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1990-03-21March 21, 1990 (Regular Meeting) (Page 1) 267 A regular meeting of the Board of Supervisors of Albemarle County, Virginia,~was held on March 21, 1990, at 7:30 P.M., Auditorium, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Messrs. Edward H. Bain, Jr., David P. Bowerman, F. R. Bowie, Mrs. Charlotte 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 7:30 P.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. Way and seconded by Mr. Bain to accept the items on the Consent Agenda as information. 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. Notice dated February 22, 1990, from the State Corporation Con~nission enclosing application of Automart Limousine Service for a certifi- cate as a limousine carrier, received as information. Item 4.2. Notice dated March 13, 1990, from Mr. H. W. Mills, Maintenance Manager, Virginia Department of Transportation, noting that the Department intends to repair the existing superstructure over the South Fork Hardware River, on Route 692, between March 26 and March 30, 1990, received as information. Not Docketed: Mr. Bowie announced that the Board wishes to recognize the service of several individuals to Albemarle County. He then presented a certificate of appreciation to Mrs. Katherine Burton, who served for over seven years on the Social Services Board, the last two as Chairman. Mr. Bowie also presented a certificate of appreciation to Mr. David Bowerman in gratitude for his ten years of service on the Planning Commission as the representative of the Charlottesville District. Mr. Bowerman served as Chairman of the Commission from 1983 to 1987 and then again from 1987 to 1989. Mr. Bowie then presented a certificate of appreciation to Mrs. Norma Diehl for her 12 years of service on the Planning Commission as the represen- tative of the Samuel Miller District. Ms. Diehl served as Chairman of the Commission from 1981 to 1983. Mr. Bowie also presented a certificate of appreciation to Mr. Tim Michel in gratitude for his seven years of service as the At-large representative on the Planning Commission. Mr. Bowie then presented a certificate of appreciation to Mr. Peter Stark, who served for four years on the Planning Commission as the representa- tive of the Jack 3ouett District. March 21, 1990 (Regular Meeting) (Page 2) 268 Agenda Item No. 5. To receive public comments on the proposed 1990-91 County Budget before starting work sessions. Mr. Bowie asked Mr. Agnor to provide an overview of the operating budget for FY 1990-91. Mr. Agnor said staff has prepared the budget within the allocation of revenues adopted by the Board in November, 1989. That allocation included funds for operational expenses, the Revenue Sharing Agreement with the City and existing debt service on school bonds. The allocation of revenues allowed a $2.0 million increase in local funds over the appropriations for the current fiscal year. The Board held in reserve $1.4 million in anticipated revenues to fund two programs: the Capital Improvements Program (CIP) and the new debt service on 1989 school bond issue. Since the CIP was estimated to require $1.0 million and the debt service, $1.4 million, the budget process began with a shortage of $1.0 million. Mr. Agnor said the budget is now short $600,0001, in order for it to be balanced. Since last November, there have been several changes in the amount of revenues anticipated by the County. The Board has-approved a pro rata ment program for vehicles, which will begin in 1991. The Solid Waste Task Force has proposed that the County start charging user fees at the landfill. Revenues from these two innovations have been estimated in the 1990-91 o ing budget. Mr. Agnor said that staff has also included revenues from the state, which are being revised according to the final actions of the Genera] Assembly just ten days ago. He said these three changes in revenues have resulted in a recommended operating budget for FY 1990-91 of $80.62 million seven percent increase of this year's budget. Mr. Agnor said the Board has also approved the collection of personal property taxes twice a year, beginning in June, 1991. This measure will ra a one-time revenue of $5.07 million, which was allocated in January, 1990 t¢ the CIP to reduce the amount of money which must be borrowed for next year' CIP. Mr. Agnor said the CIP is also recommended to receive an additional million, an annual allocation of current revenues to the CIP. Mr. Agnor then highlighted some of the recommended appropriations for FY 1990-91. The departments listed under the category of "Administration" are recommended to receive $3.69 million, an increase of 12.27 percent, or $400,000 over FY 89-90. Of this amount, $320,000 represents the costs associated with the new pro rata assessment program and the change to collecting personal property taxes twice a year. The departments listed under "Public Works" are recommended to receive an increase of 13.03 percent, or $240,000, which will cover the cost of changes in the operation of the Ivy Landfill and the opening of the Keene Transfer Station. The Parks and Recreation Department is recommended to receive an 'increase of 10.53 percent, or $200,000, to meet the cost of opening and beginning operations at the Southern Regional Park. Mr. Agnor also pointed out that there is a reserve of $100,000 in the budget for the divisions listed for "Public Safety" so recommendations listed in the recent report by the Jefferson County Fire and Rescue Association may be funded later. Mr. Agnor said the recommended allocation for the Schools Division is $56.28 million, a 6.91 percent increase, or $3.64 million, over last year's appropriation. Of this amount, $1.5 million is int, ended for enrollment growth; $2.0 million for an increase in the current base operation and the operation of two new schools; and $480,000 for improvements to the math and science curricula, expansion of computer instruction, guidance counselors in the elementary schools, after-school programs in middle schools and some increases in staff in the Schools' Departments of Personnel, Transportation and Building Maintenance. When the new Debt Service is added to the Schools' budget, the budget increases by 9.58 percent over that of FY 89-90. Mr. Agnor said the costs of General Government'equal 24.41 percent of the operating budget; the costs of the School Division equal 69.81 percent. About one percent of the total operating budget (.99 percent) is recommended to be placed in a reserve fund for the Board's use during the year. Mr. Agnor then summarized the revenues available to the County for FY 90-91. Local revenues provide 67.58 percent of theCounty's income. He said that staff anticipates an increase of $1.92 million in the amount of revenue March 21, 1990 (Regular Meeting) (Page 3) 269 generated by property taxes. Of this amount, $450~000 result from the pro rata assessment of vehicles and the balance comes from the expanding tax base. Other local revenues will increase by $2.14 million, with landfill user fees comprising about $500,000 of this amount. Revenues from the state, which provide about 29.91 percent of the County's income, are decreasing by $500,000 for the General Fund and increasing by $2.22 million for the School Fund. Unfortunately, Mr. Agnor said, school funds from the state can be used only for the Schools' operating budget, not for building new schools. Mr. Agnor said the news media has reported that the recommended budget includes a tax increase of two cents per hundred dollars on real property. He said this claim is not completely accurate. However, if the entire $800,000 recommended for the reserve fund is applied toward the new debt service of $1.4 million, and nothing else in the budget changes, this would still leave a shortfall of $600,000 requiring a new source of revenue. This shortfall equates to an increase of about two cents per one hundred dollars in the real property tax rate. Mr. Agnor said it is also inaccurate to assume that the budget-before the Board this evening will not change at some point during the four work sessions and another public hearing. Mr~ Agnor said the staff is still waiting for the latest decisions from Richmond on state revenues. Depending on these changes and adjustments, an increase in the tax rate may be needed. Mr. Bowie opened the public hearing. Mr. Herman Key of the Independent Resource Center addressed the Board. He asked that the Board fund the Jefferson Area United Transportation Network (3AUNT) at a level that would not require an increase in the fare. He said that most of the people who use JAUNT are old and/Or disabled, have no other means of transportation, and have gross household incomes of under $10,000 per year. Many of these people must spend ten percent of their take-home pay on transportation to and from work. Mr. Key said that JAUNT has experienced a 90 percent increase in ridership; a significant portion of this increase is due to people traveling to and from work on a daily basis. He said these working people will be the ones most affected by an increase in the fares. Given the recommended 60 percent increase in fares, someone who works and earns $600 a month would spend $100 each month, or one-sixth of'~his or her income, on transportation to and from work alone. He said the people who use JAUNT are trying to take care of themselves and provide a decent life for themselves without asking government to do it for them. Ms. Annette Littner addressed the Board and said she is a part-time student at Piedmont Virginia Community College. She also works part-time and lives in the Heritage Hall Nursing Home on Rio Road. Since she is unable to get herself and her wheelchair into a car alone and cannot afford a van customized for use by the handicapped, JAUNT is her only means of transporta- tion to and from work, school and doctor appointments. She said she uses JAUNT about twice a day, which costs between $60 and $90 a month. She said she cannot afford an increase in the fares and she~does not want to have give up either work or school. Mr. John Gallant addressed the Board and said ~he uses JAUNT about four times a week and spends about $50 each month on fares. He said'he depends on JAUNT for transportation and asked that the Board not raise the fares. Mr. Way asked Ms. Linda Wilson, Executive Director of JAUNT, if JAUNT would be forced to raise its fares for handicapped riders if the Board ap- proved the allocation recommended by the County Executive. He asked if the Board of Directors of JAUNT anticipated an increase in the fares. Ms. Wilson said it costs about $6.70 per trip for each rider in the urban area. The fare costs $1.50; the County has subsidized the balance. If the Board were to approve the County Executive's recommendation, the County's subsidy will decrease and the fare must increase as a result. Mr. Way said that JAUNT requested about $58,888; the County Executive recommended funding $45,000 of this request. If the shortfall of $7,000 were restored, Mr. Way asked, would that solve the problem. Ms. Wilson said, "yes". March 21, 1990 (Regular Meeting) (Page 4) 270 Mr. Bowie said he is