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1989-07-05 adjJuly 5, 1989 (Adjourned Afternoon Meeting) (Page 1) 123 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 5, 1989, at 1:30 P.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. This meeting was adjourned from June 21, 1989. BOARD MEMBERS PRESENT: Messrs. Edward H. Bain, Jr., F. R. Bowie, C. Timothy Lindstrom (arrived at 1:25 P.M.), Walter F. Perkins and Peter T. Way. BOARD MEMBERS ABSENT: Mrs. Patricia H. Cooke. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. V. Wayne Cilimberg, Chief of Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 1:38 P.M. by the Chairman, Mr. Way. Agenda Item No. 9. Executive Session: Personnel. Mr. Way said it would be necessary to have the executive session at the beginning of this meeting. At 1:39 P.M., motion was offered by Mr. Perkins and seconded by Mr. Bowie to adjourn into Executive Session to discuss the appointment of identifiable personnel under Virginia Code Section 2.1-344.A.1. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. At 1:48 P.M., the Board reconvened into open session, and the following certification motion was offered by Mr. Bowie and seconded by Mr. Bain. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative record- ed vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in confoCmity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that'~the Albemarle County Board of Supervisors hereby certifies that, tolthe best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Boardiii!~of Supervisors. Not Docketed: Mr. Agnor said the position of Director of Planning and Community Development had been advertised, and 57 applicants had responded. Of those, eight had been interviewed. The County Executive recommended that Mr. V. Wayne Cilimberg, currently Albemarle C~unty Chief of Community Develop- ment, be appointed as Director of Planning and Community Development effective July 6, 1989, at a salary range of $39,481. ~ July 5, 1989 (Adjourned Afternoon Meeting) (Page 2) 124 Motion was offered by Mr. Lindstrom and seconded by Mr. Bowie to accept the County Executive's recommendation. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. (Mr. St. John left the meeting at 1:52 P.M.) Agenda Item No. 2. Work Session: Comprehensive Plan. Mr. Way said a number of comments had been received at the public hearing on the Comprehensive Plan. Mr. Way said staff had prepared a memo concerning the issues raised at the public hearing. Since members of the public con- cerned with specific properties are present,~he suggested that Mr. Cilimberg begin the discussion with Chapter 3: Neighborhood Two, the Woodbrook/ Carrsbrook connector road item. Mr. Cilimberg said the issue in Neighborhood Two involves the proposed connector road between Woodbrook and Carrsbrook Subdivisions. There was a request that the connector road be eliminated due to the potential traffic impact on this residential area. He said the Planning Commission's recommen- dation to retain this connector road in the Gomprehensive Plan was based on keeping school buses and neighborhood traffic to the Woodbrook School off of Route 29 North. Mr. Way said that Mrs. Cooke had asked him in her absence to relay to the Board her desire that this connector road be ieliminated as she has requested previously. He thought the Board would want 'to discuss this item further when Mrs. Cooke is present. No one expressed any ~opposition to this suggestion. Mr. Cilimberg then presented the next item concerning Chapter 3: Neigh- borhood Three. He said this request involves a large office/ regional service area in the northwest quadrant of the 1-64/RoUte 250 East interchange. The request is that this area be redesignated to allow more commercial use than would be allowed under the nonresidential land use guidelines in the proposed Comprehensive Plan. Mr. Cilimberg said the request involves over 200 acres. He said the concern expressed at the public h~aring was that the requirement that~regional service uses not exceed 15 percent of gross floor area in primary office service uses was a significantlreduction of commercial develop- ment potential for this property when compared to current zoning. There is also a concern that the phasing of developmen~ would not allow for the commer- cial development to occur in any significant .degree for many years. He said that was based on the property owner's interpretation that they would have to be into the office development phase before b~ginning any type of commercial development. Mr. Cilimberg said the ideas that have evolved from various Board work sessions and staff recommendations~to this point are to allow for a large-scale, planned development in which total development scheme could be reviewed under one plan. The guidelines established have separated regional service uses from the standard offic~ service uses. The 15 percent requirement would be based on the amount of of~fice floor area shown in the planned submittal. He said that staff estimates on this particular site that a typical development of office uses would yield a regional service square footage of over 300,000 square feet. ~ Mr. Cilimberg said the intent is that th~ regional service area not be developed until significant office developmen~ takes place. Based on prior discussions, the Board has indicated that regional service could be considered as part of the plan but could be developed separately from any office space. He understood that the Board was interested id the location of regional service and its orientation to the remaining ~evelopment. Mr. Cilimberg said only supporting commercial development, which ~ould be separate from the regional service area, would be phased based ~n the office development. Furthermore, possible motel/hotel/conference d~velopment would not be included as part of a percentage established for allowable supporting commercial uses. The percentage of allowable supporting commerc~ial has not been established in July 5, 1989 (Adjourned Afternoon Meeting) (Page 3) 125 the Comprehensive Plan. Mr. Cilimberg said staff stresses the large scale, mixed use nature of this type of development area and the importance of the development plan in determining the location and magnitude of uses. Mr. Lindstrom said theoretically as much as 25 percent of the area could be developed commercially, with some being free-standing regional service. The resulting development could be on a scale which would not be a great deal different from what the existing zoning category would allow there now. Mr. Lindstrom asked if all of the development on the site would have to be done pursuant to a comprehensive site plan for the area. Mr. Cilimberg said an application plan would specifically lay out where the office develop- ment would occur, where the regional service would occur, and the conditions under which each would be developed. Mr. Lindstrom said he understands it would not be a specific site plan, but an application plan that would be mandated as part of the approval of any portion of the development. Mr. Cilimberg said that was correct. Mr. Bowie said he understands that once the plan is submitted, there is no sequence as to which development comes first, other than retail associated with office, which has to wait until the office is built. Mr. Cilimberg said staff has that Understanding as the result of the Board's earlier discussions. Mr. Bowie said he felt Mr. Cilimberg's presentation represents what he understood the Board to mean. He has no proSlem with this designation being used to enhance the commercial office development, but he would have to see a plan first, which is what he has stated before. He said he felt this designa- tion would satisfy the concerns of the requestor as well as the Board's concern for protecting the commercial aspects!and safeguarding the interests of the City and the County. Mr. Lindstrom said there is no guarantee~that the applicant will not come in with an application plan that shows a stri~ development plan along Route 250 East. He said his understanding of this ~ategory is that, assuming that the zoning is developed to reflect the intent!iof the Comprehensive Plan, the Board would be able to control the location and orientation of the develop- ment. Mr. Cilimberg said that was correct. Mr. Lindstrom said that is what he is most concerned about. He does not want'ito create any more strip commer- cial development in that area. He said the size bothers him somewhat, but more importantly, the orientation and integration of the entire development is a concern. He said he agrees with Mr. Bowie ~hat the discussion has been sufficient, and he sees no reason to make any!ichanges. Mr. Bowie asked if what has been presented by Mr. Cilimberg is what will be in the Comprehensive Plan unless there is ~ motion to change the designa- tion. Mr. Cilimberg said that was correct. Mr. Cilimberg then addressed Item No. 7,':Chapter 3: Crozet - a request to have the eastern boundary of Crozet expanded to include additional area for residential development. He said before the public hearing the Board had agreed to include language in the Comprehensive Plan that would allow for the expansion eastward of the residential area at low density (one to four dwell- ing units per acre). He said no firm boundaries were established at that time because the expansion was based on the condition of final engineering for the sedimentation basin at Lickinghole Creek and ~he dam location for that basin to allow for the drainage area to be determined. The boundary would conform to the drainage area for the basin. Based on]the private request and a rezoning application currently in hand, about !two-thirds of the area of the rezoning request for residential zoning (R-4),i would actually fall within what is expected to be the boundaries of Crozet. Hnother one-third of the requested area would likely fall outside the growth area boundary. He said staff felt the inclusion of the remaining one-'third of the requested residen- tial area would be inconsistent with the basis!