1992-04-01April 1; 1992 (Regular Day Meeting) M.B. 40, Pg. 310
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on April 1, 1992, at 9:00 A.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Char-
lotte Y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Mr,
Walter F. Perkins.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County
Attorney, George R. St. John; and County Planner, V. Wayne Cilimberg.
'~ Agenda Item No. 1. The meeting was called to order at 9:00 a.m. by the
Chairman, Mr. Bowerman.
Agenda/Item ~No-. 2., Pledge-of ,Altegiance~..,~ '::'
Agenda Item No. 3. Moment of Silence.
.... Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public. There was no one from the public who wished to speak.
(At-this time, iMr. Tucker informed the Board thatlMr. St, John,.County
Attorney,, had the flu and,would beunable to,.attend the,meeting~:~Mr. Bowerman
asked_if this meant thatthe Board would not be represented by counsel at
today-'smeet~ng. Mr. Tucker responded thatt the meeting would:-be absent
counset~) ?~: ~,~
~' Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris,
seconded~ by Mr~ Martin., to' approva ~,Items 5,~t and 5.2, .and to accept the
remaining~items~on the. consent agenda'as'information- There was no further
discu~siOn~. Roll was calied-and the motion carried by the following recorded
vote:
~AYES,:' Messrs. Marshall,~ Martin,~' Per-Bins, ~Bain~ Bowerman~ and Mrs. Humphris.
NAYS: None.
~::: ...... :t~em 5.1. Voluntary Early 'Re'ti~ement App~icmtion-~:--.Ms~'.Louella Turner._~
The folloWing memorandum dated:March24,, 1992~ was received from the. County
,Executive:
"Ms. Louella Turner from our Social Services, Department has recently
requested toparticipatein the~Count?{~.~oluntary'~Early'Re~irement
sec~n,~n.~, ~Her~retimement data-is scheduledforJu!y 1, 1992'~The total
'-~cost o~ the'~equest ,fo~".'!early .-retirement'would be '$1, t41..,00 and would
~'~be, provided fora period of 'only nine months b~fo=e:,the.iVRS p~ogzam'
,~- became effective. Funding is provided in the Personnel budget for Ms.
Turner and staff recommen~syour approval~'~'
-This=request was approved by the vote set out above.
IAem 5..2. Tour:Dn. Pont~BT~cyci~ Race.~ ,The~:To~rRuPont::bicYcl~.~ra~a:'is:'
ptannedto~pass:...througb-,Albemarte County o~it.May.-.tS,-'i992%--,which-is"the:Winter-
_g~een~o..Richmond ,leg of therace along Route 6 in southern Albemarle County.
The organizers of the event are seeking the Board's permission for the event
to pass thnough~ Alhemarle. County.~ This witt~rsquire.'tr:affic coo.rdinatfon~
between~the. County.,PoliCeDepartment~and ,the~ginia:''State'~'Pot~ce-~-'~Chief'
<~Mi~l~,~ill~be participating-'in the!planning phasesl,of!~the~event:>'as~i't~r~lates
to the'County's in~olvemen~ ~ Should. overtime he~.necess~ry, the._ County~ill be
reimbursed~ ' -.~.'
Mr...Tucker said staff ~ecommends that"hhe Chairman be authorized to sign
a letter which grants permission contingentupon receipt ora certificate of
insurT~nD~f~:om~:~ac~g, am:i~rs~.he ~,'"~e ~en out
April 1, 1992 (Regular Day Meeting)
(Page 2)
This request was approved by the vote set out above.
M.B. 40, Pg. 311
Item 5.3. Memorandum dated March 26, 1992, from Mr. Robert B. Branden-
burger, Assistant County Executive, re: Road Name Change Petition Status for
Route 640 and Route 53, received for information as follows:
"On March 4, 1992, the Board approved two road name changes contingent
on staff verification of the appropriate number of landowner signatures
(greater than 50 percent). Staff has reviewed the petitions. The
results are summarized in greater detail on Attachments A and B (on
file).
' .- Staff reviewed the road name change request for Route 640, between Route
231 and its end at the railroad tracks south of Route 22. The necessary
~~pf~.~and:c~ae~!~.~n~.~l:r~ere?,...~r~s~n~d .~?,~4le petition. ~ere-
fore, staff will a~inistratively make the road name change from Turkey
Sag Road to St. John Road for the portion of Route 640 outlined above
consistent :with the~ Board:~ s ~action.
Staff ~eviewed [he petition to change the road n~e of Route 53, between
Route 795 and the Fluvanna County line, from'Buck Island Road to Thomas
Jefferson Parkway. The initial review zevealed :that the..appropria~e
n~ber of landowner signatures, necessary .to.'~make the change were not
represented on .the petition, staff: met~ With the .residents'that, submit-
ted the road name change request on March 10, 1992~-~Subseque~t to this
meeting, additional lando~er signatures along Route 53 were submitted
and verified,, thus meeting the necessary level. Therefore, staff will
a~i~istrat,ively~.~ma:ke .the ~oad n~e change f~om ~Buck ~slandRoad'. to
Thomas Jefferson Parkway. ''~
~,i;'i:~ ~: ',;', ''" ~*',:~:,;. ::~'/)~ ~'~t"~;(?~'~ :~ .i '~:;"/;
Item. ,5'.~.~ , ~en~ent to the- Charlo.~tes~itle Area T~.ansportation .S~udy
(CATS)~-~.~-The~ followin~ ~l~tter~ dated March 9, 1992, from Mr. Richard C,
Lockwood, Transportation Planning Engineer, ~irginia Depar~ent of Transporta-
tion,'~ ~t~Ong with:,res~tution ,adopte~ by '~he ~MPO ~Poticy..~Board om January -,~8.,~
1992, ~as r.eeeived ,as information:
'~Mar~h 9, ~.992 . - - -
~.~ ~ ~ : Charto~teSvi~lle krea
.. ..... ~. Transportation:. S~udy · .
...... .' ~ Year-.-2000 Transportation' ~Plan
Mr.,;Robert W. ~ ~cker-, Jr..
Co~y Executiv~. · .... - ....
Albemarle County
"-~ Charl-~.tesV, ille,. VA-~ 22901"~ ~.~
On May 9, 1989, I sent the Co~ty 25 copies of the final report for. the
a~ve s-tudy ~
The Charlottesville-Albemarle Metropolitan Planning Organization on
January !81, 1992, amended the Year 2000. Transport~tion Plan to include
certain improvements. Enclosed,are 25 copies, o~the"MPO'.s resolution
listing those improvements.
(Signed) Richard~C, Lockwood
Transp~rtation~ Planning '.Engineer"
WHEREAS, the City.of Charlottesville, the County of Albemarle and
the'University of .Virginia have reviewed.the~improvements p.ropose~
the .Virginia Commonwealth Transportation Board (CTB) for the 29 North
Corridorl and
April 1, 1992 (Regular Day Meeting)
(Page 3)
M.B. 40, Pg. 312
WHEREAS, the City, County and University believe a unified and
cooperative implementation agreement with the CTB and the Virginia
Department of Transportation (VDOT) is necessary to provide for these
improvements in an expeditious and efficient manner; and
WHEREAS, the City and County have requested the Charlottesville
Albemarle Metropolitan Planning Organization (MPO) to amend the
Charlottesville Albemarle Area Transportation Study (CATS) to be
consistent with the improvements and priorities adopted by the City,
County and Virginia Commonwealth Transportation Board;
NOW, THEREFORE, be it resolved that the MPO amends the CATS to
incl~d~ the'::impro~eme~ts ~and: sequence of the following:
o Widen Route 29 North as provided for in 1985 Charlottesville
~A~eaTransportationStudy;~ .
o Design,the~NorthGrounds connector .road faciti.ty;
o Address each element of CTB Phase I recommendation of
~, November 15,.I990; -. -.~'- .
.o ConStruct:the. Meadow Creek Parkway. from:the Route'250
_~ By-~ass--to~U.S..,.29North as soon asfund%ng is available;.
o Construct grade-separated interchanges on U.S. 29 North at
~ydraulic Road (Route 743),~ Greenbrier Drive (Route-.866) and
Rio:Road-::6RoUte:-~63,~) ,with early :acquisition of right-of-way
for these interchanges based upon hardship (same program
being ~used for early acquisition for ~lternative: 10.'W:estern~
alignment); ..... . . :
o ConstruCt an'altermate!controlle~d vehiCle~.'access fOr traffic
bound for:University areas only, including the North Grounds
from.Route'29/250 .Bypass;
o Complete remainder of CTB Phase II recommendation of Novem-
:ber!:5,:::lg90; and' ':
o Construct Alternative 10 after completion of the above and
whentraffic onRoute,.29 is~unacceptable and economic-_
conditionS permit~.concurrent ,with remainder of-1985.'-
. . .CharlotteSvi~leArea:Transportation:Study.~
BE IT :FURTHER RESOLVER, :tha~ thiS' Resoiutionbe~for~arded~to VDOT
for the Depa=tment'~ concurrence.
Item 5.5. Airport' Orient.etlon ,Program'. NotiCe: was7 received: from the'
County Executive stating, th.at:he had. scheduled an orientation for May 6, 1992,
at 12:30 p.m. Lunch.to be provided at the Airport.
Item 5.6. Memorandum dated March 1t, 1992, was received fromMr.
Gerald E. Fisher, Secondary.Roads .Engineer, Virginia Department of.'Transporta-
tion, stating that if the County wishes to pa=tici:pate: in-the' County Primary
and Secondary Road Fund Revenue. Sharing :Pr. og=am for-.Fis'cal: Year 1:992-93,. the
Board must so notify~VDOT: o-f its-intent to particip'ate'.~by May 1, 1992~
Item 5~7: Letter.dated. March. 9., 1992, from Ray D. Pethtel, Commissioner,
Virginia Department of Transportation, stating that roads in Rosemont had been
added to the State Secondary SystemeffectiveMarch 5, 1992, received as
follows:
"As requested!in your resolution, d. ated'Febr~ary 5, 1992 the following
additions tothe Secondary Syptem of Albemarle County are hereby ap-
proved effective March 5,1992.
April 1, 1992 (Regular Day Meeting)
(Page 4)
ADDITIONS
M.B. 40, Pg. 313
LENGTH
ROSEMONT
Route 1660 (Rosemont Drive)
South Route 637
From Route 637 to 0.58 mile
0.58 Mi
Route 1661 (Rosewood Lane) - From Route 1660 to 0.11 mile
West Route 1660
0.11 Mi
Route 1662 (Trellis Lane) - From Route 1660 to 0 06 mile
Southwest Route 1660
0.06 Mi"
:~ Item 5.8. Copy of Planning Commission Minutes for February 18, March 10
and March 17, 1992, received for information.
Item. 5~'9. Report from JAUNT on its Service Provided from October 1, 1991
to December'31, ~99-1, .was-received for~ information~,~
Item 5'.10. Letter~datedMarc, h13,~.t992, fromMr'. H. Bryan Mitchell,
Deputy Director, Department of Historic Resources, giving his staff's opinion
that Castlebrook, Albemarle County, 02-656, is not an eligible historic
resource for~ inclusion on the Vi=g~inia Landmarks Register,:~received as infor-
mation.
Item 5..11. Copy of~ letter~ dated~March 20, 1992, addressed to J.W~K? ~.
~rOperties, Inc.-,,-from. Mr...~H.~' Bryan~Mitc~helL, Deputy Director, Department of
Historic Resources, stating the Department's interest in including Enniscorthy,
Albemarle County (DHR File No. 02t28) on the Virginia Landmarks Register,
which is anOfficial~,listing ofplaces in the..Commonwealth judged, to, have ~'~
stateor nationa~'~:archaeol~ogical~ architecturaL, and/or historical signifi-
cance, was received as information.
Mr-..~Marshall ~sai~ he wan~ed to note that the~Department of ~Hiis~or~c.
Resources-~made thisrequest to ~Mr.~.EtUge; Mr.~.Kluge~'dlid nOtl.makethe re'qUest.
,He. added that ~he hearing is~goinlg to be!onApril 2}, 1992. ~Mr~~ Roberts has
t~ld~him i(Mr. Marshalt)~thatKlug~'~s representati~eSl have nothad.,time to~:~look
limto~this matter, and Mr. Roberts is not sure if it will even be considered by
the Kluge group. . ....
~Item 5.12..UPdate~on theSouthside ~Transfer 'Station. Memorandum re-
ceived~aS~follows: ,- ,. ·
"T:he.,staff,~report.you consi.deredat your Merck_4,..1992,-meeting recom-
mended tocontinue_~.tO hO~dlthe project..f~ndingin abeyance~pending~
further assessment of '(1)~.availability of private refuse service at
reasonable fees to be determined within 60 days and (2) if service is
not expected t.o:be'avai~tabte,~ to~re-examine the negessity in co~kj~nction
with~a~review-<o~'~he'County's SOlid Wasteco~leCtion.~prog.ram:and'repo~t
.to the =Boa~d b~ July 1~ :1992~ % .... -.~ ~
Subsequent to. this meeting, staff determined:that~pmi~ate:'refuseseT~ic~?
'is-a=ailable at rates comparable to other areas of the county. Based on
a ~eview of the Ivy Landfil! records and telephone contact with specific
private trash haulers, there are at least five haulers providing service
ink.the southern~,part of~.Atbem~le?gountYi~.'~'The~~.all provide..once,rar~week
.:~-~.pickup~at~the residents curbside or.driveway. Monthly charges range
from $13 to $19., depending on where the pickup is made~ Three haulers
'a~e~offering cu~bside .~ecycling.a[ an--add%,t'monal., month y c~harge ~from~
.$rOrt~ $2.,00-~.T~hese rates' are'compa=ableltofthose-charged :in~-o~her
areas~of the~County.> Unless.residents indicate service cannot be
obtained at t.hes~ rates,, the necessity-for .a~transfe~'station cannot~be
justif, ied on the basis of a lack of available..service~, ~ .--
Recomxnendation:-. Continue to defer any action on ~t~ansfer stations until
the solid waste update is available this Summer."
April 1, 1992 (Regular Day Meeting) M.B. 40, Pg. 314
(Page 5)
Item 5.13. Real Estate Tax Exemption - Our Lady of Peace. Memorandum
received as follows:
"Several Board members asked staff to review a request made by Our
Lady of Peace which proposes to pay Albemarle County a service fee in
exchange for real estate tax exemption. While this is clearly a
policy issue, the following comments should be considered in your
deliberations:
Our Lady of Peace made a similar request in December, 1990 which
was denied by the Board of Supervisors at the same time as a
request from Westminster Canterbury was denied.
The request is for an exemption of $54,874 per year, based on
their current assessment. This obviously will increase as the
. ~property appreciates. ~In?exchange, theCounty is to be~ipaid.a
service fee of 20 percent, amounting to $10,975 annually on the
current assessments, which is to help support public services
~.. such ~as-fire,.~-rescue, polic~i, etc.. The service~feepropos~d
wo~ld~have'to beagreed ~to by contrac.t~rather than applied as is
allow~bleby sta.te:s~atute'for servic'efeeSto nonprofit enti-
~ies,~such~as,:the~County.presenttycha=ges theUniversity~o£
.~¥irginia. Staff has been advised that this is being done in some
other jurisdictions and copies of the applicable contracts have
been requested~':~ A policy issue arises~here in who,to requir~the
servicefee~of~ and,who is~not<required to contribute such a~fee
when ,revi.ewing nonprofit o=ganizations'.
The Virginia~Grant Program mentioned in~theproposal to-.be used
~offset ~the cost of-assisted living care~requ~res~'a'20~,pe~cent
match-~-~rom our~locaLDepartment oT~Social~S~rvic~s .... Should~the
faeilitylprOv~de 10 scho~larships to residents ~hat~'arenot~
cur~en~ly~in:.the program,~ our loCal'costwi~ll increase?by$14,448
per year whether the Countygrants tax~relief~or not,-assuming
that t, hese~t0 scholarships would, be~for~additional ~persons
currently .enrolled in:~tha progr~am.
If,thelBoard is interested,in pursuing t~e issue of granting tax
~exemption status,for~the*facilitY,~ a public hearing,is~requi~ed
at ~hich~time~thefollOwing list of~issues must, be considered.-
Fotlowing.the~pubtio.hearing, a~recommendatio~,ismade, to the
~i=ginia~General:Assemblywho,must specifically act to grant or
deny the exemption by name of the organization.
Questions. to.~Be,,Considered.~
1. Whethe~',the:'organizationl is-~exemp't'fr.°m-~ax~ti°n"Pursuant'-t° §
~501(c) Of th~Internal~Revenue Cod~ of',1954~;
2, ~Whether~-a current~annnm~ ~alcoholic bewerage license-,fo=~.serving
alcoholic be~erageshas~heen ~issuedbytheAlc°h°lic~Beverage
Control ~Board to such organizatien, for use on such property;
3. Whether:~-any director or, officer of the,or§anizationis paid
compensation inexce~s~of a reasonahle~,allowanc~'-for ~sala=ies or
othercompensationfor-~personal'services~which such~irector-~--or
office~-ac~uatty renders;
4. Whether any part, of the net earnings of such organization inures
-- ,to the~benefib of~any individual, and whether any significant
....... ~°rti~n'6f"~e ~serVice provldedby ~such organization is generated
~by funds ~ece,i~yed~fzom donations, contributions, or~,loca:l, state
or~federal~grants, o.As.usedin the subsection, donations shall
include the providingof personal services or the contribution of
in,~k'ind ,or ,other material'ser~ices;.~:~
5. Whether ~he~-organiz~tionprovides ser~ices:fo~ ,th~common: goodof
the public;
April 1, 1992 (Regular Day Meeting)
(Page 6)
M.B. 40, Pg. 315
Whether a substantial part of the activities of the organization
involves carrying on propaganda, or otherwise attempting to
influence legislation and whether the organization participates
in, or intervenes in, any political campaign on behalf of any
candidate for public office;
No rule, regulation, policy, or practice of the organization
discriminates on the basis of religious conviction, race, color,
sex or national origin; and
8. Any other criteria, facts and circumstances which the governing
body deems pertinent to the adoption of such resolution.
~' .... Attached is a copy of the staff report prepared in November, 1990 for
two requests made of the Board for tax exempt designation. Please
note that ~Moore House~ Church~ of the Incarnat'ion~ is-~ now Our~ Lady ,of ,-~,~
Peace ..... There appears,, to be no,:significant.differenc~'in the request
made in 1990,from the current request. Discussions with Our Lady:of
Peace, indicate that they feel they are different-than Westminster
Canterbury of the Blu~ Ridge .in that Westminster Canterbury does not
offer indigent care and does charge a significant up-front fee in
order, to receiv.e care. ~: ~They feel that ,the!ir presentation im 1990 did
not sufficiently ,make that point,' TheY:. have approached several Board
members, tO see if~ therei-is .some consensus to review the request
again."
Item 5.14. Letter ~dated~March 25, 1992, from Secretary 3ohn G. Milliken,
Secretary'of Transpor~tation,' re: ~ Route 29 proposed impr~Ovements a~d?lt~ter-
changes~ at ,Rio Road, 'i~Hydrautic,Road and 'Greenbrier Drive, .received ~as follows:
iThe Honorable. Bavid .P.: Bowerman,. Chairman ~ ':~ '~: .... ": ~
Albemarle County ~Oard-of' Supervisors, -: .' ~ '
4.01 McIntir-e Road . , ~ ..... ~ ' ~ ~ ~ ~ ~ -
Charlottesvil~le.~ Virginia·: 22902-4596. ~ ' - .....
Dear Mr. Bowerman: ~- .~.~ " - .....
This is in.response to your request of March 10 for,clarification of my
Pebruary 26 letter concerning the proposed improvements to Route 29
~in~erchangeS_,a~ RioRoa'd~ydraulic Rdad ~and;Greenbrier D~ive.~
-~Please~refer~to~.the~December~19, 1991-,~resotut~on passed..by:'~the Common~
wealth.Transportation Board (CTB) and my ~letterto.former Chairman F. R.
Bewie, whichwas.made a part-of the CTB resolution. The resolution
restated, to the best of the CTB's ability and authority, its. intent to
carry..out, the. Nove~nber 15..~?1990,~ resolutiOn approving Alternative 10 and
outlining the-~Rha'se:~,':I'I:.and ~tII~sequence of accomplishing the comple-
tion-.of~thesefacilities.
The remarks in my Pebruary 26 letter, are consistent with all-rules,
Kegu~ations...a~n~ policiesof both state and federal governments and
previous decisions and resolutions from the Con~nonwealth Transportation
The~.se~uence ~of events..requir~d~o, pursue;t~he.~interchangelissue are
funding allocation, preliminary design., location and.design .public
.A~arings, Commonwealth~T~ansportation B~oard~approvat,:~-'right-of'way
acquisit~onand, ~ltimately, construction .as mdditionat.~funding for bo~h
r:ight-of-way .and construction is made'~available~-~ The~'funding: issue, of
course', mu'st he considered-along with a~l o~he=.:p~iorities within the
Culpeper D~strictj as has been. discusse~din previous'meeting~s and
correspondence;'-.,~ .... . .......
I hope-this information is helpful to you. If, for some reason, there
r~mainquestions abOutour intentions.on ~his; matter,' I woUld'be.::pleased
April 1, 1992 (Regular Day Meeting)
(Page 7)
to talk with you by telephone or in person.
ued interest in this issue.
Sincerely,
(Signed) John G. Milliken"
M.B. 40, Pg. 316
Thank you for your contin-
Item 5.15. Update on Space Needs Master Plan - County Office Building.
~emorandum received as follows:
"Background: The Master Plan indicated that the'County Office Building
is presently-:some 35,000-'.sr. ft. deficient for existing employees. It
evaluated the cost differentials of adding to the existing building vs.
building new space and concluded that it would be significantly cheaper
to build approximately 35,000 square feet of new space in the Countyfs
lower parking lot which presently is used for staff pool vehicles. It
estimated the cost of this construction at approximately $2.9 million.
Discussion: Due to the large capital outlay involved in building new
space,~ various~alternatives have been exPlored as follows:
1) Rental Office Space. Staff, in conjunction with several area
realtors, has reviewed available officespace which~could be leased.-
~There are fewopportunities in the area to put together 20-30,000 square
feet in one location. No suitable space has been identified to date
that would prevent having to scatter agencies and/or~departm~ntsthrough-
out.multiple locations~
2) Reconditioned Industrial Space.. At least one former ,industrial:
plant was studied:to determine i.f~i~t could beretro~-~f.itted to mee~our
office.space needs.. The cosis of, such. renovati~ons"on lo'p of the:.
initial capital costs made this particular review 'unsatisfactory.
~) Joint,Venture. The Albemarle ConntyService-Authority~ has,also
i~denti~'ed a need~.t~o~enlarge their, existing office space. One option
under review is for the Service Authority to build a building large
enough to meet .theirneeds as well.as rent. space.to-suchdepartments as
Social~Services, ~P~.Extension, Farmer's Home Administration,
AgriculturalStabilization and Conservation Service, and Soil:
Conservation Service. Because of the Authority's ability to borrow
funds for~such ,a~ project., this alternative is being studied in
detail, One variationunder consideration would be for the service
Authority to build a smaller building of 24-28,000 square feet on County
p~opertyand work out a lease arrangement ,thatwould compensate the
County for use.of its land. .
Conclusion: Staff,~c'ontinues toreview~ potential.~options for~ relieving
overcrowded conditions in the County Office Building and will bring the
Board.further options'as theyare identified."
