1993-01-06January 6, 1993 (Regular Day Meeting)
(Page 1)
M.B. 43, Pgo 87
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on January 6, 1993, at 9:00 A.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte
Y. Humphris, 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 9:00 A.M. by the
County Executive, Mr. Tucker.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Election of C~airman.
Mr. Tucker noted that the first item of business was to elect a new
Chairman for the Board of Supervisors° He stated that the actual motion to
nominate someone does not require a second. He then opened the floor for
nominations for Chairman.
Mr. Perkins offered motion to adjourn into executive session under Va.
Code Section 2.1-344.A.1 to discuss personnel matters. Mr. Bowerman seconded
the motion. Roll was called and the motion carried by the following recorded
vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
At 9:50 A.M., the Board reconvened into open session. Mr. Bain noted
that the Board did not certify the executive session of December 16, 1992 and
suggested that be done at this time° The executive session was on personnel
matters° The Board adopted the following certification of executive session
for the December 16, 1992 meeting:
MOTION: Mr. Bain
SECOND: Mrs. Humphris
MEETING DATE: December 16, 1992
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Albemarle County Board of Supervisors has
convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of
The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Albemarle County Board of Supervisors that
such executive meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby certifies that, to the best of each
member's knowledge, (i) only public business matters lawfully
exempted from open meeting requirements by Virginia law were
discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business m~tters as
wereidentified in the motion convening the executive meeting were
heard, discussed or considered by the Albemarle County Board of
Supervisors.
VOTE:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin,
Perkins.
NAYS: None.
ABSENT DURING VOTE: None.
ABSENT DURING MEETINO: None.
The Board then adopted the following certification of executive session
for today's meeting:
MOTION: Mr. Bain
SECOND: Mrs. Humphris
MEETING DATE: January 6, 1993
January 6, 1993 (Regular Day Meeting)
(Page 2)
M.B. 43, Pg. 88
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Albemarle County Board of Supervisors has
convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of
The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Albemarle County Board of Supervisors that
such executive meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby certifies that, to the best of each
member's knowledge, (i) only public business matters lawfully
exempted from open meeting requirements by Virginia law were
discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were
heard, discussed or considered by the Albemarle County Board of
Supervisors°
VOTE:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin
and Perkins.
NAYS: None.
ABSENT DURING VOTE: None.
ABSENT DURING MEETING: None.
Mr. Tucker then opened the floor for nominations for Chairman.
Mr. Marshall nominated Mr. David P. Bowerman. Mrs. Humphris seconded
the nomination. There were no other nominations made. Roll was called and
the motion carried by the following recorded vote:
AYES: Mr. Bain, Mrs. Humphris, Messrs. Marshall, Martin and Perkins.
NAYS: None.
ABSTAIN: Mr. Bowerman.
Mr. Tucker congratulated Mr. Bowerman for bis appointment as Chairman of
the Albemarle County Board of Supervisors.
Mr. Bowerman thanked the Board members for their support.
Agenda Item No. 5. Election of Vice-Chairman.
Mr. Bowerman asked for nominations for the Vice Chairman of the Board of
Supervisors. He stated that the motion to nominate someone does not require a
second.
Mrs. Humphris nominated Mr. Edward H. Bain, Jr., for Vice-Chairman.
Mr. Perkins nominated Mr. Forrest R. Marshall, Jr., for Vice Chairman.
Mr. Bowerman said the roll would be called for Mr. Bain first and then
for Mr. Marshall. It was agreed that nominees for the position would abstain
from voting. He then asked the Clerk to call the roll for the nomination of
Mr. Bain for Vice-Chairman. The motion carried by the following recorded
vote:
AYES: Mr. Bowerman and Mrs. Humphris.
NAYS: Mr. Perkins.
ABSTAIN: Messrs. Bain, Marshall and Martin.
Mr. Bowerman then asked the Clerk to call the roll for the nomination of
Mr. Marshall for Vice-Chairman. The motion carried by the following recorded
vote:
AYES: Mr. Martin and Mr. Perkins.
NAYS: Mr. Bowerman and Mrs. Humphris.
ABSTAIN: Mr. Bain and Mr. Marshall.
Mr. Bowerman asked the County Attorney, based on the above-recorded
vote, which motion was successful. Mr. St. John said in his opinion Mr. Bain
is the Vice-Chairman. The motion for Mr. Marshall which resulted in a tie
vote failed. The motion for Mr. Bain was voted on by three members of the
Board; an abstention does not nullify a quorum. The majority of the Board
members voting on the question voted for Mr. Bain.
January 6, 1993 (Regular Day Meeting)
(Page 3)
M.B. 43, Pg. 89
Agenda Item No. 6. ApPOintment of Clerk and Chief Deputy Clerk.
Next, Mr. Bowerman asked for a motion to elect the Clerk. Mo%ion was
offered by Mrs. Humphris, seconded by Mr. Bain, to appoint Mrs. Ella W. Carey
as Clerk, Ms. Lettie E. Neher as Chief Deputy Clerk and Ms. Jill N. Hill as
Deputy Clerk to the Albemarle County Board of Supervisors° Roll was called
and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and
Perkins.
None.
Mr. Bowerman congratulated Mrs. Carey, Ms. Neher and Ms. Hill for their
appointments as Clerk, Chief Deputy Clerk and Deputy Clerk to the Board,
respectively.
Agenda Item No. 7. Set Meeting Times, Dates and Places for Calendar
Year 1993.
Mr. Bowerman said the Code requires that the times and places for
meetings be set for the 1993 calendar year. He recommended that the Board
adopt the same meeting schedule it had in 1992. The first Wednesday of each
month would be the all day meeting to begin at 9:00 a.m., and the second and
third Wednesdays be retained as the evening meetings to begin at 7:00 p.m., in
the Albemarle County Office Building.
Mr. Martin offered motion, seconded by Mrs. Humphris, to set the meeting
times and dates as follows: the first Wednesday of the month the Board will
meet at 9:00 a.m., and the second and third Wednesdays of the month the Board
will meet at 7:00 p.m., in the Albemarle County Office Building. Roll was
called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and
Perkins.
None.
Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendments
Requested by Citizens.
Mr. Bain said in the past year the Board considered several zoning text
amendments from citizens out of the normal schedule and suggested that, if it
is not too much burden on the staff, the Board consider hearing citizen
requests quarterly. Mr. St. John commented that Board members can initiate an
amendment at any time. Mr. Bain said he would prefer to amend the Zoning
Ordinance so that citizens do not have to wait so long to have their requests
considered. Mr. Tucker said he does not think this change would generate an
inordinate number of requests and cause an impact on staff.
Mr. Bain said before he became a Board member, the Board decided to
consider these amendments semi-annually-because the staff was inundated with
requests and other staff work. He thinks it is something the Board needs to
consider so that it is more in the normal course and citizens do not have to
ask Board members to make the request.
Mr. Bain then offered motion, seconded by Mr. Martin, to set hearings
for Zoning Text Amendments from the public on June 16 and December 15, 1993.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall~ Martin and
Perkins.
NAYS: None.
Motion was then offered by Mr. Bain, seconded by Mr. Martin, to adopt
the following Resolution of Intent to amend the Zoning Ordinance to consider
hearing Zoning Text Amendments from citizens quarterly. Roll was called and
the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
RESOLUTION OF INTENT
BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, does hereby state its intent to amend Section
33.10.2 of the Albemarle County Z6ning Ordinance to consider
zoning text amendment petitions by property owners at specified
intervals of three months; and
FURTHER requests the Albemarle County Planning Commission to
hold public hearing on said intent to amend the Zoning Ordinance~
and does request that the Planning Commission send its recommen-
dation to this Board at the earliest possible date.
January 6, 1993 (Regular Day Meeting) M.B. 437 Pg. 90
(Page 4)
Agenda Item No. 9. Rules of Procedure, Readoption of.