-for the Crozet area boundaries because it would occur in the watershed waters~pply area not planned for regional detention facilities. He said the issue in Crozet is the same as that on the western edge of the urban area and northwest of Scottsville, and that is that boundaries are drawn to conform with the water supply watershed boundary. To go beyond that would be a violation of the precedent already set in boundary determinations. July 5, 1989 (Adjourned Afternoon Meeting) (Page 4) 126 He said the applicant on this project is proposing on-site retention, some of which would supplement the sedimentation basin. He said in the past the County has not preferred to have local on-site retention within the water supply watershed because of the concern over the increasing number of basins and the maintenance of those basins potentially at public cost. Mr. Way said it is clear that the Lickinghole Creek sedimentation basin is not going to be entirely effective in keeping sedimentation out of the reservoir. He asked if on-site retention would make for a better situation. Mr. Cilimberg said there has been some engineering analysis completed by the applicant. The applicant's feeling is that his retention pond would provide a level of protection that would exceed that of the Lickinghole Creek sedimenta- tion basin. He said the area where on-site ~etention is also provided within the drainage area to the sedimentation basin certainly would have an improved level of protection. However, he pointed out that the question comes up as to where other on-site basins would be allowed, iand to what extent within the water supply watershed areas, and who would maintain these basins to the level of protection necessary. Mr. Lindstrom said it is the same issue that came up when the neighbor- hood plans were adopted in 1981. At that time, the County Engineer analyzed how the land could be developed using individual sedimentation facilities. There was a considerable amount of land that icould be developed beyond the Georgetown/Hydraulic Road boundary using sedimentation basins. At that time the problem facing the Board was the same, who will maintain individual basins and how will the County ensure that the stand~ards are maintained to provide the necessary level of sedimentation needed. At that time the Board felt that once individual basins began, it would be hard to draw the line and almost impossible over time to ensure that they were all operated properly. He said he is not comfortable with expanding the boundary and depending upon a pri- vately maintained facility. ~ Mr. Bowie said this is a single applicant with a request in conjunction with the Lickinghole Creek basin. He asked if inspections and maintenance requirements could be handled in the negotiatiions under conditional zoning. Mr. Cilimberg said there could certainly be conditions established, but the question remains as to whether or not over time the problems of maintenance and proper operation would arise. He said there is always the potential that the public is going to be asked to step in because the conditions have not been met, or the facility is not functioning jproperly, and it then becomes a public responsibility. ~ Mr. Perkins asked what the useful life %~ of a sedimentation basin. He said it seems to him that the need for the sedimentation basin would end once the development has been stabilized. Mr. Ag~or said the life of a sedimenta- tion basin is dependent upon the amount of e~sion, and the major part of it does occur during construction. However, th~e will always be some erosion from natural processes. The useful life would be determined by the capability for holding water long enough to have it settle, rather than having sediment go into the dam. The intent is that the basTM would prevent phosphorus and other matters associated with land use and r~-off from roads and parking lots from going into the reservoir forever. Another solution is that when the basin becomes limited in its capability because of sediment, it is necessary to dredge the basin and begin again. ~ Mr. Lindstrom said his concern is that tSe basic principle of the Compre- hensive Plan is to avoid development in the w~tershed of a public drinking water impoundment. If the Board allows this ~evice as proposed to expand the area of development in the watershed, he coul~ not see how the principle stands any longer. The situation at Crozet was that a public facility could be built to minimize the water problem, and the principle was to allow devel- opment in an area that would drain into that publicly maintained facility. Crozet in and of itself is the exception to t~e rule. He said he was not sure how the Board could respond to similar requests in other parts of the boundary of Crozet or the urban area, if this is allowed. Building a sedimentation basin is something that most developers could ido, and the same kind of argu- ment could be made. { Mr. Bowie said the operative phrase is that Crozet in and of itself is an exception because it was already developed. On the other hand, Mr. Bowie said July 5, 1989 (Adjourned Afternoon Meeting) (Page 5) 127 there is an unwillingness by the Board to allow development. Mr. Lindstrom said there are other places within the boundaries of Crozet that could be developed. Mr. Perkins said the problem is that lines can be drawn on maps, but if landowners are not willing to allow development, it will not happen. In this case there is a willing seller and a willing purchaser. It so happens that some of the land drains to Lickinghole Creek, but some of it does not. Mr. Lindstrom said that argument could be made anytime there is a piece of property someone wants to develop. Mr. Bain said Crozet is the exception, but this type of request would have application anywhere around the urban area. He said a distinction cannot be made between this request and other areas in the watershed. Mr. Perkins said this request ties in with a study that was made on the reservoir. He asked if it has been determined whether the sedimentation currently going into the reservoir is coming from development, or if it is natural sedimentation. In the case of Mechums River, he said there was probably as much sedimentation when buffalo were crossing it as there is now. He said some sections along Mechums River contain highly erodible soil, regardless of the number of people who live there. If something can be done to have small sedimentation basins maintained{ he felt it should be done. Mr. Bowie said an investment has already~been made in Crozet to encourage growth. Mr. Lindstrom said this issue deals With one of the most fundamental aspects of the Comprehensive Plan. The precedent is being introduced that a private developer using a private device can create his own topography. What has been the primary principle in this Plan ia that the natural topography will dictate where boundaries go. The natural topography allows the construc- tion of the Lickinghole Creek Sedimentation P~nd at a size that can be managed publicly and is reasonable to be managed publ~cly. An argument that can be made hundreds of times is that a landowner ca~ build a sedimentation pond and alter the natural topography. He said a fairly rigorous reservoir plan has been in place for more than ten years, and he'.~can only assume that it has been effective in reducing the amount of sedimentation going into the reservoir. He noted that phosphate and nitrogen run-off ~ave been significantly tied to residential development. ~ Mr. Lindstrom said he has absolutely no ~roblem with expanding the growth area to include the portion of land that drains naturally toward the Lickinghole Creek basin. He said from what s~aff has reported, he believes that includes about two-thirds of this proper~y proposed for development. Extending the last one-third would be a fundamental change in the principles in the Comprehensive Plan. Mr. Keeler said it had been some time sinlce the Lickinghole Creek basin was discussed. He said it is now being said that this basin will have a range of 40 to 50 percent efficiency. He said it may be necessary, even with Lickinghole Creek basin, to have additional on-site measures within the designated growth area. If the Board is concerned about private protection of a public investment, which is what would result with a private basin outside the designated growth area, Mr. Keeler said t~e vast amount of time the prior Board spent negotiating with the City and the Rivanna Water and Sewer Authori- ty as to contribution of maintenance of the Li~ckinghole Creek basin should be considered. Mr. Bain said he would like to see where ~he dam will be located and where the actual boundary will be. He said h~ has no problem extending the boundary to those areas that would drain into ~the sedimentation basin. There is no reason under this argument that the entire area north of Route 240 would not be developed based on a developer installing individual basins. There would be nothing to prevent development in those areas if it is allowed here. Mr. Lindstrom said if development is allowed on a site-by-site basis, then the Board is actually rezoning and not de?eloping a comprehensive plan. He said that would be undercutting the plannln~ that has already been done. There is plenty of room for private in~vestment.ito make a lot of money in development which is consistent with the Comprehensive Plan, without opening up new precedent-setting avenues that are potehtially very expensive for the July 5, 1989 (Adjourned Afternoon Meeting) (Page 6) 128 County. He suggested that this request be approved for those areas that would drain into Lickinghole Creek only. Hearing no further discussion or motions, Mr. Way said this growth area boundary would remain as shown. Mr. Lindstrom asked if that meant that it would include the additional land east of Crozet which would drain into the Lickinghole Creek basin. Mr. Cilimberg said that is a specific statement in the proposed Comprehensive Plan, but it will have to be determined approxi- mately where that boundary would be. The next item of discussion was No 8, Chapter 3: Hollymead. He said this request was is that the northeast quadrant of the