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1990-06-13June 13, 1990 (Regular Day Meeting) (Page 1) 249 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June 13, 1990, at 9:00 A.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS 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. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. V. Wayne Cilimberg, Director of Planning and Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 9:00 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. Consent Agenda. Motion was offered by Mr. Bain and seconded by Mr. Way to approve Items 4.2 through 4.3a and to accept the remaining items as information with the exception of 4.9, which is to be discussed during the afternoon portion of this meeting. 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. Item 4.1. Statements of Expenses for the Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail for the Month of June, 1990. This item was not ready this date so was deleted from the agenda. Item 4.2. Resolution endorsing the concept of fair housing and publish- ing this action in the local newspaper in order to comply with requirements of 1987 Community Development Block Grant. The following resolution was adopted by the vote shown above for publication as the County's official statement on fair housing. WHEREAS, the Board of Supervisors of Albemarle County, Virginia, wishes to ensure equal opportunity to all persons residing in the County of Albemarle to live in decent housing facilities; and WHEREAS, discrimination on the basis of race, color, religion, national origin, sex, age, familial status or handicap in connection with the sale, purchase, leasing, or financing of housing facilities will be prohibited by the County of Albemarle; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Albemarle, Virginia, endorses the concept of fair. housing within the County of Albemarle and that the County Executive as the designated Fair Housing Administrator is hereby authorized to further the County of Albemarle's efforts in this regard. Item 4.3. Authorize Chairman to sign contract with Appalachian Power Company for period between June 1, 1990, and May 31, 2000. The following resolution was adopted: WHEREAS, there was this day presented to the Board of Supervisors a proposed contract between the Board of Supervisors of Albemarle County, Virginia, and the Appalachian Power Company providing for street lighting, dated June 1, 1990, as set out in said proposed contract; and June 13, 1990 (Regular Day Meeting) (Page 2) 250 WHEREAS, the terms and conditions of said proposed contract are agreeable and acceptable to the Board of Supervisors; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County: (1) That said contract be and hereby is approved and accepted and that F. R. Bowie, Chairman, be and hereby is authorized to execute and deliver said contract for and on behalf of Albemarle County; and (2) That Lettie E. Neher, Clerk, be and hereby is authorized and directed to affix the seal of Albemarle County to said contract and attest the same. Item 4.3a. Street Sign Resolution for Bennington Road (Route 1407) and Barracks Road (Route 654) in Canterbury Hills Subdivision - Section 1. Request was received from Mr. Edmund Berkeley, Jr., a resident of Canterbury Hills Subdivision for street name signs. The following resolution was adopted by the vote shown above: WHEREAS request has been received for street signs to identify the following roads: Bennington Road (State Route 1407) and Barracks Road (State Route 654) at its northwest intersection (Canterbury Hills side; and WHEREAS a citizen has agreed to purchase these signs through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Trans- portation be and the same is hereby requested to install and maintain the above mentioned street signs. Item 4.4. Letter dated June 4, 1990, from Mr. Thomas F. Farley, District Administrator, Department of Transportation, giving notice of a location public hearing on the County 29 Corridor Study, (Project #6029-002-122, PE-100) between Route 29/250 Bypass in the City of Charlottesville to 0.31 Mile North of the North Fork Rivanna River was received. The public hearing is scheduled for June 28, 1990, at Charlottesville High School. Item 4.5. Letter dated June 1, 1990, from Mr. Michael Chandler, Communi- ty Resource Department, VPI-SU, stating that Mrs. Amelia Patterson, Zoning Administrator, has received a graduation certificate for completing all requirements associated with the Virginia Certified Boards of Zoning Appeals Program, was received as information. Mr. Bowie suggested that a letter of congratulations be sent from the Board to Mrs. Patterson, via the County Executive. Other Board members concurred. Item 4.6. Memorandum from Mr. Guy B. Agnor, Jr., dated June 4, 1990, re: "Appalachian Power Company Rate Negotiations", stating that the cycle of negotiations with APCo has begun and an assessment of $360 based on 1989 electric usage will be paid from the Board's budget, was received as informa- tion. Item 4.7. Memorandum from Mr. Guy B. Agnor, Jr., dated June 4, 1990, re: Cove Garden Ruritan Club's offer to assist the County Parks staff in stabi- lizing the deterioration of the Coleman House on the Southern Regional Park property, was received as information. Item 4.8. Notice dated June 6, 1990, from the State Corporation Commis- sion enclosing application from Appalachian Power Company for a permanent June 13, 1990 (Regular Day Meeting) (Page 3) 251 increase in its rates after investigation and hearing by the Commission, was received as information. Item 4.9. Report from the Department of Planning and Community Develop- ment dated May 30, 1900, entitled: "Fiscal Impact Evaluation and Future Rezoning Requests" This item was moved to the afternoon portion for discus- sion during the work sessions. Item 4.10. Letter dated June 7, 1990, from Mr. Neal J. Barber, Director, Department of Housing and Community Development, re: denial of Albemarle County's request for Community Development Block Grant housing rehabilitation funding, received as information. Mr. Cilimberg noted that a meeting is scheduled in Richmond on Friday, June 16, regarding the grant application denial. He said he would inform the Board if an appeal process is initiated as a result of that meeting. Mr. Bowie asked that a report be given to the Board-on what impact the loss of the grant will have on the entire housing rehabilitation program. Item 4.11. Letter dated June 8, 1990, from Mr. Thomas F. Farley, Dis- trict Administrator, Department of Transportation, transmitting a set of the minutes from the third District Round Table meeting for state and local government officials held on May 8, 1990, in Culpeper (on file in Clerk's Office), received as information. Not Docketed: Mr. St. John referred to a non-agenda letter dated May 11, 1990, from Mr. Curry A. Roberts of Albemarle Farms. He said the letter stated that the applicant intends to abandon three special use permits due to construction and operation costs associated with the proposed projects. Mr. St. John suggested that the Board take official action for the record in the matter of abandoning these special use permits. Motion was immediately offered by Mr. Way and seconded by Mr. Bowerman that the special use permits SP-90-06, SP-87-98, and SP-87-81, be abandoned as requested in a letter dated May 11, 1990, from Mr. Curry A. Roberts, Managing Director, Albemarle Farms. 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. 5. Approval of Minutes: March 28, April 4, April 11, May 2, May 9 and May 16, 1990. Mr. Bowie had read the minutes for May 16, 1990, Pages 20 - End and found one typographical error. Mrs. Humphris had read the minutes for May 9, 1990, Pages 1 - 14, and found them to be in order. Mr. Perkins had read the minutes for April 4, 1990, Pages 16 to the End and found them to be in order. He had also read the minutes for May 9, 1990, Pages 14 to the End, and found them to be in order. Mr. Bowerman had read the minutes for May 2, 1990, and found them to be in order. Motion was offered by Mr. Way and seconded by Mr. Bain to approve the minutes as read. 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. June 13, 1990 (Regular Day Meeting) (Page 4) 252 Agenda Item No. 6a. Highway Matters: Set Public Hearing Date: Proposed Secondary System Budget - 1990-91. Mr. Roosevelt said he submitted a list of proposed projects to be included in the budget. The list contains one additional project which was not on the Secondary Road Improvements priority listing adopted by the Board in March. Mr. Roosevelt said it is necessary to set a public hearing and obtain the Board's recommendation for budget allocations for 1990-91. Mrs. Humphris asked about the $83,690 allocated for Old Forge Road. Mr. Roosevelt said that is a supplemental allocation to widen a section at Old Forge Road and Idlewood to three lanes, add curb and gutter and storm sewer to handle the drainage, and create a left turn lane on both streets. He said the Highway Department has purchased the right-of-way and made modifications to the project to satisfy the owner of the adjacent property. Mr. Bain asked about $30,000 shown for Crozet School. Mr. Roosevelt said YDoT allocated $100,000 in revenue sharing funds to cover its estimated cost of that project. However, the costs turned out to be higher by about $30,000. Regarding the bridge at Route 660, Mr. Bain asked when construction is likely to begin. Mr. Roosevelt said the project is scheduled for advertise- ment late in the month of June. Construction should begin in September. The project now calls for the closing of the old bridge. Mr. Roosevelt said he will attempt to schedule the closing in the Spring so that the contractor can work steadily and quickly to avoid as much inconvenience as possible. Mr. Bowie asked what roads are scheduled for plant mix. Mr. Roosevelt said the only roads scheduled for plant mix are Route 692 from Batesville toward Route 29 South, and for Route 676 from Route 250 to Garth Road. He said although plant mix may appear to be resurfacing, it is an improvement according to VDoT definitions. Mr. Bowerman said the one item referred to by Mr. Roosevelt that is not in the Six Year Plan is the Route 29 North modified intersection at Woodbrook Road and Rio Hills Shopping Center. Mr. Bowerman said he is prepared to answer any questions regarding that improvement if the Board so desires. Mr. Bowie agreed that it is a dangerous intersection, but he does not understand what the improvement entails. Mr. Bowerman said currently there is a concrete divider which channels traffic turning right onto Route 29 from Rio Hills Shopping Center. Through traffic and left turns onto Route 29 North are all in the next lane. Mr. Bowerman said because so much of the traffic leaving Rio Hills is turning left onto Route 29 North, and most of the traffic leaving Woodbrook is turning left on Route 29 to go south, the traffic which wants to go straight across the intersection from either direction is forced to wait. The suggested improvement is to remove the concrete divider and make the through and left turn lane a left turn lane only. This will allow left turning traffic out of Woodbrook to see that there is an oncoming car which wants to come through into Woodbrook. Mr. Bain wondered if the improvement would actually make a difference to through traffic. Mr. Roosevelt said with such a small percentage of traffic coming from Rio Hills into Woodbrook, cars coming from Woodbrook are assuming that oncoming cars will turn left. This improvement will eliminate any doubt about whether the traffic is coming straight across or turning. There was no further disCussion regarding specific projects contained in the proposed budget. Motion was offered by Mr. Bain and seconded by Mrs. Humphris to set a public hearing for July 11, 1990. 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. June 13, 1990 (Regular Day Meeting) (Page 5) Agenda Item No. 6b. Joint Transportation Committee Report. Agenda Item No. 1Se.) 253 (Moved to Agenda Item No. 6c. Public Hearing - An Ordinance to Amend and Reenact Chapter 12, Article VI, of the Albemarle County Code to add a new section to delegate authority to the County Executive to set speed limits on certain subdivision roads open to the public, but not in the Virginia Secondary System as allowed by Virginia Code Section 46.2-1300. (Advertised in the Daily Progress on May 29 and June 5, 1990.) Mr. Agnor summarized the Board's discussion of this matter which took place on May 9, 1990, and may be found in the minutes of that meeting. The public hearing was opened and no members of the public were present to speak. The public hearing was closed and the matter placed before the Board. There being no further discussion by the Board, motion was immediately offered by Mrs. Humphris and seconded by Mr. Way to adopt an ordinance to delegate authority to the County Executive to set speed limits on certain subdivision roads open to the public but not in the Virginia Secondary Highway System, to be added to Chapter 12, Article VI of the County Code. 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. AN ORDINANCE TO DELEGATE AUTHORITY TO THE COUNTY EXECUTIVE TO SET SPEED LIMITS ON CERTAIN SUBDIVISION ROADS OPEN TO THE PUBLIC BUT NOT IN THE VIRGINIA SECONDARY HIGHWAY SYSTEM, TO BE ADDED TO CHAPTER 12, ARTICLE VI, OF THE COUNTY CODE OF ALBEMARLE COUNTY BE IT ORDAINED that Chapter 12, Article VI of the County Code is amended and reenacted by the addition of the following sections: Section 12-34. The County Executive is hereby authorized to establish, increase or decrease the speed limit upon any road within a subdivision approved and platted pursuant to Chapter 11, Title 15.1 of the Code of Virginia (1950) which is open to the public but not part of the Virginia Secondary System of Highways; provided such road or roads form through connection between two roads which are in the Virginia Secondary System of Highways; and provided such speed limit shall be based upon an engineering and traffic investigation; and provided such speed area or zone is clearly indicated by markers or signs. Section 12-35. Upon the proper posting of such speed limits as may be established pursuant to Section 12-34 above, violation of any such speed limit shall constitute a misdemeanor punishable under the general penalty for violation of this Code. Authority for this ordinance is Chapter 13 (Section 46.2-1300, et. seq.), Title 46.2 of the Code of Virginia (1950). Mr. Bain noted that the Board had stipulated in an earlier meeting that any action resulting from this ordinance would require a request by a majority of the residents of a subdivision. Mr. St. John asked what public record there would be of any speed limits set by the County Executive. Mr. Agnor said he would report such action to the Board to be contained in the minutes of a Board meeting. Agenda Item No. 6d. Highway Matters: 1990-91 Construction Allocations and Six-Year Improvement Program for Primary, Interstate Highways, etc. Mr. Bain asked how long the construction project will last for bridge replacement and four-laning of Free Bridge on Route 250. Mr. Roosevelt said June 13, 1990 (Regular Day Meeting) (Page 6) 254 he thinks it will take all of the construction season next year and a good part of the following one as well. Mr. Bowie asked if the left turn onto High Street in the City will remain open. Mr. Roosevelt said that is VDoT's plan. He said the new bridge will be seven lanes wide. The first three lanes located south of the existing bridge will be built first, while the existing bridge is used as a detour during construction. Then, the traffic would be detoured onto the new structure while the old bridge is replaced. He said it is essential to keep the three lanes headed into Charlottesville open at all times during the day. Mr. Bowie noted that in the past when the left turn lane has been closed for improvements to the bridge, traffic actually moves faster through that area. Mr. Bain asked if the County's funding for the Meadow Creek Parkway is included in the project for four-laning of McIntire Road. Mr. Roosevelt said this plan covers primary/urban projects. The Six Year Plan is for secondary road projects. Mr. Roosevelt said the date shown in the secondary plan is July, 1994, but he assured the Board that the dates for completion of the City and County portions of this improvement would coincide. There was no further discussion of this item. Agenda Item No. 6e. Highway Matters: Projects Under Construction. Mr. Roosevelt asked if the format of the listing he furnished the Board today is suitable. He noted that he plans to send this list on a monthly basis for information. Mr. Bowie asked if next month's list would follow-up on items on the current list. Mr. Roosevelt said each list will stand alone. Items which are completed will be so noted and then deleted from the list the following month. Mr. Bowie asked that changes in status from month to month be noted by an asterisk. Mr. Bain said that there were three accidents over the Memorial Day weekend on Route 20 North. He wondered if any of those occurred at the bridge improvement location shown on this listing. Mr. Bain said he thinks the location of one accident is north of the intersection with Route 649, Proffit Road. Mr. Roosevelt said he was not aware of these accidents. He said with the completion of this bridge replacement project north of Stony Point, every narrow road section within Albemarle County on Route 20 will have been im- proved. Mr. Bowie suggested that staff determine the circumstances of the acci- dents referred to by Mr. Bain and forward