Mr. Bowerman stated all the Board members should have had a chance to
look at the Rules of Procedure by which this Board has operated for many
years. He asked if anyone had any changes to make. There were no changes.
Motion was offered by Mrs. Humphris, seconded by Mr. Martin to readopt
the Rules of Procedure. Roll was called and the motion carried by the
following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
Agenda Item No. 10. Other Matters Not Listed on the Agenda from the
PUBLIC.
Mr. Bowerman said he received a note from Mr. Gary Grant, reporter for
WINA, which requested the Board to state the Va. Code section for the execu-
tive session. Mr. Bowerman said the executive session was personnel in accor-
dance with Va. Code Section 2.1-344.A.1 which deals with appointment of
individuals and can include the selection of officers for the Board of Super-
visors. Only matters covered in this Code section were discussed. Mr.
Bowerman said the executive session was limited to a discussion of who would
be chairman and vice-chairman for the Board of Supervisors and included only
individuals who were in the room.
There were no other matters from the public°
Agenda Item No. 11. Consent Agenda. Motion was offered by Mrs°
Humphris, seconded by Mr. Bain, to pull Items 11.1, 11.4 and 11.14 from the
Consent Agenda and to accept the remaining items as information. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
Item 11.1. Letter dated December 9, 1992, from Mr. D. S. Roosevelt,
Resident Highway Engineer, to Ms. Ellen S. Harris, re: reduction in speed
limit on Barracks Road between Charlottesville and White Hall, was received as
information.
Mrs. Humphris requested that this item be pulled for discussion under
Highway Matters.
Item 11.2. Letter dated December 9, 1992, from Mr. D. S. Roosevelt,
Resident Highway Engineer, to Ms. Marion L. Morrison, re: additional speed
limit signs on Owensville Road, was received as information°
Item 11.3. Letter dated December 21, 1992, from Mr. Ray D. Pethtel~
Commissioner, Department of Transportation, stating that Bentivar Drive (Route
1033) was added to the State Secondary System, effective December 23, 1992,
was received as follows:
"As requested in your resolution dated November 4, 1992, the
following addition to the Secondary System of Albemarle County is
hereby approved, effective December 23, 1992.
ADDITION
BENTIVAR
LENGTH
Route 1033 (Bentivar Drive) - From Route 643
to 1.01 miles Southwest Route 643.
1.01 Mi."
Item 11.4. Letter dated December 22, 1992, from Mr. D. S. Roosevelt,
Resident Highway Engineer, forwarding the monthly update on highway improve-
ment projects currently under construction and the quarterly report of pro-
jects under design, was received as information.
Mrs. Humphris requested that this item be pulled for discussion under
Highway Matters.
Item 11.5. Quarterly Report from the Jefferson-Madison Regional Library
Board, as prepared by Ms. Chris Baker, Board Trustee, was received as infor-
mation.
January 6, 1993 (Regular Day Meeting) ~4.B.43, Pg. 9!
(Page 5)
Item 11.6. Copy of Planning Commission Minutes for December 1 and
December 8, 1992, was received as information.
Item 11.7. Notice of Application filed with the State Corporation
Commission by Appalachian Power Company for approval of Experimental Demand
Side Management Programs and Residential Rate Design Experiment, was received
as information.
Item 11.8. Memorandum dated December 21, 1992, from the Department of
Taxation, Railroad & Pipeline Appraisal Section, Office of Taxpayer Services,
re: CSX Transportation, Inc., and Richmond Fredericksburg & Potomac Railway
Co. (RFP), Plaintiffs, v. William H. Forst, Tax Commissioner, Virginia Depart-
ment of Taxation, his successors in office, et. al., Defendants, indicating
that on December 10, 1992, judgment was entered in favor of Defendants, was
received as information.
Item 11.9. Notice of Entry of Order, filed on December 18, 1992, under
11 U.S.C. Sec. 1129(a) and (b) Confirming, Third Amended and Restated Joint
Plan of Reorganization of Ames Department Stores, Inc., and other members of
the Ames Group, was received as information.
Item 11.10. Executive Summary received December 31, 1992, from Mr.
Richard E. Huff, II, Deputy County Executive, re: Current status of the Avon
Street/Route 20 Connector Road, was received as information.
Item 11.11. Copy of Comprehensive Annual Financial Report for the
Rivanna Solid Waste Authority, for Fiscal Year Ended June 30, 1992, was
received as information.
Item 11.12. Copy of Comprehensive Annual Financial Report for the
Rivanna Water & Sewer Authority, for Fiscal Year Ended June 30~ 1992, was
received as information.
Item 11.13. Financial Management Report for November, 1992, was
received as information.
Item 11.14. Executive Summary received December 31, 1992, from Mr.
Robert W. Tucker, Jr., County Executive, re: Status report concerning
progress of finding office space for VPI Extension in other quarters, was
received as information.
Mr. Perkins requested staff to do a comprehensive study of office space
to include the most efficient use of buildings owned by the County~ i.e., Rose
Hill School and Crozet Elementary School. The study should also include the
possibility of using either of those facilities for Extension Service offices
or as offices for school administration.
Item 11.15. Memorandum dated December 21, 1992, from Dr. Robert W.
Paskel, Superintendent, entitled "Division Level Staff Analysis," was received
as information.
Agenda Item No. 12. Approval of Minutes: February 19 and August 21,
1992.
Mr. Bowerman had read the minutes of February 19, 1992, pages 1 - 10,
and found them to be in order.
Mr. Perkins had read the minutes of February 19, 1992, pages 23 - end,
and found them to be in order°
Mrs. Humphris had read the minutes of August 12, 1992~ pages 1 - 11
(#10), and other than a typographical error, found them to be in order.
Mr. Marshall had read the minutes of August 12, 1992, pages 11 (#10) -
end~ and with the exception of some typographical errors, found them to be in
order°
Mo%ion was offered by Mrs. Humphris, seconded by Mr. Martin, to approve
the minutes as read and corrected. Roll was called and the motion carried by
the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
Agenda Item No. 13a. Highway Matters: Route 708/631 Intersection
Improvements.
January 6, 1993 (Regular Day Meeting)
(Page 6)
M.B. 43, Pg. 92
Mr. Tucker said at the June 3, 1992 meeting the Board deferred action on
the Highway Department's request for a recommendation on the location and
design for improvements to the Route 708/631 intersection. Concerns were
expressed at that meeting about the cost, impact on adjacent property, and the
need for additional traffic flow information and accident data along with
anticipated higher traffic with the opening of Walnut Creek Park. Mr. Tucker
said the Board has received a report from Mr. D. S. Roosevelt, Resident
Highway Engineer, and after review, staff does not feel the information is
complete. Although the opening of Walnut Creek Park does not appear to have
caused any major problems at the intersection, staff recommends deferring
action in order to allow the Highway Department to collect comprehensive
traffic data for both operating and nonoperating hours of the Park. Mr.
Tucker suggested this item be deferred until October 6, 1993.
Mr. Bain had no problem with deferring consideration of this item until
October, but requested that if information is received earlier than October,
it be brought back to the Board at that time.
Ho%ion was offered by Mr. Bain, seconded by Mr. Marshall to defer
consideration of the Route 708/631 intersection improvements until October 6,
1993, to allow the Highway Department to provide additional traffic data.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Mr. Perkins asked the Highway Department to consider installing guard
rails on Route 708.
Mr. Bowerman asked if there was anyone from the public who wished to
make comments° Mr. C. Douglas Arrington said he owns property on the north-
east corner of the proposed project. He requested the Board to formally
reject the proposed project so that the Highway Department can redefine the
scope. After the June 3 meeting he requested accident data from the Albemarle
County Police Department. According to the Police Department there were a
total of nine accidents reported in 1992; two accidents were the result of
deer. Of these accidents none occurred at the intersection; five occurred
between Route 708 and Route 631 and two occurred on Route 708 between Route
631 and Route 706. He thinks that when a workable plan is agreed upon, it
should go back for a public hearing° He again asked the Board to reject the
proposed plan and direct the Highway Department to look again at the original
plans for the area with a total overview to include the approaches and exits
at the intersection.
