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1993-04-07
April 7, 1993 (Regular Day Meeting) (Page 1) M.B. 43, Pg. 317 A regular meeting of the Board of Supervisors of Albemarle County, virginia, was held on April 7, 1993, beginning at 9:00 A.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: Deputy County Executive, Richard E. Huff, II; County Attorney, George R. St. John; and Director of Planning and Community Develop- ment, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order'at 9:04 A.M., by the Chairman, Mr. Bowerman. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. Mr. Wilson Cropp stated that he lives on Route 769, which is off of Route 20 North. The condition of this road has been brought to Mr. Martin's attention, as well as to the attention of the Highway Department. He moved to a house on Route 769 approximately three or four years ago, so he knew what he was doing when he moved there. He has lived on approximately five different properties in the County, never on a paved road, because it was not part of the criteria of where he would like to live. He likes the country aspect of nature and gravel roads, etc. There are two things which concern him about Route 769. One thing relates to the danger of school buses on the road. A school bus and a car cannot pass on the road; the car has to pull off the road to allow the school bus to pass. Each year there have been four or five accidents involving a school bus. He has a child who rides the school bus and this concerns him. The second problem is one that he views as a bad business deal. State crews of three to ten people work on the road approximately 15 times a year doin9 repairs. If the road was improved for drainage and widened, so that it could properly drain, it would have far less magnitude, as far as maintenance is concerned. With a limited amount of funds, and with some equipment that is available to him, he could widen the road to provide some sight distance. He emphasized that this would take a lot of the danger away from the school bus problem, and it would help with the drainage problem. He could do all this within the boundaries of the dedication of property which has already been provided for that road. Mr. Cropp said all the residents of Route 769, with the exception of two, are willing to help with this project. Those two people are the reason the road has not been improved. He knows that capital outlay is a major problem, but if the residents improve the road, this would be a good business deal. It would not only improve the safety aspect of the road, but also relieve the working crew out there so much of the time. If the road is graded on Monday, by the end'of the week, the potholes and washboard effect are back. These things have to be dodged, and that puts traffic in the lane with oncoming vehicles. He emphasized that this road can be improved without much capital outlay on the County's part, and he asked the Board to address this issue. Mr. Granville Brown, a lifetime resident of Route 769 (Rocky Hollow Road), said he lives at the end of the road, which is 1.4 miles from Route 20~ Over the years there have been some improvements to the road. There is a 30 foot easement which accounts for 15 feet in both directions from the center of the road. Over the years when lots were sold and houses built, the County required that an extra ten feet of land be given for the road. His lot was affected by this requirement. At the present time approximately 80 percent of the land has been dedicated, but there is a bottleneck at the rear of the road, at the dead end section. The concerns the people have on that road are safety problems, and he has pictures which he distributed to the Supervisors. These pictures show the types of things that the residents on the road encounter on a daily basis with the ~eeting of general traffic and not necessarily just school buses. The residents want something to be done to the road. He has been to the Highway Department and the personnel there told him the matter is in the Supervisors' hands. When he talks to the Supervisors, he is told that the matter is in the Highway Department's hands. His main reason for being at this meetin9 is to see who has the responsibility for making this decision. Mr. Brown said the residents are not asking that the road be made a super highway, and he does not want to see it paved like Route 20, with passing lanes, etc. He just wants it to be a safe road for travel. The pictures show the problems, and he pointed to one of the potholes which stays there all year. It looks in the picture as though there is a shoulder along the road in that area, but it is just built-up gravel. If a vehicle gets on this gravel, it will fall off. His wife got hit in that same curve by a April 7, 1993 (Regular Day Meeting) M.B. 43, Pg. 318 (Page 2) school bus, and the~ County police advlse~ that it was nobody's fault, and it was the fault of the road. Over the years, 15 or 20 of these accidents have been charged to the road. If he had been charged with 15 accidents, he would not be driving. If the accidents are the fault of the road, then the road needs to be fixed Mr. Brown distributed a petition which states: "We the undersigned who are residents or property owners on Rocky Hollow Road ask that you 'the Board of Supervisors' consider the condition of the road. Conditions such as sight distances, width and abilitY t6 h~dle additional traffic are concerns that we have. At this time there are 32 homes with an average of two cars per household. There is a proposal before you at this time to allow six more homes to be built. We are not against the building of these homes, but we would like to see the road to be improved to accommodate the additional traffic." He asked the Highway Department two mOnths ago if there had been a traffic count on the road. The representative replied that a traffic count had been done on Route 769 in 1990, and the count averaged 168 cars per day. Mr. Brown said the traffic count was taken on approximately three-quarters of a mile of the road and it is a dead end road. This means that traffic, for the 16 homes before that three-quarters of a mile, never got counted. He considers this a false traffic count, because the actual count of the traffic that turns onto this road from Route 20 was not included, and only the traffic that went three-quarters of a mile was counted. He then referred to the school bus situation. When he was in the seventh grade and attended Stony Point Elementary School, he had to walk the one and four-tenths mile because the road was not wide enough to accommodate school buses. Over the years, the banks have been cut back, but they still have not been cut back enough. Mr. Martin came out and observed the road during the heavy rains a few weeks ago, and the road was washed out to the point of being impassable. The road washes out not only when there area lot of heavy rains involved, but also when there is a heavy downpour. Maintenance is a problem and he could show the Supervisors ten or twelve pipes which have been stopped up for two years. There is a pipe which has not been repaired that was bent by a tractor trailer truck three years ago. The Highway Department was informed, and employees of the Highway Department came out and placed an orange cone at that pipe, and it is still there. The residents just want the road maintained. Mr. Perkins asked Mr. Cropp if he had heard him say that he was willing to work on the road. Mr. Cropp said he had told Mr. Martin that if he could have access to between $2000 and $3000, he could fix the banks so that there could be sight distance. He thinks this would make a massive change in the road as far as safety is concerned. There are some banks where people cannot see around and two vehicles in a curve do not have enough room for both of them to stay on the road. Mr. Cropp added that he thinks the dedication of land is already there to accommodate the changes in these curves. Mr. Brown commented that it is also his understanding that the dedication of the land has already occurred. Mr. Bowerman stated that it seems this item will take some time so he would like to go forward with the regular agenda and discuss this under "Other Highway Matters." He noted that there are people present for other scheduled items on the agenda. Mr. Bowerman said Mr. Tucker had expressed his regrets for not attending this meeting. Mr. Tucker's mOther-in-law is critically ill in Georgia, and he traveled to Georgia on Sunday morning. Agenda Item No. 5. Consent Agenda. On motion by Mr. Bain, seconded by Mrs. Humphris, items 5.1, 5.2, 5.3, 5.4 and 5.5 were approved, items 5.13, 5.14 and 5.15 were pulled for discussion and the remaining items on the consent agenda were received for information. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. Item No. 5.1. Resolution to adopt the Emergency Operations Plan devel- oped by the Emergency Operations Center Management Board which includes emergency operation procedures for the County, City and University of Virgin- ia. By the above shown vote, the Board adopted the following resolution: WHEREAS, the Albemarle Board of County Supervisors is con- cerned with the health, safety and well-being of its citizens and desires that the best possible emergency service be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which addresses its planned response to emergency situations; and April 7, 1993 (Regular Day Mee~~g) M.B. 43, Pg. 319 (Page 3) WNER~AS, such a plan has ~eendeveloped bY Co'unty staff in coordination with the Virginia Department of Emergency Services with input from local agencies; NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors, on the 7th day of April, 1993, does hereby officially adopt the City of Charlottesville, County of Albemarle, and University of Virginia Integrated Emergency Operations Plan, to include plans and procedures for both peace time and war-caused disasters. ~; Item No. 5.2. Appointment of Section 8 Housing Advisory Committee. (The Executive Summary states that at the March 3 meeting, the Board approved the establishment Of a Section 8 Housing Advisory Committee to provide specific recommendations for actions to improve utilization of the Section 8 Program, particularly to make the Section 8 Certificate Program more attractive to landlords. This will be a temporary committee that should complete its work within seven months. Staff recommends this committee include four members of the existing Section 8 Housing Advisory Board plus the following four additional members who have all agreed to serve: Linda Bachman, representative of VHDA, Richmond office; W. Gibson Powell, Section 8 landlord; Vito Cetta and Chip Yates, representatives of the finance, insurance or development communities; and Housing Advisory Board members Kathy Ralston, Deputy Director of Social Services; Bonnie Davies, Housing Office Supervisor, Department of Social Services; Kobbie Hoffman, Housing Resource Planner, TJPDC/Albemarle County and Wayne Cilimberg, Director of Planning & Community Development.) By the above shown vote, the Board appointed the following persons to the Section 8 Housing Advisory Committee: Linda Bachman, W. Gibson Powell, Vito Cetta, Chip Yates, Kathy Ralston, Bonnie Davies, Kobbie Hoffman and Wayne Cilimberg, with terms to expire November 7, 1993. Item No. 5.3. Authorize Chairman to execute a revised gate and fee permit agreement with VDoT for Walnut Creek Park. (The Executive Summary states that in August, 1991, the Board authorized the Chairman to sign an agreement with VDoT which allowed the County to construct a security gate and establish a fee collection point at the entrance of Walnut Creek Park. Subsequent to this authorization, VDoT took exception to a portion of the agreement which necessitated the addition of Items 6 and 7 in the agreement.) By the above shown vote, the Board authorized the Chairman to execute the following revised gate and fee permit agreement with VDoT for Walnut Creek Park: VIRGINIA DEPARTMENT OF TRANSPORTATION/ALBEMARLE COUNTY SPECIAL AGREEMENT Permission is hereby granted to the Albemarle County Board of Supervisors to construct a barrier across and to block and close Route 880 in Albemarle County. Route 880 is to be blocked for the purpose of providing security for Walnut Creek Park and its facilities in Albemarle County. In addition, permission is hereby granted for the County to establish a contact station at the gated location for the purpose of collect.lng a ~ee for the use of park facilities. The permission hereunder 9ranted being subject to the following terms, conditions and restrictions: The barrier is to be erected in accordance with plans or sketches submitted to and approved by the Resident Engineer of the Virginia Department of Transportation. The barrier is to be located as approved by the Resi- dent Engineer, and its construction is to be under the supervision and direction of the Resident Engineer. The County of Albemarle agrees to bear the full cost of all such devices present and future. The contact station will also be erected in accordance with plans or sketches submitted to and approved by the Resident Engineer. The contact station will be located as approved by the Resident Engineer. The County of Albemarle agrees to bear the full cost of construction and maintenance of the contact station. 3 o The barrier is to be locked when closed, and keys are to be furnished to the Resident Engineer. Albemarle County Board will be responsible for other interested parties (law enforcement, fire and life saving person- nel) havin9 access when the barrier is closed. M.B. 43, Pg. 320 April 7, 1993 (Regular Da~M~e~n~) ....... (Page 4) 5o Operation of the barrier and its closing and opening, is to be entirely by personnel of Albemarle County. The barrier is to include reflectors and/or reflector- ized signs to indicate that the road is blocked, as well as a sign indicating hours the park will be open to the public. The County agrees to bear the full cost for all such devices present and future. In the operation of the contact station, it must be clearly understood that any fee collected is for use of the park's facilities only, and not for use of the access road. Should any individual wish to travel the public roadway within the park and not use the facili- ties for which fees are collected, that individual must be permitted entry at no cost. To ensure that the public is adequately notified of this condition, a sign shall be posted at the contact station, reading as follows: FEES ARE FOR USE OF PARK FACILITIES ONLY. NO FEE REQUIRED TO USE THIS STATE ROAD. The sign shall conform to the following standards of the Virqinia SuDplement to the Manual on Uniform Traffic Control Devices for Streets & Hiqhways: Color Code C-22 (Brown Field, White Message & Border) Series D Lettering, no smaller than 2 inches in height The County agrees to provide and maintain this sign. During hours when the park is open to the public, entrance to or use of the road may not be restricted by the County to control the number of people or vehicles in the park. The Commonwealth Transportation Board and the Virginia Department of Transportation shall not be responsible for any damage or liability arising from or out of the exercise of the privileges herein granted or from any operations in connection with the gates or park. The County shall at all times give strict attention to the safety and rights of the traveling public, its employees and itself. Failure to employ proper traf- fic control and construction standards mandated by permit shall be cause for the Resident Engineer to order the permittee off the rights of way and/or be cause for revocation of the Permit. 10. The County agrees to carry insurance against liability for personal injury and property damage that may arise from the work performed under permit and/or from the operation of the permitted activity, up to one million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation Board Members and Depart- ment's agents or employees; and seventy-five thousand dollars ($75,000) each occurrence to protect the Board, Department, or the Commonwealth in the event of suit. 11. This Permit is not transferable, and shall be revoca- ble by the Virginia Department of Transportation or the Commonwealth Transportation Board upon 30 days notice. 12. This Permit shall be revocable without prior notice upon breach by the Permittee of any of the terms thereof. 13. 14. This Permit shall not be construed as a grant of permanent interest or easement, or as an abandonment of use of title to the said road, or any part thereof, anything herein contained to the contrary notwith- standing. Immediately upon the revocation, cancellation or expiration of this Permit, the Permittee shall remove from the premises of the Virginia Department of Trans- portation all structures, facilities and other appur- M.B. 43, Pg. 321 April 7, 1993 (Regular Day Meeting) (Page 5) tenances installed or erected by it or used by it under the terms of this Permit! and shall restore the premises to a condition satisfactory to the Virginia Department of Transportation and the Commonwealth Transportation Board. 15. This Permit may be canceled at the request of the Permittee upon 60 days notice subject to the terms of Paragraph 14 above. Dated at Richmond, Virginia, this day of , 1993. Ray D. Pethtel, Commissioner VIRGINIA DEPARTMENT OF TRANSPORTATION By: Application for the foregoing Permit is hereby made and applicant hereby agrees to the terms and conditions thereof, covenanting and binding itself to keep and strictly perform the said terms and conditions, such application and covenants being made on behalf of Albemarle County by its duly authorized officer, as of the 12th day of April , 1993. ALBEMARLE COUNTY BOARD OF SUPERVISORS By: Chairman Clerk Item No. 5.4. Resolution to authorize the Community Policy and Manage- ment Team to enter into future contracts with Region Ten Community Services Board and Children and Youth Family Services, Inc., with consent of County Executive and City Manager. (The Executive Summary states that in December, 1992, the Board of Supervisors and City Council jointly established the Community Policy and Management Team (CPMT) pursuant to the State Comprehensive Services Act for At-Risk Youth and Families. With the help of staff from the representative agencies, the Team successfully applied for and received a $350,000 Trust Fund Grant to establish three new programs for Albemarle and Charlottesville youths: 1) Respite Care; 2) Family-Focused Child Aide; and 3) Family Part- ners. These projects are all aimed at developing early intervention and community services for young children at risk of developing emotional or behavior problems due to environmental, physical or psychological stress and for troubled youths who can be served in the home or community. Under the grant application, the Team proposed to contract with Region Ten Community Services Board and Children, Youth and Family Services, Inc., to establish and operate these three programs. Under the Comprehensive Services Act guidelines, the Team may enter into these proposed contracts only upon approval of the participating governing bodies, i.e., the Board of Supervisors and City Council.) By the above shown vote, the Board adopted the following resolution granting authority to Community Policy and Management Team for approval of contracts: Granting Authority to Community Policy and Management Team for Approval of Contracts BE IT RESOLVED by the Albemarle Board of County Supervisors that the Community Policy and Management Team, jointly established by Albemarle County and the City of Charlottesville to establish innovative services for troubled children and families under the Comprehensive Services Act, is hereby authorized to enter into contracts with Region Ten Community Services Board and Children, Youth and Family Services, Inc., to provide the above-mentioned services. This approval is conditioned upon similar approval by the City of Charlottesville, Virginia. BE IT FURTHER RESOLVED that the Community Policy and Manage- ment Team hereinafter is authorized to enter into any contract which accomplishes the purposes of the Comprehensive Services Act, provided such contract is executed by the County Executive and the City Manager, or their designees, in addition to the Community Policy and Management Team, and funds are available. M.B. 43, Pg. 322 April 7, 1993 (Regular Day Meeting) (Page 6) Item No. 5.5. Authorize Chairman to execute service agreements for North Garden Volunteer Fire Company and Scottsville Volunteer Rescue Squad. By th~ above shown vote, the Board authorized the Chairman to execute the following service agreements for North Garden Volunteer Fire Company and Scottsville Volunteer Rescue Squad~ THIS SERVICE AGREEMENT, made for purposes of identification, this 22 March , 1993, by and between the COUNTY OF ALBE- MARLE, VIRGINIA (the "County"), and the NORTH GARDEN VOLUNTEER FIRE COMPANY ("North Garden"); W I T N E S S E T H: WqiEREAS, the County has previously entered into service agreements with North Garden, dated July 19, 1985 and September 14, 1988, providing for the withholding of certain sums each year by the County from the County's annual grant to North Garden, as set forth in said agreements, copies of which are attached hereto as Exhibits A, and B; and WHEREAS, as a result of said agreements, the outstanding indebtedness now totals $61,280; and WHEREAS, North Garden now desires to receive from the County Fifty Thousand Dollars ($50,000.00) to be used for the purchase of land adjacent to the current fire station, identified as Albemarle County Tax Map 99 Parcel 5A, to allow for addition to the current building; and WHEREAS, North Garden now desires to enter into an agreement consolidating its annual withholding of payments by the County; NOW, THEREFORE, for and in consideration of the operation by North Garden of a volunteer fire company which will fight fires and protect property and human life from loss or damage by fire and the purchase of firefighting vehicles during the term of this agreement, the County shall pay to North Garden Fifty Thousand Dollars ($50,000.00), which payment shall be made when needed from the County's fire fund. Thereafter, the sum of Fifteen Thousand Nine Hundred Dollars ($15,900.00) per year shall be withheld each year from the County's annual grant to North Garden for a period of six (6) years beginning July 1993 and extending through July 1998, with a balance of Fifteen Thousand Eight Hundred and Eighty Dollars ($15,880.00) due in the seventh year (July 1999). Thus, at the end of the seventh year, which is the term of this service agreement, a total of One Hundred Eleven Thousand Two Hundred Eighty Dollars ($111,280.00) will have been withheld. This with- holding consolidates the balance of all prior advancements as a result of prior service agreements with North Garden dated May 7, 1987 and September 14, 1988. If at any time during the term of this agreement, North Garden is no longer in the business of providing firefighting services or the firefighting vehicles are no longer used for firefighting purposes, North Garden covenants that it will convey its interest in the firefighting vehicles, or this property known as Albemarle County Tax Map 99 Parcel SA, as the case may be, to the County at no cost to the County so long as the County or its assigns will use the property for fire-fighting purposes. Ail covenants set forth in the agreements dated May 7, 1987 and September 14, 1988 remain in full force and effect. WITNESS the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA By: David P. Bowerman, Chairman Board of Supervisors NORTH GARDEN VOLUNTEER FIRE COMPANY · By: THIS SERVICE AGREEMENT, made for purposes of identification, this day of 16th day of March , 1993, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the "County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD ("Scottsville"); WI TNES SETH: WHEREAS, the CoUnty had previously entered into service agreements with Scottsville, dated October 15, 1987 and July 19, M.B. 43, Pg. 323 April 7, 1993 (Regular Day Meeting) (Page 7) 1989, providing for the withholding of certain sums each year by the County from the County's annual grant to Scottsville, as set forth in said agreements, copies of which are attached hereto as Exhibits A and B; and WHEREAS, as a result of!said agreements, the outstanding indebtedness now totals $16,000; and WHEREAS, Scottsville now desires to receive from the County Thirty-Four Thousand Dollars ($34,000.00) to be used for the purchase of a new ambulance; and WHEREAS, Scottsville now desires to enter into an agreement consolidating its annual withholding of payments by the County; NOW, THEREFORE, for and in consideration of the operation by Scottsville of a rescue squad which will protect human life and the purchase of ambulance vehicles during the term of this agree- ment, the County shall pay to Scottsville Thirty-Four Thousand Dollars ($34,000.00), which payment shall be made when needed from the County's fire fund. Thereafter, the sum of Seven Thousand One Hundred Fifty Dollars ($7,150.00) per year shall be withheld each year from the County's annual grant to Scottsville for a period of six (6) years beginning July 1993 and extending through July 1998, with a balance of Seven Thousand One Hundred Dollars ($7,100.00) due in the seventh year (July 1999). Thus, at the end of the seventh year, which is the term of this service agreement, a total of Fifty Thousand Dollars ($50,000.00) will have been withheld. This withholding consolidates the balance of all prior advance- ments as a result of prior service agreements with Scottsville dated October 15, 1987 and July 19, 1989. If at any time during the term of this agreement, Scottsville is no longer in the business of providing rescue squad services, Scottsville covenants that it will convey its interest in the ambulances to the County at no cost to the County so long as the County or its assigns will use the property for rescue squad services. All covenants set forth in the agreements dated October 15, 1987 and July 19, 1989 remain in full force and effect. WITNESS the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA By: David P. Bowerman, Chairman Board of Supervisors SCOTTSVILLE VOLUNTEER RESCUE SQUAD By: Item No. 5.6. Copy of Planning Commission minutes for March 9, 1993, received for information. · Item No. 5.7. Memorandum dated March 19, 1993, from Mr. Robert W. Tucker, Jr., County Executive, re: Police Department Workload Allocation Report 1992, received for information. Item No. 5.8. Letter dated March 24, 1993, from Mr. Robert W. Tucker, Jr., County Executive, forwarding a copy of the minutes from a recent meeting between Police, Joint Security Complex, Sheriff's Office and County Execu- tive's staff regarding radio communications, received for information. Item No. 5.9. Letter dated March 23, 1993, addressed to Mr. Robert W. Ray, from Ms. Amelia G. McCulley, Zoning Administrator, re: Off£cial Determi- nation of Number of Parcels - Section 10.3.1, Tax Map 10, Parcel 5 (property of Otis L. Collier), received for information. Item No. 5.10. Letter dated March 15, 1993, addressed to Ms. Rosa Luisa Scassa, from Mr. Hugh C. Miller, Director, Department of Historic Resources, re: Inclusion of Sunnyfields, Albemarle County, on the Virginia Landmarks Register and nomination to the National Register of Historic Places, received for information. Item No. 5.11. Copy of minutes for the Board of Directors of the Albemarle County Service Authority for February 17, 1993, received for information. M.B. 43, Pg. 324 April 7, 1993 (Regular Day Meeting) (Page 8) Item No. 5.12. February 1993 Financial Management Report, received for information. (Projected General Fund revenues continue to reflect the January 4, 1993, revisions. Projected General Fund expenditures for all General Government operations continue to be reduced by one percent. The Education holdback for certain accounts has been reduced from 15 percent to ten percent in February. The Education Fund Balance deficit has been eliminated by year- end audit adjustments.) Item No. 5.13. Letter dated March 23, 1993, addressed to Mr. Robert W. Tucker, Jr., County Executive, from Mr. J. S. Hodge, Chief Engineer, Depart- ment of Transportation, re: sidewalk along Route 29 between City limits of Charlottesville and the South Fork Rivanna River, received as follows: "As I indicated in my letter to you dated December 14, 1992, staff was requested to evaluate the needs for a sidewalk along Route 29 between the City limits of Charlottesville and the River. The result of the study indicates a positive need for sidewalks on each side of Route 29 and on the three interchanges now proposed at Hydraulic, Greenbriar and Rio Road. We will provide sidewalk space initially and, pending the public hearing results for the three interchanges, advertise a separate contract to place the actual walkways when the decision is made for the actual locations." Mrs. Humphris asked that this item be discussed with "Other Highway Matters". Item No. 5.14. Letter dated March 29, 1993, from Mr. Ray D. Pethtel, Commissioner, Department of Transportation, transmitting a more detailed tentative table showing estimated distribution of state and local revenues for the six-year period beginning in FY 1994. Mrs. Humphris asked that this item be discussed with "Other Highway Matters" . Item No. 5.15. Letter dated March 31, 1993, from Mr. D. S. Roosevelt, Resident Engineer, Department of Transportation, re: monthly update on highway improvement projects currently under construction and the quarterly report of projects under design, received for information. Mrs. Humphris asked that this item be discussed with "Other Highway Matters". Item No. 5.16. Memorandum dated March 30, 1993, from Mr. V. Wayne Cilimberg, Director of Planning and Community Development, re: Schuyler Area - Comprehensive Plan Amendment, received for information. (The memoran- dum indicates that the Planning Commission held a work session on this item on March 16. A second work session will be held on April 20.) Agenda Item No. 6. Approval of Minutes: February 5 and March 18(N), 1992; and January 6, 1993. Mrs. Humphris had read February 5, 1992, pages 1 through 10, and found them to be in order. Mr. Perkins had read the minutes of March 18, 1992, pages 1 through 11 (#11), and found them to be in order with the exception of one typo. Mr. Marshall had read the minutes of January 6, 1993, pages 1 through 13 (#lga), and found them to be in order. Mr. Martin had read the minutes of February 5, 1992, pages 11 through 21 (#13), and found them to be in order. Mrs. Humphris made motion, seconded by Mr. Bain, to approve the minutes as read. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs.-Humphris. NAYS: None. Agenda Item No. 7a. Highway Matter: Revenue Sharing Program for FY 1993-94. Mr. Cilimberg summarized the following memorandum dated March 29, 1993, from David B. Benish, Chief of Community Development: M.B. 43, Pg. 325 April 7, 1993 (Regular Day Meeting) (Page 9) "Attached is a notification from Virginia Department of Transpor- tation of the opportunity to participate in the 'Revenue Sharing Program'. The County must notify the Virginia Department of Transportation of its intent to participate in the program by April 30, 1993. ~ The Revenue Sharing Program Provides additional funding for maintenance or improvement of the primary and secondary highway system and eligible additions to the systems. The value of the program is that is provides an additional infusion of funds into the Six Year Road Plans which advance the overall construction program beyond what could be achieved with the annual constrUction fund allocations. ~ ~ A total of $10.0 million is allocated to this program. Any County may receive up to $500,000 from the program. Those funds must be matched, dollar-for-dollar, by the County. Albemarle County has participated in the Revenue Sharing Program since FY 1988-89. The FY 1993-94 Revenue Sharing Funds would be used on some or all of the following projects based on the FY 1992-93 approved Six Year Secondary Road Plan: Tabor Street (Crozet) improvements. Route 678 improve/realign at Route 250 in Ivy. Plant mix projects: Route 684 (from Route 788 to Mint Spring Park) Route 692 (from Route 250 to Route 691) Route 738 (from Route 679 to 250) Route 788 (from Route 789 to Route 684). Route 627, railroad crossing signals at Warren. County-wide projects (new pipe installed, signs, seeding). The above, projects total $671,000, $335,500 of which would be the County's obligation. The County has typically requested the full amount available to localities ($500,000 - to be matched dollar-for-dollar with local funds) to leverage the maximum amount of money available to improve roads. However, in the approved FY 1993-94 Capital Improvements Program a total of $276,734 was allocated for local match. If possible, staff would recommend that the full $500,000 be requested in order to ensure that the County .receive the maximum allocation possible. If the total requests from all counties exceed the total fund amount ($10.0 million), Virginia Department of Transportation will adjust downward all requests on a pro-rata basis. Requesting the maximum possible would allow the maximum allocation to the County if local requests must be adjust- ed downward. The County could then decide whether or not to match the total amount awarded." Mr. Martin wondered if there was an obligation to spend the full $500,000, if the County is awarded this amount of money. Mr. Roosevelt said there is no legal obligation involved, if the County wants to request the full amount of matching funds now. Early in the next fiscal year, VDoT will request from the County its share of funds. There will be an opportunity, at that time, to cut the amount of money back if it is decided that the full amount of money is not available from the County. Mr. Bowerman asked if the $500,000 would come from the General Fund or from the CIP. Mr. Cilimberg replied that these funds would come from the CIP. At this time, motion was offered by Mrs. Humphris, seconded by Mr. Martin, to participate in the Revenue Sharing Program for FY 1993/94 and to request the maximum $500,000 in matching funds. Mr. Perkins said he would not support this motion for reasons which he had previously stated. He thinks this money should be spent to pay off current debts rather than building roads. Mr. Marshall agreed. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Martin, Bain, Bowerman and Mrs. Humphris. NAYS: Messrs. Marshall and Perkins. Agenda Item No. 7b. Highway Matter: Appeal: Comdial Entrance onto Commonwealth Drive. M.B. 43, Pg. 326 April 7, 1993 (Regular Day Meeting) (Page 10) Mr. Bowerman noted the following appeal letter received from Ms. Tammy Coffey, Site Management, Hunters Creek Apartments: "Please accept this notice of appeal to the decision made on March 16th by the Albemarle County Planning Commission in reference to the proposed Comdial access road entry on Commonwealth Drive. With having no experience or knowledge of the procedures that occurred last evening, I was astonished that there was a voting. It was my understanding that the meeting was a public meeting to discuss the matter at hand with all parties affected. Secondly, I do not believe that careful consideration for other options have been explored by Comdial nor by the Virginia Department of Trans- portation. Safety should be our number one consideration. Commonwealth Drive is a residential area. Commercial traffic will be a hazard to the safety of the communities residents." Mr. Keeler said Comdial currently has four established entrances - two entrances to Route 29 North, one entrance to Greenbrier Drive adjacent to the Greenbrier Theater and one entrance to the previous Peyton Drive. Due to the improvements to Route 29 North, the southbound lane will be regraded to match the elevation of the northbound lane. This will result in the closure of the northernmost entrance to Comdial and will increase the grade to the southern entrance to approximately 18 percent. Negotiations between VDoT and Comdial have resulted in an agreement whereby Comdial will close this entrance if VDoT will construct a new entrance onto Commonwealth Drive. The right-of-way has already been dedicated, and the new entrance to Commonwealth Drive will be constructed and maintained by VDoT. He showed the Supervisors an illustration of proposed landscaping and fencing developed by Ms. Marcia Joseph, the County's Design Planner, in which she attempted to reduce the effect of this new entrance to the adjoining properties. The distance from the new pavement to Hunters Creek Apartments will be approximately 40 feet. The distance from the duplex south of the entrance to the new pavement will be approximately 60 feet. The distance from the duplex to Commonwealth Drive is approximately 40 feet. Mr. Keeler added that there are representatives from VDoT and Comdial present to discuss this matter. Mr. Bain recalled Mr. Keeler's comments in which he stated that the southern entrance from Comdial onto Route 29 would have an 18 percent grade. He wondered what the grade would be for the other entrance once it is re- opened. Mr. Keeler replied that the northernmost entrance to Route 29 would be permanently closed. Mr. Martin stated that unless this new entrance onto Commonwealth Drive is constructed, Comdial would not have a viable entrance. Mr. Keeler ex- plained that Comdial would have an entrance onto both Greenbrier and Peyton Drives. Mr. Bowerman commented that the Peyton Drive entrance is for automo- biles, but the Greenbrier Drive entrance is for trucks and/or automobiles. Mr. Bain pointed out that the Planning Commission had indicated the Commonwealth Drive entrance would be limited to truck traffic, only, and he questions what type of truck traffic would be involved. The Commission's action did not seem to put ar~ restrictions on the type of truck traffic. Mr. Bowerman suggested the applicant provide that information. Mr. Bain inquired if there is any proposal relating to a change on Commonwealth Drive, in terms of left or right turn lanes coming into this property. Mr. Keeler answered that he has no knowledge of such changes. He went on to say that if the Board approves this entrance, the issues relating to landscaping and buffering will still have to be worked out, as well as a reconfiguration of the driveway which serves the duplex. Mr. Bain asked if he was correct in his understanding that the agreement between Comdial and VDoT indicates that the proposed entrance to Commonwealth Drive would be constructed at VDoT's expense. Mr. Keeler replied, "yes." Mr. Bowerman then asked the applicant for comments. Mr. Keith Johnstone, Vice President of Operations for Comdial Corpora- tion, said Comdial currently has four entrances, and Comdial voluntarily agreed to close the northernmost entrance because the entrance does not make sense in the present configuration. However, the southbound entrance is the main truck entrance to Comdial's finished goods and shipping docks so this situation does present a problem. In reviewing this situation with VDoT, the proposed plan was developed. He added that the right-of-way onto Commonwealth Drive has been in existence since the land was purchased in 1955. Mr. Johnstone said during the normal course of a business day there are four to eight trucks coming to Comdial and this generally takes place late in the afternoon. Sometimes the number of trucks increase to ten or twelve, and they are usually semi-tractor trailers and common carriers, and these vehicles need to be allowed decent access into the facility. The question was raised M.B. 43, Pg. 327 April 7, 1993 (Regular Day Meeting) (Page 11) :' ' as to whether or not trucks should access the facility from Greenbrier Drive or Peyton Drive. Comdial has severe reservations about either of those alternatives. Traffic is already congested on Greenbrier Drive and further use of that intersection would worsen the situation. Also, if the trucks use Greenbrier Drive, they would have to cross comdial's two main employee walkways from the parking lot to the building. Using Peyton Drive would be a problem because Peyton Drive is not built to County standards and it has not been accepted int© the state system. Peyton Drive would have to be completely regraded. He, also, is not sure the trucks could make the turn from Peyton Drive into Comdial's parking lot. If the trucks could make the turn, they would have to cross the parking lot which would interfere with both foot and vehicle employee traffic. He noted that the trucks would be coming into the area from PeYton Drive at approximately the same time employees would be leaving, and this would cause conflicts. He next remarked that there was also concern about possible safety hazards, such as what Would occur if there was a traffic backup or an accident at Greenbrier Drive, and Peyton Drive becomes the only access. This also raises the concern of access for emergency vehicles into the facility, if this situation occurred. Mr. Johnstone said two entrances are not sufficient to support Comdial's business, and the alternative discussed with VDoT representatives is the best solution to this problem. He asked the Board to reaffirm the Planning Commission's decision, and he would be happy to answer any questions the Supervisors might have. Mr. John DePasquale, Location and Design Engineer for the Culpeper District, said he was representing VDoT in this matter. There is an opportu- nity here for the Board to enhance the safety to the traveling public with respect to the Route 29 corridor. The average daily traffic on Route 29, in the vicinity of Comdial, is approximately 60,000 vehicles a day. When there is an opportunity to eliminate an entrance along a corridor, VDoT staff likes to take advantage of it. The plans reflect that the northernmost entrance is going to be closed, and the grade at the existing southern entrance will be an 18 percent grade. This is a conflict and there is an opportunity to consider an alternate entrance. Mr. DePasquale called attention to the problem of a semi-tractor trailer trying to make a right turn into the southern entrance. The vehicle certainly could not make the turn from the right lane, and it might have to go over two or three lanes before the turn could be made. This presents potential safety hazards when entering the site. Exiting the site will cause the same situa- tion, because a semi-tractor trailer will have to make a wide bending turn in order to facilitate that movement, and it could create a hazardous situation for traffic approaching the location. If Comdial's proposed entrance off of Commonwealth Drive was approved, it would eliminate this potential hazard, and a free flow of traffic would be achieved along Route 29. Commonwealth Drive is 40 feet in width, and at the intersections of Greenbrier Drive and Hydrau- lic Road, there is currently some commercial development. As the road goes toward Greenbrier Drive there is low and medium to high density residential units. Most of these places have access to Commonwealth Drive through the use of service drives and commercial entrances. The vehicle count today is approximately 4500 to 5000, and ten percent of this count is trucks. The ~purpose of Comdial's entrance off of Commonwealth Drive would be to allow semi-tractor trailers to enter Comdial along that route. If the semi-tractor trailers which were entering the Comdial site from Route 29 were taken away from Route 29, and added to the traffic along Commonwealth Drive, it would be almost a negligible increase. He next mentioned the noise concerns, and he noted that the residential units are approximately 40 feet away from the road. At this time there has not been a study relative to the impact of the truck noise on those units. He also pointed out that the trucks would be slowing down as they proceed through the area, and he does not think speed would be a consideration, as far as safety is concerned. If the Board approves this plan, it would greatly enhance the safety of everybody involved. Mr. Bain asked if the semi-tractor trailers could be restricted to the Commonwealth Drive entrance, rather than using Greenbrier Drive, through signage. Mr. DePasquale replied that it might be possible, if Comdial would make an effort to direct the trucks. Mr. Bain said Comdial officials know how many vehicle trips are associated with their business, and if the same people are bringing the supplies, it seems to him that instructions could be given, although they might be hard to enforce. It would be a difficult situation for a vehicle to go right to get onto Greenbrier Drive in order to get back to Route 29, and the same thing is true, if a vehicle was coming in that way. There will be another conflict since improvements are planned for Greenbrier Drive in the future. Mr. Marshall inquired if the truck drivers who come to the Comdial location are the same people, all the time. Mr. Johnstone replied that, generally, this is true. Mr. Marshall stated that if this is the case, it will not take long for a truck driver, who is trying to turn onto Greenbrier Drive, to figure out that it will be easier to go around the other way. He thinks the problem will solve itself. M.B. 43, Pg. 328 April 7, 1993 (Regular Day Meeting) (Page 12) ., Mr. Bowerman then asked for comments from other people who were present regarding this item. Ms. Tammy Coffey, Site Management for Hunters Creek Apartments, said she appealed this request to the Board. There will be a lot of money spent on this road when only eight to twelve trucks, on a daily basis, would be involved. This equates to 16 to 24 trucks in and out on Commonwealth Drive using this new access road. She is not sure what paperwork the Supervisors have, but VDoT officials have presented a graph of the average daily traffic use, as far as what is happening currently and what is being proposed for Commonwealth Drive. She called attention to the top right hand corner of the graph, and she said it states that the Greenbrier entrance, with the proposed Commonwealth Drive entrance, will have a daily count of 109 trucks, and the new Commonwealth Drive entrance will have eight trucks a day. She cannot see where eight more trucks would make such a big difference at the Greenbrier Drive entrance. She lives at Hunters Creek, and her living room-kitchen area faces the Comdial parking lot. She sees the circulation patterns and she understands what the Comdial officials are saying when they talk about the passageway for their employees. However, there are two levels of that parking area, and the back part of the parking lot, which is also photographed in one of the aerial pictures, is not being used by the employees. There are approximately 500 vehicles parked at Comdial on a daily basis. She inquired, if the business improves, will the eight to twelve trucks increase from 36 to 42 on a daily basis using the Commonwealth Drive entrance. This is a concern, not just for the present, but also for the future. This is a residential area although there are a lot of commercial activities in that vicinity. The Planning Commission restricted the road for semi-tractor trailer use only, but her question is how will this be enforced. There is a large amount of Comdial vehicle traffic exiting onto Commonwealth Drive from Peyton Drive, now, and she wondered who will monitor the road. She asked if Comdial employees will be penalized if they use this access. She said that at 4:00 p.m. to 4:15 p.m. in the afternoon, she can look out of her living room window and see the employees darting across the parking lot to get home, and then they have to sit and wait to get out of the Peyton Drive entrance. She wondered what will prevent the semi-tractor trailer trucks from using this access, although she recalled that Comdial representatives have stated that they would consider fencing or some sort of gate within their parking lot to restrict their employees from using that access. Ms. Coffey then called attention to a memorandum in the Supervisors packets from Mr. Keeler, and she read the second comment offered by staff which indicated that due to on-site parking and circulation patterns, Comdial has stated that restricting access to Greenbrier Drive and Peyton Drive would not provide desirable access. She said the word, "desirable" is not adequate, and she believes traffic could be re-circulated to accommodate eight more trucks on a daily basis by using the Greenbrier exit. This is one alternative which could be considered. There is another alternative which would cost the State more money, and she mentioned the property behind Commonwealth Drive, that is undeveloped, where there could be an entrance off of Hydraulic Road. She next talked about the safety aspect relating to the communities in the area. Commonwealth Drive is congested with many families on small acreage, and any commercial traffic would pose a negative impact to these families as far as walking safely in the neighborhoods. At Hunters Creek, a lot of the social activities connected with the pool and the playground area are located close to Commonwealth Drive. Opening Commonwealth Drive has made it even more treacherous than ever although she is glad that this has been done. Common- wealth Drive is similar to a drag strip area some evenings although the police are doing what they can to supervise it. She then noted that approximately 40 feet from the proposed road is an elementary school bus stop. She has a child who rides that bus and there are four other kindergarten students. She went on to say that the bus driver of the elementary school bus constantly calls the Hunters Creek staff with license numbers of vehicles that do not stop in the mornings for the bus stop. It is hard enough to get the small vehicles to stop, so it will certainly be harder to deal with the semi-tractor trailers in this situation. The viewing capability from the exiting parking area of Hunters Creek will also be a hazard, because it is a bad situation if a vehicle is parked along Commonwealth Drive. If there is a large truck waiting to pull in or out, it will be another safety concern, as far as the residents of Hunters Creek moving in and out of their parking lot. There are few areas in Hunters Creek where a person can look out from their home and see some nature. The scene from most of the homes is the parking lot. She pointed out that a six foot privacy fence will be construct- ed approximately 30 feet from lifetime residents' living room windows. She had looked at the stakes which the surveyors had put down and tried to justify where the fencing would be built. She then called attention to the fact that the second and third floors of Hunters Creek will have no screening, and even with the landscape design, it will be many years before the growth will begin and present a glimmer of privacy for those people. Given the concerns at hand and her request for careful consideration in this matter, she urged the Board to explore the options. She does not have the answers to the dilemma, but she April 7, 1993 (Regular Day Meeting). (Page 13) ~.~> M.B. 43, Pg. 329 wanted to voice these concerns for the residents of Hunters Creek. She has several letters from persons who live at Hunters Creek, as well as people who live on Commonwealth Drive in the townhomes. One of the alternatives is the existing Greenbrier Drive entrance, because there is adequate circulation pattern for the eight trucks at this time with the amount of traffic that she knows is in Comdial's parking lot. There may be a time when this is not true. She then inquired if it was a fact that the Route 29 entrances are to be completely removed from the Comdial property. She next read a letter from Mr. Brown, a resident of a townhouse on Commonwealth Drive, who is also an employee of Comdial. She read that Mr. Brown feels it is a mistake and possibly an ill-informed decision to inten- tionally have commercial traffic use the new access. She continued reading that Mr. Brown feels, as an employee of Comdial, the existing Greenbrier entrance is more than adequate for the shipping trucks, and that for many years, and currently, the Greenbrier Drive entrance to Comdial has served commercial freight trucks in delivering materials. Mr. Brown hopes that common sense are the driving force of this governing body. Ms. Coffey thanked the Supervisors for hearing her appeal, and she asked them to consider the safety of the children in the community, as they listen to the remarks of the people in that area. She personally, could deal with the traffic and the noise, but the safety of the children, as well as the families in that area whose privacy will be violated, are her main concerns. Mr. Edwin Bickford, a resident at Hunters Creek, stated that his apart- ment also faces the Comdial parking lot. He understands that this issue is precipitated by the regrading of Route 29. The regrading of Route 29 creates a difficult grade at the southern entrance to Comdial, but he has no way of knowing if the proposed entrance is an absolute necessity, although it makes a lot of sense in terms of highway construction. He pointed out that there is a greenbelt in the location where the new access is proposed and it is similar to a neighborhood park. The current plan would create two accesses to Comdial in approximately 100 yards in a residential neighborhood. He did not know until he came to this meeting that Peyton Drive had not been built to State standards. Mr. Bickford went on to say that he is unsure what other options could be explored, or how far Comdial's property extends toward Sperry. He wondered if there was a possibility of exploring access to Hydraulic Road through the back of Sperry's property which is already being used for a truck entrance. He mentioned that Comdial's loading docks are on the southern end of the build- ing, and he asked if there could be a better way to create access off Route 29, which would leave Commonwealth Drive decongested of heavy truck traffic. He asked if there was a possibility of constructing another entrance from Route 29, where the grade would not be so steep. He next asked.a question about the legal status of the proposed access road. In talking to the Planning Commission he has learned that it is now dedicated for public use, and he does not understand what this terminology means. However, somehow this road is going to be dedicated to VDoT for building an access road, and he does not know how this takes place in a logical or legal sense. These are his questions to which he has no answers. If Peyton Drive could be upgraded, there is plenty of room along Peyton Drive to build an exit for trucks only at the northwest corner of Comdial's parking lot. The trucks could be routed through the area of the parking lot where Comdial's parking spaces are not currently being used. The loading docks could be reached easily, eliminating the proposed access road as an entrance, and also, perhaps, making it easier and less costly for Comdial to provide security. He thanked the Board for its time and consideration. Ms. Gladys Powell said her apartment is on the corner of Commonwealth Drive and the proposed new access road. She and her neighbor measured the area, and there is a line of trees 30 feet from her windows. She lives in the middle section at the second story level so she can visualize eight trucks using this proposed access. The trucks are going to have to slow down and accelerate, and every time this happens, black fumes will be coming through her windows. She can visualize the noise and pollution of these big trucks driving between her lovely view of the trees and the green grass behind Comdial and Sperry. She has lived in her apartment for seven years and she intends to keep living there, unless the area becomes less desirable. She reiterated that she is really concerned about the noise and the pollution of the big trucks coming through that area. Mr. Gary Johnson remarked that he has lived in Hunters Creek for 17 years, and he lived there before Commonwealth Drive was built in that vicini- ty. He understands the comment that was made about the trucks having to swing out into traffic in order to make the turn off of Route 29, but he wondered if this means that they would not have to swing out when they turn on and off of Commonwealth Drive. It appears to him that this will create a problem. He expressed concern about children getting off school buses. He mentioned mothers out walking 'with children in strollers pushing them down Commonwealth Drive and Peyton Drive. A lot of people avoid driving on Route 29, and, instead, they drive on Commonwealth Drive. He would like for speed bumps to April 7, 1993 (Regular Day Meeting) (Page 14) M.B. 43, Pg. 330 be installed there although he knows that it would be impossible to do. He added, that there is a lot 0f traffic driving through there at high speeds. He went on to say that the. amount of traffic which is already on COmmonwealth Drive also needs to be considered. He believes it is still an unknown factor to the general public that this street is open to them, and he thinks that the traffic will get heavier, as more people find out that Commonwealth Drive has been extended. He uses Commonwealth Drive in order to avoid traffic on Route 29 in late afternoons. There has to be a better way than to bring this heavy traffic onto Commonwealth Drive. He wondered if the number of trucks is for certain. He wondered if Comdial's business gets better, will the trucks increase to 10, 12, 14 or 50. He asked if there is a stopping point. These are questions that need to be considered. The emphasis needs to be put on the people and not business. He asked the Board members to watch out for the people. Ms. Joy Hammond, who works in the rental office at Hunters Creek Apartments, stated that she has a letter from Patricia Rohm, one of the residents at Hunters Creek, who lives on Commonwealth Drive. She then read the letter in which Ms. Rohm stated that she had just been given informatiOn relative to the proposed entrance to the Comdial property from Commonwealth Drive. Ms. Rohm's letter indicated that the proposed entrance will be directly across from her apartment, and the landscaping and fence would do little to ease the increased traffic, noise and air pollution to the area. Ms. Rohm feels strongly that this project should not be funded by taxpayers' monies, and wondered why she, as a taxpayer, should help pay for a project which would have multiple negative impacts upon her choice of residence, particularly when it is a preferred, but not a needed plan. Ms. Rohm feels that Comdial' current entrance should be able to handle eight additional vehicles with no need for this project. Ms. Rohm realizes this company is a good neighbor, providing jobs for many residents in the Charlottesville area, and it is essentially a nonpolluting business. The fact remains that the proposed entrance is currently designed to allow eight trucks an easier access, and that the costs of building such a right-of-way to the Comdial property would be prohibitive for eight vehicles. There are more worthy projects for VDoT to fund than one for eight vehicles. Commonwealth Drive currently is a busy thoroughfare at peak times of the day, and traffic has increased since the opening onto Greenbrier Drive, which often makes Commonwealth Drive a drag strip." Additional traffic from Common- wealth Drive will add tractor trailer traffic to what is a residential area. The people in the vicinity are opposed to the traffic and there are no assurances that once the project is complete, only eight vehicles will utilize this entrance. Commonwealth Drive is not designed to accommodate this type of traffic, and none of the turns onto Hydraulic Road or Greenbrier Drive are designed to accommodate this traffic. Comdial's current ramp off of Green- brier DriVe was built to accommodate this traffic, and there are access lanes off of Route 29, which should be sufficient to handle the eight additional trucks Hunters Creek pool, play~round areas and laundry require crossing Commonwealth Drive for many residents. The increased traffic on Commonwealth Drive would unduly put children at risk crossing the street. Ms. Rohm then referred in her letter to comdial representatives' statements that only the eight trucks will be utilizing this entrance, and that they will often be leaving late in the evening. She emphasized the negative impact these trucks would have, which included loss of solitude through the increased noise and the pollution of diesel fumes. This is a residential and not a commercial neighborhood, and this plan would take away the residents' rights to sit on their balconies, or to have their windows open and enjoy nature. There are many birds and small wildlife, as well as deer in that area, and she is concerned for their safety as well as children, pets and residents walking and jogging. She asked the Supervisors to consider this proposal and the impact that such an entrance will have to a residential area. Ms. Rohm then recalled Comdial representatives' statements that they do not want trucks and employees' traffic to use the same entrances, and she suggest- ed that they should re-evaluate their traffic patterns within their property where many rows of parking go empty daily. Surely there must be other options and the new entrance is essentially not needed. What is needed is a respect for the citizens' right for safety, a residential area kept intact to quietude and the prevention of taxes paying for a project for eight vehicles. Ms. Lisa Luchard, an employee of Hunters Creek, stated that she has a letter in hand from an ll year old girl. Even the children in the area are concerned, because they are the ones who have to cross the congested areas. The little girl did not think the road should be built because of the popula- tion in that area. The entrance will be at least 40 feet from an elementary school bus stop and building the road will kill most animals' habitat. Ms. Luchard next stated that some of the graduate students who live at Hunters Creek are concerned and are already looking for another place to live. This will also hurt Hunters Creek's business. No one else came forward to speak, so Mr. Bowerman closed the public portion of the meeting. April 7, 1993 (Regular Day Meeting) (Page 15) Mr. Bowerman then asked Mr. St. John if this item is an administrative issue before the Board. He wondered if this is a site plan which already has legal access to a road since there already is a dedicated right-of-way. Mr. St. John answered that this is an amendment to the site plan. One of the site plans show the existing entrances, etc. He added, however, that he has not seen the current site plan. Mr. Keeler said there are several old site plans pertaining to this area, and at least one site plan shows an entrance labeled, "future entrance," at that location. Mr. St. John said the location of entrances is a proper function of site plan review, which means that the Supervisors have discretion to approve or deny this request. The fact that VDoT representatives have approved the entrance makes no difference because this is not a by-right entrance. Mr. Bowerman commented that if it was the only entrance to this property, it would be a by-right entrance, but it is not the only available entrance. Mr. Marshall said if the other entrances are taken away, then this will be the only entrance. Mr. Cilimberg pointed out that there would still be an entrance off of Greenbrier Drive, and another entrance from Peyton Drive. Mr. Marshall noted that Peyton Drive is a private road so this entrance cannot be considered. Mr. Cilimberg responded that this entrance was given to Comdial. Mr. St. John explained that the problem with Peyton Drive lies in the circulation of traffic, because it is difficult to turn tractor trailers within the present configuration of the road. Mr. Bowerman asked Mr. Johnstone how he planned to control access, if this entrance is permitted only for commercial tractor trailers and not passenger cars. Mr. Johnstone replied that discussions have centered around building a pipe rail fence along the access road from the property line to the shipping docks. Mr. Bowerman inquired if there would be no access to the other part of the plant, other than the shipping docks, except by entrance to and from Commonwealth Drive. Mr. Johnstone answered affirmatively. Mr. Bowerman then inquired if Comdial has legal access to Hydraulic Road. Mr. Johnstone replied, "no." Mr. Bowerman next asked if Comdial has an easement through Sperry property. Mr. Johnstone indicated that Comdial had no easements relating to the Sperry property. Mrs. Humphris said she needs to understand the logic based on the traffic chart. She pointed out that with the proposed Commonwealth Drive entrance, there would still be 109 trucks a day using Greenbrier. Mr. Johnstone replied that these are general figures gathered by the Highway Department and they are not associated with Comdial. He thinks some of the discussions which have occurred are mixing a couple of issues. First, Mr. Johnstone stated that unless nothing is done on Route 29 trucks will be forced onto Commonwealth Drive. He said Commonwealth Drive is a logical access road for trucks to use, whether they are going to Peyton Drive or Greenbrier Drive. He emphasized that trucks are not going to come up Route 29 and make that turn. The trucks will be traveling on Commonwealth Drive whether or not the proposed entrance is approved. He emphasized that the Comdial staff is sympathetic to its neighbors and want to be a good corporate citizen and try to find the best solution to a difficult problem. This entrance will not alleviate the traffic on Commonwealth Drive. He thinks when construction begins on Route 29 Commonwealth Drive will become a standard thoroughfare for everybody. Mr. Bain asked if tractor trailers use the existing entrance at Green- brier Drive. Mr. Johnstone replied that a few trucks which are generally going to Comdial's receiving area use the Greenbrier Drive entrance. These are usually UPS van-type vehicles. He added that once or twice a week a semi- tractor trailer might use this entrance, but not frequently. Mr. Bowerman noted that this entrance would not be upgraded as part of the Greenbrier Drive improvements, when the Route 29 improvements are done. Mr. Bain asked where the semi-tractor trailers travel to when they use the Greenbrier Drive entrance. Mr. Johnstone responded that the receiving dock is located at the northwest corner of the plant. Mr. Bowerman asked if there is any other location where an entrance to Comdial could be constructed from Route 29 to serve trucks. He noted the problem with the grade at the southern entrance, and there are also grade problems at the current entrance. He understands that there would not be a direct access if the southern entrance was used, and in order to get to the desired point, there would have to be switchbacks. Mr. DePasquale replied that this is one of the major constraints. He said the northernmost entrance is proposed to be closed as a result of its vicinity to the intersection at Greenbrier Drive, as well as the grade problems. Trucks would have to proceed to the southernmost entrance, which is an 18 percent grade and up to the unloading dock. This is a major consideration. Mr. Bowerman asked if there is any way to lessen the grade by elevating Route 29 in that location. Mr. DePasquale stated that this presents concerns throughout the corridor. He went on to say that during the design process, sight distance, curves and other entrances, as well as the intersection at Greenbrier Drive, are control points. VDoT engineers have tried to work with all these constraints to the best of their ability to try to minimize the impacts throughout that length of Route 29. VDoT engineers do not just look at the impact on Comdial. They have to look 1,000 feet to the north and M.B. 43, Pg. 332 April 7, 1993 (Regular Day Meeting) (Page 16) south, as well as provide a grade to match the northbound section which is the major theme throughout the corridor. He went on to say that when changes are made, it creates a ripple effect throughout the corridor. Mr. Bain remarked that he understands what Mr. DePasquale is saying, as far as the northernmost entrance is concerned, and there is a severe grade at the southernmost entrance. He then pointed out a direction on the drawing and asked if truck traffic on Route 29 could proceed on a gentler grade by coming that way. Mr. DePasquale responded that VDoT engineers roughly considered that concept, with the grade being the ma]or consideration, and they feel the grade could be achieved at approximately ten percent. He noted, however, that if the actual design process was started on this concept, the grade could vary somewhat. Mr. Bain pointed out that the entrance is limited to shipping and receiving vehicles and not general traffic. Mrs. Humphris asked what the cost will be for the Commonwealth Drive entrance. Mr. DePasquale replied that a rough estimate for this entrance is approximately $20,000. He added that a rough cost on the entrance at the 18 percent grade is approximately $14,500. He pointed out that in addition to the actual construction cost, there are damages which Comdial would incur as a result of that grade. In VDoT's experience this would exceed the cost of the back entrance. Mr. Bowerman stated that this is why VDoT is willing to undertake the cost of construction of the second entrance. Mr. DePasquale agreed, but he added that also the overall safety issue is involved. VDoT engineers see the entrance on Commonwealth Drive as a win/win situation. The safety is greatly enhanced for everybody by eliminating the conflict point on Route 29 and bringing the truck traffic onto a back road. Not only is it economical from a cost perspective, but it also increases the safety aspect. Mr. Bain next inquired if the grade on Route 29 at the southernmost entrance was reduced to ten percent, would VDoT staff still think that this is not a safe way to approach the matter. Mr. DePasquale replied that he does not believe the ten percent grade could be achieved, but it certainly would not eliminate the hazard. If trucks continue to enter and exit at that point, there will always be a hazard. If there is an alternative to that entrance, VDoT representatives would want to pursue it, and that is where the matter is now. Mr. Bowerman wondered if a cost has been determined relating to the ramp, if the southernmost entrance on Route 29 was changed to meet Comdial's needs. He added that there would be quite a bit more roadway involved with this plan. Mr. DePasquale noted that there would be additional roadway costs, retaining walls and further damages to the Comdial parcel of land, as well as utilities, etc. He said these costs would be significant. Mr. Marshall stated that he is concerned about loaded trucks trying to get up that grade and enter onto Route 29. Mr. Bain pointed out that there is some distance available for a gradual slope for the trucks that are coming through the light on Route 29. When the trucks are leaving the property and going onto Route 29, there would be a turn which the trucks would have to make. He asked why Highway Department offi- cials see the entrance on Route 29 as being more damaging to Comdial's property. He noted that Comdial is not using this entrance, anyway, except for trucks pertaining to shipping and receiving. Mr. DePasquale replied that there is a great difference between the proposed road and the existing level of Comdial's property. If a situation is created where there has to be a ramp, then the fill along Comdial's property will be disturbed. The more this happens a retaining wall will have to be constructed or the land will have to be built up to the point where there will be a constraint. He went on to say that in this situation it could be the whole length of the building. Me noted that it is hard to say what will be involved because he has not gotten into the design, but he anticipates a significant disruption or impact to the front of the Comdial parcel of land. He cannot tell the Board to what extent this impact will be, at this time, but it will be beyond the impact and cost associated with the Commonwealth Drive entrance. Mr. Bowerman pointed out that the retaining wall, alone, would be a major cost. He asked Mr. DePasquale if he had further comments. Mr. DePasquale stated that he believes the cost issue has been covered. He reiterated that the entrance off of Commonwealth Drive would be approxi- mately $20,000, and the entrance on Route 29 at 18 percent grade would be approximately $14,500. He informed Board members, however, that if this entrance off of Route 29 occurs, it could escalate the cost beyond the Commonwealth Drive entrance. Mr. Bowerman inquired if trucks could use the entrance off of Route 29. His understanding is that trucks could not use this entrance, because of the grade and the way the trucks would have to be driven up to the plant from the entrance. Mr. DePasquale replied that it would be very difficult for trucks to use the Route 29 entrance. Mr. Marshall stated that Mr. DePasquale is saying that this entrance just cannot be used. Mr. DePasquale agreed. He M.B. 43, Pg. 333 April 7, 1993 (Regular Day Meeting) (Page 17) noted that the safety aspect to the traveling public is VDoT officials' main concern. It is felt by VDoT engineers that the elimination of the Route 29 entrance eliminates the conflict point and greatly enhances safety for the traveling public. The elimination of this entrance would be a benefit for everybody. He then mentioned the concern with respect to the trucks coming and going to and from the Comdial property on Commonwealth Drive, and he noted that there will not be a constant stream. There will only be four to twelve additional vehicles using that road, especially at the peak hour, which is between 4:00 p.m. and 5:00 p.m. There is already a great deal of traffic on that road. He next talked about the ability of Commonwealth Drive to handle the increase in traffic. He noted that this point has been considered and the additional trucks are not going to impact the capacity concern for the pavement structure. Mrs. Humphris recalled that Mr. Johnstone had mentioned that Mr. DePasqu- ale would be able to explain VDoT's numbers in the traffic chart. She needs to understand the figures shown for the Greenbrier Drive entrance with the proposed Commonwealth Drive entrance. VDoT's figures indicate that there would be 109 vehicles a day using the Greenbrier Drive entrance and only eight trucks a day using the new Commonwealth Drive entrance. She asked what justifies the Commonwealth Drive entrance, and what is responsible for the difference between these two numbers at these entrances. Mr. DePasquale directed Mrs. Humphris' attention to the bottom of the chart where there was an explanation which indicated that a truck is viewed as a vehicle with more than four tires. He explained that the count of 109 vehicles includes vans, UPS trucks and other vehicles which are not semi- tractor trailer trucks. He stated that vehicles other than semi-tractor trailers would be directed toward the Greenbrier entrance. Mrs. Humphris next inquired if Mr. DePasquale can tell her how many tractor trailers are counted in the 109 figure which would be using the Greenbrier Drive entrance. Mr. DePasquale responded that he can not directly answer Mrs. Humphris' question. VDoT received the information on the tractor trailers from Mr. Johnstone. As far as the 109 vehicles are concerned, Mr. DePasquale stated that a large majority of them are four tire vehicles. Mrs. Humphris said she needs to understand this number so that she can understand the justification for the other entrance. If eight tractor trailers are going to be using each of these entrances, then she does not see a reason for creating the Commonwealth Drive entrance. She wondered why the eight tractor trailers, which are expected to use the proposed Commonwealth Drive entrance, could not use the Greenbrier Drive entrance, also. Mr. Johnstone answered that he cannot tell Mrs. Humphris the exact number of trucks using the Greenbrier Drive entrance, but it is not many. Most of Comdial's goods go to the receiving dock and goods are primarily received by UPS deliveries. He would think that it would be less than five or six semi- tractor trailer trucks a week which use the Greenbrier entrance. Mrs. Humphris then asked if the necessity for a new road relates to the number of semi-tractor trailer trucks involved or the traffic circulation on Comdial's parking lot. Mr. Johnstone replied that the new entrance from Commonwealth Drive is necessary because of access to Comdial's shipping finished goods warehouse which is in a different location from the receiving docks. This area is not shown on the~map, but if it was shown, it would be located in the lower center of the map which the Board members have in hand. Mr. Bowerman pointed out that it is a quarter of a mile from Greenbrier Drive to the point to which Mr. Johnstone referred. He noted that Comdial is a big plant, and it has ten acres