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2003-04-02April 2, 2003 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 2, 2003, at 9:00 a.m., Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman (arrived at 9:07 a.m.), Mr. Lindsay G. Dorrier, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins (arrived at 2:00 p.m.), 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 9:00 a.m., by the Chairman, Mr. Dorrier. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Mr. Dorrier asked that the people present remember the American servicemen in Iraq. Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Rooker, seconded by Ms. Thomas, to approve Items 5.1 through 5.8a, and to accept the remaining items on the Consent Agenda for information. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins and Mr. Bowerman. Item 5.1. Approval of Minutes: January 15 (A), and February 12, 2003. Mr. Dorrier said he had read the minutes of February 12, 2003, and found them to be in order. By the recorded vote set out above, the minutes of February 12 were approved as presented. The other minutes will go forward to the next meeting for approval. Item 5.2. Proclamation recognizing April, 2003 as Child Abuse Prevention Month. By the recorded vote set out above, the following proclamation was approved: CHILD ABUSE PREVENTION MONTH WHEREAS, the month of April is recognized as Child Abuse Prevention Month in the Commonwealth of Virginia and across the United States; and WHEREAS, during Fiscal Year 2001-2002, 366 qualifying reports of suspected child abuse and/or neglect were investigated or assessed in the County of Albemarle; and WHEREAS, physical abuse and neglect, sexual abuse, medical neglect, and emotional abuse and neglect, lead to long-term outcomes for children such as developmental delay, mental and emotional disorders, antisocial and criminal behavior, childhood pregnancy, truancy and academic failure, alcohol and drug abuse, and suicide; and WHEREAS, the County of Albemarle faces a continuing need to support innovative programs to prevent child abuse and to assist family members when child abuse occurs; and WHEREAS, in Albemarle there are dedicated individuals and organizations who work daily to counter the problem of child abuse and neglect and to provide parents with the assistance they need; and WHEREAS, all children deserve freedom from verbal abuse, sexual abuse, physical abuse and neglect, and emotional abuse and neglect; and WHEREAS, children deserve to have BLUE RIBBON DAYS, including loving hugs, warm homes, tender care, parents and adults who listen and who promote self-esteem, give quality time, provide necessary food, shelter, clothing, and medical attention; and WHEREAS, it is vital that we join forces to reach out to parents and children to prevent recurrence of child abuse and neglect; and April 2, 2003 (Regular Day Meeting) (Page 2) WHEREAS, it is indeed appropriate and fitting to focus attention upon the problem of child abuse and neglect in the Commonwealth of Virginia and in the County of Albemarle; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., on behalf of the Albemarle Board of County Supervisors, do hereby proclaim the month of April 2003, as CHILD ABUSE PREVENTION MONTH in the County of Albemarle, and do call upon our citizens to observe the month with appropriate programs, blue ribbons and other activities. (Discussion: Mr. Dorrier read the proclamation into the record and then presented same to Ms. Judy Randall from the Albemarle Social Services Department.) Item 5.3. Proclamation recognizing April, 2003 as Fair Housing Month. By the recorded vote set out above, the proclamation was approved. Mr. Dorrier read the proclamation into the record and then presented same to Mr. Ron White, Housing Director. Mr. White said the County is fortunate to work with its non-profit partners, and its for-profit partners in the real estate industry. He said their office does not get a lot of fair housing complaints. (Note: Mr. Bowerman arrived at 9:07 a.m.) Fair housing month is used to educate people on fair housing issues. He said this area is fortunate not to have some of the discriminatory practices and issues seen in other parts of the country.) FAIR HOUSING MONTH WHEREAS, April, 2003, marks the thirty-fifth anniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans; and WHEREAS, the ongoing struggle for dignity and housing opportunity for all is not the exclusive province of the Federal government; and WHEREAS, vigorous local efforts to combat discrimination can be as effective, if not more so, than Federal efforts; and WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, diminish the rights of all; NOW, THEREFORE, BE IT RESOLVED, that in the pursuit of the shared goal and responsibility of providing equal housing opportunities for all men and women, the Board of County Supervisors of Albemarle County, Virginia, does hereby join in the national celebration by proclaiming APRIL, 2003 as FAIR HOUSING MONTH and encourages all agencies, institutions and individuals, public and private, in Albemarle County to abide by the letter and the spirit of the Fair Housing law. Item 5.4. Proclamation recognizing May 3, 2003, as Albemarle County Farm Tour Day. By the recorded vote set out above, the proclamation was approved. ALBEMARLE COUNTY FARM TOUR DAY MAY 3, 2003 WHEREAS, the Comprehensive Plan gives highest priority to agriculture and forestry as a land use in the Rural Area; and WHEREAS, the citizens of Albemarle County in the 2002 Albemarle County Planning Survey rated "preserving natural resources and open space" and "preserving farmland and forested land" as the sixth and seventh most important goals out of a series of twenty goals for the strategic plan; and WHEREAS, Albemarle County is among the top 26 counties in Virginia for the market value of agricultural products sold; and WHEREAS, it is the land resource which provides the true value of agriculture and forestry to this community, with related benefits of open space for cleaner air, April 2, 2003 (Regular Day Meeting) (Page 3) watershed protection, and wildlife habitat, scenic, rural and historic landscapes which encourage tourism; and quality of life for all residents; and WHEREAS, maintaining agriculture and forestry also enables the County to grow at a measured and deliberate pace, and to better plan for services; and WHEREAS, the loss of the agricultural and forestal resource base would permanently damage the County's economic base and natural environment; and WHEREAS, the Agricultural and Forestal Industries Support Committee recommended that educational programs be developed for the public, such as: * improving both the County officials' and the general public's understanding of agriculture; * promoting appreciation of the rural area by the community, and emphasizing the importance of agricultural and forestal lands to them; * supporting agricultural education in the classroom, and