sure the BOard of Directors for JAUNT has other ways of dealing with the proposed shortfall than raising the fare for handicapped riders. Mr. Eric Harper addressed the Board and said he uses JAUNT. He said he works, but does not even earn minimum wage. He said an increase in the fares for handicapped riders would really hurt him. Ms. Beulah Naylor addressed the Board and said that JAUNT allows her to go to her doctors, do volunteer work and attend recreational facilities. She said there is no other way for her to get around. Mr. James Ray addressed the Board and said he is speaking on behalf of handicapped residents in the rural areas, particularly the White Hall area near Innisfree. He said JAUNT is too expensive for handicapped people in the rural areas, since it costs about $10.00 to go to and from Charlottesville. He would like to see fares lowered for the elderly and the handicapped riders in the rural areas. Ms. Rachel Collier, President of the Crozet Elementary School Parents Teachers Organization (PTO), addressed the Board. She thanked the Board for its decision to install wooden gymnasium floors in the new Crozet Elementary School. She said the County has a tradition, reaching back to Mr. Thomas Jefferson, of excellence in education. She said she is not sure the budget presented by the School Board can meet this commitment to education. She said that parents are concerned that the County is not paying teachers, bus drivers, custodians and principals the salaries necessary to attract and retain people in this area. She said that only 20 people have applied for the job of principal of the new Crozet Elementary School, far less than the expected number of applicants. Ms. Collier attributed this shortage of applicants to the less than competitive salary offered for the position. She said she is glad that the recommended school budget includes funding for the elementary school guidance program and she hopes the Board realizes the importance of this program. She asked the Board to consider carefully other needs as well, such as the textbook funding program, which loses money every year; and the teacher-student ratios, which must remain low. She asked that the Board fund the budget recommended by Mr. Overstreet and, if there is any surplus available to the County, pass that on to the schools as well. Mr. Roger Flint, President of the Board of the Charlottesville-Albemarle Clean Community Commission (CAC3), spoke. Currently, CAC3 has only one part-time employee but, as a result of State mandates that localitiees must recycle 25 percent by 1995, the demands made upon the Commission have tripled. Mr. Flint said the Commission now works full-time, ~with funding and personnel for half-time operation only. He said the City has provided property for one of the Commission's recycling centers and the County has provided office space for the part-time employee. In return, CAC3 has saved the City and County approximately $15,000 yearly by removing 1,500,000 pounds from the amount of solid waste that would have gone into the area's l~ndfills. Mr. Flint said he understands that the City an~d County are considering establishing a Solid Waste Authority and hiring a Recycling Coordinator, beginning July 1, 1990. He said that CAC3 supports this action and it recommends that the City and County hire its part-time executive director to work full-time under the Recycling Coordinator. This move would insure that existing recycling programs are coordinated with any new efforts. Mr. Flint also recommended that a volunteer commission be formed under the direction of the Recycling Office and that it include among others the present volunteer board members of the CAC3. Ms. Kay Wright, President of the Charlottesvilie-Albemarle Chapter of the Literacy Volunteers of America, spoke next. She urged the Board to consider funding the position of Librarian Assistant, so that the Literacy Volunteers may continue to coordinate its volunteer tutoring program. She said this community needs basic tutoring for adults who read from a zero to Grade 5 level. Although the Adult Basic Education Program serves all adults, it does not offer the individual tutoring provided by the Literacy Volunteers of America. According to the 1980 census, 18 percent of the County's residents have less than an eighth grade education. She said~that tutors in the Literacy Volunteers program have made it possible for some adults to vote for March 21, 1990 (Regular Meeting) (Page 5) 271 the first time, to obtain drivers' licenses and to find better jobs. Helping these adults get better jobs increases the tax base and lowers the amount the County would have to spend through the Department of Social Services. Mr. John Hood, President of the Jefferson Country Fire and Rescue Associ- ation (JCFRA), addressed the Board. He said the JCFRA is requesting a five percent increase, based on a 15 percent annual increase in the number of calls. While the County Executive has recommended that the Board approve the five percent increase, Mr. Hood said, he is concerned about the funding for rescue squads. JCFRA had requested that funding for two of the rescue squads, Western Albemarle and Scottsville, equal the appropriation to the fire depart- ments, or $42,000 each. The County Executive recommended that these two rescue squads receive $30,800. Mr. Hood said the Board asked the firefighters and the rescue squad workers to combine into one organization, which they did. He is now asking that the funding be equal. Mr. Hood then introduced the authors of the Jefferson Country Fire and Rescue Association System Study: Mr. David Hunter and Mr. Alan Norford. Mr. Hood said the third author, Mr. Raymond James, could not be at tonight's meeting. Mr. Hood said that one of the ways to recruit more volunteers is to lower the cost incurred by the volunteer. He said it currently costs a volunteer between $500 and $1000 to answer the calls he or she responds to in one year. He asked the Board to consider exempting one car for each volunteer from personal property taxes. He also asked that the Board consider granting rescue squad workers and firefighters free admission to the local parks and recreation facilities to show these volunteers that local government cares about their services. He asked that the Board continue to give these volunteers free County stickers for their vehicles.~ He also asked that the Board fund the Volunteer Resource position and continue funding the basic life support coordinator. Mr. Hood said he believes that the Board should also consider making funds available in the future for aerial firefighting and rescue service. He said the volunteers and County residents face an unacceptable level of risk of both life and property, because conventional firefighting and rescue equipment is often ineffective in the case of large buildings with many stories. Mr. Hood said the JCFRA recommends that aerial service he provided initially by extending the contract with the City of Charlottesville. He said he will have more details on this measure after meeting with staff. Mr. Hood asked that members of the JCFRA stand. About 20 members stood. Mr. Bowie said the Board will schedule a work ,session to discuss the recommendations of the JCFRA System Study after members have read the report. Ms. Martha Wood, President of the Albemarle Educational Association (AEA), addressed the Board. She said the AEA believes that the schools budget should reflect the growth in enrollment anticipated during 1990-91 and cost of living increases. After these imperatives are met, Ms. Wood said, she hopes there will be money left for some much-needed initiatives. Ms. Wood said the Board has received a report from Dr. Carole A. Hastings, Director of Personnel, concerning the status of classified employees in the schools division. She said the report is thorough and well-prepared and is backed up by testimony from members of the business community. Ms. Wood said she thinks the salaries recommended in this report for classified employees should be considered a minimum guideline. Ms. Wood said she has watched these employees receive pitifully small increases in salary over the years, which have resulted in these employees earning much smaller salaries than their counterparts in surrounding localities. She said that classified employees who are members of the AEA have said they would prefer to have all of their increase in vested salary. She said the merit increases are not vested and do not suffice to keep experienced, trained employees working for the County. She told of one classified employee who received a merit increase last year of only fifty cents a month. Ms. Wood said the County often loses trained employees to private industry or surrounding localities. She said the rate of attrition is 16 percent and the best way to halt this trend is to raise the salary scale for classified personnel, as recommended in Dr. Hastings' report. Ms. Helen Lockwood, President of the Meriwether-Lewis Elementary School PTO, addressed the Board. She said that education and the economy are con- nected: uneducated, illiterate people often cannot find or hold jobs, costing 272 21, 1990 (Regular Meeting) (Page 6) the state and localities money in social services, lost revenues, welfare and prisons. ~She said many local businesses are concerned about the quality of education received by those seeking employment. She quoted several local businessmen who expressed concern about the quality of education in the County. Ms. Lockwood said the quality of the schoOl system is crucial to attracting technology and industry to the County. She then read the following statement from Mr. David Parrish, Jr., President of the Michie Company: "Improving our public school system and thus improving the competency of our graduates would be of immense help to local business. Certainly, money spent on schools will provide handsome dividends in the future". Ms. Lockwood said quality education depends on good teachers and adminis- trators. If salaries are not competitive, the County will not be able to attract and retain qualified professionals. She said the attrition rate among County teachers is frightening. She said the salaries of administrators have not kept pace with the increases in teachers' salaries: there are some teachers who earn more than administrators. Ms. Linda Broadbent, First Vice-President of the Charlottesville-Albe- marle Chapter of the League of Women Voters, addressed the Board. She said the League appreciates being able to express its views early in the budget process; however, she asked that the Board try to allow at least three days between the presentation of the budget and the first public hearing in next year's budget schedule. She said the League is also pleased that the budgets for four departments are presented as zero-based budgets, so that the Board and public can immediately discern the level of service that results from varying expenditures. She thanked the County's staff, particularly Management Analyst Ms. Roxanne White, for their assistance. Ms. Broadbent said that members of the League,believe the Board should set its budget priorities at the very beginning