2002-10-02October 2, 2002 (Regular Day Meeting)
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A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October
2, 2002, at 9:00 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mr. Lindsay G. Dorrier, Jr., Mr. Charles S. Martin, Mr. Walter
F. Perkins, Mr. Dennis S. Rooker and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
Clerk, Ella W. Carey, and, County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:02 a.m., by the Chairman, Ms. Thomas.
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Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
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Agenda Item No. 4. Other Matters Not Listed on the Agenda. There were none.
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Agenda Item No. 5. Presentation of Certificate of Appreciation to Mitchell Neuman.
Ms. Thomas said the Board recognizes and extends its appreciation to Mitchell E. Neuman for his
dedication and tireless efforts as a member of the Jail Authority since May, 1990. He served as the
Authoritys Chairman from 1998 until 2002. During his tenure, Mitchell assisted the Jail Board in becoming
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an Authority; was instrumental in coordinating recent efforts with the jail construction/ renovation project;
and, continuously provided valuable assistance to the Jail and its employees when called upon to do so.
She then presented him a plaque.
Mr. Neuman said he had appreciated the opportunity the Board gave him to serve on this Authority
for the past 12 years.
Mr. Dorrier asked if there will be more Federal prisoners coming to local jails. Mr. Neuman said the
Authority has tried to keep a number of Federal prisoners in the local jail because of the revenue stream.
The Federal Marshal service also contributed about $1.0 million toward construction of the jail. In
exchange for that, once completed, the Jail will hold 32 Federal prisoners. The opportunity for a revenue
stream is there if they can be given the space. It is more convenient for the Federal people to have their
prisoners held locally because the Federal Courthouse is located in Charlottesville.
Mr. Rooker asked the per diem for Federal prisoners. Mr. Neuman said it is $52.00. The Authority
just submitted an increase to $57.00.
Mr. Rooker said it is much higher than what the State pays. Mr. Neuman said the State pays
$33.00 per day. Mr. Tucker said the overcrowding which everyone hears about is principally due to holding
prisoners who are eligible for transfer to state facilities, but the State will not take them. There are about
117 prisoners being held locally who could go to a State facility. Mr. Neuman said the Jail has entered into
a program which allows it to be a conduit for State-sentenced people which allows about 10 people per
month to go directly to the Coffeywood facility in Culpeper County.
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Agenda Item No. 6. Consent Agenda. Motion was offered by Mr. Martin, seconded by Mr.
Rooker, to approve Items 6.1 through 6.4 on the Consent Agenda, and to accept the remaining items as
information.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
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Item 6.1. Proclamation recognizing October 4, 2002, as Bike to Work Day.
By the recorded vote set out above, the Board approved of the following resolution
proclaiming Bike to Work Day:
BIKE TO WORK DAY
WHEREAS, the quality of life for citizens in our community includes preservation
of the natural environment; and
WHEREAS, the County of Albemarle has adopted a traffic reduction policy to
decrease the volume of single occupancy vehicles, traffic and parking congestion; and
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WHEREAS, more commuters are choosing alternative transportation to save
time, money and the environment; and
WHEREAS, bicycling is an environmentally sound, healthy, efficient and energy
saving mode of transportation;
NOW, THEREFORE, I, Sally H. Thomas, Chairman on behalf of the Albemarle
County Board of Supervisors, do hereby proclaim
Friday, October 4, 2002 as
BIKE TO WORK DAY
and encourage all citizens to choose alternative transportation to preserve our
community's special quality of life.
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Item 6.2. Proclamation recognizing October, 2002 as Let's Talk Month (National Family Sexuality
Education Month).
By the recorded vote set out above, the Board approved of the following proclamation:
Ms. Thomas read the proclamation into the record and presented same to Ms. Laurie McDade who
thanked the Board on behalf of the Teen Pregnancy and STD Prevention Work Group of the
Charlottesville/Albemarle Commission on Children and Families. She said this subject affects everybody,
and the purpose of Lets Talk Month is to open up a dialogue. In Albemarle County, Lets Talk Month is
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being celebrated in a number of ways. Information about Sexuality Education speakers is being distributed
to PTOs in the City and the County; every member of the Chamber of Commerce has received information
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about programs they can have for their businesses and for their employees; it will be the subject of Mitch
VanYahres TV Show (Community View) this Saturday; and, displays for parents and children will be on
display all month at the Northside Library, the Health Department, and the Teen Health Center. There will
be displays at the Teen Culture Conference at the County Schools Staff Development Day tomorrow, and
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at the Omni. There will also be a mother/daughter social this Sunday at the Downtown Library.
LET'S TALK MONTH
(National Family Sexuality Education Month)
WHEREAS, parents and caregivers should be the primary sources of sexuality
education for their children; and
WHEREAS, surveys of American youth indicate that a majority of adolescents want to
learn about sexuality and sexual values from their parents; and
WHEREAS, children who learn about sexuality from their parents are less likely to
become sexually active as teens and less likely to become pregnant as
teens; and
WHEREAS, adolescent sexual activity leads not only to unwanted pregnancies but
increasingly to sexually transmitted diseases including AIDS; and
WHEREAS, an honest approach to sexuality and an ability to inform children about
sexuality in an appropriate manner are elements that promote responsible
sexual attitudes and behavior; and
WHEREAS, working together, parents and their communities can provide the
information and support necessary to prepare today's young people for their
responsibilities as adults and parents of tomorrow; and
WHEREAS, Let's Talk Month, also known as National Family Sexuality Education
Month, encourages individuals, local organizations, faith communities, and
institutions to celebrate October by promoting family education about
sexuality;
NOW, THEREFORE, I, Sally H. Thomas, Chairman on behalf of the
Albemarle County Board of Supervisors, do hereby support the Teen
Pregnancy and STD Prevention Work Group of the
Charlottesville/Albemarle Commission on Children and Families in
recognizing October, 2002 as Let's Talk Month in Albemarle County,
Virginia, and call its importance to the attention of all of its citizens.
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Item 6.3. Adopt Resolution Approving and Concurring with the Issuance of Revenue Bonds in an
Amount not to Exceed $1,550,000 for the Industrial Development Authority of the Town of Amherst,
Virginia.
It was noted that the IDA is requesting that the Albemarle Board of Supervisors consider approving
and concurring with the issuance of up to $1,550,000 revenue bonds to be issued by the Industrial
Development Authority of the Town of Amherst, Virginia (the "Amherst Authority") for the Virginia CLE a
October 2, 2002 (Regular Day Meeting)
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nonprofit education division of the Virginia Law Foundation based in Albemarle County ("VA CLE"). VA
CLE's mission is to offer seminars and publications on continuing legal education to lawyers in almost all
fields of law practice, throughout the Commonwealth of Virginia in order to help lawyers practice
proficiently, competently, professionally and ethically throughout their careers.
VA CLE seeks to finance the purchase of an office building located at 105 Whitewood Road in
Albemarle County with the issuance of tax exempt bonds in an approximate amount of up to $1,550,000.
The tax exempt bonds are expected to be sold or placed with a commercial bank. In order for a bank to
purchase this type of tax exempt bond and receive favorable tax treatment, the bond must be "bank
qualified" under Section 265(b)(3) of the Internal Revenue Code (the "Tax Code"). Issuers of bank qualified
tax exempt bonds are limited to $10.0 million in bond issuance during each calendar year. Albemarle
County (the "Host Locality"), where the building is located has exceeded its $10.0 million limit for the year
and is not able to issue bank qualified bonds. In order to issue a bank qualified bond, VA CLE must utilize
an issuer that is still able to issue bank qualified bonds during this calendar year. Federal law and Virginia
law each allow for a non-profit corporation such as VA CLE to issue a tax exempt bond through another
IDA, different from the Host Locality, so long as the governing body of the Host Locality (the Albemarle
County Board of Supervisors) and the IDA and governing body of the issuer both agree to the issuance. A
public hearing must be held before governmental body approval of the bond issue.
There have been a number of bank qualified bond issues over the last few years similar to this one.
For instance, New Kent County's IDA issued tax exempt bonds for the non-profit foundation for Christopher
Newport University for dormitories, Essex County's IDA issued bonds for a new building for the Virginia
Living Museum in Newport News and Lancaster County's IDA issued bonds for a gymnasium for Cape
Henry Collegiate School in Virginia Beach.
The procedure in this situation requires the issuing IDA to hold a public hearing, after public notice,
followed by approval from the governing body (within 60 days of the IDA hearing). Additionally, the Host
Locality governing body (in this case, the Albemarle County Board of Supervisors) must also approve the
issuance by the IDA. The Amherst Authority approved the plan of financing for the Project and the issuance
of the Bonds following a public hearing at its meeting on September 9, 2002. The Town Council of the
Town of Amherst approved the plan of financing for the Project and issuance of the Bonds at its meeting on
September 11, 2002. Both the Amherst Authority and the Amherst Town Council approved resolutions
contingent upon approval by the Albemarle Board of Supervisors.
On September 10, 2002, the Industrial Development Authority of Albemarle County, Virginia, after
public hearing, adopted its resolution recommending that the Board of Supervisors approve of, and concur
with the issuance of the Bonds by the Amherst Authority as required by Section 147(f) of the Tax Code and
Sections 15.2-4905 and 15.2-4906 of the Virginia Code.
By the recorded vote set out above, the Board adopted the following resolution approving
of and concurring with the issuance of Revenue Bonds in an Amount not to Exceed $1,550,000 for
the Amherst Industrial Development Authority as required by Section 147(f) of the Tax Code and
Sections 15.2-4905 and 15.2-4906 of the Virginia Code.
RESOLUTION
OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Industrial Development Authority of the Town of Amherst,
Virginia (the "Amherst Authority") has considered, at a public hearing held on
September 9, 2002, the application of Virginia CLE, a non-profit education division of the
Virginia Law Foundation, a non-profit Virginia non-stock corporation exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the
"Code"), based in Albemarle County, Virginia ("VA CLE") whose principal place of
business is 105 Whitewood Road, P.O. Box 4468, Charlottesville, Virginia, 22905-4468, in
Albemarle County, Virginia;
WHEREAS, VA CLE has requested that the Amherst Authority issue its revenue
bonds or notes in an amount not to exceed $1,550,000 (the "Bonds") pursuant to the
Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act") the proceeds from which Bonds will be used to
assist VA CLE in financing the acquisition of an office building located at 105 Whitewood
Road, Charlottesville, Virginia, 22901, in Albemarle County, Virginia, on approximately
2.841 acres, more or less upon which is located a 14,240 square foot office building in
which the VA CLE currently leases office space (the "Project") and to pay costs of
issuance;
WHEREAS, the Project will be owned by VA CLE and used for its offices and for
providing seminars for attorneys continuing legal education needs;
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia
(the "Albemarle Authority") has, after a public hearing held on September 10, 2002,
considered the request of VA CLE for the Albemarle Authority to recommend to the
Board of Supervisors of the County (the "Board of Supervisors") its approval of and
concurrence with the issuance of the Bonds by the Amherst Authority under the Act, in
such amounts as may be necessary to finance the cost of the Project;
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WHEREAS, the Project will also benefit the County of Albemarle, Virginia (the
"County") and VA CLE has described the benefits to the County at such public hearing
and the Albemarle Authority has recommended that the Board of Supervisors approve of
and concur with the issuance of the Bonds by the Amherst Authority under the Act;
WHEREAS, Section 147(f) of the Code provides that both the governmental unit
having jurisdiction over the area in which any facility financed with the proceeds of private
activity bonds is located and the governmental unit on behalf of which such bonds are
issued must approve the issuance of the bonds after public hearing; and
WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created
an industrial development authority, no industrial development authority created by a
second locality may finance a facility located in the first locality unless the governing body
of such first locality concurs with the inducement resolution adopted by the industrial
development authority created by the second locality;
WHEREAS, the Project to be financed through the issuance of the Bonds is
located in the County and the Board of Supervisors constitutes the highest elected
governmental unit of the County;
WHEREAS, the Board of Supervisors has created the Albemarle Authority
pursuant to the Act;
WHEREAS, the Town Council of the Town constitutes the highest elected
governmental unit of the Town;
WHEREAS, the Town Council of the Town has created the Amherst Authority
pursuant to the Act;
WHEREAS, the Town Council of the Town approved on September 11, 2002,
the plan of financing for the Project and the issuance of the Bonds for the benefit of VA
CLE and has designated the Bonds as "qualified tax-exempt obligations" under Section
265(b) of the Code; and
WHEREAS, the approving resolutions of the Town Council of the Town and the
Amherst Authority are each contingent upon the Board of Supervisors approval of, and
concurrence with, the issuance of the Bonds by the Amherst Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board of Supervisors of the County hereby approves and concurs with
the financing of the Project and the issuance of the Bonds by the Amherst Authority for
the benefit of VA CLE, as required by Section 147(f) of the Code and Sections 15.2-4905
and 15.2-4906 of the Act, to permit the Amherst Authority to assist in the financing of the
Project.
2. The approval of and concurrence with the issuance of the Bonds, as required
by said Section 147(f) of the Code and Sections 15.2-4905 and 15.2-4906 of the Act,
does not constitute an endorsement of the Bonds or the creditworthiness of VA CLE or
otherwise indicate that the Project possesses any economic viability. As required by the
Act, the issuance of the Bonds as requested by VA CLE will not constitute a debt or
pledge of the faith and credit of the Commonwealth of Virginia, the Town of Amherst,
Virginia or Albemarle County, Virginia. Neither the Commonwealth of Virginia nor any
political subdivision thereof, including the Amherst Authority, the Town of Amherst,
Virginia or Albemarle County, Virginia shall be obligated to pay the Bonds, or the interest
thereon, or other costs incident thereto, except from the revenues and monies pledged
therefore, and neither the faith and credit nor the taxing power of the Commonwealth of
Virginia nor any political subdivision thereof, including the Amherst Authority, the Town of
Amherst, Virginia and Albemarle County, Virginia, will be pledged to payment of principal
of such Bonds or the interest thereon or other costs incidental thereto.
3. This resolution shall take effect immediately upon its adoption.
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Item 6.4. 2002 General Obligation Bond Referenda Endorsement Resolution.
By the recorded vote set out above, the Board adopted the following resolution endorsing
the 2002 General Obligation Bond Referenda which will be on the ballot on November 5, 2002:
2002 General Obligation Bond Referenda
Endorsement Resolution
WHEREAS, on November 5th Virginia voters, including Albemarle County residents, will
have an opportunity to approve two important general obligation bond
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referenda; a $900 million bond for Higher Education and Museums and a
$119 million bond for State Parks and Natural Areas;
WHEREAS, the future of Virginia rests in the quality of our schools, and this $900 million
bond will pay for needed upgrades, renovations, modernizations, and new
construction in our schools, museums and historical sites;
WHEREAS, this bond will provide funding for significant and critical new construction
and expansion/rehabilitation projects at both the University of Virginia and
Piedmont Virginia Community College;
WHEREAS, over the next decade, an additional 32,000 qualified high school graduates
are expected to enroll at our colleges, universities and community colleges.
That's on top of the 325,000 students these institutions now serve;
WHEREAS, the Higher Education General Obligation Bond includes crucial funding to
build laboratories for medical research and to modernize laboratory
classrooms that are used to train health care workers;
WHEREAS, by providing funds for research laboratories and teaching facilities, the bond
referendum will help Virginians have access to well-trained health care
professionals and new, cutting edge treatments - and this means better
health care and a better quality of life for all Virginia;
WHEREAS, the state-owned museums are valuable assets for partnering with schools
to accomplish the Standards of Learning, for enhancing the economy
through tourism and new business development, and for improving the
quality of life for all Virginians;
WHEREAS, the state-owned museums are stewards of Virginia's artistic, historical and
scientific heritage. They are not only interested in the past; they serve as
catalysts for future scholarship, innovation and creativity;
WHEREAS, the Commonwealth's natural landscapes are vanishing at an alarming rate,
and Virginia's citizens have voiced concern for lack of open space both now
and for future generations;
WHEREAS, State Park visitors, over seven million a year with nearly 40 percent from
outside, contributed $144 million to the state's economy in 2001;
WHEREAS, the Parks and Natural Areas Bond referendum will enhance Virginia's
tourist potential, increase the flow of out-of-state revenue to Virginia; help
stimulate our sluggish economy particularly in rural areas, and improve
recreational offerings throughout Virginia for the enjoyment of our citizens
and families;
WHEREAS, Virginians can provide further for future generations by supporting the
$900.0 million Education Bond referendum that would finance capital
improvement for universities, colleges, and museums;
WHEREAS, voter support of these referendums would result in significant improvements
to the state's educational facilities, outdoor lands and museums, without a
tax increase, as well as create jobs in corresponding communities;
WHEREAS, passage of these referenda will create 14,000 new jobs and have an
economic impact of $1.5 billion;
WHEREAS, passage of these two referenda will not jeopardize Virginia's AAA bond
rating;
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors endorses the passage of the Virginia State Parks and Natural
Areas Bond and the Higher Education Bond referenda and further
encourages that the citizens of the Commonwealth support these referenda
on the November 5, 2002, ballot.
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Item 6.5. Memorandum dated September 4, 2002, from V. Wayne Cilimberg, Director of Planning
and Community Development, to Robert W. Tucker, Jr., County Executive, re: Review for Compliance with
the Comprehensive Plan (Va. Code Sec 15.2-2232) Water Storage Tank, Southern Urban Area.
It was noted in the staffs report that the Albemarle County Planning Commission, at its meeting on
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August 27, 2002, by a vote of 4:0, approved the Review for Compliance with the Comprehensive Plan (Va.
Code 15.2-2232) by finding the Water Storage Tank, Southern Urban Area, consistent with the
Comprehensive Plan based on the following: the site plan must demonstrate to the satisfaction of the
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agent that the visual impacts are compatible with the Rural Area designation; existing vegetation must be
preserved to the extent feasible within one hundred feet of the tower; there must be additional landscape
screening within the radius; the water tank must be painted a dark earth-tone color; and, through whatever
other appropriate means are deemed necessary by the agent. This memorandum was received as
information.
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Item 6.6. Draft Planning Commission minutes of September 3, 2002, was received as
information.
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Item 6.7. Thomas Jefferson Soil and Water Conservation District Annual Report (on file in Clerk's
office), was received as information.
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Item 6.8. Certified copy of statements of assessed value for electric, gas, telecommunications and
water companies in Albemarle County, Virginia, as prepared by the State Corporation Commission, were
received for information.
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Item 6.9. Update on Thomas Jefferson Planning District (TJPDC) Legislative Program for FY
2003, was received for information.
Ms. Thomas noted that on Page 7 there is discussion of a statewide tipping fee. She said this
Board has discussed this and felt the uses of that revenue stream sounded good and might help with
closure costs on the landfill and it would help to preserve some rural land. But, there is no guarantee about
where that money would go. The other counties are more like the City in that they would have to pay
increased tipping fees, so that is the only legislative proposal where there seems to be a difference in
opinion between Albemarle and the rest of the PDC.
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Item 6.10. Charlottesville VDOT Residency Monthly Report, October 2002, was received for
information.
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Agenda Item No. 7a. Transportation Matters Not Listed on the Agenda.
Mr. Jim Bryan, Resident Engineer, said the Departments major focus this month will be snow-
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readiness.
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Mr. Perkins (HAS ON NO MIKE) said he has previously asked to have the speed limit on Browns
Gap Turnpike checked. He asked for a report. Mr. Bryan said it is noted in this months report that the
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request is being reviewed in Culpeper at this time.
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Mr. Perkins said the Board had received a letter from Ms. Nancy W. Luck asking for a reply to her
request for attention to Clark Road in White Hall. She had asked for some guardrails.
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Mr. Perkins said Mr. Bryan mentioned at an earlier meeting that the public hearing concerning
Jarmans Gap Road might be in December. Mr. Bryan said that hearing has been moved to February,
2003.
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Mr. Perkins said he has noticed that in many places gravel from driveways is encroaching into the
roadway on black-top roads. That creates a big bump and if passing a car coming in the opposite direction
it creates a surprise for the driver. He asked if VDOT could look at those situations and get the gravel back
into the driveways. It is a safety hazard, particularly on Route on 810.
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Mr. Martin thanked Mr. Bryan for VDOTs work on Route 600 next to Stony Point.
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Mr. Dorrier said there was a public meeting in the Scottsville area dealing with walkways and green
paths, and also with road problems. A recommendation came out of that meeting to put a roundabout at
the intersection of Routes 20 and 726, and another at the intersections of Routes 726 and 6. This is
preferred to having a stop light. He asked if VDOT has any thoughts about that recommendation. Mr.
Bryan said there has to be a need identified for any kind of traffic control. As an alternative to a traffic
signal, a roundabout is a good alternative provided there is sufficient right-of-way. Last month, the Board
asked for an example of a roundabout they could go and see, and the best example he found is one of the
traffic circles on Monument Avenue in Richmond.
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Mr. Rooker asked if any work had been done concerning his request to lower the speed limit on
Barracks Road at the entrance to Colthurst Subdivision, plus adding a left-turn lane in the center of the road
October 2, 2002 (Regular Day Meeting)
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and a right-turn deceleration lane. Mr. Bryan said VDOT can install a black/orange warning sign that the
driver is approaching an intersection. He suggested waiting to do that until actual construction begins on
the church.
Mr. Rooker said the traffic study for that project indicated there is a need now. The Board could not
deny the church a permit because the need for these improvements preceded the church request. He
thinks it is an unsafe situation. Mr. Bryan said he thinks VDOT can put in one of the symbols. It might be
tougher to lower the speed limit.
Mr. Rooker suggested lowering the speed limit further up the road. He said if it were lowered at the
top of the hill just beyond Colthurst, there would be an improved situation, but ultimately a left-turn lane is
needed. Mr. Bryan said when VDOT does speed studies, it measures the 85th percentile to determine how
fast people are actually driving. If motorists are going a certain speed, and it is artificially lowered, motorists
will drive at the speed at which they are comfortable. Lowering it to an artificial speed breeds non-
compliance and lack of credibility in the system.
Mr. Rooker said he believes the speed limit should be set based on safety. He thinks there is an
unsafe situation at the entrance to Colthurst. Mr. Bryan said VDOT will look at the request.
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Mr. Bowerman said a couple of people have called him to complain about the condition of Route
643. It is a major access from the Earlysville area to Route 29 North and is deteriorating.
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Ms. Thomas asked about reconstructing the bridges on Route 250 East across Limestone Creek
and Carroll Creek. She said the fire department is concerned it will block them off. Mr. Bryan said VDOT
has met with them a couple of times and will meet with them as the construction plans are developed. The
time frame can be pinpointed when the bridge cannot be used, if that happens at all.
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Ms. Thomas said she had mentioned the intersection of Bloomfield Road and Route 250 West.
The stop light turns red on Route 250 in the middle of the night when no one is exiting from Bloomfield.
She tripped it herself and found that it may be caused by cars staying in the intersection too long before
turning right onto Route 250. Mr. Bryan said he will have that signal checked.
Mr. Bowerman asked if it would be possible to go to a flashing light later in the evening. Ms.
Thomas said there was a flashing yellow at that intersection for several years, and there was still bad
accident data at that intersection. Mr. Tucker said that was a flashing light 24-hours per day. It might be
different with a flashing light just late in the evening and through the night.
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Mr. Rooker said the MPO has discussed several times the fact that the Southern Parkway does not
qualify for Primary or Secondary Road Funds. He would like for Mr. Bryan to see if there is anyway to get
this project funded.
Ms. Thomas said the last thing she heard was a request that the City and the County make sure the
route proposed is the final route for the road. One of the routes goes through the City. She does not think
that discussion has been finished. Mr. Bryan said there was a presentation to the Board about this route
several months ago.