implementing a farm day for school children; and * implementing an educational tour of County farms for the general public, County officials and decision-making staff; and WHEREAS, the future of agriculture and forestry in Albemarle County depends on the actions of the farm and forest owners, but also on the support of elected officials and other citizens; NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby proclaim May 3, 2003 as ALBEMARLE COUNTY FARM TOUR DAY and commend the Albemarle Farm Bureau and the Piedmont Environmental Council for helping to educate the citizens about the importance of farming to our community. (Discussion: Mr. Dorrier read from the proclamation and presented same to Ms. Marcia Joseph. Ms. Joseph accepted the proclamation on behalf of Albemarle County and the Piedmont Environmental Council. She reminded the Board that the County's rural area lands are more than dormant lands just waiting to sprout subdivisions. She noted that two farm operations would be open to the public: Mount Air Farm and White Hall Vineyards. She then read some statistics concerning farming in the County.) Item 5.5. Proclamation recognizing May 10 through May 16, 2003, as National Police Memorial Week. No one was present to accept the proclamation so Mr. Dorrier suggested holding it until May. Item 5.6. Authorize County Executive to execute Service Agreement with Scottsville Volunteer Rescue Squad, Inc. It was noted in the staff's report that Albemarle County has a revolving fund used by the ten volunteer fire and rescue companies in the County. This fund, currently funded at two million dollars, provides the volunteer companies a means of acquiring needed firefighting and rescue squad equipment and buildings, interest free, with repayments being deducted from their annual County appropriation. Requests for disbursements from the fund are monitored and approved by Albemarle County Fire Rescue Advisory Board (ACFRAB). The current amount available in the revolving fund is $227,551.33. Scottsville Volunteer Rescue Squad has requested, through ACFRAB, an advance of $63,228.40 to be used to replace the chassis of Ambulance 705. Scottsville Rescue has executed the standard service agreement approved by the County Attorney's office. The Board can disburse this advance upon approval of this agreement. Repayment of the allocation will be over an eight-year period starting in FY 03-04. Staff recommended authorizing the County Executive to execute the attached Service Agreement. By the recorded vote set out above, the County Executive was authorized to execute a Service Agreement with the Scottsville Volunteer Rescue Squad, Inc., as follows: SERVICE AGREEMENT THIS AGREEMENT, made this __ day of __, 2003, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD, INC., a Virginia Corporation, (the April 2, 2003 (Regular Day Meeting) (Page 4) "Rescue Squad"). WHEREAS, the Rescue Squad agrees to continue to provide valuable rescue squad services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Communications Center ("Service Area"); and WHEREAS, the Rescue Squad desires the County to contribute Sixty-three Thousand Two Hundred Twenty-eight and 40/100 Dollars ($63,228.40) to replace the chassis of Ambulance 705 necessary to provide rescue squad services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Rescue Squad agree, as follows: The County shall contribute to the Rescue Squad Sixty-three Thousand Two Hundred Twenty-eight and 40/100 Dollars ($63,228.40) to be used to replace the chassis of Ambulance 705. The funds shall be allocated from the County's Fire Fund ("Fund") and shall be made available upon execution of this agreement. The Rescue Squad agrees that the County will withhold Seven Thousand Nine Hundred Three and 55/100 Dollars ($7,903.55) from the County's annual appropriation to the Rescue Squad's operating budget beginning July, 2003 through July, 2010. Thus at the end of eight (8) years, which is the term of this Agreement, a total of $63,228.40 shall be withheld. This withholding may be used by the County to replenish the Fund for so long as the County, at its discretion, continues such Fund. This withholding is in addition to the withholding for all prior advances under the prior service agreements with the Rescue Squad dated August 24, 2000, November 16, 1998, and May 15, 1996 (and its Addendum dated August 14, 1996). The Rescue Squad agrees that any amount of this repayment that may exceed the County's annual appropriation will be remitted to the County no later than July 31 of each repayment year. The Rescue Squad agrees that the Sixty-three Thousand Two Hundred Twenty-eight and 40/100 Dollars ($63,228.40) contribution shall be used only for the purchase of a new chassis for Ambulance 705 to be used to provide rescue squad services in Albemarle County. The Rescue Squad further agrees that it shall not convey Ambulance 705 or any interest therein to any party other than the County without the County's prior written consent during the useful life of the ambulance or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of the ambulance shall be ten years from the date it is placed into service after the chassis has been replaced. In addition, the Rescue Squad agrees that any insurance proceeds received from a claim related to any damage to the ambulance after the chassis has been replaced shall be used entirely for the immediate repair and improvement of the ambulance unless the County expressly authorizes in writing a different use for such funds. The Rescue Squad agrees that at such time as it no longer provides volunteer rescue squad services in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in Ambulance 705 to the County at no additional cost to the County upon the County's request. The County and Rescue Squad agree that the covenants set forth in their prior agreements dated August 24, 2000, November 16, 1998, and May 15, 1996 (and its Addendum dated August 14, 1996), to the extent they are not in conflict with this Agreement, shall remain in full force and effect. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Rescue Squad, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Rescue Squad. Item 5.7. Request to set a public hearing to amend the service area of the Albemarle County Service Authority (ACSA) for water and sewer service to Tax Map 56, Parcel 87 (Mass Enterprises, Inc.). It was noted in the staff's report that the applicant is requesting ACSA jurisdictional area designation for water and sewer service to a 3.93-acre lot located on the south side of Three Notch'd Road (Route 240), approximately 600 feet west of the entrance to Western Ridge. The property is located within the designated Crozet Development Area, in the White Hall Magisterial District. Parcel 87 is currently the site of a trucking business consisting of three buildings and has a zoning designation of Light Industrial, L-I. The current ACSA designation is for water to existing structures only. The adjacent parcels to the west and east of this site are both designated for public water and sewer service. There was a preliminary site plan (SDP-2002-098, Crozet Mini Storage) submitted in September 2002 requesting approval to construct 17,475 square feet of self-storage buildings on the site. The April 2, 2003 (Regular Day Meeting) (Page 5) preliminary site plan was deferred indefinitely to address several issues, one of them being ACSA jurisdictional area approval for water and sewer service. As a general policy, staff has advised that public utility capacity should be reserved to support development of designated Development Areas. This request is consistent with public utility policy of the Comprehensive Plan. Since this property is located within a designated Development Area, the provision of both water and sewer service to the property would be consistent with the Comprehensive Plan public utility policy. Therefore, staff recommends that the Board proceed to public hearing to consider providing public water and sewer service to Tax Map 56, Parcel 87. By the recorded vote set out above, the Board ordered a public hearing advertised for May 7, 2003, on this request. Item 5.8. Mountainside Senior Assisted-Living Center - funding request for operational support. It was noted in the staff's report that Mountainside Senior Assisted Living Center, formally known as Windham, is an assisted-living facility in Crozet. Mountainside provides assisted-living housing to 102 residents, including 28 Region Ten clients. In 2002, Windham changed hands, and Jefferson Area Board for Aging (JABA) began to manage the facility as a limited partner. In January 2002, the County of Albemarle provided a grant of $177,617 to assist Mountainside during their transition phase as they worked to become self-supporting. Funding requested by JABA at that time was to subsidize 30 County Auxiliary Grant recipients who lived at the facility until the private-pay residents began to offset the costs. At that time, the thought was that a one-time grant of $177,617 would net out to be a $17,600 subsidy over a ten-year period. Prior to its closing in 1998, the County supported elderly housing at the District Home in Waynesboro for County residents by providing an annual subsidy of $30,000 to $40,000 per year. Due to unanticipated expenses that were not disclosed by the previous owner, as well as a delay in having the facility ready to accept private-pay clients, Mr. Gordon Walker, the Executive Director of JABA, submitted a letter to all Albemarle County Board members and the City of Charlottesville on March 24, requesting additional funding for the Mountainside Center. Mr. Walker indicated that until the Center achieves an appropriate ratio of auxiliary grant residents and private-pay residents, they would need to find additional funding to operate the Center. JABA has lost over $100,000 in state funds, and their Federal funding is flat. To keep Mountainside's financial condition viable, JABA has set a short-term fund-raising goal of $225,000 for Mountainside to be raised or pledged by April 21. To date, JABA has received a $75,000 challenge grant to be matched with other funds. To meet the challenge grant, JABA is requesting $12,500 from the County of Albemarle and from the City of Charlottesville for each of the fiscal years 2004, 2005 and 2006 for a total of $37,500 from the County and $37,500 from the City. Mr. Walker states that the center provides private-pay rates considerably below market, thus providing affordable assisted-living to persons of moderate income who cannot afford market place prices. JABA has encouraged the Board to tour the facility and learn more about the improvements that have taken place and will be completed in the future. The City of Charlottesville's City Council will also be considering JABA's request. Should the Board wish to support funding for the Mountainside project, staff will add $12,500 as a new initiative in the Board's FY '04 proposed budget using some of the Board=s remaining contingency funds. By the recorded vote set out above, the Board supported funding for the Mountainside project, adding $12,500 as a new initiative in the Board's FY '04 proposed budget using some of the remaining Board Contingency Funds. Item 5.8a. West Leigh Drive - VDOT Rural Addition Project Waterline Relocation. It was noted on February 13, 1997, that CSX notified the West Leigh Homeowners that the West Leigh private railroad crossing would be closed unless it was signalized and licensed with either all costs/annual fees paid by the neighborhood, or the road taken into the public highway system. The Board of Supervisors recognized the importance and the need to preserve this vital transportation link. In response, on October 6, 1999, the Board requested that VDOT accept and improve a 0.4-mile portion of West Leigh Drive (from Route 250 to Leigh Way) through the "Rural Additions Program." The Commonwealth Transportation Board accepted this street on December 6, 1999. VDOT awarded a contract on March 3, 2003, for the road improvements including the replacement of an existing and badly deteriorated 72-inch metal culvert pipe at Little Ivy Creek. Prior to commencing construction, the contractor informed VDOT that an existing 12-inch diameter waterline would need to be relocated before the culvert could be replaced. VDoT's "Rural Addition" policy specifically excludes the use of "Rural Addition" funds for waterline and other utility relocations. Therefore, VDOT notified the Department of Engineering & Public Works that the waterline relocation would need to be funded and contracted separately by the County and/or Albemarle County Service Authority. Recent flooding of Little Ivy Creek collapsed the deteriorated culvert and washed out the stream April 2, 2003 (Regular Day Meeting) (Page 6) crossing. This portion of West Leigh Drive, a vital transportation link for the community, is now closed to traffic until the waterline is relocated and the new stream crossing is constructed. The Contractor's $48,000 waterline relocation estimate differs from the ACSA estimate of $36,000. The difference is the result of the Contractor changing the location of the temporary stream diversion that is necessary to install the new stream crossing. The portion of this cost attributable to the waterline (if any) will need to be negotiated with the Contractor. The Department of Engineering & Public Works has reviewed the Capital Improvements budget and identified that funds may be transferred from the "Ivy Landfill" CIP account and appropriated to this project to cover the waterline relocation cost. Mr. Bill Brent (ACSA) has agreed, in principle, to reimburse the County 50 percent of the waterline relocation cost. However, this will require ACSA Board authorization. Staff recommends that the Board authorize the transfer and emergency appropriation of $45,000 from the referenced account for this