oflthe budget process. These priorities should be explicitly related to the goa!s in the Comprehensive Plan. She said the League welcomes the Board's decision to make the Fiscal Resource Advisory Committee a standing committee, at least until December 31, 1990. The League also supports the Committee's recommendations that the County develop a five year financial plan and long~term financial forecasting. She said the League also supports the recommendations of the Solid Waste Task Force. Ms. Broadbent said the members of the League believe that the County will have to raise the real property tax rate by at least two cents in order to meet the needs of the County, including the payment of $1.4 million debt on the School bonds. Even with an increase of two cents in the tax rate, there would be no reserve contingency fund and many worthy items could not be funded. She suggested that the Board consider holding another referendum on the meals tax in November. Ms. Broadbent said there are many items in the proposed budget that appear to be underfunded. Based on the League's recent study of the regional library system, she would like to see the Library's request fully funded. The League also strongly supports a full-time staff Person for the Literacy Volunteers of America. The League is also concerned that no funding is recommended for United Way Child Care Scholarships, the Children and Youth Commission and for an intern to complete the ground water mapping project on which League members and others have spent so many hours in the past year. Ms. Broadbent said the members of the League are also concerned about the heavy workload placed upon staff in several County departments and the lack of funding for additional personnel. She said the League believes that County employees are often overworked and underpaid, and important County functions such as enforcing the Zoning Ordinance cannot be accomplished because of insufficient personnel. Ms. Broadbent said the League is grateful for the increased funding of the school system. While it may seem responsible of the School Board not to exceed the funding limit set by the Board, the League would prefer that the School Board advocate adequate funding to educate children, rather than settle for what seems politically necessary. Ms. Broadbent said the League is concerned about the lack of funding for principals' pay raises and guidance counselors in the elementary schools. March 21, 1990 (Regular Meeting) (Page 7) 273 Ms. Ann Causey, a representative of the Charlottesville-Albemarle chapter of the National Organization for Women (NOW), addressed the Board. She does not think that citizens have had enough time to review the budget and make responsible comments. She said that NOW supports an increase of two cents per one hundred dollars in the real property tax rate to cover the expansion of the school system. She said the quality of life in the County can be maintained only by imposing an adequate level of taxation. She said that members of NOW are pleased that the Outreach Counseling Services are recommended to be funded nearly at the requested level. She said that NOW is concerned that the County Executive has recommended that the United Way Child Care Scholarships not be funded. She urged the Board to fund fully the request from the Sexual Assault Resource Agency (SARA) in order to expand the education coordinator services to full-time and the victim services program. She also asked that the Board fund, to the highest level possible, the requests of the Shelter for Help in Emergency (SHE), the Central Virginia Child Development Agency (CVCDA), the Monticello Area Community Action Agency (MACAA), Region Ten Community Services, JAUNT, the~Albemarle Housing Improvement Program (AHIP) and JABA. Ms. Betty Newell, a resident of the Samuel Miller District, addressed the Board. She suggested that the Board consider sharing some services with the City, instead of limiting services because of limited revenues. She cited several examples of successful shared services, sudh as the Regional Library, the Health Department and JAUNT. She also asked the Board to consider sharing school services with the City. Mr. Doug Harris, a local educator and County property owner, addressed the Board. He said the County is obligated to provide the highest possible level of education for its children, without regard for race, gender, class, or physical condition. He said the County must educate its children so that they will be ready to take leadership positions in the technologically ad- vanced industry that the University of Virginia plans to bring to this area. Mr. Dave Moss, a human resources manager with Sperry Marine, addressed the Board. As the work force shrinks in the next ten years, he said, workers in all levels of industry will be asked to bring critical thinking skills and creativity to their jobs. These skills can be provided by a good system of education. Mr. Moss asked that the Board be as generous as possible to the system of education. He asked that the Board also,attend to vocational education. Ms. Joanne Grivey, former director of the Charlottesville-Albemarle chapter of the Literacy Volunteers of America, addressed the Board. She said that there are three levels of literacy services provided at the local level: Level 1 includes those adults reading at a fourth grade level; Level 2, adults reading at fifth through eighth grade levels; Level 3, adults with the reading skills necessary to begin preparing for the Graduation Equivalency Degree (GED). The mandate for teaching adults at Level 1 has been given by the State to private, volunteer organizations, such as the Literacy Volunteers of America. However, the State does not provide funding for services offered to Level 1 adults, while services for adults in Levels 2 and 3 receive funding from the state under the adult basic education program. She asked the Board to consider this shortage during the review of the budget. Ms. Angela Glomm, a representative of the Charlottesville-Albemarle Recycle Together Coalition, addressed the Board. She said the Coalition supports the recommendations of the Solid Waste Task Force. She asked that the Board approve the funding necessary to act upon these recommendations. Ms. Susan Brandley addressed the Board and said she has three children enrolled in public schools in the County and one child in private school. She said that nearly 100 people who appeared at the public hearing held by the School Board on the school budget supported an increase in taxes to fund an additional $2 million for education. She urged the Board to ask the School Board what the schools really need in the County. Since no one else wished to speak concerning the budget, Mr. Bowie closed the public hearing. (Note: The Board recessed at 9:06 P.M. and reconvened at 9:19 P.M.) March 21, 1990 (Regular Meeting) (Page 8) 274 Agenda Item No. 6. Public Hearing: To take public comments on the sale of Surplus Public Property known as the Old Greenwood Elementary School. (Advertised in the Daily Progress on March 13, 1990.) Mr. Perkins said the School Board declared Greenwood School surplus property in April, 1987, after the building had been empty for several years. This action transferred the ownership to the Board of Supervisors, which asked staff to consider uses for the property. Staff pointed out that the property could be considered for a housing facility, which would meet a public need. The property, however, lies in the rural areas and would require an amendment to the Comprehensive Plan and approval for rezoning, if it were to be used for a housing project. The lack of available public water and sewer would also hamper the property's use for multi-family housing. Mr. Perkins said the Board decided that it would seek public comments at a public hearing for ideas of the future use of the Greenwood School. Mr. Perkins said about 15 citizens spoke at this public hearing, held July 1, 1987. Most of the speakers asked that the rural character of the community be considered. Several speakers felt that housing for the elderly would be a satisfactory use for this property if the rural character could be preserved. The Board then asked the Building Committee to review the situation and recommend a use for the School. After having the property appraised, the Building Committee had the property advertised forlthirty days. Bids were taken on August 28, 1987, and all three bids fell Under the appraised value. Each bidder asked that the County guarantee such things as asbestos removal, zoning changes, expansion beyond the current building area and financial assistance. Since 1987 and during the latter part of 1988 and 1989, there were several efforts to market the property directly, which were complicated by changes in the federal income tax laws pertaining to the renovation of the building for housing. Finally, in October, 1989, a group showed interest in purchasing the school and renovating the building to house a private school. After several sessions with staff and the Building Committee, this group made an offer to purchase the School. The group has also requested leasing from four to eight classrooms at another school, either Rose Hill or Crozet Elementary, while the Greenwood School is being renovated. The group's offer met the legal require- ments and appears to be compatible with the rural community; therefore, the Building Committee has recommended that the County accept the offer. Because this sale is a disposal of publicly owned property, the Board is conducting a public hearing tonight. Mr. Perkins then outlined the contract, which is set out in full below. Mr. Bowie opened the public hearing. Mr. George Ellinger, a resident of Greenwood, ~said he supports the sale of the Greenwood School, and he knows of many residents in the area who feel the same way he does. Since no one else wished to speak concerning the sale of the Greenwood School, Mr. Bowie closed the public hearing and placed the matter before the Board. Motion was immediately offered by Mr. Perkins and seconded by Mrs. Humphris to authorize the Chairman to sign the following contract with the Marthe Robin Catholic School. Roll was called and .the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins Mr. Way. NAYS: None. Mr. James Desmond, a representative of the Marthe Robin Catholic School, addressed the Board. He thanked members of the Board and staff for their help and said he hoped to make the School a cornerstone of Albemarle County. March 21, 1990 (Regular Meeting) (Page 9) 275 THIS AGREEMENT, made this day of , 1990, by and between MARTHE ROBIN CATHOLIC SCHOOL, a Virginia non-profit tax-exempt corporation, hereinafter referred to as "Buyer" of the first part, and the COUNTY OF ALBEMARLE, VIRGINIA, hereinafter referred to as "Seller" of the second part, WITNES SETH: That the Buyer agrees to buy and the Seller agrees to sell the hereinafter described real property upon the terms and conditions set out below: 1. Property. Ail that certain lot or parcel of land in Albemarle County, with all improvements and appurtenances, shown as Parcel 54 on Tax Map 54, and known as Greenwood School Property, and being the same property which was subject to a resolution of the County School Board of Albemarle County under date of March 24, 1987 and of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 930, page 712, which resolution declared the subject property surplus, and which resolution under the terms of Virginia Code Section 22.1-129 vested title to the subject property in the County of Albemarle, Virginia. The subject property is also the same property which was conveyed to the School Board of Samuel Miller District of the County of Albemarle by deed of Wills Johnson, dated January 17, 1920 and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 172, page 459. Such property will be conveyed by special warranty together with all appurtenances and rights pertaining thereto, and along with all furniture and equipment located on the premises at the time of execution of this contract. The property will be conveyed subject to any easements or conditions presently of record and affecting the same, provided such do not prohibit the improve- ment of the property for purposes of a school~ 2. Consideration. Buyer agrees to pay $150,000 for the above-described property, payable as follows: the sum of $15,000 to be paid in cash at delivery of deed; the balance of $135,000 to be evidenced by a promissory note of the Buyer, secured by a first lien deed of trust, payable as follows: $15,000 one year from delivery of deed, and $40,000 per year thereafter for three years with the entire unpaid balance due on the fourth annual anniversary after delivery of deed. There shall be no interest on the deferred purchase money. 