Mr. Jerry Wilkes said he owns property situated in the curve. The
Highway Department has installed signs around the curve that has helped the
situation. Drivers have slowed down. There are still accidents that have not
shown up in police reports. He provided some photographs of several acci-
dents. He thinks that the actions taken by the Department are proof that the
curve is the problem and not the intersection. No signs have been installed
~'Warning Dangerous Intersection". He thinks the Department needs a change of
venue. He would like for the project to remain static. If something has to
be done, it should be to the curve and not just to the intersection.
Agenda Item No. 13b. Other Highway Matters.
Mr. Bowerman said Berkmar Drive will officially open next Monday~ at
9:15 a.mo
Mr. Bowerman requested a status report of the intersection of Common-
wealth Drive and Greenbrier Drive.
Mrs. Humphris referred to Item 11.1 from the consent agenda, and
expressed concern that the Highway Department does not consider high speeds as
a safety issue in the same light as the citizens who live in the area. She
expressed further concern that the Department allows the speed limit to be set
at the speed the highest percentage of drivers travel.
Mrs. Humphris referred to Item 11.4, and asked why the advertising date
for the Route 29 (S. Fork Rivanna River to Airport Rd - widen to six lanes)
project was changed from 7/95 to 11/96. Mr. Roosevelt said the date was
changed because of planning schedules. A public hearing cannot be held until
an environmental document has been drafted for public review. The date was
revised to allow sufficient time for a public hearing. Mrs. Humphris asked if
the environmental document is under contract. Mr. Roosevelt responded that
the document is being done.
Mrs. Humphris said the advertising date for the Route 712 (Hydraulic
Road Rt 657 to Route 631 - widen to four lanes) project was also revised. Mr.
Roosevelt said this date was also revised due to a problem with the planning
schedule. A public hearing on that project has been scheduled for March ll at
Jack Jouett School.
January 6, 1993 (Regular Day Meeting) M.B.43, Pg.93
(Page 7)
Mr. Bowerman expressed concern that sections of Hydraulic Road and Rio
Road will be under construction at the same time. He thinks that will create
significant traffic delays and problems for anyone using Route 743. Mr.
Roosevelt agreed. He added that thrown into this whole equation is the Meadow
Creek Parkway/McIntire Road section from the City/Route 250 up to Rio Road
which is scheduled for 1997. However, the Six Year financial plan was deve-
loped based on this project have a 1999 construction date. This project will
take about one-quarter of the funds available over that six-year period to
build. He has revised the financial plan and sent it to his district office
for review prior to bringing it to this Board. He thinks than when the plan
comes back, the Board will see that a number of projects (Hydraulic Road, Rio
Road, Greenbrier Drive, etc.) are going to have to revised and/or dropped if
the Board moves Meadow Creek up to the 1997 date. The Board will have to
decide to either change its current priorities or lower the priority for
Meadow Creek Parkway.
Mrs. Humphris then asked that when a date is revised on the project
listing an additional asterisk be added at the bottom of the page to state the
reason for the revised date.
Mr. Marshall informed staff and Mr. Roosevelt that the stop sign and
road name sign at the intersection of Route 20 and Avon Street are down.
(At 10:45 A.M., the Chairman called a recess. The meeting reconvened at
10:55 A.M.)
Agenda Item No. 14. SDP-92-079 - Auto America Preliminary Site Plan,
Review of.
Mr. Bowerman said in accordance with Section 32.3.10 of the Zoning Ordi-
nance, he requested this item be brought to the Board to review the Planning
Commission's decision of December 15~ 1992. The staff had recommended to the
Planning Commission that one of the conditions of approval be: "Abandonment
of all access easements connecting the Shopper's World property and this
property," but the Commission did not incorporate that condition into its
approval°
Mr. Cilimberg presented the staff report (on file). The applicant
proposes to locate a 9000 square foot building with 50 parking spaces on 0.923
acres zoned Planned Development Shopping Center (PD-SC) and Entrance Corridor
Overlay District (EC). The property, described as Tax Map 61M, Section 12,
Parcel iD, is located at the northwest corner of Dominion Drive and Seminole
Trail (Route 29 North).
Mr. Cilimberg said staff did not think access to Shopper's World was
necessary. At the Commission meeting there was discussion with the applicant
and the applicant expressed opposition to the condition. At the meeting, the
applicant indicated that he wanted access to both Shopper's World and Dominion
Drive, and he would develop a site plan showing those accesses. The staff is
currently reviewing the revised site plan. The Commission decided not to
include the additional condition because it felt that the site plan could be
denied if it was not satisfied with the layout and circulation in the shopping
center. The Commission did not feel this condition was critical to its
decision.
Mr. Cilimberg said there was also discussion at the Commission meeting
about the closing of the crossover at Dominion Drive which is one the reasons
the applicant wanted to have the connection into Shopper's World. He did note
that the parking configuration and circulation in Shopper's World is not
conducive to through traffic movements. The applicant has resubmitted his
site plan which proposes the other access opposite the parking area of
MacDonalds. Staff is currently reviewing that site plan.
Mr. Cilimberg said the Planning Commission, at its meeting on December
15, 1992, unanimously recommended approval of SDP-92-079 subject to the
following conditions:
The Planning Department shall not accept submittal of the
final site plan for signature until tentative approvals for
the following conditions are obtained. The final site plan
shall not be signed until the following conditions are met:
ao
Department of Engineering approval of grading and drainage
plans and calculations;
Department of Engineering approval of stormwater detention
plans and calculations;
Department of Engineering approval of an erosion control
plan;
Virginia Department of Transportation approval of right-of-
way improvements to include a commercial entrance;
January 6, 1993 (Regular Day Meeting) ~4.B.Pg. 94
(Page 8)
e. Albemarle County Service Authority approval of ten foot wide
easement along the southwest border of the property and
water meter location; and,
Architectural Review Board issuance of a final Certificate
of Appropriateness.
2. Administrative approval of final site plan.
The Chairman asked for comments from the applicant. Mr. Buddy Edwards,
representing the applicant, said a revised site plan has been submitted show-
ing the second access. He is present to answer any questions Board members
may have. He wants the Board to consider the site plan it has before it, not
the revised plan. He asked the Board to approve the plan as submitted and
approved by the Commission.
Mr. Bowerman asked for comments from other members of the public. Ms.
JQan Graves, a resident of Berkeley Subdivision, requested that the Board deny
a second access to this site. She is not asking the Board to deny Auto
America's plan. She thinks this is a good plan for that site. She is
concerned about the entrance on Dominion Drive, but even worse would be
allowing a cross through. If the condition is not reinstated~ the applicant
will have two entrances.
Mr. Bowerman said he thinks the proposed use is appropriate for the
property. He is concerned about the issue of public health and safety° He
thinks the applicant should have access to either Dominion Drive or Shopper's
World, not both. He would prefer access to Dominion Drive, but either is
acceptable to him. He thinks that the circulation in Shopper's World is
confusing. Shopper's World is a shopping center and not a route for through
traffic, and in effect it would become one if Dominion Drive is connected to
Berkmar Drive which is what this second access would do. He believes that if
this applicant is allowed this access temporarily, it will become a permanent
access. He is asking the Board to restrict access to this site, not require
that the easement be abandoned. Again, he thinks safety is a major concern.
Me does not think Shopper's World can handle this type of through traffic
without serious traffic problems within that shopping center.
Mr. Edwards again addressed the Board and said he would like the Board
to take no action, allow the Commission's decision to remain and allow the
issue of access to be addressed as part of the site plan. The purpose of the
second access is to provide access to Shopper's World.
Mr. Bain said he believes that allowing these two accesses would create
a major safety issue. Drivers are going to use the access if it is there.