project. By the recorded vote set out above, the Board authorized the transfer and appropriation of $45,000 from Account #1-9010-41000-700006 for this project. Item 5.9. Update on Neighborhood Model Implementation. It was noted in the staff's report that the Board originally reviewed the status of the implementation activities at its August 7, 2002, meeting. Since the Board reviewed this project's status in October, work has progressed on a number of tasks necessary to implement the Neighborhood Model. Other tasks have been reassessed and adjusted based on other project workload responsibilities and activities necessary to accomplish the tasks. Review of overall facility and individual service objectives is underway with the Planning Commission. The Commission's expected completion has been delayed by approximately three weeks, primarily due to weather conditions that necessitated postponing a Commission work session and some internal agency meetings. As to Volume 2 Subdivision Ordinance changes, staff development should be completed by the end of the month. This was delayed by about two weeks to allow for staff/county attorney work in finalizing code changes. The Board adopted the Neighborhood Model Zoning District on Wednesday, March 19. There was a delay of one month due to Board decisions to have DISC II review the ordinance proposals and comments from outside groups. While this, in turn, caused delay for staff working on Volume 2 Zoning Ordinance Changes, it did yield significant agreement on Neighborhood Model Zoning District ordinance modifications. For Volume 2 Zoning Ordinance changes, staff development and overall completion was delayed by about eight weeks due to staff involvement in additional work with the Neighborhood Model District and the parking ordinance changes, additional County Attorney work, more complicated considerations that arose as a result of detailed review of the existing ordinance provisions and the illness and death in the family experienced by a key staff member. Work continues with VDOT on local application of subdivision street standards more consistent with the Neighborhood Model. Of particular significance, Mr. Mark Graham, Director of Engineering and Public Works, has been appointed to a statewide committee reviewing these standards. For the Crozet Master Plan, weather delayed the community design day by several weeks, but the overall schedule is still on track. Parks and Recreation Facilities. At the recommendation of Mr. Pat Mullaney, Director of Parks and Recreation, the schedule was changed to take advantage of the consultant hired initially to evaluate the need for an urban gym and to do a more general review of parks and recreation needs and standards. Since the urban gym is being delayed in the CIP, and given the importance of this issue to Neighborhood Model implementation, the contract with the consultant will be modified to focus more on addressing new standards for park/recreation facilities and methods for developing them consistent with the Neighborhood Model principles. Overall delay in completion is approximately ten months. Affordable Housing. The Affordable Housing Policy Comprehensive Plan amendment was delayed by about two months, as the Housing Committee was not prepared to vote in January and decided to delay any decision until February. There was not a quorum at the February meeting and those attending used that time as a work session to do some final revisions. The Housing Committee approved the final draft of the proposal on March 12. Rural Areas Review. The review of the Comprehensive Plan Rural Areas section was previously adjusted by two months to allow for the Board's reconsideration of the Mountain Overlay District. Completion was projected to be in November 2003 instead of September 2003 based on an anticipated Board decision on the Mountain Overlay District in April 2003. Since then, public meetings associated with the Rural Area review were delayed by weather and the joint Planning Commission/Board of Supervisors' meeting was not held until March. The Board previously adjusted the overall schedule to allow for the April 2, 2003 (Regular Day Meeting) (Page 7) Mountain Overlay District review so it was not affected. However, recent decisions by the Board to consider further work on the Mountain Overlay District with the assistance of a committee could have some additional impact on the Rural Area review schedule. This will need to be evaluated as part of the Board's final decisions regarding the forthcoming Mountain Overlay District work. This report was provided for the Board's information. Item 5.10. Copy of draft Planning Commission minutes for March 4, 2003, was received for information. Item 5.11. Charlottesville VDOT Residency Monthly Report, April 2003, was removed from the agenda. Item 5.12. Copy of resolution adopted by the Greene County Board of Supervisors, re: Route 29 Corridor. The resolution requested that the Albemarle Board of Supervisors address the serious need for traffic improvements related to the Route 29 corridor prior to their approval of any large-scale development utilizing this corridor. This resolution was received as information. Agenda Item No. 5a. Presentation: Housing Resolutions. Mr. Dorrier read the CAAR resolution into the record and then presented same to Ms. Carol Clarke, President of the Virginia Association of Realtors. The resolution read: On behalf of the citizens and the Board of Supervisors of Albemarle County, we would like to recognize those individuals that support fair and affordable housing for all. It is our pleasure to recognize the Charlottesville Area Association of Realtors (CAAR) The 800-plus members of CAAR have set high standards for themselves by adopting and adhering to a strong Code of Ethics. The leadership and membership of CAAR is committed to coalition building to improve the quality of life in the area through the provision of affordable "Housing for Everyone." CAAR provides homeownership education to prepare families for home purchase and increase the success of those families in maintaining their homes. The Albemarle County Board of Supervisors is please to recognize and honor the members of CAAR for their efforts in promoting opportunities for fair and affordable housing and for taking a leadership role at the state and national levels. Ms. Clarke said it has been a privilege for her to represent the realtors and work for affordable housing. She thanked the Board for its present and future help in this regard. Agenda Item No. 4. From the Public: Matters Not Listed on the Agenda. Mr. Tom Loach said he was not able to find the $9.0+ million cost of the land use program in the proposed budget. He thinks it was probably buried so no one would see it. It was also not included as part of the budget discussion. In the C'ville Weekly this week, Richard Wood, Deputy County Assessor, said that almost all people getting the tax break have other sources of