Item 5,.1~. Regulation of, Sale of Tobacco Products to Minors~ ,Memorandum
ceived as follows: The following memorandum:was~ recei~ved:~
"BACKGROUND: Mr. St, John, ,~i~n his letter of Ma~ch t3,.~1992, advises
that'state law does not permit localities-~.to~ regulate, by. ~locat~ordi-
nance, the s.ale of~.tobacco~ to minors. Stats'taw, makes the,sale .to
minors a civil action rather than criminal and carries,.a $5~ maximum
fine., ~Mr. St.: John~recommends ~that our ·best coarse .of action.would be
t'o work 'With~the ~various ~establishments in a persuasive manner in
attempting to reduce the accessibility of tobacco products.
~R~O.M~.~ENDA~TION: Staf~f =ecommends. that~the County,~ through the community
to±icing P~rogram, make.:contac.ts a~t facilities frequented by minors to
remind the owner/operators of the state law on sale of tobacco products
to those under the age of 18. Chief Miller believes that this is a
logical issue ..~o=~his officers to include in.their: visits with .~he ~
various establishments~" ~..~ ~ ~ ,~ : ~ ~ .::.
April 1, 1992 (Regular Day Meeting)
(Page 8)
M.B. 40, Pg. 317
Item 5.17. Memorandum dated March 25, 1992, from Mr. D. S. Roosevelt,
ident Engineer, Department of Transportation, re: Current Projects,
Construction Schedule, received for information.
PROJECT LISTING
ALBEMARLE COUNTY
APRIL 1,1992
EST.
RTE LOCATION - DESCRIPTION ADV. CONST.
NO. DATE TIME
~'20~ AT~ AVONST.~EXTENDED (RTE,. 242)-CONSTRUCT TURN LANES ADV. 5 MO.
2-0~-3.57 MI. SOUTH RTE. 53 - SAFETY PROJECT 07-93 6 MO.
29 HYDRAULIC ROAD TO RIO ROAD - WIDEN TO 8 LANES 07-93 2 YRS.
29 RIO~ROAD,~O S.~EORE: RIVANNA~RIVER~'- WIDEN'~TO 6LANES' ~07-94~ Z~YRS.
'29 .S.,'FORK RIYANNA'RIYER~TO AIRPORT RD.-WIDEN TO'fi:LANES .... ~ 0~7-95,'~2 YRS.
610~ROM'RTE. 2OTO 1.8 MI,~g.~RTE, 20: ~'PAVE,~GRAVEL ROAD 07-93 6 MO.
631NCL CHARLOTTESVILLE TO RTE 631 MEADOWCREEK PARKWAY 01-99 2 YRS.
631 ROUTE 29 TO ROUTE 743 RIO ROAD WEST 07-95 12 MO.
631 1.33 MI. S. RTE. 64 TO 0.1~ MI~-~S.~-RTE.i 64 - 5TH ST. EXT. 07-92 18 MO.
637 RTE. 635 TO 0.55 MI.W RTE. 682-WIDEN-AND PAVE GRAVEL ROAD 07-95 9 MO.
649 (AIRPORT ROAD) ROUTE 29 TO ROUTE 606 07-95 12 MO.
654 RTE.1406 TO GEORGETOWN RD-(BARRACKS RD.) WIDEN TO 4 LANES 06-92 6
671MOORMANS RIVER - BRIDGE A~:APPROACHES
678 ROUTE 250 TO .2 MI N. RTE 250 - AT IVY
682 ROUTE 250 TO 1.7 MI. S. RTE 787 - PAVE GRAVEL ROAD
691 ~4 MI ~.,TRTE-240~TO RTE..240~.~PARKROAD/~
708 INT~RTE~63{ ~NEAR SOUTHERN!REGIONaL PARK
7t2 ROUTE !29 T~ROUTE 692 WIDEN ANI)~PAVE~GRAVELROAD
~29 {NT.~-RTE250!~INT~i %MPROV~MENT-~NEAR SHADWELL
7~3 HYDRAULIC ROAD RTE,~657 TO RTE,! 631.-"W~DEN~TO, 4 I~ES
866 RTE~ 743TO'GREENBRIER DRIYE~. NEW ALIGNMENT~
* INDICATES NEW PROJECT
** INDICATES REVISEDDATE ~ '~
ADV.~INDICATES THAT PROJECT'HAS ~BEEN ~ADVERTISED
05%93 6~ MO.
07-92 6 MO.
02~-9,4 .3 MO.
05-93 .5 MO.
~O1-'95 6 MO~
ADV. 4 MO,
~0.7-95 9 ~MO.
, i~emS~18~.~WhibeWood~"Eorest',P-ark Development Plan - Review ~for. Compli-
~ance'.~with 'the Comprehensiv~-.Plan~ Memorandum dated March 19, 'i9.92~
received f=om Mr.! David B~ Benish; GhiefOf>,Community Development-~.:~ Mr.~?Benish
States thmt the:TPtanning Con~niSs~on~,i~at' its meeting on March 17~t992~ unani-
mously found, the WhitewoOd'Fores[~Park Plan~o be in complianc~,with~.th~
~A%~be~n~-~te ~ounty~,~o~p~ehe~sive-Plan:a~,'pe~.SectiOn~15.1-456 of:,~ Co~of
~i, rg~a.~;~ttached~O' the-memo~W~Th~f~to~ng staff report:~:
currently being used as a jogging traiI/park~ The trails were devel-
oped in~1984~hen~.~he proper~y was owned by the School Board, and~were
~. ~ans~de~e~n'-~ter~m use until.t~e'Co~ty took title to ~he p~operty
Location: The' site is. "1o~{ed 'on WhitewoOd Road, between Hydraulic
Road and Greenbrier~ Drlive~ The Sfte: is ~:approXimately' 2,3 ~acr:es and~ is
~ lo,dated in,the Charlottesvitlei.'lMagisterial:~Dist'rict (Tax Map~61~,~'~
, ... Parcel.:.28).. ' ' ' :
..: Reason fo~. Ptannin~ Commission Revi.ew: -AS~,,required by- ~S. eetion
~ ~15~,-iJ456 :of the,COd~,of~ ~irginia.~ the ~tanning Co~ission muS~, rewiew
~ ~a proposed publi'c use ~or. c.ompl~iance wiCh>~the~ ~Connty's Comprehensive
Plan. The Co~issiOn~must determine ~hat~ ~he location, character ~d
extent~ .of~ the ~e~ ,iS in ~accord with-%he ~adopted Plan. ~
This pl.an~is not~suhjec~-to'' :site~ plan~ approval dneto~ the limited
ex~ent~ of~.improv~nts~to-an existingpub!ic facility. Improvises
will be limited to .eO~nnections within the existing pathway system,
clearing of underbrush, and .creation of open space/picnic area. This
'plan is the mesult~ of- about, o~e year.~ of. develo~pment under ~the gui~ance
Of:~ a ~Board: of~ .Sup~viso~s,'. appointed co~ittee~~ ~ T~s rew~e~.~ prO~ides
thee ~o~ission ~ ~op.por%un%ty'~ to:_ cogent on ~{he proposed ~de~el'opment
April 1, 1992 (Regular Day Meeting)
(Page 9)
M.B. 40, Pg. 318
Staff Comment and Recommendation: Attached is a Master Plan Report
from Mr. Pat Mullaney, Director of Parks and Recreation. This report
provides a background on the property, the park planning process, and
a narrative of the plan.
The park is to serve a neighborhood function for a high density area
of development in the County by providing green space and passive
outdoor recreation opportunities. The site has been used for recrea-
tional purposes since 1984 when the existing jogging trial was con-
structed on-site.
The Comprehensive Plan for Neighborhood One recommends the following:
o Maintain permanent public recreational uses on a parcel of County
owned land on Whitewood Road, presently the jogging park site.
Th~i'~and .Use MaP_ for.~ the unban area ,recognizes .this site fOr~?Pu~tic/
The Community Faciiities Plan component of the Comprehensive Plan
~tates-that 'priority should,~he given to developing WhitewoodPa~k~.~
~ith provisions .fo~,.passive recreatlonal~ uses.? ..~ ~, ~'
Staff~inds thisproposal in~,compliancewith ~th~iComprehensive ~lan
andrecommends'favorable action by the Commission."
Serve,~Keswi~k, reviewfor~Compliance.with, the Comprehensive Plan:.
dated March~25, 199.2, was~receivedfrom Mr...,V. Wayne Cil. imberg, Director of
Planning and CommunityDevelopment. ,Mr. Citimberg states tha~ the,Planning
CommiSSio~at.itS, i meeting ,on March Z4,~,1992, by~a, vO-t~.of~5/1, found the
above~no~ed request~to~be in compliance with,the Albemarle County-Gomprehen-
sive Ptan as per section 15.1-456 of the Code of Virginia. Attached to the
memo was 'the ~fot:lowing staff report: ~ ~ -~. ~ ~
'!As per Section 15.1-456'~of the. Codeof~Vir§inia, the City of Charlot-
tesville Gas Division has requested that the. Planning Commission
revi~w.the~ installation'.Of a gas, line,~'The~proposedlin~'~begin~'~at
Item 51.19. City Of Charlottesville Gas Division Gas Line Installation to
Memorandum
Shadwell near the'Route 250/R~ute 22~intersection and runs along the
northwest side of Route 22~to a point approximately 300 feet west of
the Route 22/Route 744 intersection. From that point the line heads
southeast across the ~C&0~ Railway line~,and then',~runs in ,a: northeast
direction to a po~int near Route 744. ,:. The, .tine then runs, southeast, ~.
along Route~ :,7~4~ to the Kes~i~k A~q~isition Company p~op~rty. The iin
~s.f: app.roximatet~ i, 9 miles, in length. ~.-~
The primary uses ~f this servi~ce wil~ ,be ~he ~eswic~ Inn .and club-
house. Other su~r.o~ding properties ~ve also~ expressed interest im
having, service provided.
'The pr~posed~alig~ent of the gas tine, appears not ;to ~pact any'~j'or
~tree a~eaS> along Route ~ and all~ diS~ribu~i~ lines are. undergro~d.
Charlottesville, Gas Division ~is~ currently in/the~ p~ocess~ of securing
al-l:~necessary easements and ~has applied for .a r~ailroad crossing
pe~rmit. ~
The Comprehensive Plan.~reco~smds the following concerning ~he exten-
sion.'O~ ~ut~ilities.: ~ "~ ~ ~' · ~ : .~ ~ ....
1-~ : ~' A~n objective of the. Plan is5 to provide essential services,, such
as tetephon~, electric and, natural gas utilities, to ensure the
~ ,adequate provisions, of~- these s.ervices~ :to ~suppor. t' existin~ a~d
.... ~- anticipated-development, in the. County, ~ ~ r ' ':.
2. Route 22 is designated a, Virginia B~ay. A Virginia B~ay~
designation does~not place.any ~restrictions or~ regulations upoh
, .~ b~ay corridor. The primary p~rpo.se is to give reco~ition to
deserving rOads to, promote tourism and public appreciation of
actual~and,.historic resources. General design st~dards to
April 1, 1992 (Regular Day Meeting)
(Page 10)
M.B. 40, Pg. 319
preserve scenic quality are most applicable to this project
including: (1) corridors should be shared by utilities when
possible and, (2) distribution lines should be placed under-
ground.
Staff opinion is that the installation of the proposed gas line is not
contrary to the intent of the Comprehensive Plan and recommends
favorable action be taken by the Commission to find the gas line in
compliance with the Comprehensive Plan. Necessary protection should
be undertaken by Charlottesville Gas Division to avoid any major tree
area along Route 22 to preserve the natural resources of this
corridor."
~., '~r, Perkins asked if this is the same type of situation as with water and
sewer line extensions. He asked if there are service areas designated for gas
service. He also~won4eredw~hyl.the' City, of Charlottesville'is providing this
service to.~eswick. He recalled-'that' re~ent!y 'he'~had heard3 that-~the Univer-
sity of Virgi~ia~was going to purchase its gas from a source.other than the
City of Charlottesville.
M~.~'Citimberg replied ~that!.service areas, for ga~s'_are ,moth.exactly. the same
as for.waterl, and sewer service. ,.~P=o~is.ion of utilities,, otherthan water and
sewer~are~subject to ~review by th~ Planning Commission for compliance with
the Compr'ehensive .Plan. Utilities are handled in,the same manner'as' public
facilities, such'as a schOol or park~ MajOr electric :lines.havebeen handled
with the COmprehensive'Plan revi~w~,~ and some~highpower electric! lines have
been ,handleg by a special use permit. There was a situation such as this
within,the Iast.year.near the'GE plant off of Route 600.
Mr.,Cilimberg said the :Oharlottes~ill~.Gas~Department is..a~.utility~
provider, ,and this,~t~ype ~ofS,ituation is referrad~t~.:unde~,Sec~iomt5%'~-456.:°f
the State~Gode~W~ich indicates 'thatclocal'~o~e=nme~ish°utd show i~, to,the
lo~al Plan~i~g Commissi~n':~fo~ a~.~eview-regarding compliancewit:h,~he-~.~
Comprehensive ~tan.~'. T'he Comprehensive Plan speaks generally about utilities
such as gas, electricity, telephones and cable television. The Comprehensive
Plan ':indicates~ that.,these~u~ilitie~s are associat~ed~,~ith ~grow,th~'an~ deve~op~-~?
ment,,~ and~:.~theyare'~considered a ,necessary ser~i.c~ and-should~ be, pr:ovide~where
the:needs' d,~ctate. ~He'went on to:say:.~hat the partic~la~nee.d~for-this-
~eswi~ ~as,~line~-Or~ginates, a~ t. he ~entrance'tO the.'K~swick CountryC!~b~in
orde~'toprovide 'gas to:Club faciii.ties~which are currently under, con-
st'ruction. · He said the Cl~h,representativesinitiated this action with the
City of Chartottesville~ Then, the City and Keswick official.s~ together.~ made
the requests,for compliance review.~.~'M,r· Cilimberg stated that, beyond this
request, nothing else is being done in regard ~to'gas line extensions.
- Mr~ Pe~kins~ ~ondere~ why ~esWick Country Clu~b,:officials ~ould~ make such a
reques~,to,,the City~oC Cha~otte'sVille instead~'f a companY Such ~s Cblumbia
Gas, M~,~Tucker~answered that, Columbia GaS'Companyis,simila~"to~a~'wh°le~
sa~er,.~'-He saidthat lines, ~besides"transmiss~ionlines~require~a speciaL,use
permit because connections cannot be made ~o indi~idual~iine~.~ The~lfne~that
Keswi~k Gountry~Cl,ub repres~n~a~ives'have'request~ed~f~r°m ~he~City0f:Chari~ot~
tesville is~.a transmission~ ~ine which is~ a~by-righ~ ~use. GaS,,has:,neve~been~
considered to be,a growth,,generator~because, unlikei~wa'ter and~sewer, sub-
divisionregUla~tions and'lot.sizes are tied tocertmin water andsewem facili-
ties. Without water and~,Sewe~,,faciiities~"the~ar§estpm=cel~a~pers°n could,
~have.would be a~60~000, squarefoot~-'let. HesaidthatmoStlots in ther~ral
areas.are~,two acres in size. He= pointed 'out that, in order to have~-a'smmller'~'
lot, oneof these,utilities has ~O be available,,"and?where tha~ utility.goes
can, be cont~=olled~ Gas is an additional conVenience,.bu-t electrical service
can be provided everywhere. Mrs. Humphris asked how the University of
Virginia ,could-use~ian~ther provider, if~th~ Cityof~Char~Ottesville has~hs~
natural gas:line'monopoly in the City~and the-!County.',~
· ,~ Mr.~Bowerman'said thatt.here, is a,gen~lemanin,~he audience who~.,~ooks-as
~hough hehas something,~to addtotheconversati~n~.~'~Mr. Ph~'llip-~Garve~ ag,as
· engineer with ~he,,City,,o~f Charlottes~ille,~ came forward ta,~state.~tha~ ~he~
Unive~sit~ofVirginim~, tike other~ ~ustomers in~t~he,City system,~can ~pu~chase
its own~gas~dire.ct!y,~from a pipeline,,compmny. Mesaid that~the, gas will be
transported,,t~r~ugh.theCity's Pipeline!,sYstem'-'''He''added' tha~"the~'Ci~y~il~
charge t-he, compamy a transporta~ion~ rate~for~this-se~v~ce~
April 1, 1992 (Regular Day Meeting) M.B. 40, Pg. 320
(Page 11)
Item 5.20. Letter dated March 24, 1992, from Mr. Ray D. Pethtel, Commis-
sioner, Virginia Department of Transportation, stating that Hunter's Way has
been taken into the State Secondary System effective March 16, 1992, received
as follows:
"As requested in your resolution dated January 15, 1992, the following
addition to the Secondary System of Albemarle County is hereby ap-
proved, effective March 16, 1992.
ADDITION
LENGTH
HUNTER'S HALL
~Rout~ll~>.:(~Hunter~;sWay)i ~:From Route 250 to 0.44 mile
Northeast Route 250
0.44 Mi"
~.~Agendattem No~ 6."~.Appr~oval o~Minutes: June!12,~September~ B, Septem?
bet 1.1,~ October '9 and.October,16, 1991.
Mrs. Humphris reported that she has read the minutes of June 12, 1991,
Pages~,-l~14-~.to Number Six, and had one comment: for the Clerk. . ,~ :~-~.
Mr..~Bowermam.stated that-he had read Pages 14-23 of the June 12, 1991,
minutes, and he found them to be in order.
Mr. Perkins read from Number Seven on Page 14 to the end of the
Octoberl6, ~199'1,~ minutes, and found them to be in order.
MrS.:.~Humphris. moved adoption of the whole set of minutes of the.li~urie 12,
1991, B0ar~.of Supervisors meeting and from Number Seven on Page 14 to the end
0f~the October 16, 1991, minutes. Mr. ~erkins seconded..themotion. ~,
Rollwas called~ and..~hemoti°n carried by the following recorded vote:
AYES:~' Messrs. Perkinls, Bain, Bowerman~ and Mrs'.~:Humph~i:s~
NAYS: :None~,~ ~ .... '~ ''- ~.~ .-- ~ ~
ABSTENTIONS: Mr, Marshall and Mr. ·Martin.
~ :- . ~, ;%?
Agenda Item No. 7a. Highway Matters: Discussion: Revenue Sharing
Projects.~The foltowing~memorandum,.dated March 26,'. 1992, was received from
Mr.,~ David B. Benish,~ Ohief of! Community ~Deuel'opment:~. i
~ PAt t~ched p'~ea~s:~: ~f~nd~ a .dr af t~ no t if iaation:~ of the.~ C~ty '.s~ in~en~
participate.~ in' the. County Primary and~ Secondary Road .FUnd~ commonl,y~
~ referred to as. the 'Revenue Sharing-Progra~n~T~Eis~.p~ogram ~allows VDOT
to.provide state, funds to match local funds, for the improvements;~of
primary and: secondary ~roads.~. - -
-'The Commonweatth..Transportalion ~:Board'~s' .annual aiiocation to this
program is~set by.the Code of Virginia at $10,000.;000. The amount of
local participation in the!program is.not to exceed $500,000, to be
~matched on a doltar-for-dollar~ basis from this program. This program
provides the opportunity to leverage $500,000 in additional funds from
the state fo,,the comple~ion .of. road projects~'
The~,County has participated ,in-the Revenue Sharing Program since FY
1987-88. Use of these funds are anticipated in the FY 1992-93 to
19i97r 918 S ix: Y~a-~-~SBcondary:,'Road Plan: recently approved by: the Boar,d~' of
Super, visors ~ T~e' VDOT ~resi, dent-: engineer has.,recommended that'~:t'hese
f. unds ~he used on'th~,.reconstruction/Tea-ti~nmmlI~'j%~f .Fiftk"St~eet:.Exte~ded
~(Stagenoach and O%d, Lynchburg Roads)~ south.'.of' ,Interstater64~
VDOT must receive the County letter of intent to participate in the
program byl. May. 1,,:'- 1992. ~If you have., any::questions,.please cohtact me.
Mr~-.-~u~ker said P~tanning Department s:taff has-worked ~with,_Mr..Dan
Roosevelt.~ to: ident, if~y projects' ~which~ are e'l:~gible to- beJ~, funded, through the:~
revenue~:sharing ,program. · H~. pointed out that,,,or~l,y one project: has been
recommended' for ,revenue .sharing, and .that is the .widening and four' laning_,of
April 1, 1992 (Regular Day Meeting)
(Page 12)
M.B. 40, Pg. 321
Route 631, which is the extension of Fifth Street. He said the Capital
Improvement Program (CIP) budget will be coming before this Board on April 15,
1992, and provisions for this project have been made in that budget. When the
CIP five-year program was approved in January, he indicated to the Board that
funding was not available to cover the entire $500,000 revenue sharing needs
for this coming year. It has now been determined that there will be some
savings in Debt Service, as well as savings in other projects. It has also
been learned that, if the Board chooses, there will be funding available to
cover some of the jail costs, to which Mrs. Humphris referred at an earlier
meeting. He said that all of this can be discussed on April 15, 1992.
Mr. Bowerman stated that Mr. Tucker had indicated to him that the County
would be getting~ ~a~ ~su~t-ant~ial~ sum'~ of money back from the State. Mr. Tucker
agr~eedi that this is true. He said the staff learned last week that there will
a $147,000 reimbursement from the State for the Route 810 project.
,- Mr~ ~.Bai~~ asked where this 'amount ~'of ~moneyi should, go.~ .~ Mr,~ Cilimber~,
said the~ reimbursement,'of $ t~4~7,000_ is enoug~h:money ~o~ make~. ~sure the Fi, f~h
Street project can.~be constructed~ He said Mr. Roosevel~ wouldl like .for
.revenue sharing fUnds,to go-into~a project' .the yea~ i~n which:,it can-be
~xpen~ded for~ cons~ruction.i He~ added.~that ,this,~project is scheduled to go to
bid~im Ouly~ so this' will~ fit,nicely into Mr. RoOsevelt' s ~chedule
Mr~ Bain asked for the estimated cOst off,the whole',Fifth Street ,proj~t.
~Mr.~ Cilim~erg responded .that the~'estimate is-$5.6 million as Of December,
1991.
":,~Mr. Bain asked,,when~cons~ruction would ~b~-!finished~ ~r-. Roosevelt~s'~id
t~he-.estimated date of~c~mpletion' is December, ~1993~ He said-he does ~no~
~expect const'ruct~om to. ,disrupt traffic because mostek'of* th~ ~con, struCtion is for
the new alignment. -
:~ ~ ~. At,~ this~,tim~,,
a ~letter imdicatin~ the'County's intent,~ to. participate in the Revenue: Sharing
]?rogram ~,Cor FY 1992~93 'in the amount, of $500,,000 to be used: for 'the ~=econstruc-
ti.on~a, nd realignment of ~' Fifth S~tr~eet Extended (ROute 631). ,: Mrs.. Humph~s
· seconded the motion.' -
Roltwas called, an~ the motion carried by the~following recorded WOre:
AYES: Messrs. Marshall, Martin, Bain, Bowerman and Mrs. Humphris.
NAYS: Mr.-Perkins.
~ ~Agenda~Item No.~.7b.~Other Highway Matters. .....
Mr. Roosevelt sai, d he woutdlike'to discuss~.the'Six-YearPlan.
'~Mr. Tucker,'said there is. only one:change'dealing with ~theSix-Yea= Plan,
and~ that~change~*~lates to the ~separationof:improvements on Rio. Road from~ ~.~,
ROuterS29 ,down to?Berkmar Drive.~'.Mr.,Roose~eit has found that-i~ 'Wo~d not*
s~v~%~h,~.ime in-terms of splitting the project, so it is being recommended
in the Six-Year Plan that the improvements be considered as one project. Mr.