3. Condition of Premises. The subject ~property is sold as is, with no warranty whatever as to the condition of the premises. The cost, if any, of removal of asbestos shal~ be borne by the Buyer. 4. Buyer's Obligation to Purchase. The property is subject to Buyer's ability to obtain zoning clearance !for use of the property as a private school. 5. Risk of Loss. Risk of loss shall be on the Seller until transfer of title. After transfer of title, Buyer shall provide Seller with evidence of hazard insurance in effect, which shall adequately protect Seller's interest as long as there is any unpaid balance of deferred purchase money. 6. Closing. Delivery of the deed, note and deed of trust and the cash payment shall take place at the County Office Building, 401 McIntire Road, Charlottesville, Virginia, 22901, on or before sixty (60) days from execution of this contract, or at such other time and place as may be agreed to by the parties. March 21, 1990 (Regular Meeting) (Page 10) 276 7. Special Conditions. a. No earnest money is being required at the execution of this contract, but in the event Buyer is unable to close within sixty (60) days from the execution hereof, due to factors beyond control of Seller such as, but not limited to, delay in Buyer's obtaining tax exempt status or delay in Buyer's obtaining financing, then at its option, Seller may declare this contract null and void or may require a deposition of earnest money from Buyer in such amount as Seller in its sole discretion may deed reasonable, and in the latter event the time of performance shall be extended to such later closing date as may be mutually agreeable to the parties. b. Buyer shall have forty-five (45) days after execution of contract, to obtain assurance from a certified architect that the building is structurally sound so as to be feasible for a private school, and that the well and septic systems are sound. If such assurance cannot be obtained, Buyers shall have the option to rescind this contract. c. If the estimated costs to remove asbestos in the building exceed $50,000.00, the Buyers shall have the option to rescind the contract. 8. Seller agrees to make available four (4) to eight (8) classrooms in either Rose Hill Elementary or Crozet Elementary School until the renovation of Greenwood is completed; however, the parties recognize that final decision as to the availability of these rooms must be made by the School Board Of Albemarle County. Agenda Item No. 7. SP-90-01. Michelle Mattiole. To allow a day care to be located on 1.775 acres, zoned R-4, Residential. Property, described as Tax Map 76, Parcel 15A is located on the north side of Rt. 702, three-tenths of a mile west of the U.S. Route 29 Bypass. Samuel Miller District. (Advertised in the Daily Progress on March 6 and March 13, 1990.) Mr. Cilimberg gave the staff report as follows: "Applicant's Proposal: The applicant has submitted a letter describ- ing the request and justifications. The center will operate from Monday thru Friday. A total of 37 children will be enrolled from September through May. A summer program will operate from mid-June to mid-August and will provide care for 25 children. A more complete description of enrollment is provided on page three of Attachment A (on file). Summary: Staff has reviewed this site for compliance with Section 31.2.4.1 of the Zoning Ordinance. Staff opinion is that with condi- tions, this request will be in compliance with the purpose and intent of the Ordinance and that the character of the district will not be changed. Therefore, staff recommends approval of SP-90-01. Staff Comment: The site is currently developed with two dwellings. The applicant intends to utilize the dwelling nearest Route 702 as a day care. The second unit will be a rental un'it. While not located within an established subdivision, this petition does represent conversion of a dwelling to a purely commercial use within a resi- dential area. Commercially zoned properties are located in proximity to this site. Staff has reviewed the sketch plan submitted by the applicant. The Virginia Department of Transportation has stated that the existing entrance does not have adequate sight distanceI. Obtaining adequate sight distance will require the clearing of vegetation, some of which is not controlled by the applicant. For that reason, staff will recommend that the applicant obtain and plat sight easements prior to the commencement of the day care activity. In addition, staff will recommend that adequate sight distance be obtained prior to the commencement of activities on the site. Route 702 is currently non-tolerable. The applicant has proposed additional plantings March 21, 1990 (Regular Meeting) (Page 11) 277 adjacent to the property to the east. During review of the final plan, staff may recommend additional plantings. Review of the plan has indicated that while the application plan does not meet the minimum requirements for a preliminary plan, the plan does provide sufficient information for review. Staff will request administrative review of the final plan based on the level of review conducted on the sketch plan. The Fire Official, after review of this site, has noted some items which must be addressed and has made recommendations on other items of concern. Staff will recommend that all requirements and recommenda- tions included in Attachment B be complied with prior to the commence- ment of activities on this site. This site is currently served by private well'and septic system. Verbal discussions with the Health Department have indicated that suitable area exists for the establishment of.septic drainfields to serve the proposed use. However, the Health Department will require connection to public water. The distance to the nearest public sewer line'is approximately400 feet. The Planning~Commission must deter- mine if public sewer is reasonably available (reference Section 32.7.5.1). If the Commission determines that~public sewer is reasona- bly available, staff will require that the site be connected to public sewer. Staff opinion is that this request complies with Section 31.2.4.1 of the Zoning Ordinance. Therefore, staff recommends approval of SP-90-01 for Michele Mattioli subject to the following conditions: Recommended Conditions of Approval: Enrollment will be limited to 12 children in the two-year old class and 25 children in the 3-6 class from September thru May. Mid-June to mid-August enrollment shall be limited to 25 chil- dren; Not fewer than two employees shall be present at all times during operation of day care center; Fire Office approval to include compliance with all requirements and recommendations listed in the December 22, 1989 letter to Michele Mattioli from Jay Schlothauer; Compliance with Virginia Department of Transportation comments of February 20, 1990; 5. Staff approval of plat showing required Sight easements; 6. Health Department approval of septic system; 7. Connection to public water; Compliance with Section 5.1.6 of the Zoning Ordinance which states: No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful non-compliance of this ordinance; Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful non-compliance with the provisions of this ordinance; March 21, 1990 (Regular Meeting) (Page 12) 278 These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state, or federal agency. Staff approval of final site plan to be in general accord with sketch plan prepared by Frederick Schneider dated January 18, 1990. Staff may recommend additional plantings and relocation of recreation area at the time of final site plan review." Mr. Cilimberg said the Planning Commission, at its meeting on March 6, 1990, recommended by a vote of five to two to approve SP-90-01 subject to the conditions set out in the staff's report, amending the first condition to read: "Enrollment shall be limited to 37 children" Mrs. Humphris noted that the staff report states: "Review of this plan has indicated that while the application plan does not meet the minimum requirements for a preliminary plan, the plan does provide sufficient informa- tion for review". She asked Mr. Cilimberg to exp!ain this statement. Mr. Cilimberg said that this application does not meet all the requirements of the Zoning Ordinance, but staff believes the application does meet the intent of the preliminary plan requirements. Rather than require the applicant to submit another preliminary plan, Mr. Cilimberg said, this application could be accepted as basically meeting the preliminary plan requirements, if the Board approves the special use permit. Mrs. Humphris asked if this property would revert to its original zoning if the school were to close down and vacate the property. Mr. Cilimberg said the special use permit applies to the property, not the owner: another property owner could use this special use permit, if it is approved, for a school. The conditions of the special use permit would apply as well. Mr. Bain asked how close the nearest public sewer line is to this prop- erty. Mr. Cilimberg said there are two possible p~oints of connection for the sewer line, one of which will not become available for 18 months. It is not certain yet which alignment will be used. The existing septic system cannot be used by the school. Ms. Mattioli does not want to have a new drainfield built because that would involve destroying a large, wooded area. Mr. Cilimberg said that connecting to the existing public sewer, rather than waiting 18 months for the new connection, would be expensive forthe appli- cant. Mr. Bain asked