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1993-12-15December 15, 1993 (Regular Night Meeting) (Page 1) 000284 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 15, 1993, 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, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Walter F. Perkins. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, George R. St. John, and, County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:02 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. Ms. Sarah Reynolds, President of the Albemarle Education Association (AEA) and teacher in Albemarle County school, read a speech concerning funding of the school budget. Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humph- ris, seconded by Mr. Bain, to approve Items 5.1, 5.la and 5.lb on the consent agenda, and to accept the remaining items as information. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. 5.1. Authorize Chairman to sign Park and Ride Agreement at Albemarle Square. Mrs. Humphris suggested there be a change in language for Paragraph #7. She felt the words "abnormal maintenance" would cause problems in the future. Mr. Tucker said staff would refine the words before the Chairman signs the agreement. By the above recorded vote, the Board authorized the Chairman to sign the following Park and Ride Agreement between Albemarle County and Dunbarton Properties, Incorporated (owner), for use of property in Albemarle Square Shopping Center: PARK AND RIDE FACILITY AGREEMENT Albemarle County and Dunbarton Properties Incorporated THIS AGREEMENT, dated November __, 1993, between Albemarle County, Virginia (hereinafter called "the County") and Dunbarton Properties, Incorporated, the owner of Albemarle Square Shopping Center (hereinafter called "the Owner"). Purpose: The purpose of this Agreement is to provide the County the use of part of the Owner's premises as a park and ride facility for the benefit of persons in carpools or commuters. 2 o Premises: The Owner hereby licenses the County the use for a park and ride facility that portion of the Owner's premis- es marked ("Park and Ride" on Exhibit "A" hereinafter called "the Premises"). The number of park and ride spaces shall not exceed one hundred and twenty (120). Term: The term of the Agreement shall be three (3) years from the date hereof. Either party, however, may terminate this Agreement after twelve (12) months by giving two (2) months notice to the other party of its intent to terminate. Use of the Property: The County may use the premises for a park and ride facility, and for a carpooling parking facili- ty; vehicle access and persons in carpools; marking of the premises; and all similar and related uses. Access: The County may use the Owner's property surrounding the premises for vehicle and pedestrian access and circula- tion for the County and its patrons, excluding buses, and persons in carpools. December 15, 1993 (Regular Night Meeting) (Page 2) 000285 Marking of Premises and Publicity: The County may mark the premises and will install signs indicating that the premises are available for persons in carpools or commuting as a result of the Owner's courtesy. The County will obtain the Owner's written approval before Placing any improvements on the premises. Maintenance: The Owner shall arrange for regular and/or timely snow plowing. Ail abnormal maintenance and repair required by the extra usage resulting from the Agreement shall be provided by the County. Liability: The County agrees to add the Owner to its gener- al liability insurance policy as an additional insured. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the persons duly authorized as of the day and year first written above. (Note: This Agreement was never modified or executed because Dunbarton Properties Incorporated withdrew from the Agreement.) 5.la. Statements of Expenses for the Department of Finance, Sheriff, Commonwealth's Attorney, Regional Jail and Clerk of the Circuit Court, for the month of November, 1993. By the recorded vote shown above, the statements of expenses were approved as presented. 5.lb. Approve Gainsharing Program Guidelines as a pilot program to begin January 1, 1994. By the recorded vote shown above, the following Gainsharing Program Guidelines, were approved as a pilot program to begin January 1, 1994: "GAiNSHARING" GUIDELINES Gainsharing will not be considered for vacancies that would yield savings of less than $5,000 to the County's General Fund. Requests to participate in a Gainsharing situation shall be made in writing to the County Executive or his designee for approval and shall include the following: Position being vacated along with total savings pro- jected to be saved. bo Participants to share in savings along with the dis- tribution of incentives. Co Other expenses to be incurred (overtime, additional equipment, etc.). d. Expected duration of savings. Ail incentives shall be in the form of bonuses and not built into an employee's base pay. Incentives that are to be spread in such a fashion as to improve team efficiency and cohesiveness are encouraged and shall be left to the discre- tion of the County Executive. Each gainshare situation shall be reviewed every six (6) months and in no case shall extend longer than the second full budget year after the gainshare situation begins. Bonuses shall be distributed only after each six (6) month review and savings documented. In the event a participant in a gainshare situation termi- nates prior to the end of the six (6) month review period, no bonus shall be paid to the existing participant nor shall his/her replacement participate in the incentive. 6. This pilot program will begin on January 1, 1994. 5.2. Copy of Planning Commission minutes for November 23, 1993, received for information. 5.3. Arbor Crest Apartments (Hydraulic Road Apartments) Bond Program Report and Monthly Report for the month of November, 1993, received for information. 5.4. Copy of Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1993, for the Rivanna Water & Sewer Authority, received for information. 000 86 December 15, 1993 (Regular Night Meeting) (Page 3) 5.5. Copy of Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1993, for the Rivanna Solid Waste Authority, received for information. 5.6. Letter dated November 29, 1993 from Mrs. Ruth DePiro, President, Our Lady of Peace, to Mr. David P. Bowerman, Chairman, re: limited-income, assisted-living residents, received for information. Mrs. DePiro reports that Our Lady of Peace exceeded the County's requirement that 20 percent of its assisted living beds be occupied by limited income older adults. Nine persons are currently in residence (eight were County residents), and a tenth person from Albemarle County is currently being processed. Agenda Item 5a. Corville Farm Subdivision, central well system, request for funding (deferred from December 8, 1993). Mr. Tucker said this item was deferred from December 8, 1993, to allow the County Attorney to draft a resolution addressing issues that the Board identified. Staff recommends the Board adopt the proposed resolution. Mr. St. John said the last paragraph of the resolution reads "subject to the owner's willingness to enter into an agreement with the County." This language may be interpreted that before this money is paid out there would be a written agreement, but that is not the intent. The intent is that this resolution be used as the agreement without any further action. Motion was offered by Mr. Perkins, seconded by Mr. Martin, to adopt the following resolution (set out below) and appropriate $5,000 to assist with the upgrade of the third well for the Corville Farms Subdivision water system. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin. None. RESOLUTION WHEREAS, Joseph Casero, the owner and operator of the community water supply for Corville Farms Subdivision, has re- quested one-time financial assistance from the County to upgrade a third well to relieve pressure on the two in service wells in said subdivision; and WHEREAS, the third well is needed to provide a sufficient volume of water to the subdivision; and WHEREAS, the twenty-three (23) single-family residential units within the subdivision are a part of the County's inventory of affordable housing, and the cost of upgrading the third well is beyond the financial means of the users and there is no possibil- ity that the Albemarle County Service Authority will take over the water system or extend public water into this subdivision; and WHEREAS, the owner has cooperated and worked fully with the County, and has expended substantial sums in maintaining and attempting to upgrade this system; and WHEREAS, the Board of County Supervisors hereby determines that the upgrading of this system is necessary in order to promote the public health and safety as to the residents within this subdivision, and is in keeping with the County's policy to promote affordable housing, based on the appraised value of the properties in said subdivision; NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby appropriates five thousand dollars ($5,000.00) to assist with the upgrade of the third well for the Corville Farms Subdivision water system subject to the owner's willingness to enter into an agreement with the County that the user rates will not be increased for a period of two (2) years except to cover any increased operational expens- es, and if the system is sold within the same period of time, the funds will be repaid to the County. (Following is the Resolution of Appropriation as adopted:) FISCAL YEAR: 1993/94 NUMBER: 930047 FUND: GENER3~L PURPOSE: IMPROVEMENTS TO CORVILLE FARM WATER SYSTEM. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100041000800677 CORVILLE FARM WATER SYSTEM $ 5,000.00 December 15, 1993 (Regular Night Meeting) (Page 4) 000987 REVENUE TOTAL $ 5,000.00 DESCRIPTION AMOUNT 2100051000510100 GENERAL FUND BALANCE $ 5,000.00 TOTAL $ 5,000.00 Agenda Item 6. Public Hearing to receive comments from citizens regarding appointees to the ALBEMARLE COUNTY SCHOOL BOARD to represent the Charlottesville, Jack Jouett and Samuel Miller Magisterial Districts. In order for a person to be considered for one of these vacancies, the Code of Virginia requires that the name of that person be read into the public record at the meeting. (Advertised in the Daily Progress on November 29, December 4 and December 6, 1993.) Mr. Bowerman read into the record the following list of names of persons who have applied for the School Board: Charlottesville District: Patricia L. Moore, and Louella E. Gohaner- Lyles. Jack Jouett District: Karen L. Powell. Samuel Miller District: Beth J. Lipper, Janet B. Dill, Jennifer Workman, Diane Talarico, Russell Madison Cummings, Jr., and Bernard J. Haynes. Ms. Beth Lipper said she appreciates the opportunity to address the Board of Supervisors and Supervisor-elect Mrs. Sally H. Thomas, fellow citizens of Albemarle County and those persons who reside in the Samuel Miller District. She believes that providing an excellent education should be the primary responsibility of the County government. If the children are not educated to face the challenges of the future, the school system will have failed not only the children, but also the community. To achieve this end, the system must be able to prepare the children to face the diversity of the real world. A world where basic skills such as reading, writing and arithmetic are taught together with usable and marketable employment skills. A world where the information committed to memory is information that helps children succeed in the future as parents, spouses, members of the workforce and of the community. Ms. Lipper said she has seven children and three grandchildren. Her motherhood and, therefore, parenthood is extremely important to her since her family is totally a family of choice. She is a foster care parent and an adopted mother. She is also a product of the public school system. Three of her children were educated in the Albemarle County public school system and her fourth child will be entering Murray Elementary School this fall. She was a member of the School Improvement Committee at Jack Jouett Middle School for two years and has been actively involved with her children's education. Her family is not all white, nor all Christian, nor Jewish, nor University educated, nor native born, but a family with strong ties and values. Her family is the diversity that mirrors the community, but is not presently represented on the Albemarle County School Board. Her family has learned to "learn." Her family is multi-racial, multi-religious and multi-cultural and has learned that not everyone speaks english, everyone does not celebrate Christmas and all cultures do not have the same philosophies about life and death. Her family has learned that no one persons belief is right or wrong, just different. Ms. Lipper said if she were appointed to the School Board, she would begin the process of allowing and having a School Board that fully represents the community it seeks to serve. The Board must also continue to view the educational process occurring throughout the County. She is the editor of the Charlottesville Business Journal, a well-respected monthly publication that both reports and responds to the needs of Central Virginia's business communi- ty. In this position, she would also bring to the School Board the needs expressed by and expectations held by the community in respect to the educa- tional preparation of the students in the Albemarle County school system. These views are often heard only during certain hearings and public debate. These issues need to be part of the focus of the School Board, if the County is seeking local businesses to become more pro-active partners in the educa- tion of the children. She feels it is time that everyone learned to work together for the betterment of the children. She seeks a better work environ- ment among teachers, parents, administrators and the School Board. Whether or not she is appointed to the School Board, she will remain active within the County school system. Her activity and the activity of others is necessary to insure the best possible public education for the children. She appreciates the opportunity to speak to the Board of Supervisors and welcomes any ques- tions about her qualifications to become a member of the Albemarle County School Board. Ms. Patricia Moore said she is reapplying for the Charlottesville District appointment to the Albemarle County School Board. This may be the last time this Board will appoint the School Board and she would like to acknowledge the Board's time and responsibility it has taken so seriously for many years. 000 $8 December 15, 1993 (Regular Night Meeting) (Page 5) Ms. Moore said when she applied to the School Board four years ago, she saw the appointment as an opportunity for her to give something back to a community that had given her so much. She is proud to have served on the School Board for four years and has had a lot of good experiences. In the past four years, she has served on the Oversight Committee, Architectural Committee, six months on the Charlottesville-Albemarle Technical Education Center Joint Board, Press Board and as Vice-Chairperson and Chairperson. She has worked in preparing a legislative package so that the School Board could be more pro-active on a state level. Along with her time on the School Board, she has continued to manage a family-owned business. She has been the past President of the local Masonry Contractors Association and has served on the State Board of Directors for the Virginia Masonry Council. She has been a member of the Chamber of Commerce for 12 years and is a 1989 graduate of Leadership Charlottesville. She is giving the Board this information, not to point out her qualifications, but to let it know that she is not disillusioned about the amount of time and solid commitment that it takes to be a member of the School Board. She has visited every school in the County at least twice and has met with hundreds of people (parents, teachers, administrators and community members) and through these encounters she knows and has seen the diverse population the school system serves. She believes that School Board members should be advocates for the school system while attempting to find a balance between the school needs and the community desires. She also believes strongly that parents should have a voice in their children's education and should not give "lip" service about being volunteers and getting involved. She will continue to support County-wide surveys because there must be the best attempt made to find out the feelings of the taxpayers. Mrs. Moore said she is also seeking reappointment because she desires to continue to be a part of formalizing the goals she is so proud of developing four years ago. The School Board is working on assessment and curriculum revisions. It is her personal hope that through the curriculum