Roosevelt concurred with Mr'. Tucker~s.stmtements- '~ '~ ~
Mr,-Marshall asked if-the Route 70,8 pr.oject~is inclUded~in the Six-Year
Plan. Mr. Roosevelt replied that he has developed a financial plan, and
advertisemen~ is basedon that' f~nancial plan. This basically followsthe
CoUnty's pri0rity list, and the Route 708 Project is included on that priority
list .....
Mr. Cilimberg pointed out to Mr. Marshall that Route 708 is, shown :as
Project Number Four on the County's ~pri:,o~=ity ,list.
. :~Mr~. Roosevettl commented .that the ~main differ,ence~in the priorities~, ,, as ~he
(Mr~.-~ Roosevelt) ,, has~ outlined, themi., a~d: the~ f inanc, ial: ,plan ~ is tkat-the S~pervi-
~..~o~r~s~.~ha~_~ sptit the Rio Road ~project into two~ sections', with one section b~ing
placed ahead of the Hydraulic Road project,, and~,one section ~ehind the
Hydraul~ic Road~.p~oject~: This'.ma~ter~was d'i~scussed at a work session, but~ the
Supervisors decided to go to public hearing with the Rio Road project still
divided .into two. proj~ects. Mr.:,~ Roosevelt said 'it had been his: intent: to ~
April 1, 1992 (Regular Day Meeting)
(Page 13)
M.B. 40, Pg. 322
mention to the Board, after public comment, that this problem with the Rio
Road project needed to be resolved, but the Supervisors acted on the matter
before he could rise to speak. He does not think there would be a problem
with combining the two sections of the project back into one project. He has
financed the. Hydraulic Road project as being a higher priority than Rio Road,
even though the Supervisors have shown the first section of Rio Road as being
ahead of the Hydraulic Road project.
Mr. Bowerman asked if action needed to be taken by the Board today to
combine the sections of the Rio Road project back into one project. Mr.
Roosevelt responded that the Supervisors need to authorize Mr. Tucker to sign
the financial Plan as corresponding with the County's priority list.
. - Mr.i-Marshall commented that he would like to remove the Route 708
project from the plan. Mr. Bain said he would like to discuss the Route 708
.project, but' it.~does no't~ hava to~ take place today,~'''becau~e .there ~isl al year
before, the advertisement-date wilt be' due on_~t~he Rou~e 708 proj:e~t-., Mr~
Roosevelt s~id he, .was not prepared ,to~, discuss' ROut~. 7~08 today ibecause~ he .is
still: r~viewing the transcript of-' t'he public 'heariing. ' His plan .is 'to Comezto
the Board ~'at the May .meeting.with a report On. ~he .public hearing and-a
:recommendation for~Route 708-~, ..... ~ '~ ~ ~ ~ '~-
Mr. Bain said Mr. Marshall was trying to make sure the Board had not
committed~i~setf' to~ anything ab~ut~ -bhat proj~ec~, 'becaus~ ~he thinks~~ a to~ ~of
people want -ho wait: until~the! Park~0pens to see ~ho~ much traffic ~he park
generates beforeanything is 'done to_the road. - Mr.' Marshalt~ agreed.
Mr. Bain asked if the project numbers for Rio Road and Hydraulic Road
needed~ to~be changed~- '~ ,Mr.' Roosevelt answered that- tkis is not ~neces~ary. ge
-said ~'all ~that is ~eeded from this:~ Board is authOrization for~.Mr.!~Tucker,
sign~ tlhe 'financiat~,plan. r~T-hat~ wiil ~be an~ ,indicatiOn that' the financial ~pian
is::-in b~sic~,compliance':with-~he Board':s priority tis~ ' , ' -
..~. M,~' .Bain of~fered motiOn,"to-au:thorizel the~County EXecutiVe' to sign ~he
finanlci~al ~plan for. ithe S,ix~Year ~Seco~dary Road'~Improvemen~s'.~Plan for ~1992~93
~throug~.-:1997'-981~:: Mrv Marti~ seconded the motion.~
RolI.i ~as called., and? ~he~ mo,tion carried- by: '~he,,following recorded ~ ~ote:
AYES:: Mes,srs. ?Marshall,,. Martin~:: Perkins,'. ,'Bain, :Bowerman :anff Mrs.',.,~Humphr~.is.
NAYS:'.:.~Non:e~ ' ' ' ,'- ~ ..... ' ' ~ '~"- ":'~' .......... ~: ~
:~...~Mr.,Tucker',asked the Board' toauthorize~theC~irman-to:;sign an;'agreement
for~,the~ounty-toparticipate ~in~the costof the: Bar~racksRoa~'sidewalk.:: He
said ~his .is ~part of~the Capital. Improvementsi~Program.~'and:~funding~,f°rthis
sidewglk is $6,3543,~ .... Heexplained that the reason an agrreementhas to be
signed is becausethe County is' participating"with VDoT'on,this projeCt.~
,~ Atthis .time~ Mrs.~:.Humphrismove4 ~ha%~'the?Chairman'~e :authoriized. tOsign
the~agre~ment(set.out~below)?~o~k~tiCipate with VDOT in the cost of sidewalk
installationfor the Barracks Road project. Mr. Bain seconded the motion~ ge
aske~.when,.the~si~ewalkwould be installed~ : ' .... ~
..... : Mr~.Rooseve,lt~answered tha~ the~adve~.tiSementda~e:~will."be:'s0.me~ime:in
~June:, 1992~.
Roll' was called, and the motion Carried by,the following recorded vote:
AYES:~.~.Messrs. Marshall,-Maetin, ~erkinS, Bai~ B6wermanand,Mrs:.::Humphris~'..
NAYS:._":None.
_ , -: ~OST~PART.ICIPAIfON..AGR~EMENT-.
.... :~:~o:SIDEWALK CONSTRUCTION
THIS.AGREEMENt, dated this 1st day Of April,s~,99:~;ebetween the
:COUNTY OF ALBEMARLE,,a: potiticalsubdivi$ion of the Commonwealth' of.
Virginia, hereinafter referred to as the 60UNTY, and the COMMONWEALTH
t'OF, V~R6IN~A,:DEPARTMENT.OF TRANSPORTATION~:,.hereinafter' ~eferred
.. the:DEPARTMENT.
April 1, 1992 (Regular Day Meeting)
(Page 14)
M.B. 40, Pg. 323
WITNESSETH:
WHEREAS, the Department plans the reconstruction and improvement
of Barracks Road, (Route 654) in Albemarle County, beginning at a
point 0.092 Mi. W. of its intersection with Route 656: to a point
0.003 Mi. W. of its intersection with Route 1406: which improvements
are shown in detail on plans designated as Project: 0654-002-242,
C501. Said plans include the installation of new sidewalk located
throughout the project limits; and
WHEREAS, in accordance with the policy of the Commonwealth
Transportation Board, pertaining to State participation in cost of
~ right~, Of way-,~ Sidewalk~-~nd~storm sewers, revised February 18, 1988,
:~, .... the' County is required to participate in the cost of new sidewalk
construction.
WHEREAS, pursuant to the aforenoted policy, the County and the
Depa~t. ment~each~ wil~l-bea~.- 50 ~percen~t of~ the ac~ua, l~ ~ontract,' ~c,osts of
the!'s~idewalk;~ 'and ':~ ~ ~'~ ~ ~ ·
~ NOW,, THEREORE, in eonsi~deration~ of the mutual~cO~enants herein
:~contained, the. Department,, and: ~the County agree ~as follows:' '
-~, 1.~ The-Department ,shall provide, at no charge to the County,
preliminary engineering and develop approved plans to
· ~- construct~ s~idewatk in conjunction withsaid proje'ct.~
The ~County w~ili,~-upon award~, of contract, be billed~ for~ 50
percent~ of the cost for~ the sidewalk.. The above ~percentage
to be applied to the appropriate line item cost based on the
executed contract for this .project.. Should the actual cost
, Of the ,sidewalk construction sxceed~ the cost ~based~ on
contract~.,unit pri'ce and quanti,~y, -~progress .bi~lings will be
~ ·,~ .._. submitted~ to the County. At, the completion, and,.acceptance
of. the ~project, should actual cost be~less than the County
:~,, payments, ~he ~County shall be refunded any: overpaymen%.~
~ Furthers, ~he County shall reimburse~, the Depar~tment for
construction engineering cost at the rate of I0 percent of
t~he County's~share of the ,actual construction cost for
sidewalk~ · ~
3. 'For the ~purpose of this Agreement, the estimated new side-
=walk~,~co~st,,~tol the Gounty is' $ 6,,543~.O0~
,IN ~WITNESS WHEREOF,. the,County and the, Department have :caused
their names to be affi,xed_ tO thiS~Agreement on the date-set f~orth
above by duly, au%ho=i, zed off~icers of ,the~ir~respe~ct~ve:' organizations.
Mr~ Tucker stat'ed,~hat bid, s'~,would be advert~ised for the ~Commonweatth
Drive improvement,~project~,~on Ap=i't 19~ ~- ~- ~'~ ~ ,,' .... ''
With rega~R>to .Bet ~kmar D=i~e, Mr. ~Tueker explmi,ned that an agreement from
the landowners has to., ~be in hand~ for ,that' project before the project can be
bid. He said that this agreement is expected ~within~ the next eight to ten
Mr. Bain aske~ if the Berkmar Brive project 'has been ~advertised.~ Mrs.
Tucker responded, negati.~ely. -~ · ' · - : .~' ~
Mr. Bain asked.why it was .necessary tol,.wa~it~' before,,advert~ising~ Mr
Tucker answered that. ~the landowners'~ .ag~reement might affect,.how: the advertise-
ment is worded..~ He said that,Ms._ Higgins also feels that it would be 'best to
have .ithe a~reement' ,in-, ~a~n~'. before., ~he'i project, is bid. He~ ~said, that'..Ms~
~Higgins?,feets,~,~too~,~-tha, t the timetable for the proj-ect will not be affected if
advertisement is delayed until the agreement is received,
Mr~'~ Bain,asked-~i~t~sheutd'~take, eight~ or~Cen"days~t°:~get'the~agreement'~
would~the,.stafC-be pr,epared to',~advertise~'w~/thout the~a~reement in'~,hand~ Mr.
Tuckerrepliedthat~if it. takes longer than ~,eight'~dayS-~before the-agreement is
received, then advertisementWill have to bedone without it.
April 1, 1992 (Regular Day Meeting)
(Page 15)
M.B. 40, Pg. 324
Mr. Perkins informed other Board members that he has gotten requests from
the Greenwood community about the lack of a sign on Interstate 64 at Exit 108
indicating that this is the exit to take if a person is going to Greenwood.
He asked if Mr. Roosevelt would look into the matter of having a sign instal-
led on Interstate 64 indicating that Exit 108 is the exit for the Community of
Greenwood.
Mr. Perkins next said that there is a sign on Route 250 close to Green-
wood that indicates that there is a Greenwood Country Store. He noted that
this store is no longer open, and he thinks people are confusing this sign
with the Country Store that is located on Route 250 at the bottom of Alton
Mountain. He aSkedMr.~RoOsevelt to look into the possibility of replacing
the~Greenwood Country Store sign on Route 250 with another sign for the
Greenwood Post Office or Greenwood Community Center, etc.
.. i M~,.~.Roosev~ltreptied that,he had understood that~this-particular area is
called the Greenwood Country Store. He said~that the,sign is certaintynot
there to point traffic, to the old Greenwood~Country:Store. He stated that~if
the name:is just Greenwood,~then, he will have the,~s,ign'changed.' He added!~that
hewoutd~also look into the Interstate 64 situation that Mr. Perkins had
mentioned.
Mr~ Marshall~ askmd about'.the poiicyof~piCking up,trash atong~ahighway.
He~said~that,there, is~,a big,problem relating to-trash pickupalongRoute20
South. ~Mr. RooseVelt~answered that~VDOTstaff~has~relied-heavily on the~
~Adopt~a Highway"~-gr~ups!~,to=pick*~up~trash inareas that have~ been adppted~
Over, the past two years, hisforces for~trash pickup have been reduced,approxi-
ma~ety~t8 percentOver~what~they:,weceinAugust~, 1990. There is not enough
manpower to do alt' of the maintenance that needs to be done, and VDOT has
aiways~,set its-priorities in~sucha manner?thattrash, pickupis~the third~
pri~rity~behindsafetyand, protection,of theroadsand:~bridges.~ It is~VDOT's
intent inApril, in~advanceof GardenWeek, to~.dovsome~,countY~wide~trash~
pickup,.',Mr. ~oosevelt,said, in ~is opinion~--if something has to be megtected~
it should~be trash pickup and~not work that is~important to protect~safety and
to, keep the roads in good condition.
Mr. Marshall. said a group of people in, his district are willing to'pay
for a,'signindicating~-~hatthere%is.afine~,for, littering the highway,~,!and
o£fering~a,reward, for information~leading to the~arrest and. conviction~ of
Offenders.~ He askedif it~woulff~be possible to installSuch asign~
M~ Roosevelt~said~he is w~illing to install a "NO,Littering,.sign at one
or, two locations~om~Route'~0~if:Mr~,~Marshall'~will designate'the~places~where
This could~be~,workedinto~:VDO~~ S sche-
he th~nks~they should be installed. '
dule,~and!~VDOT wilabsorb the cost of the sign installations. ~.He does not
want topu~':signs.-everywhere ~here is litter because~he~,do~s~not think that
thesesigns have much.~effect on the people who are littering'.'
~Mr,,~Marshall~noted',that~Route~ 20-is'~a~'Virginia Byway.- Mr:~"'Roosevelt:
replied that he'understands-this and does have plans for the month of April to
give some attention to the littering situation.
Mr,~Martin~asked if.VOOT has employees who could:.supervise people-who
mightbe able to participate in the, picking"upoflitter,!:~Mr,~Roosevelt
in~u~red-~if Mr.?Mar~in,wasgo.ing to suggest~that-~inmates, and/or private
citizens might b~ willing to pick up litter. Mr~ Martin~responded~that there
are a tot?i~of juvenile~delinquentsl, who are doing:community servic~work,~and.~it
is difficult to~find~pla~es loc them~to work,.~-He said that,:probabty, there
areenough~of these juveniles to.keep the roadways clean, but he p~inted?out
that they have to be supervised. Mrf Roosevett'answe~ed~ithat h~ hadtried to
do~a similar thing'in, Greene COun~y.a few years~ago.~, andthere~wasa~:tiabAlity
probtemof taking~peoplewho a~enot highway~employees~and~putting themiunder
VDoT-'s supervision. He does not have any problem in issuing an '!Adopted~
Highway"permit to,~the:,JuvenileCourt or to an.~agencY-~hatwitl ~ake~the"
responsibilityfor~supervising~these people~,~but, based,'on'~his, experience'in,~
Greene:County, he does not thinker/DOT will be:willing to take on the super-
visory~responsibility.
April 1, 1992 (Regular Day Meeting)
(Page 16)
M.B. 40, Pg. 325
Mr. Bowerman remarked that there are adults who are required to do
community service work, too. He asked if there is any way that these adults
could supervise the juveniles in litter pick up. Mr. Martin responded that he
cannot speak for his Director or make any decision today. He said, again,
that it is difficult to find places for the juveniles to work simply because
they need to be supervised.
Mrs. Humphris said she, Mr. Bowerman and Mr. Tucker went to the pre-
allocation hearing for primary roads in Culpeper. In reading a newspaper
report this morning, she came across a statement that raised a question in her
mind. Ail of the comments in this article were not made at the meeting, but
were evidently madei to the media, afterward in response to questions. She
Stated that a comment in this news article from Secretary Milliken indicated
that the County had no reason to worry about the timing of construction for
the grade-sep~rated~interchanges on Route 29 North~- She quotedYMr. ,Milliken
from:~he~article.a.s saying that~ ~!only sOmething lbeyond ~our control- could.:,
interfere, ? and- I~ can' t imagine'~ what. they would ~ be.-". She. said,~ that- Secretary'~
Milliken pointed out that the next' step. for the interchange portion of-the
improvements would be a public'hearing on~.design~which: would, '~set, the~:stage,''
for right-of-way a~quisition. She does not understand this because VDOT is
acquiring property in the Alternative !0 bYPass corridor, and there has been
no public hearing on design. Her interpretation of this statement to the
media~is that there'has to be~a p~blic hearing on design beforeqacqui=ing
property~ in the corridor~ ~. She wondered if this~. Board should-write~Seeretary
Milliken>.a letter and~ask him to~explain~.this situation. Sh~wonders.if there
has been a misunderst~anding.: '~.'.~. ':
~- Mr. ~Bowerman~ suggested that Mr.~- Tucker.'eall~Secretary~'Milliken.'~.-He.~said
that he would not like to have a lot~of co~unication going ~back:and~ forthr
based~lon ~newspaperj artietes.,~ .:~Mrs~ H~phris: said'~ the only reason/she Suggested
tha~ a letter be writ~.~n.is, because~ she ~hinks ~these~things ne~d:~ bec:in ~
writing..~ ~She said the interpretation.will be going from Mr~ ~Tucker~to Secre-
tary' Milliken, ~back~ to"Mr.. Tucker, and then~ back to~ this? Boa=d. ~ She adde~ ~that
there would~-~ be no reco~d~ of what~anybody ~said~ Mr~ ~ Bowerman reiterated thm~
the informmtion to which Mrs. H~phris ~referred' c~e 'from a newspaper~actiele.
Mrs~ H~phris~ mgreed~ She pointed out~ though, that~it 'is~ a'~dirent quotation
from Mr~ 'Milliken. ~ ..... ~ ~-
Mr. Bowerman ~sta~d, ~ again, thmt~ h~ do~s not~ want~ ~o ~get. in .a position-
Where the~ Board ~is sending official letters based upon the co~ent:s that
reported in newspmper:articles. He does not believe that this is ~the type of
dialogue that this Board wants to establish~ Mrs~ ~H~phris remarked that all
she wants ~to do ~is find o~ the. f~cts.' Mr~Bowerman stated~thmt~he~th%nks~i~
Mrs. H~hris is- w~mdering(- if it is true~ that~~ theiBighway Depar~en~ is ' able
to-purchase hardship righgsrof~way in the alig~ent of A!terna~ive~10.~ befome a
design or location, public hea~ing is held¥ ~He also~beli~ves Mrs.-H~phris
wonders., why' the ~e procedure~.' would', not be .~. followed' fo~ 'inter'ch~ges.
H~phcis agreed~ ~ although she, Said ~that she wo~ld!.,not: haVe.:express:ed::hersetf~t'~
in exactly~ th~ s~e;,way;-. ~ She- said: :her, r~aTks wOuld'~have ,included ~ the'. quest
tion of: whether or not it' is true that a design pub'lid, hearing- must.-be,held
before, acquisition: of rights-of-way~ If so, then~ she would'.like~ to kn.ow:.:the
status of the .situation with the~ interchanges and Alternative t0~ Mr.
Bowe~ asked' Mrs. H~phris if she is inquiring as to what.allows VDOT to
purchase rights~of-way,: through hardship, from.~some of these .proper.~iest. When
no:alig~ent public hearing has been held..': Mrs.,'~H~phris concurred that this
is what~ she is. questioning,. ._ -' ~ ,-
Mr; Bain, eo~ented..that~- uniformity and Continuity,. on,:~ the': part'-of~
seems~'-to ~.be, breaking-down.. '-,. ' ..... ~
....... ~ ~Mr.. ROosev~lt..explained tha~ the difference betwe~n-~he purch~s~s::for
Alternative 10-.~and the. interchange areas is One .of' request..:'from-'.the publict, for
hardship, designation.- He added ,that ~ to ehis~, knowledge~,there-,'.is :~ no, one- f~om
the areas?where:~the interchanges wilt be built who. has~ requested~: to~ be consi-
dered a ~ardship. case; He.. could..be:.wrong because this-t~e of ~orrespondence
does not.:come, directly to. him, but. he believes ~that-.this ,is true-. Secondly~
Mr.,Roosevelt stated that ~itizens . situations must.meet certain cr.~teria to
be .considered hardship..~a.ses. If people, in'~ the~ interchange areas, indicate
that:they, nped. to' sell their property' and are,~a.ble~'..to~- do.' so: because~,no~ one
will_ buy~ it fo~: fear ~hat, an -interchangeq is going~ to. be~. built there,,.then.. ~DOT
will~ review the case'and:determine if the. proper~y, meets hardship criteria.
M.B. 40, Pg. 326
~pril 1, 1992 (Regular Day Meeting)
(Page 17)
Mr. Roosevelt reiterated that he is not the VDOT administrator who admin-
isters hardship cases, but it is his understanding that hardship designation
has a very narrow criteria. He thinks the properties which VDOT has purchased
along the Alternative 10 route, to his knowledge, are all private individuals
who had to move from their homes for specific reasons. No developers' proper-
ties have been purchased along Alternative 10. Mr. Roosevelt does not be-
lieve, either, that there have been requests from people for hardship designa-
tion in the interchange areas. Most of the property in the interchange areas
is already developed.
Mrs. Humphris said her point is that there are two situations which are
similar, but different. The situation with the Alternative 10 corridor is
being handled entirety different~ly~from what is happening with the Route 29
.corrid°r. In the interchange areas of the Route 29 corridor, it is possible
that existing businesses do not know the interchanges are planned. These
business owners have noreason .to request hardship.becauss there has-beenno
publicitya, bo~t it.:iAll,she wants to.do is find out. what the~rules are and
makesure, these rules are being applied equally~ I:f a public~ hea~ing-
design, is required hefo~e:rights,of-way, acq~isition, then something is out,of
sequence~- She reiterated that-.-she wants to knob:the.rules of.,this prOcedure,
the-legal sequence, and;if it is being fo~llowed in both,situations~
Mr. Roosev. e~tmesponded that,he does.not think,~hat~oT.isoperatin~.'·
under-t~o-different systems. All of the work that has been done on. the
hardship cases along Alternative 10, to his knowledge, has been at the urging
of thelocality,.such-asthe Board of-Supervisors,.~.City .Council and.citizens
indicating that the, ownerS.of land: in' the Alternative. 10.alignment-are being
heid~hostage; Theseipeople~cannOt sell their~prope~ty if they haveto,.and
they are asking what~they~'c.an do'~ VDoTresponds that there' is a poliey'on.'
hardshippur:chases, and.-that-policywill befollowed~
~.Mr.~ Roosevelt said~everyone needs to reco§nize that. in.fotlowingtha:t
pol~icy~.VDOT.:is expending primary::r°ad~funds'-~ He added~thatif today's.