if the rental unit on the property would be used as a single-family dwelling. Mr. Cilimberg said "yes" and suggested that a condi- tion be added to insure that this is how the building would be used. Mr. Bowie opened the public hearing and asked the applicant to speak. Ms. Michelle Mattioli, Director of University Montessori School, addressed the Board. She said the School was founded in 1978 to provide the highest possible quality education for children from two to six years old. For the past 12 years, the School has been leasing space from the Wesley Memorial Methodist Church in Charlottesville. This lease will expire 3une 1, 1990. She said she has tried to comply with the COunty's land use regula- tions, because she believes that they are important. She also believes in the importance of a good education. She said that 28 people supported the request for the School at the Planning Commission's meeting. She asked everyone present tonight who supported the request to raise their hands. About 24 people did so. Mr. Bain asked if the applicant would object to a condition restricting the use of the second unit to single-family, residential use. Ms. Mattioli said "no". Mr. Bain asked if both buildings would be connected to public water. Ms. Mattioli said that both buildings would have to be connected to public water, because the size of the septic field she has to build will take up the space currently used by the well. March 21, 1990 (Regular Meeting) (Page 13) 279 Mr. Bowie said he thought there was some question about whether the applicant would have a septic field built or connect to the public sewer. Ms. Mattioli said she would now prefer to have the septic field built. She said she has met with representatives of the Albemarle County Service Authority several times, and has learned that the nearest sewer line is 1000 feet from the property. At $8.00 per foot, plus the $919 hookup fee, the cost of connecting to the sewer line would be $10,000, which Ms. Mattioli said is far more than she can pay. She said she is not happy about having to cut down the trees for a septic field, but she plans to replant.them. Ms. Cindy Burchier addressed the Board and said she has had children enrolled in this Montessori School for the past five years. She urged the Board to grant the special use permit and said the School has always been a responsible member of the community. She said this is an opportunity for the Board to show its support for good and affordable Pre-school education. Mr. Herbert Braun, Associate Professor of History at the University of Virginia and father of two children enrolled in the Montessori School, ad- dressed the Board. He said the Montessori system teaches children self- motivation and to have confidence in themselves. Since no one else wished to speak concerning this special use permit, Mr. Bowie closed the public hearing and placed the matter before the Board. Mr. Bain said he thinks a condition should be]added stating that "the A-frame be limited to single-family, residential use". He then offered motion to approve SP-90-01 subject to the conditions recox~ended by the Planning Commission, with the tenth condition just mentioned. Mrs. Humphris seconded the motion. 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 conditions of approval are as follows: 1. Enrollment shall be limited to 37 children; Not fewer than two employees shall be present at all times during operation of day care center; Fire Office approval to include compliance with all require- ments and recommendations listed in the December 22, 1989 letter to Michele Mattioli from Jay Schlothauer (copy on file); Compliance with Virginia Department of Transportation comments of February 20, 1990; 5. Staff approval of plat showing required sight easements; 6. Health Department approval of septic system; 7. Connection to public water; Compliance with Section 5.1.6 of the Zoning Ordinance which states: No such use shall operate without ii,ensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/ operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful non- compliance of this ordinance; 21, 1990 (Regular Meeting) (Page 14) 280 Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful non-compliance with the provisions of this ordinance; These provisions are supplementary and. nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Mar- shal, or any other local, state, or federal agency; Staff approval of final site plan to be in general accord with sketch plan prepared by Frederick Schneider dated January 18, 1990. Staff may recommend additional plantings and relocation of recreat'ion area at the time of final Site plan review; 1-0. The A-frame is limited to single-family, residential use." Agenda Item No. 8. SP-90-~3. William A. Davis. To locate a single wide mobile home on property described as Tax Map 81, Parcel 24. Property located approximately one-fourth mile on a private easement off of the west side of Rt. 799, approximately three miles from the intersection of Rt. 250 East and Rt. 799. Rivanna District. (Advertised in the Daily Progress on March 6 and March 13, 1990.) Mr. Cilimberg gave the staff report as follows: "Character of the Area: The property, described as Tax Map 81, Parcel 24, is located approximately one-fourth mile on a private easement off of the west side of Route 799 and approximately three miles from the intersection of Route 250 East and Route 799 in the Rivanna District. The site is zoned RA, Rural Areas, as are the surrounding properties. There is one other mobile home within a one mile radius. No dwellings are visible from the property. Staff Comment: The proposed mobile home is to be located~approxi- mately 150 feet from the existing easement and is screened from the easement by existing deciduous vegetation and topography. The mobile home is to be located at the edge of the existing woods. One letter of objection has been received whidh states in part that the property owned by the applicant serves largely as a rubbish dump. A zoning inspection concluded that the property in question is not controlled by the applicant and is located in Louisa County. A second concern noted is in regard to legal access to the property. The attached plat indicates that the property does have a deeded access. The issue of the legality of access applies to the property and not the nature of the use of the property and should be resolved by the disputants. (This statement is reflective of the Planning Commission's position in the past). The applicant has stated that the proposed mobile home is to be used by William Davis as a permanent residence. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions: Recommended Conditions of Approval: 1. Albemarle County Building Official approval; o Conformance to all area, bulk and other applicable requirements for district in which it is located; Skirting around the mobile home from ground level to base of mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; March 21, 1990 (Regular Meeting) (Page 15) 281 Provision of potable water supply and sewerage facilities to the satisfaction of the zoning administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; Maintenance of existing vegetation. Landscaping and/or screening to be provided to the satisfaction of the zoning administrator. Required screening shall be maintained in good condition and replaced if it should die; 6. Mobile home is not to be rented; Special use permit is to be issued for use by William Davis and his family only." Mr. Cilimberg said the Planning Commission, at its meeting on March 6, 1990, unanimously recommended approval subject to the conditions set out in the staff report. Mr. Bowie opened the public hearing. Mr. William Davis, the applicant, addressed the Board. He said he agrees with the conditions recommended by the Planning Commission and offered to answer any questions. Since no one else wished to speak concerning this request, Mr. Bowie closed the public hearing and placed the matter before the Board. Motion was immediately offered by Mr. Bain and seconded by Mr. Perkins to approve SP-90-03, subject to the conditions set forth 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. 1. Albemarle County Building Official approval; Conformance to all area, bulk and other applicable requirements for district in which it is located; Skirting around the mobile home from ground level to base of mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; Provision of potable water supply and sewerage facilities to the satisfaction of the zoning administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; Maintenance of existing vegetation. Landscaping and/or screen- ing to be provided to the satisfaction oC the zoning adminis- trator. Required screening shall be maintained in good condi- tion and replaced if it should die; 6. Mobile home is not to be rented; Special use permit is to be issued for us~ by William Davis and his family only. Agenda Item No. 9. SP-90-08. Riverbend Limited Partnership. The applicant is proposing to locate a veterinary clinic in the Pantops Shopping Center. Property, described as Tax Map 78, parcel 17D, is zoned PD-SC, Planned Development-Shopping Center. Rivanna District. (Advertised in the Daily Progress on March 6 and March 13, 1990.) March 21, 1990 (Regular Meeting) (Page 16) 282 Mr. Cilimberg gave the staff report as follows: "Summary: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and is of the opinion that this request is consistent with the purpose and intent of the Zoning Ordinance and that the character of the district will not be changed. Staff Comment: Section 5.1.11 of the Zoning Ordinance provides for certain measures to protect the public health and welfare. These specific conditions are: Separate building entrance and exit to avoid animal conflicts. Area for outside exercise to be exclusive from access by the public by fencing or other means. The applicant has submitted information concerning the above regula- tions (on file). The applicant is not proposing an outside exercise area at this time. Staff would require additional information in order to determine the suitability of the exercise area mentioned in the applicant's letter. Staff recommends that any outside exercise area be reviewed as an amendment of this special use permit. The applicant has addressed the issue of separate entrance and exits. Staff opinion is that the building design is such that adequate visibility exists to prevent animal conflicts. Therefore, staff does not recommend a condition requiring a separate entrance and exit. Staff has reviewed this proposal for compliance with Section 31.2.4.1 of the Zoning Ordinance and is of the opinion that this request is consistent with the purpose and intent of the Zoning Ordinance and that the character of the district will not be changed. Therefore, staff recommends approval of SP-90-08, Riverbend Limited Partnership, subject to the following conditions: ~ Recommended Conditions of Approval: There shall be no outside exercise area without amendment of this special use permit; 2. Use shall be limited to 388 Pantops Center; Noise measured at the nearest agricultural or residential lot