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1992-01-22January 22, 1992 (Regular Night Meeting) (Page 1) M.B. 40, Pg. 52 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 22, 1992, at 7:00 P.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, Forrest R. Marshall, Jr., Charles S. Martin and Walter F. Perkins. ABSENT: Mrs. Charlotte Y. Humphris. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney,~George R. St. John; and County Planner, V. Wayne Cilimberg. Agenda Item NO~ t~ Themeeting was called to order at 7:00 P.M. by the Chairman, Mr. Bowerman. ~-~ ,~Agenda Item No-. 2.:.Pledge of Allegiance~ ?Agenda Item No~ 3i M~ment or,Silence. Agend~~ ItemNo; 4. Other.Matters Not Listed on the Agenda from the Public. Ms. Charlotte Sherman came forward and stated that she was representing the Leagueof Women'Voters¥~ She noted'that~the President of the League, Sandy Snook, generally makes statements, but:Ms~.iSnook~had to,~attend:another meet- ing. Ms. Sherman said that her comments will pertain to an item on the agenda~ but theLeAgpe,wanted~:to~get a statement onthe~ record,,- She asked if this~was_-the appropriate time. Mr. B0werman explainedthat if Ms. Sherman's statement pertains to an item Oh'-the agenda~, then the/appropriate~time for the statement would be when the BOardlis,cons~dering theagenda:item~ MS; sherman then asked-if~it would be possible tO,speak now in reference to the-TJPDC.Regional,:Housing Advisory Panelresolution. ~ ~. Mr~ Bowerman suggested that Ms. Sherman wait to make her presentation until_the~regional housing matterwas beforethe~Board~ ~He said that, he'would allow ,time for public-commentS at that time~i ~ -~.~Next~ to~c'ome~.~forward,-was,Mr~'Ed~Eitelberg~ who said that he,has, resided a~:!:the.-~01d, Satem Apartments ,for the past 14 years. He pointed out the fact that the Colonnades was'just completed a few months ago. This has caused quite! a~bitof traffic problems, because of~ Old Salem~s and:~the'Colonnades' exits~faeing eachother. 'He noted; too;, that the Barracks:Road Market'has an eXit~'in that area~: ~The speed~ limit is'still 45 miles per hour, but he does not see cars going that slow. He asked that the Board consider his comments before somebody~:getskitled or hurt-, because hehas seen several incidents~~'. where,:accidents nearly'hapPened; Hesfrongly. suggested, thata trafficlight be'placed at the spot where these exits are located. He noted that there is also a left turn lane going into the Colonnades, the area is~'quite~,congested and he-thinks~that it deserves a-traffic-light.~ He.askedthat'the,Board consider~his'request·'~'as~soon~as':possible:and install the traffic light because he would hate to tell this Boarda few months~from'now that someone had been hurt orkilled at this spot. He also believes that the speed limit should be changed:in that.~area from:45~miles per hour~>to 35 miles per,hour. ,-~ Mr~ Bowerman stated that~the Resident,Engineer of the Highway Department, Mr. Roosevelt, is~always:presentat~the ' Board,~s:'~day~.meetingS~~ This is-~cer- tainly"something~that~,could,~,bediscussed atthe:~Febrnary*~daY~meeting~, but~in? the~ interim~ he~ suggested-.that, Mr~ ~Eitelberg talk,to, Mrs~ Humphris~ ~,-~.-~Mr~, Clint-Horton spoke, neXt. He~ said~ that he. has-lived in Camelot for fourteen.years~ and~he has been playing golf atPen Park ever since the Park opened~ 'He commented that the'diSparity.between the ' City s,,chargesandthe County'S charges:~is beyond his means, as Welt, as a~,,lot,~of:other people..,~ He admitted that golf~isan,-expensive~hobby~ but he-also~thinks~that the $225~ January 22, 1992 (Regular Night Meeting) (Page 2) M.B. 40, Pg. 53 difference between a County golf player and a City golf player is ridiculous. He then suggested that the Parks and Recreation Departments of the County and City get together and work out similar charges. He noted that he is a senior citizen, but he thinks that the same rates should apply to all people. He said that this parks arrangement might bring about the cooperation between the City and the County which has been talked about for years. He added that if this type of situation cannot be worked out, then he would like for the County to help pay some of the fees, as the City does for its golfers. Mr. Bowerman asked the amount of the fee for County residents. Mr o Horton replied that a person can pay an annual fee, if they wish. It costs $1.50 more per round of golf for a County player. He said that in his partic- ular case, he paid $~425 a year to play golf seven days a week. He stated that to~do the same thing this year, he will have to pay $675, and he cannot afford it. 'Mr. Eitelberg stated that he does not think'~Mr. Horton answered Mr. Bowerman'stquestion completely. The only annual dues charged are for~five.day weeks. If a person wishes to play seven days a week, that person must pay daily for Saturday and Sunday, if that person~ is a senior citizen. 'He. said. that the City charges $300 ~for.the five day week,on an~annual basis, and~the City charges the: County ~people $450 for the same .use of~ the golf i'course. He thinks 'that it~ is unfortunate that there~are ~.only two-. rates, - because a person could live anywhere else in the world and pay the same rates as an Albemarle County.-resident:. He 'noted: that: he only .lives eight tenths~.of a,mile outside of the City limits, and.~he has to-:pay $450 a year if he wishes to play five days .a week. If he. wants to play seven days a week, he ~wilL~have to pay for the~ two extra days. '~ He said. that ir'is a lot of money, and most people think that ,if.~a person is a~'~senior-citizen, then that person is on a fixed- income. He stated that he believes the people who play golf at Pen Park usually have supplemental incomes, even though they also have social security, but those supplemental: incomes, shrUnk last year and will. continue, to shrank, Mr. Tucker suggested that ~the staff provide a report that wilt inform the Board of-the 'differential costs between the ~City and County programs.~ He ~, noted~ that the, County Charges-a~higher~fee for~City residents who use.the Countyl Parks, j.ust~, as the City charges higher'fees for County residents. ~ He explained that all programs ~offered-by the~ City and County-have-differential rates for non-residents. ~ · Mr, Bowerman remarked that~ he: thinks,. it~ would be- helpful- if · the~' Board,- reviewed.the policy.' Mrl Marshall commented that it would'be helpful fgr~him if~ the,:Board :reviewed the policy, because he is not ~sure .how park-fees ,are handled. Mr. Bain:.called attention to the fact that the-Rivanna Park.is owned jointly with ,the-City, and there is a formal, agreement relating to-sharing costs, etc. Mr. Tucker agreed. He 'noted ~that the rates do differ for people living: outside~ of the.County and City. : -- ~Agenda~- Item~ No ;' 5. Consent. Agenda.. Mr. Bowerman pointed-out, that there are, four~ additional'items on the Consent Agenda. that'were, distributed to-~the Board'>members tonight and were not-included in'the packets. He ~mentioned that one of 'these items is~ Consent Agenda Item. 5. 11 which invotves~ a letter~from Mr~ ~ Ray'Pethtet, Commissioner of the Department of Transportation .cOncerning the proposed. Alternative 10 and its relationship to the Agnor-Hurt School property. ~ He .asked that" this item be deferred until the February day ',meeting, so ~that Mrs. Humphris would have a chance~to consider this matter.. ~'.At.this time, Mr. Bain~.made a motionto ~accept the-.items on the Consent~· Agenda as information with the deletion'of~ Item, 5.tl.- Mr'. Martin seconded the motion.: Roll.was called; and, the motion carried.by the fotlowing~ recorded vote: :-: .... ~ - .... ~ AYES: Messrs. Bain, Bowerman, Marshall, Martin andPerkins. NAYS': ~None~ ABSENT: Mrs~ Humphris.~ Item 5,1..-~Copy~of Planning Commission Minutes for January 7, 1992, was received .asinformation. January 22, 1992(Regular Night Meeting) (Page 3) M.B. 40, Pg. 54 Item 5.2. Letter dated December 30, 1991, addressed to F. R. Bowie, from Congressman George Allen, was received as follows: "December 30, 1991 The Honorable F. R. Bowie Chairman, Board of Supervisors County of Albemarle 401McIntire Road Charlottesville, Virginia 22901-4596 Dear Rick: ~As you may know, I was recently sworn in as the United States Represen- tative for the Seventh Congressional District of Virginia. I wanted to take this opportunity~to provide you with the, enclosed copyof~my ~ · - opening speech to theHouse of Representatives. Having been ~in Congress for over a month, and being able to participate as dozens of bills were debated and acted upon, I was asked recently whether ~the operation' or, Congress was better or worse than I had antici- pated... Sadly, the answer was that it is worse than most people could imagine. That is why one of my~first officiat~acts as a Congressman was to co-sponsor the Congressional Pay for Performance Act. The bill will require. Congress to pass all of the general appropriations bills prior to the end of the Fiscal Year, or the pay of Congressmen will be with- held.- This~idea will force-.a discipline on the irresPonsible, dilatory practices of,Congress: . .-, ~ ~- · I have come,to Washington.to fight'~ for: theltaxpayers of the Seventh District, and you can help me successfully represent your views in CongreSs by communicating with my office. Your phone ..Calls and~ letters are~welcome at any time. , , ~ · Finally, if you are~ having, a ~problem with a Federal agency,~.my office may:'~be able to be of assistance. Please do not hesitate to contact my staff or me at any time. It is an honor to work for you in the"United~States Congress. . · Sincerely, - ~ (Signed) - · -George Allen Member of Congress''~ Item:5.3. Letter-dated:January13,-~1991, addressed to'Mr. David~P: Bowerman, Chairman,. from~Mr, John:G, Milliken,.Secretary of Transportation~ concerning the sequencing of the several projects involving Route 29 in Albemarle County. "January 13, 1992 TheHonorable DavidP. Bowerman Chairman, Albemarle County Board of Supervisors 40t~-McIntire Road Chartottesvilte~'Virginia 22901-4596 Dear. Chairman. Bowerman: This is in response~to~our p=evioUs~correspondence·fromformer Chair~ man. F,~R. Bowie concerning ~the. Commonwealth~Tr~nsportation,~Board%s~ January 22, 1992 (Regular Night Meeting) (Page 4) M.B. 40, Pg. 55 intentions regarding the sequencing of the several projects involving Route 29 in Albemarle County. On December 19, 1991, the Commonwealth Transportation Board passed the attached (set out in full below) resolution which states the intention of the Board to adhere to the schedule of improvements as set forth in its November 15, 1990, resolution. In the course of discussing the enclosed resolution, and prior to its approval, the Board agreed to its adoption with the clarification suggested by Board Member Constance Kincheloe, that the resolution was a statement of intent on the part of the Commonwealth Transportation Board tofollow a~partic~lar sequence of design and construction and that the Board would follow that sequence to thebest of its ability and to the extent that it was within its power to complete the pro- jects:as scheduled." ~ I appreciate the cooperation extended by Albemarle County, the City of Charlottesville and the,University of.Virginia~ in attempting_to resolve the issues involvedwith this most important-transportation facility; ~ - Sincerely, (Signed) -- John G.