that information to VDoT. He would like to have a report at the next day meeting as to the problem on this road. Regarding the list of projects under construction, Mr. Roosevelt informed the Board that the completion dates could conceivably change each month. He said VDoT's system of administering projects is to allow shut-downs when weather conditions are not conducive for grading, and that can extend the estimated completion dates. Mr. Perkins asked why the Route 240 project in Crozet is not on the list. Mr. Roosevelt said that project was not started when he prepared this report, but it will be on the report for next month. Mr. Bowerman asked if a traffic count study has been done for a light at the intersection of Northfields Road and Hillsdale Drive on Rio Road. Mr. Roosevelt said a count was made within the last two weeks, resulting in insufficient traffic to warrant a light. Mr. Roosevelt said he does not know the exact figures. The requirement for a light is a total of 500 cars in both directions on the main road, and one of the other approaches has to have 105 cars per hour. These two conditions must exist for eight hours during the day. Mr. RoOsevelt noted that traffic turning right is not included in the count for approaching traffic. Mr. Bowerman wondered how close to the re- quirements the traffic count is at Hillsdale Drive. Mr. Roosevelt said he has June 13, 1990 (Regular Day Meeting) (Page 7) 255 not seen the report, but he will obtain the information for the next Board meeting. Mr. Bowerman asked if a traffic study has been done at the intersection of Greenbrier Drive with Rio Road. Mr. Roosevelt said a recent study has not been done. Mr. Bowerman asked if such a study could be done. He said it is becoming increasingly difficult to access Rio Road because of the turning movement into the small shopping center there. Mr. Roosevelt said he would request a traffic signal study. The Board agreed that the information in Mr. Roosevelt's report was satisfactory. Agenda Item No. 6f. Other Highway Matters. Mr. Bowie noted that Great Eastern Management Company had requested a dedicated left turn signal at Riverbend Drive and Route 250 East at Pantops Shopping Center. He sent the request to Mr. Roosevelt and asked for a response. Mr. Roosevelt responded in a letter dated May 21, 1990, saying that efforts are being made to synchronize the signal system in the City of Charlottesville at the Route Z50 and High Street intersection with the Coun- ty's signal system at Riverbend Drive. Mr. Bowie said he had no further comments on this letter and thanked Mr. Roosevelt for his attention to the matter. Mr. Bowerman said there are several right turn lanes scattered along Route 29 North near the new Federal Express building. He said he thought the County could require frontage improvements. Currently, only a turn lane to access the property is required. He said this is creating a dangerous traffic situation along Route 29 North. He is also concerned about areas along Route 29 North, such as the piece of land between Shopper's World and Dominion Drive, where the public is getting tired of waiting for improvements. He wondered if some of these improvements can be made now without waiting for the six-laning of Route 29. Mr. Cilimberg said his Department relies on VDoT comments regarding the necessary improvements to access a development. Based on the Hylton case, the County can only require that improvements be made that are necessitated by the development of the property. Requiring a complete frontage lane is not necessitated by the individual development and not allowed in the review process. Mr. Bowerman feels there is a safety hazard created by not requiring a complete frontage lane and by just allowing a turn lane. Mr. Roosevelt said the properties on the opposite side of the road north of the crossover that serves the Sheraton Hotel are supposed to be accessed by a service road. Because the Federal Express property developed first, it was agreed that a temporary entrance would be allowed with a turn lane. Then, as the other properties are developed south of that point, that entrance would be closed and a new one constructed. What has happened is that the new entrance has been construqted, but the old one at Federal Express has not been closed. Mr. Roosevelt said that turn lane should be closed and remarked shortly. Mr. Cilimberg added that the new turn lane created for Automart will also be removed when the frontage road is completed. Mr. Roosevelt said the only entrance would be one at the existing crossover which should tie in to the turn lane now serving Real Estate III. Regarding the land at Shopper's World, Mr. Roosevelt said the problem is that development north of Charlottesville is tied into the Route 29 corridor study. VDoT has not made any improvements from the Rivanna River South on Route 29, anticipating a resolution on the corridor study. He feels that a decision may be made by next year's primary allocation hearing. Mr. Bowerman noted that VDoT is making improvements, however, on left turn lanes on Route 29. Mr. Roosevelt said those improvements were made out of special funds from the Traffic Engineer who felt that one of the biggest problems on Route 29 resulted from traffic backing up at certain intersections needing left turn lanes. June 13, 1990 (Regular Day Meeting) (Page 8) 256 Mr. Perkins said there are hedges overhanging the sidewalks in Crozet on Route Z40~between the Methodist Church and the railroad overpass. Mr. Roosevelt said he would have someone check the situation. Mr. Bain said that citizens who live on the gravel portion of Route 637 between the Ivy Landfilland Miller School are concerned about the speed of traffic. He asked if speed limit signs could be placed on that portion of road. Mr. Roosevelt said he would ask the Traffic Engineer to do a speed limit study on this road, although the Traffic Engineer feels that the gravel road itself limits the speed of traffic. He added that the volume of traffic on gravel roads is not normally enough to determine what the speed limit should be. Mr. Bain then reported the.problem of traffic not stopping when the traffic signal turns'red. He said six cars continued through the red light.at the intersection of Rio Hills and Route 29 North when he was recently waiting at the light. He said this is not the only intersection where this happens. He asked if there is anything that can be done to correct this situation. Mr. Roosevelt said this is a problem everywhere because people are in a hurry. He feels that it is an enforcement problem, rather than a signal timing problem. Extending the signal to two and one-half minu.tes will simply cause drivers to continue to run the red light because they know they will have to wait another few minutes before the signal changes again. Mr. Bain said he feels that if the police would issue tickets to a few cars at these intersections, the message would get across. Mrs. Humphris said some of the large rocks from the rocky median on Barracks Road near the Route 250 By-pass are lying in the highway 'and present a definite hazard to traffic. Mr. Roosevelt said he would haVe the situation corrected. Mr. Way thanked Mr. Roosevelt for the Highway Department's efforts with traffic for the Fourth of July parade in Scottsville. Agenda Item No. 7. An Ordinance to Amend and Reenact Section 2-2.1 of the Albemarle County Code entitled "Compensation of board of supervisors" to increase such compensation allowed by an inflation factor of not to exceed five percent as allowed by Virginia Code Section 14.1-46:01(2). (Advertised in the Daily Progress on May 29 and June 5, 1990.) Mr. Agnor said the compensation for the Board of Supervisors has to be set by ordinance. The State Code allows the amount to be adjusted annually. but only after a public hearing is held. The compensation proposed is for a five percent increase, which was calculated from the five percent allowance for teachers and the total of five and one-half percent for employees on the performance system. The Board's annual salary is currently $8,273.60, and this proposal would increase that amount to $8,687.28. Mr. Bain asked how the 2.5 percent increase for County employees was determined. Mr. Agnor said that increase reflects a need for the salary scale to be increased to keep up with the inflationary factors in the economy. For this year, employees are receiving a combination of the vested scale adjust- ment by 2.5 percent and a pool of three percent for the performance bonus. Mr. Bain said he thought last year's increase was an inflationary adjustment rather than a performance increase. Mr. Agnor said last year the increase was not tied to a scale adjustment. Mr. Bain asked the amount of the Board's adjustment last year. Mr. Agnor said last year the increase was reflective of an inflationary estimate, and that is what this figure represents this year as well. He said the State Code limits the adjustment to no more than the inflationary factor in the annual budget. For employees, the 2.5 percent salary scale is needed because of the inflationary factor of approximately fiVe percent. However, because the pay and classification plan is under review, the scale is only being adjusted by 2.5 percent, and the balance of the increase is to be used for the performance award. The total compensation June 13' 1990 (Regular Day Meeting) (Page 9) 257 of 5.5 percent is aimed at offsetting the inflation factor. In the case of teachers,.the amount is regulated by the State at, five percent. The public hearing was Opened at this time. Mr. Mark Crockett, resident of the City of Charlottesville, came forward to speak. Mr. Crockett said he has been working through a fellowship at the University of Virginia for the last year. His task has been to work with the school systems around the State in promoting the teaching of local and state government. He said he has found in general that social studies teachers are not aware of state and local government and, therefore, tend to teach very little of the subject. In carrying out his job of enhancing the teaching of state and local government, he has come in contact with a number of local government officials. He feels that most are caring and competent and work long hours on complex issues for little pay. However, he has found that often individuals do not "practice what they preach", and that is his concern about the proposed five percent raise for Board members. Having approved a 2.5 percent base pay raise for classified school (and general government) employ- ees who are at the lowest end of the pay scale, how can a five percent raise be justified for: the Board? Mr. Crockett said the dollar amount is not large, and the Board deserves the money. However, the issue is fairness--not money. He quoted Mr. Way as stating in the Daily Progress that, "... the Board's merit is determined through the polls .... " Mr. Crockett said in a survey a few years ago, voters were asked to name their Congressman and most could not. When asked if the Congressman was doing a good job, about 60 percent said he was. He also cited a recent election in the Chicago area where citizens elected a dead man to office. He said the Board must know that the majority of voters fail to participate in local elections. Inferring merit from the small turnout in local elections is a grievous error in Mr. Crockett's opin- ion. If and when the Board chooses to make a pay raise an election issue, then it can be Claimed that the voters approved the pay increase. To think of the Board giving itself a five percent raise on Wednesday morning when most taxpayers are at! work and cannot comment, defies reason. Mr. Crockett said that can easily !be perceived as a "back door" approach to government and one that denigrates the dignity of this Board. He said the Board deserves a pay raise, but this is not the way to accomplish it. He said the Board should refuse this raise because of the inconsistency and unfairness of voting a five percent raise fOr the Board while paying other County employees 2.5 percent, regardless of the rationalizations about a potential merit increase. Lastly, Mr. Crockett said at a time when the public is disenchanted with government in general and local government in particular, the combination of perceived unfairness, inconsistency and insensitivity, help to create a distrust of government that local government can ill-afford. He asked the Board to do the right thing and vote against this pay raise. Mr. Mark Baucom, custodian at Jack Jouett Middle School, said his opinion is that the Board should refuse the pay raise and take a 2.5 percent increase just the same as the~lowest paid classified employee. He said the Board should set the example to classified employees. Mr. Baucom said the figure budgeted for the merit increases'means that 40 percent of the County employees will get no more than the scale adjustment of 2.5 percent. Therefore, the Board should do the same until the salary survey is completed. .Mr. Baucom said if the Board is evaluated by the voters, then the Board's Salary should be placed on the ballot at election time and let the voters make the decision. Mr. Frank Morris, bus driver for Albemarle County Schools, said the 2.5 percent increase that County employees will receive, which will not pay for the increase in the insurance rates this year, is no incentive for him to come back to work for the County next year. It means he will be taking home less money in the coming year than he has this year. He said the County wants to have the best employees, and he feels they should be willing to pay for them. He has one of the shortest bus routes in Albemarle County, and it takes him 60 hours per month to work his route. Mr. Morris said his time is probably doubled when considering the time it takes to fuel the bus, wash the bus, and handle the discipline problems. He said he makes $5,900 a year, and 2.5 percent added to that is not much of an increase. For the Board and the Superintendent of Schools to feel that they deserve a five percent increase, is disgusting to Mr. Morris. He said his job may not be as important as the Board's in the eyes of some people. However, he has the lives of 60 children at stake for which he has to make split-second decisions. Therefore, he feels June 13, 1990 (Regular Day Meeting) (Page 10) 258 the County should want to have the best and should be willing to pay for it. Mr. Morris said he took less money home in his paycheck last year than the year before, and it will be the same again this year. He said he loves what he is doing, but he cannot afford to work for the County at the pay he is receiving. He cannot afford to sit back and watch others receive five percent while he receives 2.5 percent. He feels that the custodians, secretaries and bus drivers are as much a backbone of the County as any other position. He said it "stinks" that these employees are getting no more than 2.5 percent. Added to,that is the insult of the Board and Mr. 0verstreet getting five percent~ He said he asked how the merit increase will work and was told that the employees would get an answer in July. Mr. Morris said he has never heard of an employer not knowing about his own merit system. He concluded by saying that he has talked about this problem a lot this year, and feels that his talk has done little good. There were no other members of the public present to speak, and the public hearing was closed at this time. Mr. Way explained that the full context of his statement quoted today was that he felt that it would not be proper for the Board to receive more of an increase than the lowest paid employee in the County. Motion was immediately offered by Mr. Way and seconded by Mr. Bain to adopt an ordinance amending and reenacting Section 2-2.1 of the Code of Albemarle setting forth compensation of the Board of Supervisors but limiting the increase to 2.5 percent for a salary of $8,480.44. Mr. Perkins said that the Personnel Advisory Committee has been trying to address the inequities in the pay scale. One of the problems is the effect of an across-the-board increase. An employee making $6,000 getting a five percent raise compared to an employee making $60,000 and getting a five percent increase does not seem to be fair. He said this problem has to be addressed because employees making $6,000 per year have to shop at the same grocery stores as the employees making $60,000 per year. He said he does not know what the answer is, but he is willing to work to make the increases more equitable. Mr. Bowerman said he agrees with Mr. Perkins and is also a member of the Personnel Advisory Committee. He believes that this issue is a matter of credibility and the appearance of credibility. For that reason he definitely supports the motion. He feels that a 2.5 percent increase is appropriate for this Board and hopes that the Board has an opportunity next year to address the entire pay structure. Mrs. Humphris said she found Mr. Crockett's comment interesting that not much local and state government is being taught in the schools. She said she was invited recently to teach an advanced placement senior government class at Albemarle High School on Articles VIII and IX of the Virginia Constitution. She said those senior government students know a lot about Albemarle County amd local government. She said they asked penetrating questions and know a lot about what the Board of Supervisors does. 