Proffit Road/U. S. Route 29 intersection up to the North Fork of the Rivanna River and east of Route 785 be considered as an addition to the Comprehensive Plan. It includes areas for regional service, office service, neighborhood and residential service. The Board had addressed this area as a possible expansion to the Hollymead growth area. He said staff though~ of this as primarily a residen- tial area, rather than an expansion of commercial or office area, since there is already a good deal of office and commercial use in Hollymead. He said up to this point, the Board has not included this area for any type of growth area expansion. The Board did say the property owner could submit a rezoning application for consideration in tandem with!a comprehensive plan amendment within a year. He said staff's analysis of this area as a potential residen- tial area would be between 300 and 1500 additional dwelling units based on the density of development and the developability of the land in that area. Regarding the question of Hollymead at the public hearing, there was a concern about the overall employment capacity, particularly for industrial and office uses. He said staff has conservatively estimated that the capacity for developable industrial and office acreage isiat least 9000 employees and may well be more than that. Mr. Lindstrom asked if staff had determined whether or not three million square feet can be obtained on the 250 acres,~ias the owner claims. Mr. Cilimberg said an initial review indicated t~at it would not be an industrial office development characteristic of this area. He said it would entail building upward and having parking and office.larea underground. Mr. Lindstrom asked what percentage of the three million square feet could be obtained through a typical developmeht. Mr. Keeler said he had looked at that and found that about 2.3 millibn square feet could be obtained on 250 acres using a fairly typical style of ~evelopment and the figures supplied with this application. Mr. Lindstr~m said if three million square feet of office research space would produce a~out 6500 jobs, and the applicant could achieve about 70 percent of that on the~acreage they currently have with the same ratio of employees, or 4042 employees on about 230 acres. If that is typical of that area, his question is how man~ total acres are shown in Hollymead for this kind of use right now. Mr~ Cilimberg said office and industrial acreage total about 650 developabl~i acres. Using their development intensity, there would be an employment base 9f between 9000 and 12,000. Mr. Lindstrom said a lot of these would be people who live and work in Albemarle County. Looking at a potential of 12,000 jobs being created for people to live here, it means a service demand that is very substantial. He said the numbers will show that development is costly. He said when the map is drawn up, the question then becomes how much of this land should actually be zoned prior to applications being made. If it is zaned.ahead of time, there is no ability to deal with the development through dew legislation, but the cost ~ . under the current tax structure will be a submtant~al net cost to the County. He said his concern is that so much acreage iq shown over which the County has little control. He said there is already twide as much as there should be. The argument is made that the Comprehensive Pi~an is made to accommodate the people that will move here. He said that com~rcial~ and industrial zoning will create population more than it will acco~odate the population. He wondered if that much more industrial use shou{d be shown on the map at this time for that area. Control over industrial a~d commercial zoning is the only real control the Board has by statute that allbws phasing of the amount of population that has to be absorbed from time ~? time. Mr. Cilimberg said the Board needs to con~ider what scaling back would do to the availability of land in the County in g~neral, and whether or not there July 5, 1989 (Adjourned Afternoon Meeting) (Page 7) 129 will be pressure placed elsewhere for specialized development. Mr. Lindstrom said acceding to these demands will very likely mean an increased tax rate unless there are better ways of dealing with the services that will be re- quired as a result of development. He said every growing community in this State has experienced that problem. Mr. Lindstrom said that control of growth is something that counties generally are not given the power to do through enabling legislation. However, they do have the authority to determine within reason how much commercial and industrial zoning can be show~. He said there have been some good arguments made by the public that the cost of development is not clear nor is the resource base there to absorb it.~ He said'the growth that has occurred in the past ten years will start costing money to accommodate the children in school, increase the police department and all of the other functions of the County. He said the Board heeds to take a hard look at the amount of commercial and industrial zoning included in the Comprehensive Plan. In the next year or so, there has to be a ma~ch with what is allowed and what can be supported and what the economic consequences will be. Mr. Bowie said he concurs with Mr. Lindstrom, although he is not sure he would change the industrial that is already Shown in this area. He does feel that this matter should be considered again. He thinks it is a mistake to let industry go to other counties, leaving Albemarle with the people requiring schools without the industrial taxes. He sa~d he believes there is enough development in Hollymead at this time. He would be willing to look at the mix of residential and industrial acreage, as we~l as the amount of industrial designation. He said this area is in his district, and he does not intend to make any motion to expand the growth area inlHollymead at this time. Mr. Lindstrom said he respects the fact that this is in Mr. Bowie's district, but when the distinction is made between localized issues and major County and regional issues affecting 20,000 p~ople over the next 20 years, he does not think that it matters whose district the property is in. Mr. Bowie said he was saying that he agreed with Mr. Li~dstrom completely, although he had said it much shorter. ~ Mr. Way said he felt the Board would ne~ to address the question of what \Jwould be allowed on the other side of Route 129. There would have to be some additional commercial development as well as i~esidential. He said he did not object to waiting a while, but he did not thi~k it was realistic to wait until the next Comprehensive Plan update to considec this question. Mr. Bowie said he thought the idea was to consider these mat~ers on an annual basis. Mr. Bain said there is some area south olf Hollymead that can be filled in before continuing on up Route 29 North with more strip development. Hearing no motion for a change, Mr. Way Called for a break at 3:13 P.M., and the Board reconvened at 3:28 P.M. Next, Mr. Cilimberg discussed the North Garden Village which had been addressed at the public hearing. He said the~Village has been expanded substantially over the current Comprehensive Plan. At this point, the Board has determined that the provision of public utilities is not feasible for this Village. As currently proposed, it is to be a low density residential area providing an alternative to development in th~ rural area. Without public water from a reliable source, and because theilCounty does not currently require proof of adequate well water before issuing a residential building permit, concern has been raised that development at a village density in this large area will have harmful effects on the g~oundwater supply. Mr. Bowie asked if the County could legally require proof of adequate well water before issuing residential buildin~i permits. Mr. Cilimberg said there are counties in Virginia which do have ~hat legislative authority. He said that is something that would be a good l~gislative initiative for this County this year. He said staff is doing analysis and could come back to the Board with recommendations in the fall regarding how to proceed. Mr. Bowie said when someone wants to build homes for profitable sale to others, there should be some way the County can ensure that i%here is water to support the July 5, 1989 (Adjourned Afternoon Meeting) (Page 8) 130 development. He thinks this should be included in the packet of proposed legislation to the Virginia Association of Counties. Mr. Lindstrom pointed out that Clark County has an unusual groundwater situation because they have a lot of limestone, and possibly more information could be obtained about what they have done with their water ordinance. Mr. Bowie asked if there is any way a bonding procedure could be used on develop- ment in the rural areas so that if the water runs out, the County is not stuck with the bill. Mr. Bain said there are two points of discussion. He said he thought that because of the geological studies, the Board concluded there was no way to provide water or sewer service to North Garden and that the Board had decided to delete that reference altogether. He said the Board needs to address whether the possibility of the private sector initiating that is to be left in. The second point is the boundary of North Garden. He said some areas had been deleted at the southern end and some added at the north when this was previously discussed. Citizens who are concerned are those in the area northeast of Route 710. He asked Mr. Cilimberg to explain how staff and the Planning Commission arrived at the boundary line determination. Mr. Cilimberg said there were several limitations to the area, and the boundary was generally following the rivers and streams and including the agricultural district. For the northern quadrant, the final decision was based on the fact that there is a large subdivision in that area currently, and the Planning Commission wanted to include.in the growth area some areas that had potential for development. That was~'the primary thought for includ- ing the