income and either farm part-time or recreationally. The article said Mr. Wood defended the program even though it gives a tax break to people who don't need it. Mr. Loach said he, personally, does not want to continue to subsidize the wealthy. He challenges any member of the administration or the Board to provide the taxpayers with documentation specific to the land use program that shows a positive return on investment from the land use program. He thinks that most land sold in the rural area in the last year was in the land use program for more than five years. That means the land was lost to development when sold, and also cost the taxpayers a significant amount of money. He said that for those in the growth areas, particularly in Crozet where the master plan is being finalized and comes with a significant price tag, if the County has enough money to give significant tax breaks to the wealthy, it certainly must have the funds to meet the needs of the average citizen. To not fund the necessary infrastructure would indicate that the Board is willing to subsidize the part-time and recreational farmers at the financial expense of growth area residents, and is also willing to do it at the quality of life of growth area residents April 2, 2003 (Regular Day Meeting) (Page 8) Agenda Item No. 6a. Transportation Matters: Six-Year Secondary Road Plan, Work Session continued from March 5, 2003. Mr. Benish said the Board held a work session on the proposed Six-Year Secondary Road Priority List on March 5, 2003. A major focus of the discussion was on the unpaved road portion of the list, which had been reprioritized with an emphasis on giving roads eligible for the Rural Rustic Road program higher priority. The Board discussed whether or not rural rustic road eligibility should be a high priority because it may conflict with the County's Rural Areas objectives and because it significantly changed the priority of projects from the previously approved plan. Also of concern was the significant change to project priorities that were committed to in previously adopted plans. One item to note is that the Rustic Road process does not require full dedication of right-of-way from adjacent property owners. Full right-of-way dedication has been used as a way to insure citizen acceptance of a proposed project. Mr. Benish said the Board requested staff to consider requests from the Schools as a criterion when ranking road projects. Staff has had in place a standard process of requesting a list of projects from Fire/Rescue agencies, the Town of Scottsville, and the School's Transportation Division each year to consider during the Six-Year Secondary Road discussion with the public, Planning Commission and Board of Supervisors. Although staff gives projects from the Schools special attention when ranking projects, they are not included as a specific criterion in the rating system used by staff. Mr. Benish said staff revised its recommendation for the unpaved roads portion of the Priority List. Those priorities are now based on the Priority List adopted by the Board last year. It does not give any priority to projects eligible for rural rustic roads. It adds new projects to the list and prioritizes those projects based on the Board's current criteria. This new priority list includes several unpaved roads (Gilbert Station Road, Heards Mountain Road, Beam Road, Woods Edge Road and Doctors Crossing Road) that are already in the six-year funding cycle and meet rural rustic road criteria. This will give the County an opportunity to implement a few rural rustic road projects and monitor the program before making a significant commitment to it in the planning process. Mr. Benish said the Board had asked for a comparative listing of priorities, specifically for unpaved roads. Staff did it for the entire Six-Year Plan so the Board could see all the projects, the ranking of projects in the previous plan, and how they compared in this year's plan. Mr. Benish said the Southern Parkway has been moved up in the Plan to Priority No. 13. He thinks that reflects the Board's intent to go forward with that project. Mr. Rooker asked how close the project is to starting. Mr. Benish said Mr. Bryan, the VDOT Resident Engineer, has said the Residency will take the lead in trying to get that clarified with their Central Office. He thinks that ultimately the project will be eligible for funding, but at this time, they have only determined that it is eligible for revenue-sharing funds. Mr. Chuck Proctor, Assistant Resident Engineer, said there is only one issue to be worked out. That has to do with the private road standards that the County allows, the mountainous terrain standards as opposed to the rolling terrain standards. That is the key issue to be worked out with the Central Office. Mr. Rooker said with the growth in that area, the location of the new County Office Building, the new fire station, and the schools, etc., it is a very important connector. Mr. Proctor said it would be a good project, and it does meet all other criteria. Mr. Dorrier said there is a homeowners group in that area which is very concerned about the road. He wants to be sure they are kept apprised of the plans for this road. Mr. Proctor said he has heard about the issues they have raised about the traffic that might be created through their subdivision. These people can be brought into the public hearing process later. Mr. Juan Wade said he has spoken at neighborhood association meetings several times. They understand the County's position on this road, but they do not agree. Staff will try to work with them to get a road with bike lanes and sidewalks. They do not want the road because they fear the through traffic. There were not a lot of members present at the meeting, basically just their elected officials. Mr. Dorrier said he believes they are expressing the sentiments of the neighborhood, but he thinks there are ways of working with that group which will minimize their concerns. Mr. Benish said Hillsdale Drive has been moved up on the priority list by one place, and he understands that any construction in the County related to a project of this size will be funded through the Urban System. It is in this priority position to show the County's desire to show the project's priority relative to other projects. Ms. Thomas said for years the County's portion of the project has been in the County's CIP. Has that changed? Mr. Benish said $30,000+ is still shown in the CIP. But, staff thinks funding would be focused on ancillary type of improvements, such as protected areas for senior citizens in the median strip and enhancements to the system, not hard construction. He said when the project emerges through the City process with their consultant; staff will know better the scope of the project. Mr. Martin said it was stated earlier that there were two concerns by Board members at last month's meeting. One had to do with not accelerating the Rural