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. An Ordinance to Amend and Reenact CHAPTER 2, ADMINISTRATION Article I, of the Code of Albemarle BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 2, Article I, Section 2-2.1 of the Code of Albemarle, be amended and reenacted to read as follows: June 13, 1990 (Regular Day Meeting) (Page 11) 259 Sec. 2-2.1. Compensation of board of supervisors. The salary of the board of supervisors is hereby set as follows: Eight thousand four hundred eighty dollars and forty-four cents for each board member; provided, that in addition to his/her regular salary, the vice-chairman shall receive a stipend of twenty-five dollars for each and every meeting chaired; provided, further, that in addition t~ his/her regular salary, the chairman shall receive a stipend of one thousand eight hundred dollars. AND, FURTHER RESOLVED, that this ordinance shall be effective on and after July 1, 1990. Agenda Item No. 8. Appeal: Planning Commission's decision regarding CPA-90-03. This matter was brought to the Board by the following letter from Wendell W. Wood, dated May 23, 1990: "I hereby appeal the three-three vote of the above Comprehensive Plan Amendment by the Planning Commission. This application is a result of a request by the ACSA and the Airport Authority to provide public sewer to the Airport. The need for sewer is immediate and therefore the impetus for this request. The Airport Authority has approximately $100,000.00 allocated to sewer, and I am willing to bare the remainder of the cost of approximately $300,000.00. At the present time, considerable mutual benefits exist for the Airport, ACSA and myself; however, if the Airport is forced to install a septic system, the mutual benefits cease to exist. We respectfully request your favorable consideration of this request. Mr. Cilimberg gave the following staff report: "Request: This is a request for a resolution of intent to study a proposed amendment to the Comprehensive Plan. This proposal is to change the land use designation from Industrial Service to Regional Service (approximately 55 acres) and High Density Residential (approximately 70 acres). This property is located west of Route 29 and south of Airport Road in the Community of Hollymead. The applicant has indicated a willingness to extend sewer to the Airport through this property if this amendment request and subsequent rezoning is approved. The applicant has also indicated he will provide a connector road between Route 29 and Route 606 to serve this general area. Character of the Area: The area is primarily undeveloped and most of the area is located within the Airport Impact Area overlay district. Availability/Condition of Public Utilities and Facilities: Currently water and sewer service is not available to this area. Water service is located along Route 29. Sewer is to be extended along a drainage basin in the area of this request and on to the airport. This sewer project is scheduled in the Albemarle County Service Authority Capital Improvement Program. Access to this area would be from Route 29 and/or Airport Road and Route 606. An internal road or network of roads will be needed to serve the ultimate development of this portion of Hollymead. Consistency with the Comprehensive Plan: The Plan calls for this portion of Hollymead to be used for industrial service uses. The Plan June 13, 1990 (Regular Day Meeting) (Page 12) 260 specifically states the residential uses are not to be encouraged on the western side of Route 29 due in part to airport impacts. The Plan also recommends that commercial uses be consolidated in certain areas of Hollymead to avoid stripping of Route 29. While this request would minimize stripping of Route 29, this area was not intended for Regional Service activity. Instead, it was retained as a primary area of Industrial Service to meet the need for future basic employment generating uses in the County. SUMMARY AND RECOMMENDATIONS: Staff and the Planning Commission have recently entertained Comprehensive Plan Amendment requests in the Hollymead Community and have recommended that no action be taken at this time for several reasons. Staff is of the opinion that circum- stances are similar as regards this request and that there has been no change in circumstance to warrant any further review of Plan amend- ments for Hollymead at this time. The issues of concern are as follows: Status of Route 29 Bypass Analysis - One candidate alignment runs through the area of this request. Further changes in the Plan should not be reviewed until %he Draft Environmental Impact Statement (DEIS) has been released and proposed alignment is resolved. Completion of Public Facilities Plan, Open Space Plan and fiscal impact model for the County - The completion of these items will permit more comprehensive and objective review of the major Comprehensive Plan amendment requests in Hollymead." Mr. Cilimberg said the Plannin~ Commission failed to take affirmative action, so this request comes to the Board with two tied votes. Mr. Bowie said recent applications to expand the Hollymead growth area have been rejected, and rightfully so, in his opinion. However, this request constitutes a change rather than an expansion. He said during the Compre- hensive Plan review it was the feeling that there may be too much property included in an industrial designation. The basis for that feeling was that industrial development creates jobs and increases population, which is not cost effective for the County. However, the Board did not settle on a way to reduce the industrial designation. He feels there is a difference between the previous requests for expansion and this request. Mr. Cilimberg said there were two issues regarding the Hollymead growth area. The Board indicated a desire to have commercial areas consolidated rather than randomly spread along Route 29. He said staff evaluated commer- cial needs and found that the commercial designation is adequate in Hollymead. This request would not constitute strip development, but would add a signifi- cant amount of regional service acreage. Another issue discussed regarding Hollymead was a new residential area on the west side of Route 29. In review- ing the Comprehensive Plan, both the Planning Commission and the Board of Supervisors decided not to add any new areas of residential development west of Route 29 due to the proximity to the airport and the impact of airport operations. At this time, Mr. Wendell Wood, appellant, came forward to speak. He reviewed the history of this property and said he has accumulated approxi- mately 200 acres since 1973. The concept for development of this property is that a large property will have more flexibility and result in a better development than a smaller parcel can afford. He said the Airport Authority brought this proposal to light because of their need for public sewer for the expansion of the airport. In discussions with the Airport Authority regarding sewer, Mr. Wood proposed to build a sewer line at a cost to him of over $300,000. Mr. Wood said he has met with Mr. Roosevelt regarding a proposal to extend the road from the end of the airport runway straight over to Route 29, coming out nearly in front of Holly Memorial Gardens. He pointed out the benefits of this proposal on traffic going to Earlysville and for traffic that would be removed from Route 643. He said the residential portion of this proposal, which was not mentioned in the staff report, is for a mobile home park. He said he would be renting lots to people who own their own mobile June 13, 1990 (Regular Day Meeting) (Page 13) 261 homes. He would not have mobile homes for sale. He has a preliminary plan for about 300 mobile homes. He said the mobile homes are manufactured to meet the sound level requirements in the airport impact area. Mr. Wood said this request is not an addition to the Hollymead growth area, but is a change within the area. He said timing is what makes most projects work, and timing is appropriate at this point. There will be benefits to the County, the Airport Authority, and the community. Mr. Wood said he feels there are no negative impacts resulting from this proposal. He pointed out that Deerwood Subdivision is already experiencing problems with septic lines, for which the County will eventually need to intervene. He said the mobile home park meets the real need for low cost housing in Albemarle County. Mr. Wood said there are actually few places in the County which have public water and sewer available as required for a mobile home park and for which the land cost is not so exorbitant that a developer can afford to build a mobile home park. Mr. Wood said this property will become more desirable at some point in the future for development. If the County or the Airport has to pay for sewer through the property at that point, the land will probably be too valuable to build a mobile home park at all. The opportunity must be taken now while several parties are willing to contribute different things to make the deal work. Even though staff feels the timing is not right, from an economic point of view, the timing is now in Mr. Wood's opinion. He pointed out that today there is not much market for industrial land. Therefore, it would not be reasonable for him to build sewer lines without the ability to develop the land in such a way that would be profitable to him. He said the property currently has nine access rights to Route 29 because of the number of differ- ent parcels. He feels this would be a good time for the County to negotiate those access points for a planned development. He said he is in a position to give something that he may not be able to do in the future. He feels that this proposal represents many benefits to the community. Mrs. Bowerman asked how long Mr. Wood would envision the mobile home park remaining before redevelopment would take place. Mr. Wood said he would estimate a minimum of 10 years, and possibly 15 years. He said he would be willing to commit to that length of time because it would not be economically feasible to develop this property for any less time. He does not feel there will be a need for that amount of industrial land in the next 15 to 20 years. Mr. Bill Brent, Executive Director of the Albemarle County Service Authority, said the Service Authority has taken no position as to whether this proposal is a good amendment or not to the Comprehensive Plan. The Authori- ty's interest in getting public sewer in this area originated with a request from the airport for their expansion efforts. He said the future of the septic system in Deerwood is unknown, although there are some problems being experienced there. He said it is anticipated that in the not too distant future, the issue of providing public sewer will have to be dealt with there. Mrs. Humphris asked by what date the Airport Authority needs to make a decision on using drain fields. Mr. Agnor said it is by the end of the month of June. Mr. Bowie said the Board can uphold the Planning Commission's decision by taking no action or by a formal motion, the Board can pass a resolution of intent to study the amendment. Mr. Way asked Mr. St. John to explain the meaning of the resolution of intent to study a proposed amendment to the Comprehensive Plan. Mr. St. John said in the past this has generally been called a "resolution of intent to amend". He said the phrase has been questioned because it indicates that by adopting the resolution, the Board is leaning toward permanently amending. What the Board is actually doing is asking that the proposal be considered for amendment. Adoption of a "resolution of intent to amend" triggers a full staff report and Planning Commission review with a recommendation back to the Board of Supervisors for a final decision. Mrs. Humphris asked the location of the Airport Impact Area. Mr. Cilimberg pointed out the area on a map on the wall. Part of the proposed property lies within the impact zone. He said the impact zone is where the decibels of noise inside a structure must be at a minimum level by County Ordinance. Mr. Agnor said it requires a certain level of insulation for sound proofing in the homes in that area. June 13, 1990 (Regular Day Meeting) (Page 14) 262 Mr. Bain asked where the commercial and residential development will be located on the property. Mr. Cilimberg said his understanding is that the commercial area will be oriented to the intersection of the new road and Route 29. The residential area is to be behind the commercial area and centrally located within the overall tract. Mr. Bain asked the status of the Open Space Plan and the fiscal impact model. Mr. Cilimberg said the fiscal impact model will follow the completion of the Public Facilities Plan and the Open Space Plan. The Public FaCilities Plan is scheduled for final staff review next week with a report then being made to the Planning Commission. Final staff review of the Open Space Plan is scheduled for tomorrow. The draft will then be forwarded to the Planning Commission. Mr. Cilimberg said the goal is to get both of those to the Planning Commission in July. Mr. Bain said he has problems with studying one aspect of this growth area without studying the entire area. Mrs. Humphris said she is impressed with Mr. Wood's plan. However, there is a Route 29 North by-pass decision to make, a public facilities plan which is being drafted, a fiscal impact model which is incomplete, a traffic impact model which is not complete, and part of the property is in the Airport impact zone, all of which have an affect on this proposal. Mrs. Humphris feels that the benefits of this private development, including the possibility of a new road, the possibility of sewer lines, and the possibility of low-income housing, do not outweigh the missing reports when it comes to what is in the best interest of the public. She feels that any changes made in this area should be made as a part of a study of the entire Hollymead growth area. Mr. Bowie said an extensive study of the growth area was done in review- ing the Comprehensive Plan a year ago. The issue here is whether to study this proposal and get answers to some of these questions. He said he is not sure the whole Hollymead area has to be re-studied. Mrs. Humphris said she feels that staff's position is correct and that this question should not be studied outside of the appropriate timetable. Mr. Bain said he does not object to studying the proposal once the Public Facilities and Open Space Plans, etc. are in place. To study this proposal without those plans is premature and incomplete. He said he has no problem with the reduction in the industrial designation in Hollymead. He said if staff can have these reports ready by December, then he feels the Board could study the amendment at that time. Mrs. Humphris said she agrees with Mr. Bain. The Board's decision-making tools are incomplete, and she feels the Board should take advantage of using those tools. Mr. Bowerman asked how long a resolution of intent to study the question stays in effect. Mr. Cilimberg said the Board's policy gives the Planning Commission 90 days in which to return a recommendation after a resolution of intent is adopted. Mr. Bowie asked if staff would have any of these reports ready for the Planning Commission within 90 days. Mr. Cilimberg said the Open Space Plan will definitely be ready before the end of 90 days. Mr. Bowie asked what would happen if there is a resolution of intent adopted and the studies are not ready within that 90 day period. Mr. Cilimberg said that would depend on the Planning Commission. They might possibly feel comfortable with staff's analysis, whether or not they had finished their review of the Public Facilities Plan. Mr. Bowerman said a review of this proposal would look at the impact on the total industrial area designated in the Comprehensive Plan. He realizes thatthis area, though not zoned, is designated for industrial use. He is concerned that industrial development brings the attendant employment base and necessity for residential development and the growth demands that follow. This proposal in terms of residential and commercial designation, basically deals with a population already in place. He feels that there are enough benefits to this proposal for the Commission to study the issues in terms of the various impacts. He feels that the reports being prepared by staff and this study should "dovetail" together so that the Commission and the Board of Supervisors could be presented with a complete set of information. He said he June 13, 1990 (Regular Day Meeting) (Page 15) 263 does not have a problem adopting a resolution to study the area because he feels the benefits could outweigh the disadvantages. Mrs. Humphris asked for advice from staff on realistic timing for comple- tion of these reports. Mr. Cilimberg said he can realistically project that the Open Space and Public Facilities Plans will be ready for the Board within three months. Staff's intention is that a fiscal impact analysis follow the completion of these two reports as a fiscal evaluation of the Comprehensive Plan. He said that analysis would be performed by consultants, and he esti- mates roughly six months for completion. That would mean about nine months before all of these studies are completed. He said the traffic model will be available soon. It is a matter of becoming familiar with using the computer model. Mr. Bowerman said he still is not clear on how soon staff will be able to actually use the traffic model. Mr. Cilimberg said staff has the software and a staff person has attended a training session for the calibrated model which was used for the Route 29 North Draft Environmental Impact Statement. He cannot say exactly when the system will be operational because it is dependent upon the hiring and training of the transportation planner. Mr. Bain said he feels the actual fiscal impact analysis is the piece that is missing. He asked what timeframe envisioned for the study by the consultants. Mr. Agnor said the time can be set through the Request For Proposal (RFP). The RFP can be let by the time the Facilities and Open Space Plans are finished. He feels that 90 days in addition to the 90 days the Planning Commission has would be sufficient for the consultant's report. Mr. Way said he is willing to support a resolution of intent to study this amendment because there are so many benefits. Mrs. Humphris then offered a motion to adopt the following resolution of intent: BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to study the proposed Compre- hensive Plan Amendment, CPA-90-03, Wendell Wood - Hollymead, in coordination with the availability of the Public Facilities Plan, the Open Space Plan, the Traffic Model and the Fiscal Impact Model; and FURTHER requests the Albemarle County Planning Commission to hold public hearing on said intent to amend the Comprehensive Plan, and does request that the Planning Commission send its recommendation to this Board. Mr. Bain seconded the motion and said he would like to add a date to push things along. Mrs. Humphris asked what happens if she includes a date in her motion and staff finds that the date is impossible to meet. Mr. Agnor said staff would report that to the Board. Mrs. Hnmphris then added, "by the December 12, 1990, Board of Supervisors meeting" to her motion. Mr. Cilimberg asked if this resolution of intent is to study Hollymead growth area in general or just this particular area. Mrs. Humphris said her motion is related just to this proposal CPA-90-03. 