1993-11-17November 17, 1993 (Regular Night Meeting)
(Page 1)
000239
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on November 17, 1993, beginning at 7:00 P.M., Room 7,
County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte
Y. Humphris, Mr. Forrest R. Marshall, Jr. and Mr. Walter F. Perkins.
ABSENT: Mr. Charles S. Martin.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, George R. St. John, and Director of Planning and Community Develop-
ment, 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. There were none.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs.
Humphris, seconded by Mr. Bain, to approve Items 5.1, 5.2, 5.3, 5.4 and 5.4a,
and to accept the remaining items on the consent agenda as information.
(Discussions are included with the individual items.) Roll was called, and
the motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Item 5.1. East Rivanna Volunteer Fire Company - Parking Expansion. It
was noted that this Fire Company has occupied its new facility for about a
year. The 6.0 acre parcel was deeded jointly to the Fire Company and the
County as a proffer of the Glenmore rezoning. Due to attendance at bingo
games and rental functions, the existing parking lot has proved to be inade-
quate. East Rivanna's Board of Directors and its Building Committee Chairman
have requested use of an additional 1.5 acres for expansion of the parking
area either by deed or easement. Since the property transfer from Glenmore's
developer is necessary regardless, this request can be accomplished by deeding
the property to the County and leasing it back to the Fire Company. The lease
can address a shared future use or termination of the lease should a future
public facility need continuous use of the parking. The Fire Compan~ woUld be
required to obtain site plan approval for the expanded parking area. All
expenses would also be the responsibility of the Fire Company. Staff recom-
mends approval of the request.
Mrs. Humphris asked if there is anything that can be learned from this
experience, as far as what was known of the building's use from the time of
construction and planning. Mr. Tucker said he does not think it could have
been anticipated that the activities would have been as successful as they
have been. He said Fire Company officials would like to increase their fund-
raising ability, and in doing so, have found they will need additional
parking. He went on to say that the County Attorney has suggested instead of
allowing this by deed or easement, there be an agreement which would give the
Fire Company permission to use the additional 1.5 acres.
Mrs. Humphris said she just wondered since this request happened so soon
after the facility was built, if this need could have been foreseen at the
beginning of the process. She was also questioning if this is something that
should be dealt with in the future with other requests. She is aware that
this facility is a much needed building for other things, as well as bingo.
Mr. Bain commented that the Board should know about the public uses of
these facilities when they are being planned. He said an additional one and
one-half acre of parking is a lot for a fire station. He thinks such things
should be considered differently in the future.
Mr. St. John said he believes it is better planning to give permission
to the Fire Company for the parking that is needed. He explained that if a
lease is entered into for a certain length of time with Fire Company offi-
cials, then the parking lot cannot be used by anybody else during that time.
He thinks there should be as much flexibility as possible with this agree-
ment. He asked that the Board allow this flexibility to the staff and not
mandate the entire 1.5 acres be leased to the Fire Company.
Mrs. Humphris remarked that the Board needs to know if a fire station is
just going to be used as a fire station, or if it is going to be used as an
activity center. She noted that an activity center might be a much greater
attractor than anticipated, as far as a particular neighborhood is concerned.
Mr. Bain asked if the facility is being used for activities other than
fundraising for the Fire Company. Mr. Tucker replied that this facility is
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November 17, 1993 (Regular Night Meeting)
(Page 2) .,:~ .
rented out for other uses, and th~ ~ ~i~nha Volunteer Fire Company has
been getting revenue from those rentals. He said the Board needs to consider
how much these types of activities should be limited, because outside activi-
ties are how the volunteer fire departments exist. Mrs. Humphris concurred,
but added that she thinks the Board needs to plan for certain things in the
beginning of the process.
Mr. Bain noted that the facility is sometimes used every day of the
week, in addition to the Fire Company's usage. This is not something that was
projected previously.
Mr. Bowerman said this is a substantially greater request for use than
any other Fire Company has made. Until this request came forward, the Board
had no reason to plan for more parking than was evidenced by other volunteer
fire companies.
Mrs. Humphris pointed out that the East Rivanna facility was built just
for such activities. That is why she is questioning the amount of parking that
was originally approved. She emphasized that even though the facility was
built for this purpose, the parking did not equate to the usage.
Mr. Bain stated that he does not want to deed the property to the Fire
Company. He pointed out Mr. St. John's suggestion that an agreement be estab-
lished whereby the Fire Company can use the additional property.
Mr. St~! John explained that the deed is to the County, so the County
officials can decide whether to lease the property to the Fire Company or just
have an agreement.
By the recorded vote shown above, staff was directed to facilitate the
request from the East Rivanna Volunteer Fire Company for the use of approxi-
mately 1.5 acres for expansion of the parking area, whereby the property would
be deeded to the County and leased to the Fire Company.
Item 5.2. Adopt Performance Bond Resolutions for acceptance of subdivi-
sion roads completed under defaulted bonds into the State Secondary System of
Highways. It was noted that over the course of the past year, the County has
performed work on the completion of roads serving Langford and Mechums West
subdivisions. Although Springwood Drive has not yet been completed, the bond
has been called so the work will be performed largely with defaulted bond
funds. Since all of these roads will be public, performance bonds must be
secured for a period of one year from the date of acceptance by the Virginia
Department of Transportation. In lieu of surety, VDoT will accept a resolu-
tion for each of these projects.
By the recorded vote shown above, the following resolutions were
adopted, as recommended by staff.
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the Board of Supervisors hereby guarantees
to the Virginia Department of Transportation, for a period of one
year from the date of acceptance into the Secondary System of
Highways, Montgomery Lane and Pippin Lane against defective
materials and/or workmanship up to a maximum of $7,500.
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the Board of Supervisors hereby guarantees
to the Virginia Department of Transportation, for a period of one
year from the date of acceptance into the Secondary System of
Highways, Springwood Drive against defective materials and/or
workmanship up to a maximum of $7,500.
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the Board of Supervisors hereby guarantees
to the Virginia Department of Transportation, for a period of one
year from the date of acceptance into the Secondary System of
Highways, Mechums West Drive against defective materials and/or
workmanship up to a maximum of $7,500.
Item 5.3. Copy of the Thomas Jefferson Planning District Commission's
1994 Legislative Packet. Staff's review of this program indicates that there
are no substitutive differences between TJPDC's legislative package and the
County of Albemarle's legislative program.
Mrs. Humphris said since this legislative packet is being given to the
Board for approval, she is concerned about the section under "Economic
Development" on page eleven. She pointed out that there are certain things in
this program that cost money. She wondered whether approving this packet
would mean the Board is approving these money items.
Mr. Tucker responded that the Board can accept the TJPDC's legislative
packet without being concerned about funds which might be involved in the
future. He noted that the Board has approved such packets in the past. He
explained that this year, it was requested by the TJPDC officials that all
November 17, 1993 (Regular Night Meeting) 00024~
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localities approve the packet. It has b~h this Board's position in the past
to just accept the packet and then it becomes a part of the County's legisla-
tive packet. If this is done', it will give TJPDC officials some concurrence
of acceptance from the localities.
Mrs. Humphris then called attention to the section entitled "Local
Government Structure and Laws" on page seven, where it is recommended that
Virginia Retirement System (VRS) coverage be extended to local boards of
supervisors. She is uncertain if this recommendation is meant to be mandated,
but she recalled that this Board decided it did not want to participate in the
VRS coverage. There are other such things scattered throughout the legisla-
tive packet. She emphasized that it is fine with her if this Board accepts
the complete packet, but she does not want to approve it.
Mr. Bowerman pointed out that the Supervisors have their own legislative
packet which differs in detail from the TJPDC packet, as well as VACo's
legislative packet.
Mr. Bain said the Supervisors would only be approving the acceptance of
the legislative packet.
Mr. Marshall commented that there are a lot of things in this packet
with which he does not agree.
Mr. Bowerman said the record can show it is the intent of the Board to
accept the TJPDC legislative packet for information only.
By the recorded vote set out above, this item was accepted.
Item 5.4. Statements of Expenses from the Department of Finance,
Sheriff, Commonwealth's Attorney, Regional Jail and Clerk of the Circuit Court
for the month of October, 1993, were approved as presented by the recorded
vote set out above.
Item 5.4a. Adopt Resolution authorizing Circuit Court Clerk to close
her offices on December 24 and December 27, 1993. Mr. Tucker said a resolu-
tion is necessary in order for Mrs. Shelby Marshall to obtain a court order
allowing her to close her offices.
By the recorded vote shown above, the following resolution was adopted:
WHEREAS, the Clerk of the Circuit Court of Albemarle County
has requested that this office be allowed to close on the same
Christmas holiday (December 24 and December 27 for 1993) as the
offices of the County; and
WHEREAS, the County Executive of Albemarle County has
recommended that the Albemarle County Board of Supervisors approve
such request;
NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Circuit
Court's request is hereby granted by the Albemarle County Board of
Supervisors.
Item 5.5. 1993 Third Quarter Building Report prepared by the Department
of Planning and Community Development, received as information.
Item 5.6. Copy of memorandum dated October 20, 1993, from Mr. Forrest
D. Kerns, Charlottesville Housing Foundation, to Mr. Robert W. Tucker, Jr.,
County Executive, and Mr. David Benish, Chief of Community Development, re:
Crozet Crossing. Mr. Kerns noted that eight families are living in their
homes and contracts have been signed for a total of 19 homes. The Selection
Committee met on October 11 to designate sale of homes to additional families.
The Blue Ridge Home Builders has invited the Charlottesville Housing Founda-
tion to show a Crozet Crossing house in this year's Parade of Homes as a non-
profit entry. The house was open on two weekends and one day for realtors.
There were 125 visitors from the area including people from Orchard Acres, the
Crozet community and the Charlottesville/Albemarle area.
The Crozet Crossing Community Association, Inc., met on October 18 for
its organizational meeting. A marketing representative from Virginia Power
talked to the homeowners about Energy Saver Homes and how to efficiently
operate a heat pump.
Item 5.7. Letter dated October 28, 1993, from Mr. Daniel P. Jordan,
Executive Director, Monticello, Mr. Will Rieley, Rieley & Associates, and Mr.
Peter Hatch, Director of Gardens and Grounds, re: notice from VDoT that
Monticello was awarded $1.5 million in ISTEA enhancement monies for construc-
tion of the first phase of the Thomas Jefferson Parkway. The two-mile bicy-
cle/hiking trail will serve as a bridge between Monticello and the local
community. The 175-acre tract will evolve into a community park for citizens
of Albemarle County and beyond. Mr. Jordan notes that on the 250th anniversa-
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November 17, 1993 (Regular Night Meeting)
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ry of Thomas Jefferson's birth, t~ ~R~ay is an appropriate gift to the
citizens of Central Virginia and the nation.