revision, that there will be specific areas of content so parents and people who hire County graduates will know what the County's expectations are. For her, the curricu- lum revisions and seeing this goal completed is one of the most important things she will undertake as part of the School Board. Mrs. Moore said there are many issues the School Board is faced with, i.e., budget, $1.4 million shortfall, opening of a new school, growth, salaries and a new curriculum. The schools must change and constantly improve to meet the needs of the different lifestyles, cultures and technology. This undertaking is and will not be easy and she has the budget experience to offer. Mrs. Moore said if she is reappointed, she will continue to commit the time and energy necessary for the school system. She will advocate for the schools and continue to be responsive to the community. She will also continue to give 110 percent to the children of Albemarle County. She is a parent and wants every child in Albemarle County to receive the education he/she needs to succeed in life. A strong educational foundation is an essential component for success. She respectfully requests reappointment to the School Board. Ms. Janet Dill said she is applying for the School Board position in the Samuel Miller District. She has lived in the County for 12 years and graduat- ed from the University of Virginia (UVa) with a Bachelors degree in science and in nursing. She works part-time at UVa in the Division of Epidemiology as an infection control practitioner. She has five children who range in age from 11 to 15. Her husband owns two local businesses, Rebeccas Natural Food and Hunt Country Store. Her most challenging business experience was starting Rebeccas Natural Foods in the fall of 1987. She owned and managed Rebeccas for two years. Her family is blended through adoption. Three years ago, shortly after adopting two children, she tried to find a support group to help her family through some of the difficult times adopted families go through in adjusting to new children. She could not find any group in the community. As a result, and with the help of others, she began a support group called Adopted Families of Central Virginia which is an active support group now for adoptive and prospective adoptive families. This group filled an overwhelming need in the community. The group is not even three years old and already has 100 families enrolled. She is also an active member in the Thomas Jefferson Unitarian Church for more than eight years and was chair 'of its Children's Education Committee. Her children have attended Murray, Meriwether Lewis, Henley and Western Albemarle High School. She is a past member of the Virginia A1 Murray's Parent Advisory Committee and is currently a member of J. T. Henley's School Improvement Program. She has been actively involved in her children's education for the past eight years. Her own five chiIdren have diversity of emotional and educational needs. She has personal experience with how schools deal with gifted children and children with special needs. She is an energetic person, organized, and has an objective and reasonable approach to analyzing difficult situations. She thinks these qualities would make her a good addition to the current School Board. Ms. Dill said one of her goals, as a School Board member, would be accessibility to the teachers, students and parents and to visit the schools as often as possible to hear first-hand the concerns. A school system needs to be developed where everyone feels valued in their role, with the ultimate goal being to give all children an education that would enable them to move into the community and make a positive contribution to that community. 000289 December 15, 1993 (Regular Night Meeting) (Page 6) Ms. Jennifer Workman said if the Board is judging on the application, the application does not tell them anything other than that she is a graduate of James Madison University (JMU). The other qualifications would not show anything because she has never done any type of community work. She has done a lot for her family, but nothing to put on an application. She graduated from JMU with an Education Degree in Geology and does have experience of teaching in the classroom. She taught in Orange County, Harrisonburg City Schools, overseas in Tiarrah College and at Albemarle High School. She owned her own business for two years. She has two children. She and her husband have started their own business since the birth of her two children and she manages the corporation. She is interested in education and would like to be a member of the School Board. She feels the future is technology and comput- ers. She feels with her experience in the classroom, private business and in corporation, she will be able to make decisions necessary to help children prepare for the workplace in the future. Ms. Workman said if she is appointed to the School Board, an important factor, to her, would be to help teachers do their jobs. She would also put an emphasis on technology. Ms. Diane Talarico said she has applied to become a School Board member representing the Samuel Miller District. For the past 12 years she has been an employee of Albemarle County schools. First, as a special education classroom teacher, then a program specialist and an instructional facilitator. During those 12 years she has seen the school system achieve high quality programs for students, but more recently, watched that quality deteriorate. She asked why the children are being sent to classrooms where teachers and principals are pressured to improve standardized test scores practiced 30 years ago. In addition to her educational background, she has experience in the business world. For the past 12 years, she and her husband have owned a small business in Charlottesville and have personally felt the rise and fall of the economy. She knows how to spend wisely and within her means. If appointed to the School Board, she feels she will bring with her innovation and problem-solving skills. Her goal is to replace competitive learning with cooperative learning and bring quality back to the educational programs of Albemarle County. Her vision is to create learning communities within the schools that address the needs of today's students and to support the leaders of these communities (the teachers and principals) with the resources and technologies needed to accommodate the various groups of students in the public schools today. Mr. Madison Cummings said he is a candidate for appointment to the Samuel Miller seat on the School Board. Since he was previously interviewed, he hopes the Board is be familiar with his qualities, characteristics and accomplishments. He can promise three things if appointed to the School Board: advocacy for the school system and children of the County, commitment to the work of the School Board and governing of County schools, and most importantly, openmindedness and flexibility in decision-making. Ms. Kathlene Parker said she is speaking in support of Janet Dill for the Samuel Miller District's seat on the School Board. She has seen Ms. Dill balance her life as a mother, career and still manage to keep room for herself. She has known Ms. Dill in her capacity as a nurse. She has also known Ms. Dill as a teacher. Ms Dill possesses leadership skills, co-leader, supporter and independent thinker which are all qualities necessary in a School Board member. Ms. Dill works well with people and is dedicated. She believes Ms. Dill has an open mind and active ear, sharp intellect and a generous heart. Ms. Dill would be an excellent candidate and superb represen- tative of a diverse population. Mr. Bernard Haynes said his concern is the children of Albemarle County and Charlottesville. He is concerned that there is a need to have a deeper focus on what children are being taught, behaviors and concerns for the parents. If he were appointed to the School Board, he would be able to bring a different perspective. He promises to have a deep concern for the children. He is working at Red Hill and Yancey Elementary Schools and has seen what needs should be addressed. He has first-hand knowledge of behavior patterns and children. The only way these needs can be addressed is by funding, programs, supporting principals, counselors and special programs. He has found that a lot of programs have been cut which resulted in harm to the children and their families. He thinks he can bring a different