,p~imary funds,ar~:~gOing to be'spent'~for rights~of~wayf°~ P~O~ects'<tha~'are:~
eight ~otwenty years:away, it. had bett~er be.abso-Iutety~necessary---VDOT~is~
t~ying-..to;weigh,the.;~concerns of citizens, al,ong Alternative~lO'who are caught
in a situation where they need to sell their property so they can get on with
thei~"lif;e, 'andtheycan:'~-do:,{hat~ I.£ money ~is':spent~in,;.the inte=chan§e:~-
~reas at~ thiStime, money'is being Used tha~ does~notneedbo~be spen~ This
'c,an.cause delays,with~other projects tha~ need.t0.~b~-financed~at-th~,s time;~-
~;. Mt. Roosevelt said:again that hedoes not think~ anyone has, requested
hardship.dasigna%ion along the~interchanges~; and~ if..such a,-reqUest is made,
hedoes.not~think,it will.meet, the hardship cr.iteriia. ~Th~.~hardship.cr!tezia
is available,, and-he.can print,a copy f.or~Board~.-members ,from 'the Rights-of-way
Instructions Manual whichindicates what will be .considered' for hardship. He
noted'.~that,it is.not, reasonable tospend'-money:for:alzeady:developed?~proper-
~ies:,;when~those~p=operties can continuetofunction jUst. as theyare, until.
the rightsrof-wayare actually needed;for.;the project.'~,
--~ ~MrS. Humphrisremarked.~hat'she'had ask:ed for clarification of,.the~
.situation', but she prefers for it to, be in writing~ for. the-record~ Mr~ Bain
d~id not think~th±s' informationis, needed in~writing~:at~thiS'~timei'~ Mr.::Tucker
commented, that i~Mr~.~:Reosevelt~s: explanation'does'not answerMrs,~'~Bumph~is~'
questions~ ~hen it~would probablybe good to havetheTrules.:fromVDoT
writing. Mrs. Humphris.said :her question relates to the sequence that is
.requi~edby~'~aw ,to-be:followed .for .'rights-O~rway.acqu~isition~andwhether'~or
.no~.the~design hearingihas to come,before suchacqu~sitiom
,-Mr~ Bowerman,':asked Mr.:Tucker.,to:try:~.to-get~.~he'answer t~: Mrs~ Humph~is.!
question,.throug~,anySourCe~poss,ible,.,and report, back;toe, the Board~by ~the
. Agenda Ite~l No. 8. Amendment: Continuous Service Policy. The following
memorandum~daTed~.Mar.¢htl~i, ~1992-, was recei~ed~fmom the. COunty Executive:~
:"Issue:~. Several~-months.agols a.request was made by an individua-l~lWhO~,z-~
~.~ cwas~retiring from~.County employmentto~amend"lor make~an exception~,to
~,~.~the. con~inuousservice policy,.~ At thmt time,'~lthe'BOard~requested~that
~- the issue be-~eferred.to-the Joint Personnel Committee. for a recom-~'.
mendation, which is attache~(onfile)~. ~
April 1, 1992 (Regular Day Meeting)
(Page 18)
M.B. 40, Pg. 327
Background: The individual making the request had worked for the
County for a period of years, left for a short time and returned to
County employment for a lengthy period. This individual requested
that his retirement bonus be based on total years of service rather
than only on his continuous time which the policy indicates. Concern
was raised over the impact this request could have on other policies
which use continuous service as a guide as well as whether these
requests should be considered on a case-by-case basis.
Recommendation: If the Board is inclined to honor this individual's
request, it is staff's recommendation that it be done on a case-by-
case basis and not be done by a general policy change."
Mr. Tucker reminded the Board members that Mr. Malcolm Sandridge retired
at the,:end off-the 1991~ calendar year.~ ~!Subsequent to~his~.-retirement, because
of the. ~ iContinuous:~Service, Policy, Mr~ Sandridge was ~ denied ~ fuli, ~payment based
on hiS~total years¥.of~ service:~' ~ Mri,>lSandridge ~orked ,for the County ~from 1957
through 1970. Mr~ Sandridge~.came back to the Sheriff'~!~s:Department in_,1973 and
retired ab~the end~Of t991~,~ % ............
Mr. ~. Tucker said-,the. Joint Personnel' Committee~ reviewed', the Continuous
Service:Policy as,it relates to. retirement. -Because of. the other issues
involved with continuous service, the Committee does not recommend a change
being~ ~made.~~ Staff i'feels this'~type of issue ~can he,dealt"with on~a case~by-
case basis, because he:does not~'~hink there are many, xndividuals in this s~e
situation.~-~The ~ount~' of f~ds needed to provide, the ~xim~ f~ding for Mr.
Sandridge are approximately $.1,200~00. If the Board wants to deal with this
issue on a case-by-case basis, this f~ding can be provided from the Board's
Contingency~ F~d~ ........ '
Mr. ~ain said he~' disagrees:~with,. the ,emphas~s, .. being: put~ on'continuous~
service,: ~an this< Policy was. o,riginaliy? discussed, that was not, the case: at
all. He does not believe..:there-,was ~much,-discusSion by th~s" Board~about.;
continuous Service.< ;.He:~does mot mind handling this issue on a'case-by-case
basis. Mr. Sandridge worked a lot of years, and: there are others who will be
in the? s~e: type of~ situati0n, ' ~He ,.t~inks: ,theSe'people~shonld~ be~=e:cognlzed.
M=~ Tucker.~asked,Mr~ Bain'if his eoments~ are~ dir~ected toward =etir~ent only.
~- ~ ~ Mr:~ :~Bain ~ answered; ~ "yes,. '" ~'He then ~ved' that $1 ~ 200.~00 be~ appropriated
from the~Board:'s~Contingency F~d,:for Mc.~:Ma~Sandridge, without a~:change:;~o:~
the ~general retir~ent p61icy:;,~:~ so that a,tl~ of. his yaars~'~ of SerVice .. can ~be
included-in; his ,~e~ir~ent bonus~..-~ Mrs. H~phris. secon~d the motioni
, Rolt~ was :called, .~and the motion'~carried by the followings, recorded vote:
AYES: .,. Messrs. Marshall, Martin, :Bain, Bowerman/,and M~s
NAYS: ? ~ ~,Mr:.~ Perkins,, . '- ~ ~-'~. ~ .........
FISCAL~ YEAR:: 199t~92
NUMBER: 910043:- _
· -FUND :, ~ GENERAL
~, ,, ~ COST~ CENTER½GATEgORY ,~:.~,
PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS TO COVER ADDITIONAL
1100011010999999 B.O.S.-CONTINGENCY ~ ($1,200.00)
~1000t2030223000 ..... ~'.PERSONNEL~EARLY~RETIREMENT COST~?~-'~ ~:~:1',200.00':
TOTAL $ 0.00
Mr. Bowerman askedMr. Bainif there was something else concerning this
matter-.that he:,would:iike/to discuss, Mr. Bain replied~ "no." He stated that
the staff:,had.,~eported that the Committee didnot think thatthe policy should
be changed., He:~saidthat the Board.membersmight-want to.consider the, policy
again., if~they think the matter is that'critical,~ ~
Mr. Tucker responded that the Boar~-~membersmight-want to look at, the-
language of the policy, and:he could, bring this matter, back"to, them next
April 1, 1992 (Regular Day Meeting)
(Page 19)
M.B. 40, Pg. 328
month. He said that a minor amendment to the policy would probably be all
that is needed.
Mr. Martin commented that he did not want to lock the Board into a strict
policy where there could be no exceptions. Mrs. Humphris remarked that Mr.
Tucker had said that there would not be many employees who fall into this
category. Mr. Tucker agreed. He added that he does not think a precedent
will be set because there won't be many employees making such a request.
Agenda Item No. 9. Sale of McIntire School Property to McIntire Land
Trust (from March 11, 1992).
-At~10:00 a.m., Mr. Bowerman excused himself from the discussion of the
sale of the McIntire School Property to the McIntire Land Trust, because of a
possibleiconflicti~of interest. '",-"~;~? ..... .': ..... ' ~- :
In a memorandum dated March 27, 1992, Mr. Tucker notes that the proposed
deed of t~ust has,.~een:-drafted and~sent~~to~the ResOlution, Trust~COrporation ~
(RTC).in~Atian~a~for'-its approval as-tothe conditions::desired.byithe~County.
TheLRTC~ has indicated that it wiliacCept,~the-cpndi~ions and,staff~is awaiting
its,written app~oval"-and, witl forward~notice to the Board upon its~arrival.
Mr. Bain asked if approval is expected this month. Mr. Tucker replied
~hat approval should be in hand this month. He said that the staff had hoped
to-ha~e it~before this time,~ ' ........... ~ ' ~. ~ : ~
(Be~use the presenter,:-of-the,:next, itemYwas not*~at'the,.meeting~ the Board
moved,ahead to-Agenda Item~No~
-. Agenda/Item No. 11. Appropriation: Commonwealth's Attorney.
· Mr. ~ Tucker ~ ~epo~ted:' that~'~ the: Commonwealth' S Attorney has~c soId~ some
Virginia: Code books, whieh'~a~er,noilonger needed',,~inThis~office,~ The amount~0f
mOney'~received:~for, thess?bo0ks~,is~approximately:$200,~00; Mr Tucker-st'ated~.~
that,::the~,Commonweatth's,iAttorneyis asking.that this~money,,'be~ptaced~backito
his budget for his use~ ·
:' 'Motionwas~offerad by Mrs,~ Humphr~s~ ,seconded by Mr. 'Perk&ns,,to~pprpve
a resolution of:appropriation in the amount of $200.00. received, fo~ the male
ofVirg!nia Code~ books to. the Commonwealth Attorney's budget.
Roll'.~was call~d,~,and~the,motlonvcarried ~y'thefotlowing~recorded',vot'e:
AYES: Messrs.~ Marshall, Martin, Perkins, Bainand Mrs. Humphris.
NAYS: None,
ABSENT: Mr-. Bowerman.
FUND;.~
PURPOSE OF APPROPRYATION:
~, EXPENDITURE
COST CENTER/CATEGORY
COMMONWEALTH S
ADDITIONAL FUNDING FOR '
ATTORNEY- secc, nc~ezii :~:'.. - ~.:~ ' ~":. ":~'~
DESCRYPTYON AMOUNT
l100022010800~00-ADP.Equipment--.:' -- ' ~ ~'r~:"~$200~00ff::~
TOTAL $200.00
,~.~REVENUE DESCRIPTION . . AMOUNT
':,':2100015000150207 SALE OF SURPLUS PROPERTY
......... TOTAL
(Mr::.:BowermAn~keturned to themeeting at t0:02 a.m.~)
$200.00
$200.00
April 1, 1992 (Regular Day Meeting)
(Page 20)
M.B. 40, Pg. 329
Agenda Item No. 12. Set Public Hearing date to amend the Jail Board
Ordinance.
Mr. Tucker said the Regional Jail Board has requested that both the Board
and City Council make the amendment necessary to enable private citizen
members of the Jail Board to serve more than two consecutive terms. Article
VII, Section 2-42, of the County Code limits the terms of private citizen
members to two consecutive terms.
Staff recommends that the Chairman be authorized to execute an amended
agreement for operation of the Jail, as well as to pass a resolution of intent
to amend the County Code.
Humphris said there are a lot of important issues involving the
Joint Security Complex Jail). There is also a new Jail Superintendent. She
just found out~ 'about the term limitation in-the~.originat, agreement and:,in the
County,Code. She has talked to the other members of the Jail Board about the
matter, and they feel that because the Jail Board is a hard-working Board and
all of the members need. t0~be ~knowledgeable~'~and involved in everything that ~
goes on,~at~ the jait~:~having a~l,imit on the~number,,of!~terms~that a cit,izen
,can ~serve? could, be _detrimentals., - ~It ' is,-not~ easy' to: find'~:,knowledgeable¢ people
who~ are, willing, to give *the 'time and attention ~this~ public' service ~ requires.
She;~,feels,that leaving it to. the judgment of the Board of Supervisors and the
City Council about whether or not someone should be reappointed is the way
it should 'be~ :,. -' ~ .... !' ~ .~ - ~ v ' ..... ~.~
::',:Mr: Ma~rtin wondered if the joint appointment is a joint Council and Board
decision. Mrs. Humphris agreed that this is correct. She reiterated that in
addit~ion td~ ~the joint i appointment, ~ the City, and-County eaeh can~app~o,int
another-citizen~'~member to the Ja~l Board. ~- ', : ,~ ~ ,,..-:~ '
'~ ~.-f: ~, f,~ ~ ~. '- ,~" . ~.~'. ~_ ' ! . . ~ L",~:~ .,, ~ -?% ' -I~' : [ ?':
...... :.:Mr.:Martin. stated that-rather than having unlimited terms:,, it. -might.: be-
.better to'have a 1,imitation of' two consecutive :fOur-year-,terms er :three,.
consecutiver three~yea~,~terms, ..He,.thinkS'.,there:.comes~a~.point:.:where:'the .BOard
would?have a difficult?time replacing someone-who had',.been, a-memberlfor::.eight
,'~ ~ -M~ ::Bain co~ented~that he-:~ l ikes. .. the i~ea'.~f~:differ~nt people .with~'.new:' ~-
id~s~ serving On-the:,~ai.l,Board,? Hs~.':thinks'.~t~_wilt alwaysibe~possible to'find
interested people to serve on the Jail Board,' He pointed .out,that'it.only
involves-one appoin~ent from the County, plus the joint-appointment with the
City;.~:'~He:.,w~uld .~at~er~:hav~ a time limit:.for':'Jail Board appoin~ents..:- ~. .... .-
~ :.,~ Mr,~ Perkins asked?if ~the. Sheriffs wOa'ld:'not':.:proVide~::enough ~ontinuity.
M~s,;:-,H~ph~is~:'ans~red that-.the~-is-'now a-new City. Sheriff:. -Mr:; Perkins"
responded that usually when a new sheriff takes offic~, he-stays' in that
pos itfon, .~nt il .he ~etires,~ ~.t Mrs ;.?:Hm~h~is ~' remarked ~ .~hat,: this~ r~quest, was' what
~he:' Jail _.B~ard th0nght~' Was in 'thet-best~' interes~t of,. the~ 3ointt'SecuritY:: Complex.
.-. 'Mr.~ Bain: stated that',he"would:tagree~::~o~"~.three, three-year~,tems,:~but~.he~.is
not:-inter~sted in an unlimited appointment period.. -'~r.: Martin. co~ented that
when board members don't c~ange~ everybody gets used to everybody else, and
nobody wan~s to. change.. In:.this t~ of.~situati0n, t. everybody,-'is,comfo=table,
and..'eve~t~ing ', stagnates, .............. -' -~
,-._ ~.Mrs. -H~phr.is, replied that:-no~hing stagnates, at .'the Jait.:..She said. that
every.day 'everything ~ is:'~diff~r~nt..,..~She~ ~derstands,. Mr, Bain' s :~and Mr. Mart
tin's perception .of ~the situation, but the 9ail Board is different from most.
boards;- At~ this time~ Mrs~,.H~phris~:moved that~ the,Supervisors set,::-a :public
hearing :on.an ~en~ent to-:'.Article VII, Section: 2742:,of the Albemarle~'County
Code-to.allow' private citizen members on the~:Jail Board. to serve three; consec-
ut~ve,.thr~eryear,~,terms:~--and mtso, ~o ..authorize~,:the Chairman~:~f:~:the'~ Board-Of,~,~
Supervisors?to execute the concurrent ~en~ent' ~n the-' Joint Agreement:'bet~een
Alb~arle County and. the City of-Charlottesville. Mr. Bain then 'secomded.:the
Roll:~was ,called,,~ and the motion- car=lo&, by the .following: recorded vo~e:
A~S:-' .:-Messrs~ Marshall, Martin, Perkins,'Bain,,BOwerman and Mrs H~phris.
April 1, 1992 (Regular Day Meeting)
(Page 21)
M.B. 40, Pg. 330
(Note: The amendment to the agreement is set out in full below.)
THIS AGREEMENT made for identification purposes this 9th day of
March, 1992, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the
"County") and the CITY OF CHARLOTTESVILLE, VIRGINIA (the "City");
W I T N E S S E T H :
Background: The County and City previously have entered into an
Agreement dated October 18, 1977 for the operation of the Albemarle-
Charlottesville Joint Security Complex. The County and City desire to
amend this Agreement to authorize private citizen members of the
~Atbe~rle~Ch,~rlot~sVil~le~Regional Jail Board to serve more than two
~>~conSecutive three-year terms.
.~NOW,'YHEREFORE, fox and in:'consideration of!the premiseS,~/the
County and the City do hereby amend paragraph 3 of the October 18,
1977 Agreemeht:'~S'~olt.ows::'~
-~ - 3.c, Members' of-.thR'Jail-B~ar'd~ in Off~ice~in~t977,~-shaI1
continued in office until the effective date of their re-
placement appointments p~ovided for in paragraph 2, supra.
Vacancies on the Jail Board shall thereafter be filled for
an-unexpired term'-in~the mannerin which original:-appointr
~.,ments.,are r~quired to he'?made., Cbntinued'.absende'of
- member.from.regUlar, meetings, lof the JailBoard shall~ at'the.~
..:,discretion.of,the City'~Council and~Board of~.Super~isors,
i~m~ediate~temovalfrom~offi~e.
No private citizen member of the Board shall serve more than
three consecutive three-year terms.
In: all Other~.respects, the. October. 18~. t977.Agreement.shatt: ~emain
in'full, force?and effect,~:
Agenda Item. No.~13. Work. Session: ~..To~.amend {he,Comprehensive Plan to
add an Open!Space and~Critical Resource Plan tD guide,efforts to, plan for and
protect open'~spacein~the,~-County~in a comp~ehensiv~and integrated~fashion.
Memorandum d~ted~Ma~ch~.5~ 1992i, from Mr.. V.~ayne~C&limberg~.Director of
Planning and CommUnity .Development.,, was received as follows: ~. '
"The. Albemarie~CountyPlanning Commission-,~at~:its~meeting--.on'March. 3,
1992,.-recommended (5/2) that~the Boardi.of.Supervisors' approve the Open
Space'Plan, with two changes:~
Add the following statement to~page..,4.:under~0verview~(first
-paragraph)~to give, it more emphasis:
'It Should be emphasized that the'recommendations of this Plan
-~--'are notuintended~,,to, reduce:densityor~deVetopment?rights~ but~
--~instead-assu~e-.that;.the developing environmen~..~:~omplements'
2~.~.,Deletethe'follo~ing on page'Y:~(~irst: paragraph)/undeT.Relation:
.:.to Comprehensive Plan.: ..... ,::
~,.~Because--surfacedrinking Water',sUpplies.arecurrently~pZoteat~d
by regulations,, further protectiOn. is-tnot~a'.h~gh priority'of this
Plan. However,, .. ....
Since;the~Board:.is:just~.receiving:~this~_document"and,,i~.,i$ of:extreme
importance~to.the. COmprehensive Plan amd for the public, I would
suggest that the Board hold one or more work sessions to review the
specifics, of the? plan.with~staff, bef0re~ :settings, a? public~ hearing. ".
Mr.' Cilimberg commented',that the staff would show the Supervisors a slide
presentation that would allow the Supervisors to visualize what the staff has
triedfto do~, comprehensivs~y, in,:de~etopingithe open space plan~' ~H~,y~9allsd
that, the Comp~ehpnsive, pitan, c~t~sfor the preparation of,an Open Space Plan
April 1, 1992 (Regular Day Meeting)
(Page 22)
M.B. 40, Pg. 331
with distinct open space planning approaches in the rural and growth areas.
He then asked Ms. Mary Joy Scala, Senior Planner, to proceed with the slide
presentation.
Ms. Scala stated that, before she showed the slides, she would like to
discuss some of the background information aboUt open space and which
resources are considered to be significant enough to protect the open space.
She noted that the slide presentation would illustrate those resources.
Following the slide presentation, Ms. Scala stated that she would explain
how the maps are intended to be used, and the staff's recommendations involv-
ing the Open Space Plan. The Comprehensive Plan calls for the preparation of
amOpen~Space Plan ~to: giiide.-~eff0r~ to plan for and protect open space. The
plan:~before the Supervisors is considered the first step in this effort. The
plan includes a text, which the Supervisors have already received, and the
maps Whichhwill'~:be presented at: todayj s meeting. '~' :. By: adopting ~hi's plan 'as
part-of the Comprehensive Plan, · it- will~- mean ' that there,' is agreement; regarding
which resources are considered important enough to protect as open space, and
the plan will establish priorities regarding open space. Ms. Scala pointed
out that this plan has"-been discussed~, by~ the:Planning :Commission, Since last
summer, Rhe plan~haS~ also.been pre'sented to. Citizens for. Albemarle, ~the Blue
Ridge Homebuilders, the Architectural Re,view Board and the Recreational
Facilities. Authority. i< The- Planning -~CommissiOnl met.. on~ March. 3 and recommended
approval of the plan by a vote of 5/2.
Ms.-~ Scala, stated 'that Chapter ~.Two of the Comprehensive. ~Ptan entitled'?"The
Natural Environment," talks -abOut ~the different resources which
~ounty:~ ~co~'siders~'~ import~ant.~ enough ~ to,- protect ~ These includ~ ,agr icultural,~':~~
forestal, water, naturaL, - scenic ~and ~historic reso~rces:~- Agricultural
forestal resources :are.given~the highest-priority, in the plan, as in .land~.use
~n~-~he~rural ~ a~eas, ~:-b~cause'~~ they· are :so important ~ ~o~ Atb~mar!e'~' Gounty~
Agricuttural~'and ~o=estal ~esou=ees~are ~mportant fOr~ their
~elatedz.benefits,-~-such ~as pro~ec~ion~of~ ware= supply wa~ersheds~,~-~preservation
of-~the ~ naturaL~and~-historic ~landscape,' and, open~,space ~ because they~ require>less
costlY~ser~.ice~ fleti~ery:needs than., scattered Cesidential~ developments,: The
ptan~outlines ways-~.~o;praser~e.agr~iculturaL ~and~ forestat~ land~:-and'.to promote?
agricultu~a't and~ forestal industry~ ~ ., ......
MrS. Scala said water resources ar~ considered of vital importance to
Albemarle Co~ty. Since 1972, Albemarle CoUnty has enforced measures, to
protect the~watersheds~:~of public water supply impoundments~,* .Next~
noted ,~tha~ .~ narc=al ~ .~ Scenic; and~.histo~ie ~esources?a=e~· considered.~ ~ss~ntial t6
Albemarle ~Gounty' s ~rura'l~ ~ charac~er~ economic~ vitality?and~quality' of~ lifa~
The~Comprehensive~Plan:provides~' ~ustificati~n fo=.protecting~each~type of
these =esourees.:~:'.The plan~alSo ~notes ,the_ strong, relationship between ~ environ-
mental resources~ .agricuitural~ and~forestat, preservations. ~d!.wate=.~s~Pply
:~ ~ ~Msw-S~ala ma~t~on~d~ttha,trala~ionshiP of*~thasa.'~sources
She- remarked that ':by, protaet~ng:-,.opan,' space~dthese~J rasources'~: are. ~also,pro~a~tad.
Resource:protections. fs the~ major.:,purposa'of opan~ spaee~ She~',sa~d
is'more?than space,,taft .ev~r-.:~ffrom~development or space that,has-not yet been
developed. Open space is comonlydafinad"by using words such as,
"unoccupied, and'.-~nd~sturbad~",, Rather than ,thinkingfof open space as.,land
tha~. is not being usad,~ .she prefers; to~ th~nk of it-:as'-land.~with.:a.:very posi-
tive-.,usa,.?.or land.that is intanded.-,to sa~Ve:,spa~ific?f~nc~ion~.?:
hansive .~lan clearly,stat~s tha~,~the f~c~lons.:of objactf~S',of :open_spa~e a~e
~0: ~prota~t natural, ,: scen~c~.and:, histor~a, resources ~ including agricultural and
fo~a~ta~ land .and water: supply .watersheds,: to bufffar:,dissimilar.uses ~and
pro~da ac~iva.'and passiv~ rec~eation areas.,. : Some epenz.spaue plans~are~.-ma~nly
~eCraational plas ,and~,,con~entrate en.:'that:objactive~ '~:This~'plan~,:accarding to
Ms~ Scale's, ~covars all of the different .objectives that she mentioned.