Mr. Rooker said staff said they have never received a response from VDOT to the request that this
road be included as a potential secondary road. Mr. Bryan said he does not think there would be a problem
putting it in the Six-Year Plan, but establishing its priority is at the discretion of this Board. The road could
quality for secondary funding, but it would be very expensive.
Mr. Bowerman said the person who owns the property just north of I-64 between Fifth Street and
Avon Street has a conceptual plan which calls for a two-lane connector between Avon Street and Fifth
Street. It is possible that could serve as a possible substitute.
Mr. Rooker said the fire/rescue people have sent several letters to the Board and the MPO pointing
out that the road is necessary from their standpoint in servicing the southern part of the County. Mr. Bryan
said staff is working on the Six-Year Plan now, and if the Board feels strongly about the road it can be
included in the next update.
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Agenda Item No. 8. Department of Social Services - Customer Satisfaction Survey Results,
Presentation of.
Ms. Kathy Ralston, Director, introduced Mr. Paul McWhinney and Mr. John Freeman, staff
members, and Mr. Harry Levins, a member of the Advisory Board. She said that in the last four years the
department has identified key elements of a successful organization. Three of these elements are related
to the survey which will be presented today. First, they can collect and analyze data. Second, the
organization must focus on quality and customer satisfaction. They have set Quality Case Load Standards.
That is the focus on quality and what the survey is based on. Third, is the ability to change and improve.
They must be willing to listen to feedback and not be defensive. Their goal is to be curious first, and critical
second. She said the department was pleased with the results of the survey. She then introduced Ms.
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Suzanne Huddleston, from the Wessex Corporation, the business which managed the survey.
Ms. Huddleston made a visual presentation of the results of the survey (Please see booklets
entitled , by The
Albemarle County Department of Social Services, 2002 Customer Satisfaction Survey
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Wessex Group, Ltd., which is on file in the Clerks Office). She said the research objectives of the study
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were to provide information on customer satisfaction in accordance with the departments overall strategic
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plan and Quality Caseload Standards, to establish benchmarks for future assessments, and to identify
areas for possible improvement within the departments processes and operations. She said they designed
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the survey along with staff members, tested it with a group of Social Services customers, and mailed it to
about 3600 people. Eventually, 1000 responses were received. About 75 percent of those people have
lived in the County for more than five years. Nearly two-thirds of these people are not part of the labor
force, but are retired or disabled.
Ms. Huddleston said the customer satisfaction issues they looked at were: respect, customer
service communication, assessments, knowledge of the staff and their professional development issues.
Respect received a very high rating. She was impressed with the results, but two things that could use
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some work are, responding promptly to requests, and returning phone calls.
Customer Service factors of respecting co-workers, being courteous to customers, being non-
judgmental, and being flexible got very good ratings from those responding. They also looked at
Communication Factors. She is very impressed with the ratings for this category. However, there could be
better explanation of details as some of the programs are extremely complex and need a lot of explanation
about regulations. As to Comprehensive Assessments, there were very high ratings. If there are
perceptions that need improvement among the customer group, it might be understanding personal needs
and helping some of these people make their life decisions. As to Knowledge of Policies and Procedures, it
got an 83 percent rating. Perhaps, Social Services might want to focus more on how to change the
perception of Benefits and Services-Decisions Fair which received only a rating of 73 percent. As to
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Professional Development, working with co-workers received a rating of 81 percent, which is good, but
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they may want to overcome a little confusion among some of the customers, especially those that have to
work with multiple agencies. They may want to continue with some follow-up efforts to be sure customers
understand how to deal with the services they are trying to get for themselves.
Ms. Huddleston said their conclusions of the overall survey were: customer satisfaction was
relatively high for many attributes, particularly those that reflect the quality of contact between customer and
Social Service staff. The areas where customers are less satisfied tend to revolve around communication
issues. Customers perceive a lack of knowledge among staff, and that may be a function of the customers
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lack of understanding. In part, perception may be a function of complex rules and regulations. Staff may
need more training in some areas.
Ms. Huddleston said that in order to help improve overall customer satisfaction, they recommend
that there be a stronger focus put on responding to requests; returning telephone calls; making clear,
detailed explanations of services and programs; attempt to maintain and project a non-judgmental attitude;
attempt to understand and/or respond to each customers personal needs.
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Ms. Huddleston said the data base has been forwarded to Social Services so they can look at all
the survey results and individual concepts. The survey was totally anonymous so it cannot be related back
to any particular person. The survey could be repeated in 18 to 24 months to measure changes in
customer satisfaction.
Mr. Dorrier said success of a program is measured by courtesy, etc., but he wondered if success is
measured by creating independent consumers. Ms. Ralston said that is a good question, but a different
survey. This survey was about customer satisfaction focusing on quality caseload standards and how well
people are treated. She said the department does quite a few field visits so staff is in the customers home.
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She said these standards are important to staff. They established a benchmark and went through a self-
assessment in the Spring of 2001. This survey provided evidence to show whether that self-assessment
was right or wrong. They are in the process now of identifying strategies and actions. They have
established some new standards about the returning of phone calls. Although there are a lot of excellent
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and good ratings in the survey, if they are broken down, in some cases there are more good than
A@A@
excellent. Their goal is to get to excellent. The message for staff is that they did a good job, but good is
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not good enough. They need to get to excellent.
Ms. Thomas asked if the Quality Caseload Standard is actually a set of things which are written
down. Ms. Ralston said each standard has various attributes. They have identified many factors which are
included in the performance evaluations.
Mr. Rooker asked about lowering reading requirements for understanding information. Ms. Ralston
said this is something staff needs to work on. A lot of forms are generated by the State office which says
they are done at an eighth grade reading level. The forms are complex, so staff has to set some strategies
in place to improve the forms. Also, it is not just the forms, but how staff verbally communicates with
customers.
__________
Ms. Thomas said the Board will be discussing its Strategic Goals and Objectives, after lunch today.
She asked if Ms. Ralston would be present then. Ms. Ralston said she had another meeting out-of-town
later today.
Ms. Thomas said it seems to her that a lot of the goals are a long way into the future. One of those
October 2, 2002 (Regular Day Meeting)
(Page 9)
has to do with senior citizens receiving preventive services and support for self-sufficiency. She assumes
the County already has those strategies in place. She asked if that is something the department is still
working on. Ms. Ralston said it is a community focus as well. JABA is working on their 2020 plan now, and
there has been a lot of community input on that plan.
Ms. Thomas said the other thing which is not on the list until 2006 is having an effective and
coordinated approach to provide targeted services to at-risk children, adults and families. She asked if it is
really that far off. Ms. Ralston said they are pretty coordinated right now in the community, but there are
plenty of areas that need to be improved, and it will take that much time to do it really well.
Ms. Thomas thanked all for the report.
_______________
(Note: At this time, the Board skipped Agenda Item No. 9 temporarily.)
Agenda Item No. 10. Piedmont Virginia Community College (PVCC) Annual Report.
Mr. Frank Friedman, President, PVCC, was present He introduced Mr. Frank Copeland and Mr.
Chuck Gross, County-appointed PVCC Board members who were present. The other two County-
appointees could not be present. He said they do a wonderful job representing the Board and the citizens
of Albemarle. They are committed to PVCC, its work and its outreach efforts.
Mr. Friedman said enrollment continues to grow. The year that ended June 30, 2002, set a record
for enrollment. It exceeded any previous year by just under four percent. There were just under 7000
students in that year in the credit courses, with another 2000 in non-credit courses. Of the 7000, almost
precisely one-third are Albemarle County residents. From Albemarles high schools last year, 204 of the
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graduates came directly to PVCC or 25 percent of all students in Albemarle schools. For the semester
which just started, PVCC is seven percent ahead of last fall in enrollment. They were not prepared for that
kind of enrollment increase this year. They spent a good part of registration looking for additional space
just trying to accommodate the increase. He said the demand level at night is so high that they do not have
enough space on campus. This fall they are running 24 courses at Albemarle High School with nearly 500
students enrolled there. This year for the first time there are courses taking place at Monticello High
School, with about 80 students involved.
Mr. Friedman said PVCC continues to advance with dual enrollment of high school students.
There are 51 students at Albemarle High taking dual enrollment courses, with 21 students at Western
Albemarle in dual enrollment. Across their entire service area there are about 400 students taking college
courses and earning college credits.
Mr. Friedman said they are expanding distance learning capabilities using technology to make
education more accessible for people who do not have the time, or for whom transportation is a problem.
There are almost 600 students taking courses over the Internet. Of that number, 118 are Albemarle
residents. They offer courses via video conferencing to sites that have that capability (all of those are
outside of Albemarle). They have taken some of their unique courses (such as the surgical technology
program) and through video conferencing beamed it to other community colleges, especially in rural areas
where they did not offer those courses.
Mr. Friedman said the Board has already taken action on the general obligation bond, and he
thanks it for its endorsement of that bond. PVCC has two projects that will hopefully be funded through the
bond. One is a fire suppression system in the main building. The big project is a $5.0 million science and
technology building, a new building to be constructed on campus. That will give PVCC the classroom and
lab space which is desperately needed. It will also allow them to build all new science labs which are now
30 years old. They will get space for development of new programs. The health care industry in this area
has a great shortage in areas other than nursing. The hospitals approached PVCC about opening other
programs in the health care arena, phlebotomist, radiologist tech, physical therapist assistant, occupational
therapist assistant, etc. They cannot do it until there is lab space available. When the new building is
completed, hopefully they will be partnering with the health care providers in the community to expand their
array of health care programs.
Mr. Friedman said renovation of PVCCs main building, which has been on hold, is unfrozen again
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and they expect renovations to start in January. He said they remain interested in the Monticello Visitors
Center and hope to get that facility back as part of Piedmont. They would like to have that serve as a
workforce development center, and to link with the one-stop career centers that are mandated by the
Workforce Investment Act.
Mr. Friedman said the dark cloud hanging over PVCC is the budget cut. They have turned in
budget cut scenarios at seven percent, 11 percent and 15 percent, and wait for a response from the
Governor. The irony is that budget cuts are being discussed when demand continues to go up. He
anticipated that the State Board for Community Colleges will probably entertain another tuition increase to
generate revenue, perhaps as soon as January. PVCC has no control over that since rates are set by the
State Board. They are also gearing up for a major fund-raising effort in the next 24 months. They will be
looking at a couple of critical elements. One is to increase access. There are still one-third of high school
graduates who do not go on to a college. There are still a large number of adults in the community who
have never been to college. They see issues such as financial need and psychological barriers holding
people back. They want to raise a scholarship fund through the private arena to address that issue and
October 2, 2002 (Regular Day Meeting)
(Page 10)
increase access to higher education. More and more jobs require higher skill levels.
Mr. Friedman said they will concentrate on student success. It is not enough to just get people into
PVCC, but they must be able to succeed there. There are still too many students who wander through the
curriculum, not knowing what their goals are. If goals are not set, it is easy to just drop in and out. They will
seek private funding to help with those students. They will also seek private funding to help with all of those
health care programs he mentioned earlier. He said the Board will be hearing more about their fund-raising
efforts after the first of the year.
Mr. Friedman said PVCC will be on the cover of this week and it is a good synopsis of what
Cville
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they have accomplished in the three years since the Dickenson Building opened. They are proud. He
mentioned that in the packet given to the Board today is a brochure listing all of the events (over 100) which
will take place in the Dickenson Building this year.
Mr. Friedman said PVCC has a part to play in the water conservation measures. They have put
into effect a series of measures hoping to cut consumption by at least 20 percent. They are measuring
usage year-to-year and not by the previous month because the number of people on campus is quite
different in different months. They discontinued all outside watering in July. During the last month they
have shut off all the water fountains and all the sinks at the entire college. Everybody is using the water
less hand cleaners. They have put in low-flow showerheads and are limiting showers to two minutes.
There are signs all over the building urging people to conserve. There are no fountain drinks in the
cafeteria. The temperature in the Dickenson Building was raised by eight degrees. The Dickenson Building
uses a lot of water in the cooling system, whereas the main building does not. They have gone entirely to
disposable plates and utensils.
Mr. Bowerman asked what that does to budget costs. Mr. Friedman said there is cost associated
with most of these measures, and some have required plumbing work. At this point, he offered to answer
questions.
Mr. Dorrier said he thinks PVCC has an amazing range of activity in the arts program. It is amazing
that so much has been done in three years. Mr. Friedman said they are pleased. Expanding the arts
program impacts the students. Enrollment in arts programs has increased. It also serves the community
by bringing in an array of activities.
Mr. Dorrier said he noticed that there are major movies which are free and major lectures which are
free. Mr. Friedman said when they first started three years ago they said the theater should reflect the
mission of the college. The mission of the college is to bring people into higher education, and the mission
of the theatre should be to bring people into the arts and to expose people who might not otherwise be
exposed to the arts. They try to put on as many free and low-cost events as possible. But, they charge for
some things to offset the costs of events geared toward children.
Mr. Martin said Mr. Friedman had mentioned that one out of every four Albemarle graduates attend
PVCC. He asked how many of those students are wanderers and how many receive an actual two-year
education. Mr. Friedman said he does not have those figures. About 55 percent (2500) of PVCC students
want to transfer to a college, or they are in transfer-oriented majors. Then there are about 1500 students
who are strictly in programs leading to immediate job opportunities. That leaves about 1000 who are taking
courses for personal interest or personal improvement. Generally, the students coming out of high school
are interested in transferring and going on to a bachelors degree. The older students are more interested
in the immediate work force programs.
Ms. Thomas thanked Mr. Friedman for his report.
_______________
(The Board returned to the published agenda at this time.)
Agenda Item No. 9. Update on Development Projects.
Mr. Tucker said there are three updates to be given today. The first is by Mr. Bill Fritz,
Development Process Manager, about the status of automating the permitting process. Second will be by
Mr. Wayne Cilimberg on the status of review of the Rural Areas. Third, Mr. Mark Graham, County
Engineer, will give an update on the Neighborhood Model.
Mr. Fritz said that over the last year and a half staff has been working to develop an automation
system so they can accept, review, approve and track the numerous development-related applications
received, as well as coordinate various inspections and approvals electronically. The County has some
tracking systems in use now, but they do not fully integrate and coordinate the various applications and
reviewing agencies. Staff wants to improve accuracy and efficiency, and also be able to do more work
using the existing number of staff members. A comprehensive RFP was developed, let, and responses
have been received. The proposed permit tracking system will be able to track and maintain records of all
land-use activities (rezonings, special use permits, subdivisions, site plans, variances, building permits,
erosion control permits, stormwater management agreements, violations, complaints, and comprehensive
plan amendments). The new system will be integrated with the County's GIS and CAMA (Computer-Aided
Mass Appraisal) systems. (Mr. Fritz then gave a slide presentation of the proposed system.)
Mr. Fritz said this new system will allow information to be sent through E-mail to the various
October 2, 2002 (Regular Day Meeting)
(Page 11)
departments. It will allow the information to be linked so that any conditions will be available to all staff and
no permit will be issued until those conditions are satisfied. It will also allow staff to send this information to
members of the public through E-mail. The system will allow people to call in via the Internet and gain that
information without having to contact staff at all. He has outlined in the executive summary nine key areas
of the proposed system. He offered to answer questions and explain why this particular system was
chosen.
Mr. Rooker asked if other jurisdictions which are using this system had been contacted. Mr. Fritz
said staff had nine different companies make a presentation so that it would know the kind of programs
which are available on the marketplace. Staff then wrote the RFP with some knowledge of what functions
these systems could perform. At least one of the respondents did not even meet the minimum
requirements in the RFP. The responses were evaluated, other localities were contacted, and staff visited
one locality to see how the software works. A wide variety of communities, large and small, gave this
system a good recommendation.
Mr. Bowerman asked what affect the delay in hiring a senior planner will have on implementation of
this program. Mr. Tucker said there should be no affect. He noted that in the executive summary there is
the cost of this software. Already budgeted in this fiscal year is $30,000 for the payment on a five-year
lease/purchase agreement. In succeeding years, about $43,000 per year will be budgeted. The staff does
need the Boards approval to move forward with the purchase.
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Motion was then offered by Mr. Rooker to approve the program as presented. The motion was
seconded by Mr. Bowerman. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
__________
Mr. Cilimberg said the Board received a report on the status of the Rural Areas review at its August
7, 2002, meeting. Since then, the Planning Commission has had further review and consideration of the
review schedule. After discussion at three meetings, the Commission endorsed a revised schedule which
incorporates a modified approach to the initial public sessions as well as changes in the drafting of the
Rural Area section by staff. The initial public sessions will include both background information and Rural
Area trends as well as specific Rural Area issues and alternative policy directions for public feedback. The
Commission felt it was important to provide the public with more substance for their response as part of
these public sessions.
While staff preparation time for these public sessions will be increased, the number of sessions has
been reduced from six to four. The schedule also features a joint meeting of the Commission and Board
following the public sessions to review the outcome of those sessions and provide staff policy direction.
With this anticipated direction, staff's subsequent work in drafting the Rural Areas section will occur in one
phase instead of two phases as previously proposed. The result of this modified schedule is that the
Commission's recommendation to the Board would occur at the end of May, 2003 rather than late October,
2003, a reduction of about five months.
__________
Mr. Cilimberg said the Board originally reviewed the status of the implementation activities at its
August 7, 2002, meeting. Since then work has progressed on a number of tasks necessary to implement
the Neighborhood Model. Tonight there will be a meeting in Crozet to review the work of all the Task
Forces. Work on the Crozet Master Plan is on schedule. They are trying to stay with the schedule with the
Neighborhood Model Zoning District. There was a work session on this last night with the Planning
Commission. They did not decide to take it to public hearing yet, so that will affect the schedule. The
Commission wants one more work session. There are a lot of concepts going into the Neighborhood Model
work which affect the schedule. Also, three Commissioners were missing from that work session, so their
input was missing. Hopefully, one more work session will allow the work to move forward to public hearing.
Mr. Cilimberg said as the Commission works on the Neighborhood Model Zoning District and needs
more information, other things are affected. One of those things is in the DISC Volume II report, Subdivision
Ordinance changes, and the other in the DISC Volume II report, Zoning Ordinance changes. Originally
these items were to be completed in March, 2003. Based on the kind of information necessary to pull those
amendments together, the staff work necessary, the work of the various development departments, the
County Attorneys Office, having staff review and getting public input and discussion, the schedules have
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changed. The subdivision work is anticipated to be completed by this Board in early June, 2003. The
Volume II zoning changes are anticipated to be completed by this Board in early July, 2003.
Mr. Rooker asked if there is still to be a separate Neighborhood Model Zoning District. Mr.
Cilimberg said yes. That is the part the Commission discussed at a work session last night.
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Mr. Rooker said he had received a draft of that recently. He asked if it will take as long as is
scheduled to hear it again. Mr. Cilimberg said the Neighborhood Model Zoning District is shown on the
schedule as the second item under zoning changes. It should be completed by this Board by the end of
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2002. However, this is a new zoning district, but all 18 zoning districts in the existing ordinance will be
affected.
Ms. Thomas asked if it is possible that it will not be completed by the end of 2002. Mr. Cilimberg
October 2, 2002 (Regular Day Meeting)
(Page 12)
said that is possible. It will depend on how much time this Board needs when they finally get the
recommendations.
Ms. Thomas asked if there is any way to speed up the process. Mr. Tucker said staff could hold an
educational session with the Board members at one of the day meetings. That would get this Board up to
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speed when the final recommendation is received from the Commission.
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Mr. Rooker said he would like to have all the drafts that are put out on these amendments. It is
also helpful to get copies of the Commissions minutes to see the points they are debating. Mr. Cilimberg
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said the Board has not been receiving all of the drafts, but they can be forwarded. Mr. Bowerman asked
that his copies be sent electronically.
__________
Mr. Cilimberg said he will answer a question posed by Mr. Bowerman earlier. Staff is not delaying
the hiring of a senior planner. The hiring of one planner was moved forward on the schedule, and the hiring
of the other planner was moved back. Staff needs assistance now because of projects which have been
filed with the County.
Mr. Cilimberg noted that under Affordable Housing there is a new schedule that reflects the
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Housing Committee's approach to getting a policy in place that would be an element of the Comprehensive
Plan approved by this Board. Staff wants to establish a policy which will give it something to work from
during the rezoning process in terms of proffers, as well as be the basis for any new ordinance for the
County. Ultimately, the work of the Housing Committee and this Board will be completed in May, 2003.
Ms. Thomas asked if State law forbids the County having a mandatory affordable housing
inclusionary zoning category. Mr. Davis said the Board can implement an affordable housing ordinance,
but it cannot be mandatory. When the Board obtained the new enabling authority last year, it cut out all of
the requirements attached to the affordable housing ordinance in the past which made that ordinance
unworkable. Now, the County is in a position to implement an affordable housing ordinance effectively, but
it cannot be mandatory.
Mr. Rooker said he always stumbles on affordable housing when it gets to second round of sale.
Unless a government authority owns the housing, keeping the housing affordable is not binding on the
second seller, so then everything moves up to market and the area may no longer be affordable. There
are programs in place for rental property to insure that the housing remains in the market according to the
definition.
Ms. Thomas said because of the pressures of growth, Loudoun County had not been getting any
affordable housing. Now they are tackling the problem, and seem to be pleased with what they have
started.
Mr. Martin said that all during discussion of the Neighborhood Model, people talked about
increasing densities and mixed uses saying a variety of styles would lead to affordable housing. He did not
believe it then, and he does not believe it now.
Mr. Bowerman asked if this would be a way to make affordable housing occur. Mr. Martin said if
the Board wants affordable housing, it will have to be done through a completely different route. It will not
occur from having increased densities, and mixed uses.
__________
Mr. Martin asked about the Mountaintop Ordinance and if that is putting more work on the staff.
Mr. Cilimberg said that is more related to work being done on the Rural Area. When the report is presented
in December, staff will indicate what needs to be done to bring that ordinance back to the Board.
Mr. Cilimberg said that Infrastructure and Services in the Subdivision Street Standards is being
A@A@
worked on by the Engineering Department staff. This work is probably being delayed by two months. Also,
for Water and Sewer Provisions, work is being delayed somewhat. It had been anticipated that this would
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be completed by June, 2004, but now it will probably not be completed until after August, 2004.
_______________
(Note: The Board skipped Agenda Item No. 11 temporarily because the applicant was not
present.)
Agenda Item No. 12. Board-to-Board Presentation, School Board Chairman.
Mr. Steve Koleszar, School Board Chairman, was present. He said they recently approved their
2002-2004 Priorities. A detailed listing of those was forwarded to the Supervisors. It is consistent with what
has been going on, but they had to make adjustments for the new No Child Left Behind Act of 2001. In
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the past gaps in achievement between majority and minority populations have been studied, but under this
new act, numbers are compared against themselves. The goal of the new act is to bring those groups up
to 100 percent passing.
Mr. Koleszar said the School Board, on August 8, voted to add 300 seats to Monticello High
School. Rancorn Wildman (the original architects) were hired as the architects for this addition. Mr. Jack
Clark will be working on this project again.
October 2, 2002 (Regular Day Meeting)
(Page 13)
Mr. Koleszar said the School Board has implemented water conservation measures. An
instructional video is being produced on the current drought and its impact on both local surface water and
groundwater resources. It will be shown in the schools and on the local cable TV station. Also, the drought
is being used as a teachable moment. The science coordinator has developed lesson plans for the
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teachers to use in all the grades in terms of biology and ecology.
Mr. Koleszar said the School Board is ready for a public hearing on October 12 on a spot
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redistricting for the middle schools. Approximately 80 students are proposed to be moved from Walton to
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Burley. Walton is currently the only middle school which is over capacity. That decision will be made by the
School Board on October 24. The School Board decided not to deal with any other redistricting at this time.
When Sutherland becomes overcrowded, there will be space both at Jouett and Burley to do a redistricting.
The Committees proposal leaves a lot of room at Sutherland to allow for future growth.