Item 5.8. Letter dated October 12, 1993, from Mrs. Ginnie Decker,
President, League of Women Voters, re: Report entitled "A Waste of Energy."
Mrs. Decker urged the County to integrate energy efficiency considerations
into all aspects of local government operations and planning.
Mrs. Humphris wondered if the Supervisors should do something with this
report, instead of just receiving it.
Mr. Tucker responded that the staff has requested a report from the
Building Services Department as to some of the things that can be done in the
County office Building in addition to what is already being done to improve
the County management. The item might be included in the Capital Improvements
Program (CIP) for this fiscal year, but, if not, then it will be included in
the next fiscal year.
Item 5.9. Letter dated November 5, 1993, from Mr. Ray D. Pethtel,
Commissioner, Department of Transportation, along with copy of Final Alloca-
tion of Funds for Fiscal Year 1993-94; and Revised Six Year Improvement
Program, Fiscal Years 1993-94 through 1998-99, for the Interstate, Primary,
Urban and Secondary Highway Systems, Public Transit, Ports and Airports,
received for information.
Mrs. Humphris suggested that the Canterbury Hills Neighborhood Associa-
tion be represented on the Bypass Advisory Committee given the change in the
North Grounds connector and the interchange. There had been no indication
that Canterbury Hills would be impacted, but with this change, the situation
is different. The committee had two meetings so it is already involved in the
process of trying to make sure VDoT is made aware of the concerns of the
subdivisions, businesses, schools, etc., which will be impacted by the
construction of the Western Bypass.
Item 5.10. Copy of Planning Commission minutes for October 19 and
October 26, 1993, received for information.
Item 5.11. Letter dated November 9, 1993, from Mr. D. S. Roosevelt,
Resident Engineer, Department of Transportation, to Ms. Jo Higgins, County
Engineer, re: Mill Creek Industrial Park (Project 1000-002-246, M501), noting
that the Department has approved the industrial access agreement for this
project dated September 1, 1993, received for information.
Mrs. Humphris asked what was meant by the second paragraph of this
letter in which Mr. Roosevelt stated "VDoT officials were awaiting the comple-
tion of work which remains the County's and the developer's responsibility."
Mr. Tucker answered that the completion of work for this project is
developer's responsibility. In order to accept the funds, someone had to be
held responsible, so the County officials agreed to be responsible. He noted
that the County holds a bond for the developer to complete the work.
Item 5.12. Arbor Crest Apartments (Hydraulic Road Apartments) Bond
Program Report and Monthly Report for October, 1993, received for information.
Item 5.13. Abstract of Votes cast in the County of Albemarle, Virginia,
at the November 2, 1993, General and Special Elections, received for infor-
mation.
Item 5.14. 1992 Development Activity Report as prepared by the Depart-
ment of Planning and Community Development, received for information.
Item 5.15. Memorandum dated November 12, 1993, from Mr. Forrest D.
Kerns, Charlottesville Housing Foundation, to Mr. Robert W. Tucker, Jr.,
County Executive, and Mr. David Benish, Chief of Community Development, giving
a status report on the Crozet Crossing project, received for information.
Mr. Bowerman suggested that the Board discuss the next four items
relative to agricultural and forestal districts concurrently.
(Mr. St. John left the meeting at 7:19 p.m.)
Agenda Item No. 6. Public Hearing on an ordinance to amend and reenact
Section 2.1-4, of Chapter 2.1, Agricultural and Forestal Districts, of the
Code of Albemarle, by the addition of a subsection (u) to be known as the
"Pasture Fence Mountain Agricultural and Forestal District." (Advertised in
the Daily Progress on November 4 and November 11, 1993.)
000243
November 17, 1993 (Regular Nigh~ Meeting)
(Page 5)
Agenda Item No. 7. Public H~±~: off ~n ordinance to amend and reenact
Section 2.1-4, of Chapter 2.1, Agricultural and Forestal Districts, of the
Code of Albemarle, by the addition of a subsection (v) to be known as the
"North Fork Moorman's River Agricultural and Forestal District." (Advertised
in the Daily Progress on November 4 and November 11, 1993.)
Agenda Item No. 8. Public Hearing on an ordinance to amend and reenact
Section 2.1-4, of Chapter 2.1, Agricultural and Forestal Districts, of the
Code of Albemarle, in subsection (q) known as the "Sugar Hollow Agricultural
and Forestal District." (Advertised in the Daily Progress on November 4 and
November 11, 1993.)
Agenda Item No. 9. Public Hearing on an ordinance to amend and reenact
Section 2.1-4, of Chapter 2.1, Agricultural and Forestal DiStricts, of the
Code of Albemarle, in subsection (f) known as the "Kinloch Agricultural and
Forestal District". (Advertised in the Daily Progress on November 4 and
November 11, 1993.)
Mr. Cilimberg summarized the staff reports which are on file in the
Clerks office and a part of the permanent record of the Board. He noted that
the staff, the Advisory Committee and the Planning Commission recommended
approval of all four requests.
Mr. Bowerman opened the public hearing.
Mr. Kevin Cox asked if the information relative to these districts
includes division rights and development potential of the parcels. Mr.
Cilimberg responded the staff does not calculate that information. He added
that when property joins an agricultural/forestal district, development rights
are suspended for the period of time the land is included in the district, and
the land can only be divided into 21-acre parcels.
Mr. Cox stated that he understands agricultural/forestal districts are a
tradeoff between the County and the property owners. The landowner gives up a
certain control of the property and the County gets the preservation of the
land. He noted that, in return, the landowner gets a break on taxation, as
well as some relief from government condemnations and easements. He knows
there are some properties in agricultural/forestal districts which have no
development potential or division rights. The County is allowing some proper-
ties to be taken into agricultural/forestal districts when it is getting
nothing in return. In fact, the County is paying more because these parcels
automatically become eligible for use value. He then mentioned properties
which are already protected from development by the Zoning Ordinance, the
Subdivision Ordinance, topography or the lack of division rights. A piece of
property may have a high fair market value, but it is being put into a program
which reduces the taxing dramatically on that parcel and shifts the tax burden
to ineligible property owners. He emphasized that the development potential
of these sites should be examined before they are included in an agricultur-
al/forestal district.
Mr. Bowerman asked if this question relates to open space, or is it
dealing with agricultural and forestal land where there is a productive use
for forestry or agriculture. Mr. Cox replied that his question relates to
open space, as well as agricultural and forestal lands, including productive
properties. His question is whether or not County officials know the develop-
ment potential of such properties. He knows of properties which are in
productive agricultural use now that are going to be developed within the next
ten years.
(Mr. St. John returned at 7:26 p.m.)
There was no one else who wished to speak, so Mr. Bowerman closed the
public hearing.
Mr. Cilimberg said two of the parcels are not currently in use value.
He noted that one of the two is not going into use value because it is too
small, even though it is being added to the agricultural/forestal district.
However, this property could combine with another parcel. The other parcels
would be eligible for agricultural or forestal use value whether or not they
were included in a district. Additionally, they could be eligible for open
space use value by being included in the agricultural/forestal district.
Motion was then offered Mr. Perkins, seconded by Mrs. Humphris, to adopt
the following ordinance to amend and reenact Section 2.1-4 of the Code of
Albemarle by the addition of a subsection (u) to be known as the "Pasture
Fence Mountain Agricultural and Forestal District" Roll was called and the
motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
November 17, 1993 (Regular Night Meeting)
(Page 6)
000; 44
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS
IN SECTION 2.1-4, DISTRICTS DESCRIBED
BE IT ORDAINED by the Board of Supervisors of Albemarle
County~ Virginia, that Section 2.1-4 of Chapter 2.1, Agricultural
and Forestal Districts, of the Code of Albemarle be amended and
reenacted by the addition of a subsection (u) to be known as the
"Pasture Fence Mountain Agricultural and Forestal District"
described as follows:
(u)
The district known as the "Pasture Fence Mountain
Agricultural and Forestal District" consists of the
following described properties: Tax map 13, parcels
1, 4, 8, 10 and 12.
Motion was offered by Mr. Perkins, seconded by Mrs. Humphris, to adopt
the following ordinance to amend and reenact Section 2.1-4 of the Code of
Albemarle by the addition of a subsection (v) to be known as the "North Fork
Moorman's River Agricultural and Forestal District" Roll was called and the
motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS
IN SECTION 2.1-4, DISTRICTS DESCRIBED
BE IT ORDAINED by the Board of Supervisors of Albemarle
County, Virginia, that Section 2.1-4 of Chapter 2.1, Agricultural
and Forestal Districts, of the Code of Albemarle be amended and
reenacted by the addition of a subsection (v) to be known as the
"North Fork Moorman's River Agricultural and Forestal District"
described as follows:
(v)
The district known as the "North Fork Moorman's River
Agricultural and Forestal District" consists of the
following described properties: Tax Map 4, parcels 1,
2, 3 and 4.
Motion was offered by Mr. Perkins, seconded by Mrs. Humphris, to adopt
the following ordinance to amend and reenact Section 2.1-4 of the Code of
Albemarle in subsection (q) known as the "Sugar Hollow Agricultural and
Forestal District". Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS
IN SECTION 2.1-4, DISTRICTS DESCRIBED
BE IT ORDAINED by the Board of Supervisors of Albemarle
County, Virginia, that Section 2.1-4 of Chapter 2.1, Agricultural
and Forestal Districts, of the Code of Albemarle be amended and
reenacted in subsection (q) known as the "Sugar Hollow Agricultur-
al and Forestal District" as follows:
(q)
The district known as the "Sugar Hollow Agricultural
and Forestal District: consists of the following
described properties: Tax map 25, parcels llC, 12,
13, 14, 14A, 14C, 18, 21, 2lA, 24, 25, 27, 28; tax map
26, parcels 5A, 9, 10B, 19, 40B, 40C, 4lA, 44, 52,
52D; tax map 27, parcels 8, 26; tax map 39, parcels 2,
2A, 3, 4 (part) ; tax map 40, parcel 1 (part).
