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1991-07-1017 July 10, 1991 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 10, 1991, at 9:00 A.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, F. R. Bowie, Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mr. Peter T. Way. 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 9:06 a.m. by the Chairman, Mr. Bowie. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. There were none. Agenda ItemNo. 5. Consent Agenda. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to approve Items 5.1, 5.2 and 5.3, and to accept the remaining items on the consent agenda as information. Roll was called and the motioncarried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Item 5.1. Gas line easement for the Agnor/Hurt Elementary School, authorize Chairman to execute. By the above recorded vote, the Board authorized-the Chairman to sign a deed granting a 15 foot easement to the City of Charlottesville to construct a gas line parallel to Berkmmr Drive within the parcel adjacent to the Agnor/Hurt Elementary School. The deed is set out in full below: THIS DEED made this 10th day of July, 1991, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor, and the CITY OF CHARLOTTES- VILLE, VIRGINIA, a municipal corporation, whose address is P. O. Box 911, Charlottesville, Virginia 22902, Grantee. WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00), receiPt of which is hereby acknowledged, Grantor hereby GRANTS and CONVEYS with SPECIAL WARRANTY OF TITLE unto the City a perpetual, nonexclusive easement and right-of-way fifteen (15) feet in width and approximately 469-feet in length, paralleling Berkmar Drive, as shoWn on platlmade by Hayes, Seay, Mattern & Mattern, Inc., dated February 12, 1991, and revised March 29, 1991 and May 1, 1991, which plat is attached (on file) hereto and made a part of this deed, to construct, replace, extend, maintain, use and repair a natural gas line. Said easement includeS the right to construct slopes, cuts, fills and ditches in connection therewith, and convey natural gas across,said property through said natural gas line. The conveyance of this easement and right-of-way includes the perpetual right of ingress and egress for the above-mentioned pur- poses. Said easement and right-of-way cross a portion of the property conveyed to Grantor by deed dated October 5, 1990, of record in the Clerk's0ffice of the Circuit Court of Albemarle County in Deed Book 1124, page 245. Reference is hereby made to the aforesaid deed for a more complete description of the property over which this easement and right-of-way cross. 18 July 10, 1991 (Regular Day Meeting) (Page 2) As evidenced by its acceptance and recordation of this deed, the City covenants that it will perform the installation of the natural gas line in a proper and careful manner. Disturbed portions of Grantor's property will be restored to a condition comparable to that which existed prior to such installation, except that no flowers, shrubs or trees within the easement will be replanted or replaced if damaged or destroyed. This deed is exempt from state recordation taxes pursuant to Virginia Code Section 58.1-811(A)(3) and exempt from grantor's tax pursuant to Virginia COde Section 58.1-811(C)(3). IN WITNESS=WHEREOF, the-County of Albmmarle, Virginia has caused this deed to be executed in its behalf by the Chairman of the Board of Supervisors; and WITNESS the following signature. The County of Albemarle, Virginia By: (Signed) F. R. Bowie Chairman of the Board of Supervisors Item 5.2. Request from Mr. Gerald G. Utz, Contract Administrator, Virginia Department of Transportation, for a resolution to add and abandon certain sections on U. S. Route 240 occasioned hy the Relocation and Con- struction on Route 240 project. By the above recorded vote, the Board adopted the following resolution toaddand abandon certain sections of U. S. Route 240: WHEREAS, Primary Route 240, from 0.50 miles north east of Route 250 to 0.37 miles 'north east of Route 250, a distance of 0.13 miles, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citi- zens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the attached (on file) sketch titled "Changes in Primary System due to Relocation of Construction of Route 240, Albe- marle County, dated at Charlottesville, Virginia, June 11, 1991." NOW, THEREFORE, BE IT RESOLVED: That the portions of Primary Route 240, i.e. section 2 shown in green on the sketch titled "Changes in Primary System due to Relocation and Construction on Route 240, Project: 0240-002-102,PE101, C501,RV201, Albemarle County, dated at Charlottesville, Virginia, June 21, 1990"~ a total distance of 0.13 miles be and hereby is, added to the Primary System of State Highways pursuant to Section 33.1~229 of the Code of Virginia of 1950, as amended; And further, that the section of old location, i.e. section 1, shown in blue on the aforementioned sketch, a total distance of 0.13 miles, be, and the same hereby is, abandoned as a public road pursuant to Section-33..1-155 of the Code of Virginia of 1950, as amended. Item 5.3. Authorize Purchasing Agent to sign Agreement for theBerkshire Road Channel Improvement Project. The following memorandum dated July3, 1991, fromMs. Jo Higgins, Director of Engineering, was received: "1) The Berkshire Road Channel Improvement project was funded under the Capital Improvements Program, There is a current allocation of $17,000.00. 2) Due to the development of Barclay Place and Solomon Court III, it has become necessary for the developer, Westgate Limited Partner- ship, to also improvethis channel to meet the requirements of the Virginia Erosion and Sediment Control Law as well as the County Ordinance prior to development. July 10, 1991 (Regular Day Meeting) (Page 3) 3) 19 Richard Moring and Don Wagner negotiated an agreement to have the work accomplished by Westgate Limited. As this is a joint public/private interest project, the County in the attached formal agreement agrees to fund the construction cost up to the County's allocated amount of $17,000.00. There are provisions incorporated to provide backup documentation for associated costs prior to payment. 4) This is to request that both copies of this agreement be re- viewed, executed, and returned to me for distribution. By the above recorded vote, the Board authorized the Purchasing Agent to sign the following agreement for the Berkshire Road Channel Improvement Project: AGREEMENT Barclay Place (SDP-90'013) Berkshire Road Channel Improvements (DIP-87-001) This agreement dated 28 June 1991 is to formalize negotiations between the CountyEngineer and Mr. Donald J. Wagner relating to joint funding of a channel improvement project to the south of and roughly parallel with North Berkshire Road. Westgate Limited Partnership desires to finalize'its development of the~Barclay Place and Solomon Court III project. Stormwater design requirements dictate off-site Channel improvements downstream of this project in the natural drain- age swale parallel and adjacent to North Berkshire Road from the project limits to Ingleside Drive. That portion of the same channel between Solomon Road and Ingleside Drive has been identified as a Capital Improvement Project by the County of Albemarle. Based on this identified joint public/private interest, the County of Albemarle and Westgate Partnership have agreed to jointly fund that portion of the channel improvement project between Ingleside Drive and Solomon Road. The Albemarle County portion is limited to 50% of the actual cost but not toexceed Seventeen Thousand Dollars ($17,000.00). The following listed conditions are hereby understood and agreed: The County will reimburse upon completion of construction ~based upon the actual footage of channel improved between Ingleside Drive.and Solomon Road that will be measured by County inspectors excluding any pipe footage in place when the project is complet- ed. Westgate Limited Partnership must submit to the County.for review prior to payment invoices for engineering design services, stone deliveredto the site, and grading and stone installation by the construction contractor. The channel installation costs includes a filter fabric at the interface between the existing ground and the rip-rap. The stone tonnages per linear foot of channel will be re-computed by the Engineering Department based on approved cross section.. Quantities delivered to the job site and installed must reason- ably agree (±5%) with computed quantities prior to payment or a satisfactory understanding of quantity variations, achieved. Installation costs will be paid on a per linear foot basis as measured in the field. 6. Engineering costs include easement plat preparation. Payment willbe made when the project is complete and approved for bond release including the 10% management fee. County inspectors will have access to the job at all times to determine conformance with approved plans and specifications~ July 10, 1991 (Regular Day Meeting) (Page 4) 2O Preparation of the plans for this project will be the responsi- bility of Westgate Limited Partnership. These plans will be submitted to the County for approval through the routine site review process as a part of the Barclay Place or Solomon Court III development. Westgate LimitEd Partnership will be responsi- ble for obtaining all required approvals, bonds and/or permits just as if this project were completely privately funded. Costs associated with plan preparation, approvals, bonds, permits, etc. will be allowable project costs. 10. The required easements will be obtained by Westgate Limited Partnership. Albemarle County agrees to permit Westgate Limited Partnership'torePresent to property owners that this is a joint public/private venture in which there is a significant public interest. It is recognized by Albemarle County that affected property owners will receive a significant benefit fromthis~~,~' Channel improvement project and would not bewitling to construct this project with public funds unless affected property owners benefiting from the project are willing to donate, required easements. 11. The County will exercise no. control over Westgate Limited Part- nershipor its contractors during the course of this project and, 'therefore, will incur no liability for the actions of Westgate Limited Partnership, its employees and/or contractors. Westgate Limited. Partnership hereby agrees to holdthe County of Albemarle harmless from any such liability. 12. This work must be completed no later than June 30, 1992. The opportunity to Construct these public improvements~as~a-joint public/private effort is an unusual opportunity. Hopefully this spirit.-Of cooperationwillcontinue with benefits accruing to all parties. Please indicate your acceptance of the conditions of this agreement as stated by signing below. Signed: CharlesM.'Rotgin~ Jr..