~.Milliken!' Moved by.Mrs. Kincheloei seconded by Mr. Davies, that: .' WHEREAS, in accordance with the statutes of the Commonwealth of Virginia and policies of'the Commonwealth Transportation Board, the Commonwealth Transportation Board by !resolution datedNovember 15, 1990,~approved."the location of,Project 6029-002-122, PE-100, in three phases;~and WHEREAS, the three phases provided for short range, medium range, and long range recommendations for the constructionof the project in conjunction with other projects in the city of Charlottesvilleand Albemarle County; and WHEREAS, by letter.dated August 1, 1991, the Albemarle County Board of Supervisors haSrequested thatthis Board take positive steps to commit~to the priorities:which were set forthintheBoard's resolution of November 15, 1990; and - WHEREAS,~the Board:believes that the orderly:development, and funding of~thevarious projects in accordance with-thethree phases as set .forth in.-the-Boardts resolution, of NOvember 15, 1990, is inthe public interest; and WHEREAS, the Board recognizes-that stateand local transportation priorities shouldbe harmonized'where~possible; and WHEREAS, it isthe sense of this Board that the Department of Transportationadhere to the schedule of improvements as set forth in the November 15, 1990~ resolution; and ' ~ - WHEREAS, the'-Boardstrongly.believesthatthe~Route-29 Bypass should~beconstructed in concert with the remaining construction projects of the CATS Plan after Phase 1 and Phase 2, recommendations of theBoard~s,-November,15~'1990, resolution haS,-~been completed; now therefore .... -- ~ · ~ - BE ITRESOLVED, that the Commonwealth Transportation Board direct the Department of Transportation to take all steps and make all efforts-to complete~the projects-approved, in 'its resolution-of Novem- ber:tS, 1990,~.as~-more~fully set out:in~a-letter to F. R. Bowie dated January 22, 1992 (Regular Night Meeting) (Page 5) M.B. 40, Pg. 56 November 4, 1991 (set out in full in the minutes of November 13, 1991), from John G. Milliken, which is attached hereto and made a part of this resolution. Item 5.4. Memorandum dated January 17, 1992, from Mr. Robert W. Tucker, Jr., County Executive, entitled "School Division Revenue Update." "Attached is a memorandum from Dr. Paskel with recent revenue esti- mates for FY '91-92 and projections for FY '92-93 as of December 31, 1991. I am somewhat encouraged by these figures and obviously hopeful that they will not be reduced any further. You will recall that budgeted State,revenues for schools actually decreased from FY '90-91 to:budgeted figures for FY '91-92 by approxlmmtely $550,000 or 2.72 percent. These attached projections show an increase in State reve- nues~.for FY '92-93:~of $2.2~.million,or 12.4 percent:'for,a total School Division revenue Projection increase of $3.19-million-or 6~3 percent. This is fairly significant when you consider our total School Fund revenue for this year was 3.58 percent over FY '90-91." Item 5.5. Memorandum dated January 16', 1992,~..fromMr. Robert W. Tucker, Jr., County Executive, entitled "1992 PACC Work Program." "The Planning and Coordination Council,(CoUnty, City, University of Virginia) will be having its-firSt meeting of the year in'February.and I am soliciting items of~interest that you may .have,or feel should be discUssed~analyzedby.,,PACC~during 1992~. .The PACCo,Technical COmmittee members, are currently,reviewing potential reg{0~al growthmmnagement strategies and infrastructure needs-. If~there,are~other items that you;~feel would be'~,of'interest~tO the-County:'a~d/or,the, region~for PACC consideration,..pleasecontactmewithyour suggestions:by.'January.:31, 1992." Item 5.6. MonthlyBondReportfrom Arbor Crest Apartments (Hydraulic Road Apts.) for the ~Month-ofDecember, 1991, received~as'informmtion. .: :. Item 5.7~ Copy of the,~Annual Report for, 1991 from the~Virginia Depart- ment of Alcoholic BeverageControl, received as information (on'file in the Clerk's Office). Item'5..8~ Memorandum dated January 16,~1992, from Mr.~, Robert W,~ Tucker, Jr., County, Executive, entitled.!.~Appointment to,the local.Salvation Army.,Board of DireCtors." "I.have recently been contacted by Mr. Brad Eure, a member of the Board of Directors of the local Salvation Army, inviting a member of the Board of Supervisors to serve, on,the'Salvation Army Board of Directors. Mr, Eure indicates,that their Board meets once a month,,usualiy,over lunch, and not,more than an hour to an hour and a half per meeting. He further stated that the Board members 'are responsible for payment of their lunch aswellas the annual awards banquet, hetdby the'Salvation.. Army~ He also stated that:if.this were a problem for a member:-of-our- Board-to share in those expenses he felt some other arrangement could be made. Should any Or, you.be interested~in serving on the Board~of~-.Directors of the SalVationArmy,.or should.~you have any:further questions, ,please feel free to contactme or, Mr. Eure at WCttV/3WV by the end of ~this month." Item,5.9. Letter dated January 16, 1992~ from the Zoning Administrator, to Cora L~ Fisher~ entitled'"Official Determination of Numberof Parcels Section 10.3.1, Tax Map 85, Parcel 11," received as information. January 22, 1992 (Regular Night Meeting) (Page 6) M.B. 40, Pg. 57 Item 5.10. Letter dated January 21, 1992, from the Zoning Administrator, to Garland M. Gay, Jr., entitled "Official Determination of Number of Parcels - Section 10.3.1, Tax Map 99, Parcel 108, Tax Map 99, Parcel 10SA and Tax Map 100, Parcel 14," received as information. Item 5.11. Letter dated January 13, 1992, from Mr. Ray D. Pethtel, Commissioner, Department of Transportation, addressed to Mr. David P. Bowerman, Chairman, re: the Route 29 Bypass and its relationship to the proposed Agnor-Hunt Elementary School. . ~Item 5.12, Letter dated January 17, 1992, from Mr. George R. St. John, County."Attorney, enclosing copy of Order from the United States District Court for the Western District of Virginia re: Board of Supervisors of Albemarle County~v; Edward H:.~and Phyllis O;'Ripper v. National Park Service, United States Department of' Interior~ received as information; JudgeMichael had decided, the,~Ripper'case,involving the blockage of the old Brown's Gap Turn- pike, in favor of the'County. Mr,' B0werm~n called-attention::to the new notebooks furnished with the Board!s agenda:this week. He. said the notebooks should-be returned-to the Clerk.~at the. end of the meeting, and any paperwork the: members-wish keep should, be removed. from: the notebooks~and taken home. He went on'to say that the items that the supervisors don't want to keep can be removed and put into the recycling bins. Agenda Item No. 6.~ ZMA~91-08. Nellie~Moubry. 4 To rezone 9.9 ac from'~R-1 to:R-104 Property_on,~S side;of.Rt 649 approx 750 ft W.of TimberwoodPkwy. Site?in: Hollymead Community recommended for high'density residential-(ll~4 du~ac)~i TM32,P29N.'~RivannaDist.' (Advertised~in the'Daily Progress on~ Januarys7 and January ~4;.t992.) Mr. Cilimberg gave the staff's report and as follows: iUCharacter~'of-the. Area:~' This property is:wooded~and is~ relatively flat on'the majority of thesite.. Areas. of critical-slopes a~e limited toe"the rearlof"theproperty adjacent to a small stream. Several dwellings, are located adjacent~to the site and a church is located to.the south. The Forest Lakes Townhouse B development is adjacent along the rear of the site. The Board of Supervisors has requested that staff identify major developments in the areaof the properties Under'review for, rezoning~ The adjacentForest Lakes development consistsof~436~approved single~familylots:.andl31 approved~multi-family units.. The recent Forest~LakesSouth rezoning (ZMA-91r04)~permits a~maximumof 1200-dwetling-units~ · Applicant's Proposal: The applicant is proposing to rezone 9.9 acres to R~10, Residential', with proffers-. The applicant's proffers are (on file). These proffers include right-of-way dedication,, provision of access to adjacent'properties and theprotection of the stream~and critical'stopes~that are, 0n the property. Devetopment~Impact to PublieFacilities:.~ At the request of the Board of Supervisors, the~-Planning,staff reviews rezoning requests for their fiscal impact=on public and-transportation facilities. This~analysis is~limited'-to those-rezonings that have some effect on facilities that are'identified in our Capital Improvements Program (CIP) or: Six-Year Road. Plan andhave a, cost associated with them, The analysisis~based on-a fair.share determination of a particular development'.s.impact to. affected facilities. It must be pointed out that this analysis~is cursory, due to the lack of information on revenues and the amount-attributable tothis development. The cost outlined by staff-only indicates the proportionate share of construc- tioncosts.fromthe-additionaldevelopmentgenerated by the. rezoning over,by-right d~velopment~ ...... :- January 22, 1992 (Regular Night Meeting) (Page 7) M.B. 40, Pg. 58 The following are those facilities which will be affected by the rezoning request and have a cost associated with them. A. Schools Schools affected by this proposal which have a cost as identified in the CIP are: Broadus Wood Elementary School $ 2,987,511 New Middle School $ 9,268,000 New High School $26,400,000 Albemarle High School Renovations $ 6,068,140 Based on the additional students as estimated by multiplies currently used by the County, a total of 24 additional elementary -students,~16 m&ddle schoOl.students and 19 highschool students are anticipated. Costs, attributable to this development based on the proportion of students is $364,353 or $3680.34 per dwelling unit. Libraries This<'proposaLis~considered to be in the service area Off'the Northside Library ($300,000). Based on the proportionate impact to'library capacity, the proportionate share cost of. this~project is$2475 or~$25 per.dwelling unit. Summaryof Fiscal Impact Pro.iects Total Costs $ BroadusWoodElementary $ 2,987,511 New Middle School $ 9,268,000 New High School $26s400,000 Albemarle High School Renovations $ 6,068,140 Northsid~ Library $ 300,000 TOTALS $45,023,651 Proportionate Costs/DU Sh~e $ 99(DU $ 60,9~5 $ 615.61 $ 98~859 $ 998.58 $32,~68~140 $204,549 $2,066.15 $ 2,~75 $ 25.00 $366,828 $ 3,705.34 Consideration'.o£:the fiscal impact of the development needsto be balanced a§ainst considerations of the County's growth:management policy. Excessive development exactions could have the affect of, discouragiRg utiliZation of'~heholding capacity of area,-and thus, lead to accelerated development in the Rural Areas. Comprehensive Plan: This area is recommended for-highdensityresi- ~ential in' the Comprehensive Plan. Two methods~of*Residentia,1 ~evel- opment design-are: 1.., Preserve sensitive areasas open. space; maintain trees and vegetation, consider siting for solar orientation; and orient ~ residential development to.the natural setting.-.These are virtual "no-cost" factors which tend to provide a more workable, efficient, and pleasing living environment. 