Motion was offered by Mr. Perkins, seconded by Mrs. Humphris, to adopt
the following ordinance to amend and reenact Section 2.1-4 of the Code of
Albemarle to amend and reenact subsection (f) known as the "Pasture Fence
Mountain Agricultural and Forestal District" Roll was called and the motion
carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
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November 17, 1993 (Regular Night Meeting)
(Page 7)
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT
CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS
IN SECTION 2.1-4, DISTRICTS DESCRIBED
BE IT ORDAINED by the Board of Supervisors of Albemarle
County, Virginia, that Section 2.1-4 of Chapter 2.1, Agricultural
and Forestal Districts, of the Code of Albemarle be amended and
reenacted in subsection (f) known as the "Kinloch Agricultural and
Forestal District" as follows:
(f)
The district known as the "Kinloch Agricultural and
Forestal District" consists of the following described
properties: Tax map 65, parcels 7, 7A, 8, 84A, 86,
89, 90, 91, 9lA, 92, 93, 93A1, 94,~ 100, 121,~ 12lA; tax
map 66, parcels 2, 3C, 32, 32D, 34 (Albemarle part
only), 34B.
Agenda Item No. 10. Request from the Children and Youth Commission for
funding of a Teen Center site on Westfield Road.
Mr. Tucker said that on December 11, 1992, the Charlottesville/Albemarle
Children and Youth Commission (CACY) presented a formal proposal to the Board
of Supervisors and Charlottesville City Council concerning the establishment
of a Teen Center. At that time, several sites were being investigated, but
none were recommended. It was requested, however, that each locality appro-
priate funds to hire a Teen Center Director who would continue the site search
and begin working with local teens to develop a Teen Council and teen activi-
ties. The Board and Council appropriated equal shares of $11,680 to fund the
request for the remainder of FY 92-93.
The selection of a Teen Center Director took longer than anticipated,
but eventually Ms. Amy Smith was hired and she began work on September 7,
1993. The delay in hiring resulted in an end-of-year balance of $11,608 in
the Teen Center budget, and the CACY Commission requested that this amount be
reappropriated into FY 93-94 to defray additional costs in the event a Teen
Center site was found. The FY 93-94 budget for the Teen Center is $34,535,
funded equally by the City and the County. The operating budget request
included $73,190 to be placed in a contingency account in the event a site was
not found. The contingency request was not funded.
Mr. Tucker said the Teen Center Steering Committee has located a site on
Westfield Road in the County. The site is located on the City's bus line.
Estimated costs of renovation are $7000 which are minimal when compared to the
other sites considered. The rental fee for 2700 square feet of space will not
exceed $24,000 a year ($8.88 sq. ft.). Final negotiations on rent will begin
if Board and Council approve funding for the site. One-half of the funds
necessary to purchase initial capital items will be sought through donations.
Mr. Tucker said if the Board and Council still support a central Teen
Center site, as recommended by the CACY Commission, funding for this site
should be approved. The County's share of this funding for the remainder of
FY 93-94 is $20,035 including use of the carry-over funds. Since the County
is fiscal agent for the Teen Center, the Board would need to appropriate the
total $40,069, with the City reimbursing the County for its share.
Mr. John Dawson said the original funding request was to hire a director
and acquire office space. Approximately 100 people applied for the director's
position and extensive interviews were held. It was felt that the success of
the program hinged on the quality of the leader who would be selected. Teen
Center representatives have been careful with expending the funds appropriated
by the Supervisors. Mr. Dawson said the more public support that can be
generated, the more likely the program will succeed and be self-sufficient in
terms of activities to raise money. He also mentioned that fees will be
charged for snacks, etc. The youth are in charge of this program, and once
the director was hired, the first thing she did was to form the Youth Council.
He then introduced Ms. Amy Smith. Ms. Smith has a Master's Degree and quite a
bit of experience organizing youth activities.
Ms. Smith thanked the Supervisors for allowing her the opportunity to
speak. She began work at the Teen Center on September 7, 1991 and since that
time, she has coordinated a Teen Council which consists of two teens from each
of the public and private high schools in the City and County. She noted that
there are two teens in the audience who are going to speak tonight; one is
from Western Albemarle High School and the other is from Albemarle High
School. She mentioned that the Teen Council is fundamental in the operation
of the Teen Center. The Council meets once a week and discusses programming
ideas for the Center. This information is included in the Supervisors'
packets, but she gave a brief overview of some of the things the teens have
developed for the Center. The Center is a place to hang out, play games,
gather and talk, and a place for instructional classes, i.e, karate, dance,
art and photography. The staff will try to implement whatever programs the
teens indicate they would like to see. She said tutoring will be provided in
areas such as foreign languages, math and computers, etc.; and on Friday and
Saturday nights, dances will be held, as well as talent shows, battle of the
bands, comedy shows and other such activities. Ideas from the students in the
-' 000246
November 17, 1993 (Regular Nigh~ Meeting)
(Page 8)
different schools and from teens in the area will be brought to the Council.
These ideas will be discussed and decided which ones will be used for pro-
grams.
Ms. Smith said the Steering Committee visited three teen centers in
Virginia; one in Fairfax County; one in Fredericksburg and one in Warrenton.
She did research to see how a teen center could succeed and found that the
main ingredient for success is an active Teen Council. If this money is
appropriated, the Teen Council will be active, and the teens will run the
program. This means the program will never get outdated and activities will
not be provided that the teens do not want. She said the hours of operation
are Monday through Thursday from 3:00 p.m. to 9:00 p.m.; Fridays from 3:00
p.m. to midnight; and Saturdays from 2:00 p.m. to midnight. The building will
be in use during other hours for teen meetings, boy and girl scout meetings,
and by any other teen or youth organizations looking for meeting space. The
Teen Center will have a relaxed atmosphere with arcade games and couches.
She mentioned that the building site being considered is on Westfield
Road and has 2,700 square feet. It is felt that this is adequate space for
the activities which will be provided. She noted that renovations to this
building are very moderate compared to the other sites considered, and the
cost is low. Ms. Smith said windows will be installed in each of the class-
rooms for better lighting and supervision. She hopes to get the Charlottes-
ville-Albemarle Technical Education Center (CATEC) students to help with the
renovations, as well as the Center's teens. Exterior lighting will be added
to the parking lot for better supervision and to decrease trouble there,
because that is where most trouble occurs. An information desk will be added
at the door. The teens will be carded and they will have an identification
badge. The City's Parks and Recreation Department has offered to let the Teen
Center use its identification making machine, and the teens will purchase the
identification badge. The Council has already decided on a $10 membership fee
which is good for one year. With this membership there are ten free guest
passes to the Teen Center. She is also hoping local merchants will give the
teens a discount in their stores and restaurants.
The Teen Center representatives are requesting one-half of the money for
the television, vcr, stereo and other major purchases, because fundraising
will be held to raise the other one-half of the money. Ms. Smith said she
would try to answer any budget questions Board might have. She then intro-
duced Tracy Carter and Danielle Lambert, the two teens who wished to speak.
Ms. Lambert, a junior at Albemarle High School, said she felt it was an
honor to be able to serve on the Teen Council. She does not think the youth
in have a place where they can go and hang out. The Teen Center will provide
a safe sanctuary for the local young people and they can learn many things
because of the many programs. Teens from the City and County can get to know
each other at the Center. She hopes the Supervisors will find it in their
best interest to help fund the Teen Center site, because it is really needed
in this community.
Ms. Carter, a junior at Western Albemarle High School, said Westfield
Road was chosen because it is in a safe neighborhood and the building is in
good condition. She noted that only minor renovations will have to be done.
There are 34 parking spaces and street parking is available. The building is
handicapped accessible and it has handicapped accessible restrooms. This
building was also chosen because of its adequate space. There is also space
for a social area to get together with friends and for club meetings. There
is office space for the staff and storage for media equipment.
Mr. Pat Mullaney, Director of Parks and Recreation, said he was present
to answer any questions.
Mrs. Humphris asked what is the length of the lease for the Westfield
Road site. Mr. Mullaney said a two year lease is desired, but it has not been
finalized or reviewed by the County Attorney. He supposes a lease for the
rest of this year would be contingent upon funding and he is unsure if a two
year lease could be entered into at this time. He said because of the funding
situation, the staff will look to the County Attorney for advice.
Mr. Bain inquired if there is room for expansion with this property.
Mr. Mullaney replied that there is some more space within this building which
is currently being used for other purposes. The YMCA occupies the portion of
the building the Teen Center hopes to occupy. The YMCA will be moving to
another part of the building. He noted that there is other space in the
building, and Mr. Crickenberger could inform the Supervisors of the building's
square footage. Mr. Bob Crickenberger, Deputy Director of Parks and Recre-
ations, said there is a total of 3,900 square feet, but the Teen Center is
only asking for 2,700 square feet.
Mr. Bowerman asked if the use of the site has been reviewed by the
Planning Department for parking requirements and the anticipated need for
parking. Mr. Mullaney replied, "no." Mr. Tucker said this building was
designed for another type of use and the parking space is already in exis-
tence. He personally thinks parking will be a problem. Mr. Bowerman noted
that there is on-street parking in that location which can handle quite a bit
of parking.
November 17, 1993 (Regular Nigh~ Meeting) 000247
(Page 9)
Mr. Marshall wondered if some of the spaces at the Division of Motor
Vehicles could be used for after hours. Mr. Mullaney said it is not their
intent to hold dances, etc., at this site. Those such activities would be
programmed at satellite sites.
Mr. Bowerman remarked that he thinks the staff needs to consider the
parking at the Westfield Road site in terms of adequacy. Parking is his only
concern about the site. He then asked if the County staff had spoken to any
of the merchants in the area. He mentioned that there is a veterinary
hospital in the vicinity, as well as other uses, and he wondered if these
merchants were aware of any issues. Mr. Crickenberger replied that the neigh-
borhood has not been surveyed.
Mr. Bowerman said this site lies in the Charlottesville District. None
of the merchants or professional people have contacted him in any way, so he
assumes they are aware of the plans. Mr. Mullaney said a'survey of the
neighborhood could be done very quickly.
Mr. Perkins asked if the City has made a decision on whether or not to
support this plan. Mr. Tucker said City Council had its first reading this
past Monday night and basically approved the plan.
Mr. Marshall said some years ago, there was an old Midway Building where
his father graduated high school. In the basement of building, there was a
teenage club where the teens could gather and socialize. He looked forward to
reaching the age of 13 so he could start going to the club, and he stayed in
this club during all of his teenage years. The club kept the teenagers off
the street and gave them something to do. It was a great place for the teens
to go. He will support this request, because he thinks such a Center would be
fantastic. He emphasized that these teens will be tomorrow's leaders and
everything needs to be done to help them.
Mr. Bowerman commented that he is pleased with the public/private
partnership this Teen Center represents. He can see a lot of work has been
done by the private sector to underwrite some of the costs. He thinks it is a
good use of private and public dollars.