~ General Partner, Westgate Limited Partnership Signed: Calvin S. Jones Purchasing Agent, County of Albemarle, Virginia Item 5.4. Letter dated July ii 1991, from Mr. J. W. Wright, Jr., re': Extension of Proffers'not implemented prior, to'Julyl, 1990,' Tax Map~32, Parcels 41D and~'4lE,'was received as information.. The letter, is to serve as written notice, pursuant to. section 15.1-491 of theCodeof Virginia,~that Mr. Wrightintends to proceed with the implementation of such proffers and to pursue the completion of the development of the property, was received as follows: "The undersigned is the owner of real property identified as Tax, Map 32, parcels 4iD containing 48.13 acres and 41E containing 6.650 acres. In 1986 parcel 41D was rezoned from Rural AgriCultural to Light Industrial and parcel 41E was rezoned fromRural Agricultural to Commercial Office. In 1989 11.4 acres of parcel 41D was rezoned to C-i, Commercial,~with specific uses, i.e., hotel, bank, restaurant, skating rink and two other unidentified uses. Proffers on above-mentioned properties are as fOllows: 1. Acceptance of applicant's proffer (outlined in the?attached staff' report~ datedAugust 15, 1989, page 1, petition) inladdition to proffers accepted under ZMA-86-02, subject to site review and parking provisions of the Zoning Ordinance; Acceptance of the applicant's proffer of a 35-foot setback' from Route 29 With landscaping; July 10, 1991 (Regular Day Meeting) (Page 5) Acceptance of the applicant's proffer to work with staff in developing a landscaping plan; 21 Access to U. S. Route 29 will be limited to one point, at a proposed crossover, the approximate location as shown on the sketch submitted with my zoning application prepared by Rouda- bush, Greene & Gale, Inc., dated May 27, 1986. This location will be coordinated with Hollymead Land Trust and the Virginia Department of Highways & Transportation. This connection will not be made until the proposed crossover has been constructed; Sanitary sewer will be extended to this tract prior to such time that the cumulative total need for wastewater disposal exceeds the quantity of wastewater that would have been generated by the totaldevelopment of this tract into two acre residential lots (i~e., 27 lots at 300 gpd, or 8000 gallons per day). The Planning Commission may require the extension of sanitary sewer to this property at any time they deem access to public sewer to be reasonably available; and Any other proffers or agreements that undersigned has committed to relative to above mentioned rezonings. The above-listed proffers were not implemented prior to July 1, 1990. This letter is to serve as written notice, pursuant to Section 15.1-491 of the Code of Virginia, that the undersigned intends to proceed with the implementation of such proffers and to pursue the completion of the development of the property. Sincerely, (SIGNED) J. W. Wright, Jr." Item 5..5. Letter dated July 1, 1991 from Mr. Ray D. Pethtel, Commis- sioner, Virginia Department of Transportation, stating that Hawkwood'Court in Laurel Ridge was accepted into the State System of Secondary Roads effective July 1, 1991, was received as follows: "As requested in your resolution dated May 8, 1991, the following addition to the Secondary System of Albemarle County is hereby ap- proved, effective July 1, 1991. ADDITION LENGTH LAUREL RIDGE Route 1093 (Hawkwood Court) - From Route 676 to 0.15 mile Northeast Route 676 0.15 Mi" Item 5.6. Letter dated June 28, 1991, from Mr~ D~ S. Roosevelt, Resident Engineer, forwarding a list of current highway projects and projects under constructiOn, was received as information. The following projects are under construction: Route No. Location Status Est. Comp Date 631 660 880 250** * Revised date ** New project Rio~Road from Fashion Sq. to Rt. 650 Bridge over S. Fork Rivanna River Entrance to Southern Regional Park~ St. Clair Ave. to Rt. 64 Construction *Jul 91 90% complete Construction Nov 91 50% complete Construction complete Construction Sep.93 started June 91 Item 5.7. Letter dated June 20, 1991, addressed to Mrs. Shelby J. Marshall, from Mr. E. C. Cochran, State Location and Design Engineer, stating that the Commonwealth Transportation Board has approved the location and major 22 July 10, 1991 (Regular Day Meeting) (Page 6) design features of the Route 654 (Barracks Road) project (Proj. #0654-002-242, C-501), from 0.09 mi. W. of Route 656 (Georgetown Road) to Int. of Route 1406 (Surry Road/West Park Road), as proposed and preSented at the November 15, 1990, public hearing, was received as information. Mr. Bain asked if the staff has looked at the location and design fea- tures, and if they are in accord with the plans. Mr. Cilimberg replied "yes"; the staff is in agreement withVDoT efforts in retaining as much landscaping as possible. Mrs. Humphris expressed her hope that VDoT incorporated the concerns addressed by the residents of Huntwood. Mr. Roosevelt said the landscaping concerns expressed by the residents were addressed. One of the main concerns, which has been eliminated, was a utility easement that would have meant~cutting down' some trees at the entrance to Huntwood. A recommenda- tion bythe Board that dual laning not be extended beyond the Georgetown Road intersection was not adopted by the Transportation Board. Mrs. Humphris said the Board's concern was' based on cars exiting Huntwoodhavingto cross two lanes of traffic to make a left turn. Mr. Roosevelt said the Transportation Board approved the plans with the dual laning west of the intersection up to the Huntwood entrance. He thinks that the Board's concerns can still be taken care of throughpavement markings and there will be additional pavement if that road is ever extended in the future. Mrs. Humphris asked how the Board can be assured that the problem will be taken care of through pavement mark- ings. Mr. Roosevelt responded that he cannot assure the Board that the problem will be taken care of, but he thinks that it is VDoT's job to see that. if problems develop, that they are taken care of. Item 5~8. Memorandum fromMrl Ray D.~Pethtel, Commissioner, Virginia Department of Transportation, noting a meeting to be held on July 31,. 1991~ at 7:00 P.M., in the VDoT Auditorium in Richmond, Virginia, concerning thecost responsibility of vehiclesusing theroads of the Commonwealth, was received as information. Several Board members asked for a summary of the meaning of the letter. Mr. Roosevelt said the General Assembly asked VDoT to study the allocation process, to look at how much heavy vehicles pay with regard to road taxes, taking into account the damage they do to the roads as opposed to damage done by regular motor vehicles. VDoT's role is to gather facts, pass the informa- tion on to the GeneralAssembly so that it can' then decide how the taxing should be done to obtain a fair share from the trucking industry and from motor vehicles. Item 5.9. Copy of letter dated June 18, 1991, from Ms. Dolores W~ Tokasz, Real EstateSPecialist, United States Postal Service, addressed tothe Planning District Comm~ssmon, concerning the' location of a new main post office building in Earlysville, was received as information. Item5.10. Memorandum from Mr. William S. Gordon, Chairman, Thomas Jefferson Soil and Water Conservation District, enclosing a copy of their 1991-1992Annual Plant of Work, was received as information.. Item 5.11. Notice dated July 1, 1991, from Appalachian Power Company that they have filed an application with the State Corporation Commission to revise their fuel factor and cogeneration tariff, effective August 1, 1991, was receivedas information. Item~5.12. Letter from Mr. Peter Drenan, Race Director, ThrACAC Biath- lon, dated~June 25,1991, giving details of a biathlon On public roads in the Free Union area Which will be held for the benefit of the Charlottesville/ Albemarle Rescue Squad on August 10, 1991, was received as information. Item 5~13. County Executive's Financial Report for May, 1991, was received as follows: July 10, 1991 (Regular Day Meeting) (Page 7) COUNTY OF ALBEMARLE FINANCIAL MANAGEMENT SYSTEM BOARD OF SUPERVISORS BUDGET REPORT FOR THE PERIOD OF JULY 1, 1990 TO MAY 31, 1991 GENERAL FUND REVENUES 23 LOCAL SOURCES 1990/91 RECEIPT'S BALANCE COLLECTED EST. REVENUE YTD YTD YTD 56,672,233 48,350,587 8,321,646 - 85.32% COMMONWEALTH FEDERAL GOVERNMENT TRANSFERS TOTAL EXPENDITURES 4,285,269 3,320,300 964,969 166,900 55,462 111,438 530,135 0 530,135 61,654,537 51,726,349 9,928,188 - 77.48% 33.23% 0.00% 83.90% 90/91 EXP/OBLIG BALANCE EXP/OBLIG APPROP YTD YTD YTD GENERAL GOV'T ADMINISTRATION' JUDICIAL ADMINISTRATION PUBLIC SAFETY PUBLIC WORKS HUMAN DEVELOPMENT EDUCATION PARKS, RECREATION AND CULTURAL COMMUNITYDEVELOPMENT TRANSFERS NONDEPARTMENTAL TOTAL SCHOOL FUND REVENUES 3,757,870 3,254,770 1,287,796 1,166,824 5,692,600 5,197,145 2,344,922 1,580,556 3,572,977 3,062,182 28,974,085 26,287,582 2,073,318. 1,815,580 1,575,334 1,362,438 9,516,565 4,766,418 2,859,070 2,848,329 61,654,537 51,341,824 1990/91 RECEIPTS EST. REVENUE YTD 503,100 + 86.61% 120,972 + 90.61% 495,455 + 91.30% 764,366 + 67.40% 510,795 + 85.70% 2,686,503 + 90.73% 257,738 + 87.57% 212,896 + 86.49% 4,750,147 + 50.09% 10,741 + 99.62% 10,312,713 + 83.27% BALANCE COLLECTED YTD YTD LOCAL SOURCES COMMONWEALTH FEDERAL GOVERNMENT TRANSFERS-IN TOTAL EXPENDITURE~ 702,995 465,247 20,006,716 16,610,776 431,775 134,080 29,114,923 26,280,498 50,256,409 43,490,601 237,748 - 66.18% 3,395,940 - 83.03% 297,695 - 31.05% 2,834,425 - 90.26% 6,765,808 - 86.54% 90/91 EXP/OBLIG BALANCE EXP/OBLIG APPROP YTD YTD YTD INSTRUCTION ADMIN., ATTENDANCE, & HEALTH PUPIL TRANSPORTATION FACILITIES OPERATION & MAINT FACILITIES TOTAL CAPITAL IMPROVEMENT FIRfD REVENUES 39,394,013 32,277,757 1,853,376 1,623,969 4,211,544 3,562,340 4,632,968 4,038,589 164,508 161,643 7,116,256 + 81.94% 229,407 + 87.62% 649,204 + 84.5.9% 594,379 + 87.17% 2,865 + 98.26% 50,256,409 41,664,298 8,592,111 + 82.90% 1990/91 RECEIPTS BALANCE COLLECTED EST. REVENUE YTD YTD YTD LOCAL SOURCES COMMONWEALTH NONREVENUE RECEIPTS FUND BALANCE TRANSFERS~IN TOTAL EXPENDITIm]~.E 291,800 253,867 37,933 - 87.00% 802,040 0 802,040 - 0.00% 17,676,682 6,861,639 10,815,043 - 38.82% 924,330 0 924,330 - 0.00% 6,500,000 2,000,000 4,500,000 - 30.77% 26,194,852 9,115,506 17,079,346 - 34.80% 90/91 EXP/OBLIG BALANCE' EXP/OBLIG APPROP YTD YTD YTD GENERAL GOV'T ADMINISTRATION JUDICIAL ADMINISTRATION PUBLIC SAFETY PUBLIC WORKS HUMAN DEVELOPMENT EDUCATION PARKS, RECREATION AND CULTURAL COMMUNITY DEVELOPMENT TRANSFERS' TOTAL 99,747 42,776 56,971 +. 42.88%~ 1,403 0 1,403 + 0.00% 592,351 555,268 37,083 + 93.74% 3,039,413 745,903 2,293,510 + 24.54% 7,000 0 7,000 + 0.00% 18,304,918 13,963,267 4,341,651 + 76.28% 2,348,086 1,137,948 1,210,138 + 48~46% 301,356 56,272 245,084 + 18.67% 1,500,578 0 1,500,578 + 0.00% 26,194,852 16,501,434 9,693,418 + 62.99% July 10, 1991 (Regular Day (Page 8) Meeting) 2¸4 OTHER FUNDS REVENUES METRO PLANNING GRANT-PL FUNDS 1990/91 RECEIPTS BALANCE COLLECTED EST. REVENUE YTD YTD YTD 0 197 (197)+ 0.00% DCJS: DRUG ENFORCEMENT SOIL & WATER CONSERVATION CDBG-AHIP MODERATE REHAB. GRANT GYPSY MOTH AIPM PROGRAM FIRE SERVICE PROGRAM DUPLICATING EQUIPMENT FOOD SERVICES CHAPTER I CHAPTER II MIGRANT EDUCATION FED JOB TRAINING PART ACT DROP-OUT PREVENTION GRANT DRUG EDUCATION GRANT ORGANIZATIONAL RESEARCH SLIAG PROGRAM CBIP SEVERE E. D. PROGRAM PROCESS APPROACH (PAL) G E ELFUN COMMUNITY, EDUCATION SUMMER SCHOOL FUND TEXTBOOK RENTAL FUND MCINTIRE.TRUST FUND A-H S FIRE DAMAGE JOINT SECURITY JOINT SECURITY-CAPITAL JOINT DISPATCH FUND JOINT RECREATION'FACILITY STORM WATER CONTROL FUND VISITOR CENTER FUND DEBT SERVICE FUND TOTAL EXPENDITURES 0 0 600,000 0 134,997 0 0 1,510,500 538,994 57,929 57,093 25,000 0 74,181 14,995 34,219 461,547 622,315 36,971 20,000 637,500 0 369,411 10,000 0 2,626,614 30,619 784,642 179,905 2,341,333 0 3,429~096 14,597,861 10,519 (10,519)+ 0.00% 1,057 (1,057)+ 0.00% 0 600,000 - 0.00% 869,459 (869,459)+ 0.00% 58,557 76,440 - 43.38% 404,077 (404,077)+ 0.00% 98,063 (98,063)+ 0.00% 1,368,247 142,253 90.58% 288,749 250,245 53.57% 21,607 36,322 37.30% 35,935 21,158 62.94% 0 25,000 0.00% 0 0 - 0.00% 35,540 38,641 47.91% 0 14,995~- 0.00% 5,917 28,302 - 17.29% 183,697 277,850 - 39.80% 165,338 456,977 - 26.57% 0 36,971 - 0.00% 20,000 0 + 100.00% 552,993 84,507 - 86.74% 0 0 0.00% 226,229 143,182 61.24% 8,221 1,779 82.21% 363,320 (363,320)+ 0.00% 2,286,680 339,934 - 87.06% 23,676 6,943 77.32% 785,949 (1,307)+ 100.17% 108,122 71,783 - 60;10% 0 2,341,333 - 0.00'% 62,090 (62,090)+ 0.00% 2,763,128 665,968 - 80.58% 10,747,367 3,850,494 - 73.62% 90/91 EXP/OBLIG BALANCE EXP/OBLIG APPROP YTD YTD YTD - METRO PLANNING GRANT-PL FUNDS DCJS: DRUG ENFORCEMENT SOIL '& i WATER CONSERVATION CDBG-AHIP' MODERATE REHAB. GRANT GYPSY MOTH_AIPM PROGRAM FIRE SERVICE