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Mr. Rooker asked if the space at Jouett comes about from the renovations which are in progress.
Mr Koleszar said yes. Because growth has leveled off over the last three years, there are more seats in
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the schools at all three levels. He said that brings up the issue of the building capacity formula. They are
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often asked why there are trailers at schools which are under capacity. He said the high school capacity
has been affected by reducing student to teacher ratios, increasing the number of special education
classes, differential staffing, and adding multiple computer labs. The elementary and middle school
formula would remain the same, but the high school formula could change and result in a reduction in
capacity by over 400 students. This would probably require changes in the CIP.
Mr. Rooker asked if this reduction in seats would cause the Board to rethink the number of seats
being added to Monticello High School. The Board just went through this a couple of weeks ago. He asked
if the decision at Monticello was made based on an incorrect capacity formula.
Dr. Kevin Castner, Superintendent, said this formula is somewhat dynamic. The decision made by
the majority of the School Board at that time was based on the information available then. As they go
through the CIP process, they will have the new enrollment figures, and the new capacity formula being
proposed. The old formula did not take into account that there were six computer labs in each of the high
schools. Those were being counted as regular classroom labs. That is the reason Monticello had trailers
when it looked as if the school was right at capacity. The School Board will have some additional
information soon, and that information may cause them to revisit the question. He pointed out to the
Supervisors last month that there was new information which would be presented during the CIP process.
Mr. Bowerman asked if redistricting is being used to drive capital needs. Mr. Koleszar said no.
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There would not be a majority on the School Board which would want to build seats at one school while
there were seats available at another school.
Mr. Dorrier said he thinks something is askew. Talking about 300 one week, and 400 a month
later, with schools being built for 10 to 20 years out, if the numbers are shifting that fast, he thinks the Board
needs to take stock of its projections. Mr. Koleszar said a big difference in this formula is that there are
computer labs in all the high schools.
Mr. Rooker asked if there were computer labs last year. Mr. Koleszar said yes. But, Henrico
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County has given every student a lap top computer. Albemarle County is constructing instructional models
for a way to teach in that environment. In three years, there might not be six computer labs, there may only
be one or two. That would change the capacity.
Dr. Castner said the School Board has not discussed the capacity formula for about four years.
They now want to do it annually. He is not sure how the majority of the School Board will accept the
proposed capacity formula. That is still their decision.
Mr. Rooker said School staff recommended that 500 seats be added at Monticello. Dr. Castner
said that is true. Mr. Rooker said it seems this decision on the capacity formula should be taken into
account before irrevocably making the decision about the number of seats at Monticello. Mr. Koleszar said
the contract for the architect has them designing 300 seats for what they will build, plus 200 seats for when
it must be expanded the next time.
Mr. Bowerman said Mr. Koleszar is talking about reducing the high school capacity by 400 seats.
Mr. Koleszar said it depends on the attitude toward trailers and building capacity. When Albemarle High
was at 2200 students, there were 40 trailers there. It was an ugly situation because areas such as the
cafeteria, the auditorium and the hallways were not designed for a school of 2200 students. It was hard to
have the kind of programs they wanted at the school. But, those facilities can easily handle 1750 to 1800
students. If there must be a few trailers in the parking lot, that is not as serious a problem as when the
other areas are over stressed. Dr. Castner brought the Boards attention to a sheet entitled Building
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Utilization and Projected Enrollment, Middle and High Schools, 2002-2007" and explained same (on file in
the Clerks Office).
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Ms. Thomas said she will try to express the sense of the Board, and any member can change what
she will say. She said the Supervisors do not go through redistricting and look at the human element, but
instead look at dollars and cents and the capacity element. For the School Board to have gone through
redistricting without knowing its capacity, and for the Supervisors to have joined in a decision that was based
on old capacity figures, makes the Supervisors uneasy.
Mr. Martin said the Supervisors probably saw this coming because they saw a School Board which
October 2, 2002 (Regular Day Meeting)
(Page 14)
was divided about the number of seats to be added to Monticello High. People were upset, and there was a
compromise. At last months meeting Mr. Koleszar did say that next month the Supervisors would have
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these new numbers which would show some different things. He does not know what the Supervisors can
do to help focus attention on the needs in terms of capacity, and how best to meet those needs in terms of
capital expenditures.
Mr. Bowerman said the School Board really has to look at capital issues when making these
decisions.
Mr. Martin said there have been enough redistrictings in this county to know that it does not bring
death and destruction.
Mr. Dorrier said that last month he was persuaded that 300 seats might be the correct number
because it would only cost an additional $200,000 to increase to 500 seats at a later time. When he sees
that the figure has gone to 400 in a month, and Albemarle High will not be increased, and it is already
overcrowded, it makes more sense to him to switch back and increase Monticello to take the pressure off of
Albemarle. Mr. Koleszar said that will be something the School Board will consider.
Mr. Rooker said it is unfortunate that this capacity formula discussion did not take place before
deciding on the number at Monticello High. Mr. Koleszar said this all started with a middle school
redistricting, without considering the impact on other levels. One lesson they have learned is that when
doing redistricting it must be done at all levels at the same time.
Mr. Bowerman asked what cohort is driving this. Mr. Koleszar said the assumption has been that
Albemarle is a growth county. For the last three years, enrollment has been relatively flat. In the previous
five years when enrollment was increasing 200 to 300 a year, only a small senior class was being dropped
off, while a bigger kindergarten class was being added. What has happened the last three years is that the
cohort entering the system has been less than in the past. He said that there are three smaller classes
(kindergarten, first and second) and as these classes work their way through the system, class sizes will
actually decrease.
Mr. Bowerman said Mr. Koleszar is assuming that in the future enrollment will be dynamic again.
How can the School Board plan for the future when the cohorts are changing at the kindergarten level? Mr.
Koleszar said he went back four years since the enrollment number flattened. Looking at four years in
grades 2 through 6 that cohort stayed the same. The same is true for grades 3 through 7. Since there are
small cohorts coming in, they know that in the future enrollment will probably decrease as these students
work their way through the system.
Mr. Bowerman asked what happens if there is an influx of population. There are many variables.
Mr. Koleszar said that many new homes have been added in the past few years, but there have been few
children enrolled from those new homes. The only reason there are more students now then a few years
ago is because there are small high school classes, otherwise, enrollment would have declined.
Mr. Martin said he understands what Mr. Koleszar is saying. There have been many times when
staff predicted an incorrect number of children from new subdivisions enrolling in County schools. Mr.
Koleszar said he thinks the reason there is representative government is that the people with the most
knowledge make the decisions, and not a pure democracy where the loudest voice decides.
Mr. Bowerman asked if that is really what is happening. Mr. Koleszar said he thinks the School
Board is dealing carefully and considerately with these issues.
Mr. Perkins said it is a public perception that mobile classrooms provide for a second grade
education. That is not the case, and does not have to be the case. Mobile classrooms may be the answer
in many situations. Mr. Koleszar said that is why they need to distinguish between the core areas and the
actual classroom capacity at the high school level. He thinks both of those numbers should be shown as
capacity numbers. He does not want to see schools get past their core capacity.
Mr. Bowerman asked if Monticello High School has a fixed-core capacity. Mr. Koleszar said yes,
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the school was designed for 1500 students.
Mr. Dorrier said when he goes to Monticello High for meetings in the Forum, he finds that the main
room they use is packed, and there are people standing out in the hall, etc. It makes him wonder if the
school is already too small. Now, when debating whether it should be a 300 or 500 seat increase, he thinks
planning is not being done properly for the future.
Mr. Perkins said those areas would be even more crowded with the addition of either 300 or 500
students. Ms. Thomas said the core areas will not get any bigger. She has been explaining that it is a
Forum and not an auditorium because at the time of planning the high school every principal said an
auditorium is the most wasted space in the building. Maybe something has changed, like the arts program
which has expanded. She was part of the committee, and that was accepted as the advice from the people
who were actually dealing with Albemarle County students.
Mr. Bowerman said the paradigm has changed with the School Board. Mr. Koleszar asked how it
has changed. Mr. Bowerman said its philosophy has changed. Mr. Perkins said with the number of private
schools in the area, there is no way to know how they will affect enrollment. Mr. Bowerman said as long as
the private schools furnish a consistent number of grades, they can figure out the cohort for the grade level.
October 2, 2002 (Regular Day Meeting)
(Page 15)
Ms. Thomas said Mr. Martin pointed out that the Supervisors need to be as helpful as possible. Mr.
Koleszar said the School Board appreciates all the help the Supervisors give. Dr. Castner said that on
October 17 a number of legislative representatives will be at Monticello High School at 7:00 p.m. They will
be sponsored by the Parent Councils of both Albemarle and Charlottesville. Mr. David Blount will monitor
the forum. He thinks members of the Supervisors and the School Board may wish to hear that exchange.
This is one of the first times the Parent Councils have been involved in talking with legislators.
(Note: At 11:25 a.m., the Board recessed, and reconvened at 11:31 a.m.)
_______________
Agenda Item No. 13. Schematic Design of Juvenile and Domestic Relations Court, Presentation
of.
Mr. Tucker said Mr. Jay Moore, lead architect with Mosely Harris was present. He said a few
months ago all agreed to look at some refinements of this proposal as long as it did not hold up the
process.
Mr. Moore said they are presently in the schematic design phase of the project. They have teamed
with the architectural firm of Wallace, Roberts and Todd. There has been progress working out some
details of the design. They have met with all of the occupants of the building to discuss the various internal
workings of the building. They have met with the Judges, the Court Services Unit, the Sheriffs
and the Clerks. They met with the original Court Study Committee to update them on the progress of the
project.
Mr. Moore said one issue is how to integrate the facility into the downtown area and the downtown
mall. They are looking at the court facilities as a campus. They are also looking at how the existing JD&RC
site links to the existing Court Square. It has become obvious that the link from the Court House to the Old
Jail, which is important historically, needs to be maintained. Visitors to the Court House might also be
interested in the Old Jail since it was part of the judicial system. In order to facilitate that link, rather than
adding onto the side of the building, they propose using a zone in front of the building to add some of the
stairs and elevator which are needed, as well as behind the existing building. They are looking at breaking
the building down physically so it is easy to move around without anything being a barrier to walking through
the site. Mr. Moore then showed to the Board a copy of the site plan which is being developed.
In response to Mr. Dorrier, Mr. Moore said this project will not restore the jail in any fashion. It is
possible that could happen through some private development funding. Mr. Tucker said the possibility of
marketing that space will be studied with the City as the next phase.
Mr. Moore said they are still waiting for the final survey to determine some issues of access to the
deck. As Mr. Martin pointed out, we believe that by using the Detention Home property for access from the
rear that a third level on the parking deck is possible. That opens up the possibility of having a courtyard on
the north side of Court Square to allow access to the historic Old Jail which will give the building some
breathing room. There has been some increase in parking on the site even talking away room for the
courtyard.
Mr. Martin said that is a big difference from the original proposal. The City was willing to create a
third level on the parking deck which freed up room so a courtyard could be considered. Also, the back
portion of the property was expanded by removing those two little side buildings. Mr. Moore said that these
are all refinements, but strategically the plan is still headed in the same direction.
Mr. Rooker asked the square footage of the historic buildings. Mr. Moore said he does not know,
but it is relatively small. Mr. Rooker asked if there is any restriction on renovating the interior of the Old Jail
building. Mr. Martin said the interior has the big, thick walls. Mr. Moore said the building is probably about
50 percent walls. Mr. Tucker said he thinks the interior can be renovated.
Ms. Thomas said she toured a jail of approximately the same size and approximate age while in
Nova Scotia. It was being used partially for storage, and partially as a tourist attraction. It was left totally the
way it was the day they closed the door. It still was an interesting site. Mr. Moore said there are definitely
possibilities for its use.
Mr. Martin said this plan has possibilities. He thinks it is basically the same plan which the Board
approved earlier. The one difference is the third deck for parking in exchange for a nicer courtyard. That is
a great compromise.
Mr. Moore said full Council has not had this presentation yet. It will be presented next Monday. He
then showed to the Board members the elevations drawing to show how the third level on the deck fits with
the site.
Ms. Thomas thanked all who have been working on this project.
_______________
Agenda Item No. 14. End-of-Year FY 2001-02 General Fund Preliminary Financial Report,
Presentation of.
October 2, 2002 (Regular Day Meeting)
(Page 16)
Ms. Roxanne White, Assistant County Executive, said the end-of-the-year financial report provides
information on the county's General Fund revenues and expenditures and the Fund Balance as of June 30,
2002. The format is the same as that used for the past two years. It includes a basic chart which shows all
the revenues and expenditures, and includes a bar chart which compares different years to each other.
Then it includes a Fund Balance report.
Ms. White said she will highlight some specific variances and their importance. She stressed that
this is a preliminary report, these are not audited figures, so there may be changes later. She said that
revenues at year-end exceeded appropriated, budgeted revenues by $0.87 million. She said this is a
positive number, but it is less than the $1.3 million which had been projected last May. This is a shortage of
approximately $0.78 million.
Ms. White said the Real Estate tax revenues exceeded the appropriated budget by approximately
$0.940 million (+1.8%) primarily due to an actual reassessment rate of 12.59 percent compared to the 11.0
percent estimated reassessment rate used for budget preparation as well as additional revenue from new
construction. Personal property tax revenues exceeded budgeted revenues by $2.972 million in local
personal property taxes. That reflects the fact that at budget preparation time the State was required to pay
localities revenues for 2002 PPTR at the rate of 100 percent, but the adopted State budget was based on
continuation of the lower 70 percent rate in FY 02. This shifted payment responsibility for a greater portion
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of the revenues from the State to individual taxpayers. Consequently, actual State PPTR revenues were
$3.209 million less than budgeted. The combined personal property revenues (local and PPTR) were
$0.237 million less than the budgeted total. The net reduction was due to the widely used zero percent
financing rate for new cars which had the result of significantly reducing used car resale values below the
anticipated budgeted amount. The additional revenues from new car sales did not offset the used car
resale value reduction.
Ms. White said Sales Tax revenues at year-end were $0.144 below budget reflecting the general
economic slowdown at the national, state, and local levels. However, the final shortfall is about half of the
projected shortfall from the trends indicated during the earlier part of FY 02. Retail business license
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revenues are significantly tied to retail sales and ended up $0.326 million below budget. At the same time,
repair, contractor, and professional licenses exceeded budget by $0.907. Net total business license
revenue exceeded budget by $0.581 million. Utility taxes exceeded the budget by $0.124 million primarily
due to expanded cellular phone use.
Ms. White said Other Local Tax revenues exceeded budget by $0.284 million due to additional fees
generated by increased real estate sales and refinancings. Other Local Revenues show a $0.506 million
decrease from budgeted amounts mainly because of lower interest rates on bank deposits than originally
estimated. State Revenues, adjusted for PPTR, were $0.608 million less than budget due to reduced
mobile home titling and leased vehicle fee collections, reduced Compensation Board reimbursements as a
result of zero salary increase funding by the State, reduced HB 599 distributions to support police
departments, and a shift in social services funding from State to Federal sources. Federal Revenues
exceeded budget by $0.437 due to a shift in social services revenues from State funding to Federal funding.
Net social service revenues exceeded budget by $0.312 million. When end-of-the-year actual revenues of
$128.225 million are combined with the total $7.198 million used from the Fund Balance and transfers from
other funds, total FY 02 revenues are $135.423 million, with actual resources over budget by $0.944
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million, or a 0.7 percent positive variance.
Ms. White said that overall General Fund year-end actual expenditures of $132.653 million were at
98.6 percent of budget, compared to an appropriated budget of $134.480 million. Actual spending was
$1.828 million under budget. Departmental actual expenditures were at 96.7 percent of budget and
accounted for a savings of approximately $1.552 million. Savings of $0.276 million occurred in
Non-Departmental items.
Ms. White said since the third quarter report, net additional appropriations of $2.1 million were
approved by the Board for a total FY 02 appropriated budget of $134.480 million. Within this $2.1 million,
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$1.557 million was appropriated to the Capital Improvement Fund's Capital Reserve and $0.446 million was
appropriated to the Capital Improvement Fund's Ivy Landfill project from the FY 01 remaining audited Fund
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Balance (these transfers from the FY 01 Fund Balance were approved by the Board in the fall, but were
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not officially appropriated to the Capital Fund until the fourth quarter); $0.177 million was appropriated to
JABA-Crozet Partners for the purchase of the Windham building offset by a $0.1 million transfer from the
Board Contingency Reserve; and, $0.019 million was appropriated to the Sheriff's Office for computer
replacement purchases.
Ms. White said this report indicates there will be a total of $2.770 million in unexpended revenues,
which includes Fund Balance revenues, at the end of June 30, 2002. Changes since the third quarter
projection mainly reflect an increase in the use of fund balances and other funds by the $2.1 million
mentioned above (largely from the FY 01 balance surplus) offset by the $0.78 million decrease in
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anticipated revenues.
Ms. White said the Preliminary Fund Balance available at July 1, 2002, was $0.740 million. This
resulted from the Board's approval of $2.030 million in FY 02 projected balances for FY 03 General
>>
Government and School initiatives during budget work sessions, and the appropriation of $0.512 million at
the Boards meeting on September 4 into FY 03 for undelivered Purchase Orders in FY 02.
==>
Mr. Rooker noted a figure of $2.542 million in the written report shown for FY 03 approved
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appropriations, and asked if that money comes from appropriations in excess of expected revenues. Ms.
October 2, 2002 (Regular Day Meeting)
(Page 17)
White said no. The Board can always look at these expenditures and change their approval, but the
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expenditures were approved during the budget process. Mr. Rooker asked where the money is coming
from. Mr. Tucker said prior year balances were carried forward for projects which had not been completed.
Mr. Rooker asked if most of it is just a lag in when the money is being spent. Ms. White said it was
not particularly from the Fund Balance, but from moneys that were anticipated to be spent in a prior year.
She said the next items that bring the Fund Balance down to $0.427 million are proposed FY 03
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commitments which will show in the budget amendment which is the next agenda item. These include:
$0.244 million in approved uncompleted FY 02 projects (not purchase orders, but for projects, the majority
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being technology projects); and, $0.069 million in proposed new project requests. She said there were
many more requests for new projects then are recommended for funding.
Ms. Thomas said she knows the Board often says during the budgeting process that certain things
can be funded by the carry-over balance. She asked if everything that was so referenced has been
funded here. Mr. Tucker said yes. Ms. White said that everything the Board approved in the budget
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process has been funded. That is one of the reasons all that is left in the Fund Balance is $0.427 million.
Mr. Rooker asked if the $0.427 million is a one-year figure, it is not an accumulation of moneys
carried over from previous years. Mr. Tucker said it is one-time money. Ms. White said the only amount
carried over from last year was $0.512 million shown in the written report. Mr. Martin said the Fund Balance
would have had a negative figure if those funds had not been available.
Ms. White said that in September, 2001, the Board approved a carry-over policy that allocated 100
percent of unbudgeted revenues and 60 percent of departmental expenditure savings (savings after all
encumbered amounts are reappropriated) to the Fund Balance to meet required cash flow needs. Any
funds over and above the necessary amount for minimum cash flow are to go to the CIP Reserve Fund for
future capital needs, capital repair and maintenance items and/or debt service. The policy further stated
that the remaining 40 percent of expenditure savings could be used for other projects at the Board's
discretion and approval. These policies were to be guidelines subject to end-of-the-year revenues, Fund
Balance needs and other County or Board priorities.
Ms. White said that due to the lower than anticipated total FY 02 revenue surplus of $0.944 million
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and the $2.03 million commitment of projected revenues to the FY 03 budget, this policy cannot be
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followed since approximately $1.086 million or 59 percent of the expenditure savings is needed to fund FY
03 budget commitments. Therefore, no excess funds are available this year for transfer to the Capital
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Reserve Fund. Of the remaining available savings of $0.740 million, staff is recommending that $0.244
million (33%) be allocated to approved FY 02 projects that were unable to be completed in the fiscal year
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and $0.069 million (9%) to new projects for FY 03. The remaining $0.427 million is not recommended for
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any other projects at this time, but rather to be retained as available as an uncommitted Fund Balance
Ms. White said the Commonwealth is currently experiencing significant shortfalls in State revenues
which will adversely impact the availability of funds in the State budget, including budgeted amounts
projected to be shared with or provided to local governments. Similarly, estimated Local Government
revenues for FY 03 may also be impacted by economic conditions and State budget decisions. Finally, the
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preliminary actual numbers for FY 02 revenues and expenditures could change after completion of the FY
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02 audit and verification of all preliminary amounts. All of these factors point to a need to maintain some
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level of uncommitted Fund Balance available in the General Fund.
Ms. White said staff recommends acceptance of the Preliminary FY 2002 End-of-the-Year
Financial Report, and recommends that the current uncommitted, unobligated Fund Balance of $0.427
million be retained as a balance in the General Fund pending completion of the FY 02 audit, the publication
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of the Governor's decisions on changes to the FY 2003-04 Biennium State Budget, and availability of more
actual FY 03 revenue collection history. Maintaining this uncommitted balance of $0.427 million would give
>
the County some ability, within limits, to handle any future downward adjustments in anticipated revenues
because of any of the above factors without adversely impacting current operating programs.
Ms. White asked that Mr. Melvin Breeden, Director of Finance, come forward and talk about current
and future revenues. Mr. Tucker said this has to do with the Boards questions about the automobile decal
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fees.
Mr. Breeden said he had put together some very preliminary figures and explained these to the
Board.
Mr. Rooker asked to what the large decrease in the personal property tax is attributed. Mr.
Breeden said the County has traditionally looked at a 67 percent increase in personal property taxes, but
when the actual billing took place in June, 2002, the County was about $300,000 short of the projection,
and that shortage also affects the next fiscal year.
Mr. Bowerman asked how Mr. Breeden estimated the variance for the June, 2003 collection of
personal property taxes. Mr. Breeden said the assessment and billing for the June collection occurs in
March, bit it actually covers only about four months tax on new vehicle acquisitions. In December, there is
more of a catch-up process because of proration of vehicles. That is why the second billing is greater than
the first billing.
October 2, 2002 (Regular Day Meeting)
(Page 18)
Mr. Bowerman said the handout shows a deficit. Mr. Breeden said that is due to the fact that new
cars are being sold at reduced prices with interest rates at zero. People are acquiring new cars, so the
NADA price on the older cars has dropped significantly.
Mr. Dorrier asked how these projections compare to projections at the same time last year. Mr.
Breeden said the way the fiscal year ended was not as good as expected. During budget preparations, they
had expected a $1.6 million surplus in revenues, but it turned out to be only one-half of that amount at June
30.
Mr. Rooker said he noticed that in State Categorical Aid, the variance over three months is almost
$400,000, and yet the total variance for the year is only $200,000. Why is this? Mr. Breeden said staff is
waiting to see the Governor's budget decisions over the next few months. There have been a lot of delays
in receiving State revenues.
Mr. Dorrier asked if the effect the drought is having on the economy is projected into these figures.
Mr. Breeden said the drought will have an impact on the economy in general, but at this time, staff is not
giving that any extra influence. Mr. Tucker said it is too early to factor that into the projections.
Mr. Breeden said it is hoped that there will be a surplus on real estate collections. The budget for
FY 03 was calculated with a 13 percent increase in the reassessments for January, 2003. Currently, it
>
appears that it will be closer to 15 percent. There are certain areas in the County which may be facing 25
to 30 percent increases in assessment.
Mr. Rooker asked if part of that is new construction. Mr. Breeden said very little of that is new
construction which is factored in separately. Hopefully, a lot of the new construction was taken into account
in the original projections. He said the public service taxes are affected by the increase in real estate
values. The State makes the assessment, but they make the adjustment on the local sales ratio (difference
between actual assessment and actual sales). Whatever is used to assess the public service corporations,
the locality gets to use 94 percent of that number. In the second year of a reassessment, that number
drops, so if the locality is down to 87 or 88 percent, that is the amount of the public service tax. With a
larger increase in the local reassessment, the locality gets a lesser percent of the public service tax.