Mr. Bowerman again said his recommendation is that there be access to
either Shopper's World or Dominion Drive. He is not willing to support both
accesses.
Mrs. Humphris said she agrees tha~ this is a public safety issue. She
thinks it would be in the best interest of Auto America to have an entrance on
Dominion Drive.
Mr. Bain then offered motion to approve SDP-92-079 with the conditions
recommended by the Planning Commission and a third condition that vehicular
access shall be limited to one access from public roads or adjacent
properties. Mr. Martin seconded the motion.
Mr. Ronald Keeler, Chief of Planning, said the Board needs to be careful
about the wording of this condition. If the Board puts a condition on this
site plan that says the applicant can have one access to a public road or one
access through the shopping center, then he thinks the applicant can have
either without bringing back a site plan amendment.
Mr. Bowerman asked Mr. Joseph Wood, the applicant, if he wanted the
flexibility to decide which access would better serve the site or have the
Board limit access to Dominion Drive. Mr. Wood said he would prefer the Board
to approve the site plan as approved by the Commission. He understands that a
revised site plan would have to be submitted if he wanted access to Shopper's
World° He has a contract for this property which is conditioned upon approval
of this plan by the Board.
Mr. Bowerman said he still wants to limit access.
Mr. Bain then amended his motion to approve SDP-92-079 with the
conditions recommended by the Planning Commission and a third condition that
vehicular access shall be limited to Dominion'Drive as shown on the attached
(on file) preliminary site plan showing Tax Map 61M, Parcel 012-1D, Auto
America, Charlottesville Magisterial District, Albemarle County, Virginia,
prepared by B. Aubre¥ Huffman and Assoc., Ltd., and received by the Planning
Department on November 23, 1992. As seconder, Mr. Martin accepted the motion.
Mr. Marshall asked if the applicant could still have access to Shopper's
World. Mr. Martin responded not without submitting a revised site plan. Mr.
Marshall expressed concerns about adding this third condition. Mr. Bain
commented that the applicant can still move forward with this plan.
January 6, 1993 (Regular Day Meeting) ~4.B.437 Pg. 95
(Page 9)
Mr. Bowerman said he cannot foresee any circumstances where he would
vote to approve .a use on this site with access to both Dominion Drive and
Shopper's World~i.~ He· believes this is a significant safety issue.
Mr. Bain called the question. Roll was immediately called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Roll was then called on the motion for SDP-92-079 which carried by the
following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
(The conditions of approval are set out in full below:)
The Planning Department shall not accept submittal of the
final site plan for signature until tentative approvals for
the following conditions are obtained. The final site plan
shall not be signed until the following conditions are met:
Department of Engineering approval of grading and drainage
plans and calculations;
Department of Engineering approval of stormwater detention
plans and calculations;
Ce
Department of Engineering approval of an erosion control
plan;
Virginia Department of Transportation approval of right-of-
way improvements to include a commercial entrance;
Albemarle County Service Authority approval of ten foot wide
easement along the southwest border of the property and
water meter location; 'and,
fe
Architectural Review Board issuance of a final Certificate
of Appropriateness.
2. Administrative approval of final site plan.
3e
Vehicular access shall be limited to Dominion Drive as shown on
the preliminary site plan showing Tax Map 61M, Parcel 012-1D, Auto
America, Charlottesville Magisterial District, Albemarle County,
Virginia, prepared by B. Aubrey Huffman and Assoc., Ltd., and
received by Planning Department on November 23, 1992.
Agenda Item No. 15. Jefferson Area Board for Aging (JABA), Presentation
of Three-Year Plan.
Mr. Edward Jones, Chairman of JABA, said JABA has developed a three year
plan to address current and future needs of the elderly population. This is
an issue that reaches far beyond Albemarle County, but is one that impacts
Albemarle somewhat differently than it does in other places, particularly in
view of the large number of retired persons already here and coming into the
County. JABA was created in 1975 by the local governments of Planning
District Ten to meet the challenges and opportunities of an aging society.
Mro Jones then discussed the role of JABA and its future plans.
Mr. Gordon Walker, Executive Director of JABA, said during the 1980's in
Albemarle County the elderly population'grew at a rate of 47 percent and there
is no indication that will change. He is present today to ask the Board to
work with JABA as they implement their three year plan. Mr. Walker said he
will begin presenting the Board with quarterly reviews of what JABA is doing
in each jurisdiction, the services JABA provide and the money JABA spends.
For example, in FY 1991-92 JABA spent approximately $550,000 on residents in
Albemarle County. JABA received a contribution from the County of a little
less than $90,000. About 12 percent of the calls JABA receive are from people
who live outside this area asking questions about what it is like to retire in
Albemarle and the surrounding counties. JABA is currently working with the
Chamber of Commerce to develop a brochure to send to inquirers. It is
projected that by the year 2010 one out of every five people in this community
will be over the age of 65° People under the age of 18 will increase by one
percent but people over the age of 60 will increase by 47 percent in the next
20 years. He then discussed the demands an aging population puts on the com-
munity and what the community needs to do to respond to those demands. Mr.
Walker encouraged the Board to form a task force to look at how to respond to
this impact.
Mr. Bowerman thanked Mr. Jones and Mr. Walker for their report.
January 6, 1993 (Regular Day Meeting) 4.B. Pg. 96
(Page 10)
Agenda Item No. 16. MACAA - Request for Supplemental Funding.
Mr. Bowerman said he considers it a conflict of interest for him to
participate in any decision regarding funds which could be used to offset the
debt service of the YMCA property. He is uncomfortable hearing this request
because of his association with the YMCA and as one of the individuals who
signed for the liability that the YMCA encumbered with the County and the
community. He would like to deal with the issue of MACAA, funding and the
services MACAA provide to County residents, but not in this context. (Mr.
Bowerman then excused himself and left the room at 11:53 A.M. Mro Bain
assumed the Chair.)
Mr. Tucker said MACAA is requesting additional funds to be used to
offset MACAA's additional debt service costs for the purchase of the YMCA
building. The additional funds will supplement what MACAA feels is a small
contribution relative to the number of services provided to Albemarle County
residents and relative to contributions to other community agencies. MACAA
has provided a chart showing a breakdown of MACAA's programs with the County,
City of Charlottesville and other funding, as well as the number of County and
City residents served by each program. This chart shows that Albemarle
currently funds two percent of MACAA's operating budget with the bulk of their
funding (94 percent) coming from other sources, mostly federal and state
funding. Of the total clients served, MACAA provides 17 percent of their
services to County residents and 45 percent of their services to City
residents. Another chart shows several other agencies that receive County
funding for their operating budgets. In contrast to MACAA's two percent,
County funding to these agencies reflects a percentage share ranging from four
percent to 21 percent, excluding AHIP, which receives 37 percent County
funding. However, in contrast to MACAA,' some of these other agencies are more
limited in their ability to pull down federal and state dollars, as reflected
in the 74 percent share of funding from other sources. Although the County's
share of funding is greater for these agencies, the share of County residents
served ranges from 22 percent to 48 percent, as opposed to MACAA's share of 17
percent for County services.
Mr. Tucker said although the chart may put MACAA's funding in perspec-
tive with several other agencies, the information does not present any
conclusive correlations with which to document MACAA's need forsupplemental
funding. Agencies vary significantly in the types of services they provide~
their ability to draw down other funds, and the cost of services for each
locality, therefore, it is difficult to make any broad funding generalizations
from this data.
Mr. Tucker said in a memorandum dated December 29, 1992 (on file) from
Mro James B. Murray, Sr., President of the MACAA Board, the request is for
additional support in the amount of $199,793 to be provided through a series
of annual payments over ten ($19,973) or 15 ($13,320) years.
Mr. St. John said in his opinion this Board cannot legally give a ten or
15 year commitment. Therefore, he does not understand why the Board is
hearing this request.