2. Base:design on-a'rational use or'land reflecting:topographic and other physical'features~and, natural boundaries of the~site rather than imposing a rectilinear layout intended solely, to.:satisfy, minimum ordinance.requirements. An unproffered. development plan has'been, submitted, which indicates~the site is capable of accommodating the proposed development, without ex~ensive grading or waivers. A buffer has been provided on critical slopes and~ adjacent to the stream on the property. The applicant has also proffered~ area for thebike path across the frontage of the property., This is consistent,with comments of the Comprehensive Plan as stated on page 115. Based on the above comments, staff opinion is that this request is consistent with' the intent of the Comprehensive Plan. ~ January 22, 1992 (Regular Night Meeting) (Page 8) M.B. 40, Pg. 59 Staff Co~nent: The County has attempted in past rezoning requests to obtain a conceptual plan for development in order to determine the relationship of the development to adjacent areas. The applicant has provided an unproffered development plan in order to allow staff to determine if any barriers to development exist. Staff is not able to identify any barriers from this plan. Staff notes that during site plan review, staff can ensure that the development satisfies the requirements of the Zoning Ordinance. Development of the site will require significant clearing of the woods on site and this development will be visible from adjacent properties and the state road. During the time of site review, landscaping and a detailed grading plan will be required in order to ensure compliance with the Zoning Ordinance. The'applieant'has~provided proffers which address the items of concern bY staff. These proffers are the same items which would be addressed through a proffered plan. The applicant has submitted a proffer which grants,access,to adjacent properties. While no access is anticipated at'this time, should~these parcels develop,, the, allowance of~ access to this_parcel may reducethe: total number of, entrances on Route 649 and provide for internal circulation between developments. The provision of access to adjacent properties~isconsistent with Sections 18-37(a) of the Subdivision Ordinance and 32.7.2~4 of the, Zoning Ordinance. Improvements to Route 649 are shown in the-~CATS study and a bike path is shown in the County's Bike~ Plan. Theapplicant~ has, submitted proffers which anticipate~these ,improvements by dedicating and reserv- ing the necessary right,of-way; Staff opinion'is that this request is in,compliance with'the Compre,~ hensive Plan and the Zoning Ordinance-for the reasonssta~ed above~ Therefore, staff recommends approval, of ZMA-91~08 subject to the acceptance of the applicant's proffers .... ~ ~ 1, The applicant agreesthat,any plan submitte~for review~to~the County after rezoning will:~honor a,minimum50 foot building setback buffer (utility construction is not restricted) from the -,existing drainage swale at the rear ~of Parcel 29N; the buffer will exceed 50 feet from the point where contour 498 leaves the -50 foot buffer, and follow-contour~4~8 to~the,western~property tine in order to prote~t Critical~slopes in.thee, buffer ,area. A topographic and boundary sketch dated November 2~, 1991, is ~ attached for visual clarification~ 2. [~ The.applicant: agrees that any plansubmitted to: the County, after ''rezoning.-wilt:'inClude~areasreserved for construction, of connect- ..lng internal..roadsrw&th::§0,foot rights-of-wayto~adjacentproper- .~-ties., withthe.exception,of Forest Lakes, townhouses, for future access as~ the County may deem necessary. The applicant shall not he'obligated for--,'the cost of construction of: suchconnecting internal roads.~ 3. The applicant'agrees to dedicate a 30 foot:strip,across the~State Route 649 frontage'and reserve an additional 30 foot s~rip for futureroad -improvements by. the County of ~Albemarle or V DOT. 4. The applicant~agrees to reserve up to nine feet beyond the.30 foot,'dedication and 30~foot reservation aforementioned, for construction of a bike path. The applicant shall not be obligat- ed: forthe'cost of construction of such bike path, Mr.~ Cilimberg said~,-the--Planning Commission, at-its meeting on Decem- ber 17, 1991, unanimously recommended approvalsubject, to acceptanceof the applicant's proffers as, set:o~t:above; Mr. Bowerman asked fora definition of a prescriptive easement. Mr,. Cilimberg responded that,,a-prescriptive easement-is:the-right, for a-road, for public usage to go across:over private land. He said that it is, an old easement that predates-highway, rights-of,way. January 22, 1992 (Regular Night Meeting) (Page 9) M.B. 40, Pg. 60 Mr. St. John wondered why the right-of-way was being changed from a prescriptive easement. Mr. Cilimberg answered that VDOT had requested right-of-way dedication or reservation because this road may be improved to four lanes, and the right-of-way will be needed. Mr. St. John then asked if the staff is demanding of this applicant that the right-of-way be changed. Mr. Cilimberg answered that the staff has not demanded anything. He said that the staff has responded to the applicant's problems, and the applicant has proffered this expanded right-of-way at the request of VDOT. Mr. Cilimberg next stated that the additional 30 feet that is being reserved would provide for a total of 60 feet from the centerline to accommo- date a 120 foot right-of-way should Route 649 ever be upgraded to four lanes. There are no planslfor reconstruction of Route 649 at this time. He added that there is another reservation for nine feet for a possible bike path, and this might be constructed along with Route 649 improvements. Mr. Bain,~asked the required minimumwidth of right-of-way ,for a four lane road by VDOT. Mr~,Cilimberg,replied that¥~OT officials ,prefer a 120 foot right~of-way. Sometimes there can be less, of a right-of-way ,if the roadbed and ,the Cut and fill-~slopesare not that great. This is Why the staff, has not been able to determine any more than a standard 60 feet to be dedicated to,. ~ allow for the four lanes. Headded that ,because of the symmetry.to,the north, the road may have-to be changed,-which mightmean, that additional right-of-way would be needed. However, there are no plans for additional right-of-way at this time. NeXt-, Mr. Cilimberg explained that there isan?undisturbed ,buffer pro- Vided for the critinal s~lope~,area and thestream in the backof, the property. This will be an undisturbed buffer except for the allowance for utilities. He added that there'.is a manhole available for, the sewer line~ so there would be some disturbance necessary .to get sewer service to this property~ Mr.-Martin asked if. the Church that' is mentioned in the staff-report-is the Maple Grove' Christian.Church. Mr. Cilimberg said "yes". Mr-..Martin then w.onder~ed~if the house t~mt is shown on' the, map woUld~ be' relocated.-Mr. Cilimberg pointed ~out a structure on the map,~ He added that this particular site:has no',structure~on it. , There.were no further Board comments. Mr,i Bowermanopened:-the public hearing. Ms.? Marilyn Gal~, of RoudabUSh, gale' and Associates~ stated that she is representing the applicant, Mrs. Moubry~ She said that since Mr. Cilimberg has already gone over the proffers, she would be gladtoanswer any questions~ She noted thatshe does nothave any technical information at this point. She said that any plans that have been done relate to what the land can hold and tO prove that R-10 is a viable density for the property. Mr. Bain asked if any contract is contingent on the Board's approval~of this: application. Ms. Gale replied that,Mrs. Moubry is undecided whether to proceed wi, th the project becauseof the Forest Lakes Development. Ms~. Gale,: explained that one of the neighboring parcels had recentlybeen rezoned to add to the Forest Lakes property. She said that this is somewhat an incentive for Mrs. Moubry to look.at the value of her property and try to enhance the property for herself rather than for the benefit of the developer. Mr. St,~John, ca. lled attention to the proffer relating to the 30feet of property that will-.be dedicated now'and the-reservation of: an additional 30 feet~ He doest-not believe that-by accepting]this proffer, it-~wil~aut~omati-, cally take~ place. He said that there has~,to be'a~deed~ or if the property is subdivided, the subdivision plat will have,to'havewritten on :it that this~ portion of th~'property is dedicated for this use~ He asked that this infor- mation be kept in the record, .so it won't be overlooked. Ms. Gale asked that.the proffer~ be clarified to state that the 30 feet of property wohld be dedicated at the time a-site'planor subdivision plat is submitted to'the, County~ Mr. St. John agreed that this'would be a good wayto handle the matter-. Mr.-Cilimberg-stated that the matter would, be:handledthat way, anyway. . ~ January 22, 1992 (Regular Night Meeting) (Page 10) M.B. 40, Pg. 61 Mr. Bain asked Mr. St. John if he thought language needed to be added to the condition. Mr. St. John answered,"no." He said that this was unneces- sary. Mr. Bain then moved approval of ZMA-91-08 for Nellie Moubry with the four proffers as submitted and approved by the Planning Commission, that is: Accept proffers 1, 3 and 4 as set out in letter dated November 22, 1991, from Ms. Marilynn R. Gale, L.S., Roudabush, Gale & Assoc., Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County Planning Department; and subject to proffer as set out in the letter dated December 9, 1991, from Ms. Marilynn R. Gale, L.S., Roudabush, Gale & Assoc., Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County Planning Department, all as follows: The applicant agrees that any plan submitted for review to the County after rezoning wilt'honor a minimum 50~,foot building setback buffer (utility construction is not restricted) from the existing drainage swale.at the rear.of Parcel 29N; the buffer will exceed 50 feet~from the pointwhere contour 49g.teaves the 50 foot buffer, and follow .contour 498to the western property 'line in order~to protect critical slopesin the buffer area. A topographic and boundary sketch dated November 22, 1991, is attached for visual clarification. .The applicant.~agrees that any plan submitted to the County after rezoning will include areas reserved for construction of connect- ing internal ~roads with 50 footrights-of,way to adjacent proper- ties, with the exception of Forest Lakes townhouses, for future access as the County may deem necessary. The applicant shall not be obligated for the Cost of construction of such connecting internal roads.. The applicant, agrees to dedicate a 30 foot strip acrossthe State Route 649 frontage and reserve an additional 30 foot strip for future road improvements by theCounty of Albemarle or YDOT. The applicant agrees to reserve up to nine feet beyond the 30 foot dedication and 30 foot reservation aforementioned, for construction of a bike path. The applicant shall not be obligat- ed for thecost of construction of such bike path. Mr. Marshall seconded the foregoing motion. Roll was called, andthe motion carried by the following recorded-vote: January 22, 1992 (Regular Night Meeting) (Page 11) M.B. 40, Pg. 62 AYES: Messrs. Bain, Bowerman, Marshall, Martin and Perkins. NAYS: None. ABSENT: Mrs. Humphris. Agenda Item No. 7. SP-91-68. James M. Johnson. For a home occupation Class B on 0.4 acs zoned R-2 and EC Overlay Dist. Property located on E side of Rt 631 approx 400 ft N of Pinehurst Court. TM90A,SecA,P20. Scottsville Dist. (Advertised in the Daily Progress on January 7 and January 14, 1992.) Mr. Bowerman stated that the applicant for SP-91-68 is requesting a withdrawal. He said that usually this type of request is granted. Mr. Tucker explained that the staff had learned today, from the appli- cant, that he is requesting withdrawal of the application. Mr. Tucker said, hoWever, that a letter,' has not been~ received from-the applicant specifically stating that he wanted to withdraw the application. He reminded the supervi- sors that their.