Mr. Breeden said that looking at the last three months, the County is ahead of projections on Sales
Tax compared to the same three months last year. As a percentage of the total for the year, the County will
be about $150,000 short. The Utility Tax is close to projections. For Business Licenses, staff feels there
will be a small amount collected over the projected figure.
Mr. Martin asked Mr. Breedens recommendation in regard to the automobile decal fee. Mr.
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Breeden said as far as operating this year, projections are that revenues will be about $1.0 million short. It
is not a crisis situation because that is less than one percent of revenue. He hopes that by the end of the
2003 year, revenues will be close to what was projected. In the following budget cycle, he thinks there will
be little in additional revenues.
Mr. Martin asked if the Board needed to make a decision about the decal at this time. Mr. Tucker
said staff brought it up because they are ready to advertise this for a public hearing. Before doing so, staff
would like to know if it should advertise for a maximum increase on the fees. It is not a crisis at this time, but
it could mean that next year the Board would be looking at increasing the fees again. The decision can be
postponed until it is known what will happen with State revenues.
Mr. Dorrier asked if the busiest retail season is coming up. Mr. Breeden said the numbers he has
presented today assume they will be similar to those numbers in the past. That is just speculation at this
time.
Mr. Dorrier asked if all of this is based on speculation at this time. Mr. Bowerman said the
maximum decal increases could be advertised, but the Board back off from that.
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Mr. Martin said what is to be advertised would be the amount discussed during budget work
sessions. Mr. Tucker said that is what the staff would like to know.
Mr. Martin said he thinks it is only fair to the taxpayers to wait until the Board goes through another
budget cycle before it decides on a change. This issue was discussed in the press, and some citizens have
a good idea of what the Board was considering. Mr. Tucker said he did not want to lose the opportunity to
have the Board become aware of these new revenue numbers.
Mr. Dorrier said as long as the Board is dealing with projections and not hard figures, things could
improve. Mr. Breeden said this was an opportunity to give the Board the information it needs to make that
decision. The advertisement for the increase is about to be published, and the amount cannot be increased
after that advertisement.
Ms. Thomas said the Board appreciates getting this information. It is better to make the decision
after having all the information available at this time.
Mr. Rooker said the Board is always dealing with estimated revenues until after the fact. The Board
got the FY 02 Unaudited figures today as a final report. It seems that state revenues are subject to decline.
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He thinks the Board needs to be cautious about spending money between now and the end of the year.
October 2, 2002 (Regular Day Meeting)
(Page 19)
He would not object to looking at a higher decal fee simply because the Board is only talking about
advertising it, not passing it. He thinks the Board has to be considering additional revenue sources that
might be needed later in the year.
Ms. Thomas asked if Mr. Rooker wanted to make a motion for the higher decal fee. She had
thought the Board was more of a similar mind, but maybe that thought was not correct.
Mr. Bowerman said he does not want to do this twice. The Board may be looking at other revenue
needs when it gets to working on the next budget. He said a lot more money can be raised with a set real
estate tax than with an increased decal tax.
Mr. Dorrier said he thinks the Board would be doing a disservice to the public basing the increase
on a projection. It was projected that there would be a surplus at the end of the budget cycle and there was
one. Mr. Tucker said it was only one-half of the amount projected.
Mr. Rooker said it seems to be the consensus of the Board not to advertise the higher rate, so he
will not make such a motion. He thinks the Board needs to be very cautious between now and the end of
the year because the figures presented this morning point toward a deficit.
Mr. Perkins said there might be ways to cut expenses.
Ms. Thomas said she would have supported a motion, but there seems to be only two Board
members in favor.
Ms. White said she only wants the Board to accept the Preliminary FY 2002 End-of-the-Year
Financial Report as presented, approve retaining the current uncommitted, unobligated Fund Balance of
$0.427 million as a balance in the General Fund pending competition of the FY 02 Audit, the publication of
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the Governors decisions on changes to the FY 2003-04 Biennium State Budget, and availability of more
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actual FY 03 revenue collection history.
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Motion to this effect was offered by Mr. Martin, seconded by Mr. Rooker, and carried by the
following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
_______________
Agenda Item No. 15. Proposed FY 2002 Budget Amendment (Notice of this public hearing was
published in the Daily Progress on September 23, 2002.)
Mr. Roger Hildebeidel said the Code of Virginia 15.2-2507 stipulates that any locality may amend
'
its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the
currently adopted budget. However, any such amendment which exceeds one percent of the total
expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the
budget. This proposed Budget amendment totals $890,613.09 as shown below:
ESTIMATED EXPENDITURES
General Fund $388,720.00
Local Government Programs/Projects $13,904.00
School Fund $934.31
Education Programs/Projects $487,054.78
TOTAL ESTIMATED EXPENDITURES-All Funds $ 890,613.09
ESTIMATED REVENUES
Local Revenue $236,535.02
State Revenue $39,013.00
Federal Revenue $50,326.10
Fund Balances $564,738.97
TOTAL ESTIMATED REVENUES-All Funds $ 890,613.09
This budget amendment consists of eight appropriations. Three appropriations were approved by
the Board at its August 7, 2002, meeting (DMV Child Safety Seat Grant, $1,904.00; School Donations and
Grant Awards, $17,434.31; and Pre-School Grant Program, $18,957.63). Three additional appropriations
were approved at the September 4, 2002, meeting (Fire/Rescue AED Grant, $9,000.00; Various School
Self-Sustaining Programs, $74,279.43; and, Adjustments to the School Fuel, AIMR, and Food Services
Funds, $255,317.72), and two appropriations will need to be approved by the Board after consideration of
this Budget amendment. Staff recommends approval of the FY 2002 Budget amendment in the amount of
$890,613.09 after the public hearing, and approval of Appropriations #2001-087 and #2001-088.
Appropriation #2001-087, $391,720.00. Preliminary FY 2002 financial reports show that a number
of County cost centers or activities will have minor over-expenditures. Virginia statutes require an
appropriation for all expenditures.
General Government Programs (General Fund) $388,720.00
October 2, 2002 (Regular Day Meeting)
(Page 20)
Human Resources $14,700.00
Expenditures for the Early Retirement Program
exceeded budget projections and unemployment
claims for the County's self-insured plan were
greater than in previous years.
Circuit Court $5,600.00
Updating of law books and juror expenses exceeded
projections.
Juvenile Court $24,100.00
FY 2002 budget anticipated the transfer of staff
from the County payroll to the City as of July 1,
2001. This did not occur until August 1, 2001,
and the City has reimbursed the County for this
expenditure.
Sheriff's Office $30,000.00
Reimbursable Overtime incurred by the Office exceeded
budget projections by $10,009, which is offset by
receipts to the County. The remainder involves extra
compensation to deputies and vehicle costs to transport
defendants between distant detention facilities and
Juvenile Court appearances. A proportionate share of
the expenses for Juvenile Court cases is expected to
be recovered from the City after a final analysis is
completed.
Emergency Medical Services $1,320.00
The County receives a grant each year which is shared
equally among the three area rescue squads. The FY
2002 grant exceeded the budget projections.
Regional Jail $290,000.00
Inmate population increased significantly in FY 2002
resulting in higher than projected per diem expense
for all participating localities.
Towe Park $3,000.00
Equipment repairs and building maintenance exceeded
projections.
Tax Refunds $20,000.00
Business License refunds exceeded projections due
to a change in State Code. State Code was amended
several years ago to reduce the license basis for
temporary help agencies. Several companies had
continued to report total gross receipts instead
of just the agency fee.
Family Support Fund (Social Services Program) $3,000.00
Salaries exceeded budgeted projections for this
program in FY 2002. Fund Balances are available
for appropriation in this 100 percent Federally-funded
grant program.
Appropriation #2001-088, $122,000.00. The Albemarle County Public Schools Summer Program
incurred over-expenditures for FY 2002. Salary expense exceeded projection and will be funded from prior
year balances of this program.
(Note: Mr. Dorrier returned at 12:43 p.m.)
At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak,
the public hearing was closed, and the matter placed before the Board.
Motion to approve the FY 2002 Budget amendment as advertised to adopt the following
Resolutions of Appropriation was offered by Mr. Rooker, seconded by Mr. Bowerman, and carried by the
following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
FMS2 COUNTY OF ALBEMARLE APP #2001-087
REVISED 6/84 APPROPRIATION DATE 09/12/02
October 2, 2002 (Regular Day Meeting)
(Page 21)
EXPLANATION: APPROVAL OF FY 02 OPERATING OVER EXPENDITURES
SUB. LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 12030 223000 HUM RESR EARLY RETIREES J 1 3,000.00
1 1000 12030 260000 HUM RESR UNEMPLOYMENT J 1 11,700.00
1 1000 21010 601200 CIR CT BOOKS & SUBS J 1 5,600.00
1 1000 21051 110000 JUV CT SALARIES J 1 24,100.00
1 1000 31020 110000 SHERIFF SALARIES J 1 30,000.00
1 1000 32030 565002 EMS CH'VILLE J 1 440.00
1 1000 32030 565102 EMS WESTERN J 1 440.00
1 1000 32030 565202 EMS SCOTTSVILLE J 1 440.00
1 1000 33020 700002 REGIONAL JAIL J 1 290,000.00
1 1000 71002 700007 TOWE PARK J 1 3,000.00
1 1000 92010 580304 REFUNDS BUS. LIC J 1 20,000.00
2 1000 51000 510100 FUND BALANCE J 2 388,720.00
1000 0501 EST REVENUE J 388,720.00
1000 0701 APPROPRIATION J 388,720.00
1 1557 53150 110000 FAMILY SUPPORT-SALARIES J 1 3,000.00
2 1557 51000 510100 FUND BALANCE J 2 3,000.00
1557 0501 EST REVENUE J 3,000.00
1557 0701 APPROPRIATION J 3,000.00
TOTALS 783,440.00 391,720.00 391,720.00
_____
FMS2 COUNTY OF ALBEMARLE APP # 2001-088
REVISED 6/84 APPROPRIATION DATE 09/13/02
EXPLANATION: ADDITIONAL FUNDING FOR SUMMER SCHOOL PROGRAM
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 3310 61120 132100 P/T WAGES-TEACHER J 1 100,303.77
1 3310 61120 137100 P/T WAGES-BUS DRIVER J 1 13,026.47
1 3310 61120 210000 FICA J 1 8,669.76
2 3310 51000 510100 FUND BALANCE J 2 122,000.00
3310 0501 EST REVENUE J 122,000.00
3310 0701 APPROPRIATION J 122,000.00
TOTALS 244,000.00 122,000.00 122,000.00
_______________
Agenda Item No. 16. Proposed FY 2003 Budget Amendment (Notice of this public hearing was
published in the Daily Progress on September 23, 2002.)
Mr. Roger Hildebeidel said the Code of Virginia 15.2-2507 stipulates that any locality may amend
'
its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the
currently adopted budget. However, any such amendment which exceeds one percent of the total
expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the
budget.
This proposed FY 2003 Budget amendment totals $759,099.61. The estimated expenses and
revenues included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
General Fund $317,515.05
Local Government Programs/Grants $4,812.00
School Fund $75,459.56
Capital Improvements Fund $482,600.00
Tourism Fund $(121,287.00)
TOTAL ESTIMATED EXPENDITURES - All Funds $759,099.61
ESTIMATED REVENUES
Local Revenue $248,221.05
Federal Revenue $4,812.00
Fund Balances $506,066.56
TOTAL ESTIMATED REVENUES - All Funds $759,099.61
Staff recommends approval of the FY 2003 Budget amendment in the amount of $759,099.61 after
the public hearing, and approval of Appropriations #2003-011, #2003-012, #2003-013, #2003-014, #2003-
015 and #2003-016 to provide funds for various General Government and School programs.
Appropriation #2003-011, $4,171.05. The Albemarle County Department of Fire and Rescue has
10 career fire and rescue staff members trained as Child Safety Seat Technicians who inspect and install
child safety seats. In the past year, the Department has joined with other area agencies, including UVA
October 2, 2002 (Regular Day Meeting)
(Page 22)
Health Services, area police departments, State Farm Insurance, Kiwanis Club, Insurance Institute for
Highway Safety, K-Mart and County Vehicle Maintenance Services to enhance this program. With the
number of agencies having staff trained as Child Safety Seat Technicians and the ability to "take the show
on the road" with the Child Safety Seat Trailer purchased earlier this year, there is a need to replenish the
trailer with additional car seats and equipment. The Department has received donations from previous
installations and from several of the above named agencies, which have been deposited into a separate
County Trust Fund account. This appropriation involves the transfer of $4,171.05 of contributions from the
Contribution Trust Fund to the General Fund, and the appropriation of the $4,171.05 to the Fire/Rescue
Department operating budget to purchase supplies and materials for the Child Safety Seat Inspection
program.
Appropriation #2003-012, $(121,287.00). Actual revenues realized in the Tourism Fund in FY 2002
were less than anticipated, consequently the current Fund Balance is below levels projected in the initial FY
2003 Appropriation Resolution. The FY 2002 appropriated Tourism Fund contingency reserve line item
was carried forward into FY 2003, but now must be reduced to come into balance with available revenues
in the Tourism Fund. This appropriation reduces the Tourism Fund Contingency Reserve line item amount
by $121,287.00 in FY 2003.
Appropriation #2003-013, $795,944.00. This is an appropriation of Fund Balances available in the
General Fund and the General Government Capital Improvements Fund to continue projects initiated in FY
2002 and to provide for new projects to meet urgent needs that were not anticipated when the FY 2003
Budget was prepared and adopted. The specific uses of the funds are outlined below:
General Government (General Fund) Programs $313,344.00
Management and Budget $10,000.00
Leadership Council Initiative funds to support
managerial/staff development and regional cooperative
training programs
Finance $21,237.00
Salaries and benefits to fully fund approved
reclassifications
Clerk of the Circuit Court $5,000.00
Contract services to convert microfilmed land records
to digital images
Police Services $21,500.00
Insurance deductibles - risk management plan 10,000.00
Rental for satellite facilities-Trophy Chase apartments 8,500.00
Additional costs of radio communications maintenance
contract 3,000.00
Volunteer Fire Departments $39,250.00
Purchase of three thermal imaging cameras delayed
from FY 02
>
Inspections $4,000.00
Purchase of updated State Building Code books
Public Works $7,000.00
Repair & Maintenance Buildings; carryover invoices
from FY 02
>
Parks & Recreation $1,000.00
Greenway Contributions
Planning & Community Development $27,400.00
Salaries & Benefits-Regular; approved reclassification 22,000.00
P/T Wages-ARB board members 5,400.00
Planning/E-911 $(68,043.00)
Rescission of unneeded funds for Aerial Photography (71,043.00)
Additional training for Parcel Conversion Project
implementation 3,000.00
Office of Housing $10,000.00
County share of regional housing agencies study
Non-Departmental $235,000.00
Transfer to Capital Improvements Fund
General Government Capital Improvements Fund $482,600.00
Zoning $30,000.00
Permit Tracking System Automation
October 2, 2002 (Regular Day Meeting)
(Page 23)
Information Technology $330,000.00
Business Systems Technology Upgrade
Public Works $109,000.00
Lane Auditorium Roof Repairs 70,000.00
Public Works Centralized Filing System 14,000.00
Voting Polling Place Upgrades 25,000.00
Planning/E-911 $13,600.00
GIS Software Licenses
Appropriation #2003-014, $9,050.00. Albemarle County Public Schools received donations totaling
$9,050.00.
Henley Middle School received a donation from the Henley Middle School PTO in the amount of
$3,000.00. These funds will be used for salaries for the At-Risk Program and library night.
Greer Elementary School received donations in the amount of $1,050.00. Mr. William Tucker, III,
made a donation in the amount of $1,000.00 and Girl Scout Brownie Troop #30310 made a donation in the
amount of $50.00. These donations will be used to purchase instructional materials for the school.
Yancey Elementary School received a donation in the amount of $5,000.00 from the Mitford
Children's Foundation. This donation will be used to fund the oral history project for Yancey Elementary
School.
Appropriation #2003-015, $4,812.00. As a collaborative project, the Albemarle County Department
of Social Services, Charlottesville Department of Social Services, and Region Ten Community Services
Board jointly submitted a grant proposal to the Virginia Department of Social Services, for a program called
"Community Collaboration: Mental Health and Substance Abuse Services". This appropriation will provide
$4,812.00 to be reimbursed to the County by 100 percent Federal TANF dollars for the County's portion of
this joint program to the Albemarle County Department of Social Services. The City of Charlottesville
serves as the Fiscal Agent.
The program will provide mental health and substance abuse (MH/SA) services to TANF/VIEW
participants in the City and the County, with the goal of improving employment success of these participants
and to ensure their entry into the labor force as quickly as possible while simultaneously working to ensure
that treatment services are provided. The role of the Albemarle County Department of Social Services is to
provide office space for the program's MH/SA counselor, referrals and coordination with community
partners, school-based pre-placement prevention social workers for families with children K-5, other child
welfare services, and support staff.
Appropriation #2003-016, $66,409.56. This is a reappropriation of $66,409.56 in the School Fund
for outstanding, undelivered FY 2002 Purchase Orders as of June 30, 2002, for instruction materials,
facilities maintenance, and textbooks for the Albemarle County Public Schools. The funds are available
from the Fund Balance in the School Fund.
Mr. Rooker asked which items listed on Form #2003-013 are new projects which have not already
been approved. Mr. Hildebeidel said those are for Finance - Salaries and Benefits, Clerk of the Court (she
spent some money for converting records to digital images last year, but without an approval, so it is being
considered as a new item), Police Services (rent at Trophy Chase Apartments, radio communications
maintenance contract;), Planning (Salary and expenses for a reclassification of the ACE Coordinator
position to permanent part-time from temporary part-time), and Housing Office (County share of regional
housing agencies study was counted as new because it had not been part of a budget previously).
(Note: Mr. Dorrier left the room at 12:39 p.m.)
At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak,
the public hearing was closed, and the matter placed before the Board.
Motion was offered by Mr. Martin to approve the FY 2003 budget amendment as advertised and to
adopt the following Resolutions of Appropriation. The motion was seconded by Mr. Bowerman. Roll was
called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
FMS2 COUNTY OF ALBEMARLE APP #2003- 011
REVISED 6/84 APPROPRIATION DATE 09/12/02
EXPLANATION: TRANSFER CONTRIBUTED FUNDS TO BE EXPENDED FOR CHILD SAFETY SEAT TRAINING
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 32015 561415 CAR SEAT SAFETY PROGRAM J 1 4,171.05
2 1000 51000 512008 TRANSFER IN J 2 4,171.05
1000 0501 EST REVENUE J 4,171.05
1000 0701 APPROPRIATION J 4,171.05
1 8405 93010 930009 TRANSFER TO G/F J 1 4,171.05
October 2, 2002 (Regular Day Meeting)
(Page 24)
2 8405 51000 510100 FUND BALANCE J 2 4,171.05
8405 0501 EST REVENUE J 4,171.05
8405 0701 APPROPRIATION J 4,171.05
________
TOTALS 16,684.20 8,342.10 8,342.10
_____
FMS2 COUNTY OF ALBEMARLE APP #2003-012
REVISED 6/84 APPROPRIATION DATE 9/12/02
EXPLANATION: ADJUSTMENT OF CONTINGENCY IN TOURISM FUNDS DUE TO SHORTFALL IN FY 02 REVENUES
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1810 72030 999999 CONTINGENCY FUNDS J 1 (121,287.00)
2 1810 51000 510100 FUND BALANCE J 2 (121,287.00)
1810 0701 APPROPRIATION J 121,287.00
1810 0501 EST REVENUE J 121,287.00
TOTALS (242,574.00) 121,287.00 121,287.00
_____
FMS2 COUNTY OF ALBEMARLE APP #2003-013
REVISED 6/84 APPROPRIATION DATE 09/18/02
EXPLANATION: FUNDING FOR REAPPROPRIATION REQUEST
SUB. LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 12015 580040 Mgt & Budget Leadership Council Init J 1 10,000.00
1 1000 12143 110000 Finance Salaries-Regular J 1 19,000.00
1 1000 12145 110000 Finance Salaries-Regular J 1 2,237.00
1 1000 21060 310210 Clerk of Circuit Ct Document Scanning J 1 5,000.00
1 1000 31013 332100 Police Services Maint Contract-Equip J 1 3,000.00
1 1000 31013 530010 Police Services Insurance Deductibles J 1 10,000.00
1 1000 31013 540000 Police Services Leases And Rentals J 1 8,500.00
1 1000 32020 800700 Volunteer Fire Thermal Imaging Camera J 1 39,250.00
1 1000 34000 600103 Inspections Record Books J 1 4,000.00
1 1000 43002 331200 Public Works R&M Equip-Building J 1 7,000.00
1 1000 71018 999875 Parks & Recr Greenway Contributions J 1 1,000.00
1 1000 81010 110000 Planning Salaries-Regular J 1 22,000.00
1 1000 81010 131100 Planning PT/Wages-ARB Board J 1 5,400.00
1 1000 81017 312385 Planning Aerial Photography J 1 (71,043.00)
1 1000 81017 550400 E-911/Planning Parcel Conversion Proj J 1 3,000.00
1 1000 81030 580417 Housing Agencies Study J 1 10,000.00
1 1000 93010 930010 Transfers TRS To CIP J 1 235,000.00
2 1000 51000 510100 General Fund Balance J 2 313,344.00
1000 0501 ESTIMATED REVENUE J 313,344.00
1000 0701 APPROPRIATION J 313,344.00
1 9010 81040 950151 Zoning Permit Tracking J 1 30,000.00
1 9010 12200 800714 Information Tech Technology Upgrade J 1 330,000.00
1 9010 43100 800666 Public Works Lane Audit Roof J 1 70,000.00
1 9010 43100 950141 Public Works Centralized Filing J 1 14,000.00
1 9010 43100 950142 Public Works Polling Site Upgrades J 1 25,000.00
1 9010 81010 950139 E-911/Planning GIS Software/Licenses J 1 13,600.00
2 9010 51000 512004 Capital Imp Transfer From G/F J 2 235,000.00
2 9010 51000 510100 Capital Imp Fund Balance J 2 247,600.00
9010 0501 ESTIMATED REVENUE J 482,600.00
9010 0701 APPROPRIATION J 482,600.00
TOTALS 1,591,888.00 795,944.00 795,944.00
_____
FMS2 COUNTY OF ALBEMARLE APP #2003-014
REVISED 6/84 APPROPRIATION DATE 09/18/02
EXPLANATION: DONATIONS FOR EDUCATION PROGRAMS
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 2252 61101 160300 STAFF DEVELOPMENT J 1 3,000.00
1 2204 61101 601300 INST SUPPLIES J 1 1,050.00
1 2213 61101 800700 ADP EQUIPMENT J 1 5,000.00
2 2000 18100 181109 DONATIONS J 2 9,050.00
2000 0501 EST REVENUE J 9,050.00
2000 0701 APPROPRIATION J 9,050.00
TOTALS 18,100.00 9,050.00 9,050.00
_____
FMS2 COUNTY OF ALBEMARLE APP #2003-015
REVISED 6/84 APPROPRIATION DATE 09/18/02
EXPLANATION: FUNDING FOR TANF HARD TO SERVE PROPOSAL
October 2, 2002 (Regular Day Meeting)
(Page 25)
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1660 53014 520300 TELECOMMUNICATIONS J 1 275.00
1 1660 53014 540000 RENT J 1 3,300.00
1 1660 53014 550100 TRAVEL J 1 321.00
1 1660 53014 550402 TRAINING J 1 458.00
1 1660 53014 600100 OFFICE SUPPLIES J 1 275.00
1 1660 53014 332104 COMPUTER MAINT J 1 183.00
2 1660 33000 330001 FEDERAL GRANT REV J 2 4,812.00
6600 501 ESTIMATED MATED REVENUE J 4,812.00
6600 701 APPROPRIATION J 4,812.00
TOTALS 9,624.00 4,812.00 4,812.00
__________
FMS2 COUNTY OF ALBEMARLE APP #2003-016
REVISED 6/84 APPROPRIATION DATE 09/18/02
EXPLANATION: REAPPROPRIATION TO COVER SCHOOL FUND PURCHASE ORDERS FROM FY 02
=
SUB. LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 2114 61101 602000 INSTRUCTION J 1 11,967.00
1 2433 62410 312300 FACILITY MAINT J 1 3,000.00
1 2433 62410 312700 FACILITY MAINT J 1 1,360.00
1 2433 62420 331200 FACILITY MAINT J 1 1,319.00
1 2433 62420 332200 FACILITY MAINT J 1 1,353.19
1 2433 62420 540200 FACILITY MAINT J 1 3,501.20
1 2433 62420 600000 FACILITY MAINT J 1 4,082.72
1 2433 62420 600500 FACILITY MAINT J 1 5,385.74
1 2433 62420 600700 FACILITY MAINT J 1 1,562.16
1 2433 62420 601100 FACILITY MAINT J 1 360.30
1 2433 62420 800101 FACILITY MAINT J 1 3,081.30
1 2433 64600 800903 BLDG IMPROVEMENTS J 1 4,008.00
1 2114 61101 602000 TEXTBOOKS J 1 25,428.95
2 2000 51000 510100 FUND BALANCE J 2 66,409.56
2000 0501 ESTIMATED REVENUE J 66,409.56
2000 0701 APPROPRIATION J 66,409.56
TOTALS 132,819.12 66,409.56 66,409.56
_______________
Agenda Item No. 17. Public Hearing on proposed Lease Agreement for the Ivy Creek Natural Area
Park Tenant House as required by Virginia Code Section 15.2-1800(B). (Notice of this public hearing was
given in the Daily Progress on September 23, 2002.)