PROGRAM DUPLICATING- EQUIPMENT FOOD SERVICES CHAPTER I CHAPTER 'II MIGRANT EDUCATION MISC. SCHOOL GRANTS FED JOB ~TRAINING PART ACT DROP-OUT PREVENTION GRANT DRUG EDUCATION GRANT ORGANIZATIONAL RESEARCH SLIAG CBIP SEVERE E D PROGRAM PROCESS APPROACH (PAL) G E ELFUN COMMUNITY EDUCATION TEXTBOOK RENTAL FUND MCINTIRE TRUST FUND A H S: FIRE DAMAGE JOINT SECURITY FUND JOINT SECURITY-CAPITAL JOINT DISPATCH FUND JOINT RECREATION FACILITY 0 0 0 600,000 0 134,997 0 0 1,510,500 538,994 57,929 57,093 0 25,000 0 74,181 14,995 34,219 461,547 622,315 36,971 20,000 637,500 369,411 10,000 0 2,626,614 30,619 784,642 179,905 7,063 28,135 910 0 772,765 88,642 167,000 95,995 1,284,471 426,348 48,546 48,934 22 2,669 0 55,991 29 13,665 438,807 494,697 10,381 4,481 632,745 224,409 8,221 258,329 2,255,198 23,676 727,145 130,142 (7,063)- 0.00% (28,135)- 0.00% (91o)- -o.oo% 600,000 + 0.00% (772,765)- 0.00% 46,355 + 65.66% (167,000)- 0.00% (95,995)- 0.00% 226,029 + 85.04% 112,646 + 79.10% 9,383 + 83.80% 8,159 + 85.71% (22)- 0.00% 22,331 + 10:68% 0 - 0.00% 18,190 + 75.48% 14,966 + 0.19% 20,554 + 39.93% 22,740 + 95.07% 127,618 + 79.49% 26,590 + 28.08% 15,519 + 22.41% 4,755 + 99.25% 145,002 + 60.75% 1,779 + 82.21% (258,329)- 0.00% 37t,416 + 85.86% 6,943 + 77.32% 57,497 + 92.67% 49,763 + 72.34% July 10, 1991 (Regular Day Meeting) (Page 9) STORM WATER CONTROL FUND VISITOR CENTER FUND DEBT SERVICE FUND TOTAL 2§ 2,341,333 32,212 2,309,121 + 1.38% 0 62,090 (62,090)- 0.00% 3,429,096 2,765,467 663~629 + 80.65% 14,597,861 11,109,185 3,488,676 + 76.10% Item 5.14. Copy of letter dated July 3, 1991, from Ms. Amelia M. Patter- son, Zoning Administrator, addressed to Mr. Forrest Hyre entitled "Official Determination of Number of Parcels - Section 10.3.1; Tax Map 7, Parcel 29 and 29A, was received as information. Agenda Item No. 6a, Highway Matters: Commonwealth Drive vs. Peyton Drive, Discussion of. Mr. TUcker said several months ago the Board asked staff to develop construction cost.estimates for the extension of Commonwealth Drive in lieu/of upgrading PeytonDrive. The County Engineering staff recently completedi~s cost estimate for extending Commonwealth Drive which amounts to approximately $365,000. Improvements to Peyton Drive are estimated at $330,000. The adopted Capital Improvements Program budget for FY 91-92 allocates $376,298 (including a prior allocation) to this project. Mr. Tucker recommended that the Board'request the Planning staff and Commission to review both alignments for compliance with the Comprehensive Plan under'Stats Code Section 15.1-456 and make a recommendation concerning these alignments. Staff opinion is that the Commonwealth Drive extension is the most logical improvement. MOtion ~asoffered by Mr. Bain, seconded by Mrs. Humphris, to request the Planning Commission and staff to review the extension of Commonwealth Drive and the improvement of Peyton Drive for compliance with the Comprehensive Plan in accordance with Va. Code Section 15.1-'456 and-make a recommendation to the Board concerning the alignments. Roll was called and the motion Carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Noting that Item 6b is scheduled for public hearing at 9:30 a.m. and.the applicant, was not yet present, the Board took up Item 6c at this time. Agenda Item No. 6c. Other Highway Matters. Mr. Tucker recalled that several years ago the Board discussed obtaining afinal engineering alignment for Meadow Creek Parkway north of Rio Road'~ The project was put to bid and Sverdrup Corporation was selected to determine the aligument. After awarding the contract, the project was put on hold because of the-potential conflict with Sverdrup working on the Route 29 North DEIS. The staff now requests that the project move forward. The money for the projeCtwas previously allocated and appropriated. Motion was offered by'Mrs. HumphriS, seconded by Mr. Bowerman, to authorize Sverdrup to proceed with determining a final alignment for the Meadow Creek Parkway north of Rio Road. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mrs. Humphris said she has been receiving calls about the entrance at the Colonnades on Barracks Road. There is a great potential for an accident. There is a large amount of traffic entering and exiting thestore across tha road, and a lot ofthe elderly people turn slowly into the entrancewhich is hazardous. Mr. Roosevelt said the road is being widened to create a left turn lane. Other than marking the pavement to create a left turn lane, he does not know what else can be done. At the same location, the entrance at the Colonnades, Mrs. Hump~is said when the contractor meshed the new asphalt with the old asphalt, a real problem was created because cars traveling east on Barracks Road hit a rather large bump with the change in asphalt. She hopes that when they start working July 10, 1991 (Regular Day Meeting) (Page 10) on the permanent turn lane that this will be improved. that it was not well done and would be looked at. 26 Mr. Roosevelt agreed Mrs. Humphris asked what is occurring on Route 606. Mr. Tucker related that the project is the realignment of Route 606 near North Pinea Subdivision. There has been concern expressed about some of the fill material being conta- minated with building materials and other products, and this was referred to the Zoning Administrator for review. The Zoning office is continuously monitoring the project. Mrs.' Humphris said she has been speaking to Ms. Babs Huckle, the Jack JOuett representative on the Planning Commission, about her environmental concerns with the construction of the Route 660 bridge project. Ms. Huckle reported that the way YDoT is handling the project is outstanding. .She · thanked %fOoT for its supervision and contrOl~on the project. Mr. Bowie complimented YDoT for its handling ofthe trafficon Rio Road during construction. Mr. Roosevelt said the credit for traffic control on Rio Road goes to ,the inspector for the project, Mr. Kenney Teal. He is hopeful that the, Department will use that experience for the planning of work on Route 250 East. For information~ Mr, Roosevelt said theRoute 660 project is on schedule for completion in November. He is aware that there is a lot of concern with the project. Regarding Rio Road, Mr. Roosevelt said the contractor has asked for a final inspection for Friday, July 12. He anticipates there will be some punchlist items', but to the public's eye, the project is near completion. Mr. Roosevelt said VDoT is starting work on the intersection atthe southwest corner of the Charlottesville~Albemarte Airport, Routes 743/606. Hal~y, Chisholm & Morris is the contractor and they have a reputation for working speedily. ~, ~Mrs. Humphris saidthe right turn lane from Barracks Road to Georgetown Road has started to break down again, particularly at the far end of the turn. She asked if anything can be done. Mr. Roosevelt said the Department needs to paint a white line to try and convince people to stay on the actual pavement. The Department will continue to put a wedge of asphalt in there to try and protect the shoulder until the white line can be painted. He hopes that will improve the situation. Agenda Item No. 6b. Public Hearing: Request to abandon public rights in road running from State Route 717 through lands of Charles Clinton Morris and Coleman R. Morris and Sarah L. Smith to State Route 712. (Advertised in the Daily Progress on June 25 and July 2, 1991.) (Mr. Bain abstained from discussion on this item because his firm repre- sents oneof the property owners. He left the room at 9:30 a.m.) Mr. Tucker said on May 8 the Board set'for public hearing this request to abandon public rights between Route 717 and Route 712. Staff determined that there was no public need to maintain the roadWay and recommended that it be abandoned. In a letter to the Board dated April 24, 1991, representatives of the property owners affected by the right-of-way all concurred with the abandonment. Mr. Matthew B. Murray, representing Mrs. Sarah L. Smith, indicated the area on the map before the Board and said the area marked in red is the approximate location of the old road, but if someone was to walk the ground 27 July 10, 1991 (Regular Day Meeting) (Page 11) today, they would not be able to find it. On the right hand side of the map if the Board will follow the red line inward, there is a little spur that comes up from existing Route 717. That spur is not in existence, but was at one time. He asks that the Board also delete that spur. There is a juncture where two roads cross and go off into Charles Morris' and Coleman Morris' property. He also asks that those two spurs be deleted. Mr. St. John asked Mr. Murray's meaning of the word "deleted". Mr. Murray said he thinks those areas should be removed from the map to accurately reflect what is on the ground since there is no visible evidence of those roads. He asked that the Board approve the request for abandonment. There being no one else present from the public regarding this item, the publiChearing Was closed. Mr. Bowie asked if it is necessary to readvertise to abandon those additional locations requested by Mr. Murray. Mr. St~ John replied"no", he thinks that~the map before theBoard is in substantial accord with the adver- tisement. Mr. Perkins commented that the spurs Mr. Murray refers to are on the USGS maps and he ~thinks they are accurate. The area may. be overgrown, but atone time ~those roads~.did exist. Mr. St. John did not think that. clarifying the tax map should be consid- ered by the Board. He thinks that the .Board should abandon what is shown in red and which was advertised for this public hearing. Mr..'Bowie said he is not comfortable with taking action on the appli- cant's additional request to abandon those other roads. Mr. Murray said pertinent to the description in the advertisement~ould include the abandonment of the little spur that goes down to Route 717. Mr. St. John said there is no evidence that the spur is or ever was a public road and the applicant wants it abandoned simply because it is shown as a blue line on a tax map. Mr. Murraysaid a witness stated that the spur was used as a cutoff ,to reach Pinkerton's field. Since it is on the tax map, he thinks it could arguably he.included in the description. Mr. Perkins asked if it is a problem to include the spur in the abandon- ment. Mr. St. John said if nobody objects to it, then the Board could go ahead and do it. Mr. Bowie asked if that was legally included in the adver- tisement, Mr. St. John said the proper course would be to abandon what was shown on the red line only. Motion was offered by Mr. Perkins, seconded by Mrs. Humphris, to abandon the public rights in road 'running from 'State Route 717 through lands of Cha=les Clinton Morris and Coleman R. Morris and Sarah L. Smith to State Route 712 as outlined in red on the map. At the suggestion of Mr. Way, Mr. Cilimberg identified the map by initialing it VWC, dated 7/10/91. Roll was calledand the motion carried by the following recorded vote: AYES: Mr.~Bowerman, Mr. Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ABSTAIN: Mr. Bain. RESOLUTION WHEREAS, the Board was requested by a citizen to abandon section of an old roads not in the State Highway or Secondary System; and WHEREAS, the Board, on May 8, 1991, ordered that this matter be advertised for public hearing in accordance with Virginia Code Section 33~1-157; and WHEREA~, after holding a public hearing on Julyl0, 1991, the Board finding that the said section of road serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the public rights in a road running from State Route 717 through lands of Charles Clinton Morris and July 10, 1991 (Regular Day Meeting) (Page 12) 28 Coleman R. Morris and Sarah L. Smith to State Route 712 (outlined in red on map initialed VWC, dated 7/10/91) be abandoned to public use as per the following description: A road starting at State Route 712 on Sarah L. Smith's property (Albemarle County Tax Map 111, Parcel 41), thence northeasterly in a straight line for 4000 feet; thence in an easterly direction an additional 4000 feet to State Route 717. (Mr. Bain returned to the meeting at 9:44 a.m.) Agenda Item No. 7. Request to set a public hearing to vacate a portion of a plat of Mill Creek PUD, Phase 1, Section 1. Mr. Cilimberg presented~ the. follOwing staff report, followed by a letter dated June 26, 1991, from Mr. George H. Gilliam, addressed to the Board: "Attached (following) is a copy of correspondence to the~Board of Supervisors from George Gilliam regarding plats in the Mill Creek P.U.D. Allplats were correctly approved by the County. However, because'the original Lots 36-39 of Phase I, Section I, existed under a homeoWner's association, the homeowners in Phase I, Section I, have an interest in those lots and their disposition. Those lots were effec- tively, eliminated when they.were combined with Parcel G1 in July, 1988. However, other lots in Phase I, Section I, had been sold at that time. Therefore, the State Code, under Section 15.1-482, re- quires Lots 36-39 be vacated. Two options exist for the owner to accomplish this. The first'would require an 'instrument in writing agreeing to the vacation signed by all the owners of lots shown on the plat. and also signed on behalf of the governing body'. The second, which has been chosenby the owner, allows such vacation to occur by ordinance of the governing body. Staff supports the requestedvacation as being consistent with past County action regarding the subject parcels. Staff recommendsthe Board of Supervisors proceed to public hearing to vacate Phase I, Section I, Lots 36-39. Mr. Gilliam has been requested to draft the appropriate oMdinance to accomplish this action." !'The referend~d plat, dated October 6, 1986, last revised June 4, 1987, was approved by the Board in 1987 and recorded in the Clerk's Office of the'Circuit Court of Albemarle County, Virginia in Deed Book 9443 page 695. The plat shows, among other things, four lots on the south side of Mill Creek DriVe, numbered 36, 37, 38 and 39. Those lots were.shown as single family lots.. Acopy of the relevant portion of the plat is attached as Exhibit A. Virtually every lot in Phase I - Section 1. of Mill Creek has been sold; however, lots 36~39 (inclusive) have not been sold as a part of that Section~ In t988, by Plat dated April 13, 1988 and recorded in Deed Book 1002, page 719, a copy of which is attached as Exhibit B, Lots 36, 37, 38 and39 were combined with other property on the south side of Mill Creek Drive, to form parcel Gl. At the time of such combination, the four lots -- 36, 37, 38 and 39 -- should have been vacated off of the plat o£ Phase I, Section 1, but were not. The developer is now bUilding 'VillageHomes' in the. area south of Mill. Creek-Drive.~ The Village Homes area comprises multi-family housing and the lot configuration is different from that of single family homes. A portion of 'old' lots 36-39 is now traversed by new Creekside Drive and another portion now is in Village Home lots. The Village Homes at Mill Creek subdivision plan has received all neces- sary approvals, andvplats showing certain of the Village Homes lots have now been recorded. A portion of a plat dated May 13, 1991, showing~open space and easements for the proposed ¥illageiHomes lots is also attached, as Exhibit C. July 10, 1991 (Regular Day Meeting) (Page 13) 29 To complete what should have been done in 1988 when the parcel G1 plat was approved, it is necessary to vacate that portion of the 1986-87 plat showing 'old' Lots 36, 37, 38 and 39. The practical effect of this plat vacation would be to remove those four lots from Phase I - Section 1 of Mill Creek. By virtue of the subsequent plats, the land which makes up those four lots will become part of the Village Homes area. I have discussed this with Mr. Cilimberg, and we agree that the procedure provided by §15.1-482(b) of the Code of Virginia for vaca- tion of a portion of a plat after certain of the lots shown thereon have been sold is the appropriate procedure. As provided by the cited statutory provision, I request that this request for a partial vacation of the Phase I - Section 1 plat be placed on your agenda, and that notice as required.bY§15'~l~431 ofthe Codebe given." Mr. Bowie asked who would be notified should the Board decide to proceed to public hearing on the request. Mr. Cilimberg suggested all of the property owners in Phase I, Section I, be notified. Mr. Bain felt that the more people notified the better. Mrs. Mumphris asked if Parcel G1 is already built upon. Mr. Cilimberg responded that Parcel G1 is currently being developed as duplexes. Mrs. Humphris recalled some complaints from residents of Mill Creek and asked if the concern, was that some people had purchased lots with the understanding that they were in single-family detached and their neighbors would also be single-family detached. Mr. Cilimberg said the original approvalfor Mill Creek showed this area for multi-family. He does not know if there was any misrepresentation to the property owners. Mr. St. John said there have been some other major relocations of multi-family in Mill Creek which was the basis of the concerns expressed to Mrs. Humphris. In explanation of the request to the Board, Lots 36-39were transferred out of the platted subdivision over into Parcel Gl, but their identity as lots'were never obliterated. They are still shown on the plat as four separate lots. His understanding is that the topography is such t~mt the applicants want to relocate the multi-family lots. Mr. Cilimberg said a.site plan has been approved for this development and some construction is underway. Mr. Bain asked who was notified in 1988 when the County approved the appli- cants request to take these lots and add them to the residue. Mr. Cilimberg thought that was handled administratively and there was no notification process. When the site plan was before the Commission, the property owners on all surrounding properties were notified. He would suggest notifying all property owners in Phase I, Section 1, as this directly relates to their interests. Mr. Way suggested that the Mill Creek Homeowners Association also be notified. Motion was offered by Mr. Way, seconded by Mr. Bain, to set a public hearing for August 21 to vacate a portion of a plat of Mill Creek PUD, Phase I, Section 1, andrequested that all of the homeowners in Phase I, Section 1, and the Mill Creek Homeowners Association be notified. Roll was calledand the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 8. SP-90-102, Centel. (Defer to August 14, 1991,) The Chairman noted the following letter dated June 12, 1991, from Mr. Will Ferrence, Centel Cellular, addressed to Mr. Ronald S. Keeler, Chief of Planning, was received: "With regard to Albemarle County's concerns pertaining to Centel's request for a Conditional Use Permit, it isapparent that there are two distinct issues at hand. The first issue concerns thenature of the cellular industry and requirements for quality service. The July 10, 1991 (Regular Day Meeting) (Page 14) 3O second issue concerns the specifics of Centel's need for a tower site in Northwest Albemarle County; specifically, the Crozet area. In answering the question of the cellular industry's nature and requirements, I would refer you to the letter and attachments provided during our June llth conversation. This package provides a general outline of the concepts of cellular telephone communication. I have attached a copy of that letter and a list of the attachments that were furnished. Using this package as a basis for discussion, Centel Cellular is committed to working with the County of Albemarle in clearing up any questions or concerns related to the placement of cellular communiaation towers. Ithas been determined that in order to address the issue of tower location requirements in Albemarle County, further exploration ~by Centel is necessary. Centel wishes to ensure that ali site possi- bilities are researched in an effort to fulfill Centel's needs and best serve Albemarle County's desire for limited tower proliferation. Therefore, Centel requests this decision be deferred until AugUst." Motion was offered by Mr. Bain, seconded by Mr. Way, to defer SP-90-102 to August 14, at the request of the applicant. Mr. Bowie said he does not think the issue before the Board is what Centel appears to be addressing. He thought the Board asked the applicant to address the issue of the height of the tower and how many towers the applicant needs. He does not think the Board is concerned about the competitiveness of the cellular market. Mr. St. John said the Board expressed concerns about the precedent that this one tower could set and the proliferation of towers in the County~ which then brought up-the issue of whether federal regulations-prohi- bit more than one company using a tower. Mr. Bain agreed with Mr. St. John. Mr. Bowie said he does not want to know the reasons that several companies cannot use a tower, just "yes!' or "no" on whether it is allowed by federal regulations. It was suggested that the applicant forward whatever information it intends to present to the Board by August 7 so that if additional informa- tion is needed, the applicant can be so notified prior to August 14, Mr. Perkins suggested the staff identify the best sites for towers in the County and look at the possibility of the County leasing these sites. He also suggested, that a location in Mint Springs Park be reviewed as a potential site for towers. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 9. Public Hearing on an ordinance to amend and reenaat Article I, Chapter 2, "Administration" of the Code of~ Albemarle setting the Compensation of the Board of Supervisors for Fiscal Year 1991-92. (Advertised in the Daily Progress on July 23 and July 30, 1991.) Mr. Bowie said the Board's salary was incorrectly advertised.. The Board can decide not to change its salary or readvertise the correct amount for another public hearing. He suggested holding the advertised public hearing and then deciding how to proceed. He opened the public hearing. There being no persons from the public present to speak on this item, the public'~hearing was closed. Motion was offered by Mrs. Humphris, seconded by Mr. Way, to set a public hearing for August 7 on an ordinance to amend and reenact Article I, Chapter 2, "Administration" of the Code of Albemarle setting the Compensation of the Board. of Supervisors for Fiscal Year 1991-92 at $8819.16. Mr. Bowie expressed concern about the salary of the vice-chairman. He~ ~. thinks the vice-chairman is asked to do a lot of things other than chair meetings. He would support allowing compensation for attendance at functions that the Chairman is unable to attend. The Code allows for a stiPend of upto $100 per-month. 31 July 10, 1991 (Regular Day Meeting) (Page 15) Mr. Way said when he became vice-chairman he did not feel a stipend was necessary, since he chaired a meeting seldom. That is the reason he made the recommendation to reduce the stipend. Mr. Tucker said the ordinance allows the vice-chairman a stipend for serving in lieu of the chairman. Mrs. Humphris said that seemed appropriate. Mr. Bowerman said he would rather the stipend be a set monthly amount which would require less administrative work. He thinks $50 is a reasonable sum. Mr. Bain said it is part of a Board member's duties to attend various functions and serve on committees. He does not think that the vice-chairman does any more than the other Board members. There being no other discussion, roll was called and the motion carried by the following recorded vote: AYES:~Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr.~ Way. NAYS: None. Agenda Item No. 10. Crozet Recyclers. Ms. Polly Buxton, a resident of Crozet, said this spring, the Crozet Women's Club decided to sponsor a recycling day. The idea caught fire and they were joined in the planning by various other organizations in the area. Ms, Kelly Anderson of Trash Rehash, a local recycling business, volunteered her truck and her time. On Saturday, April 6, they held the recycling day. They filled up the Rehash truck and trailer and all other vehicles that were available. They collected a total of 6000 pounds. They were elated by the- response and decided to try a pilot project to run the first Saturday of each month through December. They thought this would give the Rivanna Solid Waste Authority time to plan drop-off centers and provide education about recycling for the community. In May, 3500 pounds were collected. Ms. 'Buxton said, in the meantime, the Women's Club appealed to the County for financial assistance using a figure of $40, quoted by Ms. Anderson for use of her pickup and trailer, to cover the cost of gas and unloading. The County granted this request and allocated $240 to fund the program through the~end of the year. Mr. Randy Layman, a Batesville trash hauler, volunteered for the Mayand 3une recycle days. In June, they recycled 6500 pounds and again they had to use private cars to carry away the excess. The Crozet Lions' Club provided volunteers for June. In July, the Jaycees and Girl Scouts volun- teered and again the materials generated 7000 pounds and they had to use private cars and pickups for hauling. They were then informed by Randy LaYman that he could no longer volunteer and would need $250 per Saturday.. He brings a truck, a trailer and a pickup. Some of the materials are taken to Coiner's and some to Bryant's Salvage in Fisherville. He has not received any profit from recycling these materials. They then decided to pay Mr. Layman the entire amount that the County had given them and hoped that the Board would provide additional funds so they can continue throughDecember. They have recycled 11 to 12 tons of material. The Charlottesville Recycling Program has figured that it costs them $280 per ton to recycle. If the Board uses that figure, it can see that what they have done so far could be valued at $3080. It would cost the County $1150 to help them out through the end of the year. They have staffed the Saturdays with volunteers, made posters, written arti- cles, xeroxed, etc., at their own expense. Windham has allowed them the use of its parking lot and. The Bulletin has provided articles and reminders for each week. If the County cannot help them Out, they will have to close down. Mr. Way asked the total amount being requested from the County. Ms. Buxtonsaid $250. Ms. Florence Massie, a memberof the Crozet Moonlighters Homemakers Club, said they are very concerned with the waste generated in homes, businesses and the impact this is having on the landfill. The Club appointed a committee to study what they could do. The recycling effort is going very well in the community and has grown. Local haulers cannot continue their generous donated service. ,Bryant Salvage indicated that they could place a bin, with divisions in it, in the community somewhere, but would haveto limit the number of recyclables that could be taken. The rental fee for~the bin. would be $75 and 32 July 10, 1991 (Regular Day Meeting) (Page 16) $75 for each time emptied. There are problems asmociated with the bin such as supervision and preventing it from becoming a dump site. Local service organizations have generously contributed time and volunteer help, but do not have the money or means to get the quantity of recyclables to Coiner's or Bryant's Salvage. They appeal to the County for help. Ms. Jo Ann Perkins, a member of the Crozet Comm~nity Association, said they have thus far volunteered 190 man hours on this project. They have handled all of the costs with publicity and posters. Mr. Randy Layman, who has been working with them since the project began, predicts that their volume will double in September. They are taking over one-half of household recycla- ble waste. They are also getting recyclables from other places in the County and~from the City of Charlottesville. They are also getting children involved andplanning activities for them. She hopes that the Board will consider the time and effort they have put into this project and help them. Ms. Mary Caudle, a member of the Moonlighters Extension Homemakers of Crozet, said in four months their efforts to educate and get people to recycle have grown from serving approximately 60 families to more than' 150 families. All containers were full by 10:30 a.m. on July 6 and people continued to come and had to be turned away. They have over 400 signatures from people in Crozet, White Hall, Batesville, Greenwood, North Garden, Ivy and Charlottes- ville, who have signed a petition supporting recycling in Crozet. It is their hope and desire that recycling cancontinue in Crozet, but they cannot dorit without the' Board's support. The problems they face are: 1) no money because they are not a fundraising group; 2) they have grown faster than expected; 3) theyserve not only Crozet citizens, but also Surrounding areas; 4) present haulers have established, a pricedepending on the present market, but the markets have fluctuated so much since they started and itwill probably take a drastic change when Charlottesville releases its recycling contract; 5) those turned away had some ill-feelings and there may be some more ill-feelings when the program is abruptly stopped. They are asking the County for help and. want to be able to recycle at least half of the household waste so it will not. have to go to the landfill. By December it'is their hope that the Rivanna Solid Waste Authority will have something in place to take recyclables to relieve them of this burden. Mr. Bowie said yesterday he spoke with Dr. Tony Iachettaof the RSWA~ and theproblem they are having at the landfill is that nobody wants the material that is being recycled. They are having to pay to haul it off which is going to be a problem County-wide. His concern is what happens if citizens from other sections of the County come in and make a request for funds. Mr. Bain said he thinks the Board needs to give some direction and make some decisions on whether it is going to put funds into recycling, what it will Cost and how it will be done. The RSWA has been in existence for a year, but extremely little education has been forthcoming. It is costing the City of Charlottesville $340 aton to do their 1000 household recycling project. Mr. Tucker said he thinks the Board will ultimately have to decide whether it wants to subsidize recycling, whether it will provide for curb-side collection or drop-off centers or whether to include it as part of the tipping fee at the landfill. Mrs. Humphris said she feels the Board needs a much stronger, more direct relationship with the RSWA. She took it upon herself to have a meeting with Dr. Iachetta, Mr. George Williams and the new director and they came out of that meeting with a good understanding that their educational program isnot succeeding~ that the problem with the education of the haulers and the custom- ers isdismal and that the haulers need to get themselves in an active organ- ization so they can be educated and Work within the system. A lot of atten- tionis being given to recycling and nobody is giving any attention to making a market. The RSWA uses only recyclable paper. If the County is ~going to be a part of the solution, even though it may cost a little more to do it, she feels that it is the County's obligation to create a market. The CoUnty has not made a big enough effort. It is this Board's obligation to push the RSWA hard. They must do more faster about a materialS recovery facility or what- ever. Mr. Bowie said a lotof money is being, spent to recycle materialsand those materials are still ending up in the landfillbecause nobod~ wants them and they are not being separated properly. July 10, 1991 (Regular Day Meeting) (Page 17) Mr. Tucker said the RSWA is moving as fast as it can because it takes time to get things started. They intend to start the pilot curb-side recycl- ing project with haulers for a six month period to see how successf~ul it is~ He thinks the pilot project will be successful and that more households will want to participate. The question then will be whether the County will subsidize the funding. Mr. Bowie said he thinks the Board needs something definitive back from the RSWA on what is going to happen and when it is going to happen. Mr. Bain said he wants something from staff on what the County should be doing. If the RSWA does not have the money, then maybe the County will have to consider funding. Mr. Perkins said regarding the request before the Board, he thinks these volunteer efforts are much cheaperthan what anybody else has been doing. Mr. Bowie said. he supports granting the request at least until something comes backto the Board on what the County intends to do. Motion was then offered by Mr. Perkins, seconded by Mrs. N-~phris, to approve a request from the Crozet Recyclers to fund its recycling program through December, 1991, at a cost of $250 per month. Mr. Bowie said he would support the motion, but would not support an additional request for funds. Mr. Bain concurred. Mrs. Humphris said the only thing that is going to save the commUnity is source reduction. These organizations are in the perfect place to do that. Mr. Perkins said he'works for Westvaco, a paper company, and they have five paper machines and make about 2000 tons of paper per day. One of~the machines is running entirely recyclable paper and he thinks that is:the trend throughout the industry. A lot of the other products they make cannot use recyclable materials because that paper is used for food containers and the Food and-Drug Administration will'not'allow the use. -~. .Thece.~being no~0ther discussion, roll was'calted and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. Way said he has concerns about the availability of the trash pickup. He still thinks trash is going into the ravines and alongside the road. He thinks there needs to be awork session to discuss this issue. Mr. Bain agreed. He would, like information on the RSWA's advertising and education budget. Mr.