focus, prospective and out-look to the School Board. Mr. Haynes said he moved to this area two years ago from Philadelphia where he worked for eight years supervising a campus-based program and dealt with emotionally disturbed children. He has worked with children as a prevention specialist at Region Ten since moving to Charlottesville. He sees the things that need to be addressed in the schools and feels as a member of the School Board he can bring this information to the Board and help in problem-solving. He promises to work hard, bring helpful information to the School Board and successfully accomplish tasks. Ms. Louella Gohaner-Lyles said she resides in Albemarle County and would like to be appointed to the Albemarle County School Board to represent the Charlottesville District. She is sure that Mrs. Moore has done an excellent job and she wishes the Board could appoint two persons. She is an Assistant Administrator of Human Services which serves Planning District 10. She has the opportunity to come from behind her desk and go into the field and work December 15, 1993 (Regular Night Meeting) (Page 7} 000290 with families and children who are at-risk. She is disturbed with what she sees. Her daughter will be five years old in a few weeks and will be attend- ing Agnor-Hurt Elementary School. She and her husband spent last Tuesday morning touring the school and realized that the school system is well- prepared to teach the children. She is concerned about the children that are filling the court rooms. She would like to see the crowds in the classrooms. She does not feel there is enough parental involvement in the schools. She feels that Monticello Area Community Action Agency (MACAA) and people at MACAA have found the key to get parents involved. She would like to share that key and feels she could do so by becoming a member of the School Board. She feels competent administrators and teachers need to be hired to teach the children because of the diversity. She would like to be one of the forerunners in getting parents involved in their children's education. Regardless of whether she is appointed, she is going to make sure that parents get involved. She has a different style and flavor. She is energized, an excellent communicator and mediator. Ms. Charlene Martinez, of the Forum for Hope and Healing, said the Forum deals with issues of racism in the Charlottesville/Albemarle community. Because the Forum is a non-profit organization, she cannot endorse any particular candidate, but she feels it is important that there be a represen- tative from the minority community on the School Board. For elected offi- cials, those issues are very important. People can speak about the fact that they want to cooperate with persons who are different than the white communi- ty, yet, if there is an all white School Board, there is no action to follow up that statement. She feels it is important that there be representation from minority communities (black, hispanic and other minority groups). The community is diverse and there are a lot of interests and concerns that an all white School Board, in virtue, perhaps cannot speak to. She urges the Board to consider the importance of appointing a minority person to the School Board. Mr. Steve Von Storch, speaking on behalf of Diane Talarico, said as a parent with children soon to enter the school system, the most important issues in schools are teaching, what is being taught, how it is being taught and by whom it is being taught. Ms. Talarico's comments reinforce her focus on that as the core of teaching in schools. Both her education and teaching experience fully qualify her to do a great job. That is the most important issue to his children and to him. Ms. Paula Norton, a teacher at Albemarle High School, said she, too, is present to speak on behalf of Diane Talarico for the Samuel Miller District seat on the School Board. She and Ms. Talarico have worked together for the past twelve years as educators in Albemarle County. She knows Ms. Talarico both a friend and colleague. Ms. Talarico began as a teacher of the gifted and has evolved into a remarkable educator. She is both a passionate advocate and visionary and at the same time, one of the most straight talking pragma- tists. Ms. Talarico is not afraid to speak her mind and is an incredibly powerful consensus builder and facilitator. An organization such as the School Board requires both top quality people and a diverse membership. She guarantees that Ms. Talarico would contribute both to the quality and diversi- ty of the Albemarle County School Board. Ms. Talarico would bring a great deal of education training expertise and reflection as a School Board member. She would also bring a true heart committed to social justice, a powerful, remarkable intellect and great sense of humor. She is proud to speak on Ms. Talarico's behalf and is excited about the prospect of having her serve as a School Board member. Ms. Loretta Henderson said she is present to voice her support for Louella Gohaner-Lyles. She has known and worked with Ms. Lyles for the past seven years. Ms. Lyles has the ability to take a set of particulars, address the issue and make productive results. As a former secretary/treasurer of a small minority business in Albemarle County, she had the ability to budget and plan. As the Assistant Director of MACAA, education has been a primary goal for allowing people to become productive and feel self-worthy. She feels Ms. Lyles will carry over her networking skills in the community, and Albemarle County schools and residents will continue to grow with her. Ms. Virginia Michel, a resident of Albemarle County for 20 years, said she has known Janet Dill, for the past 20 years as well. When Ms. Dill told her that she was applying for the School Board, she was thrilled. She feels the residents of Albemarle County would be lucky to have someone of Ms. Dill's caliber to serve in this position. Ms. Dill has the qualifications and experience needed to serve as a School Board representative. Ms. Dill has business experience, has been actively involved in the education of her five children who all attend Albemarle County public schools, has served on numerous committees at the school, volunteered in the classroom and has been very active in the community. Ms. Dill has the ability to look at issues from all sides and come up with creative solutions to problems. Ms. Michel said Ms. Dill's reasons for seeking this position on the School Board are based on a strong commitment to education, not any hidden personal agenda or political ambition. Mrs. Humphris said Ms. Karen Powell is the only candidate for reappoint- ment as the Jack Jouett District representative on the School Board. Ms. Powell had a conflict tonight and could not attend this meeting. Mrs. Humphris said most Board members are aware of Ms. Powell's qualifications. December 15, 1993 (Regular Night Meeting) (Page 8) Mr. Bowerman thanked everyone for attending the hearing. He stated the Board would make a decision at its meeting on January 5, 1994. (Mr. St. John left the meeting at 8:02 p.m.) Agenda Item 7. SP-93-28. Hydraulic Road Partnership. Public Hearing on a request for an indoor athletic facility to allow expansion of existing racquet facility on 4.133 ac zoned LI located on W sd of Rt 743 approx 500 ft N of Rt 657. Property in Rural Area 1. TM61,P5A. Charlottesville Dist. (Advertised in the Daily Progress on November 29 and December 6, 1993.) Mr. Cilimberg summarized the staff's report which is made a part of the permanent records of the Board. The applicant is proposing an expansion of the existing building for the Albemarle Racquet Club. The Club operates on a membership basis with each member having a key to the building. No employees are based at the site. The 42 foot by 93 foot expansion would permit up to three new international style squash courts. Currently three court areas exist (one is used for warehousing). The applicant's intent is to use the expanded building area for two courts with the remaining space for warehousing until such time as demand for an additional court exists. Mr. Cilimberg said staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to the following condition: Use is limited to the existing building and building expansion shown on a plan for R.E. Lee and Son, Inc., showing proposed A.R.C. addition and initialled WDF, 11/10/93. Mr. Cilimberg said the Planning Commission, at its meeting on November 23, 1993, unanimously recommended approval subject to the above noted condi- tion. The public hearing was opened. Mr. George McCallum, was present to speak for the applicant. He said this is a follow-up to a presentation made on September 15, 1993, when this Board amended the Zoning Ordinance to permit indoor athletic facilities within certain districts. A special permit is required in the Light Industry (LI) District. Shortly after the zoning Ordinance was amended, the applicant submitted this application. The request is for an expansion of an existing athletic facility (squash course) which is a grandfather use. The other uses on the site, which are the contractor's office and warehousing space, are by- right uses. The applicant agrees with the recommended condition. He asked that the Board grant this special permit for an indoor athletic facility subject to the condition as recommended. With no one else rising to speak, the public hearing was closed. Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to approve SP-93-28 subject to the recommended condition. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin. None. (Note: The condition of approval is set out in full below.) Use is limited to the existing building and building expansion shown on a plan for R. E. Lee and Son, Inc., showing proposed A.R.C. addition and initialled WDF, 11/10/93. Agenda Item 8. Public Hearing to receive comments regarding the FY 1994-95/1998-99 Capital Improvements Program. (Advertised in the Daily Progress on November 29 and December 6, 1993.) Mr. Tucker said the hearing tonight was set so the Board could receive public comments for the five-year Capital Improvements Program (CIP). The Board may adopt, either tonight or at a future date, this CIP based on comments received plus any changes to the proposal. Early next year, the 1994-95 Capital Budget will be presented for adoption. There is a delay because of a joint meeting with the School Board scheduled in January to review new enrollment projections. There is a good possibility these may have an effect on the school projects proposed. Also, staff has not finalized work on the Berkmar Drive project. Since the last work session on November 17, there is a revised cost estimate for the Meadow Creek Parkway. The rest of the information remains the same. For the reasons mentioned, staff proposes that the Board delay adoption of the Capital Budget for FY 1994-95. (Mr. St. John returned to the meeting at 8:13 p.m.) Mrs. Humphris suggested that for the Meadow Creek Parkway project north of Rio Road, for purposes of clarification, the Board adopt something which states which section the Board is referring to, i.e. Phase I from the City limits to Rio Road, etc. She asked why the $2.0, $2.5 and $5.5 million December 15, 1993 (Regular Night Meeting) (Page 9) 000292 amounts are lumped into 1996-97 and 1997-98. Mr. Tucker said the project has been moved closer but could easily be moved back to 1998-99. The project is there to remind the Board that it must be funded and if the Board ever wants to acquire, receive or accept any rights-of-way, the State Code indicates that the project must be in the CIP. To avoid questions if development occurs, staff wants to be able to accept rights-of-way, proffers or land by the project being in the CIP. Mr. Marshall asked when the Board is going to have an in-depth discus- sion of the Meadow Creek Parkway. Mr. Tucker said the Board can discuss it at any time, but unless funding becomes available, it will be a while before the project can begin unless it is done in small phases as development occurs along rights-of-way. Mr. Cilimberg said the Metropolitan Planning Organization (MPO) forward- ed through VI)oT a change to be incorporated in the traffic model for the Towers Land Trust Comprehensive Plan amendment for land which lies in that area. The MPO Technical Committee has approved the new traffic zone data and it was recently mailed to the MPO's Policy Board members. Mrs. Humphris said she cannot believe the jail renovations, for a kitchen and ventilation system were put off for another yea~. To her, this is one of the most pressing health and safety issues the County is facing. Mr. Tucker said if the Board wants to move this project forward, some other project will have to be moved. Mr. Perkins asked if there is any additional information on the Western Albemarle underground tunnel. Mr. Tucker said "no." Staff had hoped to have further recommendations from the School Board, but nothing has been received. Mr. Perkins said the last he heard the School Board was talking about an overpass rather than an underground tunnel. He does not know that this will solve the problem if the children are going to be running up and down the road. The public hearing was opened. Mr. Ray Wirth said in last year's CIP there was an item for a satellite facility at the County Office Building. He is relieved that it is not in this year's CIP. He has commented before about maintenance and repair items appearing in the CIP; in the document before the Board there are seven such items under Education. Me does not think this is are appropriate. The Planning Commission also commented about maintenance and repair items being in the CIP. Playground type items appear in the Parks and Recreation section, and the Planning Commission commented about this as well. For the 1994-95 year there is money allocated for expansions at Red Hill Elementary and Woodbrook Elementary Schools. He has written to each Board member about school enrollments, specifically elementary enrollments, and no matter which estimates are used, he feels there is ample elementary school capacity. He hopes this Board will defer spending money on elementary school expansions until it reviews existing capacities. He recognizes the necessity for an increased capacity at the high school level, but is relieved to see that the Board has allocated no money to be spent on the high school in the next fiscal year. To him this is still a very open question. Ms. Brenda Haison, Scottsville Park Development Association, thanked the Board for its recommendation of improving the Scottsville ballfields. This is a long awaited and much needed project for the community and she looks forward to the improvements and development of the fields. Mr. Thomas McGuire, representative of Greet Elementary School Parent Teacher Organization (PTO), said he would like to see the Greer outdoor recreational improvements moved from the 1995-96 budget to the 1994-95 budget. Presently, Greer Elementary is approximately 20 years old and has five pieces of recreation equipment. Two of these were installed when the school was built and the other three were paid for by the PTO. There is not a lot of play area for the younger children and the Parks and Recreation Department has stated that this needs to be improved. Mr. Bob Smith, representing First Interstate Development Corporation, current owners of Rio Hill Shopping Center, urged the Board to keep the extension of Berkmar Drive as close to the immediate timeframe as it can. In addition to having built one-quarter mile of Woodbrook Road when the shopping center was developed, one-quarter mile of Berkmar Drive was also built and sat vacant for a number of years until the Board extended the road to the Agnor- Hurt Elementary School. He requested that the Board keep the Berkmar Drive Extension as close to schedule as possible. Mr~ Don Wagner, representing the North Charlottesville Business Council, said he concurs with Mr. Smith. The business community on Route 29 north feels it is important to have the parallel alternate road in place as soon as possible. He knows a number of landowners who have agreed to donate the land for the Berkmar Drive Extension, provided the extension is built within a reasonable timeframe. Mr. Steve Von Storch, residential property owner alon9 the proposed extension of Berkmar Drive, assured the Board that he is comfortable with the alignment. He feels it has been well thought out. 000293 December 15, 1993 (Regular Night Meeting) (Page 10) Mr. Frank Stoner, business owner, said he also supports the extension of Berkmar Drive. He can sit at a table in his restaurant and look at traffic on this section of Route 29 north. It is his personal opinion that the section between Sam's Club and Rio Hill has become the worst traffic problem on Route 29 North. Anyone who travels on Route 29 north, particularly on Saturday mornings, is aware that traffic backs up across the North