Mr. Tucker said the City and County own a house at the Ivy Creek Natural Area. The house is
currently vacant. Seven potential tenants were interested. After a review of references and past rental
history, all were interviewed. The Parks and Recreation Department is recommending that the City and
County enter into a lease agreement with Steve and Debbie McVey. The new tenant will be responsible for
paying $150 monthly rent and performing an estimated 60 hours of work per month. The tenant duties are
outlined in the "Addendum to Lease Agreement".
Mr. Tucker said the lease has been reviewed and approved by the offices of both the City Attorney
and the County Attorney. The lease consists of a standard residential lease agreement with an addendum
to cover the special requirements such as the aforementioned tenant responsibilities. The Deputy County
Attorney has advised that Virginia Code Section 15.2-1800(B) requires the Board to hold a public hearing
prior to entering into this lease agreement. The Clerk of the Board has advertised the hearing as required.
Staff recommends that the Board authorize the County Executive to sign this lease agreement on behalf of
the County after holding the required public hearing.
At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak,
the public hearing was closed, and the matter placed before the Board.
Motion was immediately offered by Mr. Martin to authorize the County Executive to sign this lease
agreement on behalf of the County. The motion was seconded by Mr. Rooker. Roll was called, and the
motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of this 15th, day of October, 2002; by
and between County of Albemarle & City of Charlottesville (Landlord), whose address is
401 McIntire Road, Charlottesville, Virginia 22902; PO Box 911, Charlottesville, Virginia
22902 (City) and Steve and Debbie McVey.
1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the
October 2, 2002 (Regular Day Meeting)
(Page 26)
promises and covenants herein, Landlord hereby leases to Tenant that property located
in the City/County of Albemarle, Virginia, and known as Ivy Creek Natural Area Park
Tenant House together with the fixtures and personal property listed below, (the
Premises) for the term of 1 (one) year(s) commencing at ___________a.m./p.m. (At
noon if not otherwise indicated) on October 15, 2002, ____________a.m./p.m. (At noon if
not otherwise indicated) on October 15, 2003.
2. PERSONAL PROPERTY. The following personal property is included in the
Premises subject to this lease: Range oven, wood stove, refrigerator.
3. USE OF PREMISES. The Premises will be used by Tenant as a private
dwelling and for no other purpose. The Premises will be occupied by no persons other
than persons who have signed this Lease as Tenant and such person's children under
the age of 18.
4. RENT. Tenant agrees to pay as rent the total sum of $1,800.00, due and
payable in advance in monthly installments of $150.00, except as follows: If the lease
term begins on a day other than the first day of a calendar month, the first month's rent
shall be $75.00. If the lease term ends on a day other than the last day of a calendar
month, the last month's rent shall be $75.00. The first months rent payment is due
=
October 15, 2001. The monthly installment of rent due for each month thereafter shall
be due on the first day of each month. Rent shall be paid to County of Albemarle
(landlord/agent) at Albemarle County Parks & Recreation, 401 McIntire Road,
Charlottesville, Virginia, 22902 (address) or at other such place as Landlord or Agent
may from time to time designate in writing. If a monthly installment of rent is not received
before the 6th day of the month, Tenant agrees to pay as additional rent a charge of late
fee of $10.00 for each month that the monthly installment of rent is not received by the
6th day of such month. The purpose of this late fee is to compensate Landlord for the
expenses of processing such delinquent account. Rent payments will be applied first to
all past due balances of rent and other charges owing under this Lease. The remaining
portion if any of such rent payments will be applied to current rent. If there are two or
more tenants, Landlord shall have the option of requiring that only one check, cashier's
check or money order will be accepted for each monthly installment for rent.
5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00
for each check returned for insufficient funds. This charge will be in addition to any late
fee, which may be due. If any of Tenant's checks are returned to Landlord or Agent for
insufficient funds, Landlord will have the option of requiring that further payments must be
paid by cash, cashier's check, certified check, or money order.
6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $150.00 as a
security deposit. This sum will be due when this Lease is signed by Tenant. Prior to the
termination or expiration of this Lease, if Landlord makes any deductions from the
security deposit for charges arising under this Lease or by law, Tenant agrees to pay
Landlord such sums as may be necessary to offset such deductions to replenish and
maintain the security deposit in the amount set forth above. The security deposit will be
held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within
30 days after the termination of this Lease, Landlord may apply the security deposit and
any interest required by law to the payment of any damages Landlord has suffered due to
Tenant's failure to maintain the Premises, to surrender possession of the premises
thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully
comply with the terms of this Lease, and any balance, if any, to unpaid rent. Landlord
shall provide Tenant with an itemized accounting, in writing, showing all such deductions.
Within this 30-day period, Landlord will give or mail to Tenant the security deposit, with
any interest required by law and minus any deductions. To assist Landlord, Tenant shall
give Landlord written notice of Tenant's new address before Tenant vacates the
Premises. During the term of occupancy under this Lease, if Landlord determines that
any deductions are to be made from the security deposit Landlord will give written notice
to Tenant of such deduction within 30 days of the time Landlord determines that such
deduction should be made. This provision applies only to deductions made 30 days or
more before the termination of this Lease. Landlord will maintain itemized records of all
security deposit deductions and these records may be inspected by Tenant, his
authorized agent or attorney, during normal business hours. However, when two years
has passed from the time a deduction was made, Landlord may destroy the record of
that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises
during the term of this Lease, Tenant agrees that Landlord may transfer the security
deposit, plus any interest required by law, to the purchaser who in such event shall be
obligated to comply with the provisions of this section.
7. PARKING. Tenant agrees to comply with such parking rules and regulations
as Landlord may issue from time to time, and deliver to Tenant; provided that Tenant
shall be given a reasonable opportunity to comply with any parking changes made during
Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises
in violation of such rules and regulations may be towed at the owner's expense.
8. PETS. No dogs, cats or other animals shall be kept in or about the Premises
by Tenant or Tenant's guests without Landlords prior written consent, which may be
=
October 2, 2002 (Regular Day Meeting)
(Page 27)
withheld in the Landlord's sole discretion.
9A. UTILITIES. Landlord agrees to provide, at Landlord's expense, those utilities
and equipment checked below:
X Water & Sewage
______ Electrical Current
______ Fuel: cooking
______ Fuel: water heat not to exceed 120 Fahrenheit
______ Air conditioning Unit
______ Fuel: heat setting not to exceed 55 Fahrenheit
X Refrigerator
X Range with Oven
______ Dishwasher
______ Washer
______ Dryer
______ Cable TV Service
______ Firewood (amount to be determined by Landlord)
*X Wood burning Stove
* Landlord's written consent must be obtained before the installation or use of a
woodburning stove.
9B. Tenant agrees to provide, at Tenant's expense, the following utilities and
equipment:
Required: Electrical Service, Litter Service
If service desired by Tenant: Telephone and TV
10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alterations;
installations, repairs or decoration (including painting, staining and applying other
finishes) shall be done without Landlord's written consent. Such consent will not be
unreasonably withheld. However, Landlord may require Tenant to return the Premises to
its original condition when this Lease terminates or expires. In addition, Landlord may
require that any change, alteration or improvement to the Premises will become a
permanent part of the Premises which may not be removed upon the termination or
expiration of this lease. Such changes or improvements will include, but not be limited to,
locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall carpeting, flowers
and shrubs.
11. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make
inspections, repairs, decorations, alterations or improvements, and to show the Premises
to prospective tenants, purchasers, mortgagees, workers and contractors and shall have
the right to erect or place "For Sale" or "For Rent" signs thereon. Except in case of
emergency or when it is impractical to give notice, Landlord will give Tenant reasonable
notice of Landlord's intent to enter and may enter the Premises only at reasonable times.
12. MOVE IN INSPECTION. Within five days after Tenant takes possession of
the Premises, Landlord agrees to provide Tenant with a list setting forth all of the defects
and damages to the Premises, its equipment and appliances. The list shall be treated as
correct unless Tenant objects to the list by written notice given to Landlord within five
days after Tenant receives the list.
13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain
all electrical, plumbing, heating, ventilating, air conditioning and other facilities and
appliances, including elevators, in good and safe working condition; and comply with
applicable building and Housing code requirements materially affecting health and
safety. Landlord's failure to comply with the above requirements will not be grounds for
Tenant's termination of this Lease unless Tenant has given Landlord written notice of the
defective condition and Landlord has failed to remedy the condition within 21 days.
However, Tenant may not terminate the Lease if Tenant, a member of Tenant's family or
some other person on the Premises with Tenant's consent intentionally or negligently
caused the defective condition. Such defective conditions will be repaired at Tenant's
expense. Any termination by Tenant shall be made in accordance with the section of this
Lease concerning breach by Landlord.
14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the
Premises clean and safe; use all electrical, plumbing, heating, ventilating and
air-conditioning facilities and appliances in a reasonable manner; conduct himself or
herself, and require guests to conduct themselves, in a manner that will not disturb
Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage
or remove any part of the Premises, and that he or she will not permit any person to do
so. Tenant covenants and agrees to care for, maintain and repair the Premises,
equipment, appliances and fixtures. Upon the expiration or termination of this Lease,
Tenant agrees to deliver the Premises in good and clean condition, ordinary wear and
tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear
October 2, 2002 (Regular Day Meeting)
(Page 28)
and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give
Landlord prompt written notice of any defects in the Premises, its equipment, appliances
and fixtures. If further damage occurs between the time Tenant learns that a defect
exists and the time Landlord learns of such defect, Tenant will be liable for the costs of
any repairs of such additional damage, which might have been avoided had Tenant
promptly notified Landlord of the defect. Tenant agrees to pay all costs resulting from
the intentional or negligent destruction, damage or removal of any part of the Premises
by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's
consent. Tenant further agrees to release, indemnify, protect, defend and hold the
County and City harmless from all liability, obligations, losses, claims, demands,
damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of
any kind or nature whatsoever, whether suffered, made, instituted or asserted by any
entity, party or person for any personal injury to or death of any person or persons and for
any loss, damage or destruction of the Premises, arising out of, connected with, or
resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's
guests or other persons on the Premises with the consent or permission of Tenant. The
foregoing agreement to indemnify shall continue in full force and effect notwithstanding
the termination of this Agreement. Tenant further agrees to release, indemnify, protect,
defend and hold the County and City harmless from all liability, obligations, losses,
claims, demands, damages, actions, suits, proceedings, costs and expenses, including
attorney's fees, of any kind or nature whatsoever, whether suffered, made, instituted or
asserted by any entity, party or person for any personal injury to or death of any person or
persons and for any loss, damage or destruction of the Premises, arising out of,
connected with, or resulting directly or indirectly from the negligent or intentional acts of
Tenant, Tenant's guests or other persons on the Premises with the consent or permission
of Tenant. The foregoing agreement to indemnify shall continue in full force and effect
notwithstanding the termination of this Agreement.
15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the
termination or expiration of this Lease, Tenant will remove all of Tenant's property from
the Premises and deliver possession of the Premises, thoroughly clean and in good
condition, reasonable wear and tear excepted, and in compliance with such reasonable
conditions as may be set forth in Landlord's rules and regulations. Tenant's compliance
with this section is necessary to insure that the Premises will be in good condition for the
next tenants to whom Landlord leases the Premises. Tenant will be liable for any
damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly
clean and in good condition, reasonable wear and tear expected.
16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease,
Landlord will inspect the Premises to determine whether Tenant has properly maintained
the Premises and has left Premises thoroughly cleaned and in good condition,
reasonable wear and tear excepted. Grease accumulation and unreasonable marks,
holes, nicks or other injury to walls, ceilings, floors or appliances will not be considered
ordinary wear and tear. This inspection will be made to determine what portion of the
security deposit will be returned to Tenant and whether Tenant may be liable for
damages exceeding the amount of the security deposit. This inspection will be made with
72 hours after the termination of Tenant's occupancy of the Premises. For the purposes
of this section, the termination of Tenant's occupancy of the Premises will not be deemed
to have occurred until all or substantially all of Tenant's property has been removed from
the Premises. Tenant will have the right to be present during this inspection, provided
Tenant gives Landlord written notice of Tenant's desire to be present during the
inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date
when the inspection will be made. However, Tenant's delay in notifying Landlord of
Tenant's desire to attend the inspection will not require Landlord to delay making the
inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant
attends the inspection, an itemized list of damages known to exist at the time of the
inspection will be provided to Tenant by Landlord immediately upon the completion of the
inspection.
17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on
the Premises after the termination or expiration of this Lease may be treated by Landlord
as abandoned property. Landlord will prepare an itemized list of such property and may
immediately remove the property from the Premises and place it in storage for
safekeeping for a period not less than one month from the date this Lease terminates
and possession of the Premises is delivered to Landlord. Tenant may reclaim the
property during this one-month period, provided that tenant pays the cost of its removal
and storage. Upon expiration of the one-month period, Landlord will be free to dispose of
the property as Landlord sees fit, provided written notice of Landlord's intent to dispose of
the property is given to Tenant at least 10 days before such disposal occurs. This notice
must be sent to Tenant's last known address, address correction requested. In addition,
Landlord must keep the itemized list of Tenant's property for two years after Landlord
disposes of that property. Any funds received by Landlord from the disposal of Tenant's
property may be applied to Tenant's indebtedness to Landlord for unpaid rent or other
damages, including charges for removing, storing and selling the property. Any
remaining funds will be treated as security deposit.
October 2, 2002 (Regular Day Meeting)
(Page 29)
18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or
negligence of Tenant or Tenant's guest, fire or other cause destroys or damages the
Premises to the extent that Tenant's enjoyment is substantially impaired, Tenant may
immediately vacate the premises and within 14 days thereafter give written notice to
Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will
terminate as of the date of termination of Tenant's occupancy and Landlord will return
Tenant's security deposit, any interest required by law, and prepaid rent covering the
period after Tenant vacated the Premises - subject to any set off for charges or damages
Tenant owes to Landlord. If, through no fault or negligence of Tenant or Tenant's guests,
fire or other cause damages the Premises to the extent that Tenant's enjoyment is
somewhat impaired, though not substantially impaired, Landlord will have a reasonable
period of time in which to repair the Premises. Landlord's duty to repair will not arise until
Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to
repair the Premises within a reasonable period of time after having received written notice
from Tenant, Tenant will be entitled to a reduction in rent for that period of time beginning
30 days after notice was given to Landlord and ending on the date Landlord successfully
repairs the Premises. In any dispute concerning Tenants right to terminate this Lease or
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receive a rent reduction, Tenant will be required to prove that the condition of the
Premises justifies such relief.
19. BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of
Tenant's person or property. Except to the extent provided by law, Landlord will not be
liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant's
guest.
20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's
reasonable and non-discriminatory rules and regulations which concern the use and
occupancy of the Premises, which intend to promote the convenience, safety or welfare
to tenants or preserve Landlord's property from abusive conduct. Landlord agrees to
give Tenant reasonable notice of any new rules or regulations before enforcing such
rules and regulations against Tenant.
21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from
liability for all rent and other charges due under this lease unless Landlord signs a written
statement on which Landlord agrees to release tenant from such liability.
22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant
is a member of the United States armed forces and (i) receives orders for a permanent
change of station to depart 50 miles or more (radius) from the Premises or (ii) is
prematurely and involuntarily discharged or relieved from active duty with the United
States armed forces, Tenant may terminate this Lease by serving on Landlord a written
notice of termination. This notice must state the date when termination will be effective
and that date shall not be less than 30 days after the date Landlord receives the notice.
In addition, the termination date shall not be more than 60 days prior to the date of
departure necessary for Tenant to comply with the official orders or any supplemental
instructions for interim training or duty prior to the transfer. Tenant's written notice of
termination must be accompanied by a copy of the official orders. If Tenant exercises
this right to terminate this Lease, Tenant shall be obligated for rent prorated to the date of
termination. Rent for the final month or portion thereof shall be due on the first day of
such month. On account of Tenant's early termination of this Lease, Landlord may
require Tenant to pay liquidated damages as follows:
(a) If Tenant has completed less than six months of the tenancy under
this Lease as of the effective date of termination, liquidated damages may be no greater
than one-month's rent.
(b) If Tenant has completed at least six months but less than 12 months
of the tenancy under this Lease as of the effective date of termination, liquidated
damages may be no greater than one half of one month's rent. Any amount owed; as
liquidated damages by Tenant shall be due on the first day of the month in which the
effective termination date occurs. This section shall not relieve Tenant of any other
liabilities, which have accrued as of the date of termination.
23. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically
terminate at the end of the lease term on the date on which Tenant's occupancy ends.
The termination of this Lease will terminate Tenant's right to occupancy but it will not
terminate any claims Tenant or Landlord may have arising out of events occurring during
the Lease term or during any holdover by Tenant. No agreement renewing or extending
this Lease will be effective unless that agreement is in writing and signed by Tenant and
Landlord. If Tenant remains in possession of the Premises after the lease term is
terminated or expires and Landlord consents to such holdover but does not enter into a
written agreement extending this Lease or substituting a new written lease, Tenant shall
have a month to month lease subject to termination by either party upon 30 days notice.
The monthly rent during such holdover period shall be at the same rate as under this
Lease or as otherwise agreed in writing.
October 2, 2002 (Regular Day Meeting)
(Page 30)
24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the
Premises without Landlord's prior written consent, which will not be unreasonably
withheld or delayed. Tenant agrees to pay Landlord a $ N/A fee if Tenant assigns or
sublets the Premises, or any part thereof. No assignment or sublet will release Tenant
from continuing liability for the full performance of this Lease unless Landlord signs a
written statement clearly releasing Tenant from such liability.
25. BREACH BY TENANT. If (a) Tenant fails to pay rent within five days after
the date when due, (b) Tenant commits a material breach of this Lease, (c) Tenant
denies Landlord's exercise of any rights under this Lease or arising by law, (d) legal
proceedings or begun by or against Tenant to levy upon or dispose of Tenants leasehold
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interest in the Premises, or (e) the Premises is used by Tenant or others for any illegal
purposes, Landlord will have the right to sue for rent and to enter and take possession
through legal proceedings or, if the Premises is abandoned, to enter and take possession
by any lawful means. In addition, Landlord will have the right to pursue all other
remedies available, including a claim for damages. If Landlord pursues any such
remedies (and regardless of whether such remedies are prosecuted to judgment),
Tenant will be liable as follows:
(a) For all past due rent and other charges
(b) For all additional rent (future rent) that would have accrued until the
expiration of the term of occupancy under this Lease or until a new lease term begins,
provided (i) that this will not affect Landlord's duty to minimize the damages by making
reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord
obtains a judgment for future rent, Landlord shall apply as a credit towards that judgment
all funds received by Landlord as rent for the Premises for these months for which the
judgment for future rent was awarded.
(c) For all expenses Landlord may incur for cleaning, painting and
repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean
and in good condition, reasonable wear and tear excepted;
(d) For any court costs and reasonable attorneys fees incurred by
Landlord (i) in collecting rent, other charges or damages, and (ii) in obtaining possession
of the Premises;
(e) For a collection fee equal to 25 percent of the judgment amount for
rent, damages, court costs and attorneys fees. Tenant understands and agrees that this
amount represents damages landlord will be likely to incur in efforts to obtain a judgment
against Tenant (including time and effort spent in case investigation, correspondence,
filing suit, discussions with lawyers, case preparation and court attendance) and to collect
such a judgment. If Tenant has breached the Lease by failing to pay rent when due,
Landlord shall give a written notice to Tenant stating that the Lease will terminate within
five days if the rent is not paid. If Tenant fails to pay the rent within that five day period,
Landlord may terminate the Lease and proceed to obtain possession of the Premises by
filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim
for rent and other damages. In connection with breaches other than failure to pay rent, if
a material noncompliance with this Lease exists or if there is a violation materially
affecting health and safety, Landlord may serve Tenant with a written notice stating that
acts or omissions constituting the breach and stating (i) that the Lease will terminate upon
a date not less than 30 days after Tenant receives the notice unless the breach is
remedied within 21 days, and (ii) that the lease will terminate as set forth in the notice. If
the breach is remedial by repairs or the payment of damages and Tenant adequately
remedies the breach within 21 days or such longer period of time as Landlord may allow,
the Lease shall not terminate. On the other hand, if the breach is not remedial,
Landlord's written notice to Tenant may state the acts and omissions constituting the
breach and state that the lease will terminate upon a specific date, which date may not be
less than 30 days after Tenant receives the notice.
25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this
Lease, or (b) fails to a substantial extent to comply with any laws with which Landlord
must comply and which materially affect Tenant's health and safety, Tenant may give
written notice to Landlord identifying the acts and conditions on the Premises concerning
Landlord's breach and stating that this lease will terminate upon a specific date (which
must be 30 days or more from the date Landlord receives the notice) unless Landlord
remedies the breach within 21 days. If Landlord remedies the breach within that 21 day
period, this Lease will not be subject to termination by Tenant in that instance. Tenant
will not have the right to terminate this Lease because of conditions caused by the
intentional or negligent acts of Tenant or persons on the Premises with Tenant's consent.
26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions
on the Premises that Landlord is required to repair unless Tenant has given Landlord
written notice of the condition and landlord has failed to successfully repair the condition
within a reasonable period of time. If Tenant withholds rent because Landlord has
October 2, 2002 (Regular Day Meeting)
(Page 31)
breached the Lease, Tenant must immediately give Landlord a second written notice of
the breach and of any conditions of the Premises which Landlord is required to remedy or
repair and must state that rent is being withheld for such reasons. If Landlord then sues
Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the
rent to the court, which will hold the rent until it decides what portion, if any, should be
paid to Landlord. If conditions exist which Landlord is required to remedy and which
creates a fire hazard or serious threat to the health or safety of Tenant, Tenant may file
an action in a court of competent jurisdiction to terminate the Lease, to require Landlord
to repair the Premises, or to obtain other relief. In such an action, Tenant may pay rent to
the court to be held until Tenant's action is decided. If Tenant withholds rent or pays rent
into court under this section and the court finds (a) that Tenant has acted in bad faith, (b)
that Tenant, Tenant's family or guests have caused the conditions or have refused
unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will
be liable for Landlord's reasonable costs, including costs for time spent, court costs, any
repair costs due to Tenant's violation of the Lease, and attorneys fees.