-Bowie also agreed. He suggested that if individual Board members have specific concerns to be addressed, that they berelayed to the County Executive's staff. Mr. Bowerman Said he thinks 'a lot of people want to recycle, but there must be a market for the recyclable materials. He thinks it is the obligation of the City, County, University of Virginia and major businesses in the area, where possible, to only deal with manufacturers who accept recyclables back for reprocessing. He suggests that the County attempt to come up with some method where the purchasing can be coordinated with manufacturers that do this, that the County not buy from companies that use only virgin paper. He feels there is no need to use bond paper such as that given to the Board. He thinks the County needs to take the initiative and force industry through its own purchasing to make certain steps because they are not going to do it on their own. Not Docketed. Mr. Bowie acknowledged the presence of students from Fork Union Military Academy and their instructor, Mr. JohnMarston. The students are present as part of the summer school gove~t and social studies class. The Chairman called a-recess at 10:48 a.m. The Board reconvened at 11:05 a.m, July 10, 1991 (Regular Day Meeting) (Page 18) Agenda Item No. 11. Lickinghole Creek, Pro Rata Share Policy, Discussion of. Mr. Tucker summarized the following memorandum dated July 2, 1991: "The Albemarle County Department of Engineering drafted a 'Policy Governing the Calculation and Collection of Fees for Development of Land that Lies in the Drainage Basin of Regional Stormwater Management Facilities' which was approved by the Board on February 13, 1991. In the application of this policy to a development project in the drm~n- age basin of the Lickinghole Creek Regional Sedimentation Basin, it was brought to the attention of the County that the adopted policy was not completely consistent with Title 15.1-466(j) of the Code of Virginia. The County. Attorney has worked with the Department of Engineering, Office of Water Resources Management, and Planning Department to develop a revised policy. The revised policy is consistent with the Code and is attached for your approval. Theresult of this revised policy will be a calculation of pro rata share contributions based solely on increases in the volumeand velocity of runoff which occur as a result of development in the Lickinghole Creek watershed. This will yield a substantially lower return of reimbursement funds for the Lickinghole Creek project. The Engineering Department estimates that the funds potentially recover- able from future development represent approximately 34 percent of project construction costs." Mr. Tucker said the Environmental Protection Agency (EPA) and theCorps- of Engineers will be making a decision on whether to permit the Lickinghole Creek project so that it can go forward. There are still some wetland issues that have not been resolved. These organizations could still prevent the project from being constructed. As further information is received, it will be provided to the Board. Mr. Bowie asked how much is anticipated to be collected from developers for the project and if there are some other means to protect the watersheds if this project is denied. Mr. Tucker said soil erosion protection methods are currently in place. The staff is taking into consideration that the project may be prohibited. They have asked the developer, who has concurred, to go ahead and develop plans for on-site runoff control facilities in the event the basin is not built. Motion was offered by Mr. Bain, seconded by Mr..Bowerman, to adopt the "Policy. Governing Calculation and Collection of Fees for Development of Land thatLies in the])rainage Basin of Regional Storm~ater Management Facili- ties'' set out below. Mr. Perkins said he is concerned that if the County is only going to recover 35 percent from the developers, then it would possibly be better to require developers to build on-site retentiOnbasins. Mr. St. Johnsaid that option would still be available on a case-by-case basis. Mr. Perkins said he thinks the need for~ the Lickinghole Sedimentation Pond has already been addressed by the sewer interceptor line. He does.not think there is a need for thebasin. It would be much cheaper to require developersto put on-site basins. Mr. Bowie said he basically agrees with Mr. Perkins, but that can be addressed with the Capital Improvements Program. Mr. Tucker said the Board has already appropriated the funds necessary to construct the Lickinghole Creek-Basi~n. Afte~a~uling ha~been received~from~EPA~ if-it is the~Boa~d's desire .t6~again~-discuss the'issue ~ith. regard-.toYfunding, then'that would~be scheduled for diScussion:immediately.~:It~.woUtd~not-come back ~during the~CIP pr~cess~' Mr, Perkins said he thinks that it should be discussed. Mr. Bowie said he would also support discussing the issue again. There being no other comments, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. July 10, 1991 (Regular Day Meeting) (Page 19) POLICY GOVERNING CALCULATION AND COLLECTION OF FEES FOR DEVELOPMENT OF LAND THAT LIES IN THE' DRAINAGE BASIN OF REGIONAL STORMWATER MANAGEMENT FACILITIES 35 July 10, 1991 Where the Albemarle County Board of Supervisors determines that the public interest is best served by a regional stormwater management facility (for runoff control or stormwater detention), and appropri- ates public funds for the construction of the facility with the express understanding that a fee will be assessed for the development of land within the drainage basin of the facility, a subdivider or developer shall be required'to pay a pro rata share of the cost of such facility. Such pro rata share shall be limited to the proportion of such total estimated cost which the increased volume and velocity of stormwater runoff to be actually caused by the subdivision or development bears to total estimated volumeand velocity of Such runoff from such area in its fully developed state (Code of Virginia, Title 15.1-466j). Total cost shall include: 1) any engineering study for the watershed of a regional facility; 2) design costs; 3) land and ~asement acquisition; 4) construction costs; and 5) construction mmnagement and inspection fees. Calculations of increase in runoff shall be submitted to the Albemarle County Department of Engineering for review and approval. Documentation must accompany any development proposal within the watershed of a regional stormwater management facility. Following approVal of runoff calculations, the pro rata share contribution for the facility must be made prior to any issuance of permits for land- disturbing activities. In such case that a regional stormwater management facility has been proposed, but final cost estimates are not yet available or construction of the facility hasnot commenced, the following options shall be available to meet the terms of this policy: The developer may make a contribution based on the best available cost estimate of the regional facility at the time of the site plan submittal for the project. The County Engineering Department shall use the projected cost of such facility to develop a formula for calculation of pro rata share contributions in accordance with Title 15.1-466(j) of the Code of Virginia. 2~ The developer may provide an acceptable form of surety to cover their respective pro rata share of the cost of a regional stormwater facility and proceedwith such project subject to County Engineering Department approval of runoff calculations and County Attorney approval of surety. In any case where a regional stormwater management facility has been proposed but is not constructed, the County Engineering Depart- ment may require such facilities or pro rata share contributions to control runOff'as necessary to meet the requirements of provisiOns of the Albemarle County Code in order to provide for the health, safety and welfare of the citizens of Albemarle County. Lickinghole Creek Regional Stormwater Management Facility Until thetotal cost of the facility has been determined, pro rata share contributions shall be determined in accordance with the formula below. This calculation is based on the bestavailable cost estimate of the facility and establishes a pro rata share contribution for offsite drainage facilities based, on the increase in the volume and velocity of stormwater actually caused by a particular project. The pro rata share is determined by the following: Increase in Runoff x Volume (cfs) $428.85 per cfs increase in 10 yr. runoff (based on best available cost estimate) = Pro Rata Share July 10, 1991 (Regular Day Meeting) (Page 20) Increase in runoff volume shall be determined for any proposed development and shall be based on the increase in runoff volume and velocity resulting from the project in its fully developed state. This determination shall calculate increase in runoff volume and velocity from the point at which runoff leaves the property boundary. Agenda Item No. 12. Meals Tax Referendum, Discussion of procedures. Mr. St. John said the language in the Code of Virginia that authorizes a meals tax and a referendum is confusing. The Board can "doctor" the language to make it plain. He has discussed this with the Attorney General and Secre- tary of the~State Electoral Board.. The Code states that a county can impose a meals tax which when added to the State sales tax does not exceed eight and one-half percent. At this time, the State sales tax is four and one-half percent. The Board could put on the November ballot the question as: "Shall Albemarle County be authorized to levy a tax on meals, with an appropriate description~ not to exceed four percent?" The other alternativeis to use the exact language of the statute as follows: "Shall Albemarle County~be autho- rized a'meals tax in an amount which when added to the sales tax shall not exceed eight and one-half percent?" He thinks it is simpler to understand when the amount of four percent is included in the question. For a referendum there are steps that have to be taken and deadlines to meet. If one of the steps is flawed, it is too late to correct after the fact. The Circuit Court judge must sign a Writ of Election which orders the Electoral Board to put the question on the November ballot. That must be done no later than 60 days prior to the election. The procedure is for the Board to direct him to file a Petition for a Writ of Election. Mr. Bowie said it seems to him that the referendum should state as clearly as possible what the Boardis doing and not be designed for misUnder- standing. Mr. St. John said although he received instructions from the State thattheCounty could use the four percent language~ they think the County should use-the language in the Code. Mr. Perkins asked if language in. the Code has.~changed from when this question came up several years ago. Mr. St. John replied "yes". The section of the language reading "when combined with the sales tax not to exceed a total of eight and one-half percent" is. new language. Mr. Bain said he wants to make sure the language is "attack proof". He thinks it is up to the Board members to sell the idea of the meals tax, Mr.~ Tucker asked if the County could not clarify in a parenthetical comment the language. Mr. St. John said there are ways it can be clarified. Mr. Bowerman thinks it is up to the Board to educate the public,and the Board should use the language in the Code. Mrs. Humphris agreed. Mr, Way. said he is still debating the issue. Mrs. Humphris said it seems to her that there should be some simple language that could be put on the ballot to clarify the Code language. Mr. St. John said he would draft something and bring it back-to the Board at its next.meeting on July 17. Mr. Bowie reiterated that the Board wants to comply with State Code, but wants the language made as simple as possible. There was no further discussion. Agenda Item No. 13. Letter from Accomack County Board of Supervisors asking the Board to join in requesting the right of participation in the Virginia Retirement System for members of city councils and boards of Supervi- sors in the Commonwealth. Mr. Bowie said this has been before this Board previously. This Board has never supported the request because the amount of five percent of the salarymust be contributed for five years in order to vest and if this option is available the supervisors would not be eligible for Individual Retirement Accounts (IRAs). If the Board concurs, he will write a letter explaining the Board's reasons for not supporting the request. There were no objections from the Board. (Mr. St. John left the meeting at 11:33 a.m.) July 10, 1991 (Regular Day Meeting) (Page 21) 37 Agenda Item No. 14a. Work Session: Blue Ridge Neighborhood Study. Mr. Cilimberg summarized the following memorandum dated July 5, 1991: "The Blue Ridge Neighborhood Study is the fifth of eight Area 'B' studies undertaken by the Plarming and Coordination Council (PACC) in accordance with the City/County/University 'Memorandum of Understand- ing.' The main Blue Ridge Neighborhood Study area consists of 857 acres and includes the Piedmont Virginia Community College (PVCC), Blue Ridge Hospital, Tandem School, Thomas Jefferson Visitor's