Mr. Bain asked what is staff's recommendation. Mr. Tucker said the
staff does not have a recommendation on the request because they do not have
anything concrete to review. He thinks.that if the Board is supportive of
additional funding to MACAA, if the transaction goes through and if the County
receives its repayment on the property of $385,000t it would be simpler for
the Board to deal with this from an operating standpoint°
Mro Bain asked for comments from MACAA representatives. Mr. Murray said
MACAA has spoken to Board members individually to explain what MACAA does for
the community. MACAA has received a lot of local support, i.e., the Perry
Foundation has agreed to provide them a grant of $100,000 contingent on
purchase of the property, local attorneys are providing all the legal
services, an architect has prepared the site plan and advised them on the
possibilities for renovating the property, planning has been contributed~ and
CATEC and local contractors are working with them to see how much support they
can provide. In addition the local banks are extremely cooperative° Mr°
Murray said without the County's support it is doubtful that MACAA can move
forward with this project. The City is also supportive but does not want to
bear the complete financial burden. This would help the County because it
would allow the County to get out of the real estate business and have a
responsible client like MACAA.
Mr. Ken Ackerman, Executive Director of MACAA, said MACAA has resisted
coming to any of the localities for additional funding despite its loss of
federal and state monies. He hopes that this is a one time appropriation. He
does not think there is a problem with this proposal legally. The City is
considering setting aside an amount for MACAA to draw down from.
Mr. St. John asked if this is a request for a one time appropriation in
this current fiscal year, with repayment yearly in the amount stated. Mr.
Ackerman replied that is correct. Mr. St. John asked how the money would be
handled during the ten or 15 year time period. Mr. Ackerman said that detail
has not been worked out. MACAA is amenable to any arrangement that is allow-
able and practical to the County. Mr. St. John said the Board can donate
$199,793 to MACAA anytime during this fiscal year, but he does not think the
Board can put "strings" on that appropriation after it has been made. He also
January 6, 1993 (Regular Day Meeting) M.B.Pg.97
(Page 11)
does not believe the Board can put this money in an escrow account and then
authorize payment for a number of years. The money cannot be put into an
escrow account and still ~el°ng ~o the County.
Mr. Ackerman said MACAA's request could be reduced because if they pay
the principal in a quicker fashion the annual amount will not be the same. He
thinks the mechanics can be worked out. MACAA has massive community support
and this is a true partnership.
Mrs. Humphris asked if City Council has discussed this request. Mr.
Ackerman said City Council will consider MACAA's request at its first meeting
in February. MACAA's request to the City is in three components. First,
MACAA is requesting an appropriation of $144,085 from the City to be repaid
the same as repayment to the County. Secondly, MACAA is requesting from the
City a grant in the amount of $100,000 to help with the initial site improve-
ments and, thirdly, continued real estate tax exemption.
Mr. Perkins asked what other localities MACAA serves. Mr. Ackerman said
MACAA serves Fluvanna, Louisa and Nelson counties. Mr. Perkins asked if these
counties have been approached for support. Mr. Ackerman replied "not' because
the site location will primarily serve Charlottesville and Albemarle programs
and, secondly, because of the County's involvement with the YMCA property.
MACAA does receive support from these counties, but is not requesting it for
this project.
Mr. Bain asked if any County residents are served by Hope House II. Mr.
Ackerman said "yes", but whomever lives at Hope House II is considered a City
resident.
Mro Perkins said he thinks this is a worthwhile project for MACAA~ but
he thinks the Board has to forget about the $385,000. If that money was not
owed the County, MACAA would still be here asking for funds to do this
project. It just happens that the YMCA owes money to the County° He thinks
the Board has to approach this request from a sense of whether it is willing
to give MACAA additional funds to carry this project out. He also thinks the
Board needs to look closely at whether the County, the City and other juris-
dictions are paying their fair Share of MACAA services. Me also hopes that
MACAA scrutinizes its own budget to see if there are funds that can be
diverted from operations to go towards this project. Mr. Bain agreed.
Mrs. Humphris said the statistics that have been provided are helpful to
her in looking objectively at this request, but she does not think the Board
has a clear financial picture. The Board does not know who is providing what
or how much. The Board does not know how much money is actually needed. She
can foresee MACAA providing new and expanded programs. The operating costs
are going to increase. She does not think the Board look at this as just a
request for capital outlay°
Mr. Bain said in his opinion the issue is whether there is a need for
this expanded service and if the people are there to be served.
Mr. Martin asked if it was possible to tie this request in with MACAA~s
annual budget request. He asked if it would be possible to reduce their
budget by the amount of the repayment. Mr. Perkins thought that would
possibly obligate future Boards.
Mro Bain said he would prefer to appropriate a sum, put it aside and
then do an annual reappropriation.
Mr. Martin said if the Board is in agreement, he suggests that the
staff, County Attorney and MACAA work out legalities of funding and repayment.
Mrs. Humphris said she is interested in knowing more financial
information about MACAA and the financing arrangements made with the banking
institutions and loan requirements.
Mr. Perkins asked if MACAA had any idea of what kind of rental income
would come from the property. 'Mr. Ackerman said they do not have complete
dollar figures, but he hopes the first year a minimum of $10,000 would be
received with that amount increasing in future years. MACAA would anticipate
keeping those funds in a reserve for maintenance and improvements to the
property.
Mr. Marshall said he isa strong supporter of MACAA because of the
services they provide. He is opposed to the taxpayers being bankers. If the
Board can work this out so that the County can get its money and help MACAA at
the same time, he is willing to support the request. He wants to know how
this can be done and not make the taxpayers ultimately responsible for MACAA's
debt.
Mr. Bain asked if there was general consensus of the Board to move
forward with this request. Board members replied "yes"°
Mrs. Humphris asked what, if any, conflict there would be for the County
in approving this request, Since the County is subsidizing the Teen Center
which is renting space in the YMCA building.
January 6, 1993 (Regular Day Meeting)
(Page 12)
M.B. 43, Pg. 98
Mr. Martin asked staff to review other alternative to fund the request
such as a line item in the Capital Improvements Program. Mr. Tucker commented
that staff could bring back various alternatives for the Board to consider.
There was no further discussion at this time.
Agenda Item No. 17. Deed of Correction - Rivanna Park.
(Mr. Bowerman returned to the meeting at 12:33 P.M.)
Mr. Tucker said this request is for a deed of correction to record a
revised certificate of plat due to an indexing error as it relates to the
Rivanna Park access road easement. He requested the Board to authorize the
Chairman to sign the deed and plat.
Motion was offered by Mrs. Humphris, seconded by Mr. Martin, to
authorize the Chairman to sign the Deed of Correction and Corrected
Certificate of Plat for the Rivanna Park. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
THIS DEED OF CORRECTION made and entered into this 8th day
of December, 1992, by the CITY OF CHARLOTTESVILLE, a municipal
corporation, P. O. Box 911, Charlottesville, Virginia 22902, and
the COUNTY OF ALBEMARLE, a political subdivision of the Common-
wealth of Virginia, 401 McIntire Road, Charlottesville, Virginia
22901.
WITNESSETH:
WHEREAS, a plat made by Roudabush, Gale & Associates, Inc.,
dated June 1, 1989 and revised January 18, 1990, dedicating the
Rivanna Park access roadways to the Virginia Department of Trans-
portation, was recorded on March 16, 1990, of record in the
Clerk's Office for the County of Albemarle in Deed Book 1091, page
284; and
WHEREAS, the certificate of plat is indexed in the aforesaid
Clerk's Office under the names of Elizabeth Waters, former Mayor
of Charlottesvillee and F. R. Bowie, former Chairman of the Albe-
marle County Board of Supervisors; and
WHEREAS, all parties concerned wish to have the plat indexed
under the City of Charlottesville and the County of Albemarle;
NOW, THEREFORE, the City of Charlottesville and the County
of Albemarle hereby submit the attached corrected certificate of
plat for recording in the Clerk's Office of the Circuit Court for
the County of Albemarle.