Ms.., Scala asked .~hew, it can,,be datamined:Which'araas
as:.open~:spaee; i~ procedure~- used~ in.,:th-is plan-:.;is~?fl=st~ ~to(.ldentify-the~
significant resou=ce.. ~ Ther.e~:is :a~ list:: of the:~esou=ces in ~he:~tex~:?w~th~:~a~
justification ~or:each~one~' These-resources.have ~o~be Considered as:~to;~where
thay~occur in~ relation to each other-and, ,thereby,.~iden~ify systems of open
space~~ These are areas,which ~ include multiple~-~resources and~.sem~e+~ severat~
functions. This~is what ~mak~s these.-areas~more important ~ ..'A~ good~, ex~ple
would~.be = the~ Ri~anna~tRiver ~'~ because it serves~ an-~enviro~entai function,: it :has
April 1, 1992 (Regular Day Meeting)
(Page 23)
M.B. 40, Pg. 332
a flood plain, associated wetlands, critical slopes adjacent to it, it is a
Virginia scenic river, it has historic resources such as the canal locks, it
will provide recreation when the greenway is in place, and, it also serves as
a buffer between the growth and rural areas. Areas where multiple resources
occur are the most important areas to protect as open space. Ms. Scala said
she has organized these important areas on a map which is postedon the wall
today. There are four major areas, which are stream valleys, mountains,
farmland and forestsm and cultural features. In the growth areas where it is
not intended to protect farmlands and forests, this category is replaced by
one which is called "important wooded areas" and "buffer areas." She con-
cluded by saying that the slides would illustrate the different types of
resources which need to be protected. She began the slide presentation and
discussed'i~he stides?as~'they~were~shown.
(Mr[ Bain left at 10:16 a.m. and returned at 10:19 a.m.)
..iMs~ Scala answered:that, there'is an.-area in that vicinity~considered to
be important agricuttural>and,forestal, stopes.~ This:area'~is~alsoconsidered~
important~'for the'major'streamlvalley that~'runs~through-it.~ :This~is~a-~unique
area~of>~he~.County,~b~cause white, the slopes~in, this area are not ~heibest for
ha~dwoods,~:they-~are'good p~ne soils~.~.-She-~then:continued,wi~h the map
presenta~ion~ :~- ~.
~ - ~ Mr,.~ Bowerman-in~errupted~,Ms c Scala,' s~'- map presentation, to ~ say,the~:Board
membe~sneeded;:,to~diScuss Agenda:,Item t0~,before~'they~left~-for-S~ottsvitte¥ He
said.that open'spacecouldbe~discussed again~this,~a~ternoon,~if,~there is time
after-some~other~isSues are,discussed. He added that~if,~this~-doesmot~work
Out~ilopen space~coutd~.~bediScussed'after this afternoon's School Board meeting
or the.next day meeting in May. Ms. Scala asked if she could take five more
minute~of~the Supervisors~,time to, finish the map, presentation. She said
that the. recommendations could then bediscnssed when,she meets with the
Supervisors against,-.,- .,.,' ~'~ '~ . ~. ' ~
,:.,'~ vMr'; ,' B0werman mg~eed:. He,:. stated', that, recommendations ~ could-, be' presentffd~-
May !~'6
.... ~,At~.this time, Ms. Scala concluded the mappresentation bM.saying that the
shapesshown on the map arenot subjective., and~ they represent, theactual~
resou=ces-,'Chat,.a=e[shown~on.-~he slides; She~added-that-the accuracy;:ofcthe
maps,;is
fromothermaps~to,~his~mapT~The:most~ac~urate~method./for~determining :,
resources~is~a:~fietd~analysiS~ but?the stall, haS been, as,'aceurate~,as!possible.
She~atso~stated that~the maps',~are',intended~to bereduced'so that theylwitt,,be~
eonv~nient,'for.developers' and site planners,!,LuSe~: She added that ifthere?
are, questions, she~will~be~happy to answer-them~either~.now~or~'later~
-~ ~-,Mr.~Perkins,asked if there-is any sharing of information between County
staffand-theRelatedLands Study~done by the University's School of~Archi?
tecturat Review~ Ms~,Sdala~replied~that-,so~far-~there has not,been any~sharing
of information~, but shean~icipates~thatinformation from the related land
study can be used in the future. She said~that she was-going to,visit the
staff-,at~.the School-next week,to~ee~how,;its maps~are-.prepared.,, She;~noted
that,~they~have~,a~computer to use f~=mapping that is veryefficient~
: ...... Mr.~-.B~werman thank~d,,Ms~,,Scala, for her~'presentation; 'He said,i~hat~her
work was~:_excellen~,,and she-had:,done.,a lot of~work'~hat:"was,:very, detailed.- He
said',:.that, it hasall, been-very ~ell.~hough~':.out~ and:he commended: her~,~nd'~:~he
people:,:who'work with her.,.'-,,~--?~, ~ .......... ,'-'- -.":::-', ~ .,-~
(At this time, the Board returned to Agenda Item No. 10) ·
~..~Agenda~Item~No~--10~.,,.Re~iew ofDevetopmentRelated..,Fees, i.e.~-for~'Day
Care.~-Homeq0ecupat~onand otherS,~cThe.-~fotloWing'-memorandum~da~ed~Mar~h-:37~-~
1992.:~was~received' from
Community Development: .. .._ -
~' U ' °
,.': Q~estxon-has-been~ramsed'-as'~to~the~-appropriateness of,~reducing fees
for,day care and.home occupation special use.permits~., The new fees :
~ for.~hese, two~:permitsare~reflecgive, ofave~age~actual~cost~to~the~
..~,~.- Countyto conduct,~review of:each~type?of, permit~.~including~staff?
~...: raview, time,,'~adve=tis~ngfnotifications~,~copying~etc~.~-.~.~~ ~,,~ .-~:~
April 1, 1992 (Regular Day Meeting)
(Page 24)
M.B. 40, Pg. 333
The average cost of a Home Occupation-Class B permit approved admini-
stratively was estimated to be $30 while those reviewed by the Plan-
ning Commission and the Board of Supervisors were estimated to be
$560. The Planning Commission/Board review for home occupation
requests is triggered by opposition from any adjoining property owner.
The fee was set at $350 regardless of whether it required admini-
strative or Planning Commission/Board approval. This was done to
average the cost between administrative and Planning Commission/Board
review costs and to remove the possibility of the fee influencing an
adjoining owner's position on an application. The Planning staff sees
no public purpose which would be met by lowering the fee for a home
occupation since review of any applications going to the Planning
~..~' '~Commission/Board can:be,'~'time~consuming. Home occupations are
--:,~.t~pically for the proprietary interest of the applicant rather than
being a more general community service.
Day care speciat,,uSe~permitswe~e,ineluded'in~a groupof~commerciat-
like uses (schools, radio:towerS) that~'have~,an,~averagecost of $7,80.
Staff's~experience shows~that.,thecost for daycare~,review is~slightly
higher,~primarity~due to review~for impacts:in~residential,~areas. ~The
fee recently~approved~for, day care permit~was set'at, S780. ~Day~care,
although not exp!icitly~ addressed in. any~,poticy ddcument, Such as the
Comprehensive :Plan,~is,.~considered ~a community .se=vice typeof~activity
during review~ A~lower~'feemay.i~be~justified~beeause~of this-,cOmmunity
service characteristic~i~,However, a lower~fee might~'be~justified~for~
other, community~,service types of specialluse permits, such~as,schools
and~churches.~ One,alternative for'dealing wit~,a daycare~permit
wou!dhbe t~:~inc~ease~the~numbe=~of students allowedin:~a facility
befores, it becam~subject~toSpecial,use permitreview~.another would
be to remove the~special.use permit requirement for day care
altogether."
Mr, Tucker, stated, that'Mr;,Cilimberg ~as going to~br~eflyreview~his,(Mr.
Cilimberg's) memorandum,~and,Ms.~ Amelia~Patterson~,wontd speaRSpecifically
about~the, fees~~ ~ _ ..,-
Mr~.~itimberg briefedthe ab6ve.memo and~'said Ms,' Amelia:Patterson,will
give more~specific information on~the~calculation of~-costs-,for-home~occupar
tion .... He said'~that~-mobilehome, permitsare.,~alsO,~covered in Ms.~?Patterson~s
information~ ~ ~
Mr,., Bowermantasked if,Ms.-Mat, tersonwanted'.to add~anYthin~.~,.~'Ms~7
PattersOn said if. the Board chooses to,subs~di~e'daycare~.,cen~ers,~',in:,order to
be consistentwith, Other~-subsidies,,,staff~will~recommend a 50 percent cost
recovery~-which in this case would be $390.00.
Mr. Bowerman asked~if any member.of the Board disagreed with the staff's
recommendation for:the-Home Qccupation-Class-B-fee. LHe,-~per~onat!y~,has,no~
Problem,~ith leaving the fee as it
Hearing no objection, Mr. Bowerman suggestedtha~ theBoardconsider the
fee for,,day, care. He,asked howmany Children a.:person.can.lkeep.~before.~tate
certification is~required~ Ms..:Patte~son'replied that..in~mOst instance, the
cut-offfi§ure iS, at six.. There.are. some exemptions if~'"children-'are,-certain
ages and.~only partsof the dayare involved. However, thereis a provision
for family home care, which, currently allows up to nine children .in.the home,
with only ticensingbylthe local,Social Servic~sDepar~ment.'.~
M=.:Bain asked~if,~the.State, process im:complicated~ zMs,. Pattersonsaid
she,does.mot know:'-the details~ -Only. after the figure gets beyond nine
children in a family home care situation does it get involved. The local
review, inVolves'someskillstrai,ning for the .provider, and,-£acilities are'
chec~ed,to makesure:.certain minimums,needs-are ~et intermm:ofsanitation-a~d
mpace~, Above nine children, Ms. Patterson'believes that thereare standards
for outdoor play areas and also sleeping area requirements, here are more
details-involved regarding foodhandllng regulations_and~sanitation~ ,.Mr.
Ronald,~eeler explained that:$taEe regulations require one adult~per.:.ten..
children,'o=~anypart thereof
,,, Mrs, Bowerman.asked,how'manyproviders,~-are.-,requir. ed for ~ten children~ ~Mr.
Keele=rep]~ed,.that.,he.?cannot.sayfor snre,-but he bel~eves~Ehat two providers
April 1, 1992 (Regular Day Meeting)
(Page 25)
M.B. 40, Pg. 334
are required. He thinks that two adults are required, so that there will
always be one adult present.
Mr. Bowerman asked if the same thing holds true for nine children. Mr.
Keeler answered that he thinks nine children would come under the category of
family home care.
Mr. Bowerman said the difference between nine and ten children is the
rationale under which the Planning Commission originally considered the zoning
text amendment. Mr, Keeler explained that the staff based its definitions on
State definitions, and the State has changed its definitions to add family
home care.
M~. Bowerman said if a provider wanted to keep six children, then that
provider would have to spend $780 for a permit. This prevents a lot of people
from keeping chitdren~,~'~Hesaid.one,~of~the,~Planning~Commission's~original
concerns:~had to-~dowith:~the two competing interests. One is that it is
beneficial to have children taken care of in their own neighborhood. He
thinks:this~:is ~the~type of activity that needS~tobe encouraged.~-'On~the ~ther
hand, once~thelnumber~of~.ch~ldren gets:'above five, there~ isthepotentiat~for
creating-anuisance in the neighborhood in terms of traffic generation, noise
and the attendant activity of a child care center in an established residen-
tial neighborhood.~e recalls:~hat theCommission feltn~ne~children~was~too
great, a~number fora by-right,situation, Costs were~not examined~at'~hat-~.~
time, but'now~thecostsare being considered-~and-~this~is~,a significant~change
in:policy. ,.- ~.. - -
Mr. Marshattsaid he would like tO establish a way that an individual
could~keep~up to=-nine~'children:'in~'a-home and pay a~smalle~fee~,forthe special
usepermit., Mr~.Bain~said he understands this suggestion~sinceState .start~
da~ds.would take.ove~ when.-thernumbe= got~:to~ten~. Mr~.Bowerman~agreed, that
th~s.would~still~give~neighborhood residents~'.an opportunity, to'speak for or
a§ainstthe day,care operation. .
,~;...Mr~-.Bo~erman~:~,sai~ if:the, fee. is'..reduced, staff..is.recommending~.tha~i~be
reduced, toS0 percent~-oftheaMerage~cost. Mr~.-~Tucker~remarked~-that.~50
percent is~the figure used in other localities:where the benefits,to the
community.:are subsidized~:: ~: .,
M~,:.Martin.asked the~cost of the speciat.~use..permit now..Ms, Patterson~
anSwered?that $165.00 is~the cost of a typical commercial special permit~ Mr.
Martin suggested that the fee be kept at $165.00 but that it continue to be
subsidized~as ithas been in ~the past~ He gave an~.exampleof a family_that
has,three.children, andrea ~family~member~:wants',tobaby~sit~anext:door ~-~.'
neighbor,s threeehildren~ If.this.is~the. case,'..it would cost~overt$60O,;for
that.person"to keep,:these.sixchildren~... He reiterated that-thefigureshould
beteft...as it is,.'-but that it. continue to,be subsidized~,..'Ms, Patterson-said
~hat,-is agood ~point, howeVer~the provider?s ownchildren would be exempt
from the number calculation,
'-;'!~:M~. Bain commented that when.:- this -matte~ ::wa~ ,reviewed. it ~wa~',decided
that 50 percent-~ of ~the~ costs ~woutd ~be: $390~'D0~.ifuthe actual ~eOStS were~con-
sidered across~the'board
Mr.-Martinwondered..why~if the.~,fee has:been subsidized al~:of"these
years~'.it cannot.~con~inue-to be~ Mr.~Bowerman responded~.that~thesubsidy u~ed
to:~be~50, pe=cent,~which!.amounted to$165,:~but the,~cost~of administration and
taking~.the-petition-.before ~he~.Pl~nning Commission and.the_Board~of~Supe~
visors.for.a public, hearing has~increasedSince..~the-fee~was-set~ .,Mr. Cilim-
berg-said~fees-were,so low thatessentialty everything ,Was~.being subsidized,
Mr.:Bowermancommented':thatusing this-idea, the~-only time-,a:provide~i
would have. to. spend $390..would be when.there~were between six and-nine:,
children involved~: When that number got to 10 children, a higher feewould be
required. Mr. Bowe=man said. this would allow aperson in his or.her own home
to :take ca~e of. up~o Mive.childrenifor someone else,.at.no cost
Marshall asked:howmuch.-a~child..¢are provider.makes~.each~week~ .ar, Martin
replied that a child care provider can make between $45 to $100 per week per
child. Ms. Patterson said it depends on the age of the child also.
April 1, 1992 (Regular Day Meeting)
(Page 26)
M.B. 40, Pg. 335
At this time, Mr. Bowerman asked Mr. Kevin Cox if he wanted to speak.
Mr. Cox said there were probably no more than two commercial special use
permits actually issued last year for day care centers with under ten chil-
dren, but he knows that more than that were established. He added that a fee
of $165 is still more than many of these people can afford to pay, or will
pay. The fee for a State license governing the same type of operation is $14.
As far as impact on the neighborhood is concerned, the people who live in the
neighborhood use these family care centers. The density of the neighborhood
frequently determines the number of family care centers which are found in a
single neighborhood. People would not drive from the City to Covesville to
put their child into a family care center. One of the most important reasons
for ,having family:care centers~is ~because they are affordable when compared to
the;,iarger, commercial operations. Frequently, they are one-quarter of the
cost. He would appreciate it if this Board would be reasonable about the
regulations~ and~ :t, he ~ fees to he .adopted ~because,.these' family ~.care centers
provide a public service. He feels this Board is faced with a dilemma because
the higher ,the,~fee,~ the less ~omplia~ce ,there will be with~ land:~use~, ~~ - ·
regulations, -- ~ ~ ~ :~ ,
, Motion~was,then:offered ~by Mr. Martim~.t, hat a~ day,care fee~?schedule,of
$t65.00~,be~approved for special~ use:permit ~applications~' for ~- six to'~ nine
children~ with the, fee for ten ~or~,more~ ch$idren-~=emaining ~a~~ $780,.
Mr~ Bain explained~that~,~he recently-adopted,~fee.for day care centers
went into effect.,tOdaY~at $780.,. Mr¥, Martin, responded that his,~motion is to
leave the f~e at i$165,00, which ~is what~it was-before this~change which .went~_
into effect,todAy~, : ~ ~ ~ · ~ · · ·:'
Mr,~.-Marshall ,asked~. if his previouS, suggestiOn= could be~incorpo=ated into
the' .Same motion. ~ Mr~ ~ Martin*was~ agreeable, to 'this ~ Mr:~~ Marshall~~ then
seconded ,.the ~motion ~' : - .... ' ~' -~
Mr~-Tucker explained that if the Board approves the motion as stated, the
Zoning Ordinance will have to be amended and-another public hearing held, He
said ~he~Board needs ta 'adopt a Resolution o~.~ Intent~to ~amend the'fee~:schedule.
- :~.Mrs~ Hum~hris asked,.if ~as much as 20. percent-of the:actual.~-cost would be
recovered if this fee schedule is adopted. Mr~ Tucker replied, !'no." Mr.
Bain said,-if this'~mo~ion, is. approved,~ there:willr~be+a significant change in
the:percentage of' recovering costs, . :
,~ Mr..Marshall stated that a special fee for day care centers would be~
created,- Mr. Bain said ~he can support a 50 percent recovery of fees, but he
cannot support keeping the fee at~- $165~00,.~ He· said tha~ ,day'care-is,more-than
just, taking~ care '
ofva.neighbor s,child,? Day~care~is Of,:critical concern and
~0po~a~ce;,.~ Buts~ people have to recognize that it is a business enterprise,
and providers receive, fees for :what: they do. He went on to 'say that the
Countylalready has-,fees~with a 50 percent recovery,_~and he,will support the
Same thing for ,day'care~:centers.. Mr. Bowerman agreed,
Roll was called~ and the motion was denied by the fotlowing:-ra~orded
AYES: ~Messrs. ,Marshall'~ Martin and~'.Per~ins.:~ ..... :
NAYS: .Mr~'Bain,~ Mr,,. Bowerman and~'Mrs, Hmphris~
~:~ Mr. B~werman comented that, there has?to~':be~a?.consistent policy relat~g
~o:what.is going ~o..,be s~bsidized,'~_ -, ,:~..: .... '~: : : ~ ·
,;: ~ c ~:,'~:~,, ~thi~ t ~e, -Mr. -~arshall made ,another ~tion,. which -,was second~_ by, ~Mr
Bain~ to, adopt the:following Resolution ,of Intant:~-
..... ,~:, .... R E:S ,0 L UT I 0 ~N , 0 F-:,~I:N T E N,T
BE IT Rg~0LVE~:that the~.Boa~d o~ Supervisors 0E~Alb~arle:-Codnfiy,
-~irginia, .does hereby state its intent to, mend the Albemarle County~
Zoning~Ordinance in Section 35.0 to change the, fee~ for a :special use
~-.~, permit-fo=~'...day-.,care centers-to $390 when the reques~ is for six-to .nine
. children and.:$780 when:the request is-for,.ten or more children; and
April 1, 1992 (Regular Day Meeting)
(Page 27)
M.B. 40, Pg. 336
FURTHER requests the Albemarle County Planning Commission to hold a
public hearing on said intent to amend the Zoning Ordinance, and does
request that the Planning Commission send its recommendation to this
Board for its public hearing on May 6, 1992.
Roll was called, and the motion carried by the following recorded vote:
AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris.
NAYS: None.
Agenda Item No. 14. 11:00 a.m. Leave Charlottesville for tour of
Scottsville~to~View proposedboundary line adjustment.
At 11:00 a.m., the Board of Supervisors left Charlottesville to go to
Scottsville to~view.theproposed~boundary lineadjustment.'Mr,~Tucker in~~'~
formed~ the,~Supervi~ors that information on the,change~ had. been~forwarded'to
them previously. ' ~ ~ .. ~ ' ::~".. 7%:'"~. ~'~-':'
Agenda:ItemlNo~ 15;.: 2:00 p~m..~ .... Work. Sessions, ROom..7~,
Item t5a. George Williams - Discussion of the Rivanna Solid Waste
Au~ority's (RSWA) budget. The following memorandum dated March 27, 1992, was
received from Mr. Robert W. Tucker, Jr., County Executive:
"Mr
· ~ . · ~George Williams-.and~members of-theRivanna Solid Waste Authority
staff will be presenting information on the 1993 RSWA budget and
associated tipping fees, at~y6ur~.April~'l work session~'~ .While Mr.
~.~ Williams will. have more::detailediinformation ,available at~the~.meeting,
~.~ the following ~preliminary,:information is~providedl ~as preparation,
the,~work session. -
OVERALL
- Operational expenses a~. down 2.7 percent.
- Revenues are up'26.7 percent due to,site development.
, TONNAGE PROJECTIONS ~_~'~ .~ ~. ' ..
- Domestic is level, 82,000 tons. .
. - .Mixed:~dirt'is;,up~ I700~ tons. :'
- Ail others are:'down. '.
- ~Total tonnage is,down 3~,18O~t0ns or 76 percent.
OPERATIONS,AND ADMINISTRATION,'. ' ' ~ ~ .... , ....
- For tires and white goods both revenues and expenses are down
over 75 percent because of diversion of these items to other
disposal means. - -
- A.new category, of expense for-.the~ Recycling ~'Center, is added
($77,000) with an associated revenue.of $8000.
- The allowance: for special Household Hazardous Materials col-
lection is_increased, from $70,000 to $120,000, reflecting current
year costs for::this service. Alternatives are being, considered:
- The shared administratiee costs'~(with~the~Rivanna Water and Sewer
Authority) allocation is raised to 40 percent ,from 30 percent.
- con{tact services (operations) is lowered from $85,000 to
$45, ooo. . , .....
- The. RecYcling/Refuse/Reduction direct education expense allowance
is raised to,$20,000 from $8000 to allow for significant
increases' in'. 'the: emphasis, on 'publi~,.'education.~'~'~
The Yard. waste composting effort is proposed at $20,000, chiefly
to fund_~a :study of disposal-:atte~nat'ives-, for--this waste, category.
April 1, 1992 (Regular Day Meeting)
(Page 28)
M.B. 40, Pg. 337
STAFFING
One additional clerical position for the Joint Administrative
Staff shared with the Rivanna Water & Sewer Authority.
One half-time position to implement solid waste education
programs.
- Two percent across-the-board pay plan adjustment.
SITE IMPROVEMENTS PROGRAM
..The budget~.proposes a. significant increase in tip fee funding for
site improvements, which includes facilities improvements,
closure and remedial costs, leachate system development and new
ceil development.
The funding~ schedule.has-,been affectedbylower, than:anticipated
collections for FY '.1991(five.months)':and-FY'1992~
Joyce Engineering:projects cost.s of $21-,545~000 by:the end of FY
'1996,
- Impact.'of-~House Bill 1073 is unknown atthis time."
Mr.' Tucker called atfiention to a couple of corrections. Overall opera-
tionat expenses .ara~ down3.; t 1 percent instead., of' 2~ 7 percent.~:: Revenues are up
· 16,1. percent and not 26.7 percent'as his :~memo~ indicated~ ~:Mr-;~.:Tucker said he
will ask Mr. Len:,Wa.lker, Director of Solid Waste, 'to: d,iscuss ~he:maps one:
display at,:-this~maeting,~.to give some idea of the overall master plan of
deVelopment of the Ivy Landfill. He believes this will answer some of the
questions regarding the,, budget. ~ ~ · - ~, ~'~
Mr. Walker went to the maps and pointed out the Ivy Landfill and the
existing scale hOuse:~ the ~closed cells and the: cur~efit,ly,active:.cetts. He
said the circles shown on the map were prepared by Joyce Engineering, and they
highlight the closure plan, which will take place in three phases. The pink
area, ~which~:compr.ises apprOximatel~ 16 acres,, is, the Phase One closure plan
which will occur prior to the recent EPA standards going into effect. The
Phase One closure plan is estimated to cost approximately $2,000,000. This is
the only part of the ,Plan: in..this~~ budget, :--and it .is to :~be :.done~:.during FY: 1993.
