and friendly learning tools. The County's technology plan, along with a revised version of what the Board received, will be presented to the School Board within the next few weeks. The parents are asking that this Board take a serious look at the learning opportunities both plans offer the students, teachers and administrators. They request that this Board encourage the School Board to move forward with technology initiatives for students in County schools. Mr. Mack Tate, resident of Samuel Miller District, said tonight the Board will hear many ideas from the citizens of Albemarle County. These citizens will provide the Board input as to their beliefs concerning the upcoming budget. He would like to take a different perspective by asking the Board to imagine him speaking for some citizens who are unable to be present because of their family and social economic situations. He asked the Board to think of the segment of population in Albemarle County that has inadequate or no housing. If these citizens have jobs, the pay is at the minimum wage level, they have little, if any, medical insurance, lack the skills to support themselves, and their families are receiving what little services the County and state may offer. This group in Albemarle County is increasing in size each year. These citizens are represented in the reports that were recently published in the local papers where it stated that there was an increase in the number of County residents receiving food stamps. As a county, we must come to terms with this population of citizens, and as a Board, he sees it as providing leadership in solving these problems. He believes the solutions to these problems will only come about if this Board, County government and schools are creative in finding ways to break the cycle of poverty that now exists in Albemarle County. There must be adequate funding from Albemarle County to help the solutions that a creative staff may develop. Additional funding of the 1994-95 budget should be provided to social services, schools and law enforcement. At the same time, this Board should consider directing these different groups to study combining resources and ideas to develop a uniformed front in dealing with these problems. If the citizens of Albemarle County do not pay now for the services these people need, it will pay ten times more in the years to come for prisons. People who do not have adequate education, children having children, and all of the other social ills that are affecting a part of the population will increase the local funding necessary to meet the needs of these people. Mr. Ray Wirth, member of the Coalition for Tax Equity, said as the Board begins to work on the 1994-95 County budget, the Coalition invites the Board's attention to several issues that are of concern early in the budget process. First, the Coalition feels it is important that the public receive early and accurate information about budget plans. The Coalition feels it is important that the amount the Board proposes to spend and how much that amount is over the last budget be presented. In Mr. Tucker's letter to the Board dated March 3, 1993, forwarding the proposed 1993-94 budget, he recommended a total spending of $96.5 million which he compared to the previous year's budget "spending of $92.5 million, the percentage increase is 4.3 percent which compares favorably with inflation and gives some comfort to the public that things are under control," but, in fact, Mr. Wirth said, the spending budget adopted the previous year by the Board was not $92.5 million, but rather $90.5 million. Therefore, the current year's proposed spending was actually 6.7 percent higher than the past year and this does not compare favorably with inflation. The lower percentage figure was repeatedly shown in County documents and received wide coverage in the press. The Coalition does not feel the public was well served by this release of information. The Coalition urges the Board to compare apples to apples this year by comparing last year's adopted budget to this year's proposed budget. The proposed adjustment of tax rates last March of an one cent increase in real property and a two cents decrease for personal property represented a net increase in taxation of $356,000 on top of the tax increase due to the increased assessments. Again, the Coalition feels the public was not served by this "tinkering" of tax rates. Mr. Wirth said last year's budget contained average base line increases of 2.6 percent. The Coalition sees this as departments and agencies being given increases over the previous year automatically. The Coalition feels the Board should cap spending at current levels, permitting no increases unless well-justified. The Coalition also feels that the County is enduring fiscal stress. The County's debt is approaching $50.0 million and nearly $6.0 million per year is spent to service that debt. Two weeks ago, the Board authorized Mr. Tucker to borrow $11.9 million from the Virginia Public School Authority (VPSA) to fund items in the most recently approved Capital Improve- ments Program (CIP), however, $453,000 of that borrowing is for items in the Parks & Recreation section of the CIP, not the education section. The Coalition feels this is significant for several reasons. First, it shows a lack of precise and clear accounting. If the $453,000 is for playground equipment to be paid for with school bonds, it should be accounted for as school equipment. The Planning Commission concurs, saying "CIP projects should be submitted by their prime user." Secondly, it suggests the possible October 20, 1993 (RegularNight Meeting) 000191 (Page 12) opportunity for consolidation of functions in County government. If parks and education items can be mingled in the cIP, Why are there separate maintenance functions in these areas. The Coalition feels these two divisions could be