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. 9a. Appropriation: Part'Time Deputy - Sheriff's Office. Mr. Agnor said that Sheriff Hawkins had requested during the FY 90-91 budget review, a part-time deputy to assist the General District Court bailiff in processing misdemeanor cases, plus funds for bullet proof vests. He said these two items were placed in the Board's contingency in the event the State Compensation Board did not provide funding. Recent notification from the State Compensation Board indicates that funding was denied. The Sheriff is, therefore, requesting an appropriation from the County of $12,560 for a June 13, 1990 (Regular Day Meeting) (Page 16) 264 part-time deputy and $1,680 for bullet proof vests. Mr. Agnor said that staff recommends approval of the request. Motion was offered by Mr. Bowerman and seconded by Mrs. Humphris to adopt the following resolution transferring and appropriating funds as requested. Mr. Bain said he would like a report later as to whether these vests are actually worn. Mr. Bowie said officers in the County's Police Department are provided with bullet proof vests but are not required to wear them. Sheriff Terry Hawkins said he would write such a requirement into a policy, and he would enforce the policy. Mr. Hawkins said he wore one as a police officer, and he would wear one again. Mr. Bain said he feels there are certain times when these vests should definitely be worn. Sheriff Hawkins said they should be worn all the time because in his personal experience, the two closest encounters he has had were at unexpected times and places. He feels that the vest should be a part of the officer's uniform. He said they can be worn comfortably under a summer uniform. 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. FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: 1990/91 GENERAL ADDITIONAL FUNDING FOR SHERIFF'S DEPARTMENT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100031020110000 1100031020210000 1100031020221000 1100031020231000 1100031020232000 1100031020241000 1100031020312500 1100031020370000 1100031020580100 1100031020601000 1100031020601100 1100095000999990 SALARIES $9,000.00 FICA 690.00 VSRS 1,035.00 HEALTH 450.00 DENTAL 30.00 LIFE 90.00 INSTRUCTION 100.00 LAUNDRY & DRY CLEANING 250.00 DUES &MEMBERSHIPS 15.00 POLICE SUPPLIES 2,130.00 UNIFORMS & APPAREL 450.00 CONTINGENCY-BUDGET ADJUSTMENTS (14~240.00) TOTAL $0.00 Agenda Item No. 9b. Appropriation: Gypsy Moth Program. Mr. Agnor said the United States Department of Agriculture and the U.S. Forestry Service, through their State agencies, have allocated $15,200 for a study in Albemarle and Rockbridge Counties on the potential impact of the pesticide, Bacillus thuringiensis, which is used in the control of the gypsy moth. He said the money will be used for purchasing equipment, materials, and personnel to conduct the study at several selected sites in the County. The County is to be fully reimbursed for all expenditures on a quarterly basis. The study will be conducted over the next six months ending December 31, 1990, and will be under the direction of Mr. Taylor Williams, the County's Gypsy Moth Coordinator. Study sites are located on Appleberry Mountain in southern Albemarle County. Ail landowners have been contacted and have granted permis- sion to conduct the study. Mr. Agnor said staff recommends approval of the appropriation request. Motion was immediately offered by Mr. Way and seconded by Mrs. Humphris to adopt the following appropriation resolution. There was no further discus- sion of this item. 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. June 13, 1990 (Regular Day Meeting) (Page 17) FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: EXPENDITURE COST CENTER/CATEGORY 265 1989/90 GYPSY MOTH FOREST SERVICE GRANT TO ASSESS EFFECTS OF GYPSY MOTH ON NON-TARGET INSECTS DESCRIPTION AMOUNT 1123034010110000 1123034010210000 1123034010550100 1123034010601400 1123034010601400 WAGES $9,475.00 FICA 725.00 TRAVEL 1,000.00 EQUIPMENT 3,000.00 SUPPLIES 1~000.00 TOTAL $15,200.00 Agenda Item No. 9c. Transfer of funds to correct potential over-expendi- tures for FY 1989-90. Mr. Agnor said there are seven functions of General Government which will have overexpenditures as of June 30, 1990, while 33 functions will have unexpended balances. Staff recommends that the seven potential overexpendi- tures be corrected by transfer of funds. Mr. Agnor gave the following cate- gories and explanations for overexpenditures: Commonwealth's Attorney Travel of Witnesses This was underbudgeted based on prior year's usage. $ 6,000 Police Department - Reimbursable Overtime This is paid through additional revenues being collected. 25,000 Sheriff Machinery and Equipment Funded in 88-89, purchased in 89-90, appropriation not carried forward in error. 4,000 District Home - Payments Reduction in State and Federal funding combined with increased usage by Albemarle County. 26,000 Piedmont Virginia Community College Compensation Increased attendance of new board members at meetings. 450 Visitors Bureau - County Share Due to the revised agreement approved in June, 1989, (after adoption of the current budget) the County's total participation became $67,179, a difference of $30,796 over the original amount budgeted. 30,796 Public Assistance Payments Foster Care Due to increased usage of Foster Care. (Note: This will be a transfer of funds from Virginia Public Assistance administration. The increased amount will be reimbursed by the State of Virginia.) 16,000 TOTAL $108,246 Mr. Bowerman asked how there is a savings of $8,642 in the Board of Supervisors' budget and in the Inspections Department as shown on the appro- priation request. Mr. Agnor said the $8,642 was in a contingency account for the Visitor's Bureau contract, and was carried in the Board's budget. This money actually represents a transfer of funds, rather than a savings. For the Inspections Department, the savings of $15,000 in salaries came about as a result of attrition and replacement of employees at lower salaries. That holds true also for the Finance Department and the Planning Department. Motion was offered by Mr. Bain and seconded by Mr. Perkins to adopt the following resolution transferring appropriating funds as requested. 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. June 13, 1990 (Regular Day Meeting) (Page 18) FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: 1989/90 GENERAL BUDGET ADJUSTMENTS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 266 AMOUNT 1100022010332100 1100022010550502 1100022010800100 1100031010120000 1100031020800100 1100053020570800 1100059000563000 1100069001110000 1100079000568900 1100011010999993 1100012140110000 1100012200110000 1100021010580900 1100021060110000 1100034000110000 1100043000110000 1100053010110000 1100081010110000 COMM ATT-MAINT. CONTRACT-EQUIP COMM ATT-TRAVEL-WITNESSES COMM ATT-MACHINERY & EQUIP POLICE-OVERTIME SHERIFF-MACHINERY & EQUIP PUBLIC ASSISTANCE-FOSTER CARE DISTRICT HOME PIEDMONT VA COMM COLLEGE VISITOR'S BUREAU BOARD OF SUPERVISORS FINANCE INFORMATION SERVICES CIRCUIT COURT CLERK OF CIRCUIT COURT INSPECTIONS STAFF SERVICES VPA-ADMINISTRATION PLANNING TOTAL $3,300.00 2,000.00 700.00 25,000.00 4,000.00 16,000.00 26,000.00 450.00 30,796.00 (8,642.00) (17,000.00) (17,000.00) (5,000.00) (10,000.00) (15,000.00) (10,000.00) (16,800.00) (8,804.00) $o.oo Agenda Item No. 10. Report: Jefferson Fire and Rescue Association Requests. Mr. Agnor said, as requested at the April 11 Board meeting, staff re- viewed specific requests and issues contained in the report from the Jefferson Country Fire and Rescue Association. A request for additional funding for the rescue squads and a request for inclusion of the rescue squads and auxiliaries in the County's accident insurance policy have already been acted upon and are included in the FY90-91 budget. The Western Albemarle and Scottsville Rescue Squads each received an additional $11,200, which makes the 90-91 funding of the rescue squads equal to that of the volunteer fire companies ($42,000). This amount and the $4420 for the additional insurance were funded out of the JCFRA contingency fund, leaving a current balance in that fund of $73,180. In response to the remaining JCFRA requests, Mr. Agnor said staff recom- mends the following: Approve the Fire and Rescue Volunteer Coordinator position to be funded from the JCFRA contingency fund ($35,000). Approve the TJEMS Basic Life Support Coordinator to be funded from the JCRFA contingency fund ($5,510). Approve free park passes to active fire and rescue personnel and their families ($1,250 cost in reduced revenues). Continue the issuance of free vehicle decals for fire and rescue person- nel ($6,150 cost in reduced revenues). Approve personal property tax relief by setting a zero tax rate on the first $4500 of assessed value on vehicles directly used in the perfor- mance of fire and rescue activities ($33,260 cost in reduced revenues). Continue to provide aerial service under the current fire contract with the City, while directing staff, JCFRA and the new Fire/Rescue Services Coordinator to undertake an in-depth look at purchasing, housing and manning an aerial unit in the County. Recommend that staff continue their review of other items in the JCFRA report, including a life and accident insurance program, Workmen's Compensation for volunteers, retirement benefits, a volunteer recognition program, and the supplementation of volunteers with paid part-time staff. June 13, 1990 (Regular Day Meeting) (Page 19) 267 Mr. Agnor summarized the following staff analysis regarding these recom- mendations: "FIRE/RESCUE SERVICES COORDINATOR Based upon a job description, developed cooperatively by JCFRA and the County's Personnel Department, and a comparison of similar positions in other jurisdictions, a salary range of 21 ($24,094 - $34,044) has been assigned to this position. Total projected expenses for this position are: Salary $25,315 Fringes 5,865 Office Expenses 2,020 Furniture and Fixtures 1~800 Total $35,000 As you know, this position was funded in the FY 89-90 budget and placed on hold until JCFRA completed their report. Both JCFRA and Dr. Perkins recommended this position to enhance volunteerism as well as training, fund raising, and the coordination of future benefit pro- grams for volunteers. Staff recommends that this $35,000 position be funded out of the JCFRA Contingency fund, leaving a balance of $38,180, TJEMS BASIC LIFE SUPPORT COORDINATOR JCFRA requested that the County support the FY 90-91 budget request from Thomas Jefferson Emergency Medical Services (TJEMS) for $5510 to fund the County's share of a Basic Life Support Coordinator. This regional position would provide continuing education and skill en- hancement for rescue squad personnel and would, hopefully, alleviate the 'lack of support' cited by the rescue squad personnel as the primary reason for the high volunteer attrition rate. The Program Review Committee also recommended funding this position, if it was the recommendation of the JCFRA. As this position has the strong support of the JCFRA, staff recommends funding this position from the JCFRA Contingency fund, leaving a balance of $32,670. FREE COUNTY PARK PASSES FOR VOLUNTEERS AND THEIR FAMILIES As a volunteer incentive, JCFRA requested that all fire and rescue volunteers and their families receive free admission to County parks. Based on 1988 park attendance of 57,462, an average family size of 2.38, yearly per capita attendance of 0.91 and daily entry charges of $2.00 for adults and $1.00 for children, yearly passes to the individ- ual volunteers would cost approximately $600. Family passes would cost an additional $650 for a total cost of $1250. This would be a 1 percent reduction in revenues based on total FY 88 park fees of $126,000. In addition to being a positive way of saying 'thank-you' to the families that have given so freely for volunteerism, the County would benefit from having trained medical (rescue and fire) personnel on site in case of an emergency situation. Five of the seven volunteer fire companies have 'first responder' teams with medical training, thus providing on-site skills that could make a significant difference in a critical situation. Due to the minimal cost of the free passes and the added benefit of having on-site trained personnel, staff recommends that free season passes be issued to all active fire and rescue volunteers. FREE COUNTY VEHICLE DECALS JCFRA requested that the current policy of free vehicle decals for fire and rescue volunteers be continued. In 1990, there were 295 free vehicle decals issued for the three rescue squads.and seven volunteer companies. Projecting that 50 of the vehicles will require a $25 fee ($1250) and the remaining 245 vehicles will require a $20 fee ($4900), June 13, 1990 (Regular Day Meeting) (Page 20) 268 the total cost to the County would be $6150. This represents one-half percent loss in the total projected vehicle license revenues of $1,160,000 for FY 90-91. Staff recommends that the County continue the issuance of free county decals to all authorized fire and rescue squad personnel. PERSONAL PROPERTY TAX RELIEF FOR ACTIVE VOLUNTEERS Based on Virginia Code Section 58.1-3506 subsection A.13 enacted by the 1989 General Assembly, a locality has the option of providing tax relief for a motor vehicle used in the performance of volunteer fire and rescue service. The Code allows a separate personal property classification that provides a different tax and assessment rate for volunteer vehicles. It also requires the fire chief or head of the rescue organization to submit a certified list of all volunteers requesting tax relief to the assessing officer. The list shall contain only those volunteers who regularly respond to calls or regularly perform other duties for the volunteer organization. The motor vehicle granted the separate classification must be identified as regularly used for volunteer purposes. FY 90 County records of free fire and rescue vehicle decals show 295 vehicles with a total assessment of $1,244,315 and tax revenues of $54,749. The following is a distribution of the 1990 assessment: Assessment Number of vehicles Less than $2,500 From $2,500 to $5,000 From $5,000 to $7,500 From $7,500 to $10,000 From $10,000 to $12,500 From $12,500 to $15,000 Over $15,000 Total 107 83 56 31 15 2 1 295 Average assessment per vehicle $4218 Average tax per vehicle $ 185 Staff recommends that the first $4500 of assessed value have a zero tax rate for certified volunteer fire and rescue vehicles. This would exempt 190 or 65 percent of the 295 vehicles with the remaining 105 vehicles paying $21,489 or an average of $205 each. The total revenue loss would be $33,260, reflecting a one-half percent reduction in 90-91 projected vehicle revenues of $7.0 million. AERIAL FIRE SERVICE The JCFRA report and Dr. Perkins' report identified the need for aerial service or 'truck company service' for Albemarle County. One way JCFRA recommends providing this service is by contracting for expanded service with the City Fire Department. Although the current City fire contract does include aerial service to the County on a request basis, JCFRA feels that under the present contract there is no guarantee of a quick response or an adequately manned vehicle. Aerial equipment is needed to fight fires in buildings with large roof areas or to fight a fire from above the building. Citing more specif- ic criteria, the Insurance Service Office (ISO) states that a need for aerial equipment exists when a response area has five or more large buildings three stories or 35 feet high, or where there is a need for 3500 gpm water flow, or a combination of these factors. These crite- ria apply even when sprinkler systems are present. Accepting these criteria, the need for aerial equipment in Albemarle County is justified by the presence of 22 schOols, plus a number of hotels, motels and apartment and retirement complexes in the County. If one applies the same dispatching criteria used by the City of Charlottesville to the County, there would have been 160 