area of South Fork Farms. (Mr. St. John returned at 3:42 P.M.) Mr. Bowie said there needs to be some way of ensuring that there will be water if this area is developed. Mr. Lindstrom said what the Board knows now and did not know when North Garden was first discussed, is that it is diffi- cult to find a source of water to serve these~people. Mr. Bain said the question the Board has to deal with is whethe= it is better to provide water to this area to have some control over development, or to allow scattered development throughout the rural area. Mr. Lindstrom said it should be made clear in the Comprehensive Plan that when development occurs in the rural areas, t~ere is absolutely no obligation on the part of the County to solve resulting ~roblems. However, when the Comprehensive Plan designates on a map a village or growth area and indicates that this is where the County wants growth to~igo, there seems to be some obligation on the part of the County. Mr. Bowie said he thought that was where the new conditional zoning legislation would be effective. Mr. Cilimberg said staff's understanding was that the Board wanted to go back ' to the Planning Commission s original recom- mendation regarding utilities in North Garden ~nd allow developers to think about that provision if they wanted to develop there. He said this can be addressed during the implementation of conditional zoning. Mr. Way said doubling the size of a village when there are no utilities available does not make sense. The only way development can happen is if there are utilities. Mr. Lindstrom said the question can be asked as to why an area should be designated for growth at altl, knowing that there may be water problems. Maybe the discussion should fOCUS on what the pre-conditions for having a village should be; it is too late to talk about that now. He said it would be better not to expand North Garden at this time and to give more thought to what a village should entail. ~The boundary presently includes land that is likely to be developed at the vil~lage residential density. The benefit is that it will absorb some development that would occur elsewhere. Mr. Way asked what the proposed Comprehensive Plan actually says in reference to this village. Mr. Cilimberg referred the Board to Page 287, paragraph 4. Mr. Lindstrom suggested that the~statement should indicate the possibility of water problems. He suggested adding language to the effect that studies indicate central utilities are going to be difficult to provide to this community, therefore, developers should be required to prove that July 5, 1989 (Adjourned Afternoon Meeting) (Page 9) 131 there is adequate water supply. There were no objections from other Board members to this language. Mr. Lindstrom said in the future, this Board should consider utility potential in all the other villages as well. Mr. Cilimberg asked if his understanding was correct that the Board wished to keep the boundaries as recommended and add the statement with regard to water. There was no objection offered to his understanding. Mr. Way said the Board would continue its work session on the Comprehen- sive Plan on July 12, 1989. Agenda Item No. 5. Rivanna Water & Sewer Authority - South Rivanna Reservoir Bathymetric Survey. Mr. Agnor said staff had analyzed the Reed Associates Bathymetric Survey of the South Fork Rivanna Reservoir conducted for the Route 29 corridor study. The analysis had compared the storage loss of the reservoir due to siltation from four studies: 1. The design engineer's estimate made 'in the early 1960's; 2. The Betz Study conducted in 1977; 3. The Glaspy Study completed in 1981; and 4. The Reed Study. Mr. Agnor said the analysis concluded that the siltation in the Reed Study is close to the original design estimates. He said plans for the Buck Mountain supplemental supply should remain on schedule for about the year 2015. The report also recommends that the Rivanna Water and Sewer Authority conduct a bathymetric study within the next five years to ensure that water supply planning continues on a sound basis. Mr. Lindstrom asked what factors were assumed to project the rate of sedimentation when the design study was done. Mr. Agnor said it was an engineer's calculation based on the total drainage of the reservoir basin and the normal siltation of reservoirs that occurs, over a period of thirty and forty year cycles. Mr. Lindstrom asked if there were any assumptions made about the land use activities, the character Of the soils, or the topography. Mr. Agnor said that Mr. George Williams from the Rivanna Water and Sewer Authority could answer that question. ~'~ Mr. Williams said the engineer probably ~sed the universal soil loss equation in determining the siltation rate. He would have made some assump- tions on the proportion of the drainage basinii!~that was utilized for agricul- tural or forestry purposes. Mr. Lindstrom asked if those assumptions were set out in the study. Mr. Williams said he thoug}{t they were. Mr. Lindstrom said it appears that Glasb~ and Reed confirmed what the design study projected for this time frame. Me asked whether the rate of siltation is increasing. Mr. Williams said i]~ is difficult to determine whether the siltation occurred in the original ten years, or whether there was an increase or decrease in the rate in the second ten years. Mr. Williams said that as more data is collected, the more iaccurate the determination will be. Mr. Lindstrom said he had talked with Mr,~i Reed who differentiated between a study and a survey. This was a survey and r~flects exactly what is there now. Mr. Lindstrom said he would like to knoW more about the rate of change. He felt that is the unanswered question. Mr. Williams said he did not know that a study could be done to make that determination. Mr. Bowie said it seems that the siltation is far less in all the studies than was originally estimated. The problem seems to be more with release of water, which is a regulatory problem. Mr. Williams said that is true. Mr. Lindstrom said his understanding is that the Reed study indicates that the siltation rate does not seem to be as~bad as originally projected. However, the depletion is greater because more'water is being taken out. Mr. Lindstrom said the question that is indirectly addressed is whether or not there should be further study at this point. If further study could be done to determine more about the rate of change, he!thinks that would be July 5, 1989 (Adjourned Afternoon Meeting) (Page 10) 132 worthwhile. Otherwise, as far as sedimentation is concerned there is no need for further study now. Mr. Bain said there should be a way to monitor the rate without waiting for five years for another study. Mr. Lindstrom said a survey seems to be a fairly simple process. He said there are two issues 'involved here. One is how much water the reservoir can hold, and the other is whether the water is drinkable. Mr. Bowie said someone should be able to verify with Glasby and Reed the bases of their reports. If both are based on the same assumptions, there is a declining rate of siltation. Mr. Lindstrom said he would like staff to look at the original design study and try to determine what assumptions were included and how they compare to what is happening now. He said he would like to have an estimate of the cost of running an annual bathymetric survey. Mr. Bain said he would like to know that as well. Mr. Perkins said it seems that if the streams flowing into the reservoir were monitored, it would determine where the siltation is coming from. The source has to be determined in order to solve the problem. Agenda Item No. 4. Discussion: 1989 Statewide Highway Plan. Mr. David Benish from the Planning Department said the Virginia Depart- ment of Transportation requested that staff review the recommendations for improvements on County roads contained in their proposed 1989 Statewide Highway Plan. He said that legislation enacted by the General Assembly in 1985 requires YDoT to undertake a comprehensive review of statewide construc- tion needs for all the highway system roads at least once every five years. The purpose is to produce an inventory of needs for all highway systems for a period of twenty years based on standards established by VDoT. The Plan indicates the deficiencies along road segments, the recommended improvements, and a cost estimate for the improvements. M~ Benish said the listing is prioritized by roads listed in VDoT's financial plans for secondary and primary roads first, and then projects recommended in the Charlottesville Area Transportation Study (CATS). He said the type of improvements proposed is based on VDoT general design standards to bring road segments up to acceptable service levels. The improvements listed arelpot necessarily what will be constructed when the project is ultimately p~ogrammed. Specific needs and recommended improvements will be determined d6ring actual project planning. The intent of the 1989 Statewide HighwaM~iPlan is to create a prioritized list of all road construction needs for all Highway systems in the state based on a standardized methodology which provides Yor all roads to be reviewed on an equal basis. The Plan also gives an indiciAtion of highway improvement priorities based solely on technical data without economic constraints and provides individual localities insight into t~e relative needs of their particular areas. It is not necessarily intended to reflect locally identi- fied transportation improvement needs which m~y be based on non-design, or deficiency issues. The Plan should be considered as a resource to assist localities in determining future road improvement needs. It is not developed or used directly to determine levels of State?jor local funding. Mr. Benish said the Plan is generally consistent with the CATS Study and the Six Year Secondary and Primary Plans, wit~ the exception of the Board's request for an interchange on 1-64 at Avon Street. Staff recommended that the Board formally request inclusion of the 1-64 ~nterchange in the Plan as well as the following projects not indicated in th9 Highway Plan which are