combined, with a Single set of managers and enjOy economies of scale. Finally, this borrowing includes several roof replacements, carpet replace- ments, door replacements and other items of a maintenance and repair nature. The Coalition agrees completely with the Planning Commission when a member stated ,,maintenance and repair items should be funded by the respective maintenance and repair budget of the user." Mr. Wirth said the Coalition has written to the Board about the proposed $18.0 million in elementary school construction and expansion. The Coalition notes that the Planning Commission refused at its October 5, 1993, meeting to consider school-related projects due to "the lack of comprehensive analysis and calculation of need." The Coalition agrees completely with that state- ment. The Coalition's goal is to invite the Board's attention to important issues and to be responsible citizens. Mr. Tom Loach, president of the Crozet Community Association, said the Association has been working hard with the Planning Commission to insure that the future of Crozet is bright. He feels that the Association is a step ahead of the County in regard to the earlier discussions concerning innovative ideas for the community. The first thing the Association did was a community-wide survey. The results became clear that people liked the small town environment of Crozet (87 percent said that is what they like the most about Crozet) and they want to preserve the small town feeling. The next thing the Association did, with these results in mind, was to go to the University of Virginia and look at the new traditional village concept of planning for Crozet. A professor from Crozet talked with the Community Association about this concept. The Association feels it is an innovative idea and the Planning Commission has been quite receptive. He hopes that the Board Will consider the request for a village in Crozet. Ms. Kathryn Cross, Charlottesville representative for WVPT, said WVPT public television represents a number of quality programs and much more. WVPT is not petitioning the Board of Supervisors for funding so that it can continue to entertain the citizens of Albemarle County, but to highlight WVPT's commitment to education and the Charlottesville/Albemarle community. It is for these programs and projeCts that WVPT needs and feels it deserves Albemarle County's financial support. Over the past two years, WVPT has provided 22 child care centers in Charlottesville/Albemarle with training and materials on how to incorporate the PBS program, "Mr. Roger's Neighborhood," in the preschool curriculum. This program provides an opportunity for child care providers to have a quiet time during the busy day of the preschooler. It can act as a catalyst for discussion with the children about their concerns and issues (i.e. beginning kindergarten, having their tonsils removed, parents divorcing, family member dying). Each child care center is provided with a Mr. Roger's plan and play book which outlines discussion topics and activities to accompany each program. The child care provider can choose to air the program daily or video tape episodes and air them at an appropriate time. This summer, WVPT's station mascot, Cubby the Bear, visited eight local child care centers to participate in Mr. Roger's activities from the plan and play book and encouraged the child care providers and the parents to take advantage of this important resource. She thinks this project exemplifies WVPT's commitment to community service. WVPT is a non-profit organization serving 16 counties. WVPT has had a satellite office in Charlottesville for three years. She is in Charlottesville four days per week and receives calls from viewers and members in the community regarding concerns, comments and request for programs. WVPT receives funding from the Federal Government, State of Virginia, corporate local underwriters, fundraising events and contributions from individuals in the community. Over the past few years, WVPT's federal and state funding have been severely cut and WVPT has been forced to turn to individuals in the communities that it serves for increased support. She urges the Board to seriously consider WVPT's funding request this year. There being no further comments from the public, the public hearing was closed. Mr. Bowerman thanked everyone for their input and said a memo on Budget Guidance from the County Executive will be discussed by the Board at the November 3, 1993, meeting. Agenda Item No. 9a. Discussion: Reconsideration of action taken on C. Todd Shields, ZMA-93-09 and SP-93-20. In the absence of Mr. Marshall, this item was deferred until November 3, 1993. Agenda Item No. 10. Approval of Minutes: May 13(A), and November 4, 1992; July 14, August 18 and October 11, 1993. Mr. Perkins had read the minutes of July 14, 1993, pages 8 (at Item 10) through page 33 and found them to be in order. Mr. Bowerman had read the minutes of October' 11, 1993, and found them to be in order. 000 9 October 20, 1993 (Regular Night Meeting) (Page 13) Motion was offered by Mr. Perkins, seconded by Mr. Martin, to approve the minutes as read. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall. Agenda Item No. 11. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker said the name of the voting delegate has to be submitted to Virginia Association of Counties (VACo) for the annual meeting in November. He requested that the Board select a delegate and an alternate delegate to represent Albemarle County. Motion was offered by Mr. Martin, seconded by Mr. Bain, to appoint Mrs. Humphris as the voting delegate for VACo's 1993 Annual Meeting and to appoint Mr. Bowerman as the alternate delegate. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall. Agenda Item No. 12. Adjourn. With no further business to come before the Board, the meeting was adjourned at 9:35 p.m. Chairman