WITNESS the following signatures.
CITY OF CHARLOTTESVILLE, VIRGINIA
BY: Thomas J. Vandever, Mayor
COUNTY OF ALBEMARLE, VIRGINIA
BY: David P. Bowerman, Chairman,
Albemarle County Board of
Supervisors
CORRECTED CERTIFICATE OF PLAT
The attached (on file) plat, and courses and distances
descriptions made by Roudabush, Gale & Associates, Inc., Certified
Land Surveyor, Charlottesville, VA, dated June 1, 1989 and revised
January 18, 1990, previously recorded in the Albemarle County
Clerk's Office at Deed Book 1091, page 284, is of the lands of the
City of Charlottesville and the County of Albemarle, Virginia~
situate in the Rivanna District of the County of Albemarle, being
the same land acquired by the said City and County by deed dated
February 19, 1986, from the Estate of Mary Mahanes, of record in
the aforesaid Clerk's Office in Deed Book 872, page 1. This
corrected certificate of plat is hereby confirmed and submitted
for record in the aforesaid Clerk's Office in order to correct an
indexing error in the original certificate of plat.
Given under my/our hand(s) this 8th day of December, 1992.
CITY OF CHARLOTTESVILLE, VIRGINIA
BY: Thomas J. Vandever, Mayor
January 6, 1993 (Regular Day Meeting)
(Page 13)
M.B. 43, Pg. 99
COUNTY OF ALBEMARLE, VIRGINIA
BY: David Bowerman, Chairman
Albemarle County Board of
Supervisors
Agenda Item No. 18. Discussion: Towers for Cellular Phones.
Mr. Tucker said Ms. Amelia McCulley, Zoning Administrator, is present to
provide additional information to the Board. Mr. Bain raised this issue at
the last Board meeting. The Board has received a memorandum (on file) from
Ms. McCulley on the item.
Ms. McCulley said her memorandum spoke to towers for cellular phones.
To clarify her determination, she said a special permit is not necessary for
local distribution towers for public utilities that are monopoles and are not
multi-legged. Any public utility that involves multi-legged towers still
requires a special permit, and any utility that is not of a local distribution
nature is still a public utility, but a regional transmission or relay-type of
facility will require a special permit.
Mr. Bain asked if there was any other type facility that would require a
special permit. He asked of an application submitted for connection to a
regional transmission or relay type facility would go through the permit
process. Ms. McCulley responded "yes", and, in all cases, the monopole, even
though it would not require a special permit, would go to the Planning
Commission for Section 456 review of the Comprehensive Plan.
Mr. Bain asked what constitutes a public utility. He is wondering if
the Board should consider amending the Zoning Ordinance. Ms. McCulley said
initially, as this Board may recall from prior opinions by the County
Attorney, cellular phone companies are not public utilities because they are
not licensed as such by the Federal Communications Commission (FCC). The
County's Zoning Ordinance is more permissive than the FCC and has a narrower
definition. The Ordinance states: "any plant or equipment for the conveyance
of telephone messages ... either directly or indirectly to or for the public."
Mr. St. John said he does not think the Board should tamper with this
definition. If the Board wants to make a change, it should amend the by-right
provisions such as allowing all towers in the RA district by special use
permit only. Mr. Bain asked if a change would be limited to just the RA
district. Ms. McCulley said this language is shown in all the districts. Mr.
Bain said he does not want to limit it to the RA district. Mr. St. John said
if the Board does not want towers by-right anywhere, then it could allow them
by special use permit. Mr. Bain said he thinks if a change is made, it should
be to allow towers by special permit only.
Mr. Perkins said in his opinion there is no difference between a multi-
legged tower and a monopole.
Mr. St. John said he thinks the Board needs to amend the substantive
provisions in each district with respect to towers and public utility towers.
Mr. Bain asked staff's opinion on the Board making that change. Ms. McCulley
said it is more of a policy decision, but applicants have commented that the
process should be similar to site plan approval if they consider sites that
already have towers. Mr. Bain said he does not have a problem with that given
certain guidelines, but before lights are added, he wants to know about it.
Mr. Tucker suggested staff look at some language along those lines and bring
that back to the Board. Staff will bring back some alternatives for the Board
to consider on February 3, 1993.
Agenda Item No. 19a. Appropriation: Literature/Science Project Grant.
Mr. Tucker said at its meeting on April 8, 1991, the School Board
accepted funds for the Literature/Science Project Grant in the amount of
$13,660. Since these funds were not fully expended in FY 1991-92, the Board
is being requested to approve reappropriation of the remaining funds in the
amount of $5,928 to FY 1992-93.
Agenda Item No. 19b. Appropriation: Title II Grant.
Mr. Tucker said at its meeting on April 6, 1991, the School Board
approved the Title II Grant for $22,620. Since these funds were not fully
expended in FY 1991-92, the Board is being requested to approve a reappro-
priation of the remaining funds in the amount of $18,513 to FY 1992-93.
Agenda Item NO. 19c. Appropriation: Title II D & E Grant.
Mr. Tucker said at its meeting on April 6, 1991, the School Board
accepted funds for the Title II D & E Grant in the amount of $16,000. Since
these funds were not fully expended in FY 1991-92, the Board is being
requested to approve a reappropriation of the remaining funds in the amount of
$9,743 to FY 1992-93.
January 6, 1993 (Regular Day Meeting)
(Page 14)
M.B. 43, Pg. 100
Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the
following resolution to reappropriate $34,184 in carryover funds received from
grants in FY 1991-92. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
FISCAL YEAR: 1992/93
NUMBER: 920027
FUND: PROC APP (PAL)
PURPOSE OF APPROPRIATION: CARRYOVER OF PAL GRANTS FROM FY 91/92
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1320361101160300
1320361101210000
1320361101601300
1320361101152100
1320361101160300
1320361101210000
1320361101312500
1320361101601300
1320361101350000
1320361101160300
1320361101210000
1320361101312500
1320361101601300
REVENUE
INSTRUCTIONAL STIPEND
FICA
EDUC/REC SUPPLIES
SUB WAGES-TEACHER
INSTRUCTIONAL STIPEND
FICA
PROF SERVICES
EDUC/REC SUPPLIES
Printing & BINDING
INSTRUCTIONAL STIPEND
FICA
PROF SERVICES
EDUC/REC SUPPLIES
TOTAL
DESCRIPTION
$ 4,000,00
306.00
1,622.00
4,095.00
2,000.00
313.00
2,205.00
9,300.00
600.00
6,646.00
623.00
1~500.00
974.00
$34~184o00
AMOUNT
2320324000240500
2320333000330208
2320333000330209
ILSC GRANT
TITLE II GRANT #00291
TITLE II/D & E GRANT
TOTAL
$ 5,928.00
18,513.00
9,743.00
$34,184.00
Agenda Item No. 19d. Appropriation: GE Elfun Grant.
Mr. Tucker said this appropriation reflects a $20,000 grant received
from the G. E. Elfun Society in FY 1990-91. A portion of the grant was
expended in FY 1990-91 and in FY 1991-92. The request is to reappropriate the
remaining $10,565.39.
Mtso Humphris offered motion, seconded by Mr. Martin, to adopt the
following resolution to reappropriate $10,565.39 received from a G. E. Elfun
Grant. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
FISCAL YEAR: 1992/93
NUMBER: 920030
FUND: G.E. ELFUN
PURPOSE OF APPROPRIATION: FY 92/93 GRANT FUNDS
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1320461311601300 INSTRUCTIONAL SUppLIES $10,565,39
TOTAL $10,565.39
REVENUE DESCRIPTION AMOUNT
2320451000510100
FUND BALANCE
TOTAL
$10,'565.39
$10,565.39
Agenda Item No. 19e. Appropriation: Carl D. Perkins Grant.