Mr. Bain said he knows how much work the CACY staff have put into this
Center. He also understands how much the director has done since she was
hired. This is something which has come to fruition, and he thinks it is
extremely important. He is sorry it took so long to get things worked out,
but when he sees the enthusiasm and the joint private/public support, he
thinks it is time to make this Teen Center a reality. He will support the
request.
Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to adopt
the following resolution of appropriation approving the request. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
FISCAL YEA~: 1993-94
NUMBER: 930041
FUND: GENERAL/TEEN CENTER
PURPOSE OF APPROPRIATION:
ADDITIONAL FUNDS FOR TEEN CENTER
OPERATION FOR FY 1993-94
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1421071017130000
1421071017210000
1421071017231000
1421071017232000
1421071017241000
1421071017270000
1421071017390002
1421071017510100
1421071017520300
1421071017520405
1421071017540200
1421071017600500
1421071017800100
1421071017800200
1421071017800660
1100071017700009
SALARIES-PART-TIME
FICA
HEALTH INSURANCE
DENTAL INSURANCE
LIFE INSURANCE
WORKER'S COMP
REFUSE
ELECTRICAL SERVICE
TELECOMMUNICATIONS
CABLE TV
LEASE/RENT-BUILDING
LAUNDRY & JANITORIAL SUPPLIES
MACHINERY/EQUIP-NEW
FURNITURE & FIXTURES-NEW
ALTERATIONS TO BUILDINGS
PARKS & REC-TEEN CENTER
TOTAL
$6,237.00
477.00
800.00
30.00
55.00
137.00
710.00
2,880.00
715.00
211.00
16,000.00
667.00
2,150.00
20.00
7,000.00
17,974.00
$58,043.00
REVENI/E
DESCRIPTION
AMOUNT
2421016000160502
2421016000160503
2100051000510100
CITY OF CHARLOTTESVILLE
COUNTY OF ALBEMARLE
GENERAL FUND BALANCE
TOTAL
$20,034.50
20,034.50
17,974.00
$58,043.00
November 17, 1993 (Regular Night Meeting)
(Page 10)
Agenda Item No. lla. Appropriation:
000; 48
Teen Center.
Mr. Tucker said the FY 93-94 budgets for the City and County allocated
funds to establish and operate the Teen Center. In order to properly account
for Teen Center operations, a separate fund is being established. The action
requested will authorize the County to expend City and County funds and
transfer the County's allocation to the Teen Center Fund.
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to adopt the
following resolution of appropriation approving the request. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
FISCAL YEAR: 1993-94
NUMBER: 930036
FIIND: TEEN CENTER
PURPOSE OF APPROPRIATION: ESTABLISHMENT OF TEEN CENTER FUND
BUDGET FOR FY 1993-94
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION
1421071017110000
1421071017160900
1421071017210000
1421071017221000
1421071017231000
1421071017232000
1421071017241000
1421071017270000
1421071017310000
1421071017360000
1421071017520100
1421071017520300
1421071017580505
1421071017600100
1421071017600200
1421071017601300
1421071017601700
SALARIES
SALARY RESERVE
FICA
VRS
HEALTH INSURAi~CE
DENTAL INSI/R3kNCE
LIFE INSURANCE
WORKER' S COMP
PROF SERVICES
ADVERT I SING
POSTAL SERVICES
TELEPHONE
SECURITY SERVICES
OFFICE SUPPLIES
FOOD SERVICE SUPPLIES
EDUC & REC SUPPLIES
COPY SUPPLIES
TOTAL
AMOUNT
$21,400.00
490.00
1,675.00
1,895.00
1,585 00
60 00
190 00
190 00
2,700 00
750 00
400 00
150 00
400 00
400 00
750.00
400.00
1,000.00
$34,535.00
REVENUE DESCRIPTION AMOUNT
2421016000160502
2421016000160503
CITY OF CHARLOTTESVILLE
COUNTY-TRANSFER FROM GEN'L FUND
TOTAL
$17,267.50
17,267.50
$34,535.00
Agenda Item No. llb. Appropriation: Haffner Equipment Co.
Mr. Tucker said Haffner Equipment was issued an Erosion Control permit
based on an approved Plan (%866). The work was not completed, so the bond was
called. The surety company submitted a check to the County in the amount of
$1125 which includes $750 for the work remaining, $225 for outstanding County
fees, and $150 for administration. In order to expend funds to finish the
work, the funds must be appropriated into an expenditure cost center.
Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to adopt the
following resolution of appropriation approving the request. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
FISCAL YEAR: 1993-94
NUMBER: 930039
FUND: GENERAL
PURPOSE OF APPROPRIATION:
FUNDING TO COMPLETE SOIL EROSION PLAN
AT HAFFNER EQUIPMENT SITE
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1100041000312371 HAFFNER EQUIPMENT SOIL EROSION
TOTAL
$1,125.00
$1,125.00
REVENUE DESCRIPTION
AMOUNT
2100019000199900 OTHER RECOVERED COST
TOTAL
$1,125.00
$1,125.00
(Mr. Bowerman left at 7:53 p.m.)
000249
November 17, 1993 (Regular Night Meeting)
(Page 11)
Agenda Item No. 12. Discussion: Corville Farm Subdivision, central
well system, request for funding.
Mr. Tucker said Mr. Joseph Casero owns and operates the community water
supply for the Corville Farm Subdivision (formerly the Tiffany Subdivision).
The system consists of three wells, but only two are currently operational.
The well yields have been dropping during the years Mr. Casero has owned the
system. The wells are not adequate to meet the increased water demand during
summer months. The third well is not operational due to system deterioration
since the 1970s when the well was drilled. The two wells serve 23 customer
connections. Mr. Tucker said Mr. Casero has requested assistance to upgrade
the third well to relieve the pressure on the two wells.
Mr. Tucker said the Executive Summary addresses four options available
to remedy this situation. Mr. Casero is requesting the first option which
would require a $5,000 one time payment from the County to assist in bringing
the third well on line. This would be approximately 50 percent of the cost of
the total job, which is estimated by Mr. Casero to be just over $10,000. Mr.
Casero has committed in writing that he will be responsible for future
maintenance of the system.
Mr. Tucker said this issue is somewhat unprecedented, although the
County Attorney did remind him that there have been a couple of situations
similar to this where people have requested funding. Mr. Tucker recalled a
situation in the Key West Subdivision, although that situation was somewhat
different because of the large customer base. He reminded the Supervisors
that, at time, the Board did not grant any type of financial assistance to
develop the Key West well system. He then indicated Mr. Casero and Ms.
Higgins, County Engineer, are present to answer questions.
(Mr. Bowerman returned at 7:55 p.m.)
Mrs. Humphris said she was not on the Board at the time the Key West
situation was discussed. She thought the problem in Key West related to the
costs because of increased Environmental Protection Agency (EPA) water quality
standards. This is a totally different situation.
Mr. Perkins asked about the water situation at West Leigh Subdivision.
Mr. Tucker said the wells in West Leigh ran dry, and the Albemarle County
Service Authority trucked water to fill the subdivision's existing tank. That
was done for quite some time, until water lines could be extended.
Mr. Bain wondered if there was any information about the output of the
wells in the Corville Farm Subdivision.
Ms. Higgins said Mr. Casero has all of the data on the two wells which
are now operating, as well as the history of the third well, if the Board
wants that information. She knows the Board is concerned about the number of
people in the County who might be in the same type of situation. There are 64
central well systems in the County which are licensed, and they are listed
according to the populations they serve. She pointed out that schools and
restaurants, etc., fall into this category. Ms. Higgins said there are 17
wells serving subdivisions, and there are two, other than Mr. Casero's, that
are in the process of connecting to the Albemarle County Service Authority's
jurisdictional service. Of the remaining 14 central well systems, there are
seven serving a population of less than 100 people; five serving 200 people or
less; one system serving 300 people; and one system serving 440 people. She
pointed out that systems similar to Mr. Casero's would involve populations of
less than 100. What is unique about Mr. Casero's request is that the lots are
so small in this subdivision that there is no way to go to another water
source, such as individual wells. She noted that the people in this subdivi-
sion are currently paying $18 per month for water, and there have been some
people who have not been able to pay their water bill. For some time Mr.
Casero has been faced with the financial burden of increasing the cost. Mr.
Casero is a user of the system, but representatives at the Health Department
and the State Water Control Board have recognized Mr. Casero's valiant efforts
not to increase the water bills as had been recommended during the different
reviews. Mr. Casero has done everything possible to keep the costs down
because it would be a great financial burden for the people in the subdivision
to have,to pay more for their water.
Mr. Bowerman asked Mr. Casero to comment on the history of the three
wells.
Mr. Casero said he would like to answer any questions the Board might
have, and he would start by discussing the yield of the wells in the Corville
Farm Subdivision. There are three wells on the property. One well is 360
feet deep and yields five gallons a minute; one well is 550 feet deep and use
to yield seven gallons per minute, but it now yields three and one-half to
three and three-quarters gallons per minute; and the third well, which is the
one he would like to put into service, is rated at ten gallons per minute.
The extreme cost of putting this well into service is what worries him. This
well was drilled in the 1970s, and it was allowed to deteriorate. The only
thing left of the well is the well head and one piece of pipe coming out of
it. He has spoken to Mr. Perkins and Ms. Higgins, and he (Mr. Casero) is
assuming the ten gallons per minute is still a valid flow. However, the other
wells over the last five years have decreased significantly. He thinks this
is due to the fact that before he took over the system, the wells were being
November 17, 1993 (Regular Night Meeting) 000ZS0
(Page 12)
pumped, and the water was running into the pastures. Since he took over the
system, water has actually been conserved. Most of the people in the subdivi-
sion have done their best to conserve water, although there are always one or
two who misuse the water. The majority of the people in this subdivision are
excellent people, and he considers it almost a moral obligation to maintain
the system. There is no incentive in it for him, he has never taken a salary,
and he has never even recuperated the money he put into the system. At the
end of the year, he usually has a loss. He has a fairly reliable supply of
water for his farm, which is the only benefit he gets out of the situation.
He mentioned that there are several people from this subdivision present, if
the Supervisors care to hear their opinions.