~policy has been that unless the applicant appears before this Board to request the withdrawal in person, the matter is deferred until a letter is in hand or the applicant is present at a Board meeting. Mr. Tucker then requested that this matter~ be deferred un,tiL Februa~ry 12._ He~.said that the applicant has~ indicated that the~letter will be provided befoze the~ February 12 meeting~ ~-- At this time, motion was offered by Mr. Bain, seconded by Mr. Perkins, to defer SP-91-68. until February 12, 1992, in accordance with Mr. Tucker! s explanation. Roll was. called, and the motion carried~ by the following record- ed vote: AYES: Messrs. Bain, Bowerman, Marshall, Martin and, Perkins. NAYS: None. - ..... ABSENT: Mrs. Humphris. AgendattemNo. 8. Report from'TJPDCRegional-Housing. StrategyAdvisory Panel. Mr.~Tucker presented .the following memorandum dated January 15, 1992, from Ms. Karen Lille.le~t~) Chair, Albemarle County HousingzAdvisory Committee~: -"The:~National Affordable Housing Act of 1990 Offers some new opportu-; nities, for Albemarle and other regional jurisdictions to make inroads in our housing problems. It also requires a plan,-or Comprehensive Housing Affordability Strategy(CHAS), laying outhow such money would be. spent. The Albemarle County Housing Advisory Committee is preparing a report for the Board of Supervisors on Albemarle's housing situation and a strategy to address its housing needs, but this report will not be a housin§ strategy for the. entire region. <The only~regional jurisdicr tion to have its own CHAS is Charlottesville, which is required to have One because it is an entitlemen~ city. A'new .HUD program,,.~ Housing Opportunities Made Equai'~.(HOME), offers new federalfunds for housing rehabilitation, new construction of rental ~and owne~-occupied units, and for rental assistance such as' the Section 8 Program. Housing non-profits and governments may apply for a'portion of~ the state allocation or-HOME.funds with or,-withouta. locat~or "consortia!" CHAS. Additional funds are.only available through local governments which prepare a consortia CHAS. These funds will be urgently needed in the next few years by local affordable housing groups which have theexpertise'and traak,records to attract~ and. make effective use of them. In additionto providing additional, federal, funding~for Albemarle. County hous~ing initiatives, the consortia CH_AS. will: help .articulate Albemarle County's needs and desires to other regiongt~urisdictions.;and January 22, 1992 (Regular Night Meeting) (Page 12) M.B. 40, Pg. 63 - encourage rural counties to provide affordable housing for their own people using financial incentives available only through the CHAS process. While a consortia CHAS may take one of several forms, the advisory committee prefers the six-jurisdiction approach for its inclusiveness of our social and economic region and recommends it to the Board of Supervisors in hopes that the Board may take the appropriate steps before March 31, 1992, to pursue this option of housing funding. Recommendation: The Committee recommends that the Board: (1) author- ize the Thomas Jefferson Planning District Commission to prepare a draft six-jurisdictionconsortia~CHAS document for their review and :approval; and, (2) notify HUD on or before March 31, 1992, of Albemarle County's intention to file a consortia CHAS by August 31, Mr. Tucker then presented the following "Update on Initial Findings of Panel~and.:Interest inApplying for:.Funding from. Housing and Urban~ Development HOME Pro:gram" from .the Regional HoUsing Strategy A~visory Panel, date~.Janu- ary 6,~1992:. !'Background: The Regional Housing: Strategy Advisory Panel first met in March, 1991 to develop a coordinated strategy for addressing the region's affordable housing needs, The~ Panel' consists of citizens appointed, by eachlocal government= in, the Thomas Jefferson Planning Dis.trict.'.~Staff and. community groups involved in housing have also participated. Ms. Deborah. Murdock of:'Fluvanna Countywas elected to serve'-.as Panel chairman. The Panel has developed a regional mission .statement and a series of goals intended to address the region's housing needs. The Panel recognizes that each locality mustdeterminethe.housing activities ~- best-suited to that: tOca!ity~ The initial ~{indings-of thePane~, including tentative priorities:for each.locality, also. is included as an attachment to this memo. Ta-:~advance.:the Panel's mission.of achieving a regional'.batance of safe, decent end'affordable housing., the.Panel has' investigated~the possibil- ity of applying as..a~region for~ funding under the~Housing and Urban Devetopment:(HUD) HOME Progr:am.~ -. ~MOMEProgram. TheHUD Rome program is a result or,he Cransto~ Gonzatez National-Affordable Housing Act and provides funds for housing rehabilitation, rental assistance (such as the Section 8 program which assists low-income .families in.meeting fair market rents)~ p~operty 22acquisition and new construction. Funding is'based on a need formula developed.'by:HUP~...- - In or.der to. apply 'for HOME funds, the-..six member iocaliti.esin, the Planning District would enter into a legally binding cooperation agreement that would be in effect for at least three years. The region also. wo~ld.be, required to submit a COmprehensive. Housing Affo~dability. Strategy. (CHAS) to~ HUD, which containshousing data'and a five year- stra~egy..f.or meeting the hoUSing needs of, very low and :low-income citizens.. ~As a HUD entitlement city,, the City of Charlottesville has already prepared a CHAS and the regional CHAS could be an expansion of th~' ~ha~16ttes~ille:CHAS. Le§al~Status: Each participating lotality must enter intone legally binding.agreement: authorizing one local, government to:act in'a"repre- sentative, capacity for. all participating.governments. HUD may prefer that the'City: of Charlottesville act 'in this representative, capacity since'it is a HUD entitlement city, but the Advisory Panel recommends that-the. Thomas Jefferson'Planning District, Commission-serve.as-the managing body for the HOME Program. Matching Funds Requirement:HOME funds are to be matched by.non- feder:al funds unless HUD: approves~a request to-reduce,the .match require- ment. The .-amount of match,varies, from program to pzogram~. New rental January 22, 1992 (Regular Night Meeting) (Page 13) M.B. 40, Pg. 64 assistance programs, rehabilitation and property acquisition require a 25 percent match. Substantial rehabilitation requires a 33 percent match and new construction a 50 percent match. Matching funds can include cash, the value of fees, taxes or other charges that are waived, the value of land or property, the cost of infrastructure development, such as water and sewer, and below interest rate loans. Panel Recomm-a~dations: The Regional Housing Strategy Advisory Panel recommends: (1) support of the intent to apply to the HUD HOME pro- gram. A letter of intent must be submitted to HIIO by March 31, 1992. A draft Resolution of Support is enclosed for your consideration; and (2) extension of the charge of the Regional Housing Strategy Advisory ', Panel. throUgh~0ct0ber, 1992 in order to oversee the preparation of the · application to the HUD HOME Program," Mr. ~ucker informed~the Board that Mr. Bill Wanner, from the TJPDC, and Mr. Dorsey Wilberger and-Ms. ¥irginia Greenwood from the Regional, Housing Strategy,Advisory Panel~had a brief presentation~ regarding their recommenda- tions~and findings. ,He said-that the staff and the Albemarle County'Housing Advisory Committee both support these findings, and recommendations as outlined in the Panel's letter of January 6, 1992. He said that the staff is recom- mendi~th~Board~sdsupport of.these initiatives, and adoption'of the resolu- tion which was part of the information distributed'to theBoard, and supports the County's application for a HUD HOME program. He then~asked;Ms. Greenwood to make~ the presentation. Ms.~Greenwood~ stated that She~was appointed b~ the Albmm~rie' County Board of Supervisorsasa citizen memberof, the Albemarle County Housing Advisory Committee and the Tho~m~ Jefferson Regional Housing Strategy Advisory Panel. She said that the Panel is ,asking that this Board give the request its serious review, and support~,~She saidthat if there were .questions about theSpecific program, she'would like ,~or Mr.-Wanner to. r~spond,~- .... Mr~Bill Wanner saidthe City-of Charlottesville-isan entitlement city for RUD~funds, and the~.City of Charlottesville passed aresolution relative to the program last night. He,thinks that this program allows the entitlement community~to~include~nOt only the City of Charlottes~ille, but the growing metropolitan area of Albemarle County and'the other, four counties in the planning district that are more,'rural. He noted that the influences of the. dynamics~ of the~housing mmrket affect all of the region significantl,y. He said this is an opportunity to provide an ongoing annual pool of funds to the County.~-He added that the' County of Albemarle would contract with kVdD~ for the specifics'services Albemarle County officials would like to 2see the~HOME funds used for. He thinks this will allow for, the ability to provide~what is needed fo~ affordable~housing, but~there is-also the~ ability, within the-~programto~ keep,~tocal control anddecide~specifically what,the County wishes to do with the funds. He,said that he Would beglad to answer questions. Mr. BoWerman'asked,how~Albemarie's specific Par,ticipation dovetails-with the r~solution and the ~regional aspect. Mr, Wanner~'answered,~hata resolution of supportis needed,,from each elected body,that wishes toapply to the'HUD HOME program~ The'requirements are that an entitlement city in a metropolitan area, suchas theCity ofCharlottesville, wil~-be included in the program, and that any localities'and counties that border on~ that entity can?be includ- ed~,,He added,that in a sense, Albemarle draws the rest of the region in and allows thepossibility of~ that occurring,~ He'noted.that any~configuration .could occur. He said that Charlottesville and Albemarle could participate in this program,.and add.other localities in any year, that comes forth~ He reiterated tha~ Albemarle County is the key to expanding'the program to the,~~ region~ ~ ~ ~ Mr. Bowerman: asked if the application would,'be made on a. regional basis and if the City and Albemarle County could make a specific grant request. Mr. Wanner answered~that ~his is~ correct, The application would be~ made to Hb~ by March BI with a tett~r of~ intent~outlining,~t~e~,legal, structure :of the docu= ment., The Panel would like to take, the time between'~March and October, when the, federal fiscal year begins, todevelop the five ~ear strategy, which~ is a comprehensive affordabili~y study (CHAS),~and isa required document. ~This January 22, 1992 (Regular Night Meeting) (Page 14) M.B. 40, Pg. 65 would be an expansion of the City's CHAS which has been prepared to include specific elements for Albemarle County and any other counties that partici- pate. At that point, HUD would make the determination based on the need an~ the appropriation for the HOME program to Albemarle County. He stated that Albemarle County would then implement the specific strategies for that first year with the funding that is provided. He said that the particular activi- ties in which Albemarle County would wish to participate would be reviewed annually. Mr. Bain asked if the-matching fund requirements would involve dollars being allocated from this Board, or would it involve grants, etc. Mr. Wanner responded that there is no expectation of a direct match of funds from Albemarle County.