Mr. Tucker said the Carl D. Perkins Vocational and Applied Technology
Education Act of 1990 provides federal assistance for secondary~ postsecondary
and adult vocational programs with emphasis on special populations (i.e.~
students with handicaps, educationally and economically disadvantaged, and
individuals with limited English proficiency). Albemarle County Schools has
received a grant in the amount of $105,399 for the FY 1992-93 School year.
Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the
following resolution of appropriation in the amount of $105,399 to reflect a
Carl D. Perkins Grant. Roll was called and the motion carried by the
following recorded vote:
January 6, 1993 (Regular Day Meeting)
(Page 15)
M.B. 43, Pg. 101
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
FISCAL YEAR: 1992/93
NUMBER: 920031
FUND: CARL D PERKINS
PURPOSE OF APPROPRIATION: FY 92/93 GRANT FUNDS
EXPENDITURE
COST CENTER/CATEGORY
1320761190112100
1320761190114100
1320761190115000
1320761190210000
1320761190221000
1320761190231000
1320761190232000
1320761190241000
1320761190312500
1320761190350000
1320761190520100
1320761190520301
1320761190550100
1320761190580100
1320761190600100
1320761191152100
1320761191210000
1320761191350000
1320761191601300
1320761191800101
1320761192152100
1320761192210000
1320761192350000
1320761192420100
1320761192580500
1320761192601300
1320761192800101
DESCRIPTION AMOUNT
SALARIES-TEACHER
SALARIES-TEACHER AIDE
SALARIES-OFFICE CLERICAL
FICA
VRS
HEALTH INSURANCE
DENTAL INSURANCE
LIFE INSURANCE
PROFESSIONAL SERVICES
PRINTING & COPYING
POSTAL SERVICES
TELEPHONE-LONG DISTANCE
TRAVEL-ROUT INE
DUES & MEMBERSHIP
OFFICE SUPPLIES
SALARIES-SUBSTITUTE TEACHER
FICA
PRINTING & COPYING
$ 16,688.00
5,681.00
10,388.00
2,506.00
3,076.00
635.00
60.00
230.00
775.00
800.00
300.00
300.00
1,500.00
300.00
500.00
925.00
75.00
2,500°00
INSTRUCT/RECREATIONAL SUPPLIES 2,000.00
MACHINERY/EQUIP-REPLACEMENT 18,917.00
SALARIES-SUBSTITUTE TEACHER 925.00
FICA 75.00
PRINTING & COPYING 500.00
FIELD TRIP MILEAGE 900.00
STAFF DEVELOPMENT 2,000.00
INSTRUCT/RECREATIONAL SUPPLIES 2,800.00
MACHINERY/EQUIP-REPLACEMENT 28,543.00
TOTAL $105,399.00
REVENUE DESCRIPTION AMOUNT
2320733000330107
CARL PERKINS-VOC ED GRANT
TOTAL
$105,399.00
$105~399.00
Agenda Item No. 19f. Appropriation: Northside Library.
Mr. Tucker said this request is for an adjustment to reflect completion
Df Northside Library renovations. The balance of $448.98 will be returned to
=he General Fund.
Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the
[ollowing resolution of appropriation in the amount of $448.98 for an
adjustment to reflect completion of the Northslde Library renovations. Roll
~as called and the motion carried by the following recorded vote:
%YES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
~AYS: None.
FISCAL YEAR: 1992/93
NUMBER: 920024
FUND: CAPITAL
PURPOSE OF APPROPRIATION: ADJUSTMENT TO REFLECT COMPLETION OF
NORTHSIDE LIBRARY RENOVATIONS
EXPENDITURE
COST CENTER/CATEGORY
DESCRIPTION AMOUNT
1900073020950076
NORTHSIDE LIBRARY
TOTAL
($448.98)
($448.98)
REVENUE DESCRIPTION AMOUNT
2900018100181110
2900018100181120
DUMBARTON PROPERTIES LEASE/IMP
LIBRARY DONATIONS
TOTAL
$3,205.49
-3,654.47
($448.98)
Agenda Item No. 19g. Appropriation: Stormwater Projects.
Mr. Tucker said this appropriation request is to cover two stormwater
~rainage problems on private property which were created by runoff from public
~oads. The parcels are located in Northfields Subdivision and Rio Heights
~ubdivision. In both cases, the drainage channels/swales are outside the
Tirginia Department of Transportation's right-of-way and have permanent
~asements but the plat does not dedicate the easements for public use.
~ngineering staff has determined that permanent drainage improvements are
January 6, 1993 (Regular Day Meeting) M.B437
(Page 16) '
necessary to prevent continued erosion from the stormwater runoff. Continued
deterioration of the channel/swale warrants this request for reappropriation
outside the normal Capital Improvements Program submittal process. This
approval is contingent upon the property owners completing an agreement
accepting responsibility for future maintenance and repairs. Staff recommends
the Board transfer $19,000 from revenues available in the Stormwater Fund.
Mr. Tucker said these problems have existed for quite some time and they
are the responsibility of the County since the County cannot require the
developers to make the improvements. He thinks that stormwater management is
an issue that the staff needs to look at in depth from a policy standpoint°
Mr. Martin asked if the County has made drainage improvements previously
because VDoT has refused. Mr. Tucker replied "yes". VDoT persOnnel basically
states that where their right-of-way ends, their responsibility ends, and that
it is either the County's responsibility or property owner's responsibility to
make the improvement. VDoT will drain the water away from the road properly.
Mr. Bain said he thinks the County needs to improve enforcing the bonds
and monitoring the engineering work from the beginning of the project.
Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the
following resolution to transfer $19,000 from the Stormwater Fund for drainage
repairs to the Lloyd and Strickland properties'. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
NAYS: None.
FISCAL YEAR: 1992/93
NUMBER: 920032
FUND: STORM DRAINAGE
PURPOSE OF APPROPRIATION:
EXPENDITURE
COST CENTER/CATEGORY
LLOYD/STRICKLAND DRAINAGE REPAIRS
DESCRIPTION AMOUNT
1910041052800975
STORM WATER CONTROL IMP
TOTAL
$19,000o00
$19,000.00
REVENUE DESCRIPTION AMOUNT
29100451000510100
FUND BALANCE
$19,000.00
TOTAL $19,000.00
Agenda Item No. 19h. Appropriation: High School Feasibility Study°
Mr. Tucker said this is a request to transfer $25,000 in current CIP
funds from Murray High School to fund a High School Feasibility Study. Funds
for the Murray High School project were originally intended to replace a
ceiling and repair water damage, but the project has been delayed until the
is replaced. (Mr. Marshall left the meeting at 12:54 P.M.) Funds for
replacement are in the CIP for FY 1993-94. The School Division would use
$25,000 to begin the High School Feasibility Study in January, 1993~ in
to have a recommendation for the next CIP process which begins in June.
concurs with the School Board's request to begin the High School
.ty Study and recommends transferring $25,000 from Murray High School
this project.
Mr. Bain asked what is the feasibility study. Dr. Robert Paskel, Super-
intendent of Schools, said this feasibility study is to look exclusively at
Western Albemarle High School site. A study has already been done of
High School. This study would provide the School Division with the
Lng information to determine whether either or both of those sites could
expanded. He does not anticipate the costs to be $25,000. The work will
contracted out to an outside firm.
Mr. Martin offered motion, seconded by Mrs. Humphris, to adopt the
following resolution to transfer $25,000 from Murray High School to fund a
school feasibility study. Roll was called and the motion carried by the
following recorded vote:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Mr. Martin and Mr. Perkins.
None.
: Mr. Marshall.