Mrs. Humphris asked if there is any storage available. Mr. Casero
responded, "yes." He has a 5,000 gallon tank which was just relined and
recoated, and it is in good working order. The present system is excellent,
and it has a dual capacity. He has spent a great deal of money acquiring
controls which will prevent what has been happening in the past. He mentioned
that this area gets fantastic surges during thunder storms, etc., and fine
controls have been installed which will monitor the submersible pumps, so if
there is any amperage variation, it will be noted immediately. Manual reset
relays have been installed on practically every line in the system. The
system had originally acquired a beautiful cistern, but it was not installed
as it should have been, although the County must have approved it, at one
time. This has caused him innumerable problems. He wanted to raise the
pressure so the last house in the subdivision would have good water pressure,
and the minute the pressure was increased, lines started breaking. He is
talking about 5,000 to 8,000 foot distributor lines. He would normally not
make such a request, and he has not made this request in the past. He has
operated the system since 1988 when he bought it from Mrs. Tiffany. He has
been continually putting any income he has made back into the water system,
but the cost of $10,000 this time is more than he can afford. If something is
not done by next summer, he is afraid there will be a very serious problem.
He mentioned that this summer, water had to be rationed in the subdivision.
The engineers in the Health Department cannot tell him why the volume flow is
decreasing, but he assumes it is because the water table in the general area
must be consistently dropping.
Mr. Bowerman asked if the speed in dropping of the volume flow has
leveled off recently. Mr. Casero replied that the speed of the decrease of
the water flow is approximately the same as it was at the end of October. He
has a system where one well will pump for a certain length of time, and then
it will go off the system. The second well will then start pumping. He has
checked and the water tank is~never full. It is three-quarters full most of
the time in the early morning, after it has been recharging all night.
Mr. Bain wondered if Mr. Casero has considered drilling other wells
which might be better than the third well. Mr. Casero responded that the
previous owner had drilled several other wells, but the drilling went to 300
or 400 feet without hitting any source of water. Mr. Casero noted that this
area has a hard rock formation, and there is very little water capacity. If
there was just one well with a good water volume, it would be perfect. He
reminded the Board members that there are only 23 customers on the system, so
the expenditure of the magnitude of drilling other wells cannot be passed on
to the people. These people cannot afford it, and it would be too expensive.
Mr. St. John recalled that when Mr. Tiffany built this system, he used
the water from this system on his farm. This subdivision was carved out of
his farm. He asked if Mr. Casero owns Corville Farm now and the surrounding
land that Mr. Tiffany owned. Mr. Casero answered, yes;" he owns the property
north of Interstate 64. Mr. St. John asked if he uses the water from these
wells for his farm. Mr. Casero replied that he does not have much choice,
because there is only one valve which controls his water, as well as the
subdivision's water. Mr. St. John asked if Mr. Casero's use of the water is
strictly domestic for his house. Mr. Casero replied, "yes;" his farm uses
conservation methods, and there are two streams for his cattle. Mr. St. John
asked if the water system is used for irrigation. Mr. Casero answered, "no."
Mr. St. John then asked if the water system is only used for the subdivision
and Mr. Casero's house. Mr. Casero responded that it would be unethical for
him to use the water for any purpose other than what is allowed in the
subdivision.
Mr. St. John stated that the reason he is asking these questions is
because the Board has to be careful about such an appropriation. He does not
want to influence the Board's decision on this matter, but as far as the legal
perspective is concerned, ordinarily it is not a lawful appropriation to
appropriate money to a private stock corporation. He stated Mr. Casero may
not be getting any profit from this system, but if it is a private stock
corporation, normally, it is not lawful for public monies to be contributed to
a private, for profit enterprise. If County money is appropriated, it has to
be done for a legitimate public purpose. He went on to say, however, that
this is a Situation which involves the health and welfare of the people in
these 23 houses, and there is no other way to resolve this, other than to
improve this system or connect to the ACSA's system. If the Board approves
this request, he would like to see the motion worded in those terms. He would
also like to find some way for the County to get credit for spending this
$5,000 in furtherance of moderate housing efforts. He asked if this would be
possible. This is an effort to protect the County against any suggestion that
November 17, 1993 (Regular Night Meeting) 0002~1
(Page 13)
the Board might be making an unlawful private appropriation to a private for
profit entity.
Mr. Bain asked if this entity could be converted to a nonprofit organi-
zation. This would take care of all of the legal hurdles. Mr. St. John
replied that he does not know the answer to that question. He would have to
look into this matter as he is not a corporate lawyer. He does not think this
would have to be done, if the matter relates clearly to the public health and
welfare issue.
Mr. Bain said it may not have to be done, but he pointed out that Mr.
Casero indicated he has never profited from the water system. Mr. Bain said
basically there is nothing to take out of the system given the nature of the
other homes located there. He thinks it should be declared a nonprofit
organization, if it is capable of being put into such a category. Mr. St.
John responded that he is unsure as to what the State-C0rporation Commission
(SCC) would require in order to do that.
Ms. Higgins stated that since the report went to the Board, the staff
has done further research. The SCC has a certain form that is in the mail to
the County now, and the staff will talk to Mr. Casero about this matter. If
this system changes to a nonprofit status, in the future there may be a way
for Mr. Casero to get some financial assistance. She said the assistance is
very limited, and there are a lot of things to go through, but there could be
some potential for Mr. Casero to get some funding.
Mr. St. John asked if Ms. Higgins is referring to State and Federal
funding for a nonprofit public water system. Ms. Higgins indicated that this
is what she was referring to, but she also mentioned there could be some
financial assistance for hardship cases. She reiterated that to get this
assistance, information has to be gathered in advance, there are a lot of
restrictions, and the availability of the assistance is limited. However, the
staff will assist Mr. Casero if he wants to consider these options for future
situations.
Not Docketed: At this time Mr. Bowerman pointed out that Boy Scout
Troop 114 from Ivy is in the audience. He said the Board appreciates their
attendance and he hopes they have gotten something out of this meeting.
Mr. Bain commented that he sees the public side of this issue, and he
would like to tie in the nonprofit aspect. If the system was converted to a
nonprofit use, he would feel better about considering a one time appropria-
tion. Even then, the Board could get into precedent setting issues. This is
a subdivision with pre-existing zoning, and the Board will probably face more
ramifications with this subdivision than others in the County. He would still
like to get the information on the nonprofit aspect of the issue.
Mr. Bowerman suggested that if Board members can agree they are favor-
ably inclined to try to work something out, then the discussion could be
deferred until there is further information from staff. He said more detail
needs to be given to the Supervisors so they know exactly the answers to the
questions which have been raised.
Mr. Casero stated that the one objection he would personally have to the
nonprofit status is the enormous paperwork. Even the SCC took compassion on
him and actually allowed him not to have to file a report, which is a 26 page
document with all kinds of information. He does not mind the annual report
because it is very easy to complete, and it relates to the improvements to the
system and the costs and expenditures which he has done religiously. He had
to pay for the company when he bought it from Mrs. Tiffany, and the improve-
ments he has put into it represents a significant amount of money. Whether or
not he gets some of this money back is yet to be seen. He said with a limited
base of 23 customers, working capital is not available to do all of the things
that are needed. He will be glad to discuss the form with Ms. Higgins when it
arrives to see what it involves, but he does not have the facilities of an
accountant, nor could he afford one, to prepare an annual nonprofit report.
Until now he has done all of the reporting himself, and it has complied with
the SCC, etc.
Mr. Sto John asked if Mr. Casero's company is actually a corporation.
Mr. Casero replied the company was purchased as a corporation because Mrs.
Tiffany had re-established it with the SCC. Mr. St. John asked if the company
has a corporate charter from the SCC. Mr. Casero answered, "yes." He is
bound by rules and regulations of the SCC, and he pays taxes on gross
receipts.
Mr. Bowerman said he is willing to try to resolve this issue, but Mr.
St. John has raised a point, and he understands the Board's concerns. Mr.
Bain has also mentioned some concerns which he (Mr. Bowerman) shares. If Mr.
Casero and Ms. Higgins can come back to this Board with something, then the
Supervisors can try to find out exactly what they are dealing with, and make a
good decision. Beyond this point tonight, he does not know what else can be
done~ except to agree to try to work something out that is acceptable to Mr.
Casero and the County can legally accept, if the Supervisors want to go
forward with this issue.
Mr. Casero mentioned that several people from the subdivision came
through the storm tonight, and they are hoping to be able to speak to the
November 17, 1993 (Regular Night Meeting) 0002S2
(Page 14)
Supervisors. He asked if the Supervisors would allow them to speak. Mr.
Bowerman indicated the Board would welcome any input from the citizens who
live in subdivision.
Ms. Ann Dunn said she has been a resident of the Corville Farm Subdivi-
sion for approximately eight years. The water supply was quite poor when the
Tiffanys owned the subdivision. Residents never knew whether or not they
would have water. This would be the process all summer. There would be no
warning as to when the water would be turned off, and no one would call to say
when the water would be turned back on again. Since Mr. Casero has taken over
the system, he has made upgrades and there was uninterrupted service until
this past summer. She remarked that, at that time, the water level had
dropped enough that the pumps ran continuously, and two pumps burned out. She
said the whole subdivision was without water, other than a couple of hours per
day when Mr. Casero would allow the tank to fill, and the residents would have
water for approximately one hour during the mornings and another hour during
the evenings. She emphasiZed that this went on for at least a week. She
thinks it is very important the Supervisors decide to do something because all
of the houses are on lots that are too small to accommodate a well, according
to the regulations set forth by the C°unty. Every h°me is dependent on this
well or another one like it, and to find another place to drill another well
will be close to impossible. If another well is drilled, it will, again, have
to be on Mr. Casero's land. She would like to see the Board members seriously
consider helping subsidize the water for these homes. The majority of the
homes are FHA homes, and they are owned by low income people. Even if these
people were not in the low income category, it would be hard for 25 homeowners
to continually pay the bill for a water system such as this. It is her
understanding the $18 per month the residents now pay covers the basic upkeep
and the electric bills. To upgrade the system requires $10,000, and that is a
lot of money. Mr. Casero has spent a lot of his money, and she does not think
this situation benefits the residents nor Mr. Casero. Both the residents and
Mr. Casero stand to lose. She thinks if this Board does not choose to do
something about this matter now, in the future it will be forced into it, or
someone else will have to do something. Without water none of these homes are
salable nor habitable.
Ms. Mary Tomlin said she has lived in the Corville Farm Subdivision for
17 years, and she lived there when Hank and Patsy Tiffany owned the system.
She agreed with Ms. Dunn that there were lots of times, then, when the
residents did not have water. She said her (Ms. Tomlin's) husband would be the
one who would reset the pumps and try to locate Patsy or Hank Tiffany. One of
her biggest concerns is that 11 of the families are single parents. Some of
them are divorced moms and one is a widowed mother. These people cannot
afford a higher water bill, and they are already having a hard time paying $18
a month. If the water supply keeps decreasing, the whole subdivision will be
without water. Everybody must have water to live. She emphasized that Mr.