~ He.~said that any non-federal source qualifies. He noted that the~Virginia Indoor Plumbing Program, the Housing Partnership Fund and VHDA reduced interest rates all qualify toward the matching funds. He added that there is ~ seven percent credit fo~ administrat, ion,~and he thinks tb~t the appropriation that Albemarl~County makers to AHIP. would, count toward that match. He doesnot believe that-.the funds wouldeve~r exceed the match that AHIPnow receives. He talkedwith~Ms~ Teresa~apscott last week, and her only reservation was, that~if she was trying to use her funds to match other pro- grams, then~.she- may get.into the position of needing additiona~matching- funds. He said that since any State program qualifies,~the intent would~ be to have a package that could use other funding. Mr. Bain commented, that Charlottesville is an entitlementcity, yet there is a recommendationthat the Thomas Jefferson Planning District staff manage the~program. He thinks the regional approach is better,, and that the~Thomas Jefferson Planning District staff should be. involved:~ He,asked, if~ thisis the caSe, where ~he',City fits into the program. Mr. Wanner .replied~ that,, from HUD'~s perspective, the City, as an entitlement city, has gone throughevery~ thing necessary robe included in the. program.~ He ~s.aid that the intent or-the HOME. program is'to recognizethat metropoli:tan-areas, such as the City of Charlottesville and a growing, county such~as Albema=le, would cooperate. It may:be,that another locality-could be the~leading, agency,.but, administra, tively,-HUD officials would find it easier to work with ..theCity. .... Mr. Martin asked if there was not already an entitlement community, would a community have:to apply and go, through all of the procedures to qualify as an entitlement community. Mr. Wanner stated that this is correct. He went on to say-that AlbemarleCountyCould~-apply apart separately from the. City of Charlottesville, as a growing metropolitan county~ He does not see any real advantage to it~ however. Mr~ Bain'said that-thereport indicatedthat for~ legal purposes~ the City was the. entitlement community, but it'. was recommended that the T.JPDC staff be the managing body. Mr.,Wanner responded that Mr~.~Bain iscorrect-.~, He said that this has been cleared with HUD officials, and they find~ it~acceptable. Mr~ Bain wondered if this needs to ~be part'of--~the'resolutio~ Mr.,Wanner answered that this-may be desirable,~i'f theCounty Board wants to be that specific~ He thinks thatAHIP or the Housing Office in the County will be the ones thatwitl~ be~.implementing .the ~activities in which~Albemarle~ County. will ~ beinvo~ved for thatyear. He-believes that the Planning District will prepare an annual 'report ofitems~accomplished and will look atregulatory and other affordable housings.on a,regular basis.and, make'a report. ,Mr.-Martin asked if between now and October, approval will be sought from this Board or will information just be given to this Board. Mr. Wanner~ answered that he,would prefer that approval be receivedfromthis Board~.~ He thinks that it would~ beremiss of the Planning District Commission.not to come back to.this Board several:t~imesdur.ing the~Commission's deliberations. He would have,to examine the~ regulations as~,far~ as~ wbmt. should be submitted to this Board, but it-may be that an additionatresolution will he. needed before .the final~ document~ is~submitted. He thinks,~ that this is the situation with -~ the'.City~'of Charlottesville'sCHAS program. The~.City had to have a public hearing~and a formal resolution had to be adopted by Council. ~Mr~ Martin asked if:after approving this resolution everything would then be brought baaktothisBoard in stages for approvat.~ Mr. Wanner.replied that Mr. Martin is, correct.~ He pointed out that appr~ovat of this~resolution will January 22, 1992 (Regular Night Meeting) (Page 15) M.B. 40, Pg. 66 obligate the County for a three-year period if HUD the application is ap- proved. Funds can revert back to HUD, if they cannot be used over a two-year period, so, in a sense, the County is not obligated to use the funds. He noted, however, that the County would be obligated to the basic intent of the HUD program, which is to do rental rehabilitation, expansion of the Section 8 rental subsidy program, new construction and property acquisition, etc. Mr. Bain stated that if the Board approves the application, it will just be to start the procedure. He believes this Board will still haVe the right to make its decision about the program when the information comes back to this Board. Mr. Wanner answered that he was not sure Mr. Bain was correct. Mr. Bain read:from thedraft resolution. He said it seems to him that the reSolution only supports a regional intent to apply for the HUD HOF[E program. Mr. Wanner said Mr. Tucker would act as the agent for the Board in relation to< this~document. The City Attorney wOuld preparethe document-to be signed by all who' wish to participate. He said itappears to ~im~that by approving this resolution and having Mr. Tucker. act as the agent of the Board, ifil{LID approves it, then it does obligate Albemarle County to participate,~ at least within the broad parameters of the program~ for:the three-year period. Mr. Bain then read from Ms. Lilleleht's memo. He said the recommendation in this memo indicates that~ information willbe coming back to this Board'~ before, the end of August~and that iswhy he~believes that even if the resolu- tion is approved, the Boardwould have the right ~for review andapproval. Mr~ Wanner agreed. He said the only thing this Boardwould not have the right to do would be to not participate in the program at all. Mr~. Tucker said,~tha~ the County would not have,to' participate, if~it did not utilize=,the funds. Mr. Wanner'said this is true, but the.County would be o'bligated~o provide.affordable housing. Mr~ Perkins. asked what is meant by, "increase mixed.use," under "Local Housing Priorities forAlbemarle" as is shown on the Summary.ofFindings sheet.~iMr. Wanner replied that, ".increase mixeduse," meansdifferent de, si- ties of housing. Mr. Cilimberg stated that mixed.use.can also'mean a planned, development concept where there may be varying densities of:residential~areas as welt,,as commercial office, where services could ~be provider for the population. Mr. Wanner remarked that:the HOME program, allows for up.~to~20 percent'of non low and moderate income participation in theprogram, He said that a community could be developed that would be mixed in income, and he believes that this is a desirable approach..~-He added that the Home program would capitalize on the growth area concept~. He saidthat these are the initial'findingsof the Panel, and he wanted toshare this with the Board now with the idea that the different findings could beconsidered specifically. He went on to say that the Panel wanted tobring all of these things to-theBoard."s attention to make sure thatthe Panel is heading inthe right-direction~ Ms. Charlotte Sherman read the following prepared statement from the League of Women Voters: "The~-League of Women Voters has been working and continues to work on the national, state, and locai levels for safe, affordablehousing for low and moderate income persons. The League also works'for, and sup- ports region~ planning and cooperation. Therefore we hope you will endorse the. Planning District Regional~ ComprehensiveHousing -Affordability Strategy,(CtlAS). We understand, that with a regional CHAS, the region can~apply for funding under the HUD HOME Program for housing rehabilitation, rental assistance, property acquiSition'and new construction. We further understand that in order to apply for HOME funds, the six mea~ber localities in the Planning District would enter into a legally binding cooperative agreement which would be in effect for at least three years. January 22, 1992 (Regular Night Meeting) (Page 16) M.B. 40, Pg. 67 It is critical that the County join this regional effort, not only because the County sorely needs more money for affordable housing, but also because the localities in the consortia must be contiguous and this would be impossible without Albemarle. If, as we've been told, current County housing funds can be reallocated, and the program of the Albemarle Housing Improvement Program (AHIP) incorporated in the match, this regional effort won't cost the County extra, but will bring additional federal funds to help area residents. We urge you to sign and send to HUD the Resolution of Support prepared by the Regional Rousing Strategy Advisory Panel and to expand the charge of the panel to seek HUD funding." At this time, since there was no one else who wished to speak, Mr. Martin moved to adopt'theResolutionof~Support for theregional pursuit~of,HUD Funding, and the extension of the Regional Housing Stratsgy Advisory Panel's tenure, along with an accompanying statement that this Board endorses~..the AdvisoryPanel's recommendation that the Thomas Jefferson Planning District Commission serve as themanaging body of the HOME program, and to authorize the Chairman to sign on behalf of the County. Mr. Bain seconded, the-~motion. Mr.,Marshall thankeg-Ms. Greenwood fortaking~time out tovisit with him last Thursday and explain the progr~am to him~ Resaid that he,probably would have voted against the motion if She had not done so. Mr. Bain stated that he thinks this is a continuing step to improve the housing situation. Re- said~ that.~he-is in favor of the program~ ~ .-, ~ Roll, was' called,~ and the mo~ion~ carried.by the following recorded vote: AYES:, Messrs. Bain, Bowerman, Marshall, Martin and Perkins. NAYS: ' 'None .... ABSENT= Mrs. Rumphris. (Note: The~'re~otution,-as adopted, is set out in full below:) 'RESOLUTION OFSUPPORT FOR (1) REGIONALPURSUIT OF HUD FUNDINGAND (2).'EXTENSION OF THE'REGIONAL HOUSING STRATEGY ADVISORY PANEL' S TENURE ~' WHEREAS, there is aneed to develop, a regional housing strategy for the localities in.t-he ThOmas Jefferson-Planning District, and WHEREAS-, the regional housing strategy should address the issues of the provision.of.affordable housing, of the rehabilitation of substandard housing, and of the development of programs that promote .homeownership~ for all constituents in the Thomas Jefferson Planning District, and WHEREAS, the HOME program offered by HUD provides an opportunity for the localities within thelThomas. Jefferson ~Planning District to develop, and implementa regional housing strategy ~and to secure federal funds'to'implementthe.strategy, and WHEREAS, the work of the Regional Housing Strategy Advisory Panel is required~tosee~ the preparation of. the Comprehensive Rousing Affordability Strategy (CH~S) through.to.-completion by Octobe~,1992, and -- ~WHEREAS.