in the current financial plan for secondary road mmppovements: Route 601, Buck Mountain bridge project ~Route 810, alignment by Crozet Elementary School Routes 708/631, intersection improvement Routes 743/606, intersection improvement Route 601 (Old Ivy Road)., spot improvements Route 654 (Barracks Road), widen to four ililanes. Mr. Benish said VDoT officials had indica]ted that these projects would be included in the final revisions of the Plan. ~e said the following projects from the County Road Improvements Priority Lisi~ are not indicated for July 5, 1989 (Adjourned Afternoon Meeting) (Page 11) 133 improvement in the Highway Plan and should be formally requested to be includ- ed by the Board: Route 649 (Airport Road), reconstruct from Route 29 to Route 606 Route 743 (Hydraulic Road), turn lanes :at Commonwealth Drive Route 691 (Jarman's Gap Road), reconstruct, spot improvement Route 810, Moormans River Bridge Route 677, (Old Ballard Road), bridge over railroad Route 743 (intersection at Route 663) Route 726, from Route 20 to Route 1302 Route 708, from Route 20 to Route 29 South, reconstruct, spot improvement Route 712 (Ammonett Branch), bridge Route 637 (Ivy Creek), bridge Route 656 (Georgetown Road), reconstruct. Mr. Lindstrom asked about the reconstruction on Route 656. Mr. Cilimberg said this item is on the priority list and involves what has been discussed as a minimum possibility for turn lanes. He sald there was interest by the Planning Commission, and it was a recommendation in the Comprehensive Plan, that turn lanes be considered in the future.. Mr. Lindstrom said he could not support including this project for anything other than what is already to be done. He said he thinks it should be left as is, and the Board members already know why because it has been discussed before. Mr. Benish pointed out that staff also recommends that the Board express its concern with the four-lane, divided roadl.design for Route 20 South. He said staff recommends that functional classification of roads in the Statewide Highway Plan and local functional classification system be reviewed and modified to provide a consistent functional ~lassification of roads between the various levels of planning. He pointed out that the Plan prioritized road segments in the rural areas for improvement based on volume/service volume ratio, or inadequate geometrics. He said ruCal area road improvements are prioritized locally when public safety is ink,question or the road serves as an important access between growth areas or to essential services. Mr. Way asked what staff is suggesting ~ith regard to Route 20 South. Mr. Cilimberg said at a minimum there is a n~ed for realignment of certain sections of Route 20. He said there is concern particularly about the hori- zontal curves rather than four lanes. Mr. B~ish said there is a possibility of turn lanes and certain divided segments. .!Hr. Way said he agreed, but it makes sense to think in terms of four lanes ~i~ Route 20 to its intersection with Avon Street. Mr. Lindstrom asked why this list was ngcessary. Mr. Roosevelt said %fOoT has a system influenced by the federal aid d~Signations. That is a four tier system made up of arterial roads, major collectors, minor collectors, and local roads. All state-maintained roads fal~ into one of those classifica- tions. In the primary system, roads are either arterials or major collectors, which means they are eligible for federal ai~ In the secondary system, the federal government has designated that a certain percentage of the roads in each state can receive federal aid. Those ro~ds automatically become either arterial or major collector roads by the fact!ithat they are designated for federal aid. Approximately 15 percent of the~secondary roads can be federal aid roads. The State then attempts to designate the major secondary roads in each county as the collectors and arterial roads. Normally, greater than 15 percent of the secondary roads in each county!late the major roads. Therefore, YDoT has designated some as minor collectors ~hich are not on the federal aid system, but which are the major roads in the ~ounty. Mr. Roosevelt said one of the problems VDoT has in changing its designated system to match the county's is that the federal government has d~signated the arterial and major collectors as federal aid routes. Before VDo~ can change or add to those ~ . routes, federal government approval must be o~ta~ned. He said he agrees and supports staff's contention that the county d~signation of arterials, collec- tors and local roads should match the State d~signation so that the list is the same. But the federal government's involvement in the process makes it difficult for YDoT to change their list. Mr.%Roosevelt said he personally thinks that the county's designation of what Should be arterials and major and minor collectors is closer to reality than the State's designation. He said the Board should attempt to get the State to ~odify its designations to match July 5, 1989 (Adjourned Afternoon Meeting) (Page 12) 134 the county's, and he would support that. He said it would be worth the effort next year when the State modifies their list. Mr. Lindstrom asked if the primary and secondary listing of roads com- prise all the projects that will be funded in any way by the State or Federal government. Mr. Roosevelt explained that there are two lists--a primary list and a secondary list. Every road in the primary system is on this list because all of those are federal aid highways. They are either major collec- tors or arterials. For the secondary roads, the only things listed are the arterials and major and minor collector roads. The local roads are not listed. There are certain projects, for instance a bridge, which can be funded by federal aid whether it is under the federal aid system or not. Mr. Lindstrom said he had not understood that the comprehensive review of statewide construction needs that staff had described was taking into account whether they were federally funded or state funded projects. He thought it was a review of all roads that needed to be improved or built. Mr. Roosevelt said it is supposed to be a comprehensive list for the primary system, but it is not a comprehensive list for the secondary system because it does not include the needs on the ~roads that are designated as local roads. He gave the Route 671 (Milling[on Bridge) project as an example of a local road that is not on VDoT's list. Mr. Lindstrom suggested that, instead of going through this exercise every five years, Mr. Roosevelt add to the primary list anything that is shown in Albemarle County's Six Year Plan for improvement or construction. Mr. Roosevelt said he was not sure the Board understands the purpose of today's discussion. He said the statewide transportation plan was required by the General Assembly. It is a report from YDOT to the General Assembly of the statewide transportation needs. It is to be Updated every five years. The legislature wants to know the bottom line dollar value of transportation needs for this State in the year 2010. The legisla~ture will use this information to say there are certain needs in this State, an~ over the next 20 years it is expected that only 10 percent of the revenue ~ill be received. Therefore, additional funding needs to be considered. MT. Roosevelt said that is the purpose of this plan. Mr. Lindstrom said he understands that. iii!He is concerned about the difficulty of keeping track of these road pro~ects. The Board goes through a detailed and comprehensive secondary road improvement process at least every year. The primary road process goes through ~he Metropolitan Planning Organ- ization (MPO), and he understands how that process works. He would feel much more comfortable if any road recommendation f~ the statewide plan had already been determined to be on these two lists. He'!said a separate exercise to include other road pro3ects which are not on ~hat l~st makes hmm uneasy because they have not been reviewed before. ~e said if the purpose is to tell the legislature what Albemarle thinks needs t~ be funded in the foreseeable future, then if it's not on the secondary or ~e primary list, it should not be funded. Mr. Roosevelt said the plans for the primary and secondary system that Mr. Llndstrom referred to are really prlormty .~sts. They are what the County can finance over a six-year period. Mr. Linds~rom said he thought the County had begun putting every possible need on that ~i~ist. Mr. Roosevelt said he did not think so. Mr. Cilimberg said when staff r~viewed the list last year, it was much longer than a six year plan. He saidi~ it may not be a twenty year plan, but the dollar value is much more than the County could do in six years. Mr. Lindstrom said if the County's secondary pi~an does not have all the projects necessary to fill up 20 years of fund?~ng, then that should be done through the secondary plan process and not thr!6ugh some additional process to fill out the State's "wish" list for 20 years.