under roof. Mr. Johnstone stated that his main concern relating to semi-tractor trailer trucks using the Greenbrier entrance is twofold. Bringing these trucks in from Greenbrier Drive would make an already congested area worse, because of the turning radius. Secondly, in order for the trucks to get to the shipping dock from Greenbrier Drive, they would have to pass across both employee walkways from the parking lot into the building. There are two main access walkways and both of these would have to be driven across by these semi-tractor trailer trucks while they are enroute to Comdial's shipping dock, which do not have to be crossed when trucks are going to the receiving docks. Mrs. Humphris noted, however, that these tractor trailers would be crossing pedestrian walkways on Commonwealth Drive, as well. Mr. Johnstone disagreed. There would be no conflict with anything, if the trucks use Commonwealth Drive. Mrs. Humphris said she is referring to the fact that there are pedestrians on Commonwealth Drive just as there are employees in Comdial's parking lot. Any foot traffic will have to contend with the trucks whether the people are in the Comdial parking lot or on Commonwealth Drive. Mr. Bowerman commented that since Comdial is located in the Charlottes- ville District, he would speak first. He was contacted by Comdial representa- tives some months ago, and he met with Comdial and VDoT staffs. The issue was brought up about the entrance on Route 29 and the fact that it was not going to be able to take the recurrent truck traffic. He sat with the assembled people and looked at the alternatives. It has to be recognized that Comdial is already located there, and it has been there for a long time, even though THE NEXT PAGE NUMBER IN THIS BOOK IS 333A M.B. 43, Pg. 333A April 7, 1993 (Regular Day Meeting) (Page 18) the name has changed several times. Today the County would not be zoned in such a way that industrial property would be next to residential property. It seemed to him that with the traffic which is already on Commonwealth Drive and will remain there, putting an entrance on Commonwealth Drive for these few trucks would not make a detectable increase of traffic. If the entrance was improved on Greenbrier Drive, he still thinks the majority of truck traffic would use Commonwealth Drive. As Mr. DePasquale has already said, there is a direct public benefit to all'owing this entrance on Commonwealth Drive, in terms of improved safety on Route 29. He (Mr. Bowerman) does not see the personal hardship to the apartments at Hunters Creek which would be caused by the location of the entrance on Commonwealth Drive. Clearly, a step down in the amenities of these apartments does not outweigh the benefit of not locating Comdial's entrance on Route 29. It did not seem to him to be a significant change in the character of the area, if these few trucks were allowed to use the proposed Commonwealth Drive entrance. He thinks the eight or twelve trucks a day which would use the Commonwealth Drive entrance would not be a substantial change, or even a measurable change, to the traffic on Commonwealth Drive. There are already 500 trucks a day, defined as vehicles with more than four tires, on Commonwealth Drive. He knows that some semi- tractor trailers already use Commonwealth Drive. This was a difficult decision for him, and he had said in the meeting with Comdial and VDoT staffs that this issue would probably go to the Planning Commission and could, ultimately, come to this Board when the adjacent property owners were noti- fied. He knew that involving residents directly in the access question for Comdial would create a significant problem. He is not unaware of the fact that there are 20 plus constituents at this meeting who feel very strongly about this matter. Even in light of this fact, he will support the entrance on Commonwealth Drive as the best situation in a dilemma. He emphasized that he would let the Planning Commission's position stand. Mr. Perkins asked if construction of a barricade could be a requirement of this site plan. Mr. Bowerman said that could be included as a condition of the site plan. Mr. Bain pointed out that the Planning Commission has already voted to limit the Commonwealth Drive entrance to truck traffic. Mr. Bowerman said, however, that the condition could be made more specific. Mrs. Humphris asked if there were any other conditions involved with this plan. She does not have copies of the Planning Commission's minutes, and she has no idea what was said. Mr. Cilimberg responded that the only action relative to the Planning Commission meeting was shown in the action letter which the Board members have received in their packets. Mr. Marshall asked if this Board is only acting on the appeal. Mr. Cilimberg replied, "yes." Mr. Bain commented that he does not disagree with Mr. Bowerman, but he would like to see more detailed information relative to the ramp for truck traffic on Route 29. He would like for this information to include costs, etc., because it does not appear, from Mr. DePasquale's remarks, that these figures have really been completed and examined. He would prefer to have this information before he would support leaving the Route 29 ramp alone. It may be that Commonwealth Drive is the best solution, but he would like to be sure that other alternatives have been carefully examined, and there is some idea of the design and costs of the Route 29 project. He would like to have a response from Comdial's staff relating to the Route 29 alternative, after all of the information has been examined. He noted, though, that the Board had not asked for Comdial's response before today. He then told Mr. Bowerman that if he thinks this alternative has already been totally considered, in terms of figures, etc., then maybe he (Mr. Bain) can be convinced to support the Planning Commission's decision. Mr. Bowerman replied that, in terms of construction between the two projects, the figures are not even close. He is not saying that it cannot be done, because he is sure that it can be done, but it would be done at consid- erable sacrifice to the front area of Comdial's property. He noted that there is not much distance between Comdial and Route 29, where such work could take place. Comdial is significantly above the grade of the current elevation of Route 29, but the grade is going to be lowered considerably in that portion of the road. Common sense tells him that the difference in cost, engineering and the amount of earth moving activities, etc., will be significantly different. It was not one of the things which was considered, because it was so far out of the equation. He added, however, that an 18 percent grade was considered at the location of the current southern entrance. Mr. Bain responded that he understands the problems with vehicles trying to use the 18 percent grade. Mrs. Humphris agreed with Mr. Bowerman that the property between Comdial and Route 29 is narrow. Common sense tells her that taking trucks across the whole frontage of the property is not something that anybody would want to do. She does not think that is something this Board should ask of anybody, because it would literally visually destroy the front entrance to the plant. Mr. Marshall stated that he is going to support Mr. Bowerman's comments, although he is sympathetic to the people who live in that area. He is a lifelong resident of this area. He recalled that when Stromberg Carlson was in that building, he had thought that it was located a long way out in the PAGE NUMBER 334 WAS SKIPPED IN THE NUMBERING PROCESS THE NEXT PAGE NUMBER IN THIS BOOK IS 335 M.B. 43, Pg. 335 April 7, 1993 (Regular Day Meeting) (Page 19) country. Now it seems that Comdial is located in the city. Comdial is a very vital business to this community and the jobs are desperately needed. He believes Mr. Bowerman has examined this situation very carefully. Mr. Cilimberg said two points were raised by the Planning Commission that this Board should know about, because these points relate to this discussion. He stated that Mr. Nitchmann (Commissioner) had asked if ramping in and out along the front of Comdial's property had been considered. Mr. DePasquale had responded to the Commission, with the same comments that he made today, and it no longer was a discussion issue. After that Mr. Nitchmann was one of those voting for the site plan amendment. Mr. Cilimberg next noted that Mr. Johnson voted against the site plan amendment, because he thought that an entrance to Peyton Drive should be considered for accommodating truck entrances and exits rather than establishing a new entrance. Mr. Cilimberg went on to say that it was a six to one vote, and these were the primary points raised by the Commissioners in that discussion. The remainder of the discussion was similar to the discussion that the Supervisors have heard today from the citizen input, as well as from the applicant and VDoT representatives. Mr. Bowerman stated that the action requested of this Board is a motion to deny the Comdial entrance onto Commonwealth Drive. If there is not a motion to deny, it is not necessary to approve the request, because the Planning Commission's action would stand. Mrs. Humphris stated that she was at the Comdial property recently, and she can see that there is a safety problem, if the entrance onto Commonwealth Drive is allowed. She thinks Comdial really needs this entrance. However, she is distressed because she likes to be on the people's side, instead of on the side of moving trucks and cars. She thinks the Commonwealth Drive entrance is the safest proposal for getting trucks in and out of the Comdial property, given all the ramifications of what can happen with Greenbrier Drive and Route 29. She thinks this Board is going to have to do a whole lot more, as far as protecting people from traffic in places such as Commonwealth Drive, when roads are built that are wide and straight, and people think that they can drive at any speed. There are two major problems involved, and the first is the speed of the vehicles. The second problem relates to the fact that people are no longer stopping for school buses. If something is not done about this problem, a really dangerous situation will develop. She commented that people pass stopped school buses every day, and the license numbers of these vehicles need to be reported. If a major program is not developed across this County to put an end to the problem of people passing stopped school buses, there is going to be a tragedy. If this Board supports Comdial's request, it is the Supervisors' responsibility to help the citizens in that area with the safety of their street, because it will create an unsafe situation for them. Mr. Marshall concurred. He noted that there is a similar problem on Route 20 South. He has asked a couple of the police officers to set up radar traps for these people, specifically at the times that the school buses are stopping. The police officers have been successful in catching some of these people. He suggested that radar traps could be put on Commonwealth Drive, also. Mr. Bain remarked that the Supervisors know the nature of the Comdial business and the neighborhood. He hopes if this Board supports the Planning Commission's action, that the issue will be revisited, when Greenbrier Drive is improved, and the crossover is done at that intersection. If the request for this entrance is not denied today, he understands that, legally, this Board will not be able to do anything at a later time. He then went on to say that the problem of pedestrians and truck traffic on site should be Comdial's problem. Traffic traveling up and down the road does not create the same conflict as trucks making turns, etc. He is hoping the issue will be addressed again when Greenbrier Drive is improved, although he realizes that this is three to five years in the future. He emphasized that he does not like this situation, and he opposes it. Mr. Bain then made a motion to deny the Comdial's entrance onto Commonwealth Drive, although he recognizes that the motion probably would not get a second. Mr. Bowerman asked if there was a second to the motion. There was not a second. At this time, Mr. Martin suggested that the Board move to the next agenda item. Mr. Bowerman stated that the Planning Commission's action relating to the approval of the Comdial entrance onto Commonwealth Drive would stand, and the site plan is approved for this new entrance. M.B. 43, Pg. 336 April 7, 1993 (Regular Day Meeting) (Page 20) At 10:50 a.m., the Board held a recess. At 11:00 a.m., the Board reconvened. Agenda Item No. 7c. Other Highway Matters. Mr. Martin asked Mr. Roosevelt to respond to some of the comments which Mr. Cropp and Mr. Brown had made relating to Route 769. He has traveled this road several times, and one time he was there after a substantial rain fall. It was not the type of rain that this County has very often, but it does happen on occasion. He has a four wheel drive vehicle and there were times when he thought he was not going to be able to get through the road. The day before his visit there was an accident with one of the school buses trying to turn around. The bus had to actually turn around short of finishing the route, because the driver could nOt get the bus across the area, where his (Mr. Martin's) four wheel drive vehicle could travel. There are some things that the Highway Department and this Board can and cannot do, and he would like an overall discussion of this matter. He thinks this is one of those situations which is so bad that this Board might Want t° dO something, if VDOT cannot. Mr. Roosevelt responded that nothing can be done to Route 769 without money. To do what he thinks needs to be done to that road would take such a substantial amount of money that it would be impossible to take it out of the maintenance budget, so the money would have to come from the secondary road improvement funds. He referred to Mr. Brown's comments about Mr. Roosevelt telling him that the decision is up to this BOard, and when he comes to this Board, he is told that it is up to Mr. Roosevelt to make such a decision. Mr. Roosevelt went on to say that the real answer is that the decision is up to both VDoT and the Supervisors because if the money is to come from the improvement funds, the project will have to be included with the Six Year Plan, and it will have to go through the joint process between the Highway Department and the County. There are hundreds of millions of dollars of improvement needs and only a scarce amount of funds, amounting to $18.0 million to $20.0 million available over the six year period. This is a case of the Supervisors' priorities, and up to this time, Route 769 has not been among the top priorities. He then talked about the background of this road, and stated that he has worked under a procedure which is no longer allowed.~ He has worked with some people in that area who are trying to obtain the rights-of-way which would be necessary to improve that road, and the rights-of-way, at that time, which was five to seven years ago, were not available. He cannot confirm or deny whether there has been dedication and whether that dedication is in a location where there could be some substantial improvement on the sight distance. This is basically where the matter stands. He then suggested that he meet with Mr. Cropp, Mr. Brown, or someone who is designated from this area, to look at the reconstruction suggestions that they have made. Research could be done to find out what rights-of-way are available, and an estimate could be made of what additional rights-of-way are needed. The cost would not necessarily be determined, but the actual ground which would be needed to make these improve- ments. He went on to say that he could make an approximate estimate of cost to do this work, and he will come back to this Board with the cost estimate and a recommendation as to whether the improvements the citizens are recom- mending could be done. He noted, though, that there are going to be improve- ment requirements, and there is no point in talking about the maintenance with this Board. He can talk about the maintenance of the road with the citizens, and he can try to do everything that is possible to do. He remarked that he would be candid at this point, however, and he pointed out that the improve- ment funds could probably be spent twice over to make spot improvements on the roads in Albemarle County, and two years from now, it would be impossible to know that anything had been done at all. He would draw on what the citizens said in their presentation today, such as the fact that some improvements had been made along this road over the years, where curves or slopes have been graded. He is assuming this work was done with improvement funds, but obviously this money has not improved the road to the point where it needs to be now. He emphasized that money can be spent for spot improvements on a road such as this, and three years from now there will be the same type of delega- tion, although it may not be the same people, saying that there is not enough maintenance for the road and more is needed. He reiterated that he would look at the improvements with the people, if this is satisfactory, and he will try to determine what rights-of-way are needed. The Board members could decide, after he furnishes them with the information, if it would be an improvement project, and then, during the budget process, it could be decided whether or not the money should be spent for this project. He next mentioned that revenue sharing money is a fund that has few restrictions on it, and it does not require the road be an improvement need. The money could be used for heavy maintenance, if the Supervisors decide that this is what they want to do. This would be an opportunity to use revenue sharing funds for this project, because there would not be any restriction to doing that at all. The Board members could decide that this project is where M.B. 43, Pg. 337 April 7, 1993 (Regular Day Meeting) (Page 21) they would like to spend some or all of the revenue sharing funds, and the Highway Department would match it dollar for dollar. This is a way that this project could be financed, but the question still remains as to whether or not this is where the Supervisors want to spend the scarce funds that the County has been allocated for improvements. Mr. Martin commented that if Mr. Roosevelt could bring back this informa- tion, the Board members could at least make some decisions. Mr. Bowerman remarked that he does not know how much further this matter can be discussed today. He said that Mr. Roosevelt and the residents who live along Route 769 could meet, and then Mr. Roosevelt can come back to this Board with a possible solution. Mr. Martin stated that he thinks that this is all that Mr. Cropp and Mr. Brown were asking for today. Mr. Roosevelt commented that he had heard there were some concerns about maintenance on Route 769. He said that Mr. Martin did not need to go out to lOok at the road on a day when there had been a substantial rain, because this road floods very often. It is one of many roads in the County with the same problems. This road was there when Thomas Jefferson was traveling this CountY, and it probably looks very much now as it did then, as far as its width and its ability to handle the water. The road and creek are built in the same location, and when the water flows out of the mountains, nobody but the Lord can keep it off of that road. Mr. Perkins recalled that Mr. Cropp had mentioned that he could do some work on Route 769. Mr. Perkins wondered what is the Highway Department's position about private citizens working on public roads. Mr. Roosevelt responded that the Highway Department will issue permits for anything that looks as though it is reasonable and will not leave the road in a worse condition. He would talk to Mr. Cropp about this matter in more detail when he meets with him. It was the consensus of the Board to discuss this item further at its May 5, 1993 meeting. Next, Mr. Bain inquired as to why the County's allocation on secondary roads is going down approximately $500,000 for 1995. Mr. Roosevelt replied that he neglected to bring the overall allocations, but he believes the Statewide allocation has decreased. He has nothing to do with the estimates, but what it has meant in the past is that the person who is estimating the revenues which will be available for FY 1995 assumes that less revenues for improvements for highways are going to be available. Mr. Bain remarked that he had not noticed the allocations decreasing in previous six year cycles. Mr. Roosevelt answered that this has happened in past years, but he emphasized that his answer to Mr. Bain about the reason for the decrease in allocations is just an educated guess. He noted that while the next fiscal year might be good, there always seems to be a drop-off in allocations for the following year. The allocations begin to rise after that. Mr. Bain said he thought the money for unpaved roads was a fixed percent- age of the overall secondary funds, but he noted that this amount increases by $3000 for the next year. Mr. Roosevelt replied that it is not exactly true the amount of money for unpaved roads is a fixed figure, and he pointed out that it is not tied to the amount of money that is available for secondary roads. The amount available for unpaved roads under the formula for distribu- tion to the three road systems (primary, secondary and urban) has been set aside before that distribution is made. In looking at the overall figures for FY 1995 there is a tremendous increase in the National Highway System funds which are available for the interstate system. The rules have still not been made known as to how these funds are to be allocated, and the Highway Depart- ment is assuming that they will not be allocated by formula, but, instead, they will be allocated to specific projects in the National Highway System. He thinks one of the reasons the funds are reduced is because it appears that there is going to be so much money available under federal law to Virginia in 1995. From the total amount of money which is left, special funds are allocated and the gravel roads fund is a percentage of this total fund. This is why the fund is basically the same as it is in 1994. He added that once all of these special funds are allocated, then whatever is left is distributed to the three systems by the formula approved by the Legislature. Mrs. Humphris called attention to the four categories of roads which are primary, urban, secondary and unpaved. She asked if there are any ISTEA funds included in the chart for these categories, or are these normal allocations of State funds. Mr. Roosevelt replied that the ISTEA money which filters through the system and is available for primary, urban and secondary roads is put with the State funds and then distributed. Mrs. Humphris inquired again if any of the ISTEA funds are included in those four categories in the numbers which are shown on the chart. Mr. Roosevelt answered, "yes." He went on to say that the money included in the M.B. 43, Pg. 338 April 7, 1993 (Regular Day Meeting) (Page 22) chart, to which Mrs. Humphris referred, has not been consciously divided between ISTEA funds and State funds. He called attention to the sections marked Interstate NHS and non-interstate NHS, and he said that this money is coming from ISTEA funds and the Statewide match which needs to go with it. He stated that, for the most part, everything else shown is whatever has been left over after the N/4S money has been taken out. He went on to say that the ISTEA money which is left over has been included with available State funds, and then it is distributed in accordance with the State formula. Next, Mrs. Humphris referred to Item 5.13 from the consent agenda. She called the Board's attention to the information that VDoT evaluated the need for sidewalks on Route 29 between the City limits and the River, and the study indicated a positive need for sidewalks on each side of Route 29 and on the three interchanges now proposed at Hydraulic Road, Greenbrier Drive and Rio Road. Mr. Hodge has indicated that the space will initially be provided, and pending the public hearing results on the three interchanges, a separate contract for the actual walkways will be advertised. She stated that this shows more than ever reasons to justify the interchanges. She pointed out that there cannot be sidewalks on Route 29 unless there are interchanges, because the time necessary to get people across an eight lane highway with the median would be interminable. She reiterated that this is more reason than ever that this Board must insist that these interchanges be built. She emphasized that the sidewalks need to be constructed that VDoT officials say are necessary. Mrs. Humphris then referred to Item 5.15 on the consent agenda. She thought Mr. Roosevelt might want to talk to the Board about the schedule for these projects. Mr. Roosevelt responded that he has tried to comply with this Board's request to let the Supervisors know when dates are changed from the date shown on the previous form. On projects to be coming in the future all of those projects which changed between the last report and this report are as a result of refinancing that was done when the Meadow Creek Parkway advertisement date was moved from a 1999 date to a 1997 date. The effects on some of the ma]or projects, such as Hydraulic and Rio Roads, were discussed at last month's Board meeting, but there were a number of other projects, which were either of a more minor nature or further down in the plan, that were also affected. Unless there is a question about a specific project, he would not discuss all of them, at this time. He mentioned, however, that the funding and the time it takes to do the planning of the Route 682 project are the reasons that the advertisement dates for the gravel road projects on this list have changed from January to April. Mr. Martin asked what happened to the Route 610 project. Mr. Roosevelt responded that the Route 610 project is shown on the list of projects. Mr. Marshall mentioned the project involving the "S" curve on Route 20. He hopes it will not take as long to do this project as it is taking for the intersection project at Avon Street and Route 20. He believes this construc- tion has been going on for a year. Mr. Roosevelt said an estimate of time will be advertised for the project, but the actual time to complete the construction will depend on when the project goes to construction. If the project is scheduled for the winter, and there is a lot of wet weather such as there was this past winter, then the project would probably run into the spring. He next mentioned that he is unsure when the project at Avon Street can resume, because the ground is very wet. This area will have to dry out, before construction can begin again. He noted that Mr. Marshall is correct in thinking that the same thing could happen with the "S" curve on Route 20. However, if the work crews can be active, the Route 20 project should be completed in six months. Mrs. Humphris mentioned the projects under construction on Barracks Road, and the estimated May completion date. She asked how this date was decided upon, because the rains have slowed down all of the projects. Mr. Roosevelt apologized for the dates shown for these projects. This information came to him with the May date shown. He changed the date to August, and gave it to his secretary to retype, but somehow the information got out of his office with the wrong date shown. Mr. Bowerman asked Mr. Roosevelt to do whatever is necessary to get the parties together relative to Hillsdale Drive, so that this road can be taken into the State system. It has been years since the road was completed, and he is willing to do whatever he can to expedite the matter. Next, Mr. Bowerman mentioned that two weeks ago, prior to the public hearing in Culpeper on the primary allocation system, he received a call from Ms. Connie Kincheloe, of the Commonwealth Transportation Board, wanting to bring the Secretary of Transportation, John Milliken, here to meet with him M.B. 43, Pg. 339 April 7, 1993 (Regular Day Meeting) (Page 23) (Mr. Bowerman). This meeting was to go over the letter that this Board had directed to be sent to Ms. Kincheloe about what she had said relative to the interchanges when she spoke to the North 29 Business Council. Rather than send letters back and forth, Ms. Kincheloe wanted to bring Secretary Milliken down and talk about it in person. Mr. Bowerman stated that he asked Mr. Tucker and Mr. Bain to join them. He wanted either Mrs. Humphris or Mr. Bain to attend this meeting because both of them are members of the Metropolitan Planning Organization (MPO), and he thought it was important to get one of them to this meeting. He told Ms. Kincheloe and Mr. Milliken the Board's concern, which is that VDoT has identified the need for the interchanges, based upon its own analysis and traffic studies, and its own evaluation of Route 29 and the cross traffic. It was not the County's idea, and it was something that VDoT representatives proposed because it made the most sense from a traffic point of view for the future. He told the group that the problem was the appearance of the difference in the attitude between being an advocate because the statistics in their minds indicate that a bypass is needed and being an advocate for the interchanges because the information showed they should be there. These are complete differences of opinion in the way that VDoT repre- sentatives went about the matter. The impression Ms. Kincheloe had left at the North 29 Business Council meeting was that if enough noise was made by the community, then the interchanges could be abandoned, and it was basically a problem between this Board and the community, and VDoT was uninvolved with it. He thinks he and Mr. Bain communicated the message clearly that this Board expects for the VDoT staff to extend the same enthusiasm for the interchanges, that has been shown for the bypass, as bein9 something that is needed for the community. If the press contacts Mr. Milliken, Mr. Milliken can indicate the proper response. Mr. Bowerman also mentioned that he asked the VDoT representatives about the difficulty of getting information relative to ISTEA funds. They apolo- gized for that and said they were learning about these funds, too, and there was conflicting information coming out of Richmond. They indicated that they were attempting to get on top of the problem and would communicate all of the pertinent information to this Board as soon as it is identified. He stated that VDoT representatives are aware of the problem, and they understand this Board's concern. They also understand this Board's position on its recommen- dation not to include the bypass in the National Highway System, because the question still needs to be resolved, and they need to provide this informa- tion. At some point this question can be revisited and it can be decided whether or not it is in the best interest of the County to include the bypass. The last thing discussed was that Mr. Milliken and Ms. Kincheloe indicated that there may be some primary funds available for the construction of Berkmar Drive, Extended, because of the relationship between Berkmar and its proximity to Route 29. They did not hold out the same hope for any primary funds for Meadow Creek Parkway, however, so this will remain a local problem, at this point. He said that it would be great, if the Berkmar project could be moved up in the schedule and constructed without as much expenditure of County funds. Mr. Roosevelt indicated that he was unsure about the funds for the Berkmar project. Mr. Bowerman explained that Ms. Kincheloe and Mr. Milliken did not indicate that it was likely to happen, but they did see a rationale for the inclusion of primary funds, and they would explore the matter to see if there was any logical way that these funds could be used for the Berkmar project. Mrs. Humphris noted that the County seems to be moving forward on two paths. She said that, first, the citizens have asked that a different terminus be considered for the northern end of the bypass, such as taking it across the River instead of into the Woodbrook area. Secondly, she said that there is also a move to have Berkmar Drive completed to the Sheraton Hotel. She keeps asking if there is room in that corridor for both roads, because they will be parallel roads. She has looked at the area a couple of times, and she does not understand why time and energy is being spent going forward with both of these projects, if it is clear in the beginning that both cannot be done. She reiterated that she keeps asking this question, but she has not gotten an answer. Mr. Bowerman asked Mr. Huff to draft a letter to Secretary Milliken on that issue, as an addendum to the meeting, to bring him up-to-date on the possible conflict of those two concepts. Then this question would officially be on record. He had forgotten to ask this question when he met with Mr. Milliken and Ms. Kincheloe. Mrs. Humphris emphasized that there was no point in going forward with both of these ideas and spending money, if they cannot be done. Next, Mrs. Humphris mentioned that she had received a letter from a gentleman who lives on Georgetown Road in which he discussed all of the action that has been taken there by the County Police Department recently. She stated that Chief Miller and his people have done a wonderful job of trying to M.B. 43, Pg. 340 April 7, 1993 (Regular Day Meeting) (Page 24) train drivers as to the speed limit on Georgetown Road. She added, though, that this gentleman says there are still problems there and one of his main concerns, in addition to the speeding, is that people do not stop for school buses. This gentleman said that he asked for support from the PTO at Greer Elementary School recently, to spearhead an effort to raise school bus safety awareness. She emphasized that this seems to be a problem throughout the County and it is a serious problem. She would like for Board members and staff to study this issue and see if there is something that everybody can do to spearhead a drive to educate people to the legal necessity of stopping for a stopped school bus. The problem has gotten to be an epidemic, and she also noted that people do not pull over for rescue squads or fire vehicles, which presents a life threatening situation. She does not have any ideas now, but she realizes that the County's policemen cannot be out on the road patrolling all of these places. When vehicles can travel on wider faster roads, such as Commonwealth Drive and Georgetown Road, the Supervisors also have to take care of the problems that are created, such as safety for pedestrians, and, most particularly, children. Mr. Bowerman asked if individuals are prosecuted if their license numbers are reported. Mr. Huff responded that a person would be prosecuted if there is an eye witness who could positively identify the driver. Just having the license number is not sufficient. Mr. Bowerman inquired as to what happens to the license numbers which are actually reported. Mr. Huff replied that the owner of the vehicle is identified, and a letter can be written to that person, in some cases, telling him or her that the vehicle was observed breaking the law. The letter can advise as to the punishment for such action, but it is really just an informative educational tool, because there has to be a positive identification for criminal prosecution. Mrs. Humphris stated that the gentleman who wrote her the letter indicat- ed that he has identified some drivers. In one case, Mrs. Humphris said this gentleman discovered that the driver was a lady of foreign nationality who claimed not to know the law, and she was not prosecuted. Mrs. Humphris reported that the second driver this gentleman identified was prosecuted and fined. She then read from the gentleman's letter that, in addition he and his wife have witnessed three more drivers failing to stop for their son's school bus, with the most recent incident happening that particular morning. Mrs. Humphris stated that the gentleman indicated that the woman was driving so fast that he did not have time to get the~license number. The gentleman asked in his letter how a person could fail to see a large, yellow school bus with its lights flashing, but he reported that it has happened six times this year.. This gentleman stated that it has to stop, and Mrs. Humphris agreed. Mr. Marshall indicated that the same thing has happened on Route 20, and he called Chief Miller. A couple of poliCe cruisers have been stationed on Route 20, and it has not stopped the problem, but a lot of tickets are being written. Mr. Huff stated that this situation is like everything else. He said that enforcement is effective for a short period of time, whether it is speeding or school bus safety, etc., but the'long term effect needs to come from the educational process. Secondly, he is going to get some thoughts from Lee Catlin, and through the neighborhood watch contacts, to develop education- al programs for a lot of different things. The problem with stopped school buses lends itself well to an emphasis during school bus safety awareness month. Educational programs will raise the level of consciousness in the community, and it would not just be a one time situation. He added that it should be an ongoing process. -., ........ Mrs. Humphris stated that she believes Mr. Huff's ideas would be helpful. It would be a good project for all of the PTOs, and they could be effective. It could be a group effort spearheaded by the police and related County departments. She noted that PTOs, neighborhood watch groups and everybody related to schools and children could be involved. Mr. Roosevelt informed the Board members that VDoT will be holding a meeting on Tuesday and Wednesday, April 20 and 21, 1993, from 10:00 a.m. to 8:00 p.m., at the Best Western Hotel, to make the community aware of the traffic plans for Route 29 during the project scheduled to be advertised in July. This is to receive recommendations to send to the Transportation Board and to look for input from the public that can be used to modify the plan if good ideas are brought forward. The meeting will be continuous all day. There will be a slide presentation and VDoT staff will be manning stations where people can go and talk about the specifics of the plan relating to their property, or the overall plan. Mrs. Humphris announced that she will be attending a meeting of the Virginia Association of Counties Steering Committee on Health and Human Services in Richmond on June 14, 1993. Committee members have requested that information be forwarded to them by the end of May, if Albemarle County M.B. 43, Pg. 341 April 7, 1993 (Regular Day Meeting) (Page 25) officials have any legislative issues they want the Steering Committee to consider in the area of health and human services. Agenda Item No. 8. Public Hearing on an ordinance to amend and reenact the Albemarle County Code, Chapter 8, Finance and Taxation, Article VII, in Sections 8-26 (4) (5) and 8-27, Real EState Tax Exemptions for Certain Elderly and Handicapped Persons, to. increase the income allowance from $15,000 to $22,000 and to increase the net worth allowance form $65,000 to $75,000. (Advertised in the Daily Progress on March 23 and March 30, 1993.) Mr. Huff explained the proposed ordinance relating to real estate tax exemptions for certain elderly and handicapped persons. This amendment is principally to increase the income level for tax exemption for these persons from the present $15,000 to $22,000, and the combined net worth level from $65,000 to $75,000, exclusive of the house and one acre of land. Mr. Martin said so many people whom he has talked with do not understand this ordinance, because they think if they have a house worth $80,000, that they no longer qualify. This needs to get to the public so that the people can take advantage of this real estate tax exemption and understand how it really works. Mr. Bowerman mentioned that he talked to Mr. Tucker about this issue. It is important that the letter the Finance Department staff sends out indicates the Board is interested in encouraging people who are entitled to these exemptions utilize them, and that it is not something being given grudgingly. This situation should be presented in a positive light so the concerns that Mr. Martin has just raised are reflected in the comments in the letter. The letter should indicate that this exemption does not encumber a person's property, and that the combined net worth level is exclusive of a person's home and one acre of land. Without full utilization of the exemption, it continues to be a problem at the lower end of the economic scale for those certain people who are qualified to use it. At this time Mr. Bowerman opened the public hearing. No one came forward to speak, so the public hearing was closed. Mr. Huff noted that Board approval of this amendment also includes approval to extend the May I deadline to November 1 so that people will have an opportunity to qualify. He said the change in date will be done adminis- tratively, rather than changing the ordinance. Mr. Bowerman asked what tax year is being extended to November 1. Mr. Huff replied that he is referring to the 1993 tax year. At this time, Mr. Martin offered motion, seconded by Mrs. Humphris, to amend and reenact the Albemarle County Code, Chapter 8, Finance and Taxation, Article VII, in Sections 8-26 (4) (5) and 8-27, Real Estate Tax Exemptions for Certain Elderly and Handicapped Persons, to increase the income allowance from $15,000 to $22,000 and to increase the combined net worth allowance from $65,000 to $75,000, exclusive of the value of the house and one acre of land, and to extend the date for the people to take advantage of this program from May 1 to November 1. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. An Ordinance To Amend and Reenact Chapter 8, Finance and Taxation of the Code of Albemarle BE IT ORDAINED by the Board of County Supervisors of Albe- marle County, Virginia, that Chapter 8, Finance and Taxation, Article VIII, known as "Real Estate Tax Exemptions for Certain Elderly and Handicapped Persons, of the Code of Albemarle, is hereby amended and reenacted in Sections 8-23, 8-26,8-27, 8-28 and 8-29, all as follows: ARTICLE VII. REAL ESTATE TAX EXEMPTIONS FOR CERTAIN ELDERLY AND ~IANDICAPPED PERSONS Sec. 8-23. Definitions. Total combined income. Gross income from all sources of the owners of the dwelling residing therein and of the owner's rela- tives living in the dwelling. The following amounts shall be excluded from the calculation of gross income: M.B. 43, Pg. 342 April 7, 1993 (Regular Day Meeting) (Page 26) (i) The first sixty-five hundred dollars ($6500.00) of income from each relative, other than the owner's spouse, residing in the dwelling. (2) The first seventy-five hundred dollars ($7500.00) of income for an owner who is permanently disabled. (3) If a person can prove by clear and convincing evidence that the person's physical or mental health has dete- riorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a'relative move in and provide care for the person, none of the relative's income shall be counted towards the income limit. Sec. 8-26. Same--Eligibility; restrictions. Exemption from real estate taxes permitted hereunder shall be granted subject to the following restrictions and conditions: (4) (5) The total combined income shall not exceed twenty-two thousand dollars ($22,000.00) for the calendar year immediately preceding the taxable year. The net combined financial worth shall not exceed seventy-five thousand dollars ($75,000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. (6) Same. Sec. 8-27. Same--Calculation of amount; limitation. For eligible claimants, the amount of exemption from real estate tax for any taxable year shall be as follows: Amount of Income Percentage of real estate tax to be exempted $0 -- $13,000 $13 001 -- $14,000 $14 $15 $16 $17 $18 $19 $20 $21 001 -- $15,000 001 -- $16,000 001 -- $17,000 ,001 -- $18,000 001 -- $19,000 lO01 ---- $201000 ,001 -- $21,000 001 -- $22,000 .................. 100% .................. 90% .................. 80% .................. 70% .................. 60% .................. 50% .................. 40% .................. 30% .................. 20% .................. 10% Sec. 8-28. Procedure for filing claims. (a) Annually and between February first and May first of each taxable year for which the exemption is claimed, the person claiming the exemption shall file with the director of finance, in such manner as he shall prescribe, and on the forms to be supplied by the county, an affidavit setting forth the names of the related persons occupying the real estate for which the exemption is claimed, their total combined income and their net combined financial worth. If such person is under sixty-five (65) years of age, such form shall have attached thereto a certification by the Social Security Administration, the Department of Veteran Affairs, or the Railroad Retirement Board, or if such person is not eligi- ble for certification by any of these agencies, a sworn affidavit by two (2) medical doctors who are licensed to practice medicine in the Commonwealth or are military officers on active duty who practice medicine with the United States Armed Forces, to the effect that such person is permanently and totally disabled, as defined in Section 8-23. The affidavit of at least one of the doctors shall be based upon a physical examination of the person by such doctor. The affidavit of one of the doctors may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for deter- mining permanent and total disability as defined in section 8-23. A certification pursuant to 42 U.S.C. 423(d) by the Social Securi- M.B. 43, Pg. 343 April 7, 1993 (Regular Day Meeting) (Page 27) ty Administration, so long as the person remains eligible for such social security benefits, shall be deemed to satisfy such defini- tion in Section 8-23. If, after audit and inVestigation, the director of finance determines the claimant to be eligible for the exemption from real estate taxes, he shall certify the claimant's eligibility to the county tax assessor, who shall exonerate the amount of the exemption from the real estate tax liability of those persons entitled to the exemption. (b) Same. (c) Same. Sec. 8-29. Change in status. Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit is filed, and having the effect of exceeding or violating the limitations and conditions provided herein, shall nullify any exemption for the remainder of the current taxable year and the taxable year immediately following; except, that a change in status due to the death of a qualified spouse will result in a prorated exemption for the eligible year. FURTHER ORDAINED that this ordinance shall be effective with the 1993 tax year. Agenda Item No. 9. Public Hearing on an ordinance to amend and reenact the Albemarle County Code, Chapter 12, Motor Vehicles and Traffic, Article VI, to delete the word "public" from the following sentence to make consistent with the Code of Virginia: "It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from public view, on any property zoned for residential or commercial... which is inoperative." (Advertised in the Daily Progress on March 23 and March 30, 1993.) Mr. St. John said the only change is to eliminate the word, "public," from the ordinance because the State Code has been amended to do that. This is an effort to keep inoperable vehicles from view .if they are visible from adjoining property, as well as from public places. Mr. Bowerman asked if there was public comment regarding this proposed change in the Albemarle County Code. No one came forward to speak, so Mr. Bowerman closed the public hearing. At this time, Mr. Bain made a motion to amend and reenact the Albemarle County Code, Chapter 12, Motor Vehicles and Traffic, Article VI, to delete the word "public" from the following sentence: "It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from (public) view, on any property zoned for residential or commercial . which is inoperative." Mr. Martin seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. AN ORDINANCE TO AMEND AND REENACT ARTICLE VI, INOPERABLE VEHICLES of the CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 12.34, Keeping of inoperative motor vehicles; removal, of the Code of Albemarle, be amended and reenacted to read as follows: Sec. 12-34. Keeping of inoperative motor vehicles; removal. It shall be unlawful for any person, firm or corporation to keep, except.within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semi-trailer, as such are defined in Virginia Code Section 46.1-1, which is inoperative. M.B. 43, Pg. 344 April 7, 1993 (Regular Day Meeting) ~ (Page 28) The number of inoperative motor vehicles which any person, firm or corporation may keep outside of a fully enclosed building or structure, but which are shielded or screened from view by covers, shall be limited to two (2). As used in this section an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition; or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are dis- played neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business regularly engaged in business as an automobile dealer, salvage dealer, scrap processor, or public garage, and operated in conformity with the zoning laws of this county. The owners of property zoned for residential or commercial or agricultural purposes shall, at such time or times as the governing body may prescribe, remove therefrom any such inopera- tive motor vehicles, trailers or semi-trailers that are not kept within a fully enclosed building or structure. The governing body or its agent may remove any such inopera- tive motor vehicles, trailers or semi-trailers, whenever the owner of the premises, after reasonable notice, has failed to do so and may dispose of such motor vehicles, trailers or semi-trailers after giving additional notice to the owner of the vehicle; in which case the cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the county, as taxes and levies are collected; and such cost shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs have been made to the county. Disposition of inoperable abandoned vehicles shall be accomplished in accordance with Chapter 12 of Title 46.2 of the Code of Virginia, and any regulations promulgated thereunder by the Virginia Department of Motor Vehicles. The zoning adminis- trator is hereby designated as the official authorized to carry out the provisions of this section, and the county executive, with the approval of the governing body, shall be empowered to enter into such contract or contracts with private persons or agencies, as shall be feasible for carrying out the provisions hereof. (Ord. of 2-7-90) State law reference--Authority of the county to adopt above section, Code of Va. §§ 15.1-11.1, 46.2-1201. Agenda Item No. 10. SP-93-08. Crestar Bank at Forest Lakes. Public Hearing on a request for a six month extension of SP-91-08 to allow construc- tion of 2929 sq ft bank with drive-through fac on 1.072 ac site. Property, znd PD-SC & EC, on E side of Seminole Trail (Rt 29N) approx 250 ft N of Timberwood Blvd. TM46B4,P10. Rivanna District. (Advertised in the Daily Progress on March 23 and March 30, 1993.) Mr. Cilimberg explained that Crestar Bank at Forest Lakes had received a special use permit to allow the construction of a 2929 square foot bank with a drive-through facility on a 1.072 site. This request reflects the same plan which accompanied the first permit when it was granted and the plan is at the stage where it is ready to be signed. The special use permit will expire in June, before the work can get underway, and Crestar Bank officials are asking for a six month extension of that special use permit. Staff recommends that the Board approve this request, because no other condition has developed regarding this permit since the original special use permit was issued. The staff memo indicated that the plan would be signed on April 1, but there was a technicality which needed to be addressed, so the plan will be signed next week at the next site review meeting. Mr. Bowerman opened the public hearing, and no one made any comments, so Mr. Bowerman closed the public hearing. Mr. Marshall moved approval of SP-93-08 to extend SP-91-08 for six months to allow construction of 2929 square feet bank with drive-through facility on 1.072 acre site. Mrs. Humphris seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. M.B. 43, Pg. 345 April 7, 1993 (Regular Day Meeting) (Page 29) Agenda Item No. 10a. Resolution supporting Earth Week. Mr. John Hermsmeier, Program Director of the Tandem Center for the Environment, stated that a recent project involves bringing the community together for a community-wide Earth Week celebration this year. His group is defining the community as all key players who reside within the Thomas Jefferson Planning District, although primarily the activities will take place in the City of Charlottesville and Albemarle County, because that is the scale of the Tandem Center's operation. The Supervisors, representing Albemarle County, are one element which is being requested to give official recognition to Earth Week as a period of time for cooperative environmental education which would occur on an annual basis cooperatively undertaken by the various jurisdictions. Monday night Charlottesville City Council approved this resolution and it will also be taken to the Planning District Commission and the University of Virginia. He showed Board members an Earth Week poster which he had brought to the meeting, that showed ten days of events which are being planned for the area, and he encouraged everyone to attend. Mr. Bain offered motion, seconded by Mrs. Humphris to adopt a resolution supporting Earth Week, which is comprised of Earth Day, celebrated each April 22, along with both weekends surrounding it. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. EARTH WEEK RESOLUTION WHEREAS, the quality of all aspects of life in Central Virginia and around the world depends on a healthy environment; and WHEREAS, the long-term maintenance and restoration of a healthy environment requires the informed participation of every citizen of every age, interest and background; and WHEREAS, informed participation depends on an understanding of environmental of environmental issues acquired through environ- mental education; and WHEREAS, effective environmental education that empowers citizens to act on their knowledge requires the cooperation and talents of government leaders, environmental organizations, businesses, schools, religious institutions and other key players in our community; and WHEREAS, the six jurisdictions that make up the Thomas Jefferson Planning District belong to a Piedmont bioregion com- prised of water, air, wildlife, people and other resources gov- erned by ecological boundaries as well as political boundaries; and WHEREAS, establishing a sustainable planet for our children begins with working together today to sustain the community where we live; NOW, THEREFORE, BE IT RESOLVED that Earth Week, comprised of Earth Day celebrated each April 22 along with both weekends surrounding it, be permanently established in our community as a time for cooperative environmental education that provides us each year with the tools necessary to reach our environmental goals. (Mr. Bowerman left at 11:54 a.m.) Agenda Item No. 11. Report of the Commission on Population Growth and Development. Mr. Cilimberg said he was providin9 Board members primarily with informa- tion, but he also wanted to raise an awareness on some of the particular points proposed in the current language of the Virginia Growth Strategies Act ultimately to be introduced to the General Assembly. He noted that the Supervisors should have received, in addition to his memo, an annual report of the Commission on Population Growth and Development. This same report was delivered to the General Assembly this year, and it summarizes where the Commission is headed, at this point. The staff has not made any particular comments regarding any of the points at this time, because they would like to give the Supervisors an opportunity to review what is proposed. He said that the staff really has two questions to ask. He asked if Board members would like to have one of the Commission members visit and answer questions, after they have reviewed the material. He feels a Commission member would be more qualified to answer questions. Secondly, Mr. Cilimberg asked if the Board M.B. 43, Pg. 346 April 7, 1993 (Regular Day Meeting) (Page 30) wishes to make any comments to the Commission regarding the Act. If so, the Commission is interested in receiving these comments by June 1 of this year. There are some significant new levels of planning which could occur in Virginia at the State level and empowerment to regional, as well as require- ment to local government, that this Board should consider. The Board members may want to make comments. He suggested that, if Board members wish, he could have a Commission member come to Albemarle County to talk about the Virginia Growth Strategies Act which is proposed, and work with Board members on putting together recommendations or comments and getting them to the State by June 1. Mr. Bain noted that Katherine Imhoff, who is Executive Director of the Commission on Population Growth and Development, is willing to come to work with this Board. He asked if it might be more beneficial to have her come, instead of a Commission member. Mr. Cilimberg replied that Ms. Imhoff would be willing to come if the time could fit into her schedule, but she is doing a lot of traveling to different areas. If Ms. Imhoff cannot do it, she feels that there are several Commission members who are capable and just as knowledgeable as she is in terms of what the Act proposes. He will work through Ms. Imhoff in setting up a meeting. Mrs. Humphris suggested that the representative come to the May 1 meeting, because this would give Board members time to formulate questions. Mr. Bain agreed. Mr. Cilimberg said he would keep this schedule in mind, and then the Board could work toward making comments to the Commission by June 1. Mr. Martin commented that the document does not seem to be saying anything of importance. Mr. Bain concurred that it seems to be a neutral document. Mr. Bain stated that he has some concerns which are not neutral. He said that some of the Commission members have some definite ideas that they have given in this document. Mr. Cilimberg mentioned that the Commission members also have a video or slide presentation, and it might be good to have this presentation at the May 1 meeting. Agenda Item No. 12. Discussion: Earth disturbing activities in the Entrance Corridor Overlay District. In Mr. Bowerman's absence, Mr. Bain indicated from the Executive Summary that at the February 17, 1993 Board meeting, staff was requested to provide information on the policy and procedures governing earth disturbing activities in the Entrance Corridor (EC) Overlay District. The report provides back- ground information for the Board's consideration and discussion. .The key points are: 1) both rural and urban zoned land is within the EC District Overlay; and 2) land disturbing activities such as forestry, fill areas and borrow areas are treated differently based on this zoning. Specifically, more restrictive in urban areas; 3) ARB reviews only original site plans and major site plan amendments. Minor site plan amendments are administratively approved but can be referred to the ARB if an applicant requests; and 4) Staff's opinion is that the ordinance and review procedures by staff/ARB are considered adequate to regulate earth disturbing activities in the EC Dis- trict. If the Board decide that all such activities be reviewed by the ARB, staff will prepare amendments for consideration. A more effective alternative to further ARB review is for the Board to consider such issues during the rezoning and special use permit process. That is, those natural areas considered important for preservation should be restricted from disturbance by proffer(s) or condition(s). Staff recommends that the Board retain the current policy and procedures and address specific issues within the existing rezoning and special use permit process. Mr. Ron Keeler, Chief of Planning, said he would like to reassure the Board that administrative approvals do not affect the review by the ARB. He said the ARB relies on its design planner to make a determination as to whether or not a situation would warrant a full review by the ARB. This is already the existing procedure, but he did not think that the memo made it clear. (Mr. Bowerman came back at 12:00 noon.) Mr. Cilimberg stated that he would like to make a comment regarding the Trinity Church grading plan which was the item that brought this matter to the surface. He said the fill dirt which was much greater than was approved will be moved. M.B. 43, Pg. 347 April 7, 1993 (Regular Day Meeting) (Page 31) Mrs. Humphris mentioned that in one place she read the height of the fill dirt was greater than it should be, but it was approved, and another place she read the fill dirt would be back to the proper approved height when the ~roject is completed. She asked if there was a problem with the regulations. Mr. Cilimberg said the special use permit which this Board approved provided for fill on the other side of the Trinity Church. Staff believes this fill dirt will be used for that purpose. Mrs. Humphris asked if this Board should have realized, when the special use permit was approved, that this dirt would be piled that high. Mr. Cilimberg answered, "no." He said the Supervisors were not told that all of the dirt would be moved at one time. Mr. Perkins called attention to Ms. Marcia Joseph's, Design Planner, letter relating to putting back the disturbed natural vegetation involved with the Trinity Church project. He said this is difficult to do many times. Maybe this is not part of the policy, but that is what Ms. Joseph is suggest- ing. Many times it will be difficult to just put back natural vegetation, when there are species available which are so much easier to plant, will grow faster and make a better cover. He thinks vegetation should be planted which will do best on a particular site. He had noticed in the materials with the Comdial application where Ms. Joseph had recommended that White Pines not be planted, and other trees such as American Holly and Leyland Cypress, etc., be used. It seems that White Pines are used so much of the time and they are not always the best choice on many sites. He would hate to see other species restricted and to just plant back what is growing on those sites naturally. Mr. Bowerman thanked Mr. Cilimberg for the report. It was the consensus of the Board to retain the current policy and procedures and address specific issues within the existing rezoning and special use permit process. Agenda Item No. 13. Review of County Ordinances pertaining to hunting regulations. Mr. St. John said he does not think anything can be done about the hunting regulations at this time, because amendments have to be sent to the Game Commission by April 1 in order to be taken into account when next year's game regulations are published. When hunting licenses are purchased, copies of the current game regulations are distributed. Hunting licenses go on the market July 1, 1993, but since amendments are due to the Game Commission by April 1, it would be impossible for anything to be done this year. He went on to explain that an average citizen, who does not study such things, would be confused if he or she purchased a hunting license. He called attention to Section 13-91 which indicates that it is unlawful to possess a loaded shotgun or rifle in a vehicle. This is not part of the confusion, but there are two other sections which are misleading. In one place the ordinance states that it is unlawful to possess a loaded rifle or shotgun on any highway unless the person is authorized to hunt on both sides of that highway. Then the ordinance states that it is unlawful to hunt or attempt to hunt with a firearm within 50 feet of any primary or secondary highway. To the average person this would probably mean that if a person is 51 feet from any primary or secondary highway, he or she can hunt. Also, the average person would believe that if he Or she is permitted to hunt with a firearm 51 feet from the road, this would imply that if game is seen, then that person can shoot the gun. The confusion is that there is a State statute which indicates that it is a violation of that statute to shoot from any public road or within 100 yards of a public road. If the County ordinance is followed exactly, then the State statute is being violated. He went on to say that, at some point, Section 13-11 should be repealed, because it misleads people into violating a State statute. Mr. Perkins suggested that the County ordinance could be changed to be the same as the State statute. Mr. Marshall said he would like to see the County ordinance repealed. Mr. St. John then informed Board members that it is against the State law, no matter what is done with the County ordinance, for a gun to be shot from or within 100 yards of any public road. He then called attention to Section 13-92, and he asked what this section tells the average person. He read that a person cannot possess a loaded rifle or shotgun unless that person has permission to hunt on both sides of the road. He asked if this tells a person that if he or she has permission to hunt on both sides of the road, that person can shoot from that road onto the land where permission was granted. He emphasized that this is a violation of the State Code. Mr. Bain stated that Section 13-92 is not referring to shooting a gun. Mr. St. John responded that the point is that this section does not refer to shooting, but it indicates that a person may possess a loaded rifle or shotgun on a road if permission to hunt has been granted for both sides of the rOad. Mr. Bain said he believes Mr. St. John is indicating that Section 13-92 conflicts with Section 13-91. Mr. St. John replied, "no." He is saying that M.B. 43, Pg. 348 April 7, 1993 (Regular Day Meeting) (Page 32) any ordinance which indicates that a person may possess a loaded gun at a certain spot implies that this gun can be shot from that spot. He asked what good would it do a person to be able to possess a loaded gun on a road, when that person has permission to hunt on both sides of the road, if he or she cannot shoot it. In his opinion, ~this leads the average person to think that if permission has been granted to hunt on both sides of the road, then that person can shoot from that road. The ordinance does not say that the gun can be shot from the road, but he thinks that this is what the average person would assume. Mr. Martin suggested that Mr. St. John draft a resolution to change the ordinance to comply with the State statute. Mr. St. John said he had not wanted to go forward with this document until he had mentioned it to Board members. After he has developed a document, the Board would have to go to public hearing on this issue. Mr. Marshall stated that he would like to see these two sections dropped, and he is not so sure that Section 13-91 should not also be repealed. Mr. St. John explained that the background of this issue is that for years, just before and during hunting season, there have been lots of com- plaints, which address two problems. Spotlighting at night is a serious game violation and an ordinance is not needed to deal with this situation. He said there is a heavy fine for this violation and the person's rifle, Vehicle, etc., are confiscated. The second complaint, according to Mr. St. John, is called road hunting. Even in the daytime people drive up and down roads in vehicles looking over onto posted land, or land on which they have no right to hunt, and they shoot deer. This has enraged landowners so every year the landowners ask for a new ordinance. He has always thought that the County had enough ordinances if they were enforced, if people could be caught violating the ordinances, and if the judges were severe in the punishment. He referred to the earlier discussion relative to educating people as to school bus safety, and he added that he believes severe punishment and write-ups about the punishment in the newspaper is an educational process. Mr. Martin suggested that Mr. St. John, in consultation with Mr. Marshall and Mr. Perkins, draw up a document that would take care of this problem. Mr. Bowerman suggested that Section 13-91 be retained, and the other two sections be repealed. Mr. St. John agreed that, at this time, Mr. Bowerman's suggestion seems to be the right thing to d°. He said, however, that he would like to consult with Mr. Marshall and others, including the Game Warden, before such a decision is reached. Mr. BoWerman stated that this is the appropriate thing to do. He added that Mr. St. John could then come baCk to this Board with a recommendation. Mr. Huff mentioned that Kenny Dove had some concerns relating to the effective date of the changes, and Mr. Huff asked if these changes would take effect next year. Mr. St. John indicated that the changes would be aimed toward next year. He wanted to talk to Mr. Dove about the time limit. Mr. Bowerman commented that he thought the date for making these changes for this year had already been missed~ Mr. St. John said the ordinances should not conflict with the handout that is given to people when hunting licenses are purchased. He would make sure about the timing of the changes, as well as the changes themselves. Agenda Item No. 14a. Appropriation: Student Assistance Program Grant. The summary on this request indicates that the School Board, at its March 8, 1993 meeting approved the Student Assistance Program Grant. The Office of the Governor of the Commonwealth of Virginia, using funds from the U, S. Department of Education Drug-Free Schools and Communities Act of 1986, is funding a Student Assistance Program Grant in the amount of $18,335.21 for Albemarle County Public Schools for the 1992-93 fiscal year. The grant monies will be used to continue the contract with Region Ten for a student program coordinator who will head the current Student Assistance Program at Albemarle High School. Through this grant, the number of contacts with students recommended or identified through the Student Assistance Program will increase and the need for additional student assistance programs throughout the County's public and private schools will be emphasized. Mr. Martin made a motion, seconded by Mrs. Humphris, to adopt the following Resolution of Appropriation for a Student Assistance Program Grant in the amount of $10,335.21. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. FISCAL YEAR: 1992-93 THE NEXT PAGE NUMBER IN THIS BOOK IS 348A M.B. 43, Pg. 348 April 7, 1993 (Regular Day Meeting) (Page 33) NID4BER: 920060 FUND: STUDENTDRUG PURPOSE OF APPROPRIATION: STUDENT AsSIsTANCE PROGRAM GRANT EXPENDITURE COST CFNTER/CATEGORY 1311161311312700 DESCRIPTION AMOLYNT PROF SERVICESCOORDINATOR $10,335.21 TOTAL $10,336.21 REVENUE DESCRIPTION AMOUNT 2311133000330600 STUDENT DRUG~ASST~ PROGRAM TOTAL $10,335.21 $10,335.21 Agenda Item No. 14b. Appropriation: Hepatitis B Inoculation. Mr. Huff said in order to meet the County's adopted plan for bloodborne pathogens a total of $62,280 has been spent or is anticipated to be spent by the end of the year for supplies, inoculations and training related to Hepatitis B. Of this amount, $27,830 is for local government and $34,340 is for the school's share of the program. The school's share is being funded from existing accounts and the local government's share is being transferred from the Board's Contingency Fund. Mr. Martin offered motion, seconded by Mr. Marshall, to adopt the following Resolution of Appropriation in the amount of $30,000, to cover the school system's portion of expenses incurred for training, employee inocula- tion and supplies relative to Hepatitis B. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. FISCAL YEAR: 1992-93 NUMBER: 920061 FUlqD: SCHOOL PI/RPOSE OF APPROPRIATION: TRANSFER TO COVER COST ASSOCIATED WITH HEPATITIS B INOCULATIONS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1210061101221000 1242062140311005 1242062140600405 VRS RETIREMENT EMPLOYEE INOCI/LATIONS INOCULATION SUPPLIES TOTAL $(30,000.00) 22,000.00 8,000.00 $ o.oo Next, Mr. Martin made motion, seconded by Mr. Marshall to adopt the following Resolution of Appropriation in the amount of $27,830, to cover the local government's portion of expenses incurred for training, employee inoculation and supplies relative to Hepatitis B. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. FISCAL YEAR: 1992-93 NUMBER: 920062 FUND: GENERAL PURPOSE OF APPROPRIATION: TRANSFER TO COVER COST ASSOCIATED WITH HEPATITIS B INOCULATIONS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100095000999990 1100012030311000 1100012030311005 1100012030600405 CONTINGENCY FOR BUDGET ADJUSTMENTS ($27,830.00) HEALTH SERVICES-TRAINING 1,925.00 EMPLOYEE INOCULATIONS 21,575.00 INOCULATION SUPPLIES 4,330.00 TOTAL $ 0.00 Agenda Item No. 15. Other Matters Not on the Agenda from the Board. Mr. Huff commented that tonight the Board would be holding public hearings on the FY 1993-94 proposed budget and the proposed real property tax increase. Since this is a reassessment year, the Code of Virginia requires that a public hearing be held to consider input on the tax rate increase which results from a reassessment. M.B. 43, Pg. 349 April 7, 1993 (Regular Day Meeting) (Page 34) Mrs. Humphris asked that staff determine when the Commonwealth Transpor- tation Board is going to take up the issue of which roads are in the National Highway System to make sure Albemarle County's interests are protected. Agenda Item No. 16. Recess. At 12:18 p.m., the Board recessed. Agenda Item No. 17. Reconvene at 7:00 p.m. in the Auditorium. At 7:05 p.m., the Board reconvened in the Auditorium of the County Office Building. All Board members, except Mr. Bain, were present. Mr. Bowerman called the meetingback to order. Agenda Item No. 18. Public Hearing on FY 1993-94 Albemarle County Proposed Budget. (Advertised in the Daily Progress on March 30, 1993.) Mr. Huff said the proposed budget began with the County Executive's recommendation of $96,568,248. During the Board's work sessions, there were several initiatives identified which were not funded in the County Executive's original recommended budget. In the General Government's portion, the additional initiatives totaled $333,083. The School Division identified an additional $790,099 of initiatives, due to both increased revenues and some shifting of expenditure priorities. The proposed budget contains $180,011 for the Board's Contingency Fund making a total of $1,303,193. These initiatives, which are more than the original recommended budget, are to be funded by an increase in the real estate property rate from 72 cents per $100 of assessed value to 73 cents, which brings in an additional $446,610 in tax revenues. There is also a proposal to reduce the personal property tax rate from $4.30 per $100 of assessed value to $4.28 for a decrease in revenues of $90,660. This increase and decrease in real estate and personal property rates repre- sents a net $355,950 in additional revenues. Additional revenues from the State for the School Division in the amount of $45,062 have been identified. In addition, the School Division has requested that it be allowed to carry over $150,000 from the current fiscal year to address some of these initia- tives. The School Division has identified $95,037 as changes in priorities in expenditures. He remarked that the Board of Supervisors' proposed budget totals $97,119,260, which is a 4.92 percent increase over FY 1992/93. Mr. Martin said a lot of people seem to think this Board has something to do with County assessment of property, but it is his understanding that the Board has little to do with assessments. The method by which assessors assess is determined by the State of Virginia and not the Board of Supervisors. At earlier public hearings, there were several suggestions that the Board should limit itself to the cost of inflation, as well as the growth of the people in the County. He went on to say that the County Executive reported figures based on the Board holding its budget to nothing but the cost of living increases and the growth of people in the County. Using these figures, it was determined that the County was actually limiting itself in budget expendi- tures, much more so than if a formula was being used which included nothing but the cost of living and growth. He emphasized that this is a growing County and 300 more students are expected in the schools for this coming year. He noted that 300 students in the schools translates into six buses at $60,000 each, and 70 teachers at $40,000 or $50,000 each so when there is growth, there is a need for more resources. Mr. Martin pointed out earlier today the Supervisors increased the amount which can be used by the handicapped and the elderly as a tax deduction on their real estate property tax. The limit was increased from $15,000 to $22,000 in income, and $75,000 on real estate. He noted that this does not apply to a person's first house or first acre of land. The first house and first acre could be worth $1.0 million, but if a person's income is under $22,000, then that person is still eligible for this tax relief, if he or she is 65 years of age or older or handicapped. Mr. Martin invited the public to travel with the members of this Board to Richmond to complain about the assessments and to try to find other ways of taxing which would be more equitable. He is in favor of lobbying the State legislature to develop a formula which would take into consideration the length of a person's stay in the County, income and age in deciding the tax rate. Mr. Douglas Frame, representing the Albemarle Housing Improvement Program (AHIP), applauded the Board for supporting low income housing rehabil- itation in this budget. He urged the Board's support for the Emergency Repair Worker position which was recommended by County staff. This position would handle emergencies and, in some cases, disastrous housing situations, which are faced by low income people. The backlog is not being reduced, but there is, currently, one person working on these emergency repair needs. He said that emergency repairs to housing left undone today, are major rehabilitations tomorrow, so this is a cost effective way of spending County funds. M.B. 43, Pg. 350 April 7, 1993 (Regular Day Meeting) (Page 35) Mr. Bill Daggett, representing the Albemarle Coalition for Tax Equity, read a prepared statement in which he outlined the problems pertaining to the budget, and asked the Supervisors to publicly acknowledge the problems. He also noted in the statement objectives, criticisms and suggestions, and he asked the people in the audience to raise their hands if they agree with the suggestions. (See statement to the Albemarle County Board of Supervisors from the Albemarle Coalition for Tax Equity, received on April 7, 1993). Ms. Dolly North said she is not a public speaker, but she would like to tell the Supervisors some things which are from her heart. She feels the County government has many of its residents in a "no win" situation, especial- ly the elderly or the less affluent. These people have a choice of paying taxes or just existing and paying for the necessities of life. Higher taxes are a burden on these people. Most people have invested more than just money into their homes. She appreciates the improved police and fire protection, as well as the volunteer fire departments. She knew, at the time she purchased her property, that there was not County sewer service, water service, cable television or trash pickup in her area, and in the 20 years that she has lived in the County, these things remain unchanged. She stated, though, that her taxes have increased 345 percent in the past 20 years. Her salary has not increased that much. She believes in paying for what she gets, but she resents paying for more and receiving less She asked for quality instead of quantity. For the past six years her property has increased in value 46 percent, and when she appealed the assessment, she was told to be glad this was all that the property value had increased, because it should have in- creased 56 to 60 percent. The law of supply and demand may say that her property is worth a certain amount, but she thinks it is a means of forcing her out of her home to establish the "Albemarle County Country Club". She does not want to sell her property. She just wants to live in her home where she raised her family. She noted that governments have practiced this method of management in the past, where taxes were unreasonable and unrealistically increased in an economy such as the County's, and the taxpayers were expected to hand over tax money as the government told them to do. She stated that the taxes kept increasing and increasing and increasing before the eventual foreclosure, but, then, these people were called carpetbaggers. She noted that citizens pay 50 cents of every dollar in taxes that they make i.e., real estate taxes, personal property taxes, utility taxes, vehicular sticker taxes, federal taxes, state taxes, luxury taxes, and increased gas taxes, just to name a few. She remarked that all governments are announcing that they are cutting back, but they continue to raise taxes. In reality, the only people cutting back are the taxpayers in order to pay these higher taxes. The government seems to have run amuck, and the system is absolutely not working. She does not support the increased real estate tax rate, and if the Board votes to increase the rate, she will work to see that the Board members join the unemployed after the next election. Everybody realizes that there are many worthy causes, and they are told by many that they will make things bright and beautiful. She emphasized that this has not happened in the past. She suggested that the Supervisors take the $150,000 in the school carry-over funds and use it to teach the disadvantaged and less gifted children to function in society so they will not become an additional burden on society. She is not against education, and she thinks that academia should be a priority, but it should be looked upon as something that should be enjoyed, as it can be afforded. Along with the "wish list" of the Board of Supervisors, she would also like to have a new car in every garage and a chicken in every pot. In reality the taxpayers are hardly able to buy food. She asked where the County will go from here, and she indiCated that she hopes the County will not go back to the 1800s. If her memory serves her right, in the 1800s there was a dispute about taxation without representation. She added that she hopes there will not have to be a taxpayers' revolt. Mr. Granville Brown asked if the County sets land use standards. Mr. Bowerman replied, "no." He said the State standards are used for land use matters. Mr. Brown continued his remarks by saying that the budget indicates that land use deferral in the County will go from $4,200,000 to $5,400,000. He called the County staff to see if his property qualified for land use, and he was told that it did not, because he did not own enough land. He was told that there was a minimum requirement of five acres in agriculture, and 20 acres in forestry. He looked in the records, and within two-tenths of a mile of his residence, there is a 2.014 acre tract of land that is assessed at $22,100. This particular landowner gets a tax break of $21,700, and pays taxes on a gross of $400. Mr. Brown then pointed out that he owns a two acre lot which is assessed at $32,000, and he pays on $32,000. When he asked about this, he was told that this two acre lot touches a larger parcel of land which qualifies for land use. He commented that the intent of land use is to keep large parcels of land for forestal and agricultural use, but he wondered what is to keep a developer from taking a 100 acre tract of land, and dividing it into two acre lots for future sale, and leaving it attached to a 50 acre lot. He asked if this developer's property would still qualify for land use. He does not have a solution, but he can go through the public record and find these types of discrepancies. When he sees $4,200,000 in last year's budget and a proposed $5,400,000 in next year's budget, he wonders how many of these types of situations are causing this increase. These properties could be discovered and taxes could be collected on this land. M.B. 43, Pg. 351 April 7, 1993 (Regular Day Meeting) (Page 36) Mr. Claude Monger said he has lived in Free Union all of his life. He is present to talk about the tax assessment and the proposed one cent tax increase. Earlier this.month he told this Board that the value of his land and home had increased over 20 percent this past assessment, as it had dOne the previous three assessments. In ten years the value of his home and land will increase over 100 percent, without any added value on his part, simply for the purpose of taxes. He thanked Forrest Marshall and Walter Perkins, for listening to him, but he wonders if the other Board members are listening to the taxpayers. He read an article in The Daily Proqress recently where some of the Board members were rather reluctant to vote for an increase in the tax rate, but felt the needs were so great, they could not say no. He noted that there is a need for the Paramount Theater, the charlottesville Free Clinic, the Child Abuse Program and alsoadditional money for education. He empha- sized that these are good causes, but he asked if the Supervisors had the money for these items. Obviously the answer is "no", but because there is no money, the Supervisors have decided to raise taxes. This seems to be the cure for everything. What bothered him the most was the statement which read that this increase in taxes would only cost the taxpayer another $10 a year, if they have a home valued at $100,000. The assessment on his land went up more than 20 percent, and that alone caused his taxes this coming year to increase more than $164. Now the Supervisors want to add another $10. He thinks this is adding insult to injury. Maybe some of the Board members represent areas where the assessment only increased four or five percent, so this recent assessment may not have affected them as much as the people who live in areas where the assessment increased over 20, 30 or 40 percent. He then asked the Board members to try to spend the taxpayers' money as if it were their own money. If this practice is followed, then the Supervisors will not be giving money to every cause which arises. He has a letter with him which was written to him by Peter Way, a member of the Virginia House of Delegates. Mr. Way, too, is concerned about the high assessments in Albemarle County, and he (Mr. Way) has four ideas which he thinks may help the County in its present situation. First, Mr. Way indicated that the Board of Supervisors should be encouraged to reduce the tax rates. Secondly, Mr. Way suggested that measures be pursued in the General Assembly, such as the Homestead Tax, which would not allow assessments to increase beyond the rate of inflation. Thirdly, Mr. Way suggested that the Board be encouraged to establish an economic development strategy for the County and seek to bring in jobs which pay wages above minimum level. Mr. Monger stated that Mr. Way's fourth recommendation was to continue to oppose tax increases on the State level. Mr. Monger next asked the Supervisors if they will follow the lead of Peter Way. Mr. Monger said he is coming before this Board, not asking for money as others have before him. He is asking for the right and privilege to be able to continue to live and to die in Albemarle County where he was born over 50 years ago. He asked the Board, again, to not tax him out of his home or his heritage. Mr. A1 Francis, a resident of the White Hall District, said he is a blue collar worker and if things continue as they are, in ten years he will have trouble staying in his house. He happens to live in a beautiful part of the County in a nice home. He makes good wages, but that will not keep him from being forced to sell his property. He will not be able to retire in this County. The current taxing situation in Albemarle County is a form of economic discrimination, and it will result in preserving the rural areas for the rich and forcing the working class people into the high growth areas, or out of the County. Over the past ten years, General Government costs have increased 42 percent on a per capita basis, and this is above the cost of living. This is not very efficient for any form of government or company. The proposed Homestead Tax would protect the long term residents, because the new people coming in and paying higher prices for their land would pay more in taxes, since they would pay on the price that they paid for their property. Taxes are inequitable because of the difference in the districts. He called attention to the budget line item entitled, "Other Local Taxes," and he noted that for FY 1993/94 there is an increase shown of less than one-half percent. Last year the amount was shown at 24 percent. Over the past ten years the smallest increase has been 4.5 percent. This looks like creative bookkeeping to him, but he is unsure of the purpose of it. He suggested that perhaps the revenues are being underestimated to create a need for these extra taxes. He asked for a response to his comments on this revenue section of the budget. Mr. Bowerman stated that the Supervisors are not prepared to respond to individual comments at this time, but the Board will make sure that responses are provided. He added, too, that any member of the Board can respond at the end of the public hearing, but he does not think it is appropriate to get into a dialogue with each speaker. Mr. Francis commented that this is the Supervisors' budget, and they are familiar with where the money is being spent. He is surprised that none of the Supervisors have looked at the revenues and questioned the low increase. He repeated that this is creative bookkeeping. Mr. Max Coble stated that he is a member of the Albemarle Coalition for Tax Equity, and he thinks it would help if the budget could be frozen. He could show the Supervisors where money could be saved. For instance, the school bus trips to play golf all summer could be stopped, and he asked the M.B. 43, Pg. 352 April 7, 1993 (Regular Day Meeting) (Page 37) Supervisors if they knew this was happening. He does not need to talk about how much his taxes increased again, because his increase is similar to that of other citizens. He next pointed out that a friend of his has a son at the University of Virginia, and the tuition there is increasing by 12 percent. This friend indicated that he could help the child even more, if his taxes had not increased. Fairfax County replaced most of its government officials last fall. Today Fairfax County officials submitted a balanced budget with a reduction in taxes. He thinks Albemarle County can do the same thing. Mr. Louis Berti commented that Mr. Martin, in his opening remarks, had made a statement that the Supervisors have no control over the appraisal of real estate. He asked Mr. Martin for what is he getting paid. Mr. Bowerman responded that the public has to understand that the State law separates the assessment issue from the political process. The method of assessment is not under any influence by the elected officials. Mr. Berti went on to say that his assessments have increased more than his salary. The Supervisors are not using the money appropriately that the County is getting from all sources. Lottery proceeds were supposed to be used for education and he would like to know where those funds are going. Mr. Woody Jordan, a resident of the Town of Scottsville, indicated that he owns two businesses in the Scottsville area. When he read the article in the newspaper relative to the increases and decreases in the proposed budget, it seemed to him that the integrity of the Board of Supervisors should be questioned, because it looked as though a kindergartner might have put the budget together. He does not think that adults could have developed such a budget to be put before the public. He also noticed in the paper that taxes should be raised because the community needs were great, and he added that he would like to know what community services are being provided to the citizens. He owns a shopping center in Scottsville and a grocery store, and his taxes keep increasing. He finds that when his business starts to decrease, he has to start eliminating things, and he emphasized that he cannot raise his grocery prices to pay higher taxes. He thanked the Supervisors who opposed these budget increases. The Scottsville residents do not get any County services in Scottsville. He personally has to pay $270 a month for trash pickup, and most of the time his dumpster is full, and he cannot put his own trash in it, because other people have filled it. Scottsville citizens do not get police protection. He has caught shoplifters, and he has had threats on his life, and he has called the Police Department. The police would be on the north side of Charlottesville, and they would have to come across the County to Scottsville. It takes 45 minutes to one hour and a half before the police have gotten there, when he called them. He emphasized that he does not know of any County benefits that Scottsville receives. He next discussed the increase in the assessments, and he wondered where this extra money will be spent. He has been struggling with his shopping center for 18 years, and he would love to sell it to anyone who would pay him the assessment price for it. He has 85 acres of land in the adjoining County of Fluvanna, and he pays $160 a year in taxes on that land. This is far less than he has to pay on two acres and a home in Albemarle County. The County needs to start eliminating items instead of adding them. He reiterated that when his business decreases, he has to get rid of employees and cut expenses in every way that he can. Mr. Allen Green said he lives on Rio Road, not too far from The Daily Progress building. He is a retired serviceman and he is living on a fixed income. Within the past two years he has seen taxes increase, and the last assessment came with a 40 percent increase. Government officials act as though, if there is a shortfall, all they have to do with the stroke of a pen, is to drain the taxpayers. He cannot, with the stroke of a pen, write a letter to President Clinton asking him to increase his pay because his taxes have increased. He found out that he has more problems living here than he had anywhere else. He does not understand why there must be a continuous increase in taxes. Even though the Supervisors say they do not have anything to do with the assessments, the taxpayers still have to pay the bill. He thought it was supposed to be a government of the people. The citizens are supposed to have someone to represent them, but they do not elect people to become their masters. He thought the elected representatives were supposed to reflect the citizens' wishes. The people at this meeting are saying that they do not want increases in taxes and assessments, but then they hear a lot of verbal calisthenics indicating that this is not the Supervisors' responsibili- ty, but, instead, it is somebody else's. The Supervisors need to think about the problems that are caused by raising taxes. He has heard all of his life that he needs to tighten his belt, and he asked why the government does not tighten its belt. He added that this is the way he thinks it should be. Mr. Ed Strauss said lives in the western part of the County and he is disappointed that Mr. Bain is not present, because this is an important session. He feels that he (Mr. Strauss) is an important person when it relates to the budget, because the Supervisors are asking for money from him, and he is not asking for money from them. He recalled that Mr. Bowerman had suggested that Mr. Strauss go to budget work sessions. He attended one work session and listened to the tapes of two sessions. In his opinion the meetings show the psychic of the Supervisors, because some of the Supervisors think as regular human beings. He believes it should be an honor to serve in M.B. 43, Pg. 353 April 7, 1993 (RegUlar Day Meeting) (Page 38) a government capacity, but he noted that some Supervisors say things, such as there is a high standard of living in this County. He asked to what does this compare. He asked if this means that he cannot go to Nelson County and live as well as he lives here, or are the Supervisors claiming credit for the University of Virginia, the hospitals and Thomas Jefferson. People can live here as well as they can anywhere else, but that is not a reason to raise taxes. Real estate taxes affect everyone, although personal property taxes do not affect as many people. EveryOne who lives in Albemarle County is affected by the one cent increase in real estate taxes. If people work, have a business or a child, it affects them, and it will cost people more to live in Albemarle County. Whether or not it will raise the standard of living can be argued, but it will cost more to live in the County. He added that spending a dollar now will save a dollar later is something that mothers used to tell their children when they did not want them to ruin their shoes, so that they could take their children to the movies next week. This saying has no basis in reality, and he does not know how the Supervisors think as they do. He looked over the budget and wondered what he would eliminate if he had the opportunity to do so. He could get rid of $115,973, and he would not feel bad about it. He has not seen in the budget the $600,000 for which the County is being sued, and he asked from where this money will come. He explained that there is a legal suit against the Police Department, and someone is going to have to pay for it. He guessed that the money would come from the Contingency Fund, and he asked if there is any blame associated with this suit. He said that the school system would love to have this $600,000. He inquired if anyone had explained to the citizens that the management of the Police Department had humiliated these officers, and now this money has to be paid. The County citizens do not know what happened. He emphasized that he could buy a lot of things with $600,000, and he noted that this money will come from the citizens. He then stated that the Supervisors want to reward the Police Department and hire another traffic officer. He stated that there are more police officers in this County area than anywhere else. The police are not all working for the same people. There are the University police, the County sheriff, the Police Department and the State Police, and they do not talk to each other. They all have their own bosses and command structures, and this duplication is paid for many times over. He inquired if they even like each other, and if there is cooperation. He went on to say that this is stupid, and if he had a business all divisions would share resources. Mr. Strauss said that this budget is totally beyond him. He then referred to the. CAP program, and said this is politics in the highest sense of the word. If the School Board felt this program was needed, it should be incorporated with its other programs. He noted that the School Board did not want the money taken from its budget. The School Board wanted to throw the program in with the rest and let the $35,000 get approved on the sympathy factor. The Teen Center has not even been built yet, and he asked if the Supervisors pay for things in advance. He next mentioned the Paramount Theater, and pointed out that this theater is in the City of Charlottesville. When he was a young man he used to go there, and he paid to get in. If it reopens, the woman is Still going to be there asking him to buy a ticket. He said they do not let people enter for free, and he emphasized that private businesses should not receive money from government. If someone wants to open a theater, then that is fine. He would like to open a business, too, and he asked if the Supervisors will finance it for him. He could develop better figures than the ones for the Paramount Theater. He added that business and schools should represent survival of the fittest. He asked if people want to fund the CAP program or eat. Even he knows that sex education and the CAP program can be combined with the same teachers. This is another bureaucracy, and then there is a cycle of taxes. He maintains that if there was some way he could prove it, the same people who want taxes raised now, will come back ten years later, begging to have them lowered. These people do not want the responsibility of their jobs, their houses, or their children, and they want the Supervisors to educate the children for them. This is not why the Supervisors are here. He thinks every year the Supervisors should develop a State of Albemarle paper by January 31, relating to the state of the County at that time, as well as a list of projects and priorities. The citizens should have time to consider it, as well as work up a budget, if the County officials do not want to do it. The public can do it, and it is not that hard. He concluded his remarks by suggesting that the Supervisors stay out of Richmond. He added that their jobs are here. Mr. Gene Cassidymentioned that when the County officials indicate that personal property taxes will be reduced by two cents and the real estate taxes will be increased by one cent, it sounds good in some respects. People who are paying rent and driving a $15,000 automobile are the ones who are going to benefit. He emphasized that the homeowners will not benefit. He said that Mr. Martin is correct in saying that the Supervisors have no control over the assessments. He then noted that his assessment in five years has gone from $80,000 to $120,000, but he had thought that the Supervisors would reduce the tax rate to offset the assessment. He finds that the Supervisors are increas- ing the tax rate by one cent, and most people's assessments have increased. The tax rate does not need to be increased, because the assessments have increased. He cannot understand this situation, and he reiterated that if the April 7, 1993 (Regular Day Meeting) (Page 39) M.B. 43, Pg. 354 assessments increase, then the tax rates should decrease. He added that the Supervisors have control over this matter. Mr. Donald Hanson, representing the Albemarle Housing Coalition, stated that the Coalition's purpose is to encourage the development of more afford- able housing in the County, both rental, as well as ownership housing. He said the Coalition feels that one of the ways to do this is to support the position of the Housing Coordinator. This position is already in the budget, and this request is just for an extension of that post. The main purpose for having this staff person in the County would be that the position would support itself, if ten units of affordable housing were built, either through one of the nonprofit corporations or through the private sector. The sales taxes and property taxes, even by the old rate, would support that position. The County really needs from 40 to 100 more units. There are over 1,600 families in the County who are paying 40 to 50 percent and more of their income for housing. The Coalition also supports the AHIP programs, and the idea of setting up two committees. One committee would examine the Section 8 program to see if more funds can be brought into the County, and the Housing Overview Committee would look into the problem of affordable housing in the County. He then referred, again, to the Housing Coordinator's position, and said the Coalition feels strongly that it should be placed first in the Planning and Human Development Department. Housing is such a broad based sector that it could be placed almost anywhere because it affects every sector of the community. The reason for placing the Housing Coordinator's position initially in the Planning Department would be because the question of land and land use is where everything begins when housing programs are developed. This placement would be essential to the person in this position in developing projects. He then suggested that, afterwards, the Housing Overview Committee could, in its review of this situation, suggest where the position could eventually be placed. Mr. Michael Webb, a resident of the Samuel Miller District, informed the Board that he is in direct opposition to the tax increase' His friends, relatives, neighbors and associates are all opposed to the tax increase. An additional tax increase places burdens on people who are already taxed financially. He read an interesting article in a business magazine which stated that the economic indicators are showing a slowing in the economy. This deceleration has an adverse effect On the County's economy, because the County is not immune to this slowing in the economy. As the job markets grow smaller and the buying power diminishes, it becomes more difficult to pay a tax increase. It is his feeling that the amount of money infused into a system cannot improve it. It depends on how the funds are allocated, and that makes the difference. For instance, Mr. Webb stated that hundreds of thou- sands of dollars cannot be pumped into a special service with the expectation that it will perform. The funds must be allocated properly. He concluded his remarks by saying that the answer is not in an increase in taxes for the citizens, but, instead, it is in controlled and responsible spending, which only the Supervisors can provide. It is necessary to eliminate wasteful spending and be more conservative and selective in the appropriation of funds. He supports reduced personal property taxes, and he is not in favor of an increase in real estate taxes. He thanked Mr. Martin for his opening state- ments. Mr. Bowerman asked Mr. Webb, when he speaks of a tax reduction, does he mean that he would like for the tax rate to stay at the 72 cents rate, or would he prefer the 69 cents rate. Mr. Webb responded that he is in favor of a reduction of the personal property tax, and he would like to hold the 72 cents rate until further study of the budget. He is not in favor of the one cent tax increase. Mr. Bowerman inquired as to how much of a personal property tax reduction would Mr. Webb think is reasonable. Mr. Webb answered that he is in favor of the Board's proposal. Mr. Marshall stated that he had a meeting with his constituents Friday night, and he told them that the day Mr. Breeden, the Director of Finance, brought the budget figures to this Board, he (Mr. Marshall) had questioned the validity of the assessments. He noted that this is not really an increase in the tax rate, but an increase in assessments. He questioned Mr. Breeden at that time as to how banks appraised property. He stated that the County is controlled by the fair market value as far as the assessors are appraising the real estate, but, in a time of recession, Mr. Marshall questioned how these values could have increased so much. He has, yet, to receive an answer. He thinks the real question that the public is asking is what is the Supervisors' responsibility. The Supervisors hired Mr. Breeden, and Mr. Breeden hired the assessors, so the assessments are the Supervisors' responsibility. He emphasized that they are not the responsibility of the officials in Richmond. Mr. Fisher said he would like to deliver a message from his next door neighbor, Norman Hicks and his wife, Louise. Mr. Hicks is retired, and he is 78 years old. Mr. Hicks just had brain surgery at Martha Jefferson Hospital, and a week later, he had a stroke. Mr. Hicks is recovering from these illnesses, he is on a very limited income, and he is still paying for his house. Mr. Hicks asked him to request the Supervisors to please not raise the tax rate, and force him and his wife to leave their home. Mr. Fisher said M.B. 43, Pg. 355 April 7, 1993 (Regular Day Meeting) (Page 40) that they are lifetime residents of Albemarle County, and they want to stay in their home and die there, and they do not have much longer. He has a letter from the Hicks, and he will deliver it to the Board, in a few days. He then mentioned that Mr. Martin had said something about giving a tax break to the elderlY. He agreed that people who have a limited income have a great need of some type of consideration. He wishes this tax break could be extended to people of any age. It was difficult for him to stand in line at a natural foods store in Charlottesville behind a woman and her husband when they had driven up in a fairly late model Lincoln Continental, and the woman's hands were full of jewelry. These people made a fairly large purchase, and very assertively asked for a senior citizens' discount. By all outward appearances, these people were fairly prosperous. Yet, Mr. Fisher said that he had been laid off from his job a year and a half ago, and it was a job that he had held for ten years. He was making $25,000 to $30,000 a year, and his income was cut in one-half. He still has not recovered from that, and he is trying to rebuild his business. He wonders about the fairness of a system which allows such things to happen, and he wonders why the earnings of people are not considered, rather than worrying about the value of their property and their ability to pay. This is forcing a lot of people into a desperate situation, and it is forcing them to consider the alternatives. One simple alternative would be for the Supervisors to consider not raising the tax rate. If the people have to, they can suggest various things, such as people paying for the services that they get in service areas. He pointed out that the people who live in the rural areas have to pay for their services, and he noted that he provides his own septic and water services, which cost him approximately $5,000. He paid for these services out of his own pocket, and he worked hard and saved his money for them. A lot of people cannot do this. Another option would be to consider the Homestead Tax, which he thinks is a good idea. If this has to be done on the State level, it will be a lot more trouble. Another possibility is to reconsider annexation. This is a subject that most people think is closed, but this is not necessarily true. Annex- ation is an option that he thinks most people do not want to consider. He then said that there is always November 3, and the Supervisors must consider what it means to elect people and what they promise to do. A lot of people are sending a message to the Supervisors to not raise taxes and to lower the taxes, if it is possible. Mr. Martin commented that he had stated earlier the Supervisors had voted to give a tax break to handicapped and elderly people. This is the only tax break, that the Code allows, which discriminates. A tax break cannot be given based on how much a person made last year. He had said that he would like to be able to provide a tax break for more people, but the Supervisors approved the only tax break that the State allows, in terms of one person versus another. He does not think the system is fair, and that is why he has said that he would be willing to do whatever he could to create a formula which would include age, length of residence, ability to pay and income. Mr. Fisher inquired if this is something which has to be done on the State level. Mr. Martin agreed that it would have to be done at the State level, and County officials would have to go to Richmond to make this change Mr. Fisher wondered if the tax rates can be dealt with on the County level. Mr. Martin answered affirmatively. He said this Board can make a decision on whether the tax rate should be set at 72 cents or 73 cents. Mr. Fisher then concluded his remarks by asking the Board to hold the tax rate at 72 cents. Mr. Rush Minter said he is 66 years old, and last year he got a three and one-half percent raise, but his tax increased 18 percent. He does not know how he can continue to live in his home, if the rates continue to rise. The Supervisors say they cannot do anything about the assessments, but they can do something about the tax increase. The taxes are increasing at such a rate, that he is going to have to move out of the County, sooner or later. Mr. Scott Bazzarre remarked that he already mentioned the 33 percent increase and the way the tax increase affects the blue collar worker at the last meeting, so he is going to talk about the way the assessments are increased. He knows the Supervisors imply that Richmond has control over assessments, but the Supervisors are elected to fight for the citizens, and to make sure that everybody is represented. This is true, not only for the people who work for the County or State government who fall into special interest groups, such as teachers, etc., but the average person needs to be represented, also. He then mentioned the increase in assessments for the different districts. He stated that the Jack Jouett District has an average tax assessment increase of 4.9 percent; the Samuel Miller District has an average tax assessment increase of 7.9 percent; the Charlottesville District's average tax assessment increase is at 8.3 percent; the Scottsville District, which has two rates, has an average tax assessment increase for the Town of Scottsville of 14.75 percent, and the tax assessment increase for the Scotts- ville District is 11 percent; the White Hall District has an average tax assessment increase of 15.2 percent; and Rivanna District has an average tax assessment increase of 16.9 percent. This County is not very big, and he does not know how the assessments can increase from 4.9 percent to 16.9 percent, or how the assessors can justify these figures. He knows, however, that the Supervisors can pressure the assessors. He said that from 4.9 percent to 16.9 M.B. 43, Pg. 356 April 7, 1993 (Regular Day Meeting) (Page 41) percent is an incredible range, and it does not show much balance. He empha- sized that he was told that these figures are low. He appreciated Mr. Martin trying to address the situation at the beginning of the meeting, and Mr. Bazzarre said that if everybody will work together, all of this can be resolved. The citizens need the Supervisors to support them, even though he knows it is difficult. He pointed out that the 16.9 percent increase in assessments in the Rivanna District reflects a re-introduction of Keswick to the area. He works in that area, and the building that is being built for the rich people is really nice. It is a Country Club for the super rich, and land must be made available in the area to accommodate these people who can afford these exorbitant prices on super-inflated land. The first people who will be removed will be done in a class cleansing method. It is a subtle thing, but it is true, and it will be pushed forward predominantly through drastically increased assessments. The people who are able to hold on to their property will fall to the County's ability to increase their taxes, which he calls a double edged sword. People deny this lunacy, but more and more people are realizing that this is true. As well as the Scottsville and White Hall districts, the Rivanna District has blacks and blue collar workers whose families have been in the area for years, but this will not last much longer. All the reasons that the Board presents to increase the taxes are arguable, but the fact is that people need a roof over their heads and food in their bellies, before they can do anything else. None of the programs, such as the Gifted Program, will matter if the child is poor and Mom and Dad are moving to another county. This is all common sense. He asked the Board members to think about what he has said, in the context with reality, before the class cleansing is allowed to continue. He is losing hope for Mr. Bain and some of the other Board members. He has in hand an article, which he would not read, but he feels that there is no chance that this Board will hear what the public is saying. The level of cOmfort or the fear of being ridiculed before residents must be too great. He said that Mr. Marshall and Mr. Perkins have already stood behind the citizens, and they have borne a lot of the pressure in the beginning, and he appreciates this fact. He added that Mrs. Humphris and Mr. Martin are the blue collar workers' only hope. He commented that special programs does not mean much to these people. Mr. Charles Wesner said he is a resident of Crozet. He attended the last two meetings, and it does not sound as though the Board members were listening, because Mr. Perkins is the only one who is against this tax increase, as he understands it. He believes the taxes should be limited to cost of living increases. The Supervisors might not have control over the assessments, but they do have control over the tax rates. The tax rates can be set so that the taxes overall will be limited to the cost of living increase each time property is reassessed. He has some specific suggestions as to how the expenses can be reduced, and he added that he is totally against funding volunteer programs. He said these programs start out as volunteer programs, but then they always find a way to get money from the government. He called attention to the General Government's portion of the budget, and he said that the SARA-CAP program could be eliminated. He said that sex educa- tion is not needed in schools from an outside organization. He next asked what is the SHE program. Mr. Bowerman replied that the SHE program is the Shelter for Help and Emergency, which helps battered wives. Mr. Wesner answered that he would agree that this program could get funding from the County, because it is a worthwhile organization. He added that he does not believe that the County should help fund the Teen Center. He said that the Center will mainly be for children from Charlottesville, even though it is a joint program, and he does not think the funding should even be started. He does not believe the Paramount Theater should be funded, because it is a private organization. The people associated with the Paramount Theater are raising money, and the County does not need to help with the funding. Next, Mr. Wesner stated that he thinks the Housing Coordinator's position should be eliminated. Perhaps this position has to be in place in order to get govern- ment funds. He then asked what will the County do with government funds. He remarked that the AHIP program is a worthwhile organization, and he recommend- ed that this program be left in the budget. The AHIP program is a volunteer program, and it is worth the County funding. There is another way that money can be saved, although the Board members may not consider it worthwhile. He is totally opposed to the incentive pay program. This program merely gives a Supervisor a way to show favor to some of his or her employees. He has worked under both types of programs, and he knows every corporation in America is going to start having incentive programs. He emphasized that he thinks the incentive program should be terminated. He pointed out that he is the President of his neighborhood association, and his association gets no County funding. His neighborhood builds and maintains its own roads, and does its own snow removal. His neighborhood has not even gotten the new County road signs. He asked if the E911 program is finished. Mr. Bowerman responded that installing the signs will be the last part of the program. Mr. Wesner remarked that his neighborhood put up its own signs in the beginning, and some of them have been stolen. These signs will not be replaced until it is deter- mined what the County is going to do. 