~ theAlbemarle~Board of'CountySupervisors'endorses the Thomas~Jefferson Planning District Comm~.ssion to serve as managing body)~ (1) THEREFORE BE RESOLVED THAT the Albemarle Board of County Supervisors does support aregional intentto apply for the HUD HOME January 22, 1992 (Regular Night Meeting) (Page 17) M.B. 40, Pg. 68 program by March 31, 1992, and so authorizes the County Executive to act as the agent of the Board, and (2) BE IT FURTHER RESOLVED THAT the Albemarle Board of County Supervisors does expand the charge of the Regional Housing Strategy Advisory Panel in order to apply for the HUD HOME program by October, 1992 and to seek HUD funding. Agenda Item No. 9. Report on request by Benton Downer re: The Galerie Restaurant Property. Mr.'Bowermanexptained that the Board had earlier asked Mr. St. John to review some material in reference to Mr. Downer's request concerning the Galerie Restaurant property. Mr~ ILainwithdrew fro~ participating in thi~ discussion b~causemembers of his firm represent the seller of the business. Mr. Tucker remarkedthat Mr. St. John has reviewed this material',i and he is prepared to make a statement. He noted', though, that there were no pre- pared Statements or-comments for the Board. Mr. St. John stated that he was not present when the request came before the Board-lasT'week. He has since talked'with Mr.,Downer,,-and from the facts as he understands them, he has formed an opinion in answer to the questions that he received from the Board, His understanding is that this restaurant has been a restaurantsince before 1969. Albemarle County has had~ zoning taws since 1968, so the restaurant is pre-existing, as far as zoning is concerned, and-the property-has been zoned for this use. This is one of those areas where it would have been spot zoned, if it was zoned for commercial use. The fact is~that~.~this~se~a~r~ady:exist~dvther~.s~hthe~perty~was~.given~th~s~ Mr. St. John said that in 1969Hurricane Camille.washed away the~septic field~, andthis resulted in a,topographic situation wherethere.could not even be one'septic field approved by the Health Department, hardly one septic field and a reserve. Because of this situation, a contractor dug a cesspool on the property. Mr..St. John describedhow a cesspool is built. He,~said that instead of the sewage seeping into the soil if the cesspool.overflows,~a pipe takes it out-of the pit. This partiaular pipewent directly into the Mechum River. This.was never known by the Health Department, and it is his under- standing that it would never have~.been approved by the Health Department had it been known. There is no reason to believe that the owners and the restau- rant operators intentionally~violateR the law, but, nevertheless, there.has been a situation there since 1969 that has not met legal requirements. Mr. St. John Said that~someonenew~.came~..atong to take. over~the~tease.-and buy2the restaurant?~and this-person,wa~ted:the, Health Department to look at the septic system. At that time, the Health Department found the violation and would not let it continue.- -, , Mr~-St. John said.he understands that the owners would like to,connect into~the Crozet interceptor. He:pointed out that the Crozet interceptor is not owned by the'-Albennarle County Service~ Authority.~:This is a RiYanna. Water and Sewer-Authority~.line. He said that RWSA was.formed in 19,74, and it is'an umbrella agency that owns the.big trunk lines. He-stated that it has only:two customers.; the City of Charlottesville and the Albemarle County Service Authority. RWSA has no retail customers, and it is unwilling, to let--any : connection be made, He added that .this is:a policy'problem, but there is: also an engineering problem,~ in that if a: connection .is made. at the-po.int~.where the restaurant is located, the-connection will be made to the. link of the Crozet interceptor where-there isa force-main. He noted that-, it-is: hard to~.connect to a. forcemain~ There. has to be pressure-going into-that main higher than the pump that is pumping the sewage through, the main,.'or else the sewage:would go into the restaurant. He said that there have to be a lot of valves, etc-., to.prevent this from happening, and theHealth Depart~nent and engineering practices.require redundancy. It'can be done., but. there, has to be a. backup set of valves and pumps, etc.. He-stated that it is his understanding that RWSA does not want to. allow this. connection~. Mrl Tucke=,said..thatis correct. January 22, 1992 (Regular Night Meeting) (Page 18) M.B. 40, Pg. 69 Mr. St. John said the remedy is for the owner of the property to pipe the sewage up to where a connection can be made to the gravity portion of the line going to the Crozet interceptor. He said that this is also against RWSA's policy, but at least it would not require a connection to a force main. He explained that the owner would have to get easements across other people's land for at least three quarters of a mile. He went on to say that another remedy is to acquire easements for a septic field on adjoining land. He said that he is unsure about this type of situation, but it is his belief that permission would have to be received from all of the adjoining landowners, and the owner would have to pump to the level of the septic field on the adjoining property, because his land is in the flood plain. He stated that to get to any land where there can be a septic field, pumping is involved. Mri St. John said that because of the severe problems involved, the owner is interested in the pump and haul situation. The basic question is, if the Board, denies the.pump{and~haul permit, would this'-Board ~be'engaged in a taking of~this.property~ without just compensation since.~.thereis very little that can be done with the~.~property-if the permit .is: denied.. He added that another question, is whether.or not.~theowner, has a. vested right to continuethis use. He said that, in his mind this is the same question. Hewondered if~the owner has a vestedright to continue andthe vested right is taken~away~,~ wouldthe Board be engaging in thet-aking of the property~without just compensation. He noted that the Board had' also wanted to know if, whether in Mr. St. John's opinion, granting this permit-for pump and haul operation at this point, even though,it would be.temporary, might amount to an assurance on the County's part. that a solution would be found~for the owner. Hewondered, too,~if the County Would. be bound to approve whatever solution the owner found for this property. He stated-that if a pump and haul permit is given to the owner, this is going to be an encouragement to buyers, looking at the' property to 'go ahead and make an'investment-on this property. It is Mr. St. John's opinion that if. this pump' and haul permit~ is'~granted on' a, temporary basis~ then buyer, is enCOUraged to invest i~this; property, and the' Board has implicitly assured the buyer that'theBoard will either renew the pump and haut permit or governmental relief wilt. be available for this situation. Mr,-St. John said that if this is going to result in some kind of proceeding-against the~County where the. County is engaged in a taking of the propertyor an unlawful refusal to.allow this connection, he would rather, see it happen now than to see it happen a year fromnowafter the pump and haul permit has been granted, and it expires and this Board won't~ renew it, He thinks that there is a stronger case now"fordenYing thepermit than there will be'a year from now. He noted that the judge would wonder why. this Board let the owner have the permit if it could be seen that there was no way to get sewage disposal on the property. Mr.~St~ John .said the applicants ,have agreed to put into writing, in-this recordthat if this Board grants the permit,~ they willnot at any. time in the future, takethe, positi~n that by granting ,it, the'Board has implied anything to them,. It will:be totally' at the-owners' r~sk, if they acceptthis pump and haul:.permit~ from this Board, and a~solution~is not found at'th~ end.of a year,. He'added that if the owners are..not willing to do, this, then his advice is that under no circumstances should the Board grant this permit,,. He believes, though, that. the applicants are willing to do this. Mr~ Bowerma~ asked Mr. St. John if the permit is granted at the owners~ risk, willit relieve, this Board, of the responsibility to assurethe owners anything.-Mr. St.. Jotm answered,that the Board would have no responsibility to assure the owners anything, Mr. Bowerman then wondered if the permit is granted at the owners' risk, will this~Board be relieved of anything,.,.Mr. St. John replied that the word, "relieve,"' should--notbe the~word used. He wenton to say that,this situation would eliminate any. argument or accusation from'-the:owners that this-Board'. encouraged someoneto go into this.business by~ granting, this permitl He said thatthe< owners'.wOuld be.asking for the permit and would accept the permit at their :own risk. He said that'thisBoard is not~ being relieved of anything, because there is: no'thing from ~which this Board needs to be relieved. Mr. Marshall wondered if the permit could be restricted to one year in ,the hopes-that the owners cancomply, with. alt of the Health Department regula- tions, etc.. Mr.'Tucker,and Mr.. St. John replied that the permit could be January 22, 1992 (Regular Night Meeting.) (Page 19) M.B. 40, Pg. 70 restricted to one year. Mr. Tucker added that he thinks the permit can only be allowed for one year, anyway. Mr. Marshall stated that as long as the permit is restricted to one year, he cannot ~see why this Board would get into any trouble. He said that this would put the burden on the property owners to do something in a year's time. Mr. St. John responded that Mr. Marshall's statements are true only if the owners agree that they are accepting this permit knowing that there might not be any solution in a year. He added that the Board is not obliged to approve any connection or solution that the owners might settle upon, if it is not in the public's interest to approve. Mr. St. John said he thinks the Board members would have a better grasp of where they stand if they had an answer to the' question relative to whether or not the owners have a vested right to continue this operation. He reminded the Board that if the pump and haul permit is not granted, it could involve a situation where the County would be taking'the property without just compensation. He believes~ however, that this would not be the case because the operation has been illegal. He noted that County officials will not be prosecuting anybody or even making accusa- tions of wrong-doing, but he said that a person cannot get a-vested right to~ continue-an operation' bY engaging'in an illegal activity. He stated that this is a fundamental, rule. Mr. Bowerman commented that the Board cannot do anything if the p~ump and haul permit is granted. He added that the~ Board's actions have no effect whatsoever' on the Rivanna Water and Sewer Authority. Mr.. St. JOhn agreed. Mr. Bowerman said-the juriadictional areas have nothing to do with the situation'. Mr,.~ Tucker stated that Rivanna's policies'do not permit.a connec- tion- to a force.main, but Rivanna will accept a connection at a manhole into the interceptor where the interceptor is gravity fed-. He said that Rivanna officials, indicate that the connection should probably be' made through an approved connection,and should be under the ownership-of the Albemarle County Service Authority-~ Mr. St. John, pointed out' thatl this will be considered in a year, if the pump and haul permit is approved. Mr; Tucker said'~he understands that ~ . Mr. Bowerman wanted to know if there was any feasibility to the applicant finding an alternative means of" disposal. Mr. St. John. replied', that the,: applicants thinks that 'an alternative.' disposal-system, is feasible~ .