27. NOTICES. All notices in writing required or permitted by this Lease may be
delivered in person, or sent by mail (postage prepaid) to Landlord, Tenant or Agent at
such party's address, as set forth above or at such other address as a party may
designate from time to time by notice given in accordance with the terms of this section.
28. HEADINGS. The headings of the sections of this Lease are inserted for
convenience only and do not alter or amend the provisions that follow such headings.
29. GOVERNING LAW. This Lease is entered into and shall be construed
under the laws of the State of Virginia.
30. SEVERABILITY. Any provision of this Lease which is prohibited by, or
unlawful or unenforceable under Virginia law shall be ineffective only to the extent of
such prohibition without invalidating the remaining provisions of this Lease.
31. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a
breach by Tenant shall not be interpreted as a waiver of any subsequent breach or
noncompliance, and this lease shall continue in full force and effect.
32. AMENDMENTS. This lease may not be amended or modified except by
prior written consent of the Landlord. All amendments or modifications shall be in writing
and signed by both parties.
33. ENTIRE AGREEMENT. This lease and Addendum attached hereto shall
constitute the full and complete agreement between the parties, and no other writings or
statements (other than amendments or modifications pursuant to Section 32) shall be of
any consequence or have any legal effect.
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ADDENDUM TO LEASE AGREEMENT
This Addendum is made and entered into this 15th day of October, 2002, by and
between the City of Charlottesville (the "City"), the County of Albemarle (the "County")
and Steve and Debbie McVey (the "Tenant") and specifically modifies the Lease
Agreement only to the following extent.
The parties hereto agree that a residential lease agreement between the parties,
dated October 15, 2002, also includes this addendum, as follows:
1. Rental payment for the period of October 15, 2002, through October 15,
2003, will be $1,800.00.
2. As additional rent, the Tenant shall perform the following duties as long as he
resides on the Property. The following duties may be modified as duties may be added
or deleted by mutual written agreement between the County and City and the Tenant.
Failure to perform the following duties on the part of the Tenant shall constitute a
material breach by the Tenant under the Lease Agreement and shall entitle the Landlord
to terminate this Lease or exercise any other remedy under this lease or available law.
The Tenant Shall:
(a) Assure the park entrance gate is opened and closed per posted
times and at special requests;
(b) Assist the public with information as needed;
(c) Clean and stock restrooms and clean up and remove trash in
parking lot and open areas;
(d) In absence of park personnel, perform emergency repair or
maintenance of park facilities and grounds, to the extent possible, and contact park
October 2, 2002 (Regular Day Meeting)
(Page 32)
personnel
(e) Mow and trim grass in park and on grass trails and around tenant
house as outlined by Park Superintendent;
3. The Tenant shall not be allowed to have pets or additional residents unless
agreed to in writing by the Landlord. If such permission is granted, the tenant agrees to
be responsible for all damages to the property and third parties (persons and property)
caused by pets or additional residents. It is understood that if this approval is given that it
may be rescinded in the event a problem develops related to a pet or an additional
resident.
4. The County and City reserve the right to request the Tenant to remove from
the site any personal property that is inconsistent with the scenic natural beauty of the
park (inoperable vehicles, appliances, etc.).
5. The County and City reserve the right to request the Tenant to cease any
activity that is inconsistent with the park or surrounding neighborhood.
6. The Tenant is responsible for all utilities.
7. Landlord may terminate this lease for any reason by giving at least thirty (30)
days written notice to Tenant.
8. The Tenant shall not undertake improvements without prior written permission
of the Landlord, and such improvements shall belong to the Landlord at the expiration of
the Lease term or tenancy.
9. The County and City reserve the right to agree to certain modifications
pertaining to the foregoing tenant responsibilities during the term of the lease agreement.
It is the intent of the County and City to delegate this responsibility to the Albemarle
County Parks and Recreation Department, and its Director.
10. The County and City further agree that, in the event tenant performs
additional duties at the specific request of the County and City in connection with the
property, or for any other reason in the sole discretion of the County and City, then an
adjustment in the payment of rent under this lease agreement may be made, provided
that any such modifications shall be effective only if in writing between the County, City
and the tenant. It is the intent of the County and City to delegate this responsibility to the
Albemarle County Parks and Recreation Department, and its Director.
This Agreement is subject to and contingent upon approval of its terms by the
Albemarle County Board of Superiors and Charlottesville City Council at public hearings
to held in accordance with Virginia Code Section 15.2-1800(B).
_______________
(At this time, the Board took up Agenda Item No. 11 which had been skipped earlier in the
meeting.)
Agenda Item No. 11. Request for dance hall permit by Mountain View Grill (Deferred from
September 4, 2002).
Mr. Tucker said the Mountain View Grill in Crozet meets all requirements necessary to operate a
dance hall "by right", so staff recommends the Board approve the Mountain View Grill's dance hall permit.
Motion was offered by Mr. Rooker, to approve a dance hall permit for Mountain View Grill in
Crozet. The motion was seconded by Mr. Martin. Roll was called, and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
_______________
The Board returned to the published agenda.)
Agenda Item No. 18. Closed Session: Personnel Matters.
At 12:48 p.m., motion was offered by Mr. Bowerman, seconded by Mr. Rooker, that the Board go
into Closed Session pursuant to Section 2.2-3711(A) of the Code of Virginia under Subsection (1) to
consider appointments to Boards and Commissions; and, under Subsection (7) to consult with legal
counsel and staff regarding specific matters requiring legal advice relating to the authority of the County to
address water emergencies.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
October 2, 2002 (Regular Day Meeting)
(Page 33)
NAYS: None.
_______________
Agenda Item No. 19. Certify Closed Session.
At 2:08 p.m., the Board reconvened into open session in Room 235. Motion was immediately
offered by Mr. Rooker that the Board certify by a recorded vote that to the best of each Board members
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knowledge only public business matters lawfully exempted from the open meeting requirements of the
Virginia Freedom of Information Act and identified in the motion authorizing the closed session were heard,
discussed or considered in the closed session.
The motion was seconded by Mr. Dorrier. Roll was called, and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Bowerman and Mr. Martin.
______________
(Note: The Board skipped Agenda Item No. 20 temporarily.)
Agenda Item No. 21. Strategic Plan Goals and Objectives, Work Session.
Mr. Tucker said that in the spring of 2002 the Board initiated the County's strategic planning
process where it developed the County's Vision, Mission, and initial Strategic Plan Goal Statements. Since
that time, cross-departmental teams, consisting of about 40 staff members and representatives from other
agencies, reviewed the Vision, Mission and Goal Statements, and has worked together to develop a
framework and timetable for development of the County's Strategic Plan. (Note: Mr. Bowerman returned
at 2:10 p.m. and Mr. Martin returned at 2:11 p.m.)
Mr. Tucker said the Board was sent a copy of the basic framework for this plan last Friday. It
breaks the areas down into four theme areas: education, natural resources, quality of life, and effective and
efficient County services. For those areas, staff took goals the Board identified, refined them and added a
couple of goals. Under quality of life a goal regarding the productive use of leisure time was added.
A@
Under improving communications with the community, a goal encouraging problem-solving and on-going
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feedback systems was added.
Mr. Tucker said this is a critical point in the process. He wanted to be sure staff is actually focusing
on the most important priorities. The decisions of the Board today are things staff will be dealing with over
the next several years. He said Albemarle is moving from a rural/suburban county to an urban county in
character. That will make a difference in how to plan for the future of this community. He said to begin this
discussion staff would like to hear the Boards comments about each critical area.
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Ms. Lee Catlin said staff wants to hear the Boards comments about the materials presented. She
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asked that the Board members write down the most important ideas they feel staff should be working on
now. Mr. Tucker noted that nothing was forwarded to the Board about education. Staff will be working
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with the School Board and others in drafting those objectives.
Ms. Catlin asked for remarks concerning Protect the Countys Natural, Scenic and Historic
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Resources.
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Mr. Rooker said that developing an effective plan to have water resources available, and an
adequate water supply throughout the community both now and in the future, is the first thing that comes to
mind. He hopes that such a plan would take into consideration the potential for a serious drought.
Mr. Perkins said the thing he noticed about these three goals is that they start with protect natural
A
resources, enhance quality of life and provide efficient ... services. Not only should natural resources
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be protected, but they should also be enhanced. This ties into the problem with water. Scenic quality could
be enhanced by building the Buck Mountain Reservoir, or something on Preddys Creek.
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Mr. Dorrier said he thinks that 2:4 Protect and/or preserve the Countys scenic resources and 2:5
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Protect and/or preserve the Countys open spaces is just saying the same thing.
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Mr. Martin said the Board has discussed the Goals at length, but not the order in which they are
listed. He thinks the most important thing County government does is to protect the citizens and he thinks
that is embedded in the Goals under No. 3 Enhance the Quality of Life for all Albemarle County Citizens.
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Second to that goal would be to provide a quality education.
Mr. Bowerman said whatever is done with the growth that is occurring is somewhat like the issue
the Board has faced with the cell towers. When one travels to other areas of the state and country, cell
towers are seen everywhere. In Albemarle, they are not seen. He does not know what future boards will
do, but collectively the County should be left with the benefits it already has.
Mr. Rooker suggesting developing rural area and growth management plans that would help
accomplish what Mr. Bowerman just said.
October 2, 2002 (Regular Day Meeting)
(Page 34)
Ms. Thomas said the Board has added things to the Comprehensive Plan like DISC, and now the
challenge it to actually do those things. She realizes that to do strategic planning, one must start with the
goals, but it is going to be really hard to move forward.
Mr. Dorrier said Goal 2.1 says Protect and/or preserve the Countys rural character, but that has
A=@
been changing to more of a suburban character over the past years. To what point in time does this goal
refer, 1800s, 1900s? Is Albemarle County still a rural county?
Ms. Thomas said there are still pieces of it that can be preserved so that some people can maintain
that form of life.
Mr. Perkins said that percentage wise the County is still rural.
Mr. Dorrier said the County is progressive, and a County with a reverse population.
Ms. Thomas said these goals talk about protect and preserve, but do not talk about access to.
A@A@
She thinks it will be harder to get the community to agree that these things are important if there is no way
they can get to any of these things, so access is an issue that should be mentioned.
Ms. Catlin suggested the Board discuss the goal concerning quality of life.
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Mr. Rooker said 3.3 which reads Promote a variety of safe, sanitary and affordable housing types
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should be a policy which works better. There should also be something about better pedestrian/bicycle
access throughout the community with a focus on senior citizens.
Mr. Martin said 3.1 reads Make the County a safe and Healthy Community in which citizens feel
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secure to live, work and play but there is only one strategic objective that relates to that goal. Under
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Strategic Objective 3.2.1, The County will have an effective and coordinated approach in place to provide
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targeted services to at risk children, adults and families, he believes the Board also talked about putting
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self reliance into that section. Ms. Catlin asked if Mr. Martin was suggesting that public safety be reflected
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in some way under 3.2.
Mr. Martin said yes. When talking about policies concerning home ownership, affordable homes,
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etc., it seems that should be intermingled with 3.5 Maintain a strong and sustainable economy. He said
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affordable housing is not just a house which is inexpensive, but it is also having a job so one can afford to
buy the house. One is to keep the price of the house down, and second is to have a wage so that one can
buy the house.
Ms. Thomas said transportation and land use are tied together. Millions of dollars could be
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spent on buses, but if the community is not one that could use the buses to get where they want to go, it still
would not provide a good transportation system.
Mr. Dorrier said 3.4 should refer to a coordinated, diverse regional transportation system. It would
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not make any sense if planning did not coordinate with Charlottesville and the surrounding localities.
Ms. Catlin suggested the Board discuss the goal Provide effective and efficient County services ....
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Ms. Thomas said staff is supposed to carry through what the Supervisors want to accomplish. No
where does it say as efficiently and effectively as possible make the changes the Supervisors have
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recommended in ordinances, the Comprehensive Plan, etc.
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Mr. Martin said the things the Supervisors do also have an effect on whether staff can provide
efficient services. He thinks that providing effective and efficient county services .... actually is carried out
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by staff, so the Supervisors need to be aware that the decisions they make have an effect on whether staff
can be effective and efficient.
Ms. Thomas said the Countys relationship with the State will always be important. She is glad staff
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added 4.4 Create and maintain an effective dialogue with the community .... She said the Board has been
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increasingly frustrated by not having any member of the news media attend Board meetings. She thinks
that is an important issue, since the public does not know what the Board is working on, or its decisions.
Mr. Rooker said it is important that all County information is made available on the Internet.
Mr. Martin said the press needs to give enough information about the Boards meetings so people
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are interested in using the website. He often hears from members of the public that when they are told they
cant do something they would appreciate being given an option to remedy the situation, as opposed to just
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being told no.
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Mr. Rooker suggested adding Seek to diversify revenue sources.
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Ms. Thomas said she has spent a lot of time on this issue at VACo meetings.
Mr. Martin said he does not believe the Board members discussed this at its retreat, even though it
is important.
October 2, 2002 (Regular Day Meeting)
(Page 35)
Mr. Dorrier said there is nothing in the materials presented about public/private partnerships. He
thinks a better job could be done in seeking private solutions to some problems.
Ms. Catlin said at this time the three team leaders will review the Strategic Objectives.
Mr. Tom Foley, Assistant County Executive, was first to speak. He said the Board has set policy
with the Neighborhood Model and with the study of the Rural Areas to focus concerns in the community.
Staff focused on ways to turn policy into reality by defining the things which are missing. The first two
strategic objectives related to preserving the Countys rural character are what is going on now, attracting
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and directing growth to the development areas and revising policies in the rural areas. In order to make this
become a reality, the first objective is to ensure implementation of master plans. If the amenities and
infrastructure are not in place, the ultimate objective of getting development out of the rural areas into the
development areas will not be achieved. In order to be successful, there will be a need to focus on
resource planning, clarifying expectations between the developer, the County and homeowners
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associations as to who will pay and maintain these resources. This will impact County government
operations in what will become little cities. Years have been spent developing policies. After the master
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plans are developed, the public will expect something to happen. Also related to rural character would be
development of a plan to insure an organized effort to quickly move to implementation of new policies in the
rural areas. There is still a lot of work needed to revise the ordinances and policies to implement the broad
policies and framework set in the Comprehensive Plan, and to identify the resources needed to implement
those policies.
Mr. Foley said the third strategy is related to the goal of protecting natural resources. The main
issue here is the water resources plan. The strategy is to have an integrated water resource plan that
addresses quality and supply. This is important because of the drought, growth, the continued
sedimentation of the reservoir, and the increasingly impaired streams and rivers statewide. He said that in
the Comprehensive Plan there are 26 stand-alone water objectives. Without an integrated approach on
how to address all natural resources, there is an impact on water quality. The Board recently discussed an
integrated approach which does not look at just water issues, but looks at forests and other things which
have an impact on water.
Mr. Foley said Goal 2.6 is Provide for environmentally sensitive government operations at the local
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and regional level. The fourth strategic objective is to have a long-term solid waste strategy in place which
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emphasizes the importance of waste reduction and reuse of materials. This is critical because of recent
changes at the Ivy Landfill. There is currently an eight-year contract in place, and over that period of time,
planning will be needed for the future. Second, there is no clear comprehensive direction or emphasis on
solid waste reduction and reuse at this time.
Mr. Foley said strategic objective 2.6.2 is to have an environmental management system in place.
This is a systemic approach to ensuring that the Countys governmental operations are in compliance with
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State and Federal regulations. There is increasing scrutiny by the EPA on local government operations.
The City of Roanoke has been convicted of some violations, so this is a very important objective. Also the
number of County facilities will be increasing over the next few years. This is important because with the
policies and emphasis the County has on environmental protection, it wants to set the right example.
Ms. Roxanne White, Assistant County Executive, was present to discuss the quality of life goals.
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She said her team struggled with just defining the term. The first was to draft a strategy to insure that the
public safety system meets the demand of a growing urbanization of the County. She said that in the urban
areas, the County can no longer rely on volunteers for the fire/rescue system. Also, the County cannot rely
on the City to address those services in the urbanized area. Since the events of September 11, 2001, it is
obvious that there needs to be a more comprehensive system in place.
Ms. White said 3.2.1 is to have an effective and coordinated approach ... to targeted services to at-
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risk children, adults and families. There are a high number of children in foster care, a high level of mental
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health needs with increasingly disturbed and troubled children. Over $5.0 million is being spent each year
on CSA costs. Prevention and early intervention is the only way to address some of the needs of families.
This is a way of focusing on a coordinated approach to get some results. At a recent meeting, it was asked
why some of these things are not being done now. Well they are, through the Commission on Families and
Youth. However, a lot of services being provided are not provided by the County, but by a myriad number of
non-profit agencies. This will help to target the time frame to get a system in place.
Ms. White said 3.2.2 is to adopt strategies to insure that Albemarles senior citizens receive critical
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prevention services and support .... She said it is recognized that the senior population is the fastest
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growing in the community. Many seniors have reduced incomes and have a lot of needs. She said JABA is
now in the process of doing their 2020 Long-Range Vision for the Senior Population. The County does not
want to replicate what JABA is doing, but wants to develop a plan in conjunction with JABA because of the
input they are getting from the community.
Mr. Rooker asked if something could be added to say including reasonable access to public and
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private facilities. He thinks that is an important part of allowing the other things to happen.
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Ms. White said increasing the availability of safe and affordable housing is next. That was broken
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into three different priorities. First is increasing rental housing for the population under 50 percent of the
median income. Rental issues are a big problem in the community. Staff recently found that someone
needs an income of almost $13.50 an hour in order to rent a two-bedroom apartment at fair market value.
A large part of the population cannot afford rental housing. Second, is to increase home ownership. That
October 2, 2002 (Regular Day Meeting)
(Page 36)
is for the population that is below 80 percent of the median income. The latest figures show that the
average cost of a home in Albemarle is over $200,000. Third, is to develop an administrative structure to
insure that ten percent of all new units will be affordable. That links with the Housing Committees report,
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which is still to be presented to the Board, about the affordable housing amendment to the Comprehensive
Plan to insure that new neighborhoods have that diversity of housing types and that there is affordable
housing in neighborhoods. It also incorporates an administrative structure to be sure those houses remain
as affordable housing.
Ms. White said 3.4 is the transportation goal. The objective will develop a regional strategy for an
integrated transportation system in the Countys development areas. This has been worked on a lot, and a
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lot of different transportation plans have been developed.
Mr. Rooker said the funding sources need to be identified. Without funding sources there is no way
to implement the plan, and nothing much will be accomplished.
Ms. White said 3.5.1 relates to developing strategies to increase access to higher paying jobs. She
said the ability to have housing, etc., depends on people being able to be self-sufficient. When the cost-of-
living study was done in 1999, the committee talked about people having a wage of $11.50 an hour, but
there are a lot of people who are not able to earn that wage. A lot of stress on families is coming from
families who are not able to live in Albemarle County. Financial pressures create a lot of other pressures
within the family.
Ms. White said it is suggested that a tourism support program be developed to focus on rural,
agrarian, historic and ecological resources. There is no urgency to this one, but there are a lot of resources
in the County which could help bring other resources into the County.
Ms. White said the final one, 3.6.1, relates to the goal added by staff to provide opportunities for
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the healthy and productive use of leisure time. She said the objective is to increase the quantity and/or
@
quality of indoor and outdoor recreation space. They felt it is important to the quality of life to have people
use their leisure time for some restorative opportunities. The surveys have showed that the biggest
complaint from citizens had to do with lack of field space and indoor recreational space. The Greenways
and Blueways apply to this also. A plan needs to be in place so the County does not lose some
opportunities because of development taking place.
Mr. Roger Hildebeidel, Budget Manager, said his team worked on effective and efficient county
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services. He said they recommended four goals, but the most important one has to do with customer
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service. There are five objectives under that goal. They have tried to address issues raised by the Board
members. First is that each County department will establish and implement standards for superior
customer service. Having employees be helpful and not a hindrance is extremely important. Second,
relates to the citizen having access to at least five (arbitrary number picked by the team) new customer-
friendly ways to receive County services such as e-government, satellite, kiosks, telephone, etc. other than
coming physically to County offices.
Mr. Hildebeidel said the third strategy relates to technology. These systems need to be maintained
and enhanced. The next objective focuses on having quality employees and being recognized as a quality
place of employment, as well as having the processes and systems in place that allow the County to
continuously attract and retain customer-focused employees.
Mr. Hildebeidel said the fifth objective relates to improving the internal communication processes so
that all County employees may be able to speak effectively about many of the issues facing the County,
and not just those issues in their specified area.
Mr. Hildebeidel said the second goal says Fund County services .... This is a critical goal. The
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team debated the need to change laws, seek the General Assembly to change certain laws that would give
the County more efficient and different sources of revenue. The team saw this as a very long, drawn-out,
frustrating process, and it did not know whether putting effort into that and setting it up as a specific goal in
this time frame was really cost beneficial. It is important, but could anything be done soon enough to make
a difference. The team did establish 4.2.1 The County will establish criteria defining fair and efficient
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revenue sources, recovery of the costs of services, and fee schedules for beneficiaries of special enhanced
or targeted County services. If the County provides special services which meet unique needs, what are
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the ways in which revenue can be focused in order to support those services, other than having them just
be part of the general revenue stream of the County.
Mr. Hildebeidel said the third goal has to do with maintaining and improving relationships with other
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public jurisdictions .... He said the team wrote an objective to cover this one adding the words private
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sector since they knew about the public/private educational facilities funding act, and several other
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changes which will allow the County to enter into more arrangements with private entities to help support
certain activities.
Mr. Hildebeidel said the final goal was to maintain an effective dialogue with the community. The
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objective would be to develop a plan to increase citizen engagement in critical county decision-making
processes. This is a little vague because they had little information on the extent of citizen participation at
this time. They wondered how County government could communicate directly with the citizens, not
through the news media. There was a concern expressed earlier in the meeting about having an objective
concerning implementation of Board policy and an objective could be written and included to cover that
concern. He said these objectives are just a few of the issues and objectives discussed based largely on
October 2, 2002 (Regular Day Meeting)
(Page 37)
what the team felt were the most critical issues and the ones which could be done the quickest.
Ms. Catlin said staff would like to summarize what has been discussed so far today. Based on
what staff has explained today, is there anything any Board member thinks is critical which was not reflected
in the materials distributed.
Mr. Dorrier said the time shown for developing an integrated water resource plan is December,
2004. He thinks that is too long.
Ms. Thomas said an integrated water resource plan will take everything into account. Most
communities have found it to be a very complicated procedure. Mr. Dorrier said he thought there were
several plans on the shelf now. Ms. Thomas said one of the problems is that there is not an integrated plan
because there are Authoritys dealing with certain aspects concerning water.
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Ms. Catlin said just because that date is in the plan, it does not mean nothing will be done until that
point in time. If there is a pressing need, that is part of a strategy piece which includes a number of steps
for the process.
Mr. Tucker said an integrated resource plan will not solve the water crisis. That is a different
planning document. There is a need to put into place some things that would help during a crisis. The
problem is that there are other regulatory agencies which must be followed, such as the EPA and DEQ.
Mr. Rooker asked if this Board has already approved the five-part plan established by the Rivanna
Authority dealing with capacity. Mr. Tucker said yes. The City has not taken official action, but he was told
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there was a consensus of Council members on the subject.