Rustic Road Program for any roads in the rural area. Second, was a concern about rearranging priorities. He wants to make it clear that from his April 2, 2003 (Regular Day Meeting) (Page 9) perspective, he would like to see more paved roads because that is one of the biggest complaints he receives from his constituents. He said it is one of the issues that really upset people, and he just wanted to clear the record. Mr. Benish said what staff took from the conversation was not to jump rapidly into the Program without seeing what the project looked like for this first year. He said the Rio Road project at Penn Park Lane was moved up on the list from No. 28 to No. 21. Staff has tried to more accurately depict the Morgantown Road project. Ms. Thomas said the project is worded better on last year's list. Mr. Benish said the Barracks Road project is new, but is outside of the priorities of the Six-Year Plan. Mr. Wade said staff visited Augusta County and viewed some of their roads. Their resident engineer said several times that these rural rustic roads are essentially just a form of dust control. The local resident engineer, Mr. Bryan, has mentioned the same thing on several occasions. When Augusta County implemented this program, they first adopted a resolution identifying the roads that were eligible for the program. Then they sent letters to residents along the road saying the road would be reconstructed using rural rustic road standards. If a citizen had concerns about the road being on the list, they were instructed to contact their member of the board of supervisors. If they had a question about specific improvements, they were directed to their resident engineer. Mr. Wade then gave a slide presentation showing roads that had been reconstructed using the rural rustic roads program, and explained each project. He said these projects do not take as long to complete. In Augusta County, they hired one contractor to do five or more roads. Most of the contracts took only a week to eight days to complete. If this were done in Albemarle, he would expect there to be only one contractor hired to do several roads. Mr. Bowerman asked if the ADT is below 400 vtpd, how long will the prime and double seal surface last? Mr. Wade said usually on any unpaved road there is regular maintenance, so this seal would probably last three to five years, and then the road would be put on a regular maintenance schedule. He said this program is so new that the resident engineer indicated that still has to be determined. It takes two or three years of the freeze/thaw cycle after surfacing an unpaved road to find out where there are drainage issues. Mr. Wade said prime and double seal is normally what is done for the unpaved roads in the County. For rural rustic roads, a lot of money is not spent on improving drainage and shoulders. In terms of the success of the program, VDOT surveyed 60 residents along the roads after the project was completed, and they had a 98 percent acceptance rate. It seems that the people are happy with the projects that have been completed. A few people did call the board of supervisors and expressed their objections to the road. For most of the people their main concern was dust and rocks, but they would rather have those conditions than have a wide road that could have taken down the trees or fences. Mr. Dorrier said having road projects that require less money, more satisfaction and better results sounds like a winning combination. Mr. Wade said this would allow more roads to be reconstructed in less time. Staff has already identified the roads that are eligible to use these standards. He said that during the year, he gets half a dozen requests to have roads paved and when the Board starts work on the Six-Year Plan next year, those roads will already be identified. At this point, the roads will be integrated in to the list without giving those eligible for rural rustic road policy a priority. The list presented today is not prioritized using that policy. There are several projects on the list that have been on the list for many years that are not eligible for the rural rustic roads policy. Mr. Martin noted that for the first two unpaved roads listed, the necessary right-of-way is not available. He said they are not eligible for the rural rustic roads policy, so they will simply be skipped over. Mr. Wade said staff is indicating that those roads will be taken as they come up on the list. Mr. Martin said the first roads on the list (Route 790) and Secretary's Road have already been skipped over. Mr. Benish said staff will work toward those roads, but the right-of-way is not available so the project cannot be done under the current policy. The next project on the list that is doable is a rural rustic road. Mr. Martin asked what would happen if the County notified people about the project and 80 percent preferred to have a regular paved road. Mr. Benish said the Board would need to adopt a separate resolution for each rural rustic road project. Staffwill need to be sure the public is agreeable with the type of project to be completed. Mr. Martin asked what will happen if someone objects to the rural rustic road policy being used. Mr. Tucker said that is something staff needs to think about. He said a majority of the public does not know about the policy. They need to be educated. If the public knows they do not have to lose the alignment and trees along the existing road, he thinks most will accept the new policy. Mr. Dorrier asked if it is necessary for the Board to schedule a public hearing on the County's priority list. Mr. Tucker said "yes". Ms. Thomas said there is a separate category for how to decide on bridge improvements. She asked if there should be a separate category in the Six-Year list for bridges. Mr. Wade said that at one time VDOT, each September, gave staff a list of bridges with a Iow sufficiency rating. Starting in 2003, VDOT will start doing that again. They will let staff know the importance of bridge projects. April 2, 2003 (Regular Day Meeting) (Page 10) Ms. Thomas said she thinks any bridge project in the growth area should supersede projects that are not in the growth areas. This should be Number 3 in the criteria. Also, as to railroad crossings, if the railroad has threatened to close the road, that should move a project to the top of the list. Mr. Benish said the criteria-based rating system is not the end process by which projects are ranked. It is just a starting point in the process. Each category is woven into one list. Stafftakes into consideration unique circumstances. It is a fairly simple system, and staff tries to be objective by looking at the same things every year. But, staff cannot anticipate every unique circumstance. Mr. Wade mentioned the question about school priorities. He asked if the Board agreed with staff's recommendation of placing those projects on Attachment C. Ms. Thomas agreed. Mr. Tucker said the County is behind in this process because of the delay in answering questions about rural rustic roads. VDOT is waiting for the Board's recommendations. The earliest that a public hearing can be held is May 7. Motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to advertise for a public hearing on the County's Secondary Six-Year Road plan for May 7, 2003. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Agenda Item No. 6b. Transportation Matters Not Listed on the Agenda. Ms. Teresa Butler, Assistant Resident Engineer, said VDOT has been busy patching potholes, cleaning out from heavy rains, opening drains and focusing on gravel roads and shoulders. She offered to answer questions. Mr. Rooker asked about installation of "child-at-play" signs in Colthurst Subdivision. Mr. Juan Wade said these are installed at the request of the neighborhood association or upon consensus of the residents. Mr. Martin again mentioned the intersection at Route 20 and Route 250 East. He had previously asked that VDOT look at having two left-hand turning lanes at the intersection. He asked if VDOT has looked at the request. Ms. Butler said she believes the traffic engineers have said there would need to be adjustments made to the median. She will check. Ms. Thomas said when the road washed out in front of her house and her husband dialed 9-1-1, VDOT was there before the rescue squad. She said the people in West Leigh are looking forward to having that repaired. They now have to take the long way out of the subdivision that requires going over six speed bumps, and takes ten minutes longer. Ms. Butler said VDOT hopes to have the work completed in the next 30 days. Mr. Bowerman said that last Saturday and Sunday was the first time the soccer fields have been open this year. There was a lot of traffic that wanted to go southbound on Route 29. The turn light is so brief that only two or three cars could get through on each light. There was a huge backup in traffic, and it took someone about 45 minutes to get out. He asked whether that light might be made demand-sensitive so that when it is tripped the light can remain on longer. He mentioned to the other Board members that there is not much parking for those soccer fields, and people are parking on Polo Grounds Road. He does not know how to go about contacting the SOCA people. Mr. Tucker said staff has contract with SOCA. Mr. Bowerman asked that staff look into the problem of parking during those matches. Mr. Martin asked if there were something special that happened last Saturday, or was it just a typical Saturday. Ms. Butler said VDOT had received a call about this, and it has been submitted for a study by traffic engineering. Ms. Butler said the Hatton Ferry would be open for operations April 12. She thanked the County for its assistance in mowing and grounds maintenance. It will operate 9 a.m. to 5 p.m., two days a week, Saturday and Sunday. Volunteers of VDOT will man it. It was more economically feasible to do in-house, than to contract for the service. Mr. Dorrier said the public is probably not aware of the hours of operation, so it should be publicized. Ms. Butler said there is a sign posted at the site giving the hours of operation. She said they would place an ad in the local newspapers. Ms. Thomas suggested that VDOT contact the Visitors Center April 2, 2003 (Regular Day Meeting) (Page 11) to be sure it is on their web-site, and on their Heritage Tourism Map. Ms. Butler said VDOT looked at the logbooks from previous years and found that there were at times 75 walkers visiting the Ferry on a weekend. Agenda Item No. 7. Request from Lewis and Clark Exploratory Center for use of Darden Towe Park, Katherine Slaughter. Ms. Slaughter was present with Mr. Rob Jackson and Mr. Fran Lawrence, Center Board members, along with Ms. Susie Landencamp, the new part-time coordinator for the Center. Ms. Thomas said she and Mr. Dorrier are also involved in this project. Ms. Slaughter said she is president of the Center. They are here today to ask that the Board set a public hearing in May to consider leasing a portion of Darden Towe Park for the use of the Lewis & Clark Exploratory Center of Virginia. A year ago the Center Board voted to seek permission to locate the Center along the Rivanna River on property on the northern portion of the Darden Towe Park property, continuing across one private property owner's land and using property that was originally the park property at Buena Vista. Since that time, the adjacent property owner has granted an easement across her property. The Center Board is in the final stages of negotiating for about ten acres of property that will be donated on the Clark site. They met with County planners, and have a preliminary site analysis by two firms. If they obtain approval for use of the site, they will engage Warren Byrd, the original designer of Towe Park, and his partner, Sue Nelson, along with McDonough and Partners to do the site analysis and center concept leading to final site development and building. Ms. Slaughter said that for two years they have been on-site at Towe Park using the barn building for construction of a keelboat. They are committed to hands-on-learning of this type in a center that showcases the self-reliance and cooperation of the original explorers. They intend to have a strong outdoor program emphasizing the natural world, as well as a year-round inside program. The keelboat project illustrates this commitment to hands-on-learning in providing opportunities for the entire community, especially young people. On May 10, at the Lewis & Clark Festival in Lee Park, they will build a pirogue, a two-ended, and flat-bottom boat, like one used by Lewis & Clark. Ms. Slaughter said they have worked with the County and the City on development of the Lewis & Clark video that is being expanded by the local PBS station. The Center will not only commemorate the Lewis & Clark expedition, but will also provide an important link to the community through the greenways along the River. They are working with the City/County/University on the idea of constructing a pedestrian bridge across the river. They hope their presence will be a stimulus for in-fill development in the City across the river. Ms. Slaughter said that earlier this year they met with the Towe Park Committee. They then decided to move forward with the proposed lease. Mr. Lawrence and Mr. Jackson of the Center's Board worked on the lease with the County and City attorneys. They incorporated many suggestions from staff. Included is a requirement to create a new access point; parking to be made available for overflow of Darden Towe Park recreational activities; inclusion of the Rivanna River watershed activities in the Center's programs; provision of a greenways trail; incorporation of the new pedestrian bridge; the design to be responsive to any regional transportation plans that may involve a road or roadways in the portion of the land leased to the Center which is owned by