County calls in 1989 where aerial apparatus would have been the appropriate June 13, 1990 (Regular Day Meeting) (Page 21) response. The City has sent its aerial equipment to the County on several occasions, the most recent one being the fire at Albemarle High School. Staff found that comparably-sized counties such as Augusta, Hanover, Roanoke, Loudoun and York all have some form of aerial service, most having purchased their aerial equipment during the seventies. To operate the aerial units, Roanoke and Augusta counties use a combina- tion of paid and volunteer firefighters, utilizing paid staff during the daytime hours and volunteers on nights, weekends and holidays. Other counties rely entirely on volunteers to man their aerial units. Based on the ISO criteria and information from other jurisdictions, it is obvious that Albemarle County must look seriously at the need for expanded aerial service. The City has offered to provide an addition- al aerial unit for $262,§15 per year, $238,140 of this amount being the cost of seven positions and $24,500 being operations. Only $4000 of the operational cost is for the use of the aerial equipment. The City Chief has stated that an additional aerial ladder company would free up other manpower to conduct inspections in the urban area of the County without diminishing emergency responses in the County or City. The other option is to lease or purchase the equipment for approxi- mately $400,000 to be housed in the urban area and manned by County volunteers or by ~ combination of paid firefighters for daytime hours and volunteers for evening, weekend and holiday duty. In comparing the long term cost of these two options, the County could buy the equipment outright using slightly over one-half of what a three-year contract would cost with the City at $262,615 per year. This assumes the use of volunteers, not paid staff, to operate the equipment. Although the need for aerial service in the County has been clearly identified, it is not clear that aerial support provided under the current City contract is deficient enough to warrant a second stand-by aerial unit at the Ridge Street location. If additional aerial support is needed, it seems to make sense to have a unit located at a different location in the urban area either manned by volunteers or, if necessary, by a combination of volunteers and paid staff. It is also staff's understanding that a retired aerial unitfrom the City is now being housed at the Crozet station, whose use might be incorporat- ed into future plans for aerial service in the County. Therefore, staff recommends that the County continue under the current City contract, which provides aerial service to the County upon request, while directing staff in conjunction with JCFRA and the new Fire/Rescue Services Coordinator to take a more in-depth look at purchasing an aerial unit for the County. This analysis should begin the planning process for the housing and manning of the equipment, as well as the development of mutual aid agreements with the City and the preparation of bid specifications for the equipment. If recommended for purchase, the appropriation of funds should be part of the normal funding cycle of the Capital Improvement Program budget. As an alternative funding mechanism, not exclusively for this particu- lar piece of equipment, but as part of enhanced fire protection throughout the County, the Board may want to consider implementing a fire service levy for the FY 91-92 budget." 269 Mr. Agnor said staff is recommending every item of the JCFRA request with the exception of the aerial equipment. Mrs. Humphris asked if ihe fire service levy is for a specific district which would need and use the aerial service. Mr. Agnor said State Code refers to fire district levies which can be made by a specific district within a locality. His understanding is that a fire-service levy in Albemarle County should probably be County-wide because of the widespread use of the equipment. Specific buildings needing this equipment would probably be schools. He noted that aerial service is not limited to the urban area necessarily. June 13, 1990 (Regular Day Meeting) (Page 22) 2~0 Mr. Bowie said he would like to have the discussion on aerial fire service presented separately but prior to the next budget discussions. Mr. John Hood, representing the Jefferson Country Fire and Rescue Associ- ation, urged the Board to consider separating the aerial service issue from the rest of the staff report. He feels there is a misunderstanding as to what aerial service Albemarle County currently gets. He said if the County had adequate aerial service, this would not be an issue for discussion. He said currently the aerial service is late in arriving and only if it is not being used in the City. He said the County is about 20 years behind the times according to the staff report. If the County does not make some changes in the near future regarding aerial service, more money will be lost through insurance premiums on school buildings. He said that JCFRA needs more time to find a place to house the aerial equipment and to find a way to operate it with volunteers. However, it takes at least three months to get the specifi- cations for the equipment and agree on the appropriate equipment for this County. It will take another 12 months to obtain the equipment once the purchase is authorized. That does not take into account locating or building a garage or organizing the manpower to run the equipment. He said it will take about three years to be able to operate this equipment independently. He feels it is a mistake to wait any longer to make a decision in light of the length of time it will take to get this equipment operational. He urged the Board to consider some way to finance the aerial equipment as a separate issue. He suggested that it be considered as a capital improvement item. Mr. Bowie said staff's recommendation is that five items be funded and that the aerial ser¥~ce be studied, which would include finding a way to fund it. Mr. Perkins said he has reservations about the position of Volunteer Coordinator, although such a person may be needed. He questions whether a person qualified for this position even exists. He said he has the same reservations about the Basic Life Support Coordinator. Mr. Agnor said there is a job description prepared and ready for advertisement. Until that is done there is really no way of knowing for certain that the position can be filled, although there have been some inquiries from persons interested in applying. Mr. Perkins asked what the responsibilities are for the Basic Life Support Coordinator position and who else is involved in funding this posi- tion. Mrs. Brenda Barbour, from the Thomas Jefferson Emergency Medical Services Council, said the appropriation request for Albemarle County is based on the percentage of EMS personnel in the County. Funding has been requested from all of the counties in the Planning District based on their EMS person- nel. This Coordinator would be involved in continuing education training, refresher training, and follow-up reviews on patients who have received care from Basic Life Supporters personnel. Currently, the basic providers--first responders in the fire departments and EMT's in the Rescue Squads, are floun- dering on their own. They do not have a continuing education program or any feedback on the care that was given, whether it was right or wrong. Because of this lack of support, many of the EMS volunteers leave. She said the goal through this position is to be able to retain volunteers as well as recruit more volunteers in the rescue service. She pointed out that the advanced life support providers have such support through the University of Virginia Hospi- tal, which has two paid nurses who do nothing but work with advanced life support personnel. Mrs. Humphris asked about the job description for the Volunteer Coordi- nator. Mr. Way said his understanding is that this person will work full time in recruiting additional volunteers, but will also develop initiatives for rDtaining those volunteers. Mr. Way said he assumes that staff will be looking at the possibility of funding the aerial equipment through the CIP. Mr. Agnor said that is correct and the CIP cycle begins soon to be completed in October. Mr. Way said hopefully a commitment for purchase of this equipment can be begun then so that JCFRA can begin planning for housing, etc. Mr. Bain asked if the vehicles to receive decals are designated by the fire and rescue personnel and if a record is kept of those vehicles. Mr. Agnor said that is correct. A list is submitted to the Finance Office 271 June 13, 1990 (Regular Day Meeting) (Page 23) annually and that list is used to provide a credit on the assessment program. Mr. Bain said the report indicates that the vehicle to receive a decal is the one that is directly used in fire and rescue activities. Mr. Agnor said the State Code requirement for a special assessment is that the vehicle be used for responding in an emergency call. Motion was then offered by Mrs. Humphris and seconded by Mr. Bowerman to approve the first five recommendations of staff set out in the report above and to adopt a resolution trasferring and appropriation funds as set out below. 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. FISCAL YEAR: FUND: PURPOSE OF APPROPRIATION: 90/91 GENERAL TRANSFER OF FUNDS TO THOMAS JEFFERSON EMERGENCY MEDICAL SERVICES. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100039000568400 1100032020561490 THOMAS JEFFERSON EMS JCFRA CONTINGENCY TOTAL $5,510.00 (5~510.00) $0.00 Agenda Item No. 14. Discussion: Proposed Increase in JAUNT fares. Mr. Bowie said this item was on the Board's agenda for information last week, and the Board asked that it be placed on today's agenda for a report from staff. Mr. Robert W. Tucker, Jr., Deputy County Executive, handed out a report to Board members. He said that during the budget hearings, the discussion regarding JAUNT focused mainly on the urban area rates and whether additional subsidy would be provided for the urban fares. Mr. Tucker pointed out on a map on the wall the various zones of service within the County. He said that Zone A is the urban zone, and the Board funded additional subsidy for this area to allow the fare to remain at $1.50. Outside of the urban area is Rural Zones B, C and D. Mr. Tucker said the premise during budget discussions was that a possible fare increase would have to be made in the near future for these areas. He said the JAUNT Board held a hearing on May 30, 1990, regard- ing rate increases and deferred action until June 20 after the Board's discus- sion today. The fare increase actually deals with the B and C rural routes only. The current fare is $1.50 in Zone B. The proposal is for an increase of $1.00 to $2.50. Zone C would go from $3.00 to $4.00, and Zone D would remain the same. Regular riders are riders who pay the full amount and are not handicapped or elderly. These riders pay a much higher fare. The fare for Zone B is $4.00, for Zone C it is $8.00, and for Zone D it is $12.50. No increase is proposed for the regular riders because they make up a very small percentage of the ridership. Mr. Tucker said fares have not been increased in these zones since they were created in 1986. The operating costs have risen by 67 percent during that time period. If the fares remain unchanged, there will be a deficit in the current fiscal year of approximately $5,000. If the fares are not increased for next year, the subsidy needed to fund JAUNT is projected to be approximately $22,000. Mr. Way said that 99 percent of the ridership is elderly or handicapped. Mr. Bain said he understands the increase in costs and the need for increased fares, but he has a problem making that decision because these are elderly and handicapped people and many live on fixed incomes. He asked to which zone the rural demand response refers. Mr. Tucker said the Scottsville and Esmont routes are specific routes, whereas demand response is when a citizen calls 3AUNT and asks to be picked up anywhere within Zones B, C or D. That is known as door-to-door service. Mr. Bain said he would like to know the frequency of use by the elderly and handicapped in demand response calls. He said this increase will have a big impact on these users. Mr. Way said most of the riders use JAUNT services to get to the doctor or to get to work. He said the JAUNT Board would be happy to consider leaving June 13, 1990 (Regular Day Meeting) (Page 24) 272 the rates the same if Albemarle County would be willing to continue the subsidy. However, the JAUNT Board has no choice but to take this action if no subsidy is available. Mr. Bain asked what County staff recommends. Mr. Tucker said the recom- mendation during the budget cycle was to consider the increase. He said there is some confusion about this issue because when the public hearing was held on the County's budget, the discussion focused on the urban area. He said the urban rates were increased because there was such an increase in usage. More recently, the rural ridership has increased as well. Mr. Bain said no request from JAUNT is actually before the Board. Mr. Bowie said there are two iteans to be considered. There may be no choice but to fund the deficit for this fiscal year. However, he feels that since the County is already contributing to JAUNT, there should be some option other than that Albemarle County commit to subsidizing all of the increased costs, or else the elderly and handicapped riders will have to pay more. He personally feels that as the operating costs go up, some of it has to be absorbed by the agency. Mr. Agnor pointed out that JAUNT is on the federal fiscal schedule which ends in September. Mrs. Linda Wilson, Executive Director of JAUNT, said in the rural parts of the County, there is an average of 35 trips per day for demand response service. This does not include the fixed route which comes from Scottsville into Charlottesville every day. These 35 trips are for door-to-door service. She said that last year for the same time period, there were an average of 20 trips per day. She said more people are qualifying for the lower rates offered to the elderly and disabled. She said each rider increases the cost to provide services by $4000 per year. She said JAUNT has no way of control- ling new people qualifying, because JAUNT is a public transportation system. She said the only solution is to raise the fares or cut back on the hours of service. Mr. Bowerman said he has no problem at all with increasing the rates for the current year, and possibly for next year, if a determination is first made as to what percentage of subsidy JAUNT should receive as a policy from the County. He said the increase should be based on the relationship between the cost to provide the service, what the user provides, and what the County is willing to subsidize. Mr. Tucker said the operating cost per hour in 1985 was $13.28. For 1991, the operating cost per hour is projected to be $16.36. Mrs. Wilson said the cost per trip in the rural areas is about $8.30. The average of all fares charged is about $3.00. That means that about $5.00 per trip is being subsi- dized. Mr. Bowerman said if that is a ratio which the Board feels comfortable with, then that should be the on-going policy. Mr. Bowie agreed that the Board should have a policy to deal with this issue because it keeps coming up. He said it is possible that the operating costs could be lowered with more efficient administration. Mr. Bain said there is time to consider this. further since JAUNT is on the federal fiscal year without having to raise the rates on June 20. Mrs. Wilson said the estimated $4500 deficit is for the year ending July 1, 1990. She said the $22,000 amount is for the next fiscal year if the increase of riders continues at approximately 30 percent every month. Mr. Bowie asked if the Board is being asked to make a decision today. Mr. Tucker said staff would like guidance from the Board as to whether they feel the fares should be raised or not. The JAUNT Board intends to make that decision on June 20 and would like to have this Board's input. If this Board would prefer that the JAUNT Board defer action, staff would like to know that as well. Mr. Bain said he prefers a deferral by the JAUNT Board. Mr. Bowie added that he feels that a funding proposition, other than the County funding everything or the handicapped and elderly paying for everything, should be presented to this Board. He said a factor to consider is exactly how many people are involved and where they are located in the County. Mr. Bowie said he has a hard time believing that every time a rider is added on the bus, JAUNT loses money. Mr. Way pointed out that JAUNT is a regional agency, and whatever decision this Board makes, it has an impact on the other counties. Iune 13, 1990 (Regular Day Meeting) (Page 25) 273 He said it is difficult to set certain rates for Albemarle County without affecting other users. Mr. Tucker said the policy of the JAUNT Board has been to try to keep fares at a level rate, regardless of the changes in ridership, so that the users can budget for themselves. However, it has been over four years since any increase has been made, while the ridership is increasing significantly. The JAUNT Board is aware of the problems of riders having fixed incomes, but is trying to address the problem of increased costs. Mr. Bain asked if a motion is necessary to sUbsidize the deficit for this fiscal year. Mr. Tucker said he would prefer to wait until the JAUNT Board's finance committee has time to work on those figures further. Mr. Bowerman said he would like to see this Board deal with this matter before the 3AUNT Board raises its rates. There was no further discussion of this matter. Agenda Item No. 16. Executive Session: Personnel. At 12:35 P.M., Mr. Bowie said it is necessary to have an Executive Session during lunch for the purpose of discussing specific personnel for appointments. Motion was offered by Mr. Bain and seconded by Mr. Bowerman to adjourn into Executive Session for the purpose of discussing specific personnel for appointments in accordance with 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. NAYS: None. Agenda Item No. 17. Certify Executive Session. At 2:43 P.M., the Board reconvened into open session. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to certify the executive session as set out below. CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. June 13, 1990 (Regular Day Meeting) (Page 26) 274 Agenda Item No. 11. Authorize Chairman to sign new Service Agreement with the Crozet Volunteer Fire Company. Mr. Agnor said a Service Agreement between the County of Albemarle and _ the Crozet Volunteer Fire Company is submitted for Board approval. This agreement provides $167,000 from the Fire Advance Allocation Pool for the purchase of a fire truck to replace a 1973 model. Crozet has an existing 1986 loan with an unpaid balance of $68,700 on a fire truck, and another 1985 loan on the fire station with an outstanding balance of $75,000. The total out- standing advance will be $310,700 as of July, 1990, to be reimbursed by July, 1997. Mr. Agnor said the advance has been approved by the Jefferson Country Fire and Rescue Association and the Director of Finance has confirmed the availability of funds. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to authorize the Chairman to sign a new Service Agreement with the Crozet Volunteer Fire Company. 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. (The agreement in full is set out below:) THIS SERVICE AGREEMENT made this llth day of May, 1990, by and between THE COUNTY OF ALBEMARLE, VIRGINIA (the "County"), and THE CROZET VOLUNTEER FIRE COMPANY, INC. ("Crozet"); WITNESSETH : Background: The County, by agreement dated June 11, 1986, gave Crozet $120,000 for a new pumper, which amount of $68,700 is still owed. The County, by agreement dated February 22, 1985, gave Crozet $150,000 for the construction of a new fire station, of which amount $75,000 is still owed the County. Crozet needs an additional $167,000 for a new pumper. The parties desire to consolidate all prior ad- vancements at this time. Now, therefore, for and in consideration of the premises and the operation by Crozet of a volunteer fire company which will fight fires and protect property and human life from loss or damage by fire during the period of this agreement and the purchase by Crozet of a new pumper for use during the period of this agreement, the County shall advance to Crozet the sum of $167,000, which shall be paid in July, 1990, from the County's fire fund. Therefore, beginning July, 1990 through July, 1997, amounts will be withheld from the County's annual contribution to Crozet as set forth in Schedule A attached hereto. If at any time Crozet is no longer in the business of providing fire fighting services, or the property upon which Crozet's fire station is located, as described in Schedule B attached hereto, is no longer used for the purpose of housing the volunteer fire company, Crozet covenants that it will convey all its fire fighting equipment of whatever nature and its interest in the real property, described in Schedule B, including all appurtenances thereto and improvements thereon, at no cost to the County so long as the County, or its assigns will use these properties for fire fighting purposes. Agenda Item No. 12. RePort from Bench Committee re: Court Square properties. Mr. Agnor presented the following Court Square Bench Committee Report prepared by Pat Mullaney, Director of the Parks and Recreation: June 13, 1990 (Regular Day Meeting) (Page 27) 275 "In October of 1989, the Board of Supervisors appointed a Bench Committee for the purpose of developing a plan for the grounds around the building at Court Square. Committee members appointed were: Wayne Cilimberg, Patricia Cooke, Pat Mullaney, Lewis Martin and a designee from the Planning Department. Mr. Cilimberg picked Jan Sprinkle to be that designee. At its initial meeting, the committee recognized that due to the historical significance of Court Square, a true master plan would require professional expertise. Therefore, the committee concentrated its efforts on the more pressing concern of how to deal with future outdoor memorial requests. The Bench Committee has the following recommendation regarding outdoor memorials: That additional benches for the Court House be the six foot Classic English Garden Bench of teak wood. This would match the recent bench donated in memory of Venable Minor and the one donated earlier commemorating T. Munford Boyd. o That the County could accept up to two more bench donations. One should be placed in the present site of the donated arched back bench, which should be relocated to the Park Street side of the Courthouse. The second would be located directly across the brick paving from the current locations of the arched backed bench. If these donations are received, the two more contemporary benches should be removed. The end result would be that all benches in front of the Courthouse would be the same and somewhat symmetrically located. The total seating capacity would be the same as now which seems to be sufficient. Any future donation requests should be endorsed by the Bar Association and the Historical Society before coming to the Board of Supervisors. Additional recommendations of the Committee include: That the existing kiosk should be professionally redesigned and replaced. Funding for this could come from donations, grant or County funds.* o Grant funding* and/or donations should be sought for a profes- sionally designed Master Plan of Court Square. In doing this, the opportunity for City cooperation in the inclusion of Jackson Park should be investigated. A consistent style of trash receptacles should be used at Court Square. Of the two types currently in use, the wooden style is preferred over the rubbermaid type. In the absence of a professionally prepared Master Plan, no addi- tional outdoor memorials should be accepted or major alterations of the grounds should be allowed. The Parks and Recreation Department should continue with routine maintenance of the exist- ing grounds including judicious tree pruning when necessary for the overall protection of the facilities, grounds and users of Court Square. *Possible funding sources: Appropriation Act Grants made by the General Assembly. Charlottesville-Albemarle Community Foundation. Albemarle County Historical Society. The Committee would like to acknowledge the assistance and input from the Bar Association and the Albemarle County Historical Society on this project." June 13, 1990 (Regular Day Meeting) (Page 28) 276 Mr. Agnor noted a letter from Judge Paul M. Peatross, Jr., Sixteenth Judicial Circuit Court, commending the effort being made to recognize the ~ical significance of Court Square and in the development of a master plan. Mr. Bowie thought the report was excellent. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to accept the recommendations of the Bench Committee as outlined in the above report. Mr. Bain asked if the Charlottesville/Albemarle Community Foundation and the Charlottesville/Albemarle Foundation are one in the same. Mr. Agnor said he is not sure. Mr. Bain suggested that if they are separate organizations, that the Charlottesville/Albemarle Foundation be added to the list for possi- ble funding sources. 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. Mr. Bowie said if there is no objection from Board members, he will write a letter to the Bench Committee thanking the committee for its work. There were no objections. Agenda Item No. 13. Adopt Resolution declaring Albemarle County a Crop Disaster Area. Mr. Agnor said at the request of several fruit growers, the Albemarle Food and Agriculture Committee conducted a survey to determine the impact of the frosts in late March, April and May. The committee recommends that the Board of Supervisors consider asking Governor Wilder to declare the County a crop disaster county. This action would enable fruit growers to apply for government assistance for crop losses. The estimated loss is $3.18 million. Mr. Agnor said staff concurs with the request. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to adopt the following resolution asking the Governor to declare Albemarle County a crop disaster county. 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. WHEREAS, Albemarle County this year experienced warm weather in late winter followed by hard frosts and freezing weather; and WHEREAS, this weather pattern significantly impacted the produc- tion of fruit in the County; and WHEREAS, the Albemarle Food and Agriculture Committee comprised of representatives of the Soil Conservation Service, the Virginia Division of Forestry, the Farmers Home Administration, the Agricul- tural Stabilization and Conservation Service, and the Virginia Coope- rative Extension Service, have surveyed the fruit crop damage in the County and reported an estimated potential loss of annual income of $3.18 million, representing losses up to 88 percent; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia, hereby proclaims a crop loss emergency; and BE IT FURTHER RESOLVED that the Board of Supervisors requests the Governor of the Commonwealth of Virginia to proclaim the County of Albemarle a crop disaster County, thereby enabling fruit growers who have suffered heavy losses, to apply for State and/or Federal Govern- ment assistance. June 13, 1990 (Regular Day Meeting) (Page 29) Agenda Item No. 18a. Work Session: ment and Watershed Protection". 277 Report entitled "Residential Develop- Mri Peyton Robertson, Watershed Management Official, said since the Residential Development and Watershed Protection report was presented to the Board on May 16, he, along with the Water Resources Committee (constituted in the Comprehensive Plan to address specific water resource questions and concerns), have reviewed the report. The Committee discussed the list of Unresolved Issues and Needs for Further Research (beginning on page 15 of the report), and have the following comments to the questions outlined: Should a revised method be adopted for implementing the performance standard of the Runoff Control Ordinance? (The Committee has been looking at a number of methodologies for calculating pre- and post- development runoff values. The Committee has decided to move ahead with consideration of the Frank X. Browne Revised Guidelines, which were proposed in 1982, bringing a recommendation to this Board at a later date.) Should Albemarle County adopt the buffer zone requirements for agricul- tural activities contained in the Chesapeake Bay Preservation Act regula- tions? (As the Board is aware, it previously adopted a Resolution of Intent to move forward with designation of Resource Protection Areas in the County. A work group has been established for that purpose and is eonsidering a variety of means by which agricultural activities would be required to conform with the regulations of the Chesapeake Bay Preserva- tion Act regulations. Which is more cost-effective and maintainable in the long run, regional detention ponds, on-site controls, or a combination of both? Should the Rivanna Water and Sewer Authority (RWSA) continue to be responsible for the maintenance of all on-site controls? Should a stormwater management utility be created? (It is common knowledge that regional detention ponds are more cost-effective in the long run. RWSA's continued respon- sibility will be addressed in the future as other stormwater management strategies are considered. There will be a forum in the Auditorium of the County Office Building on Wednesday, June 20, to discuss the concept of the stormwater management utility. A stormwater management utility was an item in the early watershed management plan suggested for consi- deration by the County, although there is no current enabling legislation in the State of Virginia. Some consultants will be at the forum on June 20 to discuss the concept which will undoubtedly be an item before the General Assembly in 1991.) What is the current water quality status of the South Fork Rivanna Reservoir and the current storage capacity of the Sugar Hollow and Ragged Mountain reservoirs? (The staff does not have any estimates on the storage capacity of the Sugar Hollow and Ragged Mountain Reservoirs, although Mr. George Williams, Executive Director, noted that those facilities are in generally forested areas surrounded by a fairly pro- tected watershed and the storage capacity loss over time has probably not been as great as in the South Fork Rivanna. The staff continues to monitor the water quality status of the South Fork Rivanna yearly which is analyzed as it is obtained.) What will be the economic and environmental impact of adding flashboards to the South Fork Rivanna Reservoir dam? (That issue has not been examined in detail as of this date there is no target date for putting flashboards on the South Fork Rivanna.) Should tougher erosion controls be required for all single-family homes built within the watershed? Should the Board decide to go with the outline of the Chesapeake Bay Preservation Act Work Program Phase II, this item will be reviewed. One of the conditions of the Bay Act crite- ria is compliance with erosion and control regulations for single-family homes in excess of 2500 square feet.) Mr. Robertson said the Water Resources Committee will continue to review these items periodically. June 13, 1990 (Regular Day Meeting) (Page 30) 278 Mrs. Humphris asked the procedure for testing water quality status in the South Fork Rivanna Reservoir, how frequently testing is done, and at what locations. Mr. Robertson said last year samples were taken between mid-August and mid-October on a bi-monthly basis at three locations. The schedule this _ year will include more summer months. Sampling began yesterday and will continue every other Tuesday through September 4. Samples are collected at three points: one close to the dam, one just inside Ivy Creek and one up stream across from the Rivanwood Subdivision. The water samples are collected at mid-surface and bottom depths, and looked at for phosphates, nitrates, chlorophylls, as well as dissolved oxygen profiles at each one of the stations along with other water quality parameters. Mr. Bowie asked about the accurateness of a media report last year which stated that the land surrounding the Reservoir would flood to the point of dedication if flashboard were installed. Mr. Robertson said he does not believe that is correct. The actual land that the City of Charlottesville leases to RWSA does not include land which would be flooded by a rise in the dam elevation of four feet. Also, additional easements would have to be pur- chased any way. Mr. Agnor said that is correct. There was no further discussion on this item, at this time. Agenda Item No. 18b. Work Session: Alternative Point-Source Discharge Sewage Disposal System - Intermittent Sand Filtration. Mr. Bowie said he had received a letter from Mr. and Mrs. George (Betty) Graham stating they are unable to attend the meeting today, nor have they had time to prepare a presentation. They request a deferral to the next available Board date. Motion was offered by Mr. Way, seconded by Mr. Bowerman, to defer discus- sion on this item until July 11. Mr. Bowie said Mr. Graham expressed some concerns as to what was presen- ted and analyzed in the staff's report, and regulations concerning Health Department involvement. He asked Mr. Cilimberg to contact Mr. Graham to resolve the issue before this comes to the Board for review. 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. 