'The citizens in his neighborhood do not know what the County is going to do although they would like to know. Ms. Sarah Reynolds said she is President of the Southern Albemarle Association, which represents the Schuyler area. She added that Mr. Jordan April 7, 1993 (Regular Day Meeting) (Page 42) M.B 43, Pg. 357 talked about the lack of services in Scottsville, and she said that Schuyler does not get these services, either. She and her husband have a small farm where they raise sheep and goats. Secondly, she has been an employee of the Albemarle County school system for six years, and she told Mr. Martin that she would like to be involved in the $40,000 to $50,000 action to which he referred previously, relative to new teachers. Her husband is an Extension Agent, and after last year's budget debate, he must share his time between Albemarle County, Charlottesville and Fluvanna County. She is also President of the Albemarle Education Association, which is a strong, independent, united educator organization, and it is the voice of public education in Albemarle County. The AEA is committed to quality public education for the children in Albemarle County. Pam Starling, President of the Woodbrook Elementary School PTO so aptly stated in her remarks of March 10, 1993, that the proposed budget is a retrenchment budget, and not a baseline budget, and that the County is not maintaining, but it is losing ground. Ms. Reynolds pointed out that Patsy Moore, Chairwoman of the School Board, believes that the amount given to education is not adequate for the needs. Ms. Reynolds then addressed her comments to Mr. Marshall, who she said has indicated that his constituents say that teachers want more money and less work in regard to lowering class size. She also is his constituent, and she has not heard anything from him. Mr. Marshall feels that the number of pupils in the classrooms should be increased versus hiring more teachers. She asked if Mr. Marshall's constituents want their Johnny or their Susie in a class of 30 children, many with special needs, with no support services. She thinks not. If class size is increased, it would counter a School Board priority of having an adult to student ratio of 15 to one, or an average class size of 22 students. She also reminded the Supervisors that they appointed this School Board. Mr. Bain has stated that the educational system has been asked to take care of all of society's problems. She told the Supervisors to think about the following numbers that she was going to report to them. Every eight seconds of the school day, a child drops out of school; every 67 seconds, a teenager has a baby; every seven minutes, a child is arrested for drug abuse; and every 26 seconds, a child runs away from home. She said that 25 percent of the children live in a one parent home. She addressed another comment to Mr. Marshall who she said had indicated that a teacher's job should be to educate the children and not to solve the social ills. She wishes it was that easy. It is hard to teach a child who comes to school hungry, and it is hard to teach a child who comes from an abusive home. Educators have to get through all of the excessive baggage that children bring with them, before they can teach them. Often school is the only safe place that these children have. They know they would not be abused at school; they know there is a warm meal for them; they know that there is encouragement and praise; and they know that there is a routine of people who care for them and will do anything to assure their safety. These are the things that teachers deal with before they can teach the children, and that is why many people went into this profession. The more schools are required to feed children, protect them from drugs and violence and look after their health, the less time and energy teachers have for academics. Mrs. Humphris has stated that the County school system is dealing with the whole child, and this cannot be done with less money. The State Secretary of Education has pledged that education will be the State's top priority, even if it means other priorities in government have to be reordered, in order to address education. She asked if this could also be the top priority of Albemarle County. The AEA feels it is time that this Board addresses education. People move to Albemarle County for many reasons, and one of the top reasons, according to local realtors, is the educational program. Those Board members who favor growth should think seriously of the reasons people move here. This is a community where people can feel safe, and they want to raise their children here. If there are children, then there are educational needs. She asked the Supervisors to not let the County fall behind. She said that Albemarle County has an excellent school system, and the AEA wants it to stay that way. Ms. Elizabeth Baker read a statement from the League of Women Voters in which the League was advocating for safe and affordable housing. (See statement to the Board of Supervisors, from the League of Women Voters, dated April 7, 1993.) Mr. Lecky Stone, an attorney in Charlottesville, stated that he has three children at Greer Elementary School, and he is the Vice President of the PTO. He is also a taxpayer in the County. After numerous discussions with a lot of people, he wanted to do something, which he has not heard much of tonight, and that is to compliment this Board for its efforts to find, frustrating as it may be, another method of taxation, rather than raising real estate taxes. He asked for a show of hands, as to how many people in this auditorium, who are opposed to an increase in real estate taxes, voted against the meals tax. He asked again, if the people who are opposed to raising real estate taxes, voted against the meals tax. Mr. Stone stated that he wanted to make it clear that he is not in favor of government waste, and he would like to find ways to cut the budget, as well as to find ways to develop a fairer tax system. He knows, with regard to the provision of County services, that there are inequities. Maybe it does take the police a long time to get to April 7, 1993 (Regular Day Meeting) (Page 43) M.B. 43, Pg. 358 Scottsville or Schuyler. He lives just outside of the City limits, and when his neighbor had a fire, the City Fire Department responded and got there a lot faster than the County's Fire Department. It seems to him that most of the complaints tonight relate to economic problems, and the increased taxes are putting financial pressure on them. The Board has heard from people with the AHIP program who have talked about housing and others who have discussed the importance of more home ownership and the necessity of economic development for better jobs, better police, better trash services, as well as teachers who are having to do more within the public schools. It seems to him that this Board needs to re-evaluate its priorities, not necessarily for this year, but for the future. The Children of this County are its future, and there is no issue about that. When the pressures which are being put on the County budget are considered, from social services to police ~equirements to court requirements, it is well in excess of 50 percent of the general budget. If anyone in any of these fields are asked about drug problems, social problems or economic problems, there is only one long term answer, and that is education. He does not like to see his real estate taxes increase, and he would like to see this Board develop a fairer way of taxing, even if it means a higher burden for him. If cutting the taxes means cutting the school budget, then he feels that in five years, the budget will be doubled for social services, police protection and fire protection, and the County will really be in trouble. The future has to be considered, and he reiterated that the future is education. Some of these people do not want their taxes increased, and they do not want to be forced out of their homes. However, if these same people were questioned, they would not want their children or their grandchildren forced out of their homes, either, and that means that they want them to be educated. He recalled that a lady who spoke at the beginning of the meeting made a very impassioned plea that she be allowed to stay in her home where she has lived all her life and where she raised her family. He said this person got the benefit of the County's educational program. He emphasized that he wishes the Board could develop a fairer way of taxation, but he asked that the school budget not be cut. He suggested that the Board look at the incentives and unfunded items in the school budget, such as vocational training and higher education training. All of these things mean better jobs, fewer drug problems, fewer crime problems and, ultimately, a better community for everyone. He urged the Board, even at his own expense, as well as that of the Board members and the other citizens, to increase the taxes, if this is necessary for the school system to keep its programs. He was not necessarily in favor of increasing taxes for the purpose of funding the Paramount Theater or some of the other things, although he personally supports some of them. He wants to see the funds go to the school system, and he is willing to pay the higher taxes. Mr. Bob Hoffman stated that he came to address the Board, but he does not know the individual positions of the Board members, because they are quite silent in what they believe at this meeting. For this reason, whatever he says, is addressing what the Board does, and not what each Board member might believe. He would refer to Thomas Jefferson, since a lot of people refer to him, and Mr. Jefferson writes enough from different points of view, that there is something for everyone. This letter was written to James Madison, when Jefferson was in France, and it is dated October 28, 1785. The letter is from a book entitled, The Portable Thomas Jefferson, and he pointed out that "portable" does not mean that Jeffers°n Can be carried around, but the beliefs in this book transcend from one century to another. The first pOrtion of this letter related to property and natural right, and he said that Mr. Jefferson was walking through the countryside in France about 40 miles from Paris and observed that a great deal of the land owned by the gentry was uncultivated and used for "the sake of gain." Jefferson in referring to the great inequali- ty in land ownership went on to say that, "another means silently lessening the inequality of property is to exempt all from taxation below a certain point, and to tax the higher portions of property in a geometrical progression as they rise." He said that Mr. Jefferson further stated that, "Whenever there is in any country uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right. The earth is given as a common stock for man to labor and live on. If, for the encouragement of industry, we allow it to be appropriated, we must take care that other employment be furnished to those excluded from that appropriation." He stated that Mr. Jefferson went on to comment to Mr. Madison about what should be done in the United States. Mr. Jefferson wrote, "It is not too soon to provide by every possible means that as few as possible shall be without a little portion of land. The small landholders are the most precious part of the state." Mr. Hoffman remarked that even in 1785, this problem was recognized. It astounds him that this Board sits here as if this is a new problem, and there is no solution of which they know. There are a few things which he thinks the Board should say to the public. First, Mr. Hoffman indicated that the Board should state that no citizens of Albemarle County should be forced to pay a property tax which would endanger their home or land. The citizens do not hear that, and they do not even hear the belief that this is the basis of which the Board is even thinking. If this pledge came from the Supervisors, it would be a commitment that the Board of Supervisors would find an equitable M.B. 43, Pg. 359 April 7, 1993 (Regular Day Meeting) (Page 44) solution to the problem they have created. The Board of Supervisors, whether it is this group of people or the previous Board, had this problem, as well as the Board before that. No one takes any courage to act on something which has existed for a very long time. He then addressed a few comments made by Board members about what the Board could do. It is incredible to think that these Board members sit here and say that they do not have anything to do with assessments. He did a lot of questioning of the person who assessed his land, although he does not have any complaints about it. He listened carefully to what that person said, as well as to the testimony at this meeting. When someone asks for a reassessment, and they are told that it can be reduced by five or ten percent, that indicates that the original criteria for assessment has a lot of areas which are unclear, which this Board can challenge, because it is an unfair practice to its citizens. A person does not receive a bill without a clear explanation of what that bill is for and the basis of that bill. If a person tries to get an answer from the people who do the assess- ments, it is found that there is a lot of art, and very little science or criteria, as to how the land, the house site and the house are being assessed. It is wrong for this Board to indicate that this is out of their hands, because the assessors, with their criteria, are in error. The Board has a right to challenge assessments, because it affects the citizens of this County. An error has been made when the tax assessor can say that the assessment should have been five percent higher, but he made it five percent lower. He asked from where does this authority come. He also inquired as to whose authority allows the assessor, after reassessment, to lower the assess- ment by ten percent. He asked what is the basis for this. If assessments are this flexible, then all properties could be reduced down to the last assess- ment, or even more. This Board has the duty to examine how and whether the assessment is constant and thorough and consistent to all people in the County. If the State officials are wrong, then County officials should take them to task. All of a sudden the Board members are saying that they have to go to the State for relief, as if this was a new problem. The Board members knew that this problem would occur, and they knew that they could have told the citizens that they would have to go to Richmond a long time ago. This was a failure by the Board members, and there are a lot of things that they can do. One thing that the Supervisors need to do is to examine the unclear areas of assessment and demand that the law be held back to the previous level until they are sure the assessments are fair. This would mean that the tax assess- ment would go back to where it was, until this Board has made its examination. Mr. Bowerman asked if Mr. Hoffman is suggesting the tax rate should be left at 69 cents or 72 cents. Mr. Hoffman responded that he is not talking about the tax rate. He is referring to the assessment situation. Mr. Bowerman replied that he is trying to understand to which rate Mr. Hoffman is referring, because Mr. Hoffman asked the Supervisors to hold the tax rates as they were. Mr. Hoffman answered that he was speaking about the value of things at the last assessment. He said this would be a minimum figure, and he suggested that the Board could go back even further than the last assessment. He also believes that whether or not something is easy or hard to do, it is incumbent upon this Board to do it, to save people from losing their property. He added that anyone whose assessment has increased more than five percent could be reassessed automatically. This reassessment could take a long time, and until it is finished, the person should only be liable for the five percent. The Supervisors have the right to do that, or they should fight for the right to do that. He then mentioned that the Supervisors talk about incentives for people or industries to come to this area, but he never hears of an incentive to keep the workers in the area. If the Supervisors have the right to give incentives to industry, then perhaps they have the right to give incentives to people, who have not only lived here, but they are the only ones who have made it possible for the Supervisors to be sitting on this Board. The Supervisors are sitting on the work of the average person. The tax rate could be adjusted to make sure that there is not a tax increase. The Supervisors may have to change the budget, but they have the right to do that. The tax rate could be scaled based on income. The County could lend money to the taxpayers for the amount due until new laws are enacted. The money could be collected, and rented back to the citizens. When the new lawis enacted, the debt could be forgiven. This is done by many countries, states and governments all the time. He asked that the Supervisors be creative and find a way to make changes. He suggested that perhaps money could be invested in citizens through some kind of subsidy. In any event, the Supervisors cannot and should not tax a person off their land or threaten them with eventually forcing them off their land. The budget would have to be reduced, if the Supervisors cannot think of anything else to do, or the tax rate could be reduced, so there is no oppression on the people who have been in the County all their lives. He is sure the Supervisors know that the problem of taxing people off their land is not new, and he reiterated that the Supervisors knew this problem was coming. The Supervisors knew the crisis would arise with the current assessment, long before these hearings began. The Supervisors also knew that people would be devastated by this current increase. He emphasized that the worst part for most people, is to know that the Supervisors know what is right, but they did not act in the citizens' behalf. The Supervisors took M.B. 43, Pg. 360 April 7, 1993 (Regular Day Meeting) (Page 45) no steps to avoid this injustice, and it is no wonder that the people are expressing their anger. The people have been betrayed, and there is no other word to describe people who know the right thing to do, but they do not act. He supposes that in light of the Supervisors' actions and the sentiment expressed at these meetings, this could be considered the beginning of a citizens' movement to replace the Albemarle County Board of Supervisors. The Supervisors can remedy this situation. Mr. Martin and Mrs. Humphris indicated that they wanted to respond to some of these comments, but Mr. Bowerman remarked that the problem with creating a dialogue with a large number of people is that there cannot be a one on one communication. He stated that there have been things said tonight which are untrue, and he said that his phone is available to anyone who wishes to call. He emphasized that he will talk to anyone. The Board is here to listen to the public. Mr. Charles Abbey stated that he would like for each member of the Board to stand and tell the public whether or not they are for or against the tax rate increase. Mr. Bowerman answered that, at the end of the public hearings, the Board members always do that. Mr. Abbey wondered if Mr. Bowerman is saying that the public will know how each Board member stands, before this night is over. Mr. Bowerman replied that the Supervisors will tell the public how they stand, to the extent that they now know. Mr. Martin commented that he knows Mr. Bowerman is the Chairman of the Board of Supervisors, but he (Mr. Martin) feels that he has to say this. He works 40 hours a week, and he wanted to run for and win this position. He was elected to represent the people, and he is glad that he was elected. He does not mind standing up and taking criticism for those things that he has done, and he does not mind standing up and taking criticism for those things that he could do something about and did not. He added that it hurts to sit here and listen to criticism for something about which he can do nothing. He reiterat- ed that the Supervisors do not have any say over how property is assessed, and to do so would be illegal. He said that this is no different than if Bill Clinton called up the Chief Justice and said that he wanted to talk about a case. He emphasized that this would also be illegal. He next referred to Mr. Hoffman's comments that the Supervisors knew that all of these problems were coming. He noted that the Supervisors have been going to the legislators, ever since he has been on this Board, as well as before that time, about the particular situations that the State controls. The Supervisors have lost the battle each year, but each year, if the votes are considered, the Supervisors have gotten a little closer to winning the battle and having a say in these matters. He reiterated that he does not mind being criticized for what he has done, but he cannot sit here and take criticism from people who indicate that he has done nothing, when he has done everything possible. (Someone from the audience, who was not at the microphone, stated that the Supervisors do not have to worry about the State. He said that Mr. Martin and the other Supervisors could indicate tonight that they would approve a certain tax rate and vote on it.) Mr. Martin responded that this Board needs to listen to everybody who comes to speak. The people would be upset if they had come here tonight and sat for two hours, and the Supervisors made up their minds at 9:00 p.m. what they were going to do, when half of the people have not spoken. Mr. Martin told the people, who wished to talk to him further, to call him. He said that he has a work number and a home number, and he will talk to everyone, individually. Ms. Ruth Ann Brown, representing the CACY Commission, thanked the Board for its support toward the Teen Center, and she called attention to the fact that she had heard some negative comments about the Center tonight. She stated that interviews are now being held for a Director of the Teen Center. The site is a critical part of the plan, and a search is now being conducted, for an appropriate site. The City has agreed to fund the Director's salary and some of the off-site expenses. A lot of people have been working on getting services and supplies to help with expenses, so the request will not be as much as they had thought it would be, originally. When a suitable site is found, she will return to this Board with this information. She commented that the Teen Center will be used by the area's teens, and it will be a good prevention method. The Center will give teens a place of their own, which should help to keep them out of trouble, which is something that is necessary. She appreciates the Board's recognition that prevention is more cost effective than correction, later. Her work in the Teen Center has been a positive experience, and it has been a model for further cooperation between the City and the County. It is hoped that this momentum can carry over to other projects, and she thanked the City and County staffs for their help on this project. Mr. Gordon Scherar, who lives in Mill Creek, inquired if the Board members realized that the budget figure in the newspaper article was incorrect by $1.0 million, although that is not what he came here to discuss. The error was in the education section of the budget for FY 1992/93 and FY 1993/94. There are three things with which he is familiar. He is familiar with educa- tion, because he was a principal of a school for seven and one-half years, and M.B. 43, Pg. 361 April 7, 1993 (:Regular Day Meeting) (Page 46) his son is superintendent of six high schools. Secondly, he is familiar with the human development section of the budget, because he is involved in human development, and he is active in the Salvation Army in Charlottesville. This section was raised $400,000. Thirdly, he has a background in recreation, because he served for ten years in the Los Angeles Department of Recreation and Parks. The Supervisors have to listen to the citizens' side, which he admitted is now his side, since he is a 67 year old senior citizen, living on social security. He is sure, since the Supervisors are elected officials, that sometimes it is hard to know who they are really supposed to be serving. At times he is sure the Supervisors have to serve both parties, and he thinks this is probably how it should be. As he looks at the budget,~and how it increased, he asks himself if the County can afford it. He drives a 1980 Buick, and he gets by with it, because he cannot afford anything better, or he has other priorities. If he wants to paint the house this year, he might have to decide whether to do that, or take a trip to Alaska. He emphasized that there are priorities. It seems to him the most difficult thing that has to be faced, is that when people come to the Supervisors with requests, their requests and needs are unending. The Supervisors will never satisfy them all, so they have to make a decision as to their priorities and what the County can afford. The Charlottesville area has had several bankrupt department stores, which indicates that the community has problems in certain areas. The newspaper indicates that certain companies are laying people off, and the economic situation is not very good. He was at the Salvation Army volunteer banquet the other evening, and Captain Smith told the group that the income for the past year, because of the economic situation, was not as fruitful as it had been in past years. Captain Smith stated, however, that the Salvation Army organization would have to tighten its belt and do as good or better job with less than what it had done before. Mr. Scherar emphasized that this is what he does at home. This has to be done if the economic situation, nation- ally and locally, is not as good as it should be, and if assessments on people's homes have increased. As a senior citizen in Mill Creek Subdivision, his assessment has gone up approximately 30 percent in four and one-half years. There have been remarks tonight about the need for more school teachers and buses, etc. He pointed out that also in this area there have been 400 more homes built in the that two Mill Creek additiOns and the condominiums, which also means there has been considerable more income for the County. He then mentioned the recre- ation section of the budget, and he noted that the Recreation Department asked for $51,000 more money. He repeated that he has worked in recreation, and he knows the needs, but when the economy does not warrant it, then it seems to him that this is a poor time to ~aise $51,000 more for Parks and Recreation. He might agree with the increase, if it was for a golf course for senior citi- zens, and he pointed out that there is nothing such as this for senior citizens in the County. He next talked about the Human Development section of the budget, and he said that this Department's budget was increased $400,000. He mentioned the number of different organizations asking for money. He reiterated that he is deeply involved in human development with his work with the Salvation Army, which does a tremendous job, He would be very interested in seeing if these organizations could raise funds of their own and have responsible people as a part of their organization. He pointed out that a much better organization will come out of this practice, and the organizations could at least do what they can for themselves. He noted that the Salvation Army is not listed for any funds and Love, Inc. is not shown, either. He added that these organizations are doing tremendous work, and they raise a tremendous amount of money, because interested people are in these organiza- tions. If a project is worth the money, then people need to be found who will be willing to help, even though they might not be able to do it all. He repeated that the Human Development Department is requesting a $400,000 increase, within a $4.0 million budget. The organizations should raise this money on their own for their sakes, and they will be stronger. Next, he talked about the school system's budget. Me recalled that because he was a principal, he knows the teachers' side, the School Board's side and the parents' side. He also mentioned that his wife was principal of a school, at one time. He noted that 67 percent of the County's money goes to the school system, so this is a key issue, because it is where most of the money goes. The school system wants to increase its budget by $2,500,000 this year. He was impressed with The Daily Proqress' report on private schools which are operating in the Charlottesville area. It is amazing that there are lots of parents spending $6,000 and $7,000 to send their child to a private school, and driving their child both ways. He asked himself why are the parents doing this. He added, too, that home schooling has become more and more prominent. The County Supervisors can keep pouring money after money into the school system, but in his experience, there is something more important than that. He asked why are the private schools doing so well. It is because the private schools have innovative programs, innovative teachers, and the programs do not cost them a dime. It is the teachers who are excited about helping these youth in a certain way. He does not believe that adding more and more money is the answer. The private school teachers should be contacted to see what excites these children and what makes these parents do all that they do for their children. These parents still pay their taxes. If he was a supervisor, he sure would want to look into that M.B. 43, Pg. 362 April 7, 1993 (Regular Day Meeting) (Page 47) situation. People do not often like to hear what somebody else did, and people talk about a smaller class size, etc. He was brought up in the Depression, and he went to an old school where there were four classes in one room. If one student was better in a subject than someone else, then that student helped the other one. The school teachers there taught reading, writing, arithmetic and a fourth "R." The fourth "R" was respect. The parents were behind the teachers and the School Board. When he was principal of an elementary school, he taught the teachers one thing, which was that if 'people could not read, then they could not do anything. If students go to school for six years, and do not learn to do anything but read and read well, then they will be good students later in life. He went to Ohio State in the beginning, and the man in admissions said that he wished there were more students like him. He answered the man by saying that all he knew was reading, writing and arithmetic. He took his English exam, and he did not even have to finish taking English, because his grade was so good. He got a scholarship in his junior year for having the highest grades. He emphasized that for education, money is important, but it is not the final answer. It is innovative teachers who will inspire these youth and dedicate them. If the teachers are not there for that, then they are there for the wrong thing. He thanked the Supervisors for the opportunity to share his experiences with them. (Mr. Bowerman left at 9:10 p.m. and returned at 9:11 p.m.) Mr. George Bailey, former Albemarle County Sheriff, stated that he lives in the Ivy District. He knows the Supervisors are in a tax and spend mode, and it is hard to get out of it. This situation has been going on for several years, and he knows that the Supervisors are having a hard time. He supports the $67.0 million that is included in the budget for the school system, and with that kind of money, Albemarle County should have the best system in the State. Sometimes the management has to be questioned. He recalled that one person had stated tonight that school buses are running in the summer time to take children to play golf. He does not know if this is true, but if it is, then the Supervisors need to stop it at the next School Board meeting. The Supervisors have the authority to do that. He mentioned that three or four years ago, he took a couple of people to Wintergreen for dinner for a special occasion. They had dinner, and his bill was between $120 to $140. This was a nice occasion for him because he had the chance to see about 25 or 30 Albe- marle County school employees, and he had a chance to talk to one of them. He thinks that at least one of the Supervisors was at Wintergreen on that occasion. He asked the employee what they were doing there, and he replied that the school system was having a retreat for two or three days. Mr. Bailey said that he does not remember going to a retreat when he worked for the County. This is serious business. Me does not know if there were two or three days involved, but the employees spend the night and discuss school problems. He is sure that the bill had to be between $5,000 to $10,000, if it was similar to his bill. Meetings such as this, at this time when people are having a hard time, should be eliminated, and it is the Supervisors' job to do it. The money for such meetings has to be somewhere in the budget, but he cannot find it. This money could go for additional teachers' salaries or teacher assistants. It should not be spent at Wintergreen. He has seen meetings of the County School Board and school personnel at the Omni, as well as meetings involving the Supervisors. He does not know for sure, but he believes that the taxpayers are picking up the tab. He emphasized that this has to be eliminated. He next mentioned the DARE program where a police officer goes into a school and tells the children to say "no" to drugs. The Supervisors are going to have to say "no" to these special interest groups who keep coming before this Board. He heard Mr. Bowerman tonight on television, and he thinks Mr. Bowerman is a good Chairman. Mr. Bowerman has indicated that the people in his district are demanding more services. He told Mr. Bowerman that he should see that his constituents get more services, since they already have water and sewer service. Mr. Bowerman responded that people keep mentioning this situation, but these services are paid for individually by two different authorities, and it is not something that the government pays. Mr. Bailey then remarked that he was in law enforcement for 33 years in the County, and he would guess that 50 percent of his work was in the urban ring, because