M~-Watker~ said that P~hase Two.and-Phase Three., shown-~in-green, are ~to.be
done during FY.~,99~., FY 1995 and FY' 1996. Within the ~t~ acres~ included~in
Phase One, there,.~is a mixture of old. cells both: :lined: and unlined~.
mentioned~'that House Bill 1073~ reCently passed:, could posslbly,help with-~
costs ~since~ it, indicates.that State standards shall be no more stringent than
EPA standards. He noted that House Bill 1073 has not~ been signed, and even
after' it is signed, the Department of~ Waste :Management~ will have i to study it
and formulate, r~gulations. .~Alt~ of ~his willY.take, time, .. but he~is "fairly~-
confident<that ~there. will boa reduction of apprbximateiY.$500~000.... He.added'?
that:there.could"be~more savings for the ,Phase::.One closure, buts. he i's,unsure
at this~ time due to~other-considerations at, tha-~Department Of Waste~..-
Management. ~. , · - ....
-.. Mr. Walker pointed ~out on :the .map .an area:~where, he said. there'.will
probably be some more unlined areas, which may, on their own merits, allow for
some additional savings~, possibly several .million-..dollars';. Unfortunatety~
there ~are :other -factors,. such as a" monitoring well:- which has shown
results~;:~ Because.of ~this~. it may.' be impossible to use-~the less expensive cap,
but by .the:'time, this phase':is:considered, the.:situation, witl. be clearer..~: Both
the. EPA.and the Department.:~of Waste Management..:require that cells:-be
according, tO some:standards, althoughl there maY-~be~..some flexibility in those
standards~ - Rainwaters.needs ,.toad-be: kept.:from, filtering down and. causing.~more~
!eachate from being.produced'~-~ ' .
. Mr,. Watker~ added Eh~t. When ce,lisa, are:closed.,, new..¢ells..have to be, ready
to receive,.:irash. ~Celi,-Three-will :probably be, compietety~ full:'by,.this
October,,.so something needs to be done qui.ckly. He called attention to a
certain area on the map where he said an expansion.would be bid.soon. He said
April 1, 1992 (Regular Day Meeting)
(Page 29)
M.B. 40, Pg. 338
this is a 9.4 acre cell. It is hoped that this cell will be ready for waste
this October or whenever the Cell Three expansion is needed. He does not know
the cost of the expansion or how long it will last. He explained that the
expansion will be bid two different ways. One alternative would build the
expansion according to the standards of Cell Three, and use that cell for
domestic waste until late October, 1993, when a new type of cell will have to
be used. He said that after this time construction debris could still be put
in the expansion of Cell Three because the debris can be disposed of in a
single-liner cell. Mr. Walker said this means there would have to be a new
cell located somewhere else, which will be Cell Four. He noted that there is
only some money in this year's budget for preliminary design work for Cell
Four. He pointed to a yellow area on the map and said this is a 40 acre area,
but Cell FOUr is. only~a~portion:of that yellow area, an area of approximately
nine-to- eleven acres in size.
Mr. ~ W~lker said when the. Cell -Three, expansion, is full,.: Cell ',Four' will?,
have to..be:..used, although, :Cell Four' construction can'.be~ put off by staying in
the Cell Three expansion. If' this is the case,- then a,' disposat-..area for
construction .debris will~ have' to.. be built because in. iate'-October, 1993, a
lined, ceil wi-il be required~ for:this activity~:' Two cells' will have to-be
built by October., -1993~~ .They.:are a domesti,c celt-:.~and.-a, construction debris ::3
cell: ,_One-':of them may be.-moved forward a couple .of years, depending on Wha~t .is
done:' with, the Cell' Three expansion,~ ~?'Both, o.f them will .ultimately ~have~', to be
done.; .: .... ' · ' .~ -
'~ ~.:.~a~kar called aEtention to,an, area'on ~the, map. where tha~ c0nstruCt~on
debris call. ~ill'probab~ be. ~ooa~ed-. He re~tera~ed ,Chat ~he only ~t~ in-the
FY, ~t993 budget for: fu~u~e cel~ ~onstruction~ othe~ ~han. the Ce~t
expansion~, is for preliminary design. Construction of the ce~s wil~ come
later.
Mr. :.Walker ~en ~showed ~ some preliminary design, work o.f:- a new- access, road.~
and relocation of~the maintenance shop. mnd ~he scale house.' .The ex.isling
maimtenance:.'shop and Scale house are:. vaStly~inadequmt~.-There are a' l~t of
employees on site, amd: there':is expensive equipment on' si~e:which'needs ~o be
maintain~d-amd repaired-. ~at is cur,rently: being done..is:not-adequate,'::_If
the :.Ivy:.Landfill is t~ be us~" for the.~.next 't2'~ ~o-'. 15 ~'.~ea~s,.'..some money has: to
be..put: into: expandihg~ thee: faciii~ie~, or-'.renovations,..which: probably would
~ost as much as building a new facility. ~en the site is moved, it is hoped
that this facility can still be utilized.
Mr'. Walker. noted:~that',Joyce · Engineering. had: the idea of leaving ~the..old.
:Scal,a house, with'~ one .of the scales, in: operation ~ and. putting some:, compos~ing
op~=ations in.a public convenience area.. ~is area.coUld include some re:~
Cycling dropoff containers where citizens could bring trash so they would not
need to go into the: big truck areas. ~is is a good use for this facility,
and, by putting in::a new.access to.ad, it would also allow the ability to
locate~ truck' ~raffic in:'one, ar~a'~
· .Mr~ .:Waiker said.most; of the new a~cess:~Oad-.is a-necessity, so. ~enstruc~
~i0m of,~the,.:access:.road is; needed raga~.diess -of whether' or,' not .t~e:_ald.
trance, is:? used. '
· He explained '.tha~. -a~.~.ei~izens: truck .,is. available'mow ~ t~ ..keep.
~ars from: b~ing: involved where-, the:: disposal- edits: are: located.. ,. This: is~
convanience.-as .wall as. a safety- factor. A .se~ond~ scala is beimg instatled~*a~
the: ex~sting:loca~ion ~and will p~obably be operational some time next week.
This scale can: be moved to.a new location, which would require some cost, but
the basic'~.eost wo~td..no't.be~wastad~ ~. ~enew scale:'~.would: be~'moved, .:~nd~:~he~.~.
original scale l~ft,. ~.here i~. currently is.. located. ~o.. be-: utitiz.ad, for~ .,aom~ ~ ' -
posting :.or recycling operations ~..etc ~ .~ ': '
.~ Mr. Wa:lker mentiOned-the Si~e~ Improv~ent Program,.-and~ the: coSt. estimates
sho~.-in--.the:~ FivezYear..Plan. ,These- n~hers' ~are estimates, and. will come after
FY, '.1993~ He no~ed~that, approx~ately $.2.3 million is forecast for angir
nearing fees:'which go from the beginning: of the pro~ect until the end, They
involve applications to: the State, permits, meetings~ designs:and, construction
phase :. services , e~c. This is . a:, tot 'of.- money, but:it is being-s:p=.aad over a
iong period, of time for.the.whole pro~ect. , .. :'. ?-.: : .-
.~ Mr, ~Walker said--he wanted the~ Board m~bers~ to :understand :tha~-. Cell~..Four
construction will.not be the complete...development of the Ivy Landfill. There
will still be a..nmbe= of: cells to be developed:; = In'-.-the $21~0 million,est:i-
mte, there: is no..money for: closure of' .either*-: future: cells .or the two< ceils
April 1, 1992 (Regular Day Meeting)
(Page 30)
M.B. 40, Pg. 339
that are to be constructed by 1993 or 1994. The estimate relates only to what
has been there before, what is active now and the construction of the two new
cells. It has nothing to do with what will need to be done in the future to
maintain the life of the Ivy Landfill for 12 to 15 years. The estimate also
does not include on-going costs that will be necessary, even after the Ivy
Landfill is full, which is estimated to be approximately $340,000 per year for
15 or 20 years. Some of these on-going costs include ground water and surface
water monitoring, leachate collection and maintenance.
Mr. Walker said since the Rivanna Solid Waste Authority took over on
February 1, 1991, there have been no personnel increases except for the
position of a heavy equipment mechanic because the equipment repairs and the
extended lif~ of.~.the,equipment.are greatly enhanced by the mechanic's posi-
tion~ There has been no equipment added, although, a track loader has re-
placed another track loader. Other than a utility truck, which he does not
consider equipment~, and two pickup trucks, no equipment has beenadded. ~H'e
does'not want'anybody to:,think operations have been increased.at theIvy
Landfill in'any way~.~ He then invited',the. Board.members to.~tour~the Ivy
Landfill .~ ~.
~ Mr. Williams .saidh~met with,the Division,of:Waste Management?last~week~
because he,'~is quite anxiousto see exactty',what~impact.future site improve-
ments will have at the~'Landfill. He~feels~good~about the savings in the
initial Phase One closure operation. He thinks there may also be savings as
some Of~the future~cells are closed,-including the construction.debris cell.
There arena lot ofunansweredquestions-about~the~legislation/because~it has
not yet been signed..:The'staff-at the Division of WasteManagement:-is unsure
how^thelegislation will. heinterpreted. He-said,,that this. matter, will .be
monitored.' by his staff~ ' - · ~ ', - ~ : '~ · ~ · ',
- Mr. Marshall:inquired,as to how much landwill'ber'equired'~for'the wells
to' be constructed~at the old Keene:Landfill~site.:.:Mr..i'Tu~ker said"'~heRSWA is
not:.involVed.-with:the Keene Lahdfil:l~ that~istheCb~unty.'s .responsibility.
· ,~e wells at Keene are being monitored, but it is unknown what con%aminants
will'be found.
.' 'Mr~Bain called attention to<theMarch27., 1.992,, memo..~,from'Mr.'.~uck~r~
noting~,that:the memo::indieates the:domestic?level: is. at. 82,.000 tonS~
wondered if the domestic level is~down:this~year from last.year~: Mr.:.Walker
responded:~that the domestic level-oftonnage'..is'down'slightly:from::tast:year.
The,tonnage projections:etc,:based on a. combination of'~things,, and there'have
been some~ decrease in recy¢ling.~ '. ~ ~
~. -Mt. Bain'mentioned the total tonnage figure shown on Page' Three:of the
RSWA's budget. He asked which category the $37,000 decrease involves. 'Mr.
Walker:answered;thatthedecrease-comes fromthe:category~ of. COnstructionz:
debris; On, February 1'~ when the:tipping feeswentinto~effect~.-,.therewas~a
dramatic~drop;:in.'~,this category~ It. is anticipated~ that, Chis~catego~y will
increase?some, if.~the~.economy improves,, and more conStructiontakes ptace:~
Mr, Bain inquired about the expense of the recycling centers, Mr:. Walker
said-most!of~,this, expense~ is :for~the new staffed center, at McIntire Road,
Thiscenter ~ilL'..~e imp=oved, requested~.items~;will:,be~included, and there will
be~longer~Operating hours.~ ~?.~ .... .i~.
:i,~. ~Mr:~ Bainasked~if. the~..~citizenswiit~have'to~ pay"for anything_they'-bring
to-theuenter~at~McIntire.Road~ Mr. Walker replied, "no."
Mr. Bain wonde~ed.~if-the RSWA-Board.has made.any~decisi0n rela.ting to~
hazardous waste Collection. Mr. Walker replied that_.the hazardous wasters.
collection.:that took place in. November cost,$69~',000~ hewas, shOcked,"~The
RSWA Board has committed,to,a'hazardous waste~-collection?inthe SPring,
Scheduled for May~30, 1992. .-.For the future, the~RSWA Board~-has:.directed the
Staff to evaluate and~study~,~he~.situation:to-.see if-~there is. abetter?way to
make this collection. What will happen in the future has not yet been
determined., .- ~ "~ ~.. : :
qu ye. g/Re e~Red .
~ .. Mr~,Bain~.in iredabout.the-,Ree lin fus uction:.direct-education
expense:,~incr~asing from, S8000 to.$20.,00.0,. He asked, what,this item~involves.
Mr, Walker askedMr: Bill Sessoms, Director of Administration, to..answer Mr.
Bain' s ~question, :' .-Mr..'~ SeSsoms reptied:. that :: cost: covers, direct education
April 1, 1992 (Regular Day Meeting)
(Page 31)
M.B. 40, Pg. 340
expenses such as program costs of materials and printing for various publica-
tions. Subscriptions for pamphlets that are published by outside agencies are
also an expense, as well as the ones that the RSWA produces.
Mr. Bain asked if the proposed $20,000 expense for the yard waste compost-
7lng effort is just the cost of starting a program. Mr. Sessoms responded
that the expense is intended to fund a feasibility study.
Mr. Bain inquired about the half-time staffing position to implement the
solid waste education programs. He asked if this position became available
because someone already on staff is changing to a full-time position. Mr.
Sessoms answered that the half-time position is still being discussed. The
budg~t~includeS-a half-time posit{on, but the Board is still considering into
which program this half-time position will be placed.
: , Mr,~ Bain mentioned the ~ Site_~i Improvements, ,Program:. and'~ the fact, that the'
budget proposes a~significant,.increase-.in thee.tip fee, ifor funding site: improve-
ments. Hewondered if' the~,work of,:Joyce Engineering was bid or if Joyce
Engineering was brought in on a contract basis. Mr. Williams answered that
when the RSWA was- create~d, .the'-Gity and CoUnty.' ,had,'~a_ j oint~, cont,ract with' ,Jpyce
Engineering, ,and there ~ was ~a provision- in,'the contract~ which ~allowed'-,the,
contract to:~be ,,transfer,red. to the,,RSWA. M~. Bain~.~asked if this is an
on-going contract. Mr. Williams answered that the contract could remain with
the RSWA forever.~, ~ · ~ ~ ~ -,~ ~ ' -- - ~ -~ -~ TM
· M=. Bain~ said there are a lot~ o£:: firms, in. the same-business: as' Joyce
Engineering,-. He wonderS'~if it would be prudent to bid out these project~i
whiehwoutd also..include bidding the cost of the,design, etc. Mr: Williams,
answered~that construction of the projects would.certainly be bid under the
Authority's competitive bidding system. To date, Mr. Williams thinks that
everyone has'~ been satisfied with Joyce. Engineerings' s services.:, Mr. ~ Tucker.~
Mr. Bain said that overall, in terms of expenditureS, he thinks'it .is
good to. have more ~than one company, involved in bidding:~ '~ae suggested~that, the
RSWA: took at ~hat other~firms are.-.doing~. Mr. Williams responded'-~hat, engi-
neering: companies· tend~ to be: on ~th~, conservativ~ ~ sid~~. when they ar~· gieing
estimates¥ .... ~ ........ ' '- '~: ....
Mr'~ Bowerman. asked ,about,. the Co~Cy' s' business license' based on gross.
receipts ~hat the' haulers are' subject to; . Mr', Tncker~ reptied',that 'the, haulers
ara taxe~'on total g~oss receipts;. Mr, Boweman.:asked if that,:~makes~sense in
terms o~,~:what the County is ~Collecting for revenue~, Mr. ~ucker said:,this-'is
· based O~ what is'-: allowed' under State Code: provisions.,.~ ~ - '
.
-~ Mr:;~ BoWeman stated:that the increase in gross~?reeeipts~c~e-abOut~,
because of, the tipping fee; it procides no additional revenue' to the hauler.
Mr, Tucker agreed, but said he would have to get a ruling to see if Albemarle
Cowry could do something different. He' is sure :this question has~ been
brought up elsewhere,in the~Virginia~ .~ ~:-
'.... Mr. Bowerman said he thinks,~this situatiOn-needs to,be ex~ined.'~ Mr?
Marshall.comented that people should, be taxed on profit and not on sales.
Mr. Bain r~arke~ that when the closure costs, existing cells .and moni-
toring~ etc. :~ are considered, almost $2; 0 million in~expenditures:- is.: proposed:
for next ~year~ Since the. County, is paying half,:of that~cost, thee, County;wilt
be~ paying: ~pproximately '$900~000:~ The tipping fees, will pay for, at,~least part
of. ~his~ cos~:. At.the :time:-these:'ce!lg ~were 'being used', all of it was being
paid out of general revenue. Now collections: are being done to take care of
something that was done: in~- the past:,~ when~ there ~as-~ a totally: different method
employed. This~ is one Of.the things Mr.-.Bain:believes should be ex~ined~
Mr, Tucker said it is. hard-for many,people' to-~derstandf that the County had,~
revenue:to open a~new::.cetl and. fill and cover it. Once:it:was finished, that
s~e revenue'souree"was still available. That is why there were non any
significant- increases, until the. new regulations~ began~ No~ when a ~cell is
closed~ it:is-really not~ finished, becausathere~are r~edial~,costs that
~remain and may-remain for:many year~ to come.- He noted,that this is:why-a lot
of the costs are escalating. Based upon those existing cells sho~ in pink on
the map, if,the Board. wanted~, to prOvide:some type:, of~ subsidy, this should~be
considered~ because ~hat~{area and~:those c~lls were developed prior ~o the~,-
April 1, 1992 (Regular Day Meeting)
(Page 32)
M.B. 40, Pg. 341
RSWA coming into being. Perhaps the City and County could consider providing
closure and remedial costs that relate to those cells that were created prior
to the new regulations and the creation of the RSWA. There would have to be
creative financing considered since the City does subsidize its fee.
_ Thought would have to be given as to how this could be worked out between the
two entities. This situation would need to be examined if this Board is
receptive to providing some of this subsidy. He went on to say that the whole
issue, and the concern of the public and the haulers is the question of
whether this should be funded through the tax base or through tipping fees.
He said this would be a major policy decision for the Board to make.
Mr. Marshall said he would like to know the County's revenue projections
based on th~ n~w~reat property assessments. It may be that the County can
fund~part of these expenses. He would like to see the County do away with
the tipping fee at some point in the future, and fund the whole program. He
~hinks.,this is the~fairest~ and onlyway to?s~op citizens from~dumping~trash on
the back roads, ~He~ also thinks it i. would~solve a lot: of~other'~problems - .
i.~ Mr~ ~Bain remarked~tha~ a waste~to~energy program~looks ~more promising
When costs,are ~considered~ ,He said~ landfills will~cert'ainly~,be~needed~'~
f~rever, ~ bu~ a waste-to~ene~y~program~ would~hetp ~go get~ rid~ of some .of~'the
acc~ulatiom of waste, amd~~it~ w~uld not~ be~necessary~to keeF-the ~hole progr~
goings for 20 ~o 30 more years.~ ~. ~ ~
: ~ MC. Ma=shall~co~ented thmt'his business d~pster':sets in the City, and
people bring in their trash from the Cowry to that d~pster. Everybody is
looking for~a' way to get.rid ~of something without paying for it~ He-.c.om-~
:mented',~. though, that~~ if:~ta~es:'are-increased, the people~ are going to have,to
for it..l~ ' - ?'~ .... ' ~'
~, ,~Mr. ~Bowerman sat: from an'equity,point of ~iew, increasing the.~t~pping
fee Only affects ~he people ~ho are?doing what the~' are supposed,' to',flo. A
great n~ber of people get this service free, ~d. they are part. of a probl~
that 'is. b~:ing pushedl into,., the future;, Mr, ~'.:Marshall~, may ~ba~ right tha~: ~he
general government ~has the r~sponsibil~ty: to:subsidize~,such programs ~.,~ He said
~here~has ,tO be,:an~ incentive': to,t, reduee' domestic ~ waste~ and? to ihcrease th~
recyclables:~ ~ But~-, he. is-not sur~ he~,:knows o.f: any.~way..to~. do~ this.:¥ -~Mr,,. Tucker~t
said.~he, does not~think..~the" 6o~ty will' ever' get rid of illegal d~ping even if
the tipping fee were coveredi There was illegal d~ping om the County even
before: th~.~waste~program.started~ He:went:on to':"say~.that it~ is. a, disincentive
at ,this time for people~ to~ have-their waste legally pilcked.-up and-taken to the
landfill ~: ~ ~'~
Mr. Perkins said it is a v~ry complex question and involves law enforce-
ment. Waste was d~ped illegally even when there was no tip fees. He re-
called t~t' one,. new' d~ping.area he saw had mostly Alpo'dog food. cans-in-.it.
He~. thinks.~,that if -someone e~ afford ',that kind of dog food,.: they. can :afford
to. pay.,a tip fee~...,He added that there' is~a place for tipping-fees, but:he
also thinks ,that.-incentives need-, to be~ ,Cons~idered :1 to~....encourage, peop
recycle. ,Som~ people.use ~the.-tandfill..more :than,others, ~.and'.they should 'have'
to pay for'it, whether,it is a 1business or,' a househotd:~- ..... He co~ented.that-he
can: dispose~ of his yard.:~waste on,'~his property in a. iegal manner,, but~ peopie~
whO.~live:': in~ the urban., area- cannot do this ~' He asked Why' he.:-shouldTsubsidize
these people when-they take,their-yard wastes to the landfilt~
MrS. Bowe~an remarked that.there may be a.~combination of solutions.:_
dees~'not-think, this problem:can be significantly improved unless the C'o~ty
has staff to go after the people who are d~ping illegally, catch th~ and
have ~h~ incarcerated; for a ~coupte of ~years. ~ ...........
,~Mrt ~Marshall, said he understands'Mr.'~, PerkinS~ earlier, co~ents-. It would
just as: easy to say .the County .does .not need a Fire. Department ~or,a
Department, but these things are needed for everyone~ .Some people are going
_ to,~get--more .advantage -. out, of 1them than Others. :. ~-The. whole -picture..has to be
can. t. afford- trash remova 1,
considered .because.there area_, lot3. of people' who '
and .they are having, to pay. There,are ~atso_ some .people who don.'.t' have~ the
money to:_dispose of: their:waste, properiy~ so- they are illegaliy~d~ping.:their
waste. -- ~ .. . " ...... .
Mr. Tucker pointed out that there is no incentive for people. ~ho recycle~
He noted that-: ~n his o~:'home, the-n~ber Of bagshas:.been cut:'from four to
April 1, 1992 (Regular Day Meeting)
(Page 33)
M.B. 40, Pg. 342
one a week. He notices that his neighbor has two or three cans full of trash
each week, and his neighbor is paying the same fee that Mr. Tucker is paying.
Mrs. Humphris asked if there was a way to build an incentive into the
whole picture. Mr. Bowerman said he would like to ask one of the haulers to
come forward and respond to this question.
Mr. Randy Layman came forward. In response to comments about composting
yard waste, he feels the best solution would be to ban yard waste from the
landfill. If homeowners needed to have yard waste picked up and carried to a
composting facility, this could be arranged through whatever collection system
is already in place. In response to Mr. Tucker's comments about his personal
r~cycling,~,h~ saidMr,~ Tucker~_is;~till creating the same amount of trash to be
c~llected, he is just putting the trash in different bags for a different
method of collection. If Mr. Tucker carries his recyclables to the McIntire
Collection Center, under'the present system.he is not'creating enough~waste'to
pay for~'the cost~.of~recyclingthose items. ThiSis the reason..haulers~are,.
concerned about these issues.