Fork Rivanna River. When there is a University of Virginia basketball or football game, the traffic is backed up further than that. He urged the Board to seek whatever funding is available to get the extension of Berkmar Drive completed. He thinks the extension will be extremely effective at eliminating road blocks between Sam's Club and Rio Hill. There being no further comments from the public, the public hearing was closed. Mr. Marshall said he supports the Avon Street/Route 20 connector. There are a number of new subdivisions along Avon Street Extended and traffic is horrendous. The curve from Avon Street Extended onto Route 20 has become very dangerous. Mr. Tucker said staff will continue to request the Highway Department to consider adding an interchange at the intersection of 1-64 and Avon Street. He thinks it would be wise if this were done before the connec- tor is reviewed. Mr. Cilimberg said there is an on-going study with the City, through the MPO, looking at alternatives for roads in the southern urban area, including an interstate interchange and various combinations thereof. There is no guarantee that the interchange will relieve the need for the Avon Street Extended/Route 20 connector, but the consultant is reviewing all of this as part of the study which is supposed to be completed within the next three months. More definitive answers to these particular questions will be brought forth once the study has been completed. Mr. Bain asked if the Greer Elementary School outdoor recreation project had been moved into the future in the CIP. Mr. Tucker said he believes it should be funded in fiscal year 1995-96. Mr. Bain said he would be inclined to pull a couple of these type projects into the present year, assuming that the work preparation can be done, since they are not large projects. 'Mr. Martin concurred. Mr. Tucker said in the next process, staff is going to try and identify through policy, what projects fit into the CIP versus being maintenance and repair projects. Mr. St. John asked if the auditors make recommendations for these projects. Mr. Tucker said the auditors have not gotten into a lot of detail with regard to the County's CIP. Staff has requested that they review and advise it on how to define projects. Recently, when certain projects become very costly, the Schools shifted them to the CIP. Mr. St. John said there is criteria that has to be met before a project can be categorized as a CIP project. Mr. Tucker said staff is going to try and identify that criteria in next year's review period. Mr. Bain asked about the Auditor's requirements concerning bonding capacities. Mr. Tucker said the Finance Department staff is going to try and begin Fixed Asset Accounting this year, but they do not think it will be ready to be used on-line. Mr. Bain said he talked with the Director of Finance and was told it is not a large project. Mr. Tucker said Mr. Breeden is planning to do something less than what the auditors have suggested. There was a consensus by the Board that a Fixed Asset Accounting system be completed and implemented. Mr. Bowerman said he feels citizens would benefit from a sidewalk connecting Carrsbrook Drive and Rio Road along Old Brook Road. This can be done for the amount of $15,000 and it is a public health and safety project. All of the sidewalks that could be built by private developers have been done as projects developed. The only pieces left are those along sections which have not been developed. Another 400 to 500 feet of sidewalk will be con- structed by the developer during the last phase of Raintree. There will be approximately 700 to 800 feet left without sidewalk, all of this on VDoT property where no development is scheduled. Purchase of some right-of-way may be involved. He would like to add $15,250 (although he feels it will ulti- mately cost less) and move the project to next fiscal year. He recommends that this be paid for by increasing the total CIP appropriation. Mr. Perkins asked if this would qualify as a Revenue Sharing project. Mr. Bowerman said V/DoT will not pay anything toward this project. In fact, during the last phase of Raintree, VDoT did not even want the sidewalks in their right-of-way so they were moved back and are separated from the street by a grass strip approximately four feet wide. Mr. Tucker said an asphalt sidewalk similar to the one on Georgetown Road can be installed. The Board may have to obtain some additional rights-of-way. Mr. Bowerman said he thinks this is a neces- sary improvement. There was a consensus of the Board that the completion of sidewalk along Old Brook Road be moved from fiscal year 1995-96 and placed in the 1994-95 CIP. Mr. Marshall requested the Board hold another public hearing on the total plan after the suggested amendments are made. December 15, 1993 (Regular Night Meeting) 000294 (Page 11) Agenda Item 9. Public Hearing on an Ordinance to amend and reenact the Code of Albemarle in Chapter 12, Motor Vehicles and Traffic, Article VII, Speed Limits, by amending Section 12-41 entitled "Authority to establish on certain subdivision roads", by adding the following words: "... and to establish, increase or decrease the speed limit upon any road, within a subdivision approved and platted pursuant to Chapter 11, Title 15.1 of the Code of Virginia which is dedicated to public use but not part of the Virginia Secondary System of Highways." This amendment will also add a Section 12-41.1 entitled "Private roads designated highways" and sets forth "Greenbrier Drive within the subdivision of Townwood" as a road where speed limits may be enforced. (Advertised in the Daily Progress on November 29 and December 6, 1993.) Mr. Tucker said the ordinance contains two amendments. One would allow the County Executive, based upon an engineering and traffic investigation, to set speed limits on subdivision roads approved and platted for public use which are not yet a part of the Virginia Secondary System of Highways. The second amendment will show the actual road where these speed limits will be established. The request tonight is for Greenbrier Drive, the subdivision of Townwood. The County Engineering Department has reviewed this road with VDoT and determined that the proper speed limit should be 35 miles per hour. The proper signage will be installed upon adoption of this ordinance. The language also designates such highways for law enforcement purposes. Mr. Tucker said since this public hearing was set another request was received from the Townwood Homeowner's Association to have all of their roads policed for law enforcement purposes. Under the code of Virginia, certain private roads have to be designated as highways. When this item was presented for discussion, the Board decided to include the major collector road which is Greenbrier Drive and not to include the cul-de-sac street off of Greenbrier Drive. In the Board's CIP, this end of Greenbrier Drive is to be connected to the section of Greenbrier Drive at Whitewood Road in the next three to five years. The road would then be totally within the state highway system. The public hearing was opened. With no one rising to speak, the public hearing was closed. Motion was offered by Mr. Martin, seconded by Mr. Bain, to adopt an ordinance to amend and reenact Section 12-41, Article VII, Speed Limits, Chapter 12, Motor Vehicles and Traffic, and to add a new section 12-41.1 thereto. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. ORDINANCE AN ORDINANCE TO AMEND AND REENACT SECTION 12-41, ARTICLE VII, SPEED LIMITS CHAPTER 12, MOTOR VEHICLES AND TRAFFIC AND TO ADD ANEW SECTION 12-41.1 THERETO BE IT ORDAINED by the Board of County Supervisors of Albe- marle County, Virginia, that Section 12-41, Article VII, Speed Limits, Chapter 12, Motor Vehicles and Traffic, of the Code of Albemarle be amended and reenacted to read as follows: Sec. 12-41. Authority to establish on certain subdivision roads. The county executive is hereby authorized to establish, increase or decrease the speed limit upon any road within a subdivision approved and platted pursuant to Chapter 11, Title 15.1 of the Code of Virginia which is open to the public but not part of the Virginia Secondary System of Highways; provided such road or roads form through connection between two (2) roads which are in the Virginia Secondary System of Highways; and to estab- lish, increase or decrease the speed limit upon any road, within a subdivision approved and platted pursuant to Chapter 11, Title 15.1 of the Code of Virginia which is dedicated to public use but not part of the Virginia Secondary System of Highways. Any such action by the county executive shall be based upon an engineering and traffic investigation, and such speed area or zone shall be clearly indicated by markers or signs. State law reference--Authority for provisions of this article, Code of Virginia, Section 46.2-1300 et seq. AND FURTHER ORDAINED that a new Section 12-41.1 be added reading as follows: Sec. 12-41.1. Private roads designated highways. December 15, 1993 (Regular Night Meeting) (Page 12) 000295 Pursuant to Virginia Code Section 46.2-1307, the following private road or roads are hereby designated as highways for law enforcement purposes: (a) Greenbrier Drive within the subdivision of Townwood. Agenda Item 10. CPA-93-04. Community Facilities Plan (Solid Waste Management Section). Public Hearing to amend the Albemarle County Comprehen- sive Plan in the Community Facilities section to include a section on Solid Waste Management to serve as a guide for solid waste management activities in the County. (Advertised in the Daily Progress on December 1 and December 8, 1993.) Mr. Cilimberg summarized the staff report which is on file in the Clerk's office and made a part of the permanent records of the Board. The purpose of this section is to establish County policy on Solid Waste Manage- ment. This section will serve as a guide for County and Citizen Advisory members on the Rivanna Solid Waste Authority (RSWA) Board of Directors and convey to the public the County's policy concerning Solid Waste Management. Mr. Cilimberg said staff recommends the following: Continue the development of an aggressive program to extend the life of the Ivy Landfill by considering a combination of solid waste management activities such as source reduction, reuse, energy recovery, inert material alternatives, composting, recy- cling and education. These programs should strongly encourage the participation of individuals, businesses and institutions. 2 o Initiate a study and locate a new landfill site. This study should be in conjunction with other jurisdictions and the possi- bility of a regional landfill(s) should be considered. This should be completed while ten years of useful life of the landfill still remain. 3 o Continue to explore and develop long term management arrangements. Explore the possibilities of a regional authority that serves the planning district. Continue to develop a cost-effective and beneficial method to collect recyclables and implement this program immediately. This will ensure the county is adequately meeting state mandates for recycling and will result in the reduction of the amount of material received at the Ivy Landfill. 5o Continue development of a data collection program that allows the accurate reporting of recycling activities and allows the data to be used for accurately projecting future waste stream. Develop and implement an integrated education program and materi- als for all aspects of the waste stream in consultation with the city, university, RSWA, private sector and other interested groups. This education program should promote the purchasing and use of recyclable materials, encourage reduction of the waste stream and address the illegal dumping that is currently occur- ring. Initiate a reduction and reuse program for all county offices and schools. 9o Develop and implement a comprehensive household hazardous waste program. Provide a drop-off recycling center at the Ivy Landfill. 10. Establish a committee to study illegal dumping activities in the county and formulate recommendations to address this problem. Mr. Cilimberg said the Planning Commission, at its meeting on October 5, 1993, unanimously recommended approval of this amendment to the Comprehensive Plan. (Mr. Bain left the meeting at 8:52 p.m.) The public hearing was opened. Mr. Randy Layman said a lot of the information in this document is outdated. On page six, transfer stations are talked about as collection facilities. He thinks transfer stations need to be better defined. In the front of the document, it refers to transfer, disposal and recycling centers. Transfer stations are basically designed to transfer garbage from one location or locality such as the County or City to outside of such area. Disposal centers are basically facilities where homeowners drive to a location and deposit for disposal. There is a big difference between a transfer station and a disposal center. The concept in the third paragraph regarding a transfer station has been "hashed through" by numerous consultants and task 00029G December 15, 1993 (RegUlar Night Meeting) (Page 13) force studies since 1986. This concept is continually mentioned and eventual- ly done away with. On page eight, recommendation number one (license all haulers and make it a condition of their licensing that recycling services be provided) has already been fulfilled because an ordinance requiring this has been adopted. He checked this afternoon and every hauler who does business in Albemarle County has already complied with the ordinance and obtained a license to offer the recycling program. He thought recommendation number two (contract out recycling services to one major provider) was to be left out of any future document according to discussions (the agreement) held with the haulers doing business in the County who agreed to get the second license and provide the recycling program. Recommendation number three (establish staffed drop-off centers at various locations around the County), has been studied through consultants and two task force groups. This was not recommended as it was found to be the most expensive way of recycling. The haulers understood that by obtaining a license and making capital expenditures, this would be dropped, as well as recommendation number four (establish service districts and award contracts for trash collection and recycling). The haulers would like to see recommendations two, three and four deleted from this document if they are to be part of the long-term Comprehensive Plan. Mr. Layman said this document addresses a lot regarding disposal, methods for disposal and waste-to-energy. He reminded the Board that each member had an opportunity to visit the Waynesboro bailing operation and if nothing else is done, he thinks this should be looked at seriously. He understands this type of facility is not recommended by the County Engineer, but it is working in a neighboring county. He feels this is a good way of saving landfill space. On page 13, the document recommends that a committee for illegal dumping be established with representatives from the public, haulers, RSWA and the County; the Haulers Association is willing to have a representative on such committee to help study these problems throughout the County. He would like to see this document reviewed more carefully, clarified and the recommended items deleted before this Board makes it part of the Comprehensive Plan. If his suggestions are incorporated, all citizens would make the financial investment necessary for haulers to provide services more easily. Ms. Angela Glomm, past-Chair of the Citizens Advisory Committee of the Rivanna Solid Waste Authority (RSWA), said she is present as a private citizen. She has a long time interest in the area of solid waste. She has reviewed the document and said it is important to have such a document to guide members of the Citizens Advisory Committee and staff members of RSWA. This gives continuity and enables this Board to have input into and guide their actions and decisions. She feels this document is unclear as to who will be doing what, mostly under the section entitled "recommendations" She feels Rivanna should be directed to do recommendation numbers one, two, three, five, six and eight. The other recommendations, four, seven, nine and ten, need further clarification as to whether this will be something done solely by County staff or in conjunction with the RSWA. She concurs with Mr.,Layman's comments regarding areas in the document related to collection which seem to be outdated. She was pleased t° see that there are specific sets of guide- lines for choosing a new landfill and site selections are being reviewed. She thinks the foresight the Rivanna Water and Sewer Authority (RWSA) showed in purchasing the land for the Buck Mountain Reservoir was wise and the sooner the RSWA begins looking for a new site, the better off it will be. She feels it is