- Mr. Tucker commented that there is no answer to the question of whether -or not an:alternative system, is feasible~ yet. He'said that the Board has' directed the Planning staff to look' at those specific issues and try to ~answer the questions, that are raised,.to see what'is feasible and, what is required of the Board. He~ noted that a public hearing' might be needed or further action beyond' a., pump and haul permit may have to be taken. Mr,.~--St. John stated that he, understands' the only thing'before this ,Board now is the pump and haul permit, Mr. Tucker agreed. - Mr. St. John then inquired if the reason that the pump and haul permit is before, this Board is because the Health Department will not allow the pump and haul permit without concurrence of the governing body. Mr. Tucker answered that the pump and~haul permit needs the County Executive's approval. Mr. St. John next asked if the Albemarle County Service Authority has to also approve the.~pump and haut permit. Mr. Tucker replied~·"no~.~" ~ Mr~ St. John stated that the RWSA has to' approve the~ pump and haut permit because,the,haulers are going to dump the sewage,into the Rivanna plant-. Mrs Tucker. responded that the RWSA has already given its approval. Mr:.~ St~,, John asked again ,if the 'only ·reason that ~this, matter is before the Board-is-'because the Health--Department will,not ,agree to the, pump and haul. permit without concurrence of the governing body. Mr. Bowerman explained that Mr. Tuckerhas the-authority to approve~the pump and~haul permit without the supervisors' approval~ but he would like the supervisors' guidance in. this case. Mr..St~ JohnI stated that he-has given the Board~ his. legal opinion of, the matter. He saidthat: he wouldanswer any questions the supervisors have. January 22, 1992 (Regular Night Meeting) (Page 20) M.B. 40, Pg. 71 Mr. Martin commented that the supervisors are not obligating themselves if there is a conditiom in the agreement that the pump and haul permit will be in effect only for one year, and the owners agree not to accuse the County of trying to take their property at the end of that year. He does not think it makes any sense to decide at this point if there are other possibilities that may work in a year. Mr. Bowerman said he wanted clarification now if there is the possibility that the RWSA would not let the owners make a connection, under any circum- stances. If this is the case, there would be nothing the owners could do except to go off site and put in a septic field. He added that he was trying to understand what reasonable, feasible alternatives are available. Mr~ Marshal] stated that it is his understanding that the RWSA has already agreed to the pump and haul operation. He asked if all that was needed was the approval of the permit. Mr~ ,Tucker explained that the pump and haul..permit does not~.solve the permanent problvan, Mr, Marshall commented, howevers, that this is all that .is being asked of this Board at this time. Mr. 'Martin remarked that he thinks permission should be. granted to the owners for a pump and haul permit for a year, under the conditions that were discussed. Maybe the owners can be imaginative or innovative enough to come up with a: solution during that., year.. At this.time, Mr. Martin made a motion authorizing the County Executive to sign's pump and haul permit for The . Gaterie,Restaurant with the~proviso that the County .is not obligating-to anything by granting the permit, Mr. Marshall seconded the motion. . ~ Mr.- Bowerman stated~ that~ the applicants must submit a letter prior to the signing o£ the pump - and haul permit~ which,~.would~ relieve the:~ County- of -any · ~ obligation~ Mr~ Tucker saidl that-he woutd~ either accept a letter, or~ have the condition typed,,onto the permit, itself. Mr~. St. John commented, that he would rather have the condition signed by the applicants. Roll was called-, and the motion~carried by the following recorded vote,,, AYES: ,Messrs. Bowerman, Marshall, Martin and Perkins. . ~,~, NAYS:~ None. ABSTAIN: Mr. Bain. · ....... ABSENT: Mrs. -Humphris. Mr. Downer remarked that this whole process has been~ very unusual. He thanked Mr. Cilimberg~ Mr,.Tucker and Mr~.,~-St..,Johnfor their help.~ He, pointed out-that, Mr. St~John had spent over, an hour on the-,telephonewith him., and it was tremendously helpful~ Mr,. Downer said the owners realize that they are- taking a~ risk,~bUt they. went, into the~situation in goodfaith, because~ nobody realized whatsort of situation it was. He.stated that so many times people talk about the bad ,things that happen in the County, but he thinks that this has been a good process, and, the people with whom,,he has,communicatedhave worked very hard. He hopes that in the, next year, something can be worked out on~a permanent basis. ~ Mr. Perkins asked if it is no longer desirable to .extend a 3urisdictional area~to try to remedy a problem. Mr. Tucker replied, "no." He said that in order to seek a permanent solution to this particular situation, work needs to continue to be done~to~find solutions. '~Mr.~ Perkins, Said he knows what the solutions~are~ Mr~ Tucker replied that it, will take~this~ Board's actions to implemer~t those solutions. Mr. St. John saidthis Board,~would need~to ~ake, action only if jurisdiational areas are involved~~ Mr; Tucker commented~ that~jurisdictional areas are not invOlved atthis~time~ He said that the Board's action,today only allowsthe appli- cants~to have a pump and haul system, ~-Mr~Perkins said he understands this, He recalled a discussion last week where the costs would have been prohibitive as far as connecting to the trunk line. He said that a private individual cannot do this anyway. He added that January 22, 1992 (Regular Night Meeting) (Page 21) M.B. 40, Pg. 72 even if a line is built, it would have to be dedicated to the Albemarle County Service Authority. Mr. Martin stated that the applicants may be willing to do all of that. Mr. Perkins pointed out that the property can only be worth a certain amount, and it might Cost more to build a line than the property is worth. Mr. St. John remarked that the owners are considering a septic field that would be located outside of the flood plain. Re noted that the supervisors do not have to approve this. Mr. Bowerman said that there are certain things that the owners can do to satisfy the Health Department officials. Mr. Tucker said that this· applica- tion~may or may-not ~come back .to this Board, but he thinks that it is impor- tant~ for the supervisors to understand what the solutions are. He added that if action is required by the Board, such as a public hearing or a jurisdic- tional area .amendment~~ it. will have no be at the request·' of the owners; Mr. Cilimberg noted that the staff will be working with the owners, and if the owners feel that it' is ~feasible to ~investigate~ a public~utitity solu- tion,,~he' doubts if there will be a jurisdictional area ..amendment.- Agenda Item No. 10. Appointments ..... . Mr. Bain moved to reappoint Mr. W. Ivar Mawyer, from the Samuel Miller District, to the~Equalization Board, for a term ending Decembers31, 1992. Mr. Martin seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Marshall, M~rtin and Perkins. NAYS: None. - - ~ ABSENT: Mrs'. Humphris. Mr; Marshallmoved to reappoint Mr,-James B. Murray,~ J~., as the Scottsville representative on the Industrial Development Authority, for a term to expire-on January 19, 1996. The motion was seconded-by Mr. Martin. Roll was called, and themotion c'a~ried bythe following recorded vote: AYES: Messrs.~Ba~n, Bowerman, Marshall, Martin'and Perkins,- NAYS: ,'None. ABSENT:~'~M~s;~'~Humphris; . .: ~. Mr.. Bowerman~ stated that he has considered all of'the committees to which Board members will be appointed, and-he would.like to appoint allof the committee members at one time. Mr. Bowerman then read his recommendations as follows: Mr. Perkins -:Ag~icultu~al/Forestal District Advisory Committee Mr. Marshall and~Mr. Perkins Building Committee: Mr~ Bain ~ Children andYouthComm~asion~(Annuai~Oversight Committee) Mr. Perkins~ Crozet Crossing Citizen Advisory Committee Mr. Martin - Hazardous Materials - Local Emergency Planning Committee Mr. Marshall,? JAUNT Board of Directors Mr.. Bowerman, Mrs..Humphris and Mr~ Bain Ioint Transportation Committee Mr.~Bain~nd Mrs,. Humphris Metropolitan Planning Organization, Policy Committee Mr. Marshall and Mr. Perkins - Personnel Advisory Committee Mr. Martin-- PiedmontJob Training Policy Board Mr. Bowerm~n'and Mrs, Humphris- Planning and Coordination,Council Mr.~Ba~in:',and Mr.-Bowerman - Planning District Commission.- At this time, Mr. Martin made a motion, seconded by Mr. Bain, to approve all of the appointments as announced by Mr. Bowerman~ Roll was called, and the motioncarried~ by the following recorded vote: -~ AYES: Messrs. Bain, Bowerman,~ Marshall,-Martin and Perkins. NAYS: None. ABSENT: Mrs. Humphris. January 22, 1992 (Regular Night Meeting) (Page 22) M.B. 40, Pg. 73 Mr. Bowerman then explained that he had held the Audit Committee appoint- ments until last only because this Committee had been discussed by this Board a number of times. He said that currently Mr. Perkins is serving on the Committee, and in the past the Chairman of this Board has also served. The question is whether or not this Board desires to continue the Committee. Other points to consider, if the Committee is continued, are the role of the Committee and who should serve on it. Mr. Bowerman stated that he thinks the Committee should be continued. Mr. Bain agreed that there should be an Audit Committee. He asked if the County Executive had, in the past, reviewed the Audit Report, and then brought it to the Board, or if there has always been an Audit Committee. Mr. Tucker answeredthat, to his knowledge, there was never an Audit Committee until it was~ created just a few years ago. Before that time, this had been a staff review function, and then the auditors made a report to this Board. ~ Mr. Bain asked if Mr. Tucker.would recommendthat there not be an Audit~ Committee,. Mr. Tucker ,said the Audit Committee serves its function in review- ing~the:audit and determining the financial condition of the County. He thinks that this is an important ro~e for Board, members. Mr, Martin stated that it seems to, be just another ~step,, where the people doing the aUditreport to the Audit Committee, and then the Audit Committee reports to the full Board. He asked what is accomplished by having this extra step. Mr'. Tucker responded thatthe~Audit Committee givesa committee of the Board..an opportunity to review more thoroughly with the auditor..some of the ~ issues thatcome up during the'annual audi,t review. He added,that this can certainly be done when the auditorcomes before this, Board and makes 'a presen- tation, but at least it allows, a committee, of, the Board to review the findings of the auditor before it gets to~thefull Board~ Mr. Bowermmnpointed out that~ with anAuditCommittee, less of thefull Bo~rd,'s time is used, Henoted that the,~other role that theAudit Committee has assumed~is making a recommendationto the~fullBoard on budget guidan~ce to the,~County Executive in-terms of revenues and. expenditures for the following year. He said this was done ,in November of this past year, and there was some discussion at that time-as to the importance of the~Committee, Mr. Bain said there is thissame type of discussion every year. He thinks the,Audit Committee should continue, but he does not see th~ Audit .