15. Legislative Proposals for VACo Annual Meeting. Mrs. Roxanne White, Management Analyst, County Executive's office, said the Virginia Association of Counties has begun the 1991 legislative request process for major legislative issues of statewide concern to be considered in the 1991 General Assembly Session. Following is a list of issues currently under study by joint legislative committees and 1990 legislative position statements. Mrs. White noted that the deadline for submitting a list to VACo is July 1. It is recommended that the Board select eight to ten priority issues to submit. "SUMMARY 1990 LEGISLATIVE POSITIONS POSITION STATEMENTS SENT TO VACO FOR 1990 LEGISLATIVE PROGRAM EQUAL TAXING/BORROWING POWER. To meet the increasing demand to provide services to a growing population, Albemarle County urges the General Assembly to grant counties the same taxing and borrowing authority as cities. STATE LOTTERY FUNDS. Albemarle County supports legislation requiring that net funds raised from the Virginia State Lottery be distributed back to localities for needed capital projects. June 13, 1990 (Regular Day Meeting) (Page 31) 279 ISSUE STATEMENTS FROM 1990 LEGISLATIVE PACKET FINANCES: To expand revenue powers by adding: one-half percent sales tax for localities Regional gasoline tax Transient occupancy tax (Counties permitted to levy same rate as cities) Permanent distribution of state recordation tax to localities (five year sunset to 6/30/95) Local meals tax option without referendum. To provide full funding for all state mandates. To provide for local flexibility of real estate tax collection, so that the long term homeowners are not driven from their primary homes due to rapid inflation, i.e. homestead exemption, circuit breaker, refund of excessive tax based on sliding scale, classification allow- ing different rates for different values of property. To provide local governments with enabling legislation to require those delinquent in payment of taxes to pay court costs. To include computer equipment used for either administrative or research purposes in the local manufacturer's Machinery and Tools tax. At Albemarle County's initiative, a bill to exclude computer equipment from the manufacturer's exemption is under study by a House Finance Subcommittee. Currently, only machinery and tools that are directly involved in production can be subject to the local Machinery and Tools tax. Computers, office equipment, airplanes or boats that are used for administrative or research purposes are not taxable, which has resulted in a loss of $600,000 in revenues from two local corpora- tions. Although the proposed legislation only addresses computer equipment, it will hopefully be expanded in subsequent years to make other items such as airplanes and boats subject to local taxation. This bill has strong support from Mike Amyx of Virginia Municipal League, Flip Hicks of VACo and Delegate Stanbaugh, the Chairman of the House Finance Subcommittee where the bill is being studied. GROWTH MANAGEMENT AND PLANNING: To provide for enabling legislation which allows for the use of growth management tools in all localities such as: Impact fees Transfer development rights (TDRs) Purchase development rights (PDRs). Recognition of local comprehensive plans by state agencies. Support enabling legislation for an adequate public facilities Ordinance. To oppose legislation providing vested property rights in rezonings. WASTE MANAGEMENT: To provide funds for the upgrading of landfills to legislated standards. To provide funding for state and federal mandated qualities of standards for solid waste and clean water management. To support legislation establishing a container deposit on bottles. To provide legislation prohibiting the use of certain non- biodegradable containers. June 13, 1990 (Regular Day Meeting) (Page 32) 280 To provide legislation that requires industries to report to the localities the volume of solid waste that they are making available for recycling. ~ To request that the state ensure participation in solid waste management programs by its own agencies. To request the state to take an active role indeveloping markets for recyclables. To reqUest that the state institute incentives to encourage source reduction by industry. To request local option of a single liner in rural landfills. Provide separate'property tax classification for certified recycling equipment. EDUCATION: To oppose a Constitutional amendment to require binding arbitration for teachers. To provide fundingfor standards of quality. To provide state funding for local school construction and equipment. To ensure that Literary Funds are used solely for school construction and equipment. CORRECTIONS: To provide adequate state facilities for state felons in order to relieve local jails. TRANSPORTATION: To provide funding for regional transportation planning and for local transportation needs. LICENSING: To continue to exempt local government employees who are architects, engineers and land surveyors from licensing requirements. LEGISLATION UNDER STUDY BY LEGISLATIVE COUNCILS, COMMISSIONS ANn SUBCOMMITTEES COUNCILS: Local Government Advisory Council: Among their charges is the review of the two-year study on federal and state mandates on local govern- ment or HJR 156 and SJR 45. STUDY COMMISSIONS: COMMISSION ON POPULATION GROWTH AND DEVELOPMENT (HB 862). This commission is studying state and regional planning processes needed to deal with population growth and development. COMMISSION STUDYING LOCAL INFRASTRUCTURE NEEDS AND REVENUES RESOURCES (HRJ 432) SJR 74, adds a stormwater retention system in this study. COMMISSION TO STUDY THE USE OF PUBLIC EDUCATION FUNDS (SO]{ 48). $350,000 has been appropriated for a consultant to do an efficiency in education study requested by this Commission. GOVERNOR'S COMMISSION ON EDUCATION OPPORTUNITY FOR ALL VIRGINIANS. This Commission seems to be a response to the recent Texas disparities in education case, a copy of which is in the Thomas 3efferson Planning District Commission office. June 13, 1990 (Regular Day Meeting) (Page 33) 281 VIRGINIA STATE CRIME COMMISSION (HJR 20). This Commission is studying laws governing local jails as such laws reflect the authority of regional jail administrators. SUBCOMMITTEES: JOINT SUBCOMMITTEE to study TRANSFER DEVELOPMENT RIGHTS (TDRs), impact fees, vesting, adequate public facility ordinances, and other land use issues. JOINT SUBCOMMITTEE to study the feasibility of establishing a mechanism for periodic review of LOCAL RETIREMENT SYSTEMS. BRICKLEY SUBCOMMITTEE to study REAL ESTATE TAXES. HOUSE SUBCOMMITTEE to study the feasibility of a DRINKING WATER PROTECTION FUND (HB 1115). HOUSE SUBCOMMITTEE to study MANUFACTURER'S EXEMPTIONS from local taxes (HB 638)." Mr. Bowie said some of these items are requests of other counties and it is important that Albemarle support them. In that light, all of the items listed should be forwarded to VACo. The Board has traditionally sent position statements to VACo requesting equal taxing/borrowing powers for counties, requesting that state lottery funds be returned to localities, and that full funding be provided for all state mandates. He thinks the fewer positions the Board takes the better, but again let VACo know the County supports all of the items. Mr. Bain said he thinks the growth management items are important. Mr. Bowie said he agrees and thinks the purchase of development rights and the ability to sell development rights is a key issue in managing rural growth. Mr. Bowie suggested the three positions he first mentioned be Albemarle County's legislative priorities for VACo. In addition, the Board support VACo's position on any of the remaining items. Mrs. Humphris said she thinks Corrections is an important issue. As a member of the Jail Board, she feels this is something all of the localities should be asking for relief from the state. Mr. Bain said he does not support exemption of local government employees from licensing requirements. Mr. Agnor said he also does not believe the County should support that position. The County currently requires employees in those type positions to be licensed. Mr. Bain said he thinks licensing should be encouraged. Mr. Bowie said he agrees. Mr. Way suggested that staff convey to VACo that Albemarle does not support this position. Mrs. Humphris said she thinks enabling legislation which allows for the use of growth management tools in all localities should be one of the Board's major position items. Mr. Bain agreed and suggested that the entire section be included in the legislative package. Mr. Bowie also agreed to support the concept of legislating appropriate growth management and planning tools as the fourth position. Mr. Perkins asked if a local option income tax has been considered. Mrs. White responded "yes"; it was considered and passed for Northern Virginia counties. Mr. Perkins suggested that it be added back to the list as one of the items this Board supports. Mr. Bain asked the County Attorney to provide a memo for June 20 on what the Board needs to do to get the meals tax added to the November ballot. There was no further discussion. Agenda Item No. 18c. Groundwater Protection Study, Executive Summary, (Department of Planning and Community Development, February, 1990, prepared by Mary Joy Scala and Michael Collins). June 13, 1990 (Regular Day Meeting) (Page 34) 282 Mr. Cilimberg said for a number of months the staff have been working on a comprehensive study and recommended program for groundwater protection in the County. Decisions the Board made last year on the Comprehensive Plan put emphasis on groundwater protection. Mr. Cilimberg said the purpose of this study is to alert the Board to current deficiencies in groundwater knowledge and protection efforts; to present an "ideal" program for groundwater protection; to recommend steps which should be taken to implement the Comprehensive Plan goal of groundwater protection; and to encourage the Board to immediately initiate a groundwater protection program. Mr. Cilimberg said present at the meeting today is Mrs. Mary Joy Scala, Senior Planner, and Mr. Mike Collins, an intern, who prepared the study. Mrs. Scala then reviewed the specific aspects of the study. Mrs. Scala summarized the flow chart (page 12 of the study) showing how a groundwater protection program could develop and how the recommendations would fit into the program. Since many of the recommendations require further study, it is anticipated that the chart may change as options are either pursued or eliminated from time to time. The recommendations are divided into two phases: action items to be addressed in the immediate future, and items for further study, to be addressed over the next five years. After the first phase items are completed, the program may be evaluated before proceeding with the second phase. The study recommends that groundwater data collection and evaluation be conducted on two levels: broad base (county-wide studies to be initiated by the County) and site specific (studies to be required of property owners as development occurs). If this groundwater protection program is fully implemented, the end result is local programs and policies to prevent groundwater depletion and degradation, and manually produced groundwater overlay maps or a groundwater Geographic Information System (GIS) for broad base and site specific planning. The initial maps (DRASTIC, pollution sources, well yield and depth to water) can be produced quickly for immediate use, but will be limited by existing data. Additional studies in the second phase will augment data from the first phase. Mrs. Scala then summarized the following recommendations of the ground- water protection study: Action Items Assign responsibility for groundwater planning to either the Planning Department or the Watershed Management Official. Assess Health Department environmental health staffing and associated funding requirements for the implementation of this program, including data collection. (After some recent discussions, the staff felt this would better be decided after the initial study phase of action items are completed.) Join with the Thomas Jefferson Planning District Commission in order to generate a DRASTIC map for the County. Identify and map existing and potential pollution sources, such as service stations, which may threaten groundwater quality, including both natural and man-made contaminants. (The DRASTIC map is produced using a standardized system which predicts where future pollution will most likely occur. A grant has been submitted to the State Water Control Board to have these maps produced for Albemarle. Mr. Collins is cur- rently working at TJPDC on DRASTIC maps for all of the other counties in the Planning District, except for Fluvanna and Albemarle.) Construct a well report database from current well completion reports and study the development of an ongoing database. Student interns should be used to augment the efforts of volunteers from the community. o Map well yield and depth to water at 1:24,000 scale using available data from Division of Mineral Resources drilling logs and Virginia Water Control Board water well completion reports. (An intern has already started constructing a data base used from two sources: GW2 forms and June 13, 1990 (Regular Day Meeting) (Page 35) 283 data from extensive well testing done by the Division of Mineral Re- sources in the 1960's. Beginning in September, 1990, new well regula- tions will go into effect which requires that all wells drilled must ave a completed GW2 form.) Further study enabling legislation for the implementation of hydro- geologic testing and evaluation intended: to protect and preserve groundwater quantity and quality through careful subdivision design; to better assure adequate water supplies for future residents; to assess the effects of anticipated withdrawals on neighbors; and to better predict future utility needs in the Rural Areas. Determine the proper time to implement hydrogeologic testing and evaluation through the zoning and/or subdivision ordinances and pursue implementation. Incorporate resulting data into broad-base maps. (Mr. Bowie asked if this is to be usedtfor single-family dwellings. Mrs. Scala said it is mostly intended to be used in larger developments because those have the biggest impact. It can be set up however the Board wishes. This requirement would be particularly important in the North Garden area because the Board has stated it does not want to approve any rezonings in that village without adequate proof of the availability of water.) Authorization has been requested of the 1990 General Assembly for Albemarle County to be included in Section 32.1-176.5.B of the Code of Virginia to be enabled to require testing of water quality prior to the issuance of a building permit. Study the means by which such a require- ment could be implemented and pursue implementation. (The requirement can be tailored to the County.) Maintain water quality testing data in a database; prepare water quality maps based on the accumulated data. 10. Further study the Health Department's private well regulations when they are adopted in Spring, 1990, to insure that minimum well data reporting requirements are met. Further study enabling legislation to permit local well regulations for additional grouting and yield/flow testing require- ments. Pursue implementation of local regulations as permitted. (Mr. Bowie said he would have a lot of problems with such regulations applying to private homeowners. Mr. Perkins asked what types of contaminants would be a basis for denying someone a building permit. Mrs. Scala said in addition to previous contaminants mentioned, there are also nitrites and certain types of pesticides. Mr. St. John said the presence of some of the contaminants would not necessarily result in denying a building permit. The purpose of testing these wells is mainly to protect people from bad water.) 11. The central well policy should be studied and revised, in light of this groundwater protection study and the newly revised Comprehensive Plan. 12. Study the central well procedure and the feasibility of transferring inspection of central wells to the Health Department. Mrs. Scala said of the twelve action items: recommendation #1 could be taken care of rapidly by the Board assigning responsibility for any groundwater program; recommendation #2 cannot occur until after additional study has been completed; recommendations #3, #4, #5 and #6 are already underway by an existing intern; recommendations #7, #8, #9 and #10 require some outside technical assistance; and recommendations #11 and #12 should be accomplished in-house in the Planning Department. Recommendations: Items for Further Study 13. Develop a public education and voluntary action program to help build support for County protection programs and to educate the homeowner on groundwater protection issues. 14. Planning staff should work with the Watershed Management Official and the Water Resources Committee to coordinate groundwater and surface water programs and policies. June 13, 1990 (Regular Day Meeting) (Page 36) 284 15. Do further study to determine appropriate timing for remapping the Albemarle County geologic map east of Route 29 for bedrock type (lithology) and structural geology at 1:24,000 (USGS scale), to be conducted by consultants. 16. Do further study to determine appropriate timing for developing a lineament and surficial geology map at 1:24,000 scale, to be prepared by consultants. 17. Do further study to determine appropriate timing for developing a local or regional recharge/discharge project to be conducted by consultants. Such project would include hydrograph separation analysis of stream flow at gauging stations and testing of observation wells, and would result in a groundwater flow analysis and a recharge/discharge map of Albemarle County by sub-basin. 18. Further study the licensing of well and septic contractors. Further study a County requirement for septic system maintenance. 