Casero has been taking care of a big bill since he has lived there, and she
does not think it is fair for him to have to spend the $10,000. She asked,
though, where will the money come from, if the people in the subdivision
cannot afford it. She hopes the Supervisors will take a long, hard look at
this matter, because she has no idea what will happen next summer. The
subdivision desperately needs the third well.
Mr. Perkins commented that his first knowledge of this problem was last
summer when he got a call from Ms. Dunn. He said Ms. Dunn has brought out
some good points, such as the impossibility of selling a house in such a
situation. He pointed out that there are 22 homes in the subdivision, but
without water, they are 22 practically worthless pieces of property. He also
mentioned that Mr. Tucker had said Mr. Casero is responsible for the water
system. He asked who would be responsible, if Mr. Casero moves on. He thinks
Mr. Casero should be commended for the things he has done. In trying to solve
this problem, the Board is helping Mr. Casero, but it is also helping the 22
families. The County spends money to upgrade roads and bring them into the
County system, and a tremendous amount of money is spent for low income
housing. He mentioned the $300,000 the County spent for Crozet Crossing, as
well as money which has been spent for the AHIP program, etc., over the last
few years. He is concerned about how the County's money can be protected that
is vested.
Mr. St. John commented that he thinks the County officials can be
creative about this situation, and he agreed with Mr. Bain that normally this
matter would go the route of a nonprofit corporation. However, if it is found
to the Board's satisfaction that the burden of such an arrangement is too
great for Mr. Casero and this system to bear, then there are creative methods
that have occurred to him. Mr. St. John suggested there could be an agreement
with Mr. Casero~ individually, and with Mr. Casero, as president of this
corporation. Even if the form of this corporation is not changed, all of the
proceeds of this system, including the County money that will possibly be put
into it, as well as the rates the customers pay, etc., could be used to
maintain and upgrade the system. The amount Mr. Casero would be entitled to
for his service in maintaining the system, as well as the bookkeeping, could
be specifically noted. Mr. St. John stated that he does not see anything
wrong with such an agreement. An agreement can assure the proceeds of what is
being done is not going into someone's pocket. He emphasized that he is not
saying this is what should be done, but it is something to consider.
Mr. Bain said everybody recognizes the public health problem in the
subdivision. There seems to be the same problem whenever a subdivision is
November 17, 1993 (Regular Night Meeting) 000~]
(Page 15)
approved in a rural area. Even though individual wells are not involved in
this case, it is still 'th~'"~ame problem, and that is why the County tries to
stay away from such arrangements in the rural areas. The County always has to
do something to remedy these situations because people cannot be without
water. He would like to study this matter because something needs to be done,
and he asked why the ACSA cannot take over the system. This problem will
probably not go away, even if the third well is drilled, because there is no
guarantee how long it will last. Also, the water flow may not be the same now
as it was years ago. Since a motion is not going to be put into effect
tonight, he would like to have a report which will look carefully at the ACSA
alternatives. He knows there is no economic incentive for the ACSA because it
is understood the residents in that subdivision cannot pay more than the $18
per month they are already paying. He would like for Mr. Brent, the Executive
Director, to share with this Board what it would entail for the ACSA to take
over the water supply for this subdivision, and the pros and cons of such a
situation.
Mrs. Humphris remarked that she expects the ACSA operates under a
charter which has certain restrictions relative to fairness of the rates. Mr.
St. John stated that all of this can be examined. He mentioned there are bond
resolutions, also, which will have to be considered.
Mrs. Humphris recalled that Ms. Higgins has information on similar
situations that might cause problems in the future. Mrs. Humphris said all of
these things have to be considered, precedents have to be examined, and it has
to be decided how this situation can be distinguished carefully from any other
one.
Mr. Bain mentioned another example of a similar situation is the Peacock
Hill Subdivision. This is a big subdivision of over 200 homes, and these
people are having problems. However, he is not trying to delay a decision on
the Corville Farm situation, and if the staff can get this information back in
two weeks, the Board will consider it.
Ms. Higgins said she had to ask Mr. Casero what would be the benefit to
him, because this situation is causing him a lot of grief. Mr. Casero has the
land to put in a separate well for himself, and he could just say his company
is out of business, and it could be defunct. In those situations the ACSA
could be forced to provide water for the subdivision. The ACSA has to charge
certain rates, etc., but if it was either forced or brought into this matter,
there would be no control over the rates it will charge. Rates will be
charged commensurate with the burden of this situation, and she thinks it is
readily apparent from the limited user base that the rates are not going to be
something the residents can pay. It appears that this matter is heading in a
direction that these citizens will be charged more for their water. She then
recalled a situation where the County had to contribute money for a basin, and
she also mentioned the County contributes money to roads. She remarked that
sometimes there are 50 percent share situations, and there are neighborhoods
which are not in the same financial situation as this particular subdivision.
This proposal was first considered as a 50 percent share versus the whole
$10,000. It appears that a third well could be a short term solution for this
particular subdivision. She pointed out, however, that there has been a
consistency since Mr. Casero has operated this system which made her think the
issue was worth pursuing and bringing to this Board. She next inquired if the
Board wants the staff to look at the ACSA alternative, as far as a nonprofit
corporation is concerned. She is unsure as to what kind of information the
Supervisors are requesting.
Mr. Bain said the ACSA alternative could be considered for a private
situation.
Mr. St. John explained that when the County takes part in a 50/50
percent share situation with a road, it means the road will be taken into the
system, and it will be a public road. He went on to say that if it is not
feasible to use the ACSA's services, something can be found that is creative
to satisfy the private gain situation. This is a public health issue that is
already apparent from this record.
Ms. Higgins mentioned that the County has contributed to stormwater
basin projects with homeowners associations. She said this could be a similar
situation, because a public system is not involved, and the matter could be
back before the Supervisors in several years. Mr. St. John agreed.
Mr. Bain asked if the information could be back to this Board by
December 1. Mr. Tucker responded that the staff would try to get this report
back to the Board by December 1, but he is not sure if it can be done quickly.
Mr. St. John said he does not think the ACSA alternative will be feasible.
Mr. Marshall remarked that he thinks the scope of this matter is broader
than this particular situation. This subdivision cannot be compared to
Peacock Hill, as'far as income or anything else is concerned. This problem
relates to low income housing that needs to be preserved, and he personally
thinks the Board needs to approve this request. Mrs. Humphris commented that
the other Supervisors feel the same way, but a legal way has to be found to do
it. Mr. Marshall said the County Attorney is willing to work out an agreement
that will accomplish what is needed. Mr. Bain remarked that he does not think
a short term solution should be put into place, if something better can be
done.
000;854
November 17, 1993 (Regular Night Meeting)
(Page 16)
It was the consensus of the Board to direct the County Attorney, County
Engineer and Mr. Casero to work out an agreement stating the public purpose
that would be served if the Board decided to provide financial assistance to
Mr. Casero, to set out the proceeds from this system, including the money the
County puts into this and the rates the customers pay, etc., that would be
used to maintain and upgrade the system. The agreement should set out the
amount Mr. Casero would be entitled to for his services and maintenance of the
system. The staff is to look at whether this would set a precedent and how
could this be distinguished from future requests. The staff to also look at
the implications of the Albemarle County Service Authority assuming responsi-
bility for the system. Mr. Brent is to provide details on what would be
entailed and outline the pros and cons. This information is to be brought
back to the Board as soon as possible.
Mr. St. John asked to be excused for the remainder of the meeting. He
would like to talk to Mr. Casero and Ms, Higgins While they were both present.
(Mr. St. John left the meeting at 8:33 p.m.)
Agenda Item No. 13. Interim Report from High School Feasibility
Committee.
Mr. Tucker said the High School Feasibility Study Committee has met and
considered various options to providing additional capacity for high school
age students in Albemarle County. Before making a final report, the committee
members would like to receive direction concerning additional options which
were identified in a memorandum from Dr. McGeehan, the City's School Superin-
tendent. Mr. Tucker commented that Mr. Bain and Mrs. Humphris serve on this
committee. Mr. Bain mentioned that a lot of options have been discussed
during committee meetings, as well as costs, etc. Dr. McGeehan's memo
indicated different options from what County officials had been told in the
past, which change the parameters of the City's facility. He thinks these
alternatives need to be examined further, but he is not yet ready to approve
anything.
Ms. Humphris said the completeness of the committee members' discussion
is missing from this interim report. At the last meeting, all of the options
were discussed, and all of the committee members expressed their opinions.
All of the members of the committee are on record as to what they feel about
the particular options. However, the committee members did not feel they
could deal with any of the options until this Board is informed about the
other things which have surfaced. She then asked if the Supervisors want the
committee members to continue their discussion and make a recommendation based
on all of the information.
Mr. Tucker reiterated that the City officials have suggested several
other items which are shown in Dr. McGeehan's letter. Me mentioned the
options, and said they go beyond the charge of the committee. Mrs. Humphris
pointed out that the Feasibility Study Committee's report was not on the
School Board's agenda for its November 8 meeting, and that was when the School
Board was supposed to have had this discussion. Mr. Tucker said he had asked
the same question, and he found out that the School Board is waiting for the
Supervisors reaction to this report.
Mr. Bain commented that he has said this in the past, and he will say it
again, the Charlottesville High School alternative is something that should be
considered further. He is not saying other options such as clusters, etc.,
should not be considered. Me asked for the Board's direction on this issue.
Mrs. Humphris stated committee members are still considering the
construction of a new high school, but it is her understanding the committee
will no longer be considering expanding the Charlottesville-Albemarle Techni-
cal Education Center (CATEC).
Mr. Tucker said there are physical constraints with the CATEC site. The
site is being used for vocational/technical education, and it is at its
capacity. Me pointed out that physical constraints relative to the Meadow
Creek Parkway are going to be an issue, if the CATEC site is expanded over and
above its current use. The option of a lease purchase arrangements with the
private sector has been examined. This was an option which was used in
Canada, but committee members agreed it was not feasible for Albemarle County.
The Supervisors have already seen a copy of the Western Albemarle High
School's feasibility study, and he mentioned the problem with that is the
timing for buses. In order to move 400 new students into the Western Albe-
marle High School district, the current Albemarle High School district will
have to be changed, and those children will have to be on a school bus a lot
longer. That is part of the reason the School Board rejected this option.
Piedmont Virginia Community College (PVCC) is still a potential option, but
with the new construction, PVCC officials are going to be considering a
humanities building. He is not sure there is a lot of use the County can get
from the PVCC site, but there may be some potential use. There has not been a
firm discussion or commitment relative to the PVCC option.