line shall not exceed forty (40) decibels; 4. No animals are to be confined outside." Mr. Cilimberg said the Planning Commission, at its meeting on March 6, 1990, unanimously recommended approval of SP-90-08 subject to the staff's conditions, amending #1 to read: "There shall be no outside exercise area". Mr. Bowie said he remembers that a fifth condition was required in the case of another veterinary clinic, which prohibited the clinic from boarding animals overnight, unless the animals were being treated. He asked why this condition was not recommended for this veterinary clinic. Mr. Cilimberg said that staff simply did not consider such a condition in this case. Mr. Bowie opened the public hearing. Mr. Don Wagner was present to represent the applicant. He offered to answer any questions from members of the Board and the public. Mr. Bowie asked Mr. Wagner if the applicant planned to board animals at the clinic. Mr. Wagner said he thinks the office is too small to make board- ing animals likely. Mr. Bowie asked if Mr. Wagner would object to a condition prohibiting the boarding of animals, except for medical treatment. Mr. Wagner said "no". March 21, 1990 (Regular Meeting) (Page 17) 283 Dr. Charles Wood, a veterinarian in the City of Charlottesville, ad- dresses the Board. He said he supports the idea of having veterinary clinics in shopping centers. However, since there is no veterinarian prepared to set up practice in the office in the Riverbend Shopping Center, Dr. Wood said, he thinks this request for a special use permit is speculatory. He said that veterinarian clinics vary and each has special problems that require special attention. He listed the following types of small-animal clinics: cat clinics, exotic animal practices, spay clinics, emergency clinics, out-patient clinics and full-service clinics. He thinks it would be unwarranted at this time to approve a special use permit without knowing more about the veterinarian practice that will occupy this office. Dr. Wood said that radiation from the X-Ray machines used by veterinari- ans presents a risk to pedestrians and neighboring businesses in a shopping mall. He said he was required to shield his X-Ray, machine from the business beneath his office with four inches of concrete, a layer of lead, and then another four inches of concrete. He said the walls surrounding the X-Ray machine in his office must also be lined with lead to protect his employees. Dr. Wood said the Board should also consider how the proposed clinic would dispose of dead animals. He said the SPCA will pick up dead animals until 2:00 P.M, after that, the bodies must be kept at the clinic overnight. Me said there are ways to solve this problem and he thinks the applicant should address them. Dr. Wood said there are also requirements for~isolation rooms in veteri- nary hospitals. He read the following from the Veterinary Board of Medicine Requirements: "accommodations allowed for the effective separation of conta- gious and non-contagious patients by July 1, 1989. As a minimum, there shall be a room that can be accessed without the animal passing through another animal ward or holding area". For this reason, Dr. Wood said, he was asked to submit a site plan and a floor plan to show how contagious animals would be kept apart from non-contagious animals. Dr. Wood then referred to the third condition recommended by the Planning Commission, which limits the noise at the nearest ~esidential or agricultural lot to 40 decibels. Dr. Wood said the noise level,at adjacent offices should also be considered. He said a dog's bark measureslabout 96 decibels. If the Only barrier to this noise is an eight-inch cinderblock and a layer of sheetrock, about 46 decibels will pass through to the adjacent office. Dr. Wood then quickly summarized the following points he believes should also be addressed in the application for the special use permit: adequate air flow to keep the animals from overheating; the treatment of animals outside; the proximity of the proposed clinic to a pet shop and the possibility for the spread of infectious diseases; urination and defecation on sidewalks and the effect this may have on the restaurant next-door; sewage requirements; water supply requirements; disposal of X-Ray chemicals, tissue, and sharp instru- ments; and a place to walk the animals, since there are no outside runs. Dr. Wood reiterated that he supports locating veterinarian clinics in shopping centers. But, he said, the special use permit should be approved for a specific veterinarian and clinic and the areas he mentioned should be addressed. Mr. Wagner quoted a statement made earlier by Mr. Cilimberg, that "spe- cial use permits go with properties, not with individuals". He said he has not had any experience with veterinary clinics, but he has worked with chiro- practor clinics and other medical clinics. He said!there are regulations that govern the operation of veterinary clinics and he is sure the Board does not wish to handle something that is already handled by another agency. Since no one else wished to speak concerning this application, Mr. Bowie closed the public hearing and placed the matter befOre the Board. Mr. Bowie asked Mr. Cilimberg if the County's regulations take care of the problems mentioned by Dr. Wood, such as the emission of radiation. Mr. Cilimberg said he does not know what the Building Inspector would require before issuing a certificate of occupancy. March 21, 1990 (Regular Meeting) (Page 18) 284 Mrs. Humphris asked if it is customary to approve special use permits in the absence of the person who would be conducting the business. Mr. Cilimberg said the Riverbend Limited Partnership has been the applicant since this process began, however, The Partnership no longer has a specific veterinarian as tenant for the building. Mrs. Humphris asked if staff considered any of the problems mentioned by Dr. Wood. Mr. Cilimberg said the staff addressed the problem of where to exercise the animals. If the veterinarian requires an outside exercise area, he or she could ask for an amendment to the special use permit. Mr. Bain said some of the areas mentioned by Dr. Wood should be addressed in agreements between the landlord and tenant and the regulations of the Health Department and the County's Department of Inspections. He does not believe the special use permit, which is concerned!with the issue of land use, should deal with some of these details. Mr. Bain ~aid he will support defer- ring action on this request, but he does not think~any special use permit will address all the problems mentioned by Dr. Wood. Mr. Bowie said he supports deferring this request, because he would like to know which agency will handle the problems outlined by Dr. Wood. Mr. Bowerman said the circumstances of this request are the same as other requests approved by the Board, except possibly the proximity of the pet store to the proposed clinic. He said the Health Department and the Albemarle County Service Authority also set regulations that the proposed clinic would have to satisfy. He said the problems associated with the proposed clinic are shared by other medical practices, such as the offices of physicians, podia- trists and chiropractors. He supports deferring action on this request and suggested that staff consider these problems as pact of the medical practice as a whole and determine whether these problems are addressed by County regulations. Motion was offered by Mr. Bowerman and seconded by Mr. Bain to defer action on this request until April 18, 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. Agenda Item No. 10. ZMA-90-01. Greenbrier Square Limited Partnership. Proffered request to amend ZMA-84-32 and ZMA-85-18 in order to allow a Fast Food Restaurant. Property, zoned HC, Highway Commercial, described as Tax Map 61W, Section 1, Block A, Parcel 5, is located on the north side of Greenbrier Drive in Greenbrier Square. Charlottesville District. (Advertised in the Daily Progress on March 6 and March 13, 1990.) Mr. Cilimberg gave the staff report as follows: "Applicant's Proposal: The applicant is propasing to locate a pizza delivery service in the Greenbrier Square site. No seating will be provided, however, customer carry-out will be accommodated. A more complete description of the request has been Provided by the appli- cant. The applicant's proffers limit the uses: to those approved with ZMA-85-18 and fast food restaurant with limits as to use. Summary: Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and recommends approval of ZMA-90-O1 with acceptance of the applicants proffers. Staff Comment: During earlier rezonings of this property (ZMA-84-32 and ZMA-85-18) uses were limited by applicant's proffers. Those uses currently allowed are found in Attachment B (on file). The uses retained were designed to limit heavy traffic uses so as not to substantially increase traffic on/and turning movements from Route 29 to Greenbrier Drive. The proposed fast food restaurant is a high traffic generator. The applicant has submitted a description of the traffic generated by the previous occupant of the site. The previous applicant generated a substantial amount of delivery traffic which is in some respects similar to the applicant's traffic patterns. There- fore, staff is of the opinion that the proposed use will not generate March 21, 1990 (Regular Meeting) (Page 19) 285 substantially more traffic than the previous user. This site is reCommended in the Comprehensive Plan for Community Service. The purpose and intent of this designation is to provide durable goods, general retail and service. The Zoning of this property prior to ZMA-84-32 was C-i, Commercial. This zoning designation allowed for Eating Establishments 22.2.1b.14. This request is proffered so as to limit its use to off-site consump- tion only. The applicant has proffered the following: Used for food distribution off premises 0nly. Ancillary use of retail pick-up or carryrout only. No consumption of food on premises. No seating on premises. Staff opinion is that the applicant's proffers limit the use in a manner so as to provide more adequate parking and maintain a similar level of traffic as the previous occupant. Therefore, staff recom- mends approval of ZMA-90-01 Greenbrier Square with the addition of Fast Food Restaurants to the list of permitted uses approved with ZMA-84-32 and ZMA-85-18 and the acceptance of the applicant's proffers to govern fast food restaurant: Used for food distribution off premises Only. Ancillary use of retail pick-up or carry-out only. No consumption of food on premises. No seating on premises." ~ Mr. Cilimberg said the Planning Commission, at its meeting on March 6, 1990, unanimously recommended approval subject to proffers as set out in the staff report. Mr. Bowie opened the public hearing. Ms. Bruce Murray, Manager of Greenbrier Square, addressed the Board. She said she has worked with staff to develop a plan she thinks is acceptable to all parties. She said she agrees with the recommendations in the staff's report and offered to answer any questions. Since no one else wished to speak concerning this request, Mr. Bowie closed the public hearing and placed the matter before the Board. Motion was immediately offered by Mr. Bowerman and seconded by Mrs. Humphris to approve ZMA-90-01, subject to the four proffers listed in the staff's report. 