19. Evaluate the adequacy of state and federal regulations for underground storage tanks, waste lagoons, and other potential groundwater pollution sources. Consider the development of local regulations for these uses. 20. Implement a geographic information system (GIS) to be used to integrate and interrelate groundwater data. Mrs. Scala said recommendations #13 and #14 could be moved up into the first phase. Mrs. Scala said the chart, as presented, shows the Board every option currently available to protect groundwater. It is the Board's decision how far it wants to go and which items it wants to pursue. Mr. St. John said he thinks the County has the authority to do the hydrogeological study and then take whatever steps are necessary to protect the groundwater from people. In his opinion, it is necessary to keep totally separate the enabling legislation for protection of groundwater from contami- nation and from depletion, and to protect users from illness due to contami- nants in their wells. The appropriate section of Code which applies is 15.1-489. Mrs. Humphris said she thinks it is important to emphasis conservation in the education efforts, not just the protection of the quality of the water, but also the protection of the quantity and availability. Mr. Perkins asked how this program would correspond and relate to other state and federal programs, i.e. Environmental Protection Agency, State Water Control Board, etc. It seems to him that this is more of a groundwater resource study than a groudwater protection study. Mr. St. John said the section of Code he mentioned concerns the lawful purposes of a zoning ordi- nance. The amendment he referred to added as one of the purposes of the local zoning ordinance, the protection of surface and groundwater by reasonable means not inconsistent with regulations of state agencies. The Health Depart- ment functionally protects people from bad water and the State Water Control Board protects water from peoples activities. The State Water Control Board does not get involved, such as with land use decisions and whether to allow a facility such as the Piney River Manufacturing plant, in Nelson County, until after the fact. The State Water Control Board gets involved when there is a point source discharge into state waters. The land-use decision making process at the local level is where these groundwater protection tools should be used. Mr. St. John said although he does not think that duplication of services is the idea behind this study, the Board should not duplicate services that state agencies provide. Mr. Perkins said his concern is that there not be duplication and that the County make use of the resources that the federal and state governments provide. June 13, 1990 (Regular Day Meeting) (Page 37) 285 Mr. Agnor said he recommends that this groundwater protection program be adopted in principle with program implementation assigned to the Office of Watershed Management. It is staff's opinion that the tasks and responsibili- ties of the Watershed Management Official be expanded to include all water resource planning and management efforts of the County. While the watershed management of drinking water impoundments woUld still be the primary focus of the office, water resource management and protection measures beyond the watersheds should be addressed, specifically the Chesapeake Bay Initiatives and the groundwater protection program. If the Board concurs with this approach, staff will develop a proposal for this expansion and address how funding through the Rivanna Water and Sewer Authority may be affected. Mr. Bowie commented that this was an excellent presentation. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to adopt the Groundwater Protection Study in principle with program implementation assigned to the Watershed Management Office. The County Executive is also to discuss with City officials revising of job description of the Watershed Management Official to include these additional duties. 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. 18d. Work Session: Amendments to the Runoff Control Ordinance. Mr. Peyton Robertson, Watershed Management Official, said the proposed amendments delete language relating to a Technical Review Committee, which no longer functions, and also requires developers to pay a pro-rata share of the construction costs associated with regional sedimentation facilities. In addition, the definition of "sewage disposal system" was amended. Mrs. Humphris asked what is meant by "water dependent facilities". Mr. Robertson replied boat docks, in-take structures for the water supply, etc. Motion was offered by Mr. Bain, seconded by Mr. Bowerman, to set a public hearing for July 11 to consider amending Chapter 19.1 of the Albemarle County Code as it relates to Article II, Protection of Public Drinking Water. 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. 18e. Joint Transportation Committee Report. Mr. Robert W. Tucker, Jr., Deputy County Executive, said at the June 6 meeting, Board members made several comments and raised questions concerning the Route 29 North Draft Environmental Impact Statement (DEIS). Those con- cerns were given to the Joint Transportation Committee, who met on June 8. The Joint Transportation Committee concurred with the Board and the questions, as well as some questions prepared by the City, and transmitted the questions to VDoT. Mr. Tucker said he has wrote a letter to %rOoT asking that VDoT either delay the public hearing on June 28 or defer any action and continue the public hearing until a response has been received to all of the questions submitted. The staff has also been drafting a statement for the Chairman to present at the June 28 public hearing. Mr. Tucker said he had requested from Board members any comments they wished to have added to the statement. He received two substantive replies. Mrs. Humphris suggested that language be included that any type of alignment in the watershed should be avoided. Mr. Bowerman had indicated his concern about the expressway alternative. Mr. Tucker said he has discussed with the Chairman and prepared a brief outline for the Boardts review. The final statement is to be prepared from the following outline: Short historical background perspective on U. S. 29 North Corridor. June 13, 1990 (Regular Day Meeting) (Page 38) 286 Explain our understanding of the improvements expected in the base case (attach CATS list of base case improvements with statement). Comment that data and answers to questions raised by the Board of Supervisors and Joint Transportation Committee are needed before a definite solution can be supported. Discuss the importance of the County's policy for watershed protection (the improved base case alternative as currently proposed does not appear to impact the watershed). Eo Close statement with comment that if the data requested by the Joint Transportation Committee is favorable toward the improved base case solution, the County could support this alternative. But until that information is provided, the County requests the Virginia Department of Transportation continue the public hearing (attach list of questions from Joint Transportation Committee with statement). Mr. Bowie commented that VDoT has requested a five minute limitation on individual presentations. Mr. Bowerman said he does not think the Board should limit what it wants to say on the basis of the five minutes. Mr. Bowie said he personally cannot support taking a position for or against any specific alternative because the Board does not know what the recommendations are. Mrs. Humphris said she likes the outline provided, but thinks the Board will be closing its eyes to disaster if it thinks that VDoT will delay its public hearing or delay making a decision. It is her opinion that the public hearing will proceed with or without Albemarle County. She thinks that based on the information provided in the DEIS, the Improved Base Case would provide an acceptable level of service at an acceptable cost. She feels this Improved Base Case option should be supported by the Board and built by the state. It is also her feeling that the DEIS further establishes that the bypass routes do not deal effectively with the Route 29 North traffic problem and are very costly in terms of dollars and in known negative impacts to homes, schools, businesses, water quality, the environment and the community. It is clear to her that based on the DEIS, the official information document available for decision-making at this time, the Improved Base Case is the appropriate solution. She feels that the Board should make the following statement at the end of its presentation: "The county, therefore, supports the Improved Base Case option on Route 29 North and opposes the bypass options." Mr. Bain said he has difficulty in supporting the base case when legiti- mate questions have been raised concerning the DEIS and to which no response has been provided. Mrs. Humphris asked how the Board is going to respond if it does not get a response to the questions. The Board is obligated to make a statement on the citizen's behalf. She strongly believes that the Board must be prepared to say that it supports the base case and opposes any bypass because that might be the only information to go on. Mr. Bowie suggested that in Section "B" of the outline, include wording that the County does not know what VDoT means by "base case". Although the Board does not know what VDoT is really saying, the Board's interpretation of VDoT's statement appears to solve the problem. Mr. Bain said he thinks the Board needs to be careful because in the future someone might question why the Board took a position even though it challenged the DEIS. Mrs. Humphris said the position is based on the best information available at the time. Mr. Bowie said he cannot support the Improved Base Case without responses to the questions submitted to VDoT. He also has the same problem opposing anything until the questions are answered. June 13, 1990 (Regular Day Meeting) (Page 39) 287 Mr. Bowerman said when he was campaigning fOr the Board of Supervisors, he received information from VDoT which enabled him to take the position that the traffic problem is not from through-traffic, but a local problem and that none of the bypass alternatives nor an expressway would solve the problem. Since the base case is pretty well defined, he could take a position as long as the responses to the questions do not substantially change anything. He thinks that if the Board fails to make a statement on June 28 reflecting its position of the last fifteen years, the Board will lose its opportunity to do so. He thinks the Board needs to be definitive. Mr. Bowie suggested acknowledging in the statement that responses have not been provided to the questions, but the DEIS seems to say certain things and if it actually means what the Board interprets it to say, then the Board can support it. It is his opinion that the DEIS is the CATS plan, including Greenbrier. Mr. Way said he has no objection to that statement. Mr. Bain said he wants to reserve his right to see what the answers to the questions are. He does not want to make as strong a statement as has been discussed. Mr. Tucker said he does not think the Board will have responses to the questions by June 28, nor will VDoT cancel the public hearing. He thinks VDoT may continue or extend the deadline for comments. Presently the deadline for comments is 3uly 9. Mr. Bowerman said it is his opinion that nothing is going to change the fact that the only thing that is going to work for this community is construc- tion of the CATS Plan. He thinks the only people to benefit from a western bypass are development interests. New roads inevitably bring their own growth. He thinks that if the Board does not take a position, it will have given up its opportunity to do so. Mr. Bain suggested staff draft a statement, taking into account comments made by Board members, for the Board's review on June 20. Mr. Bowie asked if the Board members wish to take a position publicly opposing the bypass options. Mrs. Humphris said she opposes all bypass options. Mr. Bowerman said he opposes bypass options as well as an expressway because the facts do not speak to either as dealing with the problem. The Chairman took a poll of the Board members who stated their opposition to all bypass options and an expressway. There was no further discussion at this time. Agenda Item No. 19. Appointments. Motion was offered by Mr. Perkins, seconded by Mr. Way, to appoint Mrs. Josephine M. Blue to the Monticello Area Community Action Agency Board of Directors, to replace Dr. Marie Chioni, who resigned. 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. 20. Other Matters Not Listed on the Agenda from the Public and Board. Mr. Frank Kessler commended the Board for the action it took today concerning Route 29 North. He hopes that the Board will encourage the Highway Department to get all of "these lines" off of maps. It is bad for the real estate business not knowing what is going to happen. As a realtor, he cannot tell a home buyer whether a bypass will come through the property or not. He said the community is in a turmoil and the Board owes it to the citizens to see that these lines are removed. June 13, 1990 (Regular Day Meeting) (Page 40) 288 Mr. Bain asked staff to elaborate on Consent Agenda Item 4.9, Fiscal Impact Evaluation and Future Rezoning Requests, as prepared by the Planning Department. Mr. St. John said the report essentially states that there will be a notation in all future staff reports about the status of any proffer or lack of proffer, and if the staff can generate it, an item on the estimated cost to the county of the development. The staff will begin doing this even though the Fiscal Impact Study is not complete. He believes that on a case- by-case basis that can be done. Using as an example the proposal by Wendell Wood on the agenda this morning, although Mr. Wood had technically made no proffer, he had agreed to build certain things. He thinks that anytime staff and a developer discuss a proffer, a synopsis of that discussion should go in the staff report and come to this Board. If the staff does not think the proffer should be accepted, then the staff report should reflect that opinion. If staff can assess capital costs then that amount should be put in the staff report and the share of the cost to be contributed to the request should be stated even if the applicant has made no proffer. It is ultimately the Board's decision as to whether a proffer meets the criteria. The staff should not hear the proposal about a proffer and then make the decision about whether or not to accept that proffer without input from this Board. He believes a discussion of the status of a proffer or a non-proffer should be in each staff report. (Mr. Bowerman left the meeting at 5:00 P.M.) Mr. Cilimberg said the staff has never had a monetary proffer that has not been reported to the Board. The only opportunity for getting proffers is through rezonings involving growth area properties. Mr. Bowie said he read the report as being just an information item. (Mr. Bowerman returned to the meeting at 5:05 P.M.) He would like to have in the staff report the fiscal impact which has nothing to do with proffers. He does not care whether somebody submits a proffer or not. He saw this as a way to get additional information in the decision-making process. Mr. Bain said as long this does not slow down the process, he has no problem with the suggestion. Mr. Agnor said he has available copies of the adopted Fiscal Year 1990-91 County Budget if any Board member would like one. Mr. Bain said on June 6 the Board received the County Executive's April, 1990 financial report on the consent agenda. He asked for the projected fund balance for the end of the fiscal year. Mr. Agnor said revenues are expected to be within one percent of the estimate which is approximately $500,000. The expenditures appear to be within appropriations. The combination of both should be within approximately one percent of the budget. He thinks there should be a carry-over balance at the end of the fiscal year of at least $5OO,OOO. Mr. Bowerman said about eight years ago, due to a significant rainfall, the County looked at regional detention basins for stormwater management in the urban area, and the idea was eventually implemented. Every time there is major rainfall, additional problems arise from these basins. His reasons for discussing this is that there is no mechanism in place to deal with these situations, other than in the Capital Improvements Program process. He would like for staff to look at the situation, not only for runoff problems and water management, but other problems associated with other areas in the County where there are public facilities where nobody is taking the responsibility to maintain them. Obviously the entire costs should not be borne by the private landowner. He would like staff to come up with some mechanism that the County can use to deal with these improvements. If the problem is the result of the developer, then the developer should bear the costs. If the problem is the result of something overlooked by the County, then the County should be responsible. Mr. Bain said he concurs with Mr. Bowerman totally. Mr. Bain asked, under current enabling legislation, how long a developer can be made responsi- ble for his project. Mr. Bowerman asked if a homeowner's association can be June 13, 1990 (Regular Day Meeting) (Page 41) 289 made to clean out a stormwater detention basin if it fills up or if there is no homeowner's association who could be given that responsibility. He feels these devices will have to be maintained after the fact. Mr. Bowie said he has no objection to getting the information. Mr. Perkins asked staff to bring back a recommendation on amending the ordinance relating to real estate tax relief for the elderly and handicapped. The consensus of the Board was to direct staff to provide this information. Mr. Bowie mentioned a letter received from Mr. Frank Buck, a member of City Council, concerning the Italian Student Exchange Program. Last year the County decided not to participate in the program. The letter asks the County if it wants to participate in the program. He does not want to imply that he can vote to appropriate the funds requested. Mr. Bain said he is not willing to commit the funds. Mr. Way said the Board has always said that the only way for this program to succeed is to get the School Division to take the major responsibility for it, not the Board of Supervisors. He still believes that holds true. There being no other discussion, the Chairman agreed to respond to Mr. Buck concerning the Board's position on this program. ww-$, t,q° Mrs. Humphris commented that she will not be present for the July 11 meeting. Agenda Item No. 21. Adjourn. There being no further business to come before the Board, the meeting was adjourned at 5:21 P.M. CHAIRMAN