-, Mr.~Bowerman asked%Mr~ Layman. to~repeat~his~comments~ Mr,~&Layman. clari-
fled his' comments by.-saying the~McIntire~Collection Center is funded through
the tipping fees. The homeowners who employee one of the haulers for re-
cycling~and~waste removal, pays one hundred,,~percent of-thecost~to~thehauler~.
The~homeowne~who~uses~the McIntireColiection.Center~ can~carrythree bags of
items to the/Center~for..recycling~ andthere is onlyone~bag to?be-.taken to .~
the,landfilL ~MOst of-these people areno~ using.~.thig,service, because they ....
are,taking their bags and~putting them in-somebodyetse:'~s,,dumpster. <
/~ ~Mr~.iPerkins noted~that there arc-.ways a~household~can reduce ~he~things
going toga recycting~cen~er orthe~:dump.-:forinstance,:aluminumbee~cans'can
babought instead off,beer"in glass bottles! He saidthis?would~reduce.~th~
tonnage,tand~he aluminum beer cans.are ~easilY recycled.~:~.~He:~said~his~wife
does~a~tOt of.,canning, so,he does not have cans to throw away.
Mr. PerkinS~said+a~househotd~ can reduce' its soLid, waste, ~if the people., in
that household ~desire ~o ~do so~ He ~thinks ~MC~ 'Layman should~be, ~charging the
person,less who has one?bag's'of ~trash~than the.one who has four ~or five~ trash
cans~ full-~ i Mrs. La:yman.:responded ~by~~ saying that~.~haulers'do"~offer~thOse'~rates:
in./'a.~lot.: of/.cases, ,but they:get'~ in~t~ouble~Lsometimes when lower~ rates~ are:'~
off~ed~ ~'If a,. couple~of.: people:. are'~talking~- and-:~ they find.~out~?that their.,
trash::pi~kuP rates.., are. different ~ _ there is ~ a~.:goo~- p0ssibitity-~that, the: hau,ter
will to.se:, both '.. customers . '~He: said: this, happenS all<the'time: to him because he
uses a: fluctuating rate~.
~Mr.. Martin asked., on~ what the-.fluctuating rate is- based. - Mr;~:~La~an:,:~
answered, that. the fluctuating, rate is':based on the vol~e.' and:ieve.l~:of,'service
that- the homeo~er receives.. -A fluctuating rate~ is hard t6-:keepcup..with,L:
especially when new,employees are put on .trucks. ~at.~ is.~why there is usually
a general rate used, although it may va~ from neighborhood to neighborhood,
and ~y va.ry~accordihg to whethe~ or not~it is~..a rurat'area~ orca subdivision,
He~.added that'everybody.has the opportunity to reduce their,~waste~regyclabtes.
~en haulersxhaul .waste and recyclables~,'~they: are hauling the~ s~e> ~o~t~of
material~ but-it' is.a two~step ~collection syst~: - ~.: ~. :
~~Mr. Bowe~m~ :asked :,about ~ ~he~ RSWA' s public hearing-~ on April'] 27. <:Mr;
Tueker¥,said ~.the public hearing-will be. held.: in:.the ~Au4itori~-of ~the ~Go~ty~
Office Building at~.7:~00~p.m~.~~ ~-~."~ ~ ' ~ .......
Mr. Bain said he would like to know about the arrang~ents with Joyce
Engineer lng ~ ~. -. ~ ~ ~ .... ~ ....
.... Mrs. W~lti~s.said-theRSWA wiil~ be sponsoring.~a seminar in~ the AUditori~
of~-~the~Cd~ty~Office Building on-May 20 at~ 7.:30.p.m on back~ yard composting.
This seminar~ will be for any,City or County~~ residents who are interested
Mr,., La~an c~e ~back ~to~ discuss~ the~, financial incsntives. He:said~ if _~the
t~pping fee ~were funded by,.the'CoUn~y< in Whole or in,<part, the~haulers wouid
be?able: to reduce -their~ p=ice~ to the,homeo~ers ~ and~ offer recycling- progr~s.
He feels this would give the homeo~ers~ the financial incentive necessary. He
had a ~76 percent.~participation'~ateSbefOre~<the.~.tipping~.~.fee was~ instituted. He
M.B. 40, Pg. 343
IApril 1, 1992 (Regular Day Meeting)
!(Page 34)
~now has between a 40 and 45 percent participation rate. He cannot perform a
recycling program for nothing; he has to get something for his time and
efforts.
Mr. Bain asked if this is the same situation with other haulers. Mr.
Layman replied that several haulers had experimented with recycling programs,
but he is not sure what rates these haulers used. He believes the percentage
for these haulers would be from 20 percent to 30 percent for the larger
operations. He tried a program early and did a lot of experiments. He is a
small hauler and works in the neighborhood where he was born and raised and
where he now lives. This is the big difference as to why he had the 76
percent participation rate, but he pointed out that it even took him a couple
of~:-years t~~ teach',this Cate'~ --He~can get back to this rate if the price is
ri~ght, but the haulers are pricing themselves out of the market. Some haulers
have put out survey letters, and most of the people who responded said it is
getting to"a point,~where they could not afford'to dispose of their waste
tegally~ Mr.'~ Layman, said- the reason- he' started ~his business '16, years~ago was
to'keep~ this sort of thing from happening. He added that he is right back to
where he was 16 years ago, and the situation may be even worse.
~.Mr~.-Bain~ stated ~that where policy_ is invol~ved, everything has to: be-:
~rdinated, with the"City~ . :' It.: may-b~,~ good~ idea to: talk~, with City · officials
to see~where,their ~interests~ lie2' He~ does not ~want the Co~ty~to. do ~anything
to confuse the issue~ ~Mr~ Tucke~:agreed that it'would not~ be:a~good idea. to
create~different tipping fees since it would'~be, difficult'to a~inister.
~ ~,~ ~,Mr.-~ BoWe~an~ ssid- if the only way~ to deal with the'matter over ~,'the next~
~2 months~ is'~ through an~'~ increased tipping, fee there~ is no other choice' if,~- the
RSWA haS to, f~d~its~o~ operation. Mr.. Tucker,~,concurred~ '~'.He~said~the
tipping fee is their only ~source of revenue~ other than the~Cityand~County
providing:,funds from ~the tax base~
-- ~Mr. ~Bowe~an co~emted~that .he ~does~notTknow~,of an~h~ing else that-can ~be
d~ne-today~.on this:matter. -M=. Bain~ concurred, Mr. Tucker'stated this was
primarily for informational purposes: only.
~ ': ~ 'Mrs ~ ~ H~phr gs;~. suggested ~ the~~ Supervisors Se-hedule '.a~ Zr~p: to~ the I~., ~:~ :.
Landfiii~ Mr~ Bain~eatled~ attention to~,~the~breakdo~of~'the tipping fees~,~in~
the RSWA~ s bUdget ~ ~ ~He smiff?~hat~¥ ~hen~,_domeStic d'isposal.~and ~indirec~ ~osts~are
considered, ~: it;~ is~~ very~ little ~ompared to' the~ overmti7 tipping ~ fee~ ! ~Site
improvements are-two-thirds of-,the total.
, ~Mr. ~Bowerman ~hanked .~he-~RSWA? s~aff:,fO~.~at~endi~g the ,SUpe~isors' ~ and helping the~ SuperviS°rs ~t~: understand the?~ probt~s bettering,
Agenda. Item NO~ 15b. Discussion: Route ~29 North Aesthetic Improvements.
The fOllowimg~ memoranda; dated~April~ ~1 ~ 1992, ~,~ was received~7 from ~ Ms, ~-Marcia~
Joseph,?~.Design Planner:~: ~ ~ '~ ~. .... - ~ ~:~-~ ~ ~ ~ ~" ~ ~
"Background,: ~e~ Board of SupervisorS" has'requested ~nfomation
conce~rn~ng~ the~: addition of-'aesLhetie: improvements,: such as landscaping
~ 4; ~ ?to~ the..proPosed~ Rou~e~ 29:~ North' roa&ptans~:;~in response.to. ~he::Board'
'.::~.: request~: the;::Arehieeeturat ~. Re~iew:~ Board~ (~B)-~; has met~~ and'~ evaluated:? the~~',
:~. ~ road~: plans to detemine.:~ if' :any: addi~'ional; improvements~sh6uld be
proposed.. This m~o addresses the feasibility of incorporating plant-
ings and other, design impro~ments within the~ proposed exp~sion pla~
for Rou~e~ 29:-Nor~h;~ and~,the .necessity of~develOping::a comprehensive
.... '~..~design plan~ f~r, ~he future development of.~ ~he corr. idor'~;?:
- ~ ~isc~ssion: The, ARB review~ of the road plans revealed info~ation
conceding ~the~ grading ~required~ for~~ c~nstruction.,. ~B~cause~ the road:,~-
~ ~ will~- bs-~widened'~in~ most-~areas to acco~odate additional ~lane~s, ~he
~,~ ~,,,,existing elevations in the median and along 'adjacent properties'will be
modified.
In,~~ some~ areas, ,the~ existing medians contain ~substantial~-~vegetative~ ~
growth.'~ ~ This: growth~.will ~.~be~ removed with the grading ~required~'fo=- ~his
project. Some vegetation ~ ex,isting on~ adjaeent, properties~ will~ also be
removed?with~ the grading ~ -~ ...... ~ ~ ~ '
i~April 1, 1992 (Regular Day Meeting)
Page 35)
M.B. 40, Pg.
The proposed road plans also indicate that a substantial amount of
vegetation exists that has been planted by adjacent owners within the
Virginia Department of Transportation (VDOT) Right-of-Way (ROW) along
Route 29. These areas include the bank planting along the Fashion
Square site, and the recent plantings along the Seminole Square site.
The resident engineer for VDOT has indicated that existing power lines
must be moved to accommodate the grading. Virginia Power has not yet
determined the extent of the relocation or the estimated cost.
Within their discussion, the ARB included the possibilities available
for funding any improvements they may suggest. Several matching grants
-exist~hat~are related~to~ beautification projects. Most of the grants
.the ARB discussed are specific to plant materials, these include:
Green Virginia 2000, Small Business Administration, and America The
Beautiful (Exhibitsi. A~ B and C-)~ Other~means :of .funding discussed were
county~ contribution, benefactor support, and ~business ~-and,.civie group
~involvement ~.
The Planning Department has met with VDOT and~has' discussed several
issues concerning enhancing the aesthetic properties on Route 29 in
conjunction with the'~proposed~road pians,(Exhibit D). These include:.~
1)~ iUsSng mast armsignalization- , · .-
2) Planting within the VDOT ROW,
3) Relocating the utility lines underground.:
VDOT~ has~not determined!~ if. these''~ items can- he,incorporated within~ the
propOSed expansion .project~ ': ~ .......
Recommendation':. The Architectural. Review:.Board:has'-,propoSed' that.the-
improvements ! f-o~'t Route- 29 ' include :the.-following:
1) Relocating the existing, power lines underground.
· . · · ' ....
-2) ,'.. Replacing Wire mounted traffic light signalization'with mast
arm. traffic .tight-signatization~ ~
3) Investigation~of.available grants for.funding-the revege-
ration- proj eet~
4). Reduction-in sign.size-and height' allowance and reduction.in
setback~ as~- reflected -' in '. the.,proposed s ign:/or.dinan'ce,:- (-Exhibit
. G)~,i.~' ".
'fi --vS),AdoptiOn. of acomprehensi~e:ptan~that will propose additional
!...-'~:~?:.:plantingsalong the~eXisting~properties'adjacent to Route.29
and within the median strip (Exhibits G and E).
Staff suggests that'acomprehensive plan be designed and adopted for
the Route 29'.North~corridor~'::Within:this plan a phasing-process'.shoutd
be outlined--tO~inetude relocating/[the'~power lines underground'and the
installation of the plant materials. The phasing should be defined in
five,:one-year:,intervats:~'~ By':defining. the~:phasing'.~.:'.this plan'-could
then be included, in.,the~Capital Improvements Plan incrementally over a
five-year period.
The Comprehensive Ptan~for..the corridor'!'witl,~also~inctUde~.~-~
1) The estimation of the costs for undergrounding the power
- '>' ~ t:.. i ~
2) The estimation of-the costs fOrTthe plant material, installa-
tion and maintenance~--
3) A,phasing..plan~o-gmide:.the:'devetopmentt~andGapitai..Improve~-
.ments,Plan~...
4) ,.Atdetermination-oft,grants~ ~nd>other,soprces-of..revenue
available."
April 1, 1992 (Regular Day Meeting)
(Page 36)
M.B. 40, Pg. 345
Ms. Marcia Joseph, Design Planner, stated that a few weeks ago the Board
asked if it was possible to add some aesthetic improvements to the proposed
Route 29 North road plans. She then showed slides of Route 29 North, so that
the Board members could see what is currently there, and what will be elimi-
nated when the improvements are done.
In response to Ms. Joseph's comments, Mr. Martin asked if VDOT plans to
use the property that is located in its rights-of-way close to Route 29 North.
Mr. Tucker responded that VDOT could use the land if it so chose. He noted
that %rOOT owns the land, and VDOT has to give a permit to Fashion Square,
Seminole Square, etc., to plant within a right-of-way that is owned by VDOT.
Only a certain type of vegetation is allowed in the rights-of-way, and VDOT
has to~apPr~ve the planting-'.pian.~: i~Wveryone knows when plantings are put in
VDOT rights-of-way that if VDOT ever has to add an additional lane or needs
the property for some other purpose, the plantings will be removed, and VDOT
will not replace-them~ ' · , -'~ :~:. ~.~ :?~ ....
Mr; Marshall asked if this Board is advocating ~that the power lines
removed.~ Ms.'~ Joseph replied ~that~ the ArchitectUral~ Re,vieW, Board_would like to
suggest that'~eonsideration be' given tO putting the power lines underground.
Mr. Marshall said that seems to like a horrendous expense to him. Ms. Joseph
responded-~ that~ it: wo~Uld be' expensive ~to: get, :.rid, i'of the,. power lines, because ~it
is,~3~6 miles'just to~ Rio Hills..' from the corporate limits ,of the'City. ,~,'Using
the 3~.6 miles~figure, according to Virginia .Power, :the cost would be between
$2,0 million and,S4.0 million. The Architectural~-Review ~Board'~ has ,discussed
how to finance something~of this,~nature, and' one suggestion was~to ask the
County for financing~ Ms. Joseph commented that another possibility' is
require .underground: power ~!ines whenever Ysomeone~ comes in.~ for improvements
that require a site plan~ Virginia Power representatives, have stated that~--
this is~ really a complex matter,'
Mr. Perkins asked if the ,idea is' to do. some of these aesthetic, improve-
ments ~soon,~or~in conjunction with. the'Route 29-improvements. Ms~ Josephi said
,the only' reason this matte~ is, ~timely is- that:~the~ARB would~ tike to ,ptant~, some
. · f
veg.etation~' in~ the~Route~ 29 area~'-r The, mmportance' o moving i forward~quickty is
because the request~ to the~}Iighway Department, for cooperative planting of~
vegetation for 25OEast was. made a ~little too late.':-,As-far as medianstrips-
are concerned, the' contractor- is only required to have?grass' along' the. edges ·
where:: the grading~is being done, and'only~'two.'inches of topsoil'~.is,:needed~for
this' standard of grass~ Because"of ~his, it is not known~ what will :be in', the
medians,along Route 250 East~ It.could even be.,rubbte~,that has been pulled up
along thevroad"and: put in the'medians. :She went on ~t0 say~ it would be help-
ful, before~?~the ~Route-29?,improvements go out to bids to ake sure' there will be
proper~medians for. plants, if in?,the future it~ is~ the desire,to:do'so. ?She
then stated that the Planning Department has discussed several issues with
VDoT, including using ~mast arm signalization, planting within the l/DOT right-
of-way and relocating the utility.lines' underground. ~ No~ responses, has .been
received from VDOT~,concerning issues ~at'~ this time,~ ~:~ :The ~alignment of the, road,~
cannot ~ be changed; plans ~ will~ go. to.;~ bid- in~ Julys, 1993. ~,. i She. said_ that" another~
thing.,the.planning staff'is proposing is~,a~phasing plan;to be ,added, to',the
Capital Improvements Plan~.* She next noted:~'that plans'for the improvements
from Rio ~Hitl to-the ~bridge will go'out for.bid, in July~ 1994~ ......
~, Mr.,-Bowerman clarified the discussion by'. saying that~if'.utilities'~have to
be moved, ~they can be 'moved at 'VDOT's expense~ ~ If the~utilities ,are'~placed
underground rather ~than above, the~ difference~ in costs would be the County,ts
expense~., Ms,., Joseph concurred~,. ~
, .... ' Mr:~ Bowerman ,asked~who~would.maintain~,the-plants in,the medians. MS~
Joseph replied ~that',several different scenarios-have, been. discussed, and~ Civic
~clubs such as garden clubs,.etc~, .have been considered., It was also thought
that~maybe the County-Parks~ and, ReCreation DeparCment COuld be responsible for
maintaining·the plants in-,,the median strips.~, since this Department has"a'lt~of
the equipment ~necessary::to~maintain these~ areas. :, ~ "-
Mr~ ..Martin remarked.~that':he thinks the. County:would,.have to take~-:the
reSponsib~lity,~ but civic~agencies· could..~help with the~maintenance of the
median strips.
~ ·, Mr. Bain commen~ed that _when,there ~is vegetation, a lot of the impact~ of
the above,,ground Posts .are'~reduced. I~ makes a substantial ~difference if,
there is ~vegetation,~ ·
April 1, 1992 (Regular Day Meeting)
(Page 37)
M.B. 40, Pg. 346
Mr. Martin asked if flowers and other types of vegetation would be
planted, as well as trees. Ms. Joseph answered, "yes." She said that low
growing vegetation is preferred.
Mr. Martin asked what this Board needs to do. He wants to make it known
that this Board would like to move in the direction of keeping the corridors
as nice as pdssible, even as far as considering the possibility of making up
the additional funds for mast arm signalization. Mr. Tucker said it has to be
made clear to VDOT that this Board wants answers to some of the issues Ms.
Joseph has proposed. Mast arm signalization has already been requested, and
the County needs to push for answers regarding costs of certain items. The
Board needs to indicate that it is interested in considering these items, as
f~r~asmaintenance~issues so, staff can come back to this Board with options
and~recommendations.
Mr. Bainrecalted~that. the~Boardhas~made~this ctear:,allalong:in~--terms
of~the, entrance corridors. Hesaid this~type of thing.has been-cOnsidered
with~every site~ptan came'~before this Board for rezoning.
Mrs.'Humphrisasked. if Mr. Tucker is saying that~there needsto be ;.~
con~nunication fromthis'Board to tend some weight to'what, has,~atready~:been~-
requested~ Mr~ TUcker,answered that there-~needs~to be,at, least some-
indication asto why answers have not~been'-received from, YDOT'to,previous
requests~. . ' - - .'~' ' :~' ' '
,Mr,,~Bowerman asked~if.the staff will work withthe Culpeper representa-
tives or,,Mr.!Rooseveit~ 'Mr~ Tucker~repliedthat the~staffwitl.~start-'its
inquiries With~Mr~.Roosevelt~.,.HeAaid theRichmond office~migh~:,atso~.be '~
inVolved:~because representatives from that office will actually be involved
with the plans. He is unsure to whom Mr. Cilimberg communicated, but Mr.
Tucke~su~pects that, the ,County reqUests ha~e;~been, moVed'~down ~he ,lime Of~ ~he
VDOT~~' hierarchy ~ and there j u~t. has~been., no' 'response. ~.~.~He~, went~ 'on :~to,' say~ ~hat
he! Wants: to~find:' Out where~ the',"~equests '-are, ~ and~. get'. some answers.
Mr~. BOwermam~asked !when. the Planning Department,-requested~this~informa-
tion,.;'. ! Ms ~ ~.Joseph ~r~spOnded~; that the P~anning ~DepartmentLmade its~requests in
December.>of' i9911.i, ' M.r~ Tucker remarked~:that''it ~iwoutd~ alsol be good to have
Vi~ginia.~ower clarify,:if:any.of-thepower lines.h~ve-to be:.movedi during the
improvements of RoUte..29 North', and what is the net cost to the locality.
.Mr. Marshall mentionedthat Contel needsito'~be involve~with:.the~utility
arrangements-for:..Route 29~':North.~'~Mr~· Tucker concurred, ....
.~:~.~Mr~.Bain~:commentedthat he does not think the..~County will be-paying for
the~power .line undergrounding, but he would'like to know the actual costs.
,.. -.Mr, Martin~said he~::has.heard so...much, complaining aboutRoute 29 that he
thinks it is time for this Board to not only require businesses to be
aesthetically responsibte~ but-it::~is:.also time~'for::County~officialS'to~decide
whethers: .or ~' not.,_ they want'i to sPend money,,for.:., this` type.::.of 'thing
said :the staff Will proceed:' with trying, to.get some":answers.:f~om VDOT~ '.and if
help · from.~,this Board is needed ..directty:,'~the: staff?.:wilL: communicate-this
through.~the.Board: chairman,
,:, Agenda Item No~ 16... 3:30'P.M~.- Joint Meeting with School Board in Rooms
:Item 16a;, Budget. Update. Mr,-Bowerman,suggested~that theChairman of
theSchool. BOard call the School Board:.,to order., since the~Supervisors were
· Ms~ -Moore called .. the' School :Board'.to ordert and: said.ail.or,the members, of
the:School Board,are.happy. andpleased:'that the~Supervisors supported:the~
School.Board budget in the,way thatithey<did.- She~also ~hanked'Mr¥ Tucker and
Dr~ Pask~l-for working/tOgether!to~thatend~ ~She:~is'sure~t~was.not:'an,:'easy
April 1, 1992 (Regular Day Meeting)
(Page 38)
M.B. 40, Pg. 347
Mr. Bowerman asked if the School Board had any questions about the budget
process in terms of what the Supervisors actually allocated in addition to the
original guidance from the School Board.
There was no response, so Mr. Bowerman asked if the Supervisors had any
questions for the School Board in terms of where the money will be spent or
other similar issues. He said he did not have anything prepared to bring up
at this meeting.
Mr. Marshall asked if a decision had been made about the financing of the
school buses. Ms. Moore replied that the School Board has not met yet on this
matter. The School Board will meet Monday night, and buses will be discussed
if.the~budget i~:;shown as.,a~,item, on the agenda.
Dr. Paskel stated that, other than the information the School Board has
received,~'the budget~will~'not~bean,agenda:item.~He said the School:Board,~
meeting on April 27 'is the.School~Board's,targetdate for-adoption of its
budget. TheSchoot,,Board~will be interested in following the public hearing
process for the Board of Supervisors and the Supervisors' actions.
-.,'Mrs. Tucker~,commentedthat the original, decision by~the~,Schoot Board was
to!~purchaSe~the,buses, andthe Supervisors~have~not, recommended that,?this ,,
decision:be changed.
Mr. Bowerman remarked that:the Supervisors~felt.:.that this~was~an'~appro-
priate course of action and.~supported the School Board~sinitiative'in doing~
that. - .: ~ ~
Itemii6b,. Other,~Matters NOt-Listed. on theAgenda~ ·
,,,- ~Mr. Bowerman"said hewouldlike an update:as .far as Cale~ Stone'Robinson
andStony Point-Elementary. schools'are concerned;.