Mr. Tucker said he has not had a chance, but do plan to talk to repre-
sentatives of PVCC. Me went on to say that if another high school is built,
the PVCC general area will be considered, in terms of location.
000255
November 17, 1993 (Regular Night Meeting)
(Page 17)
Mr~ Marshall mentioned that there are currently children who live in his
district who are on the bus for over an hour. Mr. Bain noted that there are
children in his district who live five miles from school, but are on the bus
for an hour and 15 minutes.
Mrs. Humphris said she could not recall what was said about lease
purchase at the committee meeting, but she seems to remember that all of the
information which was brought to the committee on lease purchase made the
committee members rule out that option. It was also her impression that the
idea about the huge increase in the number of seats available at Charlottes-
ville High School was based on a construction program for the City. The seats
were not available, but the City could construct them. Mr. Bain disagreed.
He said the seats exist now and other space could be constructed.
Mrs. Humphris said she, Ms. Moore and Mr. Landrith expressed a clear
opinion that they were not interested in having County children go to a very
large high school such as what would be created. They do not want to go
beyond the County's own parameters which have already been established, as far
as the size of the school. The committee is looking for direction from the
rest of the Supervisors as to what they want the committee members to do.
Mr. Bain said the committee members want this Board to make a recommen-
dation. Although, his and Mrs. Humphris' recommendation to this Board are
totally different.
Mr. Bowerman asked what is the next step for this Board. Mr. Bain and
Mrs. Humphris have more information than the other Supervisors, and he would
be interested in what they would like to pursue. Mr. Marshall agreed.
Mrs. Humphris asked if the Supervisors could instruct the committee
members to pursue the options they want to pursue. She is not going to speak
for the committee, but she thinks the Supervisors should trust the committee
to pursue the right options.
Mr. Bain remarked that whether or not there are 1,000 seats or 750 seats
at Charlottesville High School, they have no idea of the cost. In a meeting
he attended with Dr. McGeehan an'd others, the impression he got was that it
would not be a huge cost to realize 1,000 seats. The common space is already
in place and even though some interior walls may have to be constructed, the
frame of the structure is there. Mr. Tucker agreed. He said some classroom
facilities would have to be constructed, but all of the support facilities are
in place.
Mr. Bain stated that a lot of good issues were raised in the committee
meetings. He believes questions need to be asked of City officials such as,
when will the seats be ready, what will the cost be, and how will these things
be accomplished. He emphasized that these things need to be explored before
the option is discarded and $20.0 million is spent for a new high school.
Although there is not a lot of time left, he thinks time is still available to
look at all of the options. He is not talking about exploring all of the
aspects related to this option, although he likes some of these other con-
cepts. However, they can be addressed later, if it is this Board's decision
to go forward with a plan with the City school system. This is not what the
committee is requesting, at this time, but he thinks in terms of dollars spent
in the community and particularly in Albemarle County, it is important that
this option be explored further. He added, however, that he is not saying he
will support an additional 1,000 seats in the City's high school, although he
might support 750 seats. This will depend on the amount of time it will take
to get to that point.
Ms. Humphris stated Mr. Bain thinks the Charlottesville High School
option should be examined further on the basis of dollars. She is just
speaking for herself, but she believes the other issues are just as important,
such as whether County residents want their children to attend a school
outside of the County system. There are other issues to be considered such as
the philosophy of what curriculum will be used, what instructional methods
will be used, what School Board has control, what athletic teams the students
participated on, and what student body are the children members. All of these
questions were either more important, or as important, to the other members of
the committee as dollars spent. She emphasized that dollars spent do not seem
to her to be the deciding issue and all of these other issues enter into the
factors.
Mr. Bain agreed that these other issues should enter into the option,
and he made it clear he was not just concerned about the money. He is looking
at all of the other aspects of the issue. However, he does not think the City
option can be discarded without it being examined. He does not see the matter
of who is in control as a major issue. Such things have to be addressed and a
conclusion reached.
Mrs. Humphris noted it was very clear to the other members on the
committee, because at that time the redistricting situation was taking place,
the whole idea of sending County residents' to another school jurisdiction
raises a lot of reservations. She said these reservations have to be dealt
with.
Mr. Bain stated that he is not agreeing with what the School Board did
on redistricting, because he thinks they learned a lesson. From now on, there
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November 17, 1993 (Regular Night Meeting)
(Page 18)
probably will not be as much public input for such matters. All of this
energy could be spent on what is happening in the schools and not where the
students will be going to school. He thinks it is abominable how much effort
was wasted.
Mrs. Humphris suggested that perhaps the Board instruct the committee to
bring back its recommendations on the best option for housing the County's
high school students, without any specifics. This issue has put her and Mr.
Bain in an awkward position.
Mr. Bain commented that Mrs. Humphris has made it clear the majority of
the committee members want to recommend a new high school be built, and they
have no interest in pursuing the City high school aspect. If this is how the
Board members feel, too, then the school should be built now.
Mrs. Humphris said if this Board says it wants to base its decision on
dollars, then the whole idea of costs, etc., should be pursued. She knows the
Board members have heard all of the arguments for these different options, and
the committee members need some direction.
Mro Perkins remarked that if the decision is reached to build a new high
school~ it would be better to put this off for two or three years, even if
some temporary things have to be done. These temporary things might be to
rent 200 spaces at Charlottesville High School or put additional trailers at
the County's current high schools. He does not want to build a new high
school and have 800 or 900 students in three high schools. He thinks a lot of
money can be saved if the building of the school can be postponed until it can
be seen what is needed. This will allow enough time to figure out how many
students the County will really have, and which projections are correct.
Mrs. Humphris pointed out that the committee is waiting on answers as
far as which projections are accurate.
Mr. Tucker stated that this is what he is basing his recommendation on
in the CIP. He is waiting to recommend adopting any of the new construction
projects or appropriating any money for those for next fiscal year, until the
projections have been confirmed, as well as staffing formulas, which the
School Board will be considering. He does not know how much of an impact this
will have on a new high school, but it will allow extra time to gather some of
this information.
Mr. Perkins pointed out that another thing which has to be considered is
the standards with regard to capacities that have been adopted by the County.
These are good guidelines, but they should not keep the County officials from
doing things which might exceed the guidelines. Sometimes it is a lot cheaper
to have more students than is desirable, because additional administrators can
be eliminated, as well as a lot of problems. He wondered what is the perfect
size high school. He noted that he went to a high school which had 400
students, and there are other high schools with 4,000 students. Sometimes
large high schools can have different campuses, etc. He also remarked that
perhaps year-round schools should be considered. It seems foolish to him to
have all of the resources available and only use the schools for two-thirds of
the year.
Mrs. Humphris noted that the committee has already considered year-round
schools.
Mr. Perkins said James Madison University is considering going to a
tri-semester system. It appears someone at the State level should say the
public school system and the public colleges in the Commonwealth of Virginia
will start having year-round school systems. He also pointed out that the
children would not have to go to school for a full year, because they could
take off a semester. Mr. Bowerman noted that the costs associated with year-
round schools are not very evident. There are more costs associated with this
option than with seating facilities. Mr. Perkins said if the County's
children can get through the educational system in less time, it will save
money.
Mr. Bowerman said if building the new high school is going to be
delayed, he would rather put trailers at Albemarle and Western Albemarle, and
have the same amount of students at Western. He would rather do this before
sending Albemarle County children to Charlottesville High School.
Mr. Marshall said he does not want to send County children to another
jurisdiction for all of the reasons Mrs. Humphris has mentioned. He read Mr.
Matt Murray's (a private citizen) letter in the newspaper, and he (Mr.
Marshall) was impressed by the figures shown in letter. He added that
children should be under one jurisdiction. He does not know how all of the
problems can be solved that would be generated by having the County's children
in someone else's system, and he thinks it would be a nightmare for the
students~ the parents and the teachers.
Mr. Bowerman commented that an integral part of planning for a new high
school is how the Center for Public Service projections are applicable to this
jurisdiction. This is being developed now, and he hopes there will be some
answers soon. He said the CIP planning is also tied to these projections. As
far as the charge to the committee is concerned, his preference would be for
the committee members to look at other options within that scope. He would
000257
November 17, 1993 (Regular Night Meeting)
(Page 19)
rely on the committee's discretion to study those areas which make sense, from
both a dollar point of view, as well as the point of view of the other issues
that were raised. He needs some input from people who are working with this
information, in order for him to have the guidance he needs to make a deci-
sion. He does not have any other information on which to base a decision,
except for what Mr. Bain or Mr. Perkins were saying. Without other informa-
tion, he would have to agree with Mr. Perkins' position relative to mobile
classrooms and keeping the children in the County's existing facilities. Mr.
Tucker pointed out that some of the figures in Mr. Murray's letter were
incorrect.
Mr. Bain said he is hearing from the Supervisors the committee should
leave the Charlottesville issue alone. He then asked if Board members would
be supportive of examining the matter of working out some criteria or justifi-
cation for letting students who voluntarily want to go from one County high
school to another, as well as from Western or Albemarle to Charlottesville.
Mr. Bowerman mentioned magnet schools which offer different curriculums.
Mr. Bain said he is talking about full-time students. He would like to see
the parameters of this situation explored to see if there is any justification
for it. Mrs. Humphris pointed out that this is another whole issue. Mr. Bain
said the committee would not have to get involved in this matter, but,
perhaps, the staff could discuss it with the City staff. Mrs. Humphris agreed
that this could be examined administratively. She knows the City staff is
considering such an arrangement, and so the County staff should be doing the
same thing.
Mr. Bain noted students would have to provide their own transportation,
etc., and this has been done in the past. He went on to say that there are
reasons not to do this, but there are different situations involved. He
commented that reimbursement will come from the State for such students.
Mrs. Humphris remarked that such an arrangement could accomplish some of
the value to which Mr. Bain has been referring, but it would not involve the
whole system.
Mr. Bain remarked that this situation would be an element of choice. He
does not want to get involved too much in the choice aspect. There has to be
some legitimate basis for doing these things.
Agenda Item No. 14. Work Session: FY 1994/95-1998/99 Capital Improve-
ments Program (continued from November 3, 1993).