FISCAL YEAR: 1992/93
NUMBER: 920028
FUND: CAPITAL
PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FROM MURRAY
TO NEW HIGH SCHOOL STUDY
January 6, 1993 (Regular Day Meeting)
(Page 17)
M.B. 43, Pg. 103
EXPENDITURE
COST CENTER/CATEGORY
1900060304312350
1900060216999999
DESCRIPTION AMOUNT
NEW HIGH SCHOOL-PLANNING $25,000.00
MURRAY SCHOOL (25,000.00)
TOTAL $ 0.00
REVENUE DESCRIPTION AMOUNT
TOTAL $ 0.00
Agenda Item No. 19i. Appropriation: Child Day Care Funds.
Mr. Tucker said the County currently administers the Transitional Day
Care Program and the JOBS Day Care Program. The Department of Social Services
received notice that the State has allocated more child care funds than are
currently in Social Service's local budget. Both of these programs are for
child day care to allow the parents to remain employed or find employment.
There are additional state funds of $69,000 which requires a match from the
County of $6900. Social Services currently has the local match to cover these
programs, but do not have the total dollars needed to cover expenditures.
(Mro Marshall returned to the meeting at 12:57 P.M.)
Mr. Perkins offered motion, seconded by Mr. Martin, to adopt the
following resolution of appropriation in the amount of $69,000 to reflect
additional day care funds received. Roll was called and the motion carried by
the following recorded vote:
AYES:
~AYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
FISCAL YEAR: 1992/93
NUMBER: 920029
FUND: GENERAL
PURPOSE OF APPROPRIATION: ADDITIONAL DAY CARE FUNDS
EXPENDITURE
COST CENTER/CATEGORY
1100053013571005
1100053013571007
DESCRIPTION AMOUNT
TRANSITIONAL DAY CARE
JOBS DAY CARE
TOTAL
$34,500.00
34,500.00
$69,000.00
REVENUE DESCRIPTION AMOUNT
2100024000240102
2100051000510100
VPA PAYMENTS
GENERAL FUND BALANCE
TOTAL
$62,100.00
6,900.00
$69,000.00
Agenda Item No. 19j. Appropriation: Drug Seizure Assets.
Mr. Tucker said this request for appropriation for FY 1991-92 is to
:over funds disbursed mainly to the Joint Drug Task Force resulting from drug
~ssets seized by the Task Force. Funds are used solely by the Task Force and
:he University and County police for drug enforcement activities. When the
~ask Force was originally established, it was agreed that seized funds would
)e accounted for by the County and the Task Force would be administratively
~upported by the City. This appropriation covers overtime expenses, operating
~xpenses and drug related activities of the Task Force, as well as those of
:he University police and County police outside of the Task Force.
Mrs. Humphris offered motion, seconded by Mr. Martin, to adopt the
[ollowing resolution of appropriation in the amount of $111,725.13 to reflect
irug seizure assets. Roll was called and the motion carried by the following
:ecorded vote:
~YES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
~AYS: None.
FISCAL YEAR 1991/92
NUMBER: 910063
FUND: DRUG ASSETS
PURPOSE OF APPROPRIATION:
EXPENDITURE
COST CENTER/CATEGORY
APPROVAL OF FY 1991/92 EXPENDITURES
DESCRIPTION AMOUNT
1123539000580902
REVENUE
DRUG ASSETS
DESCRIPTION
$111,725.13
TOTAL $111,725.13
AMOUNT
2123515000150101
2123518000330200
2123533000330205
2123551000510111
INTEREST
MISC. FEDERAL
Equitable SHARE AGR POLICE
TRANS FROM GEN'L FUND
TOTAL
$ 942.11
21,702.45
80,183.29
8,897.28
$111,725.13
January 6, 1993 (Regular Day Meeting)
(Page 18)
M.B. 43, Pg. 104
Agenda Item No. 20. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Tucker invited Board members to the opening of Berkmar Drive on
Monday, January 11, 1993, at 9:15 A.M. In case of inclement weather, the
opening will be at 9:30 A.M., on Tuesday, January 12, 1993.
Mr. Bain said the Board has been invited to tour the bailing facility in
Waynesboro. He asked if Board members were interested. The tour will take
approximately one hour. Mr. Jack Moore, who is in charge of the facility,
will lead the tour explain how the operation works. He took an individual
tour and thinks it is something other Board should look at.
After some discussion the Board agreed to tour Waynesboro's bailing
facility on the afternoon of February 3, 1993. Mr. Bain said he would confirm
that this date is suitable.
Mr. Bain asked that a status report on solid waste issues be presented
at the meeting on January 13, 1993.
Mrs. Humphris requested a staff report of the Virginia Association of
Counties (VACo) Intermodal Surface Transportation Efficiency Act (ISTEA) work-
shop which is to be held on Monday, January 11, 1993.
Mrs. Humphris asked staff to find out some information on a study com-
mittee that is planning to be look at Route 29 between Route 66 and 1-64.
Mrs. Humphris said a notice was received from VACo that the draft report
of the joint subcommittee to study financing mechanisms for jail construction
has been released. She asked if staff had seen the report. Mr. Tucker said
he has received the report and will be reviewing it.
Mrs. Humphris brought to the Board's attention a memorandum to Mr.
Richard E. Huff~ II, Deputy County Exec6tive, from Melvin Breeden, Director of
Finance, concerning the real estate appraisals in the corridor of the Route 29
North bypass. Some time ago a lot of County citizens asked that consideration
be given to tax relief because of the drastic impact on property values that
are in the corridor. Mr. Breeden indicated that the Finance Department was
making a good faith effort to recognize the potential decrease in value. She
hopes that this will satisfy some of the people.
Mr. Marshall said he is concerned about the recent real estate reassess-
ments. He has received numerous calls and complaints, and he is in agreement
with a large portion of the comments. He thinks it is absolutely absurd some
of the values that have been placed on properties in this County in light of
the economy. These properties are not appreciating as much as some of the
assessors are saying. He pointed out that the assessments are much higher
than assessments made by the banks.
Mrs° Humphris said if property owners feel the assessments are too high,
she thinks they should be encouraged to appeal the assessment to the Equali-
zation Board.
Mr. Bain said he also has received a lot of calls but citizens need to
be made aware that there is nothing the Board can do about the reassessmentso
Agenda Item No. 21. Executive Session: Personnel.
At 1:21 P.M., Mr. Bain offered motion, seconded by Mrs. Humphris, to
adjourn into executive session under Virginia Code Section 2.1-344.A.1 for
personnel matters to include discussion of persons to interview for various
boards and commissions vacancies. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
None.
Agenda Item No. 22. Certify Executive Session.
At 2:05 P.M., the Board reconvened into open session and adopted the
following certification of executive session:
MOTION: Mr. Bain
SECOND: Mr. Perkins
MEETING DATE: January 6, 1993
January 6, 1993 (Regular Day Meeting) 54.B.437
(Page 19)
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Albemarle County Board of Supervisors has
convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of
The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Albemarle County Board of Supervisors that
such executive meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby certifies that, to the best of each
member's knowledge, (i) only public business matters lawfully
exempted from open meeting requirements by Virginia law were
discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were
heard, discussed or considered by the Albemarle County Board of
Supervisors.
VOTE:
AYES: Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall,
Martin and Perkins.
NAYS: None. ~
ABSENT DURING VOTE: None°
ABSENT DURING MEETING: None.
Mr. Marshall offered motion, seconded by Mr. Bain, to appoint Mr.
Michael Brown to the Social Services Board, with said term to expire on
December 31, 1995. Roll was called and the motion carried bY the following
recorded vote:
~YES:
~AYS:
Mr. Bain, Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin and
Perkins.
Nonee
Mr. Perkins offered motion, seconded by Mro Bain, to appoint Mrs. Betty
~chwartz to the Social Services Board, with said term to expire on December
31, 1995. Roll was called and the motion carried by the following recorded
~ote:
Mr. Bain, Mr. Bowerman, Mrs. Humphris~ Messrs. Marshall, Martin and
Perkins.
None.
Agenda Item No. 23. Adjourn. At 2:10 P.M., with no further business to
before the Board, the meeting was adjourned.
Chairman