Ms~..Moore responded that the Long-Range Planning Committee is proposing
that ~heSchool Board'redis~rict~the~'students~.at~Witton Farmsto~Cale Elemen-
tary,School,:atong.~withlapproXimatety:13:~otherstudents,~ These other students
are located atongRoute 250 at Pantops Mountain. Quite a few options were
considered, and if the teacher/pupil ratio is lowered at Stone-Robinson, there
would,,have robe:more, trailers on-~the property.'~ ;~With~the Glenmore. development
and~,the~potential of some.development in,~theharea of Westminster-Canterbury,
lowering the teacher/pupil ratio, at Stone-Robinson was ruled out.~ Shewent .on
to say that seats were being held at Agnor~Hurt Elementary School because of
the potential growth in the urban ring. Forest Lakes South had to be consi-
dered, and the property,-~behind,Agnor~Hurt~is due~o-~be developed at~:some
point. 'She noted that'a-particular road~where there is a dangerous curve was
just redistricted'~out~of-the CaleEtementary~Schoot~districtto Agnor~Hurt-
ElementarySchool~to, avoid ha~ing chitdren~ride, buses on that road. The Cale
situation is going to be monitored because there is a riskof overcrowded
conditions, with,the growth at Mitl~Creek~ Sh~,mention~d,,,~hat~the-Red'Hitl,
Elemen~ary$choolwitl-'have~to beConsidere&if~theripple~effect!'continues.
The.districts ,fo=~the middleschools and the,high schools Wilt,~stay~the same ·
because,redistmieting will haveto-be~dOne',foC-thenew middle schoot,soon~
When~this~is~done, all of.the enrollment~figures~will be considered,~and
middies:and high-schools.will beinc0rporated::in the~redistricting~at--that
point.' - .... · ' .....
..:Mr~ ~Bain. asked..,if Albemarle :High Schoot~s const~uction'..is~-still:on
target, particularly with;respect to'the ctassrooms~:.. Mr.:Reaser answered,
"yes.. ~". -~He said that-aSeptember~l~:-1992, eomptetion::date',is.iexPected, for the
'- ...... ,Ms..'Moore said-she'would.:li~e ~o..make a~personat comment,,not as a
representative.of the Scho.ol.~'Board, :onlong-range'planning. She~said.,that the
schOolstaff~has.:Sta=ted.to .use.mult~plie=s~which.~have:pro=en ve=y'.-helpful,
She:-noted~thatthemUltiplier usedforiWilton Farms projected;that there,were
wilt
get:to-.the.:Supervlsorswhen:'~they:.aremaking:decSsions..'on,devetopment, -
~ .:Mr~-.Bain reptiedlthat:the Blanning Departmentdoes.thiS type of. analysis
for.every project related to development, Students-for .elementary,.middle. and
high schools are projected, using a multiplier.. ·
April 1, 1992 (Regular Day Meeting)
(Page 39)
M.B. 40, Pg. 348
Mr. Tucker cox~ented that even with the Supervisors and the Planning
Commission having this information, it is very difficult to deny an appli-
cation based strictly on the fact that students from that development may
overcrowd a certain school. The application could not legally be denied on
this fact alone.
Mr. Bowerman said the Supervisors are looking at other Comprehensive Plan
goals dealing with moderate cost housing, and ways to keep higher density
residential housing in the urban area. The Supervisors know this issue
affects the schools. Part of the staff report is an estimate of that effect.
When the Long-Range Planning Committee begins its work, the staff will inform
the Committee as to the effect of residential housing. The Committee will
have ~ to deal with, the-~ nUmber of actual students.
Ms. Moore said it is difficult when a person is a new member of the
Committee to - absorb all of :the numbers, and~ routes, She personally~ feels~._the
whole School ~Boardneeds'.to get this information at ~some point.~ This~.is
something~she-is bringing up at this meeting, but she:has not, discussed it
with-the~ other ~School Board m~mbers. ' · ~" ·
Mr. Martin said it is important that the general public be made aware
that there is a~Long~Range Planning Committ~e,~ it is operating and it is~J
looking at long term,solutions~ Even though,~articles may~appear in the~
local newspapers~ the general~ public ~may 'not~,,be ~,aware the-~issue' is'~be~ng
discussed.~ It is important for~the'public~to :know that the decisiOn may not
have been made!~ ,but it~is something~ that~the~Long-Range Planning-Committee is,
studying. · ~ - ~'. ~
~Ms, Moore pointed out that members of the public came to the Committee
· meeting when Wilton Farms was. Considered. T~hose citizens joined~.in' and~
listened,, This-,was good, because-When the public is aware-of,what is,~,
hapPening, it,eliminates a:-10t~.:of'.problems 'at. a later'time~. ~. .'~
Mr,,BoWerman;,said":the Plan?is-reviewed every year recognizing that
adjustments have to be made. Because of the growth being experienced in the
elementary ,~and. middle schools, the,district lines are somewhat fluid. He-said
that no, place is, immune from redistricting. _
Mr. ~Marshall remarked that ~he is concerned -about the, enrollment
projections. NO :one~ lives at.,W~lton Farms yet, although students ,are ,.
expected,. He reminded the, Board that, the County did, not have!as high an:?
enrollment this past year as was projected. He is concerned because .he knows
there have been a number of plant lay-offs in the community. He has heard
there will be more'in .the, future, He knows of apartment houses.where,,one ....
month's rent free ii'being offered because of the.number "of vaCancies~, '-If the
University, does not get,the ,money that it anticipates .receivin§~ for-its
construcgion~ he -thinks ,the: rental units-~will not fill up~ and people will not
be: coming to Albemarle,County as anticipated. He thinks that the School Board
and the Supervisors ~have to 'be, very cautious'as to how they.proceed,;
Mr, Bo~erman 'responded that this-is'why the Plan is'.:reviewed :,every :year.~',
Everything is taken into consideration'such as: what is being planned, what
has been approved in .terms of apartments and houses, what the economy is
doing;i::and~: the current:enrollments at. the.-~.schools., "Atl-of~ the things that
Mr. Marshall considered-when- he :was 'a~member ,of the .School Board.-~are :put
together in a plan.; ands:it is ~reevatuated every year.' 'This is ,different from
how, things used to, be, because ,it is a, new concept of'the~County tohave an
on,going' plan that has .an ,annual review.
,Mr. Marshall reiterated~'that ~the County's projections were..not ~met last
year.. He .wonders ,how;~accu~ate the projections are for ,this coming year. He
knows-,what, is happening in the. commmuity and,,it -makes him concerned .~as~to the
accuracy of-the:.p.r, ojections,; When'~redist~ricting,~is,~done, it upsets aiot ~of
people~ and--when people are moved, :-ir'will cause transportation problems. He
wonders if perhaps, things are moving too fast.
Mr; ~Martin..,commented 'that he-had been~,a~.:member of the.-School~ Board for?
five~;years~.and~was ~a member of thelLongzRange Planning Committee:when it
began. P.roj ections <over -~those', years,~ were fairly ~accurate ;-~ ,'Some'~.,of ~the!
inacc~uracy. With, the-pr~ojected ,figures · was ~,because of'.,.the economy, but~ a-, large
part,was due to ~he changes~in State-.,taws concerning kindergarten students.
April 1, 1992 (Regular Day Meeting)
(Page 40)
M.B. 40, Pg. 349
Mr. Tucker explained to Mr. Marshall that the Long-Range Planning Commit-
tee refines the planning process with the Planning Department staff. The
Long-Range Planning Committee tries to refine this information to determine
what the build-out will be and in what phases. He said it may take ten years
to build a large development completely, such as Redfields. County staff
needs to work closely with the developer to find out how many units are being
anticipated each year over a two- to three-year period. This helps the Long-
Range Planning Committee determine if redistricting is something that can be
done whether or not a new school will be needed. This Committee is more of a
refinement of the planning process. Once everything is totally built out, the
actial number of students can be determined. In the interim, Mr. Tucker
stated that plans have to be determined for the annual build-out of the
d~velopment-~ The:,Wilton.~HeightS Apartments development will happen over a
~wo-year period sinceit is not a single-family, detached type of development.
He added that Mr. Marshall is right in that the economy could change the
length of'time of~the~build oUt. However, the Long~Range~P!an~ing Committee!
is,~taking this~into consideration,. Based ~nwhat he~understands,~Mr. TUcker
said~Witton Height~ is~to~open its,firstPhase~in November,ofthis year. He
thinks?~the~SchoolBoard is trying to~,anticipate how~to deal with~chitdren-from
this, deve!opment.,~Stony~Point Elementaryschool can't~take the extra, stu-
dents,~and.Stone-Robinson Elementary might not be the~best place, but-,Cale .~
Elementary school~can take these students,now:., ' - ~. :~
Mr,~Tucker stated:that,~unfortunately,,,becaus~of the:transition that
this'~community~is going~,through,,with growthanddevelopment,~,the~ewilt be ~
more,redistrictings~ No,one l~kes~,to'redistrict,'but he,thi~nkseveryone is
starting to reatize~it is a necessity, and that devetopment'is going to cause
theCounty~to Considerredistrictingon an~annual basis.
Ms. Moore pointed~oUt that if~redistricting isdone~before a development
is:completed, people-are.much, happier. She said it isbetterto projectlthe
highernumbers, so people, will know which school'~theirchildrenwill attend
when theymove into a,development¥
· Dr. Pasketsaid~the projection, for Wilton. Heights is~that 20~to~,25~
students Will need,to,be,~placed,. That:number cannot behandled,ati.Stony
PointElementary~school, without, bringing,-inportable classrooms. Everyone,
knows what this can do to a school campus. Asthe projected number increased
to possibly'§3 elementary~age students, it became apparent ~that~even. to handle
thesmatter~number~ redistricting needed to be~addressed~The reason~Agnor-
Hurt was built ~as.?to openup some space:inCale Elementary'School.~ At:that
time~ thenorthe~n~part of~the~County was~not ,being considered,~but~ ins~ead,~
consideration was~beimg~,given~to~.the southern,section-of the County adjacent
to,Mill Creek. School officials are also.concerned as to the actual number of
students who will enroll in County schools,,bu~ if.six-students enroll in'~.the
wrong~,grade,~levelat Stony, Point,,Elementary,~there'wilt~notbe ~any way-to~:
accommodate, them,~ He.~said~this,_pressure !atStonyPoint~needsto be relieved.
Now, there is-an opportunity to-consider handling this matter in a couple of
different ways. The Committee considered whether or not it was better to put
the s~udents north:at~AgnorvHurt,or south atCale ElementarySchool.
~ MS~*Moore complimented the planning staff by,saying that-the Committee
gets~weeklyupdates on differentdevelopments. As far as Redfields is,
concerned,~it is known.that there are only so.many-units whichcan-be builtin
the next two.to threeyears,~ so-all of~Redfietds is.not'being Considered for
redistricting. Olanning.staff-~is,working~with~the developertodeterminei~how
many units,~are'being~sold~a~,that, people will~'~not~-be'redistricted unjustly~-.
Mr. Marshall'said ir'looks as~though theplanning staff,'andi~the Long~
Range 'P~anning~'Committe~ arc, aware of thee,situation, but-he gets nervous~when
he~eads~the newspaper,,~t~isgreat~to see that~more'houses~weresold this
year than~last:_year,.but~on-theother hand, Mr.~ Marshall said~listings~may
have dropped from 700 to, 900, sohe~w~nders~what~has been accomplished. He:is
concerned that people ,are moving out,~of theCounty, because they have lost -~
jobs, and the jobs are not.being =eplaced. He.thinks-that everybusiness
person is worried abo,ut the situation now~
Mr.~Bo~erman-said he ~as~notsu~e the. School. BOard knew that the
Supervisors propose~unding the~capital~costs for the.firstS~hool Resource
Officer,. and the total,cost of the second School Resource Officer for the two
M.B. 40, Pg. 350
April 1, 1992 (Regular Day Meeting)
(Page 41)
high schools. He said that the Resource Officers were one item in the Super-
visor's budget that affected the school system and did not appear in the
School Board's budget. He asked if there was anything that the School Board
would like to share from its work session last night. He said that it sounded
as though it was a positive meeting.
Ms. Moore agreed that it was a positive meeting. She asked if any School
Board member wished to co~nent on the work session. She said the School Board
members received the most thorough information packet on Murray School that
they had ever gotten. The School Board then voted unanimously to continue the
programs at Murray. She added, though, that the capital improvements at
Murray still have to be considered.
~Dr~iValdrie Walker said that children all learn at different rates and in
different ways, so the School Board is committed to the program at Murray
School.~She hopes~the parents~and:the community~-.are put'at-ease about this.'~~
program because~this Wasone of~.the,~questions~when the School Board~catted for
an'evalUation of.the. MurraySchool programs~- The_reason~i~for~the_ evalUation.
was~to review the~program, not,to take~theprog~am-'out of existence She~'~/~,~
thinks~the School~Board needsto~review programs on a regular basis in order
to make sure things are going as they are supposed to go in an educational
program. Her experience:in,education has been.~.that if review of programs.is~
stopped,-,huge problems can~occur~' This is especiallyltrue-with,programs that~
are outside-of,~the traditional instructional academic programs~ -These outside
programs need to, be~watcheds becauSe..the:cost per pupil is mUch higher ~han"a~
regular schoolprogram~. She pointed out, that Dr.~Paskel had~come:~forthwith
several?recommendations for-Murray School, and the School Board added to those
recommendations and.made,alternate suggestions. One item related to expanding
the existing:program.~ Concerns-were expressed about that, Additionalper,
caPita.investments are being considered, as~well as additionaLfunds for
instruction in terms of commitment to the Drogram~.She~suggested that the
School~.Board~consider.moving an eXiSting program,~to:a~middleschool concept~or
at teastdoing somethings inthetraditional settingin~order':t0~offset~the
need lot"alternative programs~ Dr~-Walke~ said~the idea~todayis~notto.-~pull
these:.students.out~of:the, regularacademic stream and treat~.themdifferently,
but to educate,~them within a normal, setting, ~This is why teachers~are hired
and retrained and-educational'~programs-are.~mproved.' She reiterated that~it
was, a. very.~positive~meeting, and the~'-Murray..faculty andstaff:and~the~:'~-'
a~ministration should becommended for the,,job, thati:they didon the program...~
She~hopesthat ifl-the Board~calls~for additional..evaluation, the-School.Board,
itself, plus administration and~central officeStaffWill continue~,to.cotleCt
information so~itis available.to.:School Board members and the public. This-,
isa. the only way to, know, on a systematic basis, what is-going on.within,the
school system. Sheacknowledged that this informationis not in'hand, The
Scho61Boardwill, be.~calting for evaluations.oflother programs, and. if',the
public is concerned, it should, be_from,the~,standpointofwhat-comes~outaf the
evaluations, and~notwhat existed~before the,-evaluations were done
· Mrs- Bowerman~said,the~'Supervisors are anticiPating~a meeting with the
Planning Commission~at~their. May daymeeting.~In the event that the~School,~-
Board,wants, to meet with the Supervisors~or thei,Supervisors~feet-the,need~:to
meetwith~,the SchooLBoard,~ that~canbeworked'out,~.~ Othe=wise~ ,theSuper~isors
will.,probabtynot--.-meetwith the, School,:Board:again until,~June.
'M~,<.Perkins remarked,that.he had heard~.from aradio~report~'~that~the~
capital costs.0f.repairing~-the~MurraySchool roof~.are between~$200,000~and:~?.
$210 ~million. He asked-~ifother repairs wereinctuded in this cost, or Was--.it
all ,related to thatroof. Mr. Al~Reaser responded that to reptaCe the roof
and ~et the,building.dry would, cost about'S200,000. If the building is going
to,be completely remodeled, with asbestos removal,'it would, be~approximately
$2~0 miltion~ ~ · ~
Mr. Perkins asked if the roof could be repaired, for $200,000, and any-~
thing.over-that,would!be considered remodeling costs, Mr. Reaser answered,
',yes,~" Dr. Pasket commented that repairsto the~ to.of protectS~.the investment
in theremainder~of ~he'buitding~ Mr~,~Perkins:,agreedthat~theroof.~should?be
repaired Dr. Paskel',said thi.s~is~the originat:,roof on,~the~Murray~buildlng~-
Mr, Bowerman inquired as to,when the, $600,000 would have to be invested
for asbestos,removal~ ]Mr. Reaser sa~d.',thatthe~,walls~at~Murray ean~be.'~
maintained.as they~are~without,anyproblems. HoWever, ~asbestos ~emoval,:would
April 1, 1992 (Regular Day Meeting)
(Page 42)
M.B. 40, Pg. 351
have to take place if remodeling was done that would cause holes in walls or
if walls had to be moved.
Mr. Marshall commented that he had served on the School Board during
years when the County Executive and the Superintendent of Schools didn't get
along very~well. He is delighted with the quality of these two officials now,
and the fact that they do get along well. He said he is proud of both of them
and the job that they are doing.
At 4:02 p.m., Ms. Moore called for a motion to adjourn the School Board
meeting.
': c,~Agenda Item No. 17. Other Matters Not Listed on the Agenda from the
BOARD.
~ Mr. Martin said,he~,,thought that during one of the Supervisors' budget
work sessions, the additional $3180 was approved for the MACAA program. Mr.
Marshall explained thathe and~,Mr~ Martinwere the Onlytwo Board~members who
voted for~the-~additional MACAA~funding. '~Mr~.,~Martin.~wondered,~how.heileft ~he
m~eting,,thinkimg that the.~MACAA-,funds had-been approved. Mr'.Tucker:told Mr'.
Martinthat themotion was not approved, and even if~it had been a.tie vote,~
itwould have been defeated~
~Mr. Martin said he was talking to a General Government employee recently,
and that .pDrson seemed to think there is an unwritten "gag rule" on employees
as far as attending the,Board ofSUpervisors' meetings. He knows that this is
not the'case, butYbecause ~his person and~someofhis cO-workers feet this
way, he wanted to make the statement that there is no "gag rule" about
employees coming to Board meetings or talkingto Board members,
Mr. Bowerman.:suggestedthat if Mr~ Martin.~hasspecific~ information he~
relateitto~the. Board.during an executive,session.~Otherwise,, Mr~ Bowerman-~
totd.~Mr~ Martinthat he.can'identify~the department to. Mr~'Tucker..~He:said
Mr~.~Tucker can thenbe sure'that,thOse department.employees~know, this isnat
thecasa~'Mr.~Tucker remarked that the staff-does~not~encourage employees,to
come:-to Board.meetingsand sit there all day unless they have an item on the
agenda. He added that if an employee wants to speak to the Board, he or she
can do so. In years past, there were problems with employees who were
interested.in..the.items that~were=on the agenda~ :He~or~Mr. Agnor~would,'have;
to talk tothese:emptOyees'tO tet~themknow thatthere were other:.things~'they
needed to be doing~
:, Mr. Bainstated~that~he believes Mr. Tucker is~talking~aboutemployees
sitting:~in.on Board meetingsduring the work'day.~: Mr. Tucker~concurred.
Mr. Martin said he': knew this Board didnot have suCh a "gag r. ule?' but
since the emplOyee~ said 'that other employees felt~ the ,same~way, he wanted to
at-least make the statement that~ this Board. does not-:have a',gag rule-~".'~ ',Mr.'
Martin said- it is~ important to, talk, about these, things~so~they, cam,be handled
as. soon as rumors begin.~-~~, · - ~ ~
~ ~Mr. Perkins said employees can also:.contact the individual, Supervisors~
.rule"
He~sa,id,.this is- the. first that he has heard::about-~a "gag . ~ He added,
though, that there~had~been rumors, that this~.was the situation~with,.the School
Board. :: '-~ ~,. - ~'~ ~ ~ ,., %~
Mr. Tucker explained, that: JAUNT ,is a corporation,, and:. it ~ holds,:~a~ stock
holders' ,meeting. on an:annual ;bas~s. Normally~ the Supervisors appoint'a
proxy to vote their shares. He suggested that the Board appoint the position
of County Executive as.,the:,proxy fo~ .theBoard at.~these annual stockholders
meetings~ so tha~ ~his. appoin~ent process will,not' have to ~be dane every
Motion-was offered by Mr. Bain, seconded by Mrs[ Hmphris, to appoint the
position of Catty Executive to serve as proxy for the JA~ annual stockhold-
ers meeting. . .~ . ~ : .
. ~RoII was called, and~,~he 'motion carried by the following recorded:~,vote,: ~
April 1, 1992 (Regular Day Meeting)
(Page 43)
M.B. 40, Pg. 352
AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris.
NAYS: None.
Mr. Tucker said that under the County's Runoff Control Ordinance, the
Board has the authority to grant certain waivers. The only time he is aware
that this Board granted such a waiver was for a swimming pool. He received
such a request today. The situation is that there is an individual with
propoerty in the watershed area who wants to build a swimming pool. The
applicant is required to adhere to the Runoff Control Ordinance, However,
the swimming pool acts as a detention basin, so the staff is requesting a
waiver of the Runoff Control Ordinance.
Ms. Jo Higgins, County Engineer, commented that this request does not
require a waiver of the Runoff Control Ordinance. She wrote a memo regarding
thismatter, because in the Past, swimming .pools' have.not been, requiredto
meet-the one hundred foot setback. The provision has not been applied
consistently, and lately there have been some inquirims concerning this
matter. Because of this, the memo that she wrote indicates that this
particular pool is not subject to the.ordinance at~all~ In other words,-a
variance,or waiver is not needed saying that this pool is excepted from the
ordinance. If the Board agrees with her memo, this will become partofthe
policy so that the next time there is a similar request, the applicantwill
not have a lot of anxiety wondering if thewaiver or variance will be
approved. In the past~ requests have been approved.. Some requests now:are
for swix~ing pools inside of buildings, and she pOinted~out that~this is.:a
whole different issue. She commented that she wanted this memo to clarify the
ordinance because swimming pools don't even have to be considered under the
Runoff Control Ordinance, since they are.considered to"be water.~retention, and
they are~safeguards to the water qualitY.
Mr~ Bowerman stated that swimming pools do'nottakerunoff water~ Ms.
Higgins.~agreed~ She said~ however, that swimming~ pools collect.rainwater, and
in that instance there'will.be no runoff. The purpose of a buffer is so the
rainwater goes~through vegetation before it gets~into a streamor~an impound-
ment~~ In ~the case of a swimming pool, the'water goes intothe.,swimmingpool,
so~water qualityin that area~is~improved.,~ .....
Mr, Bain commented'thatif an area is cleared, the, ordinance.would still
beaffeCted~ Mr. Bowerman agreed. He said that erosiOn control'~woutd, have to
beconsidered. Ms. Higgins reiterated that her memo-'relates specificallyto
the Runoff Control. 0rdinancefor~excepting pools~ Mr.~Tucker stated that~Ms{'
Higgins.wants approval 0f~thepolicy relating.to the~fact,that~pools~don~.t'~
have.to.~adhere to'the~Runoff Control Ordinance pro~isions.'~'
Mr. Bowerman asked if anyone objects to this policy~ He saidthat the
policy is~'~consistent~withthe procedu~es~in.theordinance.~
-~Ms. Higgins stated that-she:~had~talked to Mr~ St. Job=ri. ,*He, suggested~.
that..she take~the:matter.~.to .theBoard, becausethis policy'has not~ever,.been
written down.and.,theSerequests-havenot~beentreated consistently~:~'~She noted
that:even in.the ChesapeakeBay area, poolsare exempt under the Chesapeake
Bay Preservation Act, under what is called passive recreation facilities. She
pointed out~ too, thatVirginia Beach's swimmingpools,:are:notunder~..the
Chesapeake Bay'PreservationAct setbacks
· Agenda:~Item.No. 18. Adjourn,-~At~4:13 p.m.s, with:no, further~.business to
come before, the Board,~the:meetingwas-adjourned~:
Chairman