Center, Cavalry Baptist Church, Lakeside and Willow Lake Subdivisions and the Hillcrest and Soil Conservation Service properties. The study also includes a separate 38 acre area south on Route 20, the University of Virginia Health Science's Support Facility. The PACC, at its meeting on May 30, 1991, endorsed the Study and forwarded it to the Planning Commission and Board of Supervisors for review and approval. The Planning Commission held a June 4, 1991, work session on the Study. This Study makes a number of recommendations (Executive Summary) which will require amendments to both the Comprehensive Plan text and Land Use Map. These changes will be reviewed at the July 10 work session. No action is necessary to amend the Plan at that time. After your review and comment, the Plan will be returned to the Planning Commis- sion for public hearing to amend the Comprehensive Plan. The Planning Commission will then forward .its recommendation to the Board." Mr. Cilimberg then presented a slide presentation on the following Executive Summary outlined in the Study: A~ GENERAL CONDITIONS The Blue Ridge Neighborhood Study area consists of 895.2 acres and is located along Interstate-64 and the city limits to the north, Avon Street Extended (Route 742) to the west, the Hill- crest,and Tandem School properties to the south, and Blue Ridge Hospital and Soil Conservation property located along Route 20 to the east. The study area also includes the University of Virginia Health Sciences Support Facility's property located off of Route 20 and 3.7 acres of land owned by the City that was split when the right-of-way for Interstate-64 was dedicated. The study area consists of facilities such as the Piedmont Virgi- nia Community College (PVCC), Blue Ridge Hospital, Health Scien- ces Support Facility,. Cavalry Baptist Church, Tandem School, Thomas Jefferson Visitor's Center, and the Inn at Monticello. The study area also includes two residential developments, Willow Lake and Lakeside. B. SUMMARY OF RECOMMENDATIONS: Land Use Change (Blue Ridge Tract): Expand the Growth Area boundary south across Interstate-64 and east across. Route 20 to coincide with the Albemarle County Service Authority (ACSA) jurisdictional area located cn the BlueRidge Hospi- tal tract. This expansion is based on the conditions that the area be designated for public/semi-public use and any development be consistent with the Master Land Utilization Plan for the Blue Ridge Hospital-tract dated May of 1991. Mr. Bain said he uses the Route 20/I-64 interchange frequently. He thinks thatthe traffic configuration is extremely poor in the area. He is concerned about traffic coming west on 1-64 to get onto Route 20 South. 38 July 10, 1991 (Regular Day Meeting) (Page 22) Traffic must exit 1-64, stop, cross two lanes of on-coming traffic, turn left and then merge onto Route 20. He thinks staff should look at a different configuration to alleviate this traffic problem. Also, there is no decelera- tion lane for traffic coming east on 1-64 to get. onto Route 20 South. Mr. Kenneth Baker of the Planning staff said Recommendation #13 in the Plan is to study the impact and the feasibility of constructing some type of acceleration lane. Mr. Cilimberg said the staff did not study the other suggestion made by Mr. Bain. Mr. Cilimberg said the principle issue is related to land use, particu- larly with the Blue Ridge Hospital tract. A lot of effort was put into working with the University of Virginia to come to an agreement on the best deVelopment Scheme for the tractand, also, to meet the interests of the University for future development of the tract to avoid controversy. The overall intent was to look at the study areas as one general neighborhood that would be amended into the County's Comprehensive Plan for variousland use changes. (Mr. Bowie left the meeting at 11:40 a.m.) Mr. Way asked why the study did not include property across the road from Tandem School. Mr. Cilimberg replied that the study area was established in 1986 and that was the area used. Mr. Tucker commented that the property is owned by the University. Mr. Cilimberg said the Committee felt that there needed to be a defini- tive conceptual plan from the University on how they expected to develop the site. The ComprehenSive Plan amendment to include this area in Neighborhood 4 of the urban area should be based on the University complying with that accepted plan as part-of the study. He then outlined the plan which included various notes that will guide the development of the property. (Mr. Bowie returned to the meeting at 11:46 a.m.) Mr. Bain asked about the area east on 1-64 coming north on Route 20 and if the Committee had any discussions about that section of highway. Mr. Cilimberg said that traffic movement was not discussed~ Mr. Bain said traffic coming out of Blue Ridge Hospital has about 100 feet to go, must cross two lanes of traffic, merge into the left lane and then cut across the southbound lane and traffic has no place to stack. There is already a loop east on t~64 for going north into town and he does not think it should be problem to connect it to 1-64. The terrain has already been graded toallow this to be done. (Mr. Bowerman left the meeting at 11:55 a.m.) Mr. Perkins asked if this Plan recommends that the Forestry Department be allowed to build on the Blue Ridge site if it develops another plan. Mr. Cilimberg responded "no". The University stated that its use of the property would only be for University-related uses. (Mr. Bowerman returned at 11:58 a.m.) Mrs. Humphris asked about utilities imposing on the buffered areas. Mr~ Cilimberg couldnot say what may be necessary in terms of utilities serving the site. It may be necessary to do some advance planning of utilities during the site plan process, but usually utilities are discussed late in the pro- ject. The staff has in the past tried to require additional planning when buffers are disturbed~ In this situation, along Route 53, he thinks there needs to be a note made to advance plan utility provisions aspart of the overall development of the site. Mrs. Humphris said she and members of the public perceive this issue as a major loop hole in the Zoning Ordinance that definitely needs to be dealt with. She asked about the possibilities of disturbing the buffer if a parkway on Route 53 were constructed. Mr. Cilimberg said he does'not know how much of the buffer would be disturbed for a parkway. The parkway concept recommended in this Plan is similar to that approaching Mount Vernon in Alexandria. It would be envisioned to have grass shoulders and a pathway for potential bikers. They do not have a cross section plan.of that idea. It is something that Monticello wants to work with the Countyand University in developing. Until the staff sees the concept and talks~with VDoT, they would not know how much effect it would have on the buffer. The buffer is measured from the right-of-way of Route 53 so it is the staff's expectations that anything occurring on Route 53 in the.way of improve- ments would occurwithin that right-of-way. If that happens there would be no need.to disturb~the buffer. Mrs. Humphris asked what the Board needs to do to make surethat buffers not be intruded on by easements for utilities, road- ways~ etc~ 'Mr. Citimbergsaid he would need to discuss that with the C~unty July 10, 1991 (Regular Day Meeting) (Page 23) Attorney. The Board could, of course, pass a resolution of intent. He thinks the best approach would be to handle the issue in site plan provisions, to have the review at the beginning of site plan review and identify the utili- ties needed relative to the buffer. Mrs. Humphris said she finds it discou- raging to adopt such a plan and then find that mai or loopholes have been left open. Mr. Bowie agreed that it may be necessary to amend the language in the ordinance. He asked if language could not be included in this Plan that it is the intent of the County that the buffer along Route 53 not be cut for utili- ties or anything else. A separate issue is a change in the Zoning Ordinance to locate utilities outside of the buffer area. Mr. Cilimberg said the Committee did not discuss utilities. Mr. Bowie said he thinks the buffer on Route 53 is important because it is the entrance route to Monticello. Mr. Cilimberg said this effort with the City, County and University ultimately worked out to be a good relationship. It was good to get the cooperative effort. Mr. Cilimberg then continued with the slide presentation and the recom- mendations concerning land use changes for the Hillcrest tract. 2 Z. Land Use Change (Hillcrest Tract): If the Forestry Depart- ment undertakes its proposed office development, change the Comprehensive Plan land use designation of approximately 30 acres in the northern portion of the Hillcrest tract from low density residential to public/semi-public and replace the residential holding capacity lost as a result of this development. Mr. Way asked why.the residential area needs to be replaced; why not just omit it from the Plan. Mr. Cilimberg said the staff has always tried to keep the residential holding capacity in the urban and growth areas as muchas possible to relieve the growth pressures for residential use outside the growth areas. Mr. Cilimberg said the staff will be-bringing to the Board a status report on the Comprehensive Plan and will show where the County has lost holding capacity due to some other things that have happened. Land Use (Health Sciences Support Facility): Allow expan- sion of existing facilities at the Health Sciences Support Facility that are consistent with the rural character, non-intensive and supportive of the current use. Land Use (City Parcel): Ensure that the parcel is developed in 'a manner that is consistent with the surrounding land use designations. Commercial Service: Allow commercial service within certain portions of the study area under a Planned Unit Development (PUD). 6. Expansion of PVCC: Expand PVCC in a manner which is sensi- tive to the surrounding area and based on the master plan for the site. (Mr. Bain left the meeting at 12:11 p.m.) Protection of Routes 20 and 53 as Entrance Corridors: Preserve the character of the area by implementing design and building standards for development along Routes 20 and 53. Parkway to Monticello: Construct a scenic and protective Parkway to Monticello that allows for safe and efficient traffic movement and preserves the rural character of the area-. Routes 20 and 53 Intersection Improvements: Work with the Virginia Department of Transportation (VDOT) to consider additional improvements which would improve the safety of this intersection. 4O July 10, 1991 (Regular Day Meeting) (Page 24) 10. Blue Ridge Hospital Entrance: Relocate the present entrance to the Blue Ridge Hospital directly across from the PVCC/Thomas Jefferson Visitor's Center entrance to coincide with major development of the Blue Ridge tract. 11. Transit Service: Assess the feasibility of expanding transit service to PVCC and Blue Ridge Hospital and consider providing future service to other portions of the study area. 12. Bicycles: Provide a safe and efficient bicycle transporta- tion system within the study area. Interchange Improvements: Evaluate the possibility of installing an acceleration lane on the eastbound Inter- state,64/Route.20 South exit. 14. Interchange: Evaluate the need and feasibility for an interchange at Interstate-64 and Route 742 (Avon Street). 15. Fire Station and Rescue Station: Locate a joint fire and rescue station in or near the study area to reduce response times and increase fire fighting and rescue capabilities. (Mr. Bain returned at 12:14 p.m.) 16. Street Lights: Add additional street lighting along the Route 20 corridor near the PVCC entrance, at the Routes 20 and 53intersection, and at other areas of need to improve safety in the study area. 17. 