that is where most of the police protection takes place. The newspaper indicates that the Crozet residents want more street lights, and they want a Police Department substation. The Supervisors ought to see that these residents get these services, but they should also ask if the residents are willing to pay for them. State law allows the County to have taxing districts. He mentioned that he lives six miles from the University, so he does not get any of these services. If people get water, sewer, street lights, and fire plugs, which amounts to less money for their fire insurance, etc., then they should have a different taxing district. Me suggested the Supervisors take a look at this situation, and he reiterated that this is something the State law allows. He noted that Mr. Perkins lives in the White Hall District. Mr. Bailey went on to say that he (Mr. Bailey) is a native of Albemarle County, and except for two years during the Korean War, he has lived in the County all of his life. He added that one cent more in taxes is not going to put him out in M.B. 43, Pg. 363 April 7, 1993 (Regular Day Meeting) (Page 48) the street. He is bitterly opposed to the increase. He emphasized that he will be able to live in the County the remainder of his life, but the taxes keep increasing, and he added that he has been a real estate taxpayer for 45 years in Albemarle County. He recalled that 25 or 30 years ago, there was a Crozet Sanitary District, and another such district at Scottsville. He believes the taxes in those districts amounted to ten cents more for Crozet and a nickel more for Scottsville. The County could have the same situation. If the people want the services, they should be willing to pay for them. He reiterated that he lives six or seven miles from the University of Virginia. There was a snow storm last month, and he and his brother have tractors. He said that Saturday, Sunday and Monday he and his brother used their tractors to clear the middle of their road, which is Route 676. The Highway Department never got to this road until 6:00 p.m. on Monday night. He came into Char- lottesville on Sunday afternoon at 3:00 p.m., and there was not any snow on Route 250, and, in fact, that road was dry. He met two highway trucks driving up and down on Route 250. He gives all the credit to the people who drive the trucks, because they do a good job. When he came home at 6:00 p.m., he saw the same two trucks backed into the Greencroft entrance, one behind the other, with the motors running. When he got to Route 678, and tried to go up the hill, that road had never been cleared. He made it up the hill because he has a heavy duty vehicle. He reiterated that 6:00 p.m. on Monday evening was the first time Route 676 was cleared, except for what he had done with his own tractor. He is not asking for more services, and he is satisfied with what he has. He mentioned that the people who live along Route 676 cut the trees out of the road, so that if there is a problem, emergency vehicles could get through. There are two subdivisions on that road, Hearthwood and Glenaire, and there are approximately four or five hundred people living there. He told Board members that he sawed some of the trees off with his power saw, and the tree trunks are still sticking out in the road a month later. If two cars meet on that road, they have to stop. He repeated that he is not asking for more services, however, he is asking that the Supervisors say no to the one cent increase in taxes. It is the principle of the situation, because when there is $5.0 million more in the budget than last year, the Supervisors should be able to say that they can make it with this amount of money. He pointed out that every year the budget is a little bit more, and next year, due to reassessments and new buildings, there will probably be even more money available. The person who assesses the property has to adhere to State law, and he accepts what the assessor has done. Me thinks the person who assessed his property did a great job, although his assessment went up three percent. His property had already reached a peak a couple of years ago, and it could not increase any further. He emphasized that he is satisfied with his assessment. He thanked the Supervisors for their time, and he said he hopes they have not made up their minds to increase the real estate taxes. Mr. Charles Abbey, stated that he appreciates the opportunity to speak his mind, and he noted that the Supervisors have already heard a lot of the other people's comments. He remarked that the Albemarle/Charlottesville area has become quite a retirement community. He suggested that if there are other people in the County with experiences such as George Bailey, then perhaps the Supervisors should try to get some of this past experience to help in these situations, instead of paying $45,000, $50,000 or $60,000 for an administra- tor. It sounds as though Mr. Bailey knows what he is talking about, when he refers to the school system. Mr. Abbey then stated that he thinks the whole night is based on honesty, and honesty takes integrity, and integrity takes fortitude and courage. Last year the school budget was $59.0 million, and he thinks that this is a lot of money. If $59.0 million is not educating the children of Albe- marle County, then maybe something is wrong, and the school officials should not ask for another $10.0 million. He asked, again, if the Supervisors would stand up and tell the people in this room if they, personally, want to raise the taxes. It is hard to get the truth, sometimes, but he thinks the people have the right to know. He reiterated that he would like to know all of the Board members' positions. He also has a question about how the budget is developed, because he has a home and he has to have a personal budget. When he prepares a budget, he knows before hand how much money he has with which to work, and he does not just decide what he wants and how much he will pay for it. He cannot do that, because he has to figure out at the beginning of the year the amount of money that he has to spend, and he has to know what he can do with that money. He has a suspicion that this is not how the County officials do it, because in the County, the Supervisors hear what everybody wants, and then they figure out how they are going to pay for it. He does not understand this way of life. He addressed Mr. Martin's comment that Richmond is at fault, as far as the assessments are concerned, and he agreed that this may be true. He stated that all Mr. Martin has to do is ask the fellow members of the Board to vote on a decrease in the tax rate. This is all it takes, and Mr. Martin can say that he has had enough, and he is going to show fortitude. He went on to say that Mr. Martin can inform the other Board members that he is hearing the people, and that he would like to decrease the taxes, and it is time to vote M.B. 43, Pg. 364 April 7, 1993 (Regular Day Meeting) (Page 49) on the issue. If the vote does not pass, then Mr. Martin does not have to wait for results from Richmond. Mr. Martin would have tried his best. Mr. Abbey commented that this is all it takes, as he sees it, but he may be wrong. He asked why cannot there be a County ordinance or a referendum that taxes cannot be raised, unless the citizens ask that their taxes be raised. This is the American way. He mentioned that the Supervisors are hearing all of the complaints and concerns, and he does not understand why they do not vote to have a referendum. If the people ask for more taxes, then there will be more taxes, because the Supervisors are supposed to be serving the people. He added that if the people say no to increased taxes, then the Supervisors have to tell the people who want more money, that the citizens do not want to raise taxes. It is not that difficult. It is as though the local, state and federal governments are competing with each other. If there is only a certain amount of money, then the Supervisors must develop priorities. If there is not enough money for a certain projeCt, then it would not get done, and the people who are asking for the money should be told that the County cannot afford it. He knows the Board members have a rough job, and he knows they take a lot of abuse. He does not know how to get around that, but he hears all of the people at this meeting saying that they just want to be heard. Someone else might ask what all of the people who are not at the meeting might want. He thinks that if the people do not attend the budget hearing, then they do not care. Most of the people are a lot older than he is, and they have worked all of their lives. One speaker, with whom he was most impressed, had gone through the Depression, and he learned reading, writing and arithme- tic in a small, country school. It is people such as this who made this country so great. He wants his children to have a good education, but he is not satisfied that the County is doing the right thing. He reiterated that $59.0 million is a lot of money, and he asked what is the school system doing with it. If the school system officials prove that they are using this money wisely, but more money is needed, then he believes most people would pay it, but they have to be shown first. Mr. George Hammill, from the Scottsville District, stated that he works for VDoT. He said that Mr. Bailey has already insulted him because of what he said about VDoT, but the Supervisors have been insulted a lot tonight, too. He imagines that when Mr. Bailey was the County Sheriff, he was probably treated in the same manner. Mr. Hammill went on to say that during the last snow, there were trees in the road, and the roads were blocked by snow. The VDoT people worked day and night, and some of the employees worked 36 to 48 hours, but they got the job done. His main concern relates to taxes, and he would like to see a fair tax. He does not mind the taxes increasing if it is necessary, because everybody has to go to SChoOl. He reared tw© Children, and the County paid for them to go to school. He only had two children because that was all he could afford. He referred to Mr. Martin's comment that the Supervisors do not have anything to do With the assessments. He asked if the Supervisors have anything to do with the money which comes from the high assessments. Mr. Martin answered, "yes." He said he is willing to take the responsibility for that. Mr. Hammill then inquired as to how the Supervisors know how much to increase taxes, since they do not have anything to do with the assessments. Mr. Bowerman stated that he needed to make a clarification. He said the Supervisors have the authority to set tax rates, and there is no question about that. The Supervisors have tried to explain the equity of the only way available to raise revenue. He emphasized that the real estate and personal property tax rates are set by this Board, and this is not in question. The Supervisors are responsible for the amount of money extracted from the citizens of Albemarle County to pay for the services received by those citizens. Mr. Martin explained, however, that this Board has no control over whether a person's assessment is 15 percent versus three percent. Mr. Hammill responded that the Scottsville District's tax assessments increased approximately 12 percent. He brought papers to this meeting which show that his assessment increased 77 percent. He stated the amounts that he has paid in the past and the present assessments. Mr. Bowerman told Mr. Hammill that he is sure there are individua! cases which had as much of an increase in their assessments as he (Mr. Hammill) did. Mr. Hammill stated that he has 14 acres of land, and it is assessed at $95,000. He bought it three years ago, and, at that time, it was assessed at $28,500. He asked where all of this money is going. He has a $100,000 home, and he is going to have to pay $10 extra a year for it, if the tax rate increases by one cent. He reiterated that he would like to know where the extra money that he is spending for taxes is going, because the budget is only increasing by five percent, but his taxes increased 77 percent. Mr. Bowerman replied that the valuations of real estate increased to the extent that there is approximately $4.5 million more available to spend from the County budget from all sources. This amount includes the reappraisal of property. The increase that Mr. Hammill will pay is included in the reap- praisal of the land, overall. Mr. Hammill then wondered why The Daily Proqress reported that everybody's taxes will increase $10. Mr. Bowerman answered that if the average price of a home is $100,000, one penny on a $100,000 home equates to $10 a year. He noted that for most people it is more M.B. 43, Pg. 365 April 7, 1993 (Regular Day Meeting) (Page 50) or less than that. Mr. Hammill next said that he cannot understand why people's taxes have to increase so much, when there is only a five Percent increase in the budget. He wondered why the taxes could not be increased by five percent for everybody, instead of putting all of the burden on a few people. He asked if the Supervisors could do that. Mr. Bowerman replied that this cannot be done. Mr. Hammill asked if Mr. Bowerman thinks his tax increase of 77 percent is fair. Mr. Bowerman responded that he cannot say. He asked if Mr. Hammill had made an appeal to the Equalization Board. Mr. Hammill said he talked to someone, but he had not received an answer, but he emphasized that he will appeal to the Equalization Board. Mr. Bowerman told Mr. Hammill that he should try to get an answer quickly. Mr. Hammill'stated that he Cannot go to the Equalization Board until he.gets an answer to his question. He needs to take one step at a time. Mr. Bowerman explained that the Equalization Board studies every individual case which is appealed to it, and he told Mr. Hammill that this option is available to him. Mr. Hammill replied that he knows he has this option, but he is concerned that it will be time to pay the taxes, before he gets an answer to his question. He has been to the same gentleman's office twice to talk to him about this matter. He reiterated that he is willing to pay taxes, but he wants a fair tax. He wants the assessments to be fair, and he wants Albemarle County to be fair. He has lived in this County all of his life, and he wants to continue to live here. If the taxes are increased, he will pay them, because he does not want his property sold by the County three years from now. He knows the school system needs money, and he is all for education. He asked the Board, however, not to give the County's money to everybody else, who does not need it. He has worked for VDoT for three years, and he has gotten a three percent raise. He asked how much of an increase in salaries have the school teachers gotten since then. Mr. Allen Freeman stated that he is President of the Crozet Elementary School PTO. The PTO's Executive Committee has asked him to recommend to the Board that the Supervisors support an educational budget that will at least preserve the present class size, which is approximately 22 to one. He added that this is an average class size, and he emphasized that he knows this ~s a fact, since his child is in a class of 22 students. He teaches 31 children in a world history class. He also supports keeping the present programs, and the present teacher salaries. This has not been an issue tonight, but he would like to note that teachers' total salaries are basically not increasing from the salaries that they are being paid this year, if the bonus that they got last year is considered. He next commented that there has been some talk about school buses taking children to play golf. He teaches on the high school level, and he knows children are taken to practice or to participate in games, such as football, lacrosse, soccer, track and golf. His school's golf team happens to have its matches in August, so that is the reason that the school buses are taking children to golf practice. Mr. Freeman stated that he assumes the School Board could do away with the golf program, but, for equity sake, it would also have to eliminate football and everything else. He then said he would like to speak as a private citizen. He has lived in the County since 1974, and has owned a home s~nce that time. This year he saw his assessment increase 20 percent. He lives in the White Hall District, and he pointed out that he knows why his assessment increased. He mentioned that his next door neighbor sold his home to a couple from Texas, and they paid a good price for this home. This caused his place to increase to nearly $13,000 an acre, which is a lot of money. In 20 years the assessment on his property has gone from $22,000 to over $200,000. For the first 15 years that he lived in Albemarle County, he probably paid more in taxes than he got in services. People want to know what services that he now gets, and he men- tioned that he uses the library and the roads, although he does not have water or sewer service. He does not have County trash pickup, because it is not available, but he uses the County landfill. He depends upon the Police Department, and the subsidy that the County gives to the Rescue Squad. He also appreciates and has paid for social services, AHIP and other services. For the past three years he has not paid his fair share in taxes. He has two children ~n school, and he recognizes that approximately $3,500 per child is spent in this County each year. This means there are other County taxpayers who are paying approximately $6,000 worth of taxes for his children, because he is only paying $1,500, although, he is receiving $7,000 worth of services. This seems to him to be a social contract. He explained that a social contract means that he has responsibilities to the citizens of Albemarle County, and for 15 years he paid his taxes, so that other children could go to school. When he retires, and his children are out of school, he intends to stay on his property. He will pay taxes, but he is not going to get the same services that he got before, because his children will be finished school. He os unsure if he will pay more than $90,000 in taxes, and this is what it is going to take to educate his two children at present rates. He asked who pays these taxes, and how are the taxes paid. He agreed with all of the speakers, that real estate taxes are absolute- ly the worst type of taxes in the world. He also agrees and knows that the Supervisors cannot do anything about them. He knows that the County citizens should have voted for a meals tax in this County, which would have increased M.B. 43, Pg. 366 April 7, 1993 (Regular Day Meeting) (Page 51) the budget by apProximately $600,000. Most of this money would have come from people going to Monticello and UVA. He emphasized that these additional taxes would not have come from the local people, and he suggested that he and the other citizens should not have to pay the extra taxes. The tourists from Florida and New York, etc., would have been taxed when they went to Monti- cello. The meals tax did not pass, so Albemarle County is left with real estate and personal property taxes. He believes the Albemarle County school system does a good job. He pointed out that it costs $6,000 or $7,000 to send a child to a private school in the area, and it only costs $3,500 per child in the County. He reiterated that the County teachers do a good job, and he noted that the children he teaches go on to Princeton and Yale. They also go to PVCC and work in the County, but there are also failures. The County has too many drop outs, and there are children who graduate with too many skills, but cutting down on the budget would not help this, and neither will throwing away money. There has to be a School Board, as well as administrators who believe in what needs to be done, and he thinks that Albemarle County has what it needs, although these people are not perfect. He thinks generational warfare is happening tonight. It is those who have sent their children to school, and who are now on fixed incomes, who are afraid of the future, because they are afraid they cannot pay their taxes. He sympathizes with them. He also recognizes that some of the speakers tonight have been talking about taxes on properties which are valued well over $1.0 million, and he said that he does not have any sympathy for that. He also recognizes that this Board has taken a positive step because the Supervisors have said to the elderly, and those who cannot pay their taxes, that there is going to be a tax break. He recognizes that there are certain things he might have to do when he is retired, and he is on a fixed income, such as selling part of his property or taking a negative mortgage. He will do his responsibility to this County, and he will remember, when he is retired, the taxpayers who paid $90,000 in tax dollars for his children, when he only spent $14,000. He appreciates these taxpayers, and he will do the same, for as long as he lives, for those children who will be in Albemarle County Schools. Ms. Pam Starling, President of the Woodbrook Elementary School PTO, said that she has already argued before this Board, she hopes convincingly, for the needs of the school system. She stated that 70 percent of the households in this County contain either school age or preschool age children, and are directly affected by the quality of the school system. The' school budget, which has been proposed to the Board of Supervisors, reduces spending for instructional programs from last year's school budget, because of the demands of growth in the basic infrastructure in the school system, such as additional classrooms and teachers for additional students. In real dollars alone, the County will be spending less per pupil in 1993 than was spent in 1992. She called attention to the inflation of those dollars because of the increased cost of health insurance and employee benefits, as well as the fact that it costs more to maintain a typical student because of the increased cost of materials in the classroom. The school system is not wasteful, as critics have charged. The School Board and the Superintendent have been very creative over the last two years in trying to reduce administrative costs and improve instruction within a balanced and reasonable budget. In order to return money to instruction, central administration has been reduced to what she considers dangerous levels, and decisions are being made at the building level without sufficient expertise or guiding policies. Equipment purchases have been deferred and program initiatives have been frozen. Staff development has been significantly reduced, and the school system is not making progress. She emphasized that it cannot make progress by investing fewer and fewer dollars in these children. She agreed that the challenges of education in this day and age cannot all be met by additional money, but she believes that some instructional needs have been identified which require additional revenue. Money is not saved by cutting education. As other speakers have noted tonight, it will only cost the County more money in the future, if the school system's needs are ignored now. At a minimum, she would like to see this Board allocate additional funds to the school budget to fund an instructional package to begin to address the staffing needs for gifted education, remedial education, art and music instruction in the elementary schools. Services to gifted children are mandated by the State, and without funding for these staff positions, staffing funds will have to be deducted from current school based accounts, which will reduce other services to all children. Funding for remedial positions, music and art provides new initiatives in these areas for only a portion of the positions funded, and the remainder only reinstates 1992 services, reduced in the proposed 1993 budget. She told the Supervisors that they have three choices to meet these needs. First, she said that the Supervisors can refuse to accept the school budget, which has been proposed by the School Board, and they can send it back for the School Board members to redo it to address these instructional needs. She stated that having watched the School Board through its budget deliberations, she is afraid that any alternative proposal could be even more harmful to the overall good of the school system. She emphasized that the School Board members simply do not have enough money with which to work to meet the needs, and there are no good short term solutions available to them. M.B. 43, Pg. 367 April 7, 1993 (Regular Day Meeting) (Page 52) As a possible long term solution, Ms. Starling stated that there are significant expenses to the school system, because of the expense of maintain- lng the number of small schools that are in the County. If the taxpayers are interested in efficient administration, then this is an issue which should be revisited. There are 15 elementary schools for approximately 5,000 students, and she thinks this is extravagant. She remarked that Albemarle County made a commitment to small community schools several years ago in response to vocal community pressure, and if taxpayers want those small schools to exist, then they need to accept the cost. Secondly, she stated that the needs of the school system can be funded from the existing reserve fund or by locating waste in the budget for general government. This was difficult for her to do, given the general government's own list of unfunded priorities. Ms. Starling commented that the third choice that the Supervisors have is to admit the need for a modest tax increase. She remarked that, personally, she is willing to pay an additional penny on the property tax rate in order to fund these programs. She said it will cost her $17 a year. She called attention to the fact that a one cent tax rate increase, coupled with a reduction in personal property taxes would generate approximately $360,000 of a $90.0 million budget. From approximately 24,000 households, there would be an average cost of $15 per household per year. Only four percent of the taxpayers in this County hold enough taxable property to be affected by an increase of greater than $50 by this proposed tax increase. She recalled that there has been a very vocal constituency at these hearings, and they are angry about the drastic increases in property assessments, which have doubled some people's tax bills. She knows these people are asking why the County needs to increase the tax rate, when their tax bills have already increased. She added, however, that most people's tax bills did not increase so dramatically. She pointed out that the County revenue, overall, increased by only four percent, and this barely surpasses inflation and is not sufficient to meet the needs of an increased service population and additional mandates from the State which came without funds attached. County revenue from property taxes increased by approximately 11 percent overall. The White Hall District saw the largest increase, which was an average of 18 percent in that area. The dramatic increases of 100 to 200 percent, presented at the last public hearing, are by far the exception in specific communities for specific taxpayers affected by new activity in the real estate market, and provide no basis for determining the tax rate for the remainder of the County. She commented that those individual taxpayers have legitimate burdens, and every right to be angry about those assessments. She added that reviewing these assessments, and ensuring that tax relief is provided to all eligible citizens, should be a priority item for County government, as she believes it has been. She pointed out that the majority of the assessments, or the assessment process, cannot be changed, because that is an issue for the State legislature to decide. She said the State legislature has declared that in Virginia real property is assessed at 100 percent of the fair market value. This meeting tonight is not to decide the value of property in Albemarle County. She emphasized that the Board of Supervisors has no power to affect the value of property in Albemarle County, and neither the Board of Supervisors, nor the County Executive, nor the tax assessor sets the price for an acre of land in Albemarle County. The price of that land has no relationship, whatsoever, to the needs of the County budget. She explained that land prices are determined by the demand for land on the open market, and land in this County is bringing those prices because developable land in Albemarle County is scarce and is in high demand. At one time a few years back, property in the urban ring saw large increases in assessment value. Now as development has been pushed to the rural districts, the demand for land, and the increased property values that this demand causes, are being seen there. Nothing this Board can do to the tax rate will significantly reduce the value of those property assessment increases. She said those taxpayers who are angry, because of the affect of reassessment on their tax bills, will still be angry, regardless of what tax rate is set, because the Supervisors are powerless to fix the taxpayers' real problem. She represents the taxpayers who are angry because of the lack of quality and availability of County services. This is a problem about which the Supervi- sors can do something. She asked the Supervisors, however, that given such a choice, which constituency should they answer. Mr. Bob Merrill, from the Samuel Miller District, thanked the Board for this opportunity to speak. He thinks it is unconscionable that the Supervi- sors are proposing to raise the tax rate on real property. He suggested that the tax rate be reduced to 69 cents, which would raise the same amount of revenue, based on the new assessment. This is the only thing which can be done. He went on to say that what the Supervisors do about the personal property taxes is up to them. Albemarle County must set an example, as apparently has been done in Fairfax County, to reduce taxes. He said that Washington, D.C. has a spendthrift administration, now, which is obviously going to raise taxes. Albemarle Count~"officials need to send the government officials in Washington, D.C. a message, even though it might be small, that the people do not want any more tax increases. He knows this is a tough situation, but the Supervisors knew that, when they were elected. It has been a rule of thumb for years that any society which taxes its people over 50 percent of their income is due to fall in a short time. Already on a national average, the local, state and federal taxes are over 50 percent. He knows this is true in his particular case, and he does not know how much longer this M.B. 43, Pg. 368 April 7, 1993 (Regular Day Meeting) (Page 53) country can stand this situation. He next suggested that, in future years, the County go to zero based budgeting. He urged the Supervisors to demand that one department in the County use zero based budgeting for next year. This department staff cannot take last year's budget and add a percentage. The staff would have to go back to zero, and then it could be decided if the function of that department is really needed. If it is really needed, it will have to be decided as to what the cost will be on a realistic basis. Mr. Louis Moore, of the Keswick area, which is in the Rivanna District, asked why the tax assessment is 16 percent in that area. He wondered why the poor people are not just being told to move out of the County, so that the rich can move in. Some of the residents are selling for what they can get, and then they have to rent property. These people provide for themselves rather than using welfare or unemployment funds. He stated that with only two or three acres these people raise gardens and prepare for winter, but some of them will become homeless, because they cannot afford the taxes. He noted that there was a place adjoining the Keswick Country Club, which was in the Moores' name for over 100 years, but it is gone now. He has seen the rich get richer and the poor get poorer, because the rich people are buying the property at their own prices, and the poor people are forced to sell. Ms. Rellen Perry, representing the Albemarle Housing Coalition, said the small item in the budget for a Housing Coordinator is very significant to the Coalition. Her organization has been waiting 15 years to meet the needs of children in the community who have no decent place to live. She emphasized, too, that she does not want to see people in Albemarle County lose their home. She hopes the money for the Housing Coordinator which is shown in the budget will not be eliminated, if there is any decrease in the budget. Ms. Sonia Smith said she is a resident of the western area of Albemarle County, and she is present as a member of the Board of the Shelter for Help and Emergency. She thanked the Supervisors for supporting this organization in their budget. She pledged to the Supervisors, on behalf of the Board and everyone involved with the Shelter, that this money will be used wisely. Mr. Sam Kaplan commented that one of the men who spoke tonight talks as though he wants a study commission, and he thinks that probably this same gentleman would like an appointment to it, once it is established. He said that the next speaker wanted the Supervisors to be unemployed, as if they were here for the money. Everybody knows that the Supervisors get ten times as much abuse, as money with this job. He believes the people have taxed the Supervisors more tonight, than the Supervisors will tax the people during the year. He thinks the people who are on the other side of the ~ssue from him tonight would be surprised to learn that there is a great deal of sympathy for their position among those people who favor the one cent increase in real estate taxes. He thinks it might shock these people to hear some of the conversations which have been held in the back of the room this evening. There is a great deal of sympathy for people whose property assessments rose by 77 percent, and for people who are on fixed incomes and who cannot meet that assessment. It is true that the Supervisors cannot do anything about that situation. It is also true that the cost of the one cent tax increase would help the initiative for the schools, and it would amount to an average of approximately $15 per taxpayer, which is just about what everybody in this room has in their pocket and could lay it on the table right now. He then mentioned stewardship in the budget. He had looked at the handout relative to the 1992/93 budget, and this fiscal year is almost over, so he assumes the projections are good. In every category, it looks as though the expenditures are going to be under budget. He thinks this is a tribute to the County Executive and the job he has done, and he noted that the Supervi- sors hired him. With respect to the school budget, Mr. Kaplan said that Dr. Paskel has indicated that if the school officials are good stewards and watch the taxpayers' money and cut administrative costs, then when they go to the Board of Supervisors for reasonable expenditures for the benefit of the children, the Supervisors will respond positively. He believes this one cent tax increase is a down payment on that pledge, because Dr. Paskel has certain- ly fulfilled his part of the bargain. Mr. Kaplan noted that he does not like paying taxes, and he does not think anybody in this room likes paying taxes. The taxes on his property increase, and his income taxes increase. His taxes for social security rises on a percentage basis every year, and that is just, and that is right. The reason it is just and right is because his parents worked hard, and they provided the best schools and paid their taxes to put him through public schools. They have only asked two things of him, and the first one was that he pay taxes to pay for their social security. Whether people realize it or not, after the first couple of years of receiving social security, people have finished taking home what they paid in, and they are actually receiving what people who are working at the present time are paying. This is right, and it is just, and it is true. Secondly, his parents asked him to follow the example that they set for him by providing the best schools that he could for his own children. He heard a man tonight say that there should be no initiatives, which Mr. Kaplan stated was the theme of everything that the man said. Mr. Kaplan went on to say that it was the same person who he thinks wants to be on the study commission. This is the argument of M.B. 43, Pg. 369 April 7, 1993 (Regular Day Meeting) (Page 54) stagnation and decay, because initiatives are progress, and if there are never initiatives, then there will never be any progress. This would really be a shame in Jefferson's County. He reiterated that people are only being asked for $15 for the County's children for new initiatives, such as music, art, special education and gifted education. It sounds like a bargain to him. He would defy anybody here on this Board or anybody in the audience, when his seven-year-old or his five-year-old comes home with the enthusiasm that they bring from the Albemarle County Schools, to look them straight in the eye and say that they are not worth $15. His advice to the Supervisors tonight is to do what is right and vote for that one cent tax. The Supervisors will please some of the people, and the remainder of them will just think that the Supervisors are hard of hearing. Ms. Peggy Scott referred to Mr. Kaplan's remarks, and she said that she thought it was appropriate when members of the audience expressed disapproval of his comments. She is not here to judge Mr. Kaplan's opinion, but she believes that he evidently has the money within his home to be able to provide some of the things that he is asking others to give up in order to meet the one cent tax increase. People are talking about a one cent increase, but she said that there is not just one cent involved. It is one cent per $100 of assessed value, averaging anywhere from $10 to $17 per property owner. She is a resident of the Scottsville District, and Forrest Marshall is her supervi- sor. She has not had a lot of interaction with Mr. Marshall, but, as far as she is concerned, the resources in the area where she lives are limited. She uses a lot of Charlottesville's resources because it is the neighboring city, but also because it has more to offer. She has not moved into Charlottesville because of several reasons. This new tax proposal is for a one cent increase, but she fears that soon there will be another one cent increase, and this will happen to the point where she will