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. 11. Presentation of the JefferSon Country Fire and Rescue Association Reports. Mr. Bowie said this item would be be taken up at a later date. Agenda Item No. 12. Report on Recommendations of the Solid Waste Task Force. Mr. Tucker gave the following report: "In December of 1989, the Charlottesville/Albemarle Solid Waste Task Force presented its findings and recommendations to the City Council and Board of Supervisors. Since that time the staffs have been working to develop an implementation plan for the recommendations. The following is a status report on that work. TIPPING FEES - The City and County solicited proposals for the devel- opment of a tipping fee structure to cover all components of the waste stream. In addition, the jurisdictions desired to have an independent March 21, 1990 (Regular Meeting) (Page 20) 286 evaluation of the current cost allocation for operating and capital costs between the City and the County. Proposals have been received and are under review, and the proposed fee study should be completed by the end of May. For purposes of budget development for Fiscal Year 1990-91, some preliminary estimates have been made by the staff for the currently charged fees for inert materials and tires. The proposed budget also recommends a new chipping fee be established to cover the costs of operating the new wood chipping program. The new computerized scale equipment was placed into service in December. This equipment is capable of handling a complete tipping fee billing system with varying fees for each element of the waste stream. SOLID WASTE AUTHORITY - The task force recommended either the expan- sion of an existing authority or creation of a new authority to assume responsibility for all waste management activities except collection. The staff is recommending that a Rivanna Solid Waste Authority be established that duplicates the current Rivanna Water and Sewer Authority (RWSA) Board and administrative structure. We think this proposal will allow better administrative coordination of the solid waste disposal programs as they move from the City and County to the Authority. We also are convinced that a Rivanna Solid Waste Author- ity, as is being proposed, would result in administrative savings, and avoid the costly creation of a totally new authority. It is also suggested that a Solid Waste Advisory Committee be established (could be the recent Solid Waste Task Force members, and/or others) to act as an advisory committee to the Authority on Solid Waste issues. The Solid Waste Advisory Committee could work much like the Planning Commissions do in both jurisdictions to provide advice and review recommendations for the governing body. We believe the City Council and the Board of Supervisors ought to make a decision in the near future to create an authority. If Rivanna is selected, the new recycling education program proposed in the b~dget could be supervised by the Rivanna Authority beginning July 1. OFFICE OF RECYCLING - The Task Force recommended the establishment of an Office of Recycling to develop and implement an educational program for the entire community and provide technicai assistance to large waste generators and commercial establishments. Funds to hire the first personnel for this office are included ~n the budget submission for the Ivy Landfill, with funding to be shared equally by the City and County. If approved during the budgeting ~process in April, preliminary advertising, interviewing and hiring could proceed during May and June with the program actually beginning in July. RECYCLING PROGRAM - The task force recommended instituting a mandatory recycling program for all residential, commercial and institutional establishments. The City staff has developed a proposed model curb- side recycling program, which, if funded, could begin in the summer of 1990, serving 1000 households. This will be ~ demonstration project to begin a neighborhood recycling effort that reflects the Solid Waste Task Force approach to recycle through a curbside comingled program. This begins the process of educating our citizens on separation of trash for curbside recycling. A draft copy of the proposed program is attached. WOOD CHIPPING OPERATION - The task force recommended establishing a wood chipping operation to reduce the volume of inerts going into the landfill. Specifically, the proposal is to reduce the volume of wood logs and stumps going into the landfill, which is estimated to be more than 20 of the total landfill volume each year~ By chipping, the volume the wood is reduced by half and creates wood chips that have the potential for use in a number of ways. Funds to implement the program were included in the budget submission for the Ivy Landfill. If approved during the budgeting process, the program could begin as soon as the necessary equipment is obtained. NON-REGULATED INERT LANDFILL - The task force recommended creation of a non-regulated inert landfill for appropriate materials to decrease the volume of inert material being received at the Ivy Landfill. The staffs continue to investigate possible sites for this operation. A suitable site has not been found. March 21, 1990 (Regular Meeting) (Page 21) 287 PURCHASE ADDITIONAL LANDFILL SPACE - The task force recommended purchasing additional landfill space for future needs. The staffs have examined the County's current zoning regulations to determine those locations which have the appropriate zoning for a landfill. Several possible sites are currently under investigation. HAZARDOUS WASTE MANAGEMENT PROGRAM - The task force recommended developing and implementing a comprehensive hazardous waste management program. The City has received proposals fora Household Hazardous Waste Disposal Day, and the City is planning for a collection day. Funds for a joint City/County Household Hazardous Waste Disposal Day were included in the budget submission for the Ivy Landfill for next fiscal year, so that a community-wide cOllection program would be held. LANDFILL REGULATORY MANDATES - A recent engineering study for the Ivy Landfill operation has been conducted to determine the future landfill expenditures to meet state regulatory requirements. These are re- quirements which under the current regulations require that we meet the new state solid waste regulations by 1992~ The cost for con- struction and closUre of the cells at the Ivy!landfill, as the state regulations now exist, are projected to be over $10 million over the next two to three years. Significant new funds will be required to meet the regulatory requirements, prior to the initiation of other solid waste programs such as recycling. A copy of the future landfill expenditures is attached. RECOMMENDATIONS AND STRATEGY: The staffs are recommending that the City and County proceed with the recommendations of the Solid Waste Task Force as follows: 1. April - June, 1990 Actively pursue the establishment of the Rivanna Solid Waste Authority, to be responsible for the disposal and material recovery programs of the City and County. The City and County will continue to work towards a collection philosophy that includes recycling. The program costs will be paid by a fee structure charged to the users of the programs. Once the Rivanna Solid Waste Authority is established, appoint a Solid WasCe Advisory Committee to work with the authority in developing the solid waste recycling and disposal program for the community. City/County consider approval of Ivy landfill~budget to include recycling education program, wood chipping program, new solid waste fees, household hazardous waste collection program, meeting state regulations, etc. 2. July 1, 1990 - City and County will implement the Ivy Landfill budget recommendations (if approved by the Council and Board) which provides for the establishment of the following Solid Waste Task Force recommendations: Recycling Education Program; Wood chipping operation, new fee proposed; and the Household hazardous waste collection program. 3. July 1, 1990 (or as soon as legally practical) - Rivanna Solid Waste Authority established 4. Summer, 1990 - Volunteer curbside recycling demonstration pro- gram(s) developed and implemented. The city proposal includes 1000 homes in a curbside recycling collection program. 5. Fall, 1990 Spring, 1991 Recycling education program to the community. The Authority would be charged with the development of an implementation plan and financing package for future solid waste efforts. The implementation would include the second phase of the recycling programs including: development of a city/county full-scale recycling program, investigation of the potential for a local material recovery facility (MRF), plan to meet state solid waste regulations, etc. 6. Summer, 1991 - Implement the Authority's solid waste plan. March 21, 1990 (Regular Meeting) (Page 22) STATUS REPORT ON SPECIFIC SOLID WASTE TASK FORCE RECOMMENDATIONS (as per December, 1989 Report, page 15, "recommendations") Summary 288 Recommendation Status 1. Apply tip fees Fee study underway with April - May completion date 2. Authority created or expand existing authority Staff recommendation to create Rivanna Solid Waste Authority out of existing Rivanna Authority 3. Establish Office of Recycling Recycling education program proposed to begin July, 1990 4. Mandatory collection committee Would await creation of a in each locality mandatory recycling program 5. Build MRF Need to have community-wide mandatory recycling program established to make MRF feasible (public-vs. private) 6. Institute mandatory recycling program Authority to develop the plan for implementing and financing 7. Authority illegal dumping County legal issue 8. Expand leaf and yard waste composting capability new City currently has program, Authority to evaluate community-wide program 9. Establish wood chipping operation Proposed in budget, July 1 10. Create inert landfill Sites being explored, none yet located 11. Purchase additional landfill space City and County staffs exploring Possible sites 12. Develop hazardous waste management program Authority to explore 13. Authority monitor new solid waste technologies yearly report Authority to be responsible 14. Solid Waste Task Force remain in existence Staff recommending that the Task Force members be considered for appointment to the Rivanna Authority Solid Waste~Advisory Group 15. Continuing the landfill operation to be environ- mentally responsible and to continue to meet state solid waste recommendations Staff recommending this 15th item be added to the list of recommendations, and be pursued by the City/County Mr. Bain said he has many questions about modifying the Rivanna Water and Sewer Authority to serve as the Rivanna Solid Waste.Authority and how the University of Virginia will work with the established authority. He suggested that staff meet with the Solid Waste Task Force to discuss the details of implementing these recommendations. Then the Board could discuss