Ms. Catlin noted that staff had posted a list of brainstorming ideas by Board members, along with
the list of strategic objectives. She asked if the Board members see anything which was not covered in the
conversation.
Ms. Thomas said the rural areas of the Comprehensive Plan is being worked on today, so she
cannot say that it has not been covered in this conversation.
Ms. Catlin asked if the framework shown can accommodate all the important priorities.
Mr. Rooker said he does not see much dealing with safety. Mr. Tucker said the next phase of this
process will develop extensive strategies. The goal now is a broad public statement, but staff tried to keep
the number of objectives down so that they are workable. The strategies will be very definitive.
Ms. Catlin asked if there is anything in other areas which the Board members felt was missing
during the presentation by the team leaders.
Mr. Martin said that on the safety issue, at some point safety should be defined not just as police,
fire, etc., but by identifying at-risk services, housing, etc., even if it is not a program, but just listing certain
services.
Ms. Catlin said the team had brought together many people to talk about this issue. It is something
that cuts across a lot of different functional areas. She asked which items of all those put forth today are
felt to be the most important by the Board members.
Mr. Dorrier said one thing which is left out of the whole document is a mention of taxes. He said the
first thing citizens ask is are you going to raise my taxes. If that is ignored in this document, it is something
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that is very important to the customer.
Ms. Catlin said that is something which will have to be discussed at the strategy level.
Ms. Thomas said there is an opening for it in objective 4.2.1.
Mr. Tucker said this will be the document which will help staff prepare the budget for the next fiscal
year. Then it will be up to the Board to decide which objectives it can afford, and which objectives it will
support if it means a tax rate increase, whatever.
Mr. Perkins said if the County can run an efficient operation, it will be doing the best it can do with
the publics money.
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Mr. Rooker said he is troubled when he sees an objective such as 4.1.2 where it says County
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citizens will have access to at least five new customer-friendly ways to receive County services. He said
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that is a nice statement, but it may be found that after providing a couple of new ways, the next few may not
be cost-efficient. He suggested deleting the words at least five and then come up with suggestions as to
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ways that goal could be met.
Ms. Catlin asked again which strategies the Board would like staff to work on first.
Ms. Thomas said Albemarle is an urbanizing County which wants to be sophisticated, efficient,
effective, etc. Yet, she does not want this area to be changed dramatically, Mr. Bowerman said it is no fun
to go home again if you dont recognize home.
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October 2, 2002 (Regular Day Meeting)
(Page 38)
Ms. Catlin asked if there are any other areas of concern. Do any of the objectives look like areas of
challenge? Mr. Tucker said staff is going to start developing strategies on all of the various objectives and
the strategies will be brought to the Board for review in January.
Ms. Thomas said if there were no further discussion at this time, the Board would recess, and
reconvene in Room 241. (Note: At 3:31 p.m., the Board recessed.)
_______________
Agenda Item No. 20. Appointments. Ms. Thomas said there was a quorum present so she would
entertain a motion to make the following appointments:
Reappoint Mr. John E. Davidson and Mr. Terence Y. Sieg to the Public Recreational Facilities
Authority, with new terms to expire December 13, 2005.
Reappoint Mr. Ross L. Stevens to the ACE Appraisal Review Committee, with new term to expire
December 31, 2003.
Reappoint Mr. Stephen F. Ashby to the Single-Occupant Alternatives Committee, with new term to
expire January 12, 2005.
Reappoint Mr. Scott Goodman to the Industrial Development Authority as the Jack Jouett District
appointee, with new term to expire January 19, 2007.
Appoint Mr. Timothy F. Jost Tolson to the Library Board, with term to expire June 30, 2004. Mr.
Tolson replaces Mr. Robert F. German, Jr.
Motion to this effect was made by Mr. Perkins, seconded by Mr. Rooker, and passed by the
following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Martin.
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Agenda Item No. 22. SP-2002-019. Clifton Inn Amendment - Expanding Seating (Signs #21 & 22).
Request to allow increased seating from 80 persons to no more than 200 persons for special events in
accord w/Sec 10.2.2(27) of the Zoning Ord & to allow for shared parking w/Stone Robinson Elemen School
(TM 79, P 23B) in accord w/Sec 4.12.4 of the Zoning Ord. A waiver to Sec 4.12.3.4(b) of the Zoning Ord is
requested to allow for parking that is greater than 500 feet from the proposed use. TM 79, Ps 23B & 23C,
contain 10.36 acs Znd RA. Loc on Rt 729 approx 0.25 mls from its intersec w/Rt 250. Scottsville Dist.
(Notice of this public hearing was published in the Daily Progress on September 16 and September 23,
2002.)
Mr. David Benish, Chief of Community Development, summarized the staffs report which is on file
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in the Clerks Office. He said this is a request to amend SP-2001-039 to allow for an increase in the total
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capacity permitted from 80 people to not more than 200 people for special events. (Note: Mr. Martin
returned to the meeting at 3:32 p.m.) He said the property contains approximately 10.0 acres and is
located in the Scottsville District on Route 729 about one-quarter mile from its intersection with U.S. Route
250.
Mr. Benish said this applicant originally proposed to incorporate shared parking with the Stone
Robinson Elementary School. At the June 18, 2002, Planning Commission meeting, the application was
unanimously denied due to public safety and health issues. This request was scheduled to be heard by the
Board at its July 10, 2002, meeting. However, the applicant requested an indefinite postponement in order
to address the issues raised at the Commission meeting. The applicant has now proposed to establish a
new parking area consisting of 50 parking spaces on site. There is no longer an off-site or shuttle option
involved.
Mr. Benish said there is still an outstanding issue with Health Department approval for the septic
system. The applicant has submitted information stating that the size of the system and the design of it is
adequate to support the additional capacity proposed. However, to date, staff has not received approval
from the Health Department as to the size and the adequacy of the septic system for the total of 200 people
proposed by the applicant.
Mr. Benish said staff believes the parking issues have been addressed, but the Commission has
not reviewed this proposal as to location of the parking. If the Board should choose to approve this request,
Condition No. 2 is worded so that the Health Department issue and the septic issue can be addressed with
signing of the final plat. Condition No. 4 limits the special events and total capacity on site to 200 people, or
that number approved by the Health Department, whichever is less. He noted that although the Board has
approved special use permits with conditions of approval requiring Health Department approval, the most
desired situation is to have those approvals before review of the special use permit request. Staff does not
have that yet. He offered to answer questions.
Ms. Thomas said she thinks the Commission would ask questions about pervious and impervious
surface for the parking because that is something they have been doing recently. Also, she imagines that is
a site plan issue. She asked if Mr. Benish had any comments about that. Mr. Benish said the Zoning
Department has alluded to a waiver which may be requested for a lesser standard of parking since the
October 2, 2002 (Regular Day Meeting)
(Page 39)
parking is for periodic events.
Mr. Rooker asked if there was any consideration given to the number of special events which can
be held in one year. Mr. Benish said no, but that could be part of the Health Departments approval.
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At this time, Ms. Thomas opened the public hearing and asked the applicant to speak first.
Mr. Larry McElwain was present representing the applicant. He said they had asked for a waiver of
Sec. 4.12.3.4b of the Zoning Ordinance, and can now withdraw that request because parking is being
provided on site. The site they chose, from a topographical point of view, is a natural site for parking, and
parking will have minimal visual impact. Drainage was another issue. Problems with the entrance will be
corrected, and will be incorporated into the site plan. The septic system is the final issue. There is a state-
of-the-art system on site with a holding tank that can hold effluent during stressful situations and then
release same over a period of time. It also has a grease trap off of the commercial kitchen.
Mr. McElwain said staff made three comments which were unfavorable and he will address those.
First, the Planning Commission had not reviewed the proposal for on-site parking. He thinks staff can do
that since it is a natural setting. They will be putting in a low-impact parking situation. Second, the Health
Department has not reviewed the engineering calculations, and that is because the applicant has not yet
submitted that information to them. Third had to do with special events. He does not know how staff
decided on 150 people as a limitation. These would be private events at Clifton. Staff had compared these
events to winery special events and those are usually open to the public. Clifton would like to have more
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than 12 weddings per year if the septic system is sufficient and the parking can be arranged. They do not
wish to change the footprint of the building, or have any construction other than the parking lot itself. The
construction they are doing and the events they will hold will not have any substantial detriment to any
adjoining properties, and all of those properties are owned by the owner of Clifton. Neither noise nor
lighting should be a major issue with any of the neighbors. He said the applicant will cooperate with the
County as far as the staffs recommendations are concerned. He then offered to answer questions.
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Mr. Rooker asked about the desire to have more than 12 events per year. Mr. McElwain said they
have not marketed the facility, so do not know how many events they might be able to have each year.
They would like the right to hold more than 12 events per year if there is the capacity to do so. A lot of
money was spent on this septic system. It is designed with a larger capacity system. If they are going to
hold these events, they would like to make it economically viable.
Mr. Rooker asked if there is some specific number they would like to have. Mr. McElwain said they
will do whatever number the Board grants. They have certain economic capacities they cannot exceed
because they will have to cleanup after these events. This will stress the staff, so they will need to hire extra
people. There is an internal limiting factor. Also, this type of event would probably not be held mid-week. It
is not an issue they have discussed.
Mr. Perkins asked if these events would take place more often during the outdoor season. Mr.
McElwain said he believes that will be so. Within the recommendations there is the limitation of having only
52 people seated inside. Any event that falls outside of the scope of the existing special use permit will
have to be held outside. Weather will be a limiting factor.
With no one from the public rising to speak, the public hearing was closed, and the matter placed
before the Board.
Ms. Thomas said this property lies in a rural area, and in her mind that places a limitation on the
number of people. However, it is an unusual area because it has major road access.
Mr. Bowerman said he thinks this is the type of thing the Board is looking for in the rural areas. It
promotes tourism and the actual preservation of the rural area. If it is able to meet the conditions
recommended by staff in the way of health and safety, it would probably be a good use.
Mr. Dorrier agreed. He has always been impressed that the Clifton Inn keeps with the historic
nature of the area. This Inn is a fine corporate citizen and a fine example of what a bed and breakfast can
do in retaining its traditional flavor. He thinks what Mr. McElwain has suggested is in keeping with that
position. He then offered motion to approve SP-2002-019. He said that in the motion he would suggest
that they not be limited to 12 events. Perhaps it could be left open-ended and reviewed again in six months.
Mr. Rooker asked if special events at wineries are usually limited to a specific number of events per
year. Mr. Cilimberg said it is controlled by a supplementary regulation which can be modified by the
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Planning Commission. Mr. Benish said they can have four major events per year.
Mr. Rooker said he has no problem with what Mr. McElwain outlined, or with the current operation
of Clifton, or having a special event every now and then to supplement their income , or providing a forum
for wedding parties, etc. He said this is a rural area location and a special use permit runs with the land, so
regardless of what Clifton becomes in the future, this goes on forever. There have been many people who
have objected because Foxfield is not more limited, but it has a special use permit and has the right to
continue to operate indefinitely. The Board has no ability to change the conditions of the special use permit
once granted. The Board cannot go back in two years and impose an additional condition. If the Board
imposes a legal limitation on the number of events per year, it is somewhat similar to what has been
permitted in the rural areas for wineries. If they find they need to increase that number, they can always
apply for an amendment to the permit.
October 2, 2002 (Regular Day Meeting)
(Page 40)
Mr. Tucker said the Board might add a condition that the permit be brought back to the Board in
twelve months. Mr. Davis said the Board has in the past put a time limit on the permit, which required the
applicant to come back and start over. He does not believe that this applicant would be interested in doing
that.
Mr. Rooker said he thinks it would be better to put some limitation on the total number of events.
He is not suggesting that it be unreasonably restrictive. If they found they needed an additional number in a
few years, they could reapply.
Mr. Martin asked what number Mr. Rooker is suggesting. Mr. Rooker said 15 or 16 seems
reasonable. Mr. Martin asked if that is the number used for wineries. Mr. Davis said wineries can have 12
special events which can exceed 150 people, and they can also have four festivals each year that can be
up to three consecutive days open to the general public. Mr. Martin said he would recommend 16 during
the good weather months and they can come back for an amendment.
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Mr. Dorrier said the fact that no one is present to speak against the request indicates that Clifton
has been a good neighbor.
Ms. Thomas said the Board has learned through the years, and often to its sorrow, that these
permits go with the property and not with the well-meaning present applicant. She thinks the Board is
always trying to find the line between being unreasonable to the present applicant, but not opening up the
County to the impact of some future owner who may not be so fine.
Mr. Dorrier said he thinks a review in a year might be a better way to do it. He asked if Mr.
McElwain has any thoughts about whether a review would be better than an arbitrary limit.
Mr. McElwain said there is one distinguishing factor with Clifton and a winery. Clifton has a 53-seat
capacity building inside. The way the special permit is worded they cannot have more than 200 people on
the property at any one time. Wineries can exceed 150 people only x number of times per year assuming
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that is at an outdoor type of event. If they had 50 people indoors, they cannot have more then 150 people
outdoors. They are not asking for more than, but a cap at 200. Wineries have no cap on the number of
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people.
Mr. Martin said he could support the permit without a limitation being imposed. However, the Board
is talking about imposing a limit as a way to reach a compromise. Mr. Martin asked if they would be doing
this during six months of the year. Mr. McElwain said it would be closer to eight months during the Fall and
Spring. Mr. Martin said that 16 would give them the ability to have an event every other week. Mr. McElwain
said they would like to have about 25, but they will take whatever number they are given. He thinks there
needs to be some logical basic to support what they intend to do. He does not think the comparison with
wineries is correct.
Mr. Bowerman said the permit goes with the land but it will not be turning into a night club or a
bunch of other things, it is an inn.
Mr. Cilimberg said looking at just the inn and restaurant now, they have the 52-seat restaurant and
14 guestrooms. That is approximately 80 people total they could have at any one time. Staff believes the
cut off would be the number exceeding the number they can have now in the restaurant and the
guestrooms.
Mr. Rooker asked if the 200 limit on the permit now includes everything. Mr. Cilimberg said yes.
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Mr. Davis said the 200 would address most of the concerns of the Board. Mr. Rooker said in light of the
wineries where it only deals with situations of over 150, this is not a significant departure from what is now
permitted in the rural area.
Ms. Thomas said Mr. Dorrier had made a motion for approval earlier, but did not mention the five
conditions recommended by staff. Mr. Dorrier said he meant to include the five conditions. Mr. Davis asked
if Mr. Dorrier was including the request for review. Mr. Dorrier said no, he is not.
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Ms. Thomas said the five conditions did not mention VDOT and the drainage issue. Mr. Cilimberg
said the applicant has a commercial entrance requirement. Mr. Benish said the Board does not deal with
the waiver request. That is a Commission issue that will be dealt with during site plan review.
The motion was seconded by Mr. Martin. Roll was called, and the motion carried by the following
recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1. A site plan shall be submitted for review and approval;
2. All requirements from the Health Department shall be met prior to final site plan
approval;
3. Construction of the parking lot shall commence within twenty-four (24) months
October 2, 2002 (Regular Day Meeting)
(Page 41)
upon approval or this special use shall expire;
4. Approval is limited to a fifty-two (52) seat restaurant with full dinner hours
available (no limited seating) plus fourteen (14) guestrooms. At no time shall the
aggregate of guests of the Inn, the restaurant, and any special events on the
premises exceed two hundred (200) people or the number of people approved
by the Health Department, whichever is less; and
5. Hours of restaurant operation for the public, other than guests of the Inn, shall be
from 6:00 p.m. to 11:00 p.m.
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Agenda Item No. 23. SP-2002-036. Evergreen Church (Sign #15). Request to allow church in
accord w/Sec 10.2.2.35 of the Zoning Ord. TM 46, P 38C, contains 10.653 acs. Loc at 2481 Proffit Rd (Rt
649) N of Rt 819. Znd RA & w/in Airport Impact Area Overlay Dist & Proffit Historical Dist (listed on National
Register of Historic Places). Rivanna Dist. (Notice of this public hearing was published in the Daily
Progress on September 16 and September 23, 20023.)
Mr. Cilimberg said the request is to construct a church of 7984 square feet and associated parking
to accommodate approximately 300 members. There is an existing barn on the property which will be
retained. Access will be from a new driveway connected to Proffit Road with the existing driveway being
removed. There was a special use permit approved in 2000 for conversion of an existing building into a
church. That existing building was demolished, so as a result that special use permit no longer had validity.
This site will be served by private well and septic. The applicant provided verification on the last permit that
the parcel will have more than enough capacity to accommodate a primary and reserve drain field.
Mr. Cilimberg said the church serves the community, and there has been a church in the area for
some time. There will be retention and maintenance of the historic barn. There will be a safe entrance.
The pond on site will be available for stormwater detention. Staff and the Planning Commission (at its
meeting on September 3, 2002) recommended approval of this request subject to nine conditions.
At this time, Ms. Thomas opened the public hearing and asked the applicant to speak first.
Mr. Katurah Roelle was present for the applicant. He said the church unknowingly voided the
previous special permit when they tore down the building. The old church was in a little different location.
Now, in order to meet commercial setbacks, they flipped the building and parking lot to reverse sides of
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the property. It is actually a better situation. He offered to answer questions.
Mr. Martin asked about the issue of one-way circulation and parking on the site. Mr. Roelle said a
redesign of that has already been submitted to the County. It was the same parking lot approved the last
two times, but Engineering has now begun to apply city standards of circulation and movement since the
County does not have parking lot ordinances which address that issue.
With no one else from the public rising to speak, the public hearing was closed, and the matter
placed before the Board.
Motion was immediately offered by Mr. Martin, seconded by Mr. Rooker, to approve SP-2002-036,
subject to the nine conditions recommended by the Planning Commission. Roll was called, and the motion
carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1. This special use permit is for a church use only. Day care and other accessory uses
deemed to have major traffic impacts shall require an amendment to this special
use permit;
2. The church's improvements and the scale and location of the improvements shall
be developed in general accord with the conceptual plan entitled Minor Amendment
Plans for Evergreen Baptist Church dated 4/30/02 and revised 7/26/02;
3. Construction of the church shall be commenced within five (5) years of the date of
the Board of Supervisor's action or this special use permit shall expire;
4. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle
Zoning Ordinance, shall be maintained adjacent to residential uses, including Rural
Area zoned property;
5. Total church building square footage shall be limited to seven thousand nine
hundred eighty-four (7,984) gross square feet and have an assembly area for no
more than three hundred (300) seats;
6. The existing historic barn shall be documented in black and white photographs, with
negatives to be maintained by the Planning and Community Development. The
barn shall not be demolished. The barn shall be stabilized where necessary and
maintained by the creation of a routine cyclical maintenance plan. However, if the
barn is damaged by a natural event, such as a hurricane or tornado, to the extent
that it is a safety hazard as determined by the Building Official, the church reserves
the right to eliminate the safety hazard including, if necessary, demolition of the
barn;
October 2, 2002 (Regular Day Meeting)
(Page 42)
7. The applicant shall install screening shrubbery along the southern side of the
travelway and parking areas, which shall be reviewed and approved by the
Department of Planning and Community Development during the review of the final
site plan;
8. The existing entrance shall be removed entirely and its use shall be discontinued.
The subject area shall be reestablished in grass or landscaping; and
9. Subject to Virginia Department of Transportation approval, the applicant shall install
a commercial driveway and a one hundred (100) foot right turn lane with a one
hundred (100) foot taper as shown on the Concept Plans for SP-02-36 entitled
Minor Amendment Plans for Evergreen Baptist Church dated 4/30/02 and revised
7/26/02.
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Agenda Item No. 24. Water Supply, Discussion of.
Ms. Thomas said this item was added to the agenda at the last moment, and staff has responded
to the request.
Mr. Larry Tropea, Executive Director, Rivanna Water & Sewer Authority, said it is another terrible
day in Charlottesville. It is sunny and there is no rain. Today, the reservoirs are at 55.3 percent. That is an
improvement over the 53.1 percent last Thursday. The rainfall since then has increased the capacity in the
reservoirs which buys another weeks worth of rain. He said that a drought which has been four years in the
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making will not be solved by a week of rain. The reservoir levels are beginning to drop again. He said the
community has responded to the call to conserve water. The RWSA charts water demand on a daily basis.
They plot where the various restrictions have to come into play. They saw an instantaneous reaction to the
Phase I and then the Phase II restrictions. People have tightened their water budget and are using less
water. It is also encouraging to see some of the innovations and proactive leadership by some businesses.
The restaurant industry, in particular, went ahead and implemented some strategies which were beyond
what RWSA required. The hospitals rallied the same way, and significantly reduced their water usage.
Mr. Tropea said the water demand last week was 8.1 mgpd. He said that in August before the
Phase I restrictions went into effect, the demand was about 13.24 mgpd. In the 30 days since the Phase I
restrictions, the demand averaged about 10.4 mgpd. When the second series of water restrictions were
placed into effect, there was another 2.0 mgpd drop. While there is still more which needs to be done by
the residents, the community seems to be listening and reducing water use.
Mr. Tropea said in terms of the future, he wishes the view were more optimistic. The predictions
RWSA has received from the State are that the next 90 days will have less than normal amounts of
precipitation. That means the recharge in the reservoirs will not be what it should be. Higher than normal
amounts of rainfall are needed. Over the last four years, the area is about 38 inches short of rainfall. Most
of the recent storms have gone northward toward Culpeper, or diverted to the east and gone to Richmond.
Mr. Dorrier asked how many inches of rainfall would be needed to fill the reservoirs. Mr. Tropea
said it would take months of sustained rainfall. When thinking about groundwater, the last three winters
have been below normal in precipitation. It is during the winter period when the groundwater levels get built
up. Last year, the area received only 50 percent of what it should receive during the wintertime. There
needs to be a lot of snow this winter to bring groundwater back before the next spring season.
Mr. Tropea said he would like to mention the long-term water strategy of RWSA. There are two
elements which they are trying to move forward on now. One is the addition of a bladder on the South Fork
Rivanna Reservoir which will add four feet of water to the reservoir. That would bring a lot of water into
storage for the next drought. Right now, the soonest that capacity can be made available is 2006. The
engineering and the procurement of the bladder is not what takes that long, it is the needed governmental
approvals. From an engineering standpoint, RWSA already knows how to do it. A way needs to be found
to expedite governmental approvals. The other opportunity is for dredging. Right now there are some parts
of the South Fork Rivanna Reservoir which look like the Mojave Desert. That provides the opportunity to go
in and remove sediment. It would be much easier and cheaper to remove the sediment while the reservoir
is high and dry than when it is under ten feet of water. Also, the logistical problems with removing that
sediment become much easier the drier it is. This week RWSA engineers have been talking with a local
landowner about the possibility of accepting that material. There has been an on-site meeting with five
contractors to talk about the most efficient way to get that material out. By the end of this week, they should
have a strategy or a plan to tell how much material could be moved and what the cost would be. That is a
high priority.
Mr. Tropea said the RWSA has a doomsday strategy and plan which was developed internally.
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They have asked some outside experts to review it and provide more detailed costs. That report should be
available this coming Friday. He said the plan will be built around doing four things. First, taking advantage
of the inventory of water in Chris Greene Lake. Second, maximize the treated water production from the
North Rivanna Treatment Plant from 250,000 gallons up to 1.3+ million gallons. Improvements are being
made at the plant now to get to that number. Third, they have identified other impoundments, some of
which are not owned by RWSA. Fourth, when the reservoirs are at zero (defined as the usable water
supply capacity in the reservoir system), there will still be a heel of water in the SFRR that is below the fixed
water intake. The strategy would be to float a barge in the reservoir with temporary pumps and temporary
pipes to pump that water out. That water would be rough in quality and probably could not be treated at full
treatment capacity, but it would be wet.