not be able to pay her taxes. She is a new home owner, and she has lived in Albemarle County 32 of her 35 years. She moved to Maryland, at one time, and found that taxes were not nearly as high as they are in Albemarle County, and she pointed out that she lived in a city in Maryland, which had a lot more .to offer. She thinks Albemarle County offers a lot to its individuals, such as the fact that there are a lot of opportunities to vote and say what they feel is right or wrong. She hopes public opinion means a lot to the Supervisors, and that the Supervisors will respond to what the public is saying, because the public is saying no to this new tax. She noted that there has been minimal support for the increase. She is also an education advocate, and she struggled hard to put herself through school. She believes that the children of tomorrow need a good education, however, she does not think that they should be disadvantaged because they need a good education. She remarked that children cannot be taught if they do not have food to eat on their tables, and they cannot be taught, if the parents do not have clothes to put on their backs. She said children cannot be taught who do not have mothers and fathers at home to help raise them so that they can come to school, because the parents are working two or three jobs. She works more than one job, because she has to, and this is not only because of all of the new taxes that the government has imposed, but because of all of the needs that her children have that are within her home. She pointed out that Mr. Bowerman had spoken this afternoon to a Channel 29 reporter about the programs which needed funding. She is an advocate of innovation and having these needs met, but from her own perspec- tive, common sense tells her that if real estate taxes continue to increase, the low income and fixed income people are pushed into a category of homeless- ness. She commented that then there will have to be an item in the budget to pay for the needs of the homeless. She said it may seem drastic to say that these people will be homeless because of the one cent increase in taxes, but next year, another cent will be needed for some other reason, and that one cent may be what it takes to knock these people over the edge. She recalled that she heard a gentleman from the Shadwell area about a month ago say that he could not afford to stay in his home because he could not pay his taxes. Maybe he did have too much land, and maybe he did need to sell off some of the land, so that he could pay the taxes. She does not think it is the County officials' right to say that he has to do so, by making him pay taxes that he cannot afford to pay. This gentleman has probably worked hard and put a lot of sacrifice into what he has, and it is no one's right to tell him that he is going to have to pay this increase in taxes, and if he cannot pay it, then he will have to give up what he owns. She then recalled that someone had made a comment about the Lottery providing money for educa- tion. She explained that this money goes to the Governor, who decided to put a freeze on it. She said that more people need to be pro-active and pro- political and indicate that they are going to have a say in what the govern- ment does. Maybe it would not be so hard for the County to get the funds that it needs, if representatives from the County decide to go to Richmond. She directed her comment to Mr. Martin, and she said that she is very eager to go to Richmond and say that she is tired of the taxes that the State legislature is imposing on her. She thinks that almost every individual would be as eager, if the Supervisors would make it publicly known what the people can do to help stop some of this increase in taxes. She had watched her mother move out of her home and into a trailer, because of taxes. After that, her mother had to move in with her. She is speaking from a personal perspective, but she M.B. 43, Pg. 370 April 7, 1993 (Regular Day Meeting) (Page 55) is also speaking for the elderly. She is not yet there, and the Supervisors are not either, but one day they will be elderly. She asked the Supervisors to think that today they are sitting in these chairs, and they will be able to make this tax decision, but tomorrow they may be the culprit of the same decisions from someone else. No one may become broke because of this crease, but the wealthy in the County will definitely not feel it. However, for those on fixed and low incomes, it is maybe a missed meal this year, and next year it could be homelessness. No one can guarantee that forever they will have their health, and this one cent tax increase is something that the people cannot control. She emphasized that the Supervisors have this power tonight to make the decision as to whether or not these individuals who cannot afford to pay the tax increase will have to pay it. She can afford the increase, and she will pay it, if she has to, but she is not going to do it without a fight. She will not sit back and watch herself at her age listen to the Supervisors make that decision and say it is okay. She wishes more of her friends would come forward and decide to tell each and everyone on the Board what it is like to pay another one cent tax on every $100 of assessed value. Her tax assessment increased, but she cannot believe some of the increases that she has heard tonight. Neither can she believe that the assessments are such varied and diverse amounts, and she cannot understand how she can be 30 minutes from the City, and pay such a monumental amount of taxes for so few resources. It is incredible, and it is beyond her understanding. She is not blaming the Board for these decisions, because the Supervisors are only doing what the job has asked them to do. She then asked the Supervisors, however, to look deeper into finding another way to get these funds, instead of taking the money from the pockets of children who will need these funds later. Mr. Richard Nicholas remarked that it had been a long evening, and most of the comments that he wanted to address have already been said. He then called attention to the front of the budget materials where there was a statement indicating that these are difficult economic times, and the revenues were not what had been expected. At the same time, the Supervisors are constantly deceived by noble people of good will all asking for extra help for good and worthwhile projects. Some of these projects tear at people's heartstrings because the taxpayers of the County and this country are compas- sionate people. The County residents have paid taxes, and everybody is willing to do that. It is always difficult to eliminate somebody's project, however he reminded the Supervisors that they are on this Board because they want to be there, so they will have to bear up under the pressure. He knows simplicity is not the answer, but there are times when the Supervisors must stand up and say no, no matter how worthwhile these projects are. The govern- ment cannot solve all of the problems. He does not need to tell the Supervi- sors this fact, because they already know it, as well as everybody else. Everybody wants the government to solve their own problems, and not the other person's problems. The Supervisors have to consider the common good, and the common good that he has heard expressed this evening says that a lot of people of moderate or low income means are really distressed. The worse thing that the Supervi- sors could possibly do now to these people is to raise their taxes. This would be unconscionable and unthinkable to raise taxes in such difficult times, and he thinks they should be decreasing taxes. A number of speakers this evening have addressed the school system's needs. He emphasized that nobody is against schools, and everybody wants good schools and the finest education that people can get. He suggested that there is no direct correla- tion between the quality of education and the number of dollars spent. The School Board should not be given a blank check, and this section of the budget should be examined just as carefully as all of the other items. He reiterated that, given these circumstances and the difficult times, not only should the Supervisors not raise the taxes, but, instead, they should be decreased. At the very least, Mr. Nicholas said the Supervisors should freeze the budget at this year's level. Mr. Jay Robinson, Jr., stated that he has heard a lot of compliments about the School Board, and what a good job the members of that Board are doing. He asked if the Supervisors realize that the school teachers' motto today is to pay them more money, and they will do a better job. He and his wife got into an argument about the teachers' situation, and he said that if the teachers were given a competency test today, 35 percent of them would fail it. After this discussion, about six months later the New Jersey School Board gave its teachers such a test, and 35 percent of them failed it. He next asked what is taxation. As far as real estate is concerned, taxation consists of two things. The first thing relates to assessments, and he thinks Mr. Martin has tried to answer this question. However, he does not think Mr. Martin knows the answer to that question, not as far as the State law is concerned. State law indicates that property will be assessed at 100 percent of its valuation, and that is all it says. The law indicates that the rates will be determined by the loca~ boards, and that is all said about the issue. He noted that the law mentions 100 percent of the land's valuation, but it does not mention any method of arriving at it. His wife has multiple sclero- sis, and he moved from Carrsbrook to a house which was more accessible to her with her handicap. He has a bad situation, because his wife has to walk with a walker, and she has an electric cart. He fears if it was known that she had M.B. 43, Pg. 371 April 7~ 1993 (Regular Day Meeting) (Page 56) this electric cart, the cart would probably be taxed. He built a back porch so that she could look outside. He got a building permit from the County, and he was given some recommendations by the staff, to which he agreed. He was supposed to have three inspections on the porch, and the first initial inspection came when he had finished putting up all of the framing. He pointed out that the County assessor came by his place three days later to make his inspection of the value of that piece of property. He had not had the second inspection by the County, at that time, and the final inspection was never done. He thinks the matter of valuation is ridiculous. He noted that his property assessment has increased 73 percent in six years. The property increases in value approximately 24 percent every time is assessed. He called the County Assessor and asked him about the assessment. Mr. Woodzell found the property in the records and read him the amount that each house had sold for in that neighborhood. Mr. Woodzell informed him that the staff made physical contact with every piece of property in Albemarle County. Mr. Robinson then asked the Supervisors to answer the question as to how many of them or their families knew of the tax assessor coming to examine their properties. Mrs. Humphris indicated that she knew when the tax assessor came to her house. Mr. Robinson next stated that his assessment increased by 23.788 percent. This situation is ridiculous, and he thinks the Board should do something about it. He addressed a comment to Mr. Martin, again, by saying that he did not think Mr. Martin had ever read the law. Mr. Martin responded that Mr. Robinson had only read one statement from a very thick Virginia Code section. Mr. Robinson answered that he looked at the whole Code, and the section from which he read was the only thing that he could find which referred to assess- ments. Mr. Martin commented that the section on assessments is approximately 30 pages thick, and it explains the procedure. Mr. Robinson told Mr. Martin that he would be in contact with him. He wants to see the procedure to which Mr. Martin is referring. Mr. Martin told Mr. Robinson that he will show it to him. Next, Mr. Robinson stated that there is no reason for the Supervisors to go to Richmond, because they set the tax rate. The State controls the assessments, and not the County. The County's assessors take an average of the properties, and he emphasized that there are a lot of rich landowners in the County, who are paying a high price when they buy their properties. He said this causes the property values to increase for the other citizens in the County. There being no other public comments on the proposed budget, Mr. Bowerman closed the public hearing. Agenda Item No. 19. Public Hearing on Proposed Real Property Tax Increase (required by Virginia Code Section 58.1-3321). (Advertised in the Daily Progress on March 30, 1993.) Mr. Bowerman opened the public hearing on the proposed real property tax increase. Since no one came forward to speak, the public hearing was closed. Mr. Perkins began his comments by saying that the budget has occupied a lot of his time and thoughts during the last month, as far as what this Board could do, etc. The Board started a month ago with the County Executive's recommended budget, and this budget tonight is the Board of Supervisors' proposed budget. He liked the County Executive's budget better. He has a great deal of faith in the staff, and he appreciates what they do and what the County Executive has done. He added that Mr. Tucker had to make a great many tough decisions to develop his budget, and with his budget, there was over $500,000 that could be spent in several ways. The first of those ways was through a reduction in the tax rate. Another way was to fund new initiatives, and a third one was to put the $500,000 in reserve, because next year there will be a larger debt that the County will have to pay, which amounts to approximately $8.0 million or more for a new middle school. This money could even be used to pay off the debt this year, and save a lot of interest. He added that sometimes it is good to look back, and since 1982/83, there has been a 46 1/2 percent inflationary increase; a 155 percent increase in general property tax; a 120 percent increase in total revenues; a 120 percent increase in the school budget; and a 150 percent increase in total County commitments, which is for the Capital Improvements Program. He has been told that in the last ten years, the State has increased its funds to education by more than $3.0 billion, which is a 110 percent increase, but only 48 percent of that money reaches the classroom. He suggested that perhaps the State officials should be contacted and asked what is happening with the remainder of this money. He wondered if the State is building a bigger educational bureaucracy, and if not, then where is the money going. He then pointed out that, since 1987, the Albemarle County schools, allowing for growth and inflation, would have a $50.0 million budget, if the 1987 budget was projected forward to the present time. He noted that the proposed school budget is $57.0 million, so there is $7.0 million more being spent today, than was being spent five or six years ago. He recalled that there are people concerned that if the tax is not raised that the schools will be affected. He has enough faith in the School Board members that he thinks they can address certain items in the school budget, such as teacher salary adjustments, classified and administrative salaries, employer's contributions to health care, growth initiatives, special M.B. 43, Pg. 372 April 7, 1993 (Regular Day Meeting) (Page 57) education staffing and funds relating to CATEC. Mr. Perkins remarked that he thinks the County has to do a better job with what it has, rather than increasing the taxes. Mr. Martin remarked that the public wants a straight yes or no about the tax situation, but he cannot give such an answer at this time. He needs to do some thinking about the comments that he has heard tonight, as well as other things that he has been hearing. He has already explained how he feels about the whole assessment process, and how he thinks it is unfair. The Dillon Rule does not allow the Board of Supervisors to have any authority which is not specifically legislated to it by the State government. The State legislature has indicated that the Supervisors can raise revenue~by real estate and personal property taxes, but it has to be done a certain way. One exception has been allowed by the State, and that is for the elderly and handicapped. As far as lowering the tax rate to 69 cents is concerned, if he could give the money back to the people, he could understand doing it. He explained, however, that if someone's assessment increased 80 percent, and the tax rate is reduced to 69 cents, that person is not going to get the money back in an equitable fashion. Some people are going to get a tax decrease, and some people will still have an increase in their taxes, and some people's taxes will stay the same. There is no way to give the money back to the people who really need it or who are being pushed out of their homes. Secondly, there is no way to even give the money back to the person who gave it to the County. He was very clear in the beginning that he did not think he could support a tax increase for this year. The reason he voted for advertising the 73 cents tax rate is because if the tax rate had been advertised at 72 cents, it could not have been increased to 73 cents, without having this hearing all over again. If the advertisement is for 73 cents, and then the Board decides to lower the rate to 72 cents or 69 cents, this process will not have to be repeated. He then commented that the school system is very dear to him, and he referred to Mr. Perkins' remarks about the difference between $50.0 million and $57.0 million, if the budget was projected according to growth and inflation. He agrees with that, but a lot of the $7.0 million is being driven by State mandates. For three of those years to which Mr. Perkins referred, the State mandated that teachers be paid a certain amount in raises. He has not looked at the situation recently, but out of the $57.0 million, he expects that $35.0 million relates to personnel's wages. This leaves very little, as far as operating expenses are concerned, if the State is going to mandate a certain percentage for an increase in salaries for a particular year. He thinks there is a legitimate reason for this discrepancy in the school budget. He pointed out that the school system is growing rapidly, and 300 new students are expected this year. This means more buses and teachers are necessary, and buses and personnel are expensive. Personnel is always the most expensive item in the budget. He noted, too, that new students mean more classrooms. Agnor-Hurt Elementary School and Cale Elementary School have just opened, and this past year the budget submitted by the School Board did not cover all of the growth. In his opinion, the school system needs additional funding. He then commented that people talk about our school system, but when they speak of a negative report, they refer to New Jersey, New York or California. He said if the numbers are considered that come from the Albemarle County school system, people will find it is a good system, and although it is not perfect, it is one of which everyone can be proud. In addition, he also wants to support some things which are dear to him such as the Shelter for Help and Emergency. He will try to find additional funding amounting to a few hundred thousand for the school system and also protect some other programs such as the Shelter for Help and Emergency, between now and when the vote is taken by the Supervisors for this budget. He makes a distinction between a program which tries to help people and a program which tries to help people help themselves. When he sees a program which is trying to help people help themselves, he thinks the money is well spent. He can toss out a program that is only helping people, anytime, because it only builds crutches. He reiterated that he will, in the next seven days, try to figure what can be eliminated in order to keep the tax rate at 72 cents. If he cannot find a way to do it, then he will have to give the money to the school system, because he feels that the school system needs it and deserves it. Mrs. Humphris remarked that there is no doubt this Board has worked hard to produce a budget that is both realistic and fair and responds to the real needs the Supervisors perceive exist in Albemarle County. The fairness aspect is difficult to achieve because the form of taxation in Virginia is unfair. It is regressive, and it forces the County to depend heavily on property taxes. The fair market value of property does not usually have a relationship to a taxpayers' ability to pay. This is unfair, but there is not a taxing ability available to the Supervisors which allows taxing to be done according to people's ability to pay. The budget which has been presented tonight has had to accommodate a two percent annual population growth rate, 327 more students in the schools in the next year, needs that range from Gypsy Moths to solid waste mandates, problems of the elderly, problems of abused children, problems of those people living in substandard housing, and all types of M.B. 43, Pg. 373 April 7, 1993 (Regular Day Meeting) (Page 58) societal problems which are fairly new to the Supervisors. She pointed out that these are problems over which the Supervisors have no control, but they have to be dealt with by this Board, because these problems come into the County, when the children in the community come into the schools. These problems are stressing the Supervisors' ability to serve to the limit. Some people might not ever have had to rely on a lot of the services that the County has to provide. If a person has never had to rely on the police, a fire department, rescue workers, or social services, then that person is fortunate. Nevertheless, these services still have to be available to people who need them. One of the great things about this budget process is the input from the citizens who have come to these meetings. She knows a lot of people came to the public meeting that the Coalition for Tax Equity sponsored in this room on February 19, 1993, where that group indicated that there were five changes that it wanted to see achieved. She agreed with most of these changes. The Coalition wanted to establish a Homestead Tax exemption, which she said may or may not be the right way to handle the problem, but the General Assembly has to be prevailed upon to find a solution. Secondly, the Coalition wanted to hold down spending. The Supervisors are trying to do so. The third sugges- tion from the Coalition was for the Supervisors to identify and eliminate waste. The supervisors try to do so, as best they can, because it is in their best interest to identify and eliminate waste. She asked that if the citizens have things to tell the Supervisors Or communicate to the Supervisors to help them accomplish this, please do so. It would help the whole County, if people would communicate their ideas. The fourth suggestion from the Coalition was to amend the current assessment guidelines. This has been discussed exten- sively tonight, and she emphasized that the Supervisors have no power over these guidelines. The fifth thing that the Coalition wanted to do was to have everybody participate. She pointed out that people are participating, and she thinks the people's participation and input is the best thing that has come out of this whole process. The citizens, with their involvement, are educat- ing themselves about the budget process and how the Supervisors reach their decisions. She then noted that on March 10, 1993 the Coalition presented a position paper at the first budget public hearing, and it asked the Supervisors "to make whatever adjustments are necessary to reduce and contain the cost of government in this County, so that its budgetary growth does not exceed the overall rate of inflation adjusted to accommodate increases in population." This proposed budget is actually below the request that was made by the Coalition. It left millions of dollars of true needs unfunded, both in schools and general government, but in several methods of computation, it was below the Coalition's request. When she was elected to this Board, she thought she might possibly find what some of the people at this meeting have implied and intimated that they think they might find, which are some ways to eliminate excessive spending in government. In the years that she has served, she has not been able to do so. This County, and the people who work for it, are dedicated to provide services efficiently and effectively. According to all State standards and according to a nationally recognized study, Albemarle County has been in the top ten percent of local governments in this country for efficiently using its resources. The Supervisors will have to continue their efforts to offer this County frugal and efficient government, and it is being done in the face of ever increasing needs. There is something which has not been brought out at this meeting, and she said that the citizens are the victims of it. The people are asking why, for instance, are the values increasing in the White Hall District, and why in the Jack Jouett District, did they increase so little. The Jack Jouett District residents experienced this westward expansion and the pressure on their land years ago, and the assessment increases have already happened to them. Now the expansion is moving further out into the County, as land becomes less and less available. Growth is stressing the property values and services, and it costs all taxpayers for the increased services and the capital costs such as new schools. These people come to our wonderful, attractive County and want to live here and pay the fair market value for the land next door to County citizens. Everybody suffers from this situation, but she said that growth happens, and there is nothing that can be done to stop it. Growth especially happens in an areaas attractive as Albemarle County. Nobody wants to tax anybody out of their homes, and the Supervisors will go as far as they can possibly go to see that this does not happen. She said sincerely sympathizes with the people whose property values have drastically increased because of the growth pressure. She asked the public to be aware, when people talk to them about the County growing and getting more people, so, therefore, the property taxes should cover the cost of these new services. She pointed out that it does not work"'~hat way, and the people at this meeting are examples of this. Growth does not pay its way, and it costs money. Although this problem will be dealt with realistically and fairly and in the best method possible, she will have to be honest and tell the group that she is basing her thinking tonight, not only on the people who came to this meeting, or the ones who came and left, but also on all of the stacks of letters which have come to the Board on various things. M.B. 43, Pg. 374 April 7, 1993 (Regular Day Meeting) (Page 59) Mrs. Humphris noted that the County Executive presented the Board with a balanced budget, but he, in balancing the budget, left out some things that she considers to be very, very important. TheSe things relate to the schools, as well as services to the elderly, and services to young people, which she thinks are essential. She believes this budget, as it was presented tonight, accomplishes what the Supervisors are required to do, as fairly and equitably as possible. Mr. Marshall commented that, by nature, he is a conservative person. He said that when a person is born at 835 Bolling Avenue in the Belmont section of Charlottesville, and then lives on the type of estate where he currently lives, he has to be conservative to get there. He noted that ten years ago he was appointed to the School Board, and he thought the teachers were grossly underpaid, and they were. He fought for increases, and contrary to Mr. Martin's comments, even though the State did mandate increases to teachers' salaries that year, the School Board had already given salary increases in excess of the State mandates. He takes offense to Sarah Reynolds' statements which she made about him earlier tonight. For her to say that he does not support the school system is similar to saying that he does not support motherhood. He scrutinized and picked apart every budget for which he voted when he was on the School Board. He did not support $750 covers for tractors, because the man wanted to plow snow in comfort at Western Albemarle. He could not do this on his farm, and he said that he did not support other such things while he was on the School Board. He supported the teachers, and he supported education, and he still does. He stated that five of his children went through Albemarle County Schools, and two of these children are teachers, and one teaches in Albemarle County. Four out of five of his children have gone to college, and the other one is in college, now. To say he does not support education is ludicrous. The people of Albemarle County, the State and the nation have had to sacrifice the last couple of years because of the economy. He hears the people who elected him, and he emphasized that the Supervisors cannot spend money they do not have. He is asking teachers and other employees who work for Albemarle County to sacrifice the same sacrifices that the gentleman mentioned who was at the meeting earlier, Who works for Vepco. Many other State employees have had to sacrifice, also, as well as retired people who are living on fixed income. A year ago, he asked the question, when the topic was being discussed about bringing a plant into the County so that the citizens could get jobs. The question was whether or not Albemarle County is becoming a country club for the rich. He thinks it is. He recalled that there was a black man at this meeting earlier tonight, who stated a prime example of what is happening. People who have money move to Albemarle County, because it is certainly cheaper to live here than it is to live in Westchester County, New York. He wondered about the people similar to himself, who were born and raised here. He is one of the fortunate ones, because he can afford to stay here. He referred to a lady in the audience, who he said grew up with him in the Belmont section of Charlottesville, and he wondered if she was going to be able to stay in Albemarle County much longer. He has to look out for those people. He was elected to represent all of the people, and he cannot, in good conscience, suppOrt the budget in its present form. He wants to see a reduc- tion in the tax rate, and he would like a two cents reduction, although he does not think there is a chance this will happen. He thinks the County Executive has prepared a budget that will, at least, work with a one cent reduction of the tax rate. This is what he intends t° support. He asked the other members of this Board to suppOrt him in this, and to please listen to what he is saying and to help those who need it in Albemarle County. All of the items in the budget are good, and all of the things that the school officials want are needed. He mentioned SARA, and he cannot in good con- science say that the County does not need to give money to some of these organizations. He knows that the way things in Albemarle County have to be taxed is ridiculous, but he can honestly say that he will not go to Richmond and ask for the Supervisors to have more power to tax. He thinks once there is a new tax, it is impossible to get rid of it. A tax will grow rapidly, and the governments keep on taxing to the point where society can no longer bear it. He emphasized that people have got to live with less. He wanted to clarify the statement that Sarah Reynolds said he had made, which was that teachers want more pay and less work. He agreed that he had made this remark, but he also said that the reason the teachers are overworked is because parents are not doing the job they should be doing. The schools cannot solve all the social ills of society. The parents brought these children into the world, and it is their responsibility to make sure they go to school and behave themselves, and that they do what their teachers tell them to do. He said then they will learn. He learned in this building from a man named Haswell H. Walker. He never had any idea that he (Mr. Marshall) was going to amount to anything, but Mr. Walker instilled a desire in him to be what he is today. Mr. Walker was one of the greatest men who ever lived, as far as he is concerned, and he was paid mighty little for what he did. More Haswell H. Walkers are needed in the school system. There are a lot of them, and he thinks his daughter is one of them, because she loves what she is doing. There are a lot of good teachers who are doing extra work, and they need help. He appreciated what Allen Freeman had to say. Mr. Freeman's M.B. 43, Pg. 375 April 7, 1993 (Regular Day Meeting) (Page 60) statements were good, and he agrees with them. He also agrees with what Pam Starling had to say. These people are looking at the situation from one side, and he (Mr. Marshall) is trying to look at both sides. There are people in the County who cannot afford the one cent increase in the tax rate~ but he is going to try to get the other Supervisors to support this increase. He said this will not help that much, but it will at least send a message to the people Who run this County that they are going to have to watch their Ps and Qs because the money is not going to be there and this Board is not going to give it to them. Mr. Marshall said this is where he stands. Mr. Bowerman commented that every Board member has said something that he agrees with, as well as every member of the public who has spoken tonight. The one thing he has tried not to do in the three years he has been on this Board is to use this office as a bully pulpit, which some people have some- times done when they stand or sit in front of people and have the floor to speak. He does not have all the answers, and neither does the public nor the Board. Collectively the public and Board do have all the answers, which is why, in the 14 years that he has spent in Public life, ten on the Planning Commission and three on this Board, he has tried to listen to everyone, and tried to gather the truth out of what is said. He listens to everybody and when everybody is finished talking, he tries to come to a decision. He hears the good things that are said, as well as the bad. However, the buck stops with this Board. If he could not convince the constituents in his district to support a meals tax two years ago, that is his problem. Even though he increased the margin of defeat by 15 percent, and the meals tax only lost by three or four percent, instead of 20 percent, he still did not do a good enough job. He will maybe try again some day. If he cannot convince the legislators in Richmond that a more equitable way of taxation is needed, then the public can hold him responsible. He Will continue to lobby with the legislators in Richmond for a more equitable way of taxation. This would be a local option income tax, because if this is adopted, people would be taxed on their ability to pay, and the County would give back dollar for dollar on the real estate tax and personal property tax. This is where he stands on the subject. In the three years that he has been on this Board, he has spent general- ly between 20 or 30 hours per week, listening to citizens and answering all the telephone calls he gets, regardless of what the individual said tonight. He also answers all the letters he gets, regardless of what anybody else thinks. He might be late getting some of these things done, but he always does it. He has heard a lot of things from a lot of different people over that period of time. The only thing on which he can stand tonight is that he cannot defend every action that he has made or any action he will make. He works hard at doing what he does for this community. If he makes a bad decision, he is responsible for it, but it is not because he does not listen and he has not spent the time on the matter. He wants to be judged on what he has done, and the way he goes about it. He has looked at this budget, and the County Executive's recommended budget, and he thinks Mr. Tucker's budget is lacking in some areas. He emphasized he wants to see that those areas are covered. He has a responsi- bility not only to the people at this meeting, but to all citizens in this County, and he cannot please all of them. He will do his best to represent all the citizens in this County, based upon what he hears from them. There are a couple of things that he would like to go to next Wednesday's meeting without. He would like to specifically eliminate the Police and Traffic Officer position for $55,895 as an unnecessary item in this budget, and he would like to eliminate the $5,000 expenditure for the Paramount Theater. At this time, he is satisfied with all the other initiatives that he sees in the general government budget, as well as in the school budget. His position next Wednesday will be to fund everything that is before the Supervisors tonight, with the exception of the $60,000, which he just mentioned. This translates into approximately one cent on the personal property tax or some combination thereof. If other members of this Board have other things they want to eliminate, and they feel strongly about them, and can convince him, then he will go along with that. He does not know what tax rate will be approved, seven days from today. However, he knows it cannot be higher than 73 cents for the real estate tax rate, and it cannot be higher than a two cents reduction on the personal property tax rate, which is $4.28. Beyond that, he does not have any more information because he wants to speak with his peers and spend another week examining the budget. This is his position tonight. He thanked all of the people for attending this public hearing. He understands that there has been a lot of emotion, and he appreciates the way that the people conducted themselves in a very difficult time. He thinks this was a very good meeting, and he thinks the Supervisors had a lot of good information expressed to them. The Supervisors sincerely appreciated the public coming to this meeting. M.B. 43, Pg. 376 April 7, 1993 (Regular Day Meeting) (Page 61) Agenda Item No. 20. Adjourn. With no further business to come before the Board, the meeting adjourned at 11:00 p.m. --~'- C~airman