~i Mr. Cilimberg said the summary of project~ that Mr. Benish had read are projects on the priority list that the Board adopted this year but which are not in the statewide plan. He said staff feel~ that it would be good to have the State's 20 year list include what the County has identified in its priori- ty list. He said the projects that were not l%sted did not meet the criteria of the statewide planning program. ~ July 5, 1989 (Adjourned Afternoon Meeting) (Page 13) 135 Mr. Lindstrom said he understands that specific action needs to be taken on this request. However, as a matter of principle, he suggested that the Board adopt a resolution to the effect that the Planning Department staff and YDoT's development of the secondary road list be prepared in a way to include enough projects to cover the 20 year period, and that anything the County puts on that plan be drawn from the secondary road list. If that means that staff has to extend their analysis to include more projects for the full 20 years, then do it. In that way there would not be a separate review. When the five year request comes in, then staff would automatically send in the County's secondary road improvement list which would have everything on it. He said he understands that all the projects are not going to be funded by VDoT, but they will show the priority that VDoT needs. Mr. Roosevelt said the statewide highway plan is a listing of needs on all of the primary system and everything except the local roads on the secon- dary system. These needs will exist in the year 2010. This does not say there will be any funds available to take care of these needs. Mr. Lindstrom said he understands that. He just wants to be sure that the County's secon- dary road list is all that the County submits when this statewide highway plan comes up. If staff needs to put some other ~rojects on that secondary road list to meet this requirement, then it should be done. Mr. Bain said he did not think it was ngcessary for staff to come up with a 20 year list. Mr. Lindstrom said they are'~being asked by VDoT to provide a list of the needs to the year 2010. Mr. Roosevelt said the list is not from now until the year 2010, but rather needs in ~that year. The difference is that projects listed as needs in that year ma~y not have funds available to accomplish them. Mr. Lindstrom said they could be drawn from the same list and should be developed in the same way. Mr. Roosevelt disagreed. He said a lis~? of needs is a separate thing. Once needs are developed and prioritized, they can be drawn as necessary to be put into the financial plan between now and the year 2010. Mr. Lindstrom said he does not want two ~iists. He wants one list that is prioritized based on the funding available a~d what the Board thinks should be funded. The list would also include items t~t are not funded. It should be developed in one process. If it is beyond th~ six year funding, it is still part of the County's recommendation for the s!~ate{~ide highway plan. Mr. Bowie said the simpler it can be made, the better. He said it seems that while staff is developing a classification system for all roads in the County as mentioned by Mr. Benish, it should ~onsider how to develop one list. Mr. Cilimberg said staff attempted to male the Board aware that there is a listing requested by the General Assembly w~ich is being used for policy purposes. This is the first time staff has r~viewed it. From this discus- sion, Mr. Cilimberg said it seems that the CoUnty's priority list should be forwarded to VDoT when the statewide plan is ~pdated. The County would ask YDoT to include all the projects on the County's priority list in VDoT's statewide plan. The Board would not present .~wo different lists, and staff would be taking one approach to highway plann~ing. Mr. Lindstrom said he is uneasy about gi~ing ¥DoT a list of roads that has not been developed by the process described by Mr. Cilimberg because those roads may come back to this Board as somethin~ that it endorsed. He said that has happened before. Mr. C~lmmberg sa~d mf the Board concurs ~zth Mr. Lindstrom's suggestion for one listing, staff can provide a priority ~listing of secondary road projects for VDoT indicating that only those ~ojects should be on the state- wide highway plan. The remaining projects sha%ld not be included because staff has not reviewed them. VDoT can choose ~hat they want, but at least the County has made a statement. Mr. Cilimberg said the 1-64/Avon Street i~terchange in the Comprehensive Plan could be added as a project identified byi the County as one that should be in the statewide highway plan. Anything el~e should not ~be included. Mr. Benish said that was basically what staff had ~one. July 5, 1989 (Adjourned Afternoon Meeting) (Page 14) 136 Mr. Bowie said he would hate to ask staff to develop a 20 year list because it probably would not be very meaningful. He said possibly a better response is needed for VDoT. Mr. Lindstrom said he wanted the projects to be reviewed as part of the secondary road planning with Board approval of any project in the list. Mr. Bowie said it bothers him to have a project such as widening Route 20 to four lanes appear on an official list, when he never remembers it being discussed before. He said VDoT will assume the Board has approved everything if some response is not given to them on each of these items. Mr. Roosevelt said he wanted to point out that this is a comprehensive plan, although it is not a detailed one. Every mile of secondary road in the County and every improvement need has been g~ven a cost estimate. He said this report indicates that $511 million is needed on the secondary system to pay for the needs of the year 2010. The six iyear plan is a priority list of what can be built for $19 million over the next six years and designates where that money will go. This plan says that in Albemarle County there is $511 million worth of needs. Mr. Lindstrom said what he wanted to prevent is being told five years from now that this Board recommended that a certain project be on the State's list, and now it is time to build it. He sa~d he agrees with the process Mr. Cilimberg has described, even though it may ~ot be what VDoT would like. Any road on anybody's list anywhere, should be a i~oad that the County has reviewed and approved. Otherwise, the Board did not ~ndorse. Mr. Agnor said if the Board adopts staffi~recommendations, it will accom- plish what has been discussed. ~il Motion was offered by Mr. Bain and seconded by Mr. Bowie to accept staff's recommendations as set out in Mr. Cil{mberg's memo of June 29, 1989. Roll was called and the motion carried by theilfollowing recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr!~ Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. ~ Mr. Lindstrom said he does not endorse the Georgetown Road undesignated reconstruction project nor the Millington Bridge Project. He voted "aye" with those two exceptions. Agenda Item No. 3. Resolution: State R~creation Access Funds for the Southern Regional Park. ;~ Mr. Agnor said a proposed resolution is being submitted for Board approv- al to request recreational access funds from ~he Virginia Department of Transportation and the Department of Conservation and Historic Resources for the Southern Regional Park. The access funds,~are requested to make improve- ments on Route 631 at the entrance to the par~ and for construction of the park road from Route 631 to the main parking area serving the swimming beach. He said the resolution also addresses the fac~~ that all additional right-of-way and utility costs would be borneby the County; the park entrance road would be designated a "Virginia Byway"; and any additional funding required beyond the amount allowed by the Stat~ would be provided by the County in order to complete the road construction project. The funding limit for access funds is $250,000 with an additional $100,000 if supplemented on a dollar-for-dollar basis. Motion was offered by Mr. Perkins and seconded by Mr. Lindstrom to adopt the following resolution. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. July 5, 1989 (Adjourned Afternoon Meeting) (Page 15) 137 WHEREAS, the Southern Park is owned and is to be developed by the County of Albemarle as a regional recreation facility serving the residents of Albemarle County, the City of Charlottesville and adjoining counties; and WHEREAS, the facility is in need of adequate access; and WHEREAS, adequate access can be provided by the improvement of Route 631 at the entrance to the park; and the construction of the park road from Route 631 to the main parking area serving the swimming beach;~ and WHEREAS, all right-of-way and utility costs necessary for the access road construction will be provided by the County from the Southern Park project fund at no cost to the State; and WHEREAS, the procedure governing the allocation of recrea- tional access funds set forth in Virginia Code SectiOn 33.1-223, as amended, requires joint action by the Director of Conservation and HistOric Resources and the Commonwealthi!Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Transportation Board approves the use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, it appears to the Board o~i.!Supervisors of Albemarle County that all requirements of the law have been met to permit the Director of Conservation and Historic Resources to designate the Southern Park as a recreational facilit~iiand further permit the Commonwealth Transportation Board to prOVide funds for access to this public recreation area in accordanC& with Virginia Code Section 33.1-223, as amended; and WHEREAS, the Board of Supervisors agknowledges that pursuant to the provisions of Virginia Code Section~'~33.1-223 and 33.1-62, as amended, the access road shall be designated a "Virginia Byway" and recommends that the Commonwealth Transpq~tation Board, in coopera- tion with the Director of Conservation and Historic Resources, take the appropriate action to implement thislidesignation. Further the Board agrees, in keeping with the inten[i!iof Virginia Code Section 33.1-63, to use its good offices to reasonably protect the aesthetic and cultural value of this road; NOW, THEREFORE, BE IT RESOLVED, by .the Board of Supervisors of Albemarle County, Virginia, that the Director of Conservation and Historic Resources is requested to designate the Southern Park as a public recreational area and to recommend' to the Commonwealth Transportation Board that recreational a~cess funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Board of Supervisors gives assurance that matching funds will be pr61vided dollar for dollar from the Southern Park project for all r~icreation access funds contributed in excess of $250'000 up to ~he maximum contribution allowable, and if additional funding is ~eeded to complete the road construction, that additional funding wi~!l be provided in full from the Southern Park project fund; and FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessa~iy recreational access funds to provide a suitable access road as herel~inbefore described. Agenda Item No. 6. Request to amend the iEducation budget for 1989-90 to reflect the addition of the After School Programs. Mr. Agnor said