October 2, 2002 (Regular Day Meeting)
(Page 43)
Mr. Rooker asked the quantity of that water. Mr. Tropea said in the SFRR it is 355.0 million gallons,
which is a 50-day supply. To do all of these things would be expensive and represents money which is not
budgeted at this time. He said RWSA water rates are going to have to increase significantly. Their budget
is based on producing a certain amount of water, and when water conservation works as all want it to work,
their revenues fall proportionately. They will be talking with the RWSA Board about how to fund their
needs. This is a tough situation, but he is confident they are doing all of the right things. Some of the things
they had to do are not popular, but they are the right things to protect the communitys water supply.
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Mr. Bowerman asked if there is a health problem associated with getting water from that heel.
Would it affect the fish life in the reservoir? Mr. Tropea said fish life all over this area is already stressed.
As the level in the reservoirs drops, whatever is present will be stressed. He does not think the SFRR
would be completely emptied. There would be some deep holes, and fish would be able to survive, but
there would be some dislocation.
Mr. Bowerman asked if there are any health concerns associated with using this water. If there
were a significant fish kill, would that cause a significant health problem for the community? Mr. Tropea
said they have not given that much thought, but do need to keep it in mind.
Mr. Martin asked if using water from Chris Greene Lake would take place before putting the
doomsday plan into effect. Mr. Tropea said RWSA will probably start drawing water from Chris Greene
Lake either this Friday or next Monday. They can only draw a maximum of 2.0 million gallons per day from
the Lake because that is the capacity of the treatment system. They might as well start the draw now and
save the water in the SFRR. However, there needs to be good engineering in order to make the pressures
work. They are confident it can be done.
Mr. Rooker asked if Chris Greene Lake is being replenished. Mr. Tropea said none of the
reservoirs are being replenished. With the recent rain, there was flow in some of the streams, but the upper
tributaries are all dry now. This will prove to be an historical drought for this area. The impacts from a
water supply standpoint all over Central Virginia are severe.
Mr. Rooker asked if there is a link between the groundwater situation and surface water. Mr.
Tropea said yes. He has said for a long time that there needs to be one comprehensive strategy that talks
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about surface water and groundwater, but also talks about stormwater. Stormwater is the one that is
commonly left out of the equation. The traditional solution to stormwater for engineers is to capture it and
get it as far away from the site as fast as possible. That kind of engineering logic needs to change. Ways
to capture stormwater and reinject it locally need to be found so it would help with groundwater recharge.
Mr. Rooker asked if there is a connection between the status of groundwater and the water that
flows into the reservoirs. Mr. Tropea said the reservoirs are replenished through three mechanisms;
precipitation, stream flow and groundwater, so the absence of groundwater affects the water supply.
Mr. Bill Brent, Executive Director, Albemarle County Service Authority, said he would like to reply to
a question in an E-mail from Mr. Rooker earlier. He said there is no place outside of this community to get
water. The community has to live within its resources. There has been mention in the news media about
Roanokes plight, but they did not mention that Roanoke can easily buy water from Roanoke County and
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Salem. He said the ACSA has recently taken several actions; it has increased rates, closed car washes,
and reopened the toilet rebate program. Interest in that program is keeping three temporary employees
busy.
Mr. Rooker said he had asked the capacities of the various reservoirs and the current status of
those reservoirs. He said the Board is receiving a daily report on the South Fork, but it does not get a
summary report on other reservoirs. Mr. Brent said the daily report is the sum of all reservoirs. Mr. Rooker
asked if the 55 percent figure includes Chris Greene. Mr. Brent said no. The urban system is supplied by
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three water treatment plants. The Observatory Mountain and the South Fork Treatment Plants are supplied
by the South Fork Rivanna, the Ragged Mountain and the Sugar Hollow reservoirs. The North Fork Plant at
Camelot is served just by the Rivanna River. The treatment plant capacity there is 2.0 mgpd, but the safe
yield of the river is a smaller amount, and that is why it needs to be augmented by water from Chris Greene
Lake. In a doomsday scenario, Ragged Mountain and Sugar Hollow would be drained first leaving the
South Fork Rivanna as the final reservoir. The South Rivanna system and the North Rivanna system are
two entirely different engineered and designed systems which were married when the RWSA was formed.
The North Rivanna system was developed by the County in the late 1960s and early 1970s to compete with
the City. They never did actually compete because the RWSA was formed, and the two systems were
merged. The North Rivanna system operates at a much higher pressure and is valved off near Airport
Road so the high pressure does not come back into the lower elevation urban system. With recent
improvements made in Forest Lakes, RWSA now has the means to bring that water through some
pressure-reducing stations in Forest Lakes back into the urban system.
Mr. Perkins asked the stream flow last week of the North Fork compared to the South Fork. Mr.
Tropea said the North Fork has been flowing. They have been able to withdraw about 250,000 gpd, and
there was just a minor amount of overflow above that amount. The South Fork Rivanna River has been
very dry. The Mechum River has been almost at zero flow.
Mr. Dorrier asked how the reservoirs dropped from 93.0 percent to 57.0 percent without even
stopping in the 70s. Mr. Tropea said these reservoirs were totally filled in June, 2002, except for a small
amount of Ragged Mountain. Then it stopped raining, and in August there were many days which reached
October 2, 2002 (Regular Day Meeting)
(Page 44)
over 90 degrees. There was no rainfall in August, and the capacity just fell straight down.
Mr. Bowerman asked how many million gallons of water are in the 50 percent capacity. Mr. Tropea
said there is a storage capacity of 1.676 billion gallons of water when the reservoirs are filled. As to the
capacity of the reservoirs, the South Fork Rivanna is 800.0 million gallons, Sugar Hollow is 360.0 million
gallons, and the Ragged Mountain Reservoirs are 516.0 million gallons.
Mr. Rooker asked if the Beaver Creek is included. Mr. Tropea said no. Separate records are
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kept for Beaver Creek and Totier Creek.
Mr. Rooker asked is there is the ability to draw on Beaver Creek for the urban system. Mr. Tropea
said yes. The capacity of that system is quite large, and it is part of the doomsday strategy. They would
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not take water to the extent that it would adversely affect Crozet. He said RWSA has looked at Lake
Albemarle, which they do not own, as an alternate water supply.
Mr. Perkins asked about the amount of water in Lickinghole Creek. Mr. Stephen Bowler said there
is some capacity there, but it is not a huge amount, and it would have to travel through the natural channel.
Mr. Tropea said that is one of the problems with any of these additional sources. The loss in trying to get
the water to the reservoir would be significant. They have looked at the idea of temporary piping to move
the water, but that is expensive.
Mr. Rooker asked how the capacity of Beaver Creek Lake compares to the SFRR. Mr. Tropea said
when you add in the ability it has to handle stormwater, it is a billion gallons of water, but it is not near that
level now because there has not been any stormwater recently.. It is probably down five feet from its
normal storage capacity.
Mr. Dorrier asked if new development has an impact on the water level. Mr. Brent said during the
past few years there have been about 550 new connections per year. Mr. Dorrier asked if that is
characterized as significant. Mr. Brent said not that much water is used in the building of a house. When
occupied, each household normally uses 5000 gallons per month.
Mr. Bowerman said he would like to know what the impact would be if new water connections were
not allowed. Mr. Brent said a certain number of people in the community move to a new house every year,
and the old house is sold. But, if new houses are not built, and people still come to the community from the
outside, where do they go? They can move into the glut of vacant apartments that now exist and use the
water there instead of in a new house.
Mr. Rooker asked the number of residential customers of the ACSA. Mr. Brent said there are
13,900. Mr. Rooker said 500 houses is about a 4.5 percent increase each year. Mr. Brent said a lot of that
has occurred in the Crozet area in the last few years.
Mr. Martin said there are only two ways to approach this. The ACSA has the ability to have a
moratorium on new hookups. The only moratorium this Board can propose would need the assistance of
the Governor. He said there are a lot of questions being asked.
Mr. Rooker asked how the ACSA Board feels about a possible moratorium on hookups. He knows
a motion was made last month, but did not pass. He asked if that will be brought up again. Mr. Brent said
he thinks the ACSA Board would like to know the sentiments of the Supervisors when making that kind of a
decision.
Mr. Dorrier asked if the ACSA can have a moratorium on hookups. Mr. Brent said the emergency
declaration that was adopted by the Supervisors last November set out a provision that the ACSA could
refuse to serve any building issued a building permit after the date of that declaration of emergency. For
the last few weeks, his staff has been stamping applications for building permits that service may not be
provided at the time applied for. That was an administrative decision.
Mr. Dorrier asked if the community is at the place where this should be imposed. How will that
decision be made? Mr. Brent said he cannot answer that question. There is a storm in the Gulf of Mexico
now, so he would be more comfortable answering that question in ten days.
(Note: Mr. Bowerman left the room at 4:46 p.m.)
Mr. Davis said Mr. Brent and staff request that a resolution be adopted declaring that a water supply
emergency exists for the Scottsville and Crozet service areas. When the resolution was adopted declaring
the emergency situation in November, 2001 it was only declared in the urban area. Now, as the drought
has continued, it is the consensus that the emergency is county wide.
Motion was offered by Mr. Martin, to adopt the following resolution declaring that an emergency
exists for all of the service areas of the public water system including Scottsville and Crozet. The motion
was seconded by Mr. Dorrier.
RESOLUTION
WHEREAS, a severe and sustained drought has created a water shortage in the
public water supply which serves the County of Albemarle and the City of Charlottesville;
and
October 2, 2002 (Regular Day Meeting)
(Page 45)
WHEREAS, the water levels of the reservoirs serving the area have continued to
decrease even after calls for voluntary conservation measures and implementation of
mandatory restrictions of water use in the urban service area; and
WHEREAS, Section 16-500 of the Albemarle County Code provides that should
the Board of Supervisors declare there to be an emergency in the County arising wholly
or substantially out of a shortage of water supply, then the Albemarle County Service
Authority and its Executive Director are authorized during the continuation of the water
emergency to order the restriction or prohibition of certain uses of the water supply as set
forth in the County Code; and
WHEREAS, the Albemarle County Service Authority has declared that a water
shortage emergency exists in Albemarle County for all its service areas and that it is
necessary to impose restrictions on water use; and
WHEREAS, the Board of Supervisors finds that the water supply emergency
declared by it on November 7, 2001, for the urban service area of Albemarle County
continues to be in effect; and
WHEREAS, the Board of Supervisors now finds that a water supply emergency
exists for all the service areas of the public water system, including the Scottsville and
Crozet service areas.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby declares that the emergency arising out of a shortage of water supply
continues in the urban service area of Albemarle County and further declares that an
emergency arising out of a shortage of water supply now exists in all service areas of the
County, including the Scottsville and Crozet service areas.
BE IT FURTHER RESOLVED that the Albemarle County Service Authority and
its Executive Director are authorized during the continuation of the water emergency to
implement mandatory restrictions on water usage within all of its service areas, as set
forth in Section 16.02 of the Albemarle County Service Authority's Rules and Regulations
and in Section 16-500 of the Albemarle County Code, when the Authority or its Executive
Director deem such restrictions are necessary.
Ms. Thomas asked that Mr. Brent explain why Totier Creek Reservoir is included. Mr. Brent said
Beaver Creek and Totier Creek are included because the entire resources of the community might be
needed for the benefit of the urban area at some point in the future.
Ms. Thomas asked for a call of the roll at this time. The motion carried by the following recorded
vote:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Dorrier and Mr. Martin.
NAYS: None.
ABSENT: Mr. Bowerman.
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Ms. Thomas said the Board passed the temporary emergency resolution. She asked when there
must be a public hearing and then adopt it more formally. Mr. Davis said there are two ordinances on the
Boards agenda for October 9. One deals with the ACSAs emergency powers, and a second deals with
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enforcement of the Governors Executive Order. (Note: Mr. Bowerman returned to the meeting at 4:48
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p.m.)
Ms. Thomas said she is curious about the toilet rebate program, and whether there have been
many requests for the program. Mr. Brent said the ACSA has begun to pay people for replacement
fixtures. The ACSA is picking up the old toilets and taking them to the landfill. It is occupying three people
full-time to answer the telephones. There is one full-time person working with businesses, and as of today,
the ACSA has received 20 percent of the business plans. The other 80 percent have eight more days to file
their plans. He said there are people who are frustrated, people who are angry, people who are
concerned, and people who want to help all get through this emergency situation.
Ms. Thomas asked what this Board can do to help the ACSA. Mr. Brent said the immediacy of the
situation may be over in two weeks, and then it might not be over next year. He cannot fathom the
consequences of stopping new construction. It would affect the whole community by impacting the families
who would be put out of work, and it would impact the economic viability of the community. It is a tough
decision for the ACSA Board and he believes would welcome some directions from this Board.
Mr. Dorrier asked if this decision could be put off for 30 days to see what happens with the weather.
Mr. Brent said if there are another 30 dry days, the decision will be easy.
Mr. Perkins said the Beaver Creek Reservoir never filled last winter. He asked if that was by
design. He understands that part of the problem was that water must be discharged in order to pump water
to the treatment plant. Was it just a lack of rainfall? Mr. Brent said it was the lack of rainfall. It was down
by 7.5 feet at one time, and high as three feet, but is now back down by five feet.
Mr. Perkins asked about the pumping system where water must be discharged into the creek. Mr.
October 2, 2002 (Regular Day Meeting)
(Page 46)
Tropea said the RWSA has now changed that practice. It just requires that their operator turn the valve so it
does not waste water as had been done in the past.
Mr. Perkins asked if there is discharge now from the South Fork Rivanna. Mr. Tropea said no.
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When it got down to 60 percent, all in-stream flow releases were cut off.
Ms. Thomas said she understands that by the time water in the Rivanna reaches Palmyra, 70
percent of it is from the Moores Creek Wastewater Treatment Plant. Mr. Tropea said at least two-thirds of
the flow in the Rivanna below the Reservoir is used downstream by other communities.
Mr. Rooker asked the prospect of pumping that water back up and reusing it. Mr. Tropea said that
is an option that has a lot of engineering merit. It faces some State Health Department concerns. He thinks
the State would approve something as long as it were in a natural stream for at least five miles so it went
through natural purification. They would not approve of any kind of direct reuse for anything shorter than
five miles of free travel in a stream. Staff has looked at ways to get the water back up stream and it would
be extremely expensive.
Mr. Rooker asked the cost. Mr. Tropea said the pipe rental charge was about $1.2 million, and that
is without putting the pipe into place. Then there were problems in the median because it was too wooded.
There will be more information on the feasibility of that on Friday. As a nation, more ways will be found to
use this kind of water. Fortunately, the Moores Creek effluent is very clean.
Ms. Thomas said the Board is getting questions from the public about the use of their private wells.
She said the legal advice has been that the Board would need a stronger proclamation from the Governor
in order to do anything. First, the Board would need to ask the Governor to make a stronger statement of
emergency. She asked if there is any interest among Board members to ask staff to begin work to make
such a request of the Governor.
Mr. Rooker said the Board does not have the authority to issue a moratorium on certificates of
occupancy without petitioning the Governor first and having him declare a state of emergency in Albemarle
County. He asked if that is what Mr. Davis had advised the Board.
Mr. Davis said the Board would have to petition the Governor to declare a local emergency in
Albemarle County for a water resource shortage. In that petition, he could be requested to empower the
County to take whatever measures it felt to be necessary to address the emergency.
Ms. Thomas said if the Board asked staff to get ready to send such a request, can staff do this work
along with everything else they have to do? Mr. Tucker said staff would have to talk first about what short of
data would be required. He thinks staff has the information needed to make a request. He does not know
how much additional time it might take.
Mr. Rooker said he thinks the Board should petition the Governor and start the process. There is
no way of knowing when there will be any significant rainfall. The State Climatologist has predicted that it
will be a dry winter, and then said If we get another dry winter across most of the state, by the time the
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growing season gets here next year, this years drought will seem like a picnic. He thinks it would be
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prudent to get ready to take whatever actions may need to be taken to protect the publics water supply.
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Mr. Davis suggested that the Board direct staff to contact Mr. Paylor, the States water czar. He
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said from the conversation today, it is not something the Board wants to overreact to in the next 15 days.
Staff can provide information as to what it entails, what the prospects are of the Governor entertaining it,
and get that information to the Board as soon as possible.
Mr. Rooker said he would like for the Board to petition the Governor. The Board may not get the
authority, but it cant hurt to go ahead and petition for the authority.
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Mr. Bowerman asked if this pertains to just the rural area, or also to the urban area. Mr. Rooker
said he thinks the authority would apply throughout the County. Mr. Davis said the specific authority the
County lacks is to regulate groundwater and individual wells. For the public water system, under the
emergency authority the Board has under Section 15.2-924, the ACSA has broad authority to make water
restrictions including not issuing water connections. Where the County lacks enabling authority, is in regard
to groundwater. He is not sure it is something the Board has to be able to deal with in an emergency
fashion within the next 30 days.
Mr. Rooker said the ACSA has the authority to not grant new connections, but the authority the
Board might obtain from the Governor might extend to wells and enable the Board to have authority in the
way of special permits and Certificates of Occupancy in the urban area. He thinks the Board should petition
in a broad fashion based on an area-wide water emergency. He does not think the Board should wait 30
days to the file something with the Governors Office.
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Ms. Thomas said Mr. Paylor has already been alerted to this request. He was in town last Friday,
and he was told the locality would like to have more authority.
Mr. Dorrier said it is a little bit misleading to file a petition with the Governor asking for authority to
place a moratorium, but not implement it. He thinks that if the Board petitions the Governor, it implies the
Board will implement whatever authority he grants.
October 2, 2002 (Regular Day Meeting)
(Page 47)
Mr. Rooker said the Board does not know how long the process will take. That is bothersome.
Mr. Dorrier said he thinks it will depend on how the request is worded.
Ms. Thomas asked if staff could have something ready for the Board to review at its next meeting.
Mr. Tucker said staff will do what it can do, and he can E-mail something to Board members before that
meeting.
Mr. Martin said that whatever this Board requests should have some connection to whatever the
ACSA decides it is going to do.
Ms. Thomas asked if this Board should take some action to mirror what the ACSA has done to alert
people who are getting building permits that they may not be allowed a hookup. She does not want anyone
to be surprised. She asked if the County can alert people who are just starting through the process. Mr.
Tucker said he believes staff can do that. Mr. Davis said that would be prudent.
Ms. Thomas asked if any action is needed by the Board. Mr. Davis said if it is the consensus of the
Board, it will be done.
__________
Ms. Thomas said she will interrupt the meeting at this time. Mr. Martin has served as a member of
the Board of Supervisors for ten years now. To recognize that fact, the Board members want to present
him with a certificate that announces that he has put in loyal, diligent and outstanding service since January
1, 1992. Mr. Martin thanked the Board members for the certificate.
(Note: Mr. Martin left the meeting at 5:10 p.m.)
__________
Mr. Bowerman asked if concerning the denying of additional hookups, Mr. Brent said he would
prefer that no recommendation be made to the ACSA Board for another ten days. Mr. Brent said if the
Supervisors are of a common mind now, he would like to hear their thoughts. If the Supervisors still have
reservations about making that decision and would rather look at the weather patterns for the next ten days,
that would be fine.
Mr. Bowerman said this Board cannot make policy by just looking at the ten-day weather forecast.
This is exactly where this Board was three months ago when the ACSA Board asked that the emergency
resolution be rescinded. Mr. Tucker said it is the ACSAs decision as to when to implement the resolution.
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It was the consensus of the Board members that they will individually speak with their representatives on the
ACSA Board of Directors in terms of how to proceed in making decisions regarding water restrictions.
_______________
Agenda Item No. 25. VACO Voting Credentials for Annual Business Meeting.
Ms. Thomas said the Board needs to appoint a voting delegate and an alternate for the Annual
Meeting of VACO.
Motion was offered by Mr. Rooker to appoint Ms. Thomas as the voting delegate, and Mr. Perkins
as the alternate for the 2002 Annual Business Meeting of the Virginia Association of Counties to be held on
Tuesday, November 12, 2002, at the Homestead in Bath County. The motion was seconded by Mr.
Dorrier. Roll was called, and the motion carried by the recorded vote which follows:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Martin.
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Agenda Item No. 26. From the Board: Matters Not Listed on the Agenda.
Ms. Thomas asked that the minutes of February 6, 2002, pages 1-27 (end with Item #12) be
approved as presented. Motion to this effect was offered by Mr. Rooker and seconded by Mr. Bowerman.
Roll was called, and the motion carried by the recorded vote which follows:
AYES: Mr. Perkins, Mr. Rooker, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Martin.
__________
Mr. Dorrier noted that the Board had received a letter talking about the Boy Scouts and the $100
fee they must pay for rental of property. Mr. Davis said it is actually a fee paid to the County for a permit,
and there is no exemption allowed, but the Board could make a donation to the Boy Scouts. Mr. Tucker
said the Board receives this same request every year. It was the consensus of the Board members present
October 2, 2002 (Regular Day Meeting)
(Page 48)
not to start making donations.
__________
Mr. Tucker asked if the Board has any interest in the County also providing a rebate on the low-flow
toilets as the City and the ACSA have done. There have been a lot of calls asking for the rebate in areas
outside of the public service areas. Mr. Bowerman said he thinks there would first need to be a
determination of what this might cost. Mr. Tucker said there would be a lot of administrative issues to deal
with. Mr. Bowerman said the Board has discussed putting water less urinals in the County Office Building,
so the Board needs to do whatever is necessary. The Board should at least have some information to
discuss.
__________
Ms. Thomas said the Countys sister city in Washington County would like to send Albemarle an
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eight to twelve-foot height Christmas tree for the County Office Building. She has discussed this with Mr.
Tucker. She remembers that the Board went to court at one time about a creche. Mr. Bowerman said the
Board lost that case. Mr. Dorrier said he thinks it is a nice offer, but is too much trouble in the long run and
is too controversial.
__________
Ms. Thomas said Bike- the-Work day is Friday if anyone wants to appear at City Hall at 8:00 a.m.
A
with a bicycle. Word from the State Air Quality Control Board subcommittee looking at new containment
areas is that the EPA refers to the Charlottesville area as the next area which will need an ozone monitor.
Mr. Rooker said this also has a significant impact on transportation planning.
__________
Ms. Thomas said the Architecture Institute of America, local chapter, gives an award every year to
two outstanding people. One is a citizen who has been involved in architecture type land-use projects, and
the other is an architect who has done a lot of community service. She is a member of their selection
committee, so would like to receive suggestions about this award.
__________
Ms. Thomas said the Lewis and Clark Bicentennial, which begins in January 2003, will bring
thousands of visitors to this community. There is concern about what to do with all the private properties
which are connected with Lewis and Clark. Ms. Lee Catlin, people at the University, at Monticello and
property owners are involved in putting together a video which they hope will provide an alternative to having
people peering in their windows.
__________
Ms. Thomas said she went to the Albemarle Sustainable Population meeting last Saturday.
__________
Ms. Thomas said Senator Ed Houck wants the Board to comment on his suggestion that the State
cut the amount of the car tax being returned to the localities and turn the car tax back over to the localities.
She suggested that Finance Department staff determine what the impact would be. She said if the County
started collecting the car tax again, it would create a terrible backlash. She thinks the Board should make
some response to Senator Houck. If this Board does not respond it will seem as if nobody cares about his
suggestion.
__________
Ms. Thomas said the Governor is interested in any budget cutting advice localities can provide.
__________
Ms. Thomas said the High Growth Coalition met for two days recently. It decided that its highest
priorities this year impact fees and adequate public facilities legislation. Of course, their highest desire is
that no local powers be taken away.
_______________
Agenda Item No. 27. Adjourn. At 5:23 p.m., with no further business to come before the Board,
the meeting was adjourned.
________________________________________
Chairman
Approved by the
Board of County
Supervisors
Date: 02/12/2003
Initials: EWC