Mr. Tucker explained that since the Supervisors' earlier review of the
Capital Improvement Program, the staff has revised the format into something
he hopes is more understandable. He noted the staff has infused the School
Board's recommended projects into a prioritized list, as the Supervisors
requested. He pointed out that the revenues have increased in the General
Revenues category by $386,810 due to savings in a budgeted Debt Service
payment for next spring, and there are some projected savings from the
completed storm water projects, as well as some savings from the Berkmar Drive
project. The staff has applied these savings to the three school mandated
projects, rather than borrowing the funds, as was proposed in the earlier
recommendation. These projects represent the Stone-Robinson Elementary School
improvements, the contaminated soil removal and the water line improvements.
There are four new and expanded school projects that are proposed for
funding through the VPSA loans. It is recommended no action on any of these
projects be taken until further analysis regarding the enrollment projections
and staffing formulas have been completed. Other options related to the
Western Albemarle High School tunnel connecting Henley Middle School and
Brownsville Elementary School are being explored by school staff for School
Board review next month. Under other school projects, Mr. Tucker noted that
the energy management project was one he had mentioned earlier which he had
proposed to be moved forward to be implemented a couple of years from now. He
is now recommending this project be moved forward to next year so savings can
be generated immediately. He also mentioned technology for school projects is
proposed to be funded through general revenues rather than VPSA loans. He
stated that the vehicular maintenance project has proceeded through the CIP
process during the past five years, and it was again delayed last year. This
project has merit, and it would provide more efficient use of the vehicular
maintenance facility. He noted, though, that there is a very significant cost
involved, and it would require VPSA loan funding.
He next discussed the revenue sharing project for road construction.
The staff is proposing that the Berkmar Drive project be funded, as well as
the Hydraulic Road, Rio Road and Greenbrier Drive improvements, with V DoT
revenue sharing matching funds over the next five years. He pointed out that
a program is attached to the Board members' information for doing it. If the
Berkmar Drive North project is to be built in order to provide some relief to
traffic during the construction of Route 29 North, it may require the delay of
the Hydraulic Road project. He has discussed this matter further with Mr.
Cilimberg, but it probably would be wise for the staff to meet with Mr.
Roosevelt and discuss this proposal with him.
Mr. Tucker then asked for direction from the Supervisors. If the Board
feels the Berkmar Drive project should move forward, then he would like to
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November 17, 1993 (Regular Night Meeting)
(Page 20)
know tonight. It seems the advertising date for Hydraulic Road is firm for
January, 1995, and he pointed out VDoT officials would need to know if the
Hydraulic Road improvements are deferred, in order to go forward with the
Berkmar Drive project and take advantage of relieving some of the Route 29
traffic problems during construction of roadway. The staff is recommending
the Board seek input on these matters at its December 15 meeting for the
overall 1994-1999 Capital Improvement Program, and approval of the next fiscal
year's (1994-95) project budget, as well as any appropriations, be delayed
until the spring of 1994 so there can be an understanding of the school
enrollment projections. Also by that time, there should be a better idea of
changes in the staffing formulas due to budgetary constraints during the next
fiscal year. The only reason the VPSA loan projects are being left in the CIP
is to give the staff an idea of what may be considered a worst case scenario
if these projects are approved for borrowing purposes, so there would be a
figure to budget in the County's next operating budget.
Mr. Bowerman commented that one of the things that has caused confusion
is that there are moving targets. Enrollment projections and other items the
school system officials are discussing leave some of these things floating.
If an agreement can be reached as to the priorities and what can be funded by
VPSA loans in the spring, then he thinks the matter can move forward.
Additional information can still be collected and a final decision can be
reached in the future. He went on to explain that there is so much informa-
tion still needed, since a major discrepancy has been raised on enrollment
projections. This matter needs to be resolved, and Board members need to
understand why it is different and which numbers or combination of numbers are
going to be used. This will put priorities in place. He added if the correct
number of students can be determined, then it can be decided what needs to be
done to deal with those children. He reiterated that there is not enough
information to make such decisions at this time.
Mr. Tucker reminded the Supervisors that even in 1994-95, with VPSA
funding for the next fiscal year, it is not a large funding. The two largest
items relate to the Woodbrook School and Red Hill School expansions. These
funds are primarily for planning and engineering, and the large amounts for
these two expansions are in the 1995-96 fiscal year. The Supervisors are
committing themselves, if they go forward with those expansion projects, to
the major costs in the 1995-96 year. Mr. Bowerman noted that this is still
less expensive than building a new elementary school, which was not in the
original recommendations. Mr. Tucker concurred.
Mr. Bain stated that he agrees other options should be considered as far
as the WAHS tunnel is concerned. Mr. Tucker remarked that he is not disagree-
ing with Mr. Bain, but he has looked into this matter further, and there are a
lot of children who go back and forth between these schools. There are a lot
more students who do this, than he had originally thought.
Mr. Bowerman asked if a traffic light is one of the options, among
others. Mr. Tucker answered, "yes."
Mr. Bowerman then pointed out that using the revenue sharing funds and
moving up the Berkmar Drive project delays the Hydraulic Road improvements
between Albemarle High School and the Rock Store. Mr. Cilimberg responded
that this is not definite. Mr. Bowerman said the money has to come from
somewhere, if the Berkmar Drive project moves forward. Mr. Cilimberg said the
staff talked with Mr. Roosevelt today. He reminded Board members there was
some money "freed up" by eliminating the Routes 708 and 631 project, and with
changes to the Route 678 project. This is secondary road monies which may
possibly be used for the Hydraulic Road project. Mr. Roosevelt does not want
to eliminate the possibility of still meeting the advertisement date.
Mr. Bain commented that he would not like to see the Hydraulic Road
project delayed, even though the Berkmar Drive extension is important. Mr.
Cilimberg remarked that the project which could be more affected is the Rio
Road improvements and/or Greenbrier Drive. Mr. Bain said he does not think
the Greenbrier Drive project is as important as some of the others. Mr.
Bowerman agreed. He said that projects for Rio Road, Hydraulic Road, and
Berkmar Drive are more important than the Greenbrier Drive improvements.
Mr. Bowerman emphasized that, even on an expedited course, he does not
think the Berkmar Drive project could be on line in time to serve as a major
detour for the improvements to Route 29. Mr. Tucker concurred. Mr. Bowerman
said he does not want anyone to be under the illusion that the Berkmar Drive
project will help with the Route 29 improvements. Ms. Higgins said the
Berkmar Drive project is currently under design, and plans will probably be
available as early as February. She added that if an agreement can be reached
to use revenue sharing funds, similar to the Route 810 improvements, where the
County handled the construction and the revenue sharing was reimbursed, then
the road could be completed probably six months before it is needed for the
Route 29 improvements. If the road has to be built by VDoT, then it will not
be ready. Her discussions with Mr. Roosevelt have been under the premise that
the County would complete the project. Mr. Bowerman said this Board needs
those specifics.
Mr. Tucker commented he perceives a problem whereby this project can
probably be done in a timely fashion, but the costs are such that it would be
impossible to get the match from the state. If the County is limited to
$500,000 a year, and this project costs more than $1.0 million, it still might
November 17, 1993 (Regular Night Meeting) 000259
(Page 21)
take two years to get the total match, not only from the County, but also from
VDoT. Ms. Higgins pointed out that the money will overlap in two fiscal
years.
Mr. Bowerman said the Board needs to know whether the road can actually
be in place to really serve as a detour to Route 29. This is the issue and
the remainder of the problems will have to be worked out by staff. He does
not understand all of the implications of this project. He thinks the
Supervisors also need to know the impact on Hydraulic Road. Hydraulic Road is
also a vital link and the Board needs to weigh the pros and cons of all of the
options.
Mr. Tucker commented that if the Board is basically in agreement with
the priority list, the staff's recommendation is to take this matter to public
hearing on December 15. He also recommended that the Six Year Plan be adopted
at that time, but that the Board delay its approval of the 1994-95 budget
until later in the fiscal year.
It was the consensus of the Board to find out whether Berkmar Drive
North will actually be in place and able to serve as a detour during improve-
ments to Route 29 North. Include in the information funding details and the
impact of moving forward on this project with the Hydraulic Road project.
Mr. Bowerman expressed concerns about a safety issue involving the need
for an asphalt path on Old Brook Road. There are a few strips of Old Brook
Road which are outside the boundaries of Raintree and Fieldbrook Subdivisions
where the right-of-way exists for the most part, but not in all Situations,
and where there is a lot of pedestrian traffic. There is no connection
between the sidewalks except to walk off the road. There is one location near
Rio Road where there is a blind curve and pedestrians have to actually get out
of the ditch into the roadway. He asked that consideration be given to
approving what would be a reasonable sum of money to make this one and one-
half mile of sidewalk contiguous and connected to Rio Road which would allow
pedestrian access without being in the roadway. He does not think the
homeowners would be absolutely opposed to making some contribution to do this
work.
Agenda Item No. 15. Approval of Minutes: March 16(A), May 13(A),
October 7 and November 4, 1992; May 12, July 14 and August 18, 1993.
Mr. Bowerman had read March 16(A), 1992, and found them to be in order.
Mrs. Humphris had read May 12, 1993, pages 13 (at item ~8) to the end,
and July 14, 1993, pages 33 (at item #14) to the end and found them to be in
order.
Mr. Bain had read July 14, 1993, pages 1 through 8, and found them to be
in order.
Mr. Marshall had read August 18, 1993, and found them to be in order.
Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve
the minutes as read. Roll was called and the motion carried by the following
recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 16. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Bowerman announced that he would be out of town from November 20th
until November 30th.
Mrs. Humphris read a "blurb" from the November 1, 1993, VACo newsletter
about a new stipulation where VDoT states that it has no current or long term
responsibility for operation or maintenance of stormwater facilities and that
counties have to enter into a comprehensive agreement for stormwater detention
before a new street can be accepted. The article further states this is under
Section 2.1f of Virginia Department of Transportation Subdivision Street
Requirements. She asked staff to inform the Board of the implications of this
on Albemarle County.
Mrs. Humphris asked about the County's hiring procedures for a bonding
attorney. Mr. Tucker informed her that the hiring of a bonding attorney is
put out to bid. Mrs. Humphris suggested that it may be time to go to bid.
She also asked that Mays and Valentine, a legal firm in Richmond, be put on
the bid list.
Mr. Bowerman announced that the deadline for applications for vacancies
on various Boards and Commissions is December 8, 1993. The public hearing on
November 17, 1993 (Regular Night Meeting)
(Page 22)
O002GO
nominees to the School Board will be held on December 15 with the Board's
intent to make appointments on January 5, 1994.
Mr. Marshall announced that he would not be present for the December 1
meeting.
Agenda Item No. 17. Adjourn. At 9:25 p.m., with no further business to
come before the Board, the meeting was immediately adjourned.