~ Committee being involved with the budget function where just two Board members make a recommendation to the County'Exeautive and then, to the whole Board~ He thinks that it should be the~CountyExecutive mmkin.g the recommendation to the Board, and then the Board can givethe County~Executive budget guidance~ He~ feels this is essential Mr. Perkins, said=-it is a matter,of timing=. There is a legal requirement that it is-the supervisors' responsibility to~hire~an audit firm to audit~the County'r~cords.~~. This is not ,a,~,respOnsibilityof the~County Executive, It is up to~the~Board members a,s to how far they~want to go with the process.~He agrees with the'way it has been done in the past, where~the Audit~Committee, makesrecommendations to this Board, as far~ as"giving~ guidance to the County Executive for drafting a budg~t~ He said that this guidance needs ,to be given to the County Executive~some time~ in the~Fatl. .. Mr. Bowerman suggested that the Audit Committee be appointed at tonight's meeting, butfurther discussion couldbe reserved as to, what role this-Board should play beyond~the audit. He noted that Mrs. Humphris was notat the meeting,~and it would'bebetter to hold this~discussion until~ all Board members'are present. Mr. Martin agreed with Mr.-Bain that~it does not seem appropriate~for the Audit Committee to be making the types,of recommendations that have been~made Mrs. Bowermanpointed out that:the fUll Board adopts the, budget zecommen- dation, audit wasn't just the. Audit Committee advising Mr.~~ Tucker. He added January 22, 1992 (Regular Night Meeting) (Page 23) M.B. 40, Pg. 74 that the Audit Committee, in discussions with Mr. Tucker, would develop a scenario, and this would be brought back to the Board. Mr. Bain stated that the Audit Committee would also have discussions with the Director of Finance, etc. He noted that each supervisor, individually, has the right to do this, but it takes up staff time. He said tb~t this is why he does not think the process needs to be proliferated. At this time, motion was offered by Mr. Martin, seconded by Mr. Bain, to approve the appointment of Mr. Bain and Mr. Perkins to the Audit Committee. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs..Bain, Bowermax, Marshall, Martin and Perkins. NAys: None. ABSENT: Mrs. Humphris. Agenda Item No. 11. Approval of Minutes: April 17 and August 7, 1991. Mr..Bain stated that he has read the August 7., 1991, minutes,~ Pages One through 14 (#7)and found them to be accurate, except for.some misspellings; Mr. Perkins reported that he had read the April 17, 1991, minutes, Pages 1 thrOugk 27 (#tO),?~:~andcfound them to be :in order. >~r:o~ ~ . Mr. BoWe~man said'that he bad, read the. minutes, of April 17, 1991,~Pages 27 (#10) to 37 (#12) and found them to be in order. :At',~this time, motion was offered by Mr. Bain, seconded by Mr. Martin, to approve the.minutes as, read. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman and Perkins. NAYS: None.~ -, - .... .. · ABSTAIN: Mrl. Mars~ll?and,.Mr.~Martin. ABSENT::Mrs. Humphris. Agenda Item No ~ 1-2. BOARD.. Other~ Matters Not Listed on the Agenda from the' Mr. Tucker reported that the-Airport Authority entered into an agreement a couple .of weeks a§o~With the,~Albemarle County Servic~Authority to build an eight-inch sewer line from Hollym~ad to the Airport. He said that the staff had been working on this for quite some time and there was a deadline with the Health Department and the FAA for funding to provide a sewer tine for a new septic field for .the Airport. He added that,the sewer line will probably be operationat~ by November 1. Next, Mr. Tucker:told Board members that the Urban Water System, which basically affects only Mr. Bowerman's district, is a new major water transmis- sion line from the-p~ant at the South Fork Rivanna Rive~. Reservoir that will provide inareased service to, the urban area and: to ~he. City of Charlottes- ville. The alignment for this particular transmission line basically followed Carrsbrook Drive, throughWestmoreland, Northfields and th~n down to Greenbrier Drive.~ He, said that this alignment~ was c.ontroversial because~'-it was hard'to get. approval from the.Highway Department-to construct the line within the Highway Department's right-of-Way. He had asked for the Board's support, if necessary, to go to Culpeper' and seek some remedies to the. problem so that permission-couldbe obtained to build the line within the right-of~way of Carrsbrook Drive.. He. noted thatthe RivannaAuthoritywas not successful in getting all of the approvals, so a new. alignment is now being pursued. One alignment is adjacent to the First Gold Leaf land south of Carrsbrook Subdivi- sion. This alignment will .avoid Carrsbrook Drive completely, and go through the northside o'f,,theFirst Gold. Leaf property and will be adjacent to an - existing~water and sewer easement that already belongsto the RWSA. This ~. alignment will run behind homes instead of down a right-off-way or down a street, So there will not be any imPact.on,existing.streets or traffic, January 22, 1992 (Regular Night Meeting) (Page 24) M.B. 40, Pg. 75 Mr. Tucker said he believes this alignment will probably be less costly than the original one. He said that Mr. Bowerman is already aware of the new alignment. Surveying will be done in that area in the near future, and property owners will be made aware of the situation. Mr. Bain wondered if the University's plans for Fontaine Avenue have come to the PACC Technical Committee. Mr. Tucker answered "no". The overall plans for Alderman Road and Jefferson Park Avenue have been approved by PACC, and land use was a part of that approval. He noted that the request for rezoning of land on Fontaine Avenue is just beginning through the planning process. ~ Mr.. Bain suggested that this Board try to open formal, communication lines with City Council. He feels it would be helpful to know what each governing body is. planning,:~rather than reading about~ it in the~ newspaper~ ~Such meet~ ings 'could be. scheduled on a semi~regUlar~basis~such as-every-two months, but the topics for discussion could be left· flexible, Mr. Bowerman felt such meetings could be similar to the Joint Transporta- tion Committee which considers transportation issues, He said that he has no problem with doing that~ Mr~ Bowerman asked Mr.: Tucker to nontact~the City Manager and try to work out some mutuallyacceptable arrangement. He asked if education, could be the recommended suggestion area for the first jOint meet- ing. Mr. Martin felt it might be a good idea to have another topic for the first meeting. He does not thinkrthat the supervisors should meet with the City Council without having a SchoOi Board member present. Mrs. Bowerman stated that C~TEC is an issua that co~ld',be'joint:Ly~dis~ cussed. Mr. Bain stated that. he had' heard~Dr. McGeehan,~superintendent~of. : Charlottesville City Schools, comment that~the County and City used and shared facilities until politics got involved. ~e thinks that a joint meeting would allowthe~two jurisdictions to. discuss possibilities. Mr. Marshall said he does not think 'that combining police-forces, fire~ departments and school, systems shoul.d be discussed: ~ Mr. Perkins suggested that topics might include things that are currently being considered, such as solid waste issues and airport matters. Mr. Bowerman commented that~thepoint 'is to initiate the process. He said that~ he agrees with Mr. Bain that a jointmeeting, is needed. Mr. Bowerman said Mr. Mitchell Van Yahres had made him aware that he has introduced-three~ bills that deal with Albemart~ County. One bill relates~to, removing land use in the growth areas, the second bill relates to small agr'icuttural/forestal districts and the.third bill would help with the Route 29 North problems. Mr~ Bowerman went on to say that Mr. Peter Way has intro~ duced a bill on the lodging tax. He said thatMr~ Way wants more representa- tion relating to this bil~'and has asked thatMr, Bowerman attend the commit- tee meetings. He stated, though, that Mr. Way may not be able to give Mr. Bowerman anymore than 12 hours notice, if that much. Mr. Marshall asked for anexplanation of the bill relatin.g to land· use. Mr. Bowerman explainad that this Board has ask~d~that land use designation be dropped'within~.the~growth areas inthe urban a~eas as a~wayto~eliminate land use from areas where it is known that they are going to be developed as high density or. medium density ~esidential areas or commernial or industrial areas. He stated~thatnow~there is ~ lot~of land in those areas that is owned by land speculators, etc. The supervisors would like to remove use tax valuation where~it is appropriate.. Mr. Bowerman mentioned that the request has also been made to reduce the size of an agricultu=at/forestal district to 25 aares~so~ that a farm in an. urban area canbe considered and-set aside~ He said that this is a package to allow genuine farming interests,to continue while recognizing that land held January 22, 1992 (Regular Night Meeting) (Page 25) M.B. 40, Pg. 76 for speculation is just that and land use should be taken off of that. Mr. Tucker explained that these bills will give the Board the authority to do that, but there would still have to be ordinance changes made, etc. Mr. Marshall said that this would be all right as long as it was known that there could be exceptions to the cases. Mr. Bowerman agreed. Mr. Bowerman commented that he has already asked Mr. Tucker to prepare statements on all four of these bills. He asked if any of the other Board members wish to attend the meetings, even though it might be on short notice. He added that if supervisors wish to attend these meetings, they should inform Mr. Tucker so that Mr. Tucker can contact the supervisors when he gets notice of-the'meetings. Mr. Bain said that the meetings would probably be held next week or the firstweek~in February. Mr~ Marshall remarked that he,would he, unable to go to the meetings, but he did not want certain land use regulations to change. Mr. Martin said that, he would, like to be notified of~the meetings,. Mr. Bowerman said that Mr. Bain wanted to know when the meetings would be held, and Mr. Bowerman issure that Mrs. Humphris would like to be-notified.,= Mr. Bowerman recalled theFirst.Gold Leaf'Land Trust petition. He'~said therewere questions raised about when the Health. Department hasto be noti- fied when there is an' overflow from a pump.station. He added~that there"was some disagreement on the part 'of the public as to what the Health Department ~Said'was~ appropriate notification andwhat the Albemarte~CountyService Auth0rityeonsiders appropriate. He suggested that the Board ask Mr. Tucker to contact the ACSA Board of Directors and have the ACSA Board of Directors decide what policy should be followed, how the~.Hea~th'Department intertwines, and.what.~the situation is.'~.with that particular pump station. Thismatter has apparently caused a lot of aggravation. He. would like~'a'report'back to ~this Board. ' ~'~ Mr. Marshall had a question about~ thesupervisors' notebooks, but Mr. Bowerman told him he could discuss the matter with the Clerk. Agenda:Item No. 13. Adjourn. With'no,, further business to come before the-Board, the meeting was adjourned at 8:45 p,m~ Chairman