18. Regional Stormwater Management: Implement a regional stormwater management approach in the study area. Viewshed Protection: Regulate development on the Carter's Mountain ridgeline to ensure the preservation of the study area's viewshed~ 19. Streams and Wetlands Protection: Implement protection measures for streams and wetlands consistent with Chesapeake Bay Act preservation goals. Mr. Way asked where the City parcel (#4)is located. Mr. Cilimberg said it is an undeveloped tract on the southside of 1,64 and was cut off when 1-64 was actually built. This is currently zoned for business use. The City stated that it does not really want to use the property for. business use and they committed the property to the open space area. The propertyis owned by the City. Mr. Bowerman asked if, during review of the COmprehensive Plan in 1989, this area and the Hillcrest property were discussed as commercial. Mr. Cilimberg said he does not think there was a discussion of incorporating commercial uses in general in residential areas. The Committee felt that if a PUD were done, the staff Wouldhave the opportunity to incorporate a small scale level of commercial support use (#5). Because of the potential for several, hundred homes here, it may be necessary to have some level of support- ing commercial to avoid people having to leave the development and adding more traffic to Avon Street. That is the idea behind the commercial service in Hillcrest. Mr. Bain asked if the recommendation (#5) had to be part of this Study. Mr. Bowiesaid he remembers some discussions although they may not have been held during the Comprehensive Plan discussions. Mr. Way also remembered some discussions about a connection with Mill Creek. Mr. Cilimberg said he thinks commercial use was approved for 60,000 square feet. Mr. Bain said he would rather it, (#5), not be a part of the Study. Mr. Way said he supportedthe commercial as part of Mill Creek because there is nothing south of town, but he thinks that is enough. Mr. Bain said he thinks it should be left alone until there is a need. Mr. Bowerman asked if a recommendation was deleted from the Study if the Study would have to go back to the PACC. Mr. Cilimberg said this plan needs July 10, 1991 (Regular Day Meeting) (Page 25) to be adopted in some form into the Comprehensive Plan. The Board could amend the Comprehensive Plan to include those aspects of the Blue Ridge Study that it feels should be in the Plan and delete others that it feels are inappropri- ate. Mr. Way agreed to delete recommendation #5. Mr. Bowerman said his concern is that the recommendation is almost a different policy statement in stating that if there are 200 homes in a development there needs to be some commercial support services. He is not sure the Board ever said that. Mr. Cilimberg said the PUD provisions in the Zoning Ordinance allow so many square feet of commercial per residence. Mr. Perkins asked if P¥CC does not want to have a connection to Avon Street. iMr. Cilimberg responded that is correct. Mr. Perkins thought it would be favorable to keep that connection, that it would give more "clout" to possibly getting an interchange on I.-64, Mr. Baker said the reason PVCC did not want the connection was because they did not want the traffic using it as a cut through to Route 20. Mr. Perkins said there are ways to deal with' cut through traffic. Mr. Cilimberg suggested contacting Dr. Poole, who was on the Committee, and find out PVCC's reasons for not wanting this connection. Mr. Bain said he understands Mr. Perkins comments, but he would rather this be left. alone. He would prefer that PVCC have one access. Mr. Bowie asked if PVCC can be required to open that access. Mr. Tucker replied "no". There was no further discussion. Agenda Item No. 14b. Work Session: The Bike Plan for the City of Charlottesville and Albemarle County, prepared by the City of Charlottesville and Albemarle County for the Metropolitan Planning Organization, dated May, 1991. Mr. Cilimberg said the Bike Plan was deVeloped in conjunction with the Metropolitan Planning Organization (MPO), the City of Charlottesville, the County, the University of Virginia, the Virginia Department of Transportation (VDoT), area bicycle clubs and bicycle shop owners~ The Planning Commission, at its meeting on .Julyg, 1991, endorsed the Plan as an amendmentto the Comprehensive Plan. The Bike Plan is regional and .incorporates facilities in both the City and the County. The City Planning Commission has also recom- mended the Plan as an amendment to the City's Comprehensive Plan. Mr. Cilimberg then reviewed the basic facilities involved in the Plan, as outlined on pages 3 through 5 of the Plan. The Plan includes the following four goals, with objectives: 1) Provide a comprehensive and coordinated regionalbikeway system which is responsive to a wide range of bicyclist characteristics; 2) Provide a bikeway system that is safe and convenient for all users; 3) Inform and educate the general public of bicycle advantages, bicyCle facilities and regulations; and 4) Provide a comprehensive bikeway system that is feasible and cost-effective. The Plan includes financing alternatives, with the primary sources being VDoT funds, new construction road projects, and the City and County Capital Improvement Programs.. Page 15 of the Plan includes three priorities. He then summarized the first priority Which.includes: linkage of major trip attractor areas; linkage of City and coUnty bikeways and/or linkage of the County urban and rural areas and utili- zation of other programs for capital improvements or road construction in providing bike facilities; and designating popular bikeway sections where high potential exists for bicycle/vehicle conflict. Mr. Cilimberg said most of the remainder of the Study concentrates the specific facilities, which are numerous, involving both~ urban and rurat compo- nents of the County. He then reviewed the following action agenda: Develop bikeway facilities in a manner that is based on the. priorities indicated in Section VII; Incorporate bicycle facilities.as part of road improve~ents from design to construction as recommended in this Plan; 3~ Provide ann~,m] funding in the Capital Improvements Program for bikeway improvements. -These funds would be targeted to improvements outlined in this Plan; 42 July 10, 1991 (Regular Day Meeting) (Page 26) 4. Utilize outside funds including State, Federal and private funds for the construction of bicycle facilities in the City and County; Explore possibilities in providing bicycling educational programs to all age groups; Continue regional cooperation with neighboring localities and the State in planning and development of bicycle facilities; and Investigate alternative alignment for the-Interstate Bicycle Route-76. Mr. Cilimberg said the Planning Commission wanted it expressed to the Board that ~any of'.maps t~hat are produced for the public and used to promote bicycling have the proviso that some of the routes as shown are future routes and currently may not be safe for bicycle travel. Mr. Bowerman commented that he thought the methodolOgy used for this Plan was excellent. He thought the cooperation of everyone involved was excellent, as were the priorities. He was impressed with the overall document. Mr. Bowie agreed with Mr. Cilimberg about not encouraging these bike routes at this time. Mr. Perkins thought it may be a good idea for the County to identify roads that are not suitable for bike travel. Mr. Bain did not think that any of the roads were safe for bike travel. Mr. Perkins said there are different ways to raise money to implement the plan. Perhaps bikers should think about a tax on biCycles or.a bike~decal. Mr. Cilimberg said registration of bikes was discussed by the Committee. For the Board's information, VDoT secondary improvement funds include a 50 percent match on building bikeways, if the County wants to use it. Mr. Bowerman also thought that registration of bikes is a good idea because it would also help law enforcement in terms of thefts of bikes and obeyance of traffic laws. Mrs. Humphris thought that enforcing registration would cost more money than could be brought in. Mr. Cilimberg said that was also the Committee's thinking~ Mr. Bowie commented that the P~lan has been advertised for a public hearing before this Board on July 17 and no action is required from the. Board at this time. Mrs. Bowie said he thinks that it will be decades before this Plan can be implemented. There wasno further discussion. Agenda Item No. 15. Other Matters Not Listed on the Agenda from the BOARD-. Mr. Tucker said pursuant to the requirements of the Community Development Block Grant Project, an environmental review is required for the proposed AHIP hOusing~rehabilitation project. The Board must appoint an Environmental Certifying Officer to be responsible for conducting this review. It is recommended that the Board appoint Mr. David B. Benish, Chief of Community Development as the Environmental Certifying Officer. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to appoint Mr. David B. Benish, Chief of Community Development, as Environmental Certify- ing Officer for the proposed AHIP housing rehabilitation project. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins andMr~ Way. NAYS: None. Mr. Perkins said he. has received some requests from landowners concerning the Water Resources Protection Ordinance and, whether there are provisions or plans to inform people on what they have to do to be in compliance with the 'regulations. Mr. Tucker said information is being provided by Soil Conserva- tion Service. He will find out what kind of educational program they intend to put in place. July 10, 1991 (Regular Day Meeting) (Page 27) Mrs. Humphris said she received a call from someone who expressed concern about Ivy Creek being mud-filled. As she was passing by a construction site on Route 250 West, she went over to look at the silt fences and saw that they were covered with mud. and foliage was growing on top of the mud. If the County has regulations to keep mud out of the reservoir, they should be such that they work. Mrs. Humphris said the contractor had bulldozed the Albemarle High School site for improvements before the last heavy rains occurred. When she went over to look at the site, the overall control measures had been successful, although not 100 percent. She think~ they did a fairly good job. Mrl Tucker said the Water Resources Committee is working on a stormwater policy that will be coming to the Board next month. The policy has gone to the Planning Commission for review. He intends to ask that the Board direct the!Water Resources Committee to start developing ordinances and suggested mmendments. (Mr. St. John returned to the meeting at 12:45 p.m.) At 12:49 p.m., motion was offered by Mrs. Humphris, seconded by Mr. Bain, to adjourn into Executive Session for discussion of personnel issues under Virginia Code Section 2.1-344.A.1. Roll was called and the motion carried.by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. None. The Board reconvened into open session at 1:31 p.m. Motion was offered by Mr. Bain, seconded by'Mr. Bowerman, to adopt the~following Certification of Executive Session: C~TIFIGATION OF EX~CI~M~TING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE: IT RESOLVED that the Albemarle County Board of Supervisorshereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting-requirements by Virginia law were discussed in the executive meet~g-t~iwhi~h ~thi~ ~ertific~a~i'~esolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ABS]~IT DURING VOTe: None. ABSENT DURING ~TING: NOH~. :Agenda Item No. 16. Adjourn. There being no further business to come before the Board, the meeting, immediately adjourned. CHAIRMAN