important that the County encourage leadership by example and purchase recycled, as well as recyclable materials. This would help both the public and private sector to know what materials are recyclable. There being no further comments from the public, the public hearing was closed. Mrs. Humphris asked what the Board can do about changin9 the part of the document (to reflect suggestions Mr. Layman made). Mr. Tucker said the document was begun some time ago and a lot of the recommendations and sugges- tions in it have already been implemented. He thinks staff was attempting to give the Board options. The important part of this document are the recommen- dations on pages 14 and 15. Mrs. Humphris asked if the fact that these items have become history presents a problem. Mr. Tucker said the Board can eliminate them if it chooses, but in many planning documents there are options pointed out that may be available. This is what staff was attempting to do in this document. Some of the items, with regard to the recycling ordinance, have already been imple- mented. Mr. St. John said he does not feel changing this document as presented would have any affect because there is no legal problem with having something in a plan that has already been done. Mr. Cilimberg said these documents look twenty years into the future and that is why strategies that decisions may have been based upon are included. It is unknown how a decision will be made ten years from now. These strate- gies were left in the proposal as possibilities and options for the Board. A lot of precise identification of who does what in recommendations is not suggested. This naturally occurs during the Board's decision-making process and some future board of supervisors may have ideas for making decisions on who implements plan areas. Mr. St. John said the word "implementing" is the 000297 December 15, 1993 (Regular Night Meeting) (Page 14) key to Mr. Cilimberg's comments because a decision is made when it is imple- mented. Mr. Marshall said he understands Mr. Layman's comments because if a future board says hauling should be contracted to one individual, the haulers have a substantial investment that could be lost. If this is not going to happen, this document needs to state that it is not going to happen so that the haulers can actively expand their businesses. He does not want to take this business out of the hands of private enterprise because he feels they can operate cheaper and competition is something that will keep the price reason- able. Mr. Tucker said if there is consensus of the Board, staff will rework those portions of the document. It is not staff's intent to recommend that the County contract business to a hauler. Mr. Martin said he does not have a problem with approving the document tonight, incorporating amendments and deleting recommendation numbers two, three and four. He thinks Mr. Layman has made some excellent points and this decision will not prevent a future board from deciding to add those in if they are needed. Mrs. Humphris said she is not sure that this Board should change the document that came forward which gave the options. Mr. Bain said by leaving them in the amendment, the plan being adopted is for twenty years and may not become effective immediately. This is not what this Board acted on in the past six months. Mr. Bain said he does not see any urgency to enact these amendments tonight. The changes could be made or it could be fine-tuned. Mr. Perkins said he has some concern about item six on page five of the document concerning agricultural/forestal districts. There is a good chance that the best potential site for a landfill will be in those districts. He looks at this plan differently from developing plans for residential or business uses. A landfill is a temporary use that allows the land to revert back to agricultural/forestal use after it has served its purpose as a landfill. He does not feel this Board should obligate itself by stating that it cannot use the land in those districts because it may be the best place for a landfill. Mr. Bowerman and Mr. Marshall concurred. Mr. Bain said that is a good point, but yet this Board is saying that because of what is currently in the Plan and possibly in the ordinance that this is protected from development and it may need to be reworded because as proposed it states ',agricultural/forestal districts should be protected from development, including the siting of a sanitary landfill." He said develop- ment is development in terms of residential and this is why people include their property in the agricultural/forestal districts, maybe this should be distinguished. He supports the idea that it should be protected from develop- ment. Mr. Tucker said he thinks it is covered somewhere else in the Plan and the only reason it is in this amendment is the addition of the last phrase "including the siting of a sanitary landfill." Mr. Cilimberg said the criteria was intended to establish what the Board would be looking for if there were multiple site possibilities and how they would be prioritized. What this amendment is stating is that the priority would be to stay away from an agricultural/forestal district unless it did not have any other options. If the Board feels that this phrasing is not clear, the language could be amended to correct the wording. This amendment does not mean that some of this criteria may not have to be violated and the criteria is not binding. Mr. Tucker said this Board has expressed its comments and concerns and staff can change the areas indicated. He hates to continue deferring this item. Mr. Bowerman said he has no problem with acting on the amendment as long as it is understood that it can be amended during the Comprehensive Plan review. He supports the deletion of the specifics mentioned. Motion was offered by Mr. Martin, to adopt CPA-93-04, as attached to a memorandum from Kenneth Baker, Senior Planner, dated October 7, 1993 (on file), as it stands with the amendment of deleting under "Collection", numbers two, three and four, and, by rewording number six under recommended Strate- gies, ',Landfills" so it is clear that agricultural/forestal districts could be used for a sanitary landfill site, as a last resort. The motion was seconded by Mr. Marshall. Mr. Bain asked why on page 10, second paragraph under "energy recovery" reading "the opposition against the construction of an incineration plant is likely to be great" was even included. There being no answer to this ques- tion~ Mr. Martin amended his motion to delete this sentence from the Plan. Mr. Marshall agreed to the amendment. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. Agenda Item 11. Approval of Minutes: May 13(A), 1992 and May 12, 1993. December 15, 1993 (Regular Night Meeting) 000298 (Page 15) Mr. Martin had read the minutes of May 12, 1993 (pages 1 to Item #8 on page 13) and found them to be in order. Mr. Bain had read the minutes of May 13 (A), 1992 (page 1 11), 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, Mr. Marshall and Mr. Martin. NAYS: None. Agenda Item 12. Other Matters not Listed on the Agenda from the BOARD. Mr. Tucker said he had been requested to check on having an item already scheduled for January 19, 1994, moved to January 12 since Mrs. Humphris will be out of town on that date. Mr. Cilimberg has not been able to get in touch with the applicant at this time. Mr. Bowerman noted that should the applicant not agree to this date, the petition will be moved to February. This.being Mr. Bain's last meeting as a member of the Board, all members expressed words of appreciation to Mr. Bain for his service on the Board. Mrs. Humphris said she had heard yesterday that the Commonwealth Transportation Board has an item on its agenda for tomorrow concerning the interchanged overpasses on Route 29 North. Mr. Rick Huff checked into this matter, and found from Mr. Jack Hodge's office that it is most likely a routine item of awarding a contract for a study. She was concerned about not having a County representative at the meeting and Mr. Huff is trying to get in touch with Ms. Connie Kinchloe to insure that it is a routine matter. Mr. Tucker said he should have a letter very soon concerning the question about a change in the Route 29 North schedule. Mr. Jack HOdge told him no change has been made, and he will put it all in writing. Agenda Item 13. Adjourn. With no further business to come before the Board, the meeting was adjourned at 9:27 P.M. Chairman