this subject in detail at a work session with the Solid Waste Task Force. March 21, 1990 (Regular Meeting) (Page 23) 289 Mr. Bowie said he believes that it is necessary to create a Solid Waste Authority in order to implement the Task Force's recommendations. He said he would prefer that the Board authorize the creation of such an Authority now, rather than delay any longer. He thinks staff should be allowed to proceed with the first steps in creating this Authority. Mr. Bain said he thinks the Board should discuss the structure of this new Authority. Mr. Bowerman said he agrees with the concepts presented in Solid Waste Task Force report; however, he would like to reserve judgment until there are implementation plans for each recommendation. He suggested that staff gather some information on the formation of a Solid Waste Authority and the advantages and disadvantages to the various ways this Authority might be organized. Staff could then meet with the Board during the meeting on April 11, 1990, to discuss the alternatives. This could'be coordinated with the City. Mr. Bowerman added that he is pleased with the recommendation that the City and County hold a Hazardous Waste Clean-up Day. He said hazardous waste has been often overlooked and he is glad the County and City are trying to remedy the problem. Agenda Item No. 13. Draft Statement for the Highway Preallocation Hearing on the Interstate and Primary Systems. Mr. Bowie handed out copies of a statement he had drafted for the Highway Preallocation Hearing on the Interstate and Primary Systems, to be held on April 9, 1990. He asked that Board members reserve any comments and sugges- tions until the budget work session on March 26, 1990. Mr. Bowie asked members of the Board to consider including in this statement a policy about the replacement of bridges. Agenda Item No. 14. Staff Report on the Route 631 (Old Lynchburg Road/Stagecoach Road) Reconstruction Project. Mr. Cilimberg said staff presented the project to the Planning Commission at its meeting on March 20, 1990. He said the Planning Commission supports the project and road plans as presented at the Highway Department's public hearing on March 8, 1990, with the following recommendations: All crossovers should be designed with left turn lanes in both directions to facilitate all turning movements, including necessary u-turns. Sidewalks should be constructed of concrete along sections of road with an urban design (curb and gutter). Asphalt pathways should be used along sections of road with a rural design (shoulder and ditch construction). Improve the overall visual quality of the new alignment by: maintaining significant vegetation along the alignment and/or providing street trees and other landscaPing; locating utility transmission lines underground where possible or otherwise consolidating above ground lines on a single set of poles; and, using aesthetically pleasing appurtenant structures including mast/arm signal and street light poles. The County would like continued involvement during project development and field inspections, including the review of utility placement and other design elements. Reconsideration should be given to proposed entrances for several existing homes at the northern end of the project. Plans indicate three driveways to have grades in excess of twenty percent. Such entrances will be difficult for home- owners to use and would create a potential traffic hazard along this segment of road. March 21, 1990 (Regular Meeting) (Page 24) 290 Mr. Cilimberg said that one member of the Planning COmmission was partic- ularly concerned about the proposed entrancesto several existing homes at the northern end of the reconstructed Route 631. This Commissioner was concerned that the speed of travel, combined with the steep grade of the driveways, could make this section of the road hazardous. Mr. Cilimberg said the Planning Commission also supported several recom- mendations by Mr. Dan S. Roosevelt, Resident Engineer for the Virginia Department of Transportation (VDoT). Mr. Cilimberg then asked Mr. Roosevelt to speak concerning this recommendation. Mr. Roosevelt recommended that the Board support the need for the im- provement of Route 631 from 1.35 miles south of Interstate 64 to 0.16 miles south of Interstate 64. He also suggested that the Board recommend that VDoT consider the cost and environmental effects of any requests for realignment. He said that VDoT has received one request for a realignment and the deadline for receiving these requests, except from the Board, has passed. Pending such review, Mr. Roosevelt continued, he recommends that the Board support the location recommendation of the Department. He suggested that the Board indicate its support for the design presented at the public hearing held on March 8, 1990, with one exception: that the Board~ask VDoT to consider placing a crossover with left-turn lanes at the intersection of Route 631 with Pinehurst Court. Mr. Roosevelt said he has received eight letters and a petition signed by 50 citizens asking that VDoT consider, building a crossover with left turn lanes at the entrance to Pinehurst Court. Motion was offered by Mr. Bain and seconded by Mr. Way to adopt the following resolution approving the Route 631 reconstruction project (Project 0631-002-224, C502), with the exceptions noted in the resolution. 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 the Virginia Department of TransPortation proposed a highway project for Route 631 (Old Lynchburg Road/Stagecoach Road) in Albemarle County, Virginia; and WHEREAS the Virginia Department of Transportation held a public hearing on this project (Project 0631-002-224,~ C502) on March 8, 1990; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby support the need for the improvement of Route 631 from 1.35 miles south of Interstate 64 to 0.16 mile south of Interstate 64; and FURTHER RESOLVED that this Board does recommend that the Virginia Department of Transportation conside~ the cost and envi- ronmental effects of any realignment requests. Pending such review, the Board supports the location recommended by the Department; and FURTHER that this Board supports the design presented at the public hearing with the following exceptions: o The Department should consider a crossover with left turn lanes at the entrance to Pinehurst Court. o Ail crossovers should be designed with left turn lanes in both directions to facilitate all turning movements, including necessary U-turns. o Sidewalks should be constructed of concrete along sections of road with an urban design (curb and gutter). Asphalt pathways should be used along sections of road with a rural design (shoulder and ditch construction). March 21, 1990 (Regular Meeting) (Page 25) 291 o Improve the overall visual quality of the new alignment by: ~maintaining significant vegetation along the alignment and/or providing street trees and other landscaping; locating utility transmission lines underground where possible or otherwise consolidating above ground lines on a single set-of poles; and, using aesthetically pleasing appurtenant structures including mast/arm signal and street light poles. o Reconsideration should be given to proposed entrances to several existing homes at the northern end of the project. Plans indicate three driveways to have grades in excess of twenty percent. Such access will be difficult for home- owners to use and would create a potential traffic hazard along this segment of road. Agenda Item No. 15. Appointments. Motion was offered by Mrs. Humphris and seconded by Mr. Bowerman to reappoint Dr. Robert R. Humphris to represent the Jack Jouett District on the Albemarle County Service Authority, for a term to expire on April 16, 1994. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins Mr. Way. NAYS: None. Mr. Bowie said the remaining appointments will be advertised and decided during the meeting on April 11, 1990. Agenda Item No. 16. Approval of Minutes: September 6(A), Septem- ber 6(N), November 8, December 6 (A), December 6(N) and December 13, 1989. Mr. Bain said he read the minutes for September 6(A), pages one to 13 of the minutes for September 6(N), pages one to 14 of the minutes for November 8, all of December 6(A), and pages 15 to 29 of the minutes for December 13, 1989. He said these minutes are in order, except for the following corrections: on page 11 of September 6(N), fifth paragraph, fifth sentence, add the word "spent" between "just" and "time"; on page 8 of November 8, fifth paragraph, fourth sentence, add the word "asked" between "Lindstrom" and "the"; on page 24 of December 13, seventh paragraph, third sentence, change "$52,000" to "$452,000" Mr. Bowie had read pages one to 15 of the minutes for December 13, 1989, and found them to be in order with the exception of one typographical error which he passed to the Clerk. Mr. Perkins had read page 36 to the End of the minutes for November 8, 1989, 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, Bowie, Perkins and Way. NAYS: None. ABSTAINING: Mr. Bowerman and Mrs. Humphris. Agenda Item No. 17. Other Matters Not Listed on the Agenda from the Public and Board. Mr. Bowie said that Mr. Charles Martin, Chairman of the School Board, has asked the joint meeting of the Board and School Board not be held on March 28, since Mr. Martin will be out of town. Mr. Bowie suggested that the joint meeting be rescheduled to 4:00 P. M., April 2, 1990. To date, he Said, the only item on the agenda is a discussion of the drug-free workplace policy. March 21, 1990 (Regular Meeting) (Page 26) 292 Mr. Bowie asked for a member of the Board to participate in the wreath- laying ceremony at Monticello at 11:30 P.M., April 13, the anniversary of Mr. Jefferson's birthday. Mrs. Humphris said she would be happy to take part in this ceremony. Mr. Bowie said the annual conference of Virginia soil and water conserva- tion districts will be held in Culpeper on April 5. He asked any interested members of the Board to let the Clerk know if they wished to attend. Mr. Way said that a citizen has applied for a zoning text amendment to allow a towing operation in areas zoned LI, Light Industrial. Mr. Way said the Zoning Ordinance currently makes no provision for towing operations. Mr. Way said the applicant discussed his intentions with Mr. Way and the Planning staff, but the written application was received too late to be heard during the meeting in 3une devoted to zoning text amendments. Mr. Way asked that the Board ~allow this application to be processed according to the regular sched- ule, which would allow the applicatiOn to be heard by the Planning Commission in May and the Board in June. Mr. Bowie asked if any members of the Board objected to Mr. Way's sugges- tion. Since no one objected, Mr. Bowie said this application will be appear before the Board in June. Agenda Item No. 18. Adjourn to March 26, 1990, at 1:00 P.M. for the first budget work session. At 11:01 P.M., with no further business to come before the Board, motion was offered by Mr. Bain and seconded by Mr. Way to adjourn to March 26, 1990, at 1:00 P.M. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins Mr. Way. NAYS: None. CHAIRMAN