this is a request from thei School Board that the 1989-90 budget for the after school program have $189,b00 added to it for schools which have been having after school programs conducted by the YMCA. He said the school system will now be administering th~se programs. He asked Mr. July 5, 1989 (Adjourned Afternoon Meeting) (Page 16) 138 Overstreet to be present to explain why the decision was made to put all these programs under the school's administration and which schools are affected. Mr. Overstreet said the after school programs were begun in 1977, and the first one was a YMCA program. In 1983, the school system began adding these programs in schools where the YMCA did not have a project. Over the years the program has grown to the point that they are offered in practically all of the elementary schools. It is a fully self-sustaining program. He said that means that the fees paid for these children on an hourly or per diem basis cover the entire cost of the program. The schools involved presently with YMCA programs are Meriwether Lewis, Scottsville, Stony Point, Woodbrook and Rose Hill. The requests for those schools to come under the auspices of the school administration rather than the YMCA were initiated in 1985. This year Mr. Overstreet asked principals for specific reasons for the school system to take over the programs. He said they responded with issues of quality, accountability, stability, uniformity, and opportunity. Regarding the quality of programs, he said the YMCA has not had the available supervisory personnel to give the proper oversight to the program. Whereas, in the school the principal has direct control of supervision. There was also a big turnover in personnel at the YMCA. The school programs are able to provide better enrich- ment activities, resources, supplies and materials. Principals having YMCA programs in their schools found that the personnel involved in running them were becoming discontented, had morale problems, and problems with inequities in the pay structure. The schools were having to provide materials and supplies from its after school programs in order to support the YMCA programs. He said the whole issue became one of qualit~ control. Principals feel that they should have some say in how the program!lis run because it is run in the school. They also want to have the opportunity to meet the expectations of the parents in terms of quality. Mr. Overstreet said the lack of continuity in the YMCA leadership over the last two years has impacted their programs negatively. The principals felt that the programs held in all schools should be uniform. The last issue was that more and better opportunities were ~vailable for children in school- based programs. He said he had recommended ~o the School Board that the five YMCA programs be incorporated into the school-based programs based on the input from principals. One of the five principals did indicate that he was pleased with the YMCA program in his school and would like to keep it. The School Board voted to adopt the recommendati6n to incorporate all five schools. Mr. Overstreet said he made it clear to the YMCA people that if they could run a high quality program in one or t~o of the schools, particularly where the principal wanted them to stay, tha~ would be fine. At that time, the YMCA was uncertain that they could run j~st one or two programs. He said he has not heard from them since that time, ~nd he suspects that they will not run any programs. If in the future, a partiCUlar school wants to return to the YMCA program, that could be handled administratively. He said this would require a change in the budget to shift the ~ost. He said the costs for this program would be supported by the fee structure. He said this kind of program has grown rapidly, and he expects to see mor~ requests for this kind of service. Mr. Bain asked if the revenues are exceeding the expenses. Mr. Overstreet said there is a balance between revenues and expenses. A few years ago the program was running in the red. He s~id Mr. Andy Stamp's first mission was to bring that into balance, and h~ recalls that last year's budget was the first time the deficit was made up. Mr. Lindstrom asked if this program is a~completely separate account and if all of the overhead is charged separately,l including materials and space. Mr. Overstreet said the overhead related to rental of the space is not charged to a separate account. Mr. Overstreet said i~ is a separate account within the education budget called self-sustaining programs. Mr. Lindstrom asked if all the copy costs, telephone charges, mileagD, etc. needed to make this operation run is charged to that account. Mr~ Overstreet said that was correct with the exception of the school facilities. Mr. Bowie asked if all of that overhead ~as 100 percent offset by the fees. Mr. Overstreet said that was correct, ~ith the exception of the space. He said there was no School Board or County sgbsidy for this program whatsoev- er, and there never has been to his knowledge~ July 5, 1989 (Adjourned Afternoon Meeting) (Page 17) 139 Mr. Bowie asked how many after school programs there are. Mr. Overstreet said there are about 13 after school programs. Mr. Bowie said he was confused by the additional request for funds. If the schools presently operate with no routine travel and the request shows $268 for the five additional schools, the numbers do not make sense. The same goes for the telephone request. Current- ly they have $44 for telephone, and the request shows $200 to add five schools to the program. Mr. Overstreet said the numbers partly are a reflection of the size of the after school programs. These figures reflect high levels of participation in some cases. Mr. Lindstrom asked who is included as part time teachers or part time teacher aides. Mr. Overstreet said these are almost entirely people who do the instruction and caretaking of the youngsters in the after school programs. The head teachers are also included in that budget. Mr. Lindstrom asked who actually administers the program. Mr. Overs%reet said the only administrator is Mr. Stamp, and he does not appear to be reflected, although he thought that was the case. Mr. Lindstrom said he is concArned that this be a 100 percent separate, participant-supported program. He,has a concern about the schools taking over a program that was being provided outside of the public domain. He said he understands the reasons for the cRange, although he is not sure that if the YMCA had not been competing withilthe schools, it would have done a different kind of job. He has heard from reliable sources on the school staff that this is generally not a self-supportingiilprogram. He said it concerned him to hear today that it does support itselJ. If the premise is that it is self-sustaining, then space and administration .should be charged as well. The cost of maintenance, heat, lighting, cleaning, and a reasonable proportion for space, should all be included, and the fees ~hould reflect that. If the fees turn out to be too high, then a decision wou!d have to be made regarding subsidy. He said in his opinion that would ~e the appropriate way to handle this. Mr. Overstreet said the administration n%ay be reflected in the budget in another place, and he would find out. He said he knows that custodial ser- vices, for example, and any other expense re~ated to space are not included. Mr. Perkins asked what the cost is per ~hild and how that compares to the YMCA. Mr. Overstreet said generally the rates have been about $1.00 more a day than the YMCA program. The rate is $5.25i per day. Mr. Lindstrom said if the number of students in the program are divided into the cost, what would that be. Mr. Overstreet said he did not knoW, i the number of students who participate. He said those numbers could be ~developed. Mr. Perkins said he wanted to know the amount the school charges as compared to the YMCA or what other private providers would charge. Mr. Ov~rstreet said the school charges more because the teachers are paid more. He '~aid these figures were based on last year. Next year, he said his understanR~ng was that the YMCA was increasing their rate by $0.75 per day. On a.'~ hourly basis, ~t ~s less than the neighborhood babysitter costs, whether it~:~.t~is the YMCA program or the school's program. Because the school's charg~ is a little more than the YMCA, he said there is a scholarship program funded!i through this budget. It gives a sliding scale fee based on the income of the ~amily. He said that would be adjusted to help accommodate some families wh~ may have been in the YMCA program and could not sustain any level of in6rease in charges. He said he noticed that last year there were 50 scholarship students receiving $25,000 worth of tuition discounts in the school program. He said the budget is adjusted taking into account these scholarships. Mr. Overstreet said this is not a progra~ that entails bureaucratic entanglement or overhead in terms of supervis%on and oversight. He said he has had to focus very little attention to this program. He said that is because the program is not dependent on any s~ate or federal agency for funds or rules and regulations. In his view, excep% for complaints from the princi- pals about the YMCA programs, this is a good ~rogram offering a service to the community and is nearly self-supporting. Mr. Bowie said looking at the figures, h~ does not see how the program can be self-supporting. He said it should be ~fairly simple to get a compari- son of total expenses and total income for th~ current year to see whether or not it is self-supporting. He said it seems ~at to make this program pay for itself, there would have to be 70 to 100 children in each school. Mr. Overstreet said some of the schools average 20!0 students a day participating July 5, 1989 (Adjourned Afternoon Meeting) (Page 18) 140 in this program. Mr. Lindstrom said the total would be about 1300 students in the program. Mr. Overstreet said he was surprised at the level of participation and how much it has grown. He said he had two concerns about these programs when he first came to Albemarle. He was not an advocate of schools responding to needs that other agencies could effectively do. Also, he was concerned that the program would be so difficult to manage that it would strain the resources from other areas. He pointed out that both of his concerns turned out to be unfounded. Mr. Bowie said when this comes up again next year, he would like more information at that time to see that this program is really self-sustaining, how many children are involved, what is being taught, and whether it can be done elsewhere. He has a concern about whether schools should be doing this if another agency can or will offer the program. Mr. Perkins said he thinks it is a good program and provides a necessary service to parents with school-aged children. Motion was immediately offered by Mr. Perkins and seconded by Mr. Bowie to amend the budget and appropriate the funds as requested by adopting the following resolution. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Bain, Mr. Bowie, Mr. Lindstrom, afi.d Mr. Perkins. Mr. Way. Mrs. Cooke. FISCAL YEAR 89/90 FUND PURPOSE OF APPROPRIATION: COMMUNITY EDUCATION ADDITIONAL FUNDING FOR AFTER SCHOOL PROGRAMS~FORMERLY OPERATED BY YMCA. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1330060000132100 1330060000134100 1330060000210000 1330060000231000 1330060000232000 1330060000241000 1330060000312700 1330060000520301 1330060000520302 1330060000550100 1330060000580500 1330060000580000 1330060000600100 1330060000600200 1330060000601300 1330060000601700 PART-TIME TEACHERS '~ PART-TIME TEACHERS ~$DES FICA HEALTH INSURANCE DENTAL INSURANCE '~ GROUP LIFE INSURANCEi COHNSULTING SERVICES TELEPHONE-LOCAL TELEPHONE-LONG DISTANCE TRAVEL-ROIJTINE STAFF DEVELOPMENT MISC EXPENSES OFFICE SUPPLIES FOOD SUPPLIES INSTRUCTIONAL SUPPLIES COPY SUPPLIES $108,133.00 18,382.00 9,590.00 12,000.00 1,000.00 1,328.00 7,000.00 1,425.00 200.00 268.00 950.00 4,574.00 1,000.00 16,920.00 5,600.00 630.00 TOTAL $189,000.00 REVENUE DESCRIPTION AMOUNT 1330016000161201 TUITION $189,000.00 TOTAL $189,000.00 Mr. Way said he knows that Mr. Overstreet,is responding to pressure from principals, but he is totally opposed to government getting into the business of child care. He said he knows that might belunrealistic, but he is totally opposed to the school system getting involved in taking care of children from "the cradle to the grave". He said he voted against this as matter of princi- ple, not based on the way the school administers it. He said this kind of thing happening in our country is one of the reasons for some of the problems July 5, 1989 (Adjourned Afternoon Meeting) (Page 19) 141 with young people. It is another excuse for parents not to take the responsi- bility they should for their children. He added that his vote has nothing to do with Mr. Overstreet or the way the school system runs the program. Mr. Perkins said he certainly agrees with what Mr. Way has said, but pointed out that most of the people using this service are working parents who get home an hour or so after the children get off from school. This prevents the "latch-key" children from being out on the streets, which is where many of them would be if the after school programs were not available. Mr. Lindstrom requested that when this is presented in the future, it show the actual administrative costs, the space that is used and the mainte- nance of that space, and the actual scholarship fund so that those three items are shown as separate line items in the budget. Agenda Item No. 6a. Appropriation requests for Cale Elementary School and Stony Point Elementary School. Mr. Agnor said that Mr. Overstreet has requested approval of funding for the Cale Elementary School in the amount of $5,114,000, and remodeling of the Stony Point Elementary School for $2,086,900. He said the Cale Elementary School was bid at $250,000 below budget which allowed for $145,000 overage in land cost, with $105,000 remaining. The SchoOl Board is requesting that amount as a contingency. Mr. Agnor said staff recommends that a $50,000 contingency be approved for Cale Elementary as was the case with the Crozet Replacement School. That would reduce the School Board's request by $55,000. Stony Point was bid $84,100 below budget, andithat amount is being requested for a contingency. He said it was discoveredlthat the roof is in worse condition than anticipated. An alternate bidlhas been requested on replacing the roof. That price has not yet been settled. It is being negotiated and may have to be re-bid. Staff recommends that'S1,989,900 be appropriated for Stony Point, which would not include the roof!replacement. He recommended that the roof replacement appropriation be brought to the Board for approval when the final amount is determined. This appropriation would include the $84,100 contingency the School Board requeste~d, which is approximately five percent of the construction bid. He pointed 6ut that on a remodeling project, there are usually more change orders than on a new construction project. He said the change orders would be reviewed by t~e capital projects coordinator and approved by the County Engineer. Mr. Agn6r said he intends to review those himself and give final approval in consultation with Mr. Overstreet's office if necessary. When the CIP budget hea~ing is completed tonight, Mr. Agnor said the Board would appropriate funds ~or all the projects in the first six months of the fiscal year. These project~ are listed in that appropria- tion, but he wanted the Board to have an opportunity to ask Mr. Overstreet any questions they might have. Mr. Lindstrom said given the unusual nature of this report, he thought that a motion to specifically act on these prD~jects would be appropriate. Motion was immediately offered by Mr. Lindstrom and seconded by Mr. Bowie to accept staff's recommendation for handling the contingencies, showing a $50,000 contingency for Cale Elementary Schoo~ and an $84,100 contingency for Stony Point School. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mr. Lindstrom, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mrs. Cooke. Agenda Item No. 7. Appointments: Fiscal Resource Committee. Mr. Way said these appointments are on th~ agenda for the night meeting, but he felt this could be discussed in executive session. Mr. Agnor said that individual appointments could be discussed in executive session. Mr. Way said a lot of names had been submitted to the Board'~ Mr. Bowie said he has a magisterial district appointment and a recommen- dation for an at-large appointment, but he has not been able to contact either individual. Mr. Way said the list the Board r~ceived came from the League of July 5, 1989 (Adjourned Afternoon Meeting) (Page 20) 142 Women Voters. He said it is strictly a list of suggested possibilities to help the Board in terms of selecting at-large members. With Mrs. Cooke absent, he said this committee might not be appointed until next Wednesday. The Board agreed to make these appointments at the next meeting. Agenda Item No. 8. Other Matters not Listed on the Agenda. Mr. Lindstrom asked if Mr. St. John would explain the Freedom of Informa- tion Act to the Board members soon. Mr. St. John said he could brief the Board now. Mr. Lindstrom said it would be helpful to have a succinct description of what is specifically covered and can be legitimately certified under each of the three exceptions of personnel, property acquisition, and legal matters. Mr. St. John said there is nothing new about the definition of what is a legitimate personnel matter. Mr. Bain said the subject had to be identified before going into the meeting. Mr. St. John said any number of personnel could be discussed as long as they were identifiable individuals. He said the number of people to be discussed does not have to be identified before going into the meeting. Mr. Lindstrom asked what is included in land acquisition. Mr. St. John said the law has not changed. No identification of what land is being dis- cussed or the purpose has to be given, other than to acquire same for public purposes. Mr. Bowie said the change is the motion going in and the certifica- tion coming out of executive session. Mr. St. John said that is correct. The law has not changed about the motion going into executive session except the part that says that a general statement is not sufficient, and the section of the Code involved has to be cited. Mr. Lindstrom said if someone has a question about whether a matter is proper for executive session, is there an official person given in the statute who is charged with the responsibility for giving an opinion on the conflicts of interest statue. Mr. St. John said there 19as not. The County Attorney is not charged with that duty. The only solution is that if one member of the Board feels that something is being discussed?that should not be and the others feel it is legitimate, then when the certificate is adopted, that person would vote nay. When that vote is given, the dissenter has to state what was discussed that he or she feels was not proper. There is not and never has been, a rule that the majority of ~e Board can enforce a "gag order" or silence a member from stating what ~ook place in executive session, even if all members agree it was a legitimate subject. There is no person who is officially charged with the responsibility of making that decision. In the past there was nothing to prevent a Board member from indicating that some- thing improper had been discussed in executiv~ session. But neither was there anything that required that a Board member mupt either vote that everything was proper, or must vote that it was improper~and state what was improper. That is essentially the only change with regard to executive meetings. Mr. Way said this could be further discussed at the evening meeting, and if time did not allow, it could be discussed next Wednesday morning. In the meantime, he would try to get together with Mr. St. John personally to find out what the Chairman is supposed to do. Agenda Item No. 10. Adjourn. At 5:57 PJM., with no further business to come before the Board, the meeting was adjourned. CHAIRMAN