the City or the County; the lease is to be no more than 40 years; the Center will take responsibility for a portion of the park upon execution of the lease; no projects will be undertaken without expressed approval of the City and the County; there would be bonding for all aspects of the project; and, the property is to be developed in a manner which is respectful of the environment and the river. Ms. Slaughter said the project has been the subject of a UVA architectural workshop. They are beginning to work on putting the program concepts on paper with McDonough Partners. They think the project will have enormous benefit to the community and look forward to a partnership with the County to enhance Darden Towe Park. She offered to answer questions. Mr. Martin said the Committee looked at this request and was supportive. Its only concern was that the Center be financially stable in case something got started and was not completed. It seems that all of that has been worked out in the stipulations Ms. Slaughter read. Motion was offered by Mr. Rooker to set the question of a lease for the Exploratory Center on the Board's agenda for May 7. Ms. Thomas seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Agenda Item No. 8. Family Support Program, Presentation of. Mr. Tucker said Mr. John Freeman is the Assistant Director of Albemarle Social Services and will make the presentation. April 2, 2003 (Regular Day Meeting) (Page 12) Mr. Freeman said his responsibility in the department has to do with children and family services and benefits programs. He said they began in 1996 with one social worker, and now has ten. The program provides intervention and prevention services in the elementary schools to assist children in modifying behaviors that get in the way of their achieving success in school, to assist families in providing support to their children, to assist school personnel in working with those families, and to help with broader social goals such as reducing the incidents of child abuse and neglect, thus reducing the need for foster care. Ms. Charity Haines made a presentation of the program using overhead slides (a copy of the slides is on file in the Clerk's office with the permanent records of the Board of Supervisors.) Mr. Dorrier asked how many family support workers there are in Albemarle. Ms. Haines said there are 10 workers serving 16 schools. Mr. Martin said he noticed that the outcomes from the schools were taken from teacher surveys. He asked if they had looked at specifics like attendance, or grades, or things that can be measured. Ms. Haines said that was looked at last year as part of the evaluation process. Mr. Freeman said Family Support has been funded by Title IV-E Federal funds that reimbursed expenses for eligible children. Those are children who meet the potential for out-of-home placement. During the past two years, the Virginia General Assembly has compromised the department's ability to access those funds by replacing General Fund dollars with Federal TANF dollars. Federal dollars cannot be used to match and pull down other Federal dollars. That has diminished the pool of dollars that could be used to match those dollars. In the midst of this current fiscal year, the reviewers who are charged with determining eligibility of cases began to apply stricter criteria, and did so back to the beginning of the fiscal year. In the middle of the fiscal year, the department experienced an unexpected shortfall in funds to provide services. However, they got support from the School Board and some other funds for the program. Mr. Freeman said they were able to make up that shortfall in the current fiscal year. However, looking forward into the year beginning in July, if those eligibility criteria remain as strict as they are, and if the access rate does not change, there could be a shortfall of as much as $265,000 in the next fiscal year. This would result in a cut-back in staffing and services. They have asked the reviewers to come back and look again. Yesterday, he heard that some number of cases that were determined to be ineligible the first time is now considered eligible. There is clearly some uncertainty at the state level as to how to apply these criteria. Staff is looking for other dollars to maintain full services at all of the elementary schools. Mr. Martin said he thinks this Board should do whatever it can to help make the match. He asked if the Family Support Program goes through the County's normal review process. Mr. Tucker said it is reviewed, as part of the budgeting process, but there is no program review because it is not a joint program. He asked Ms. Ralston how far the expected revenues would get the program into the next fiscal year assuming the reductions cannot be replaced. Ms. Kathy Ralston said if funds cannot be identified to offset the reduction for next year, the department would probably be sending lay-off notices to staff as of July 1. She does not know how many staff members would be affected. Mr. Tucker said if the Board is interested in looking at this to see what it can do to help draw-down funds, the Board needs to be "brought up to speed" on some of the issues. Ms. Ralston said her department is actually meeting with some State people later today to look at other sources of funding. They are looking at some funding through Medicaid. Mr. Dorrier said if this conversation does not prove to be fruitful, the Board might put this subject back on the agenda in May or June to discuss other possibilities. Agenda Item No. 9. Board-to-Board Presentation - School Board Chairman. Ms. Diantha McKeel, Chairman of the School Board, said the School Board recently voted to give the Family Support Program $37,000 to help get the program through this fiscal year. Ms. McKeel said Human Resources has begun recruitment efforts to fill administrative vacancies for the 2003-04 school year. She said there has been an extremely large reduction in the number of applications. For the position of principal at Monticello High School, they received only 14+ applications even though they advertised nationally, regionally and locally. Ms. McKeel said in an effort to continue with commonality between the School Board and the Board of Supervisors, their School Attendance Areas Policy was amended March 13. Ms. McKeel said the School Board decided at its March 6 meeting that spring break would not be used for inclement make-up days, and the school year would not extend beyond June 13. They will be discussing the proposed calendar for the 2003-04 school year at its' meeting on April 3. The Albemarle School Division and the Charlottesville City Schools have been working together to create a joint calendar that correlates holidays, Spring break and staff development days. Ms. McKeel said at the February 13 meeting, the Superintendent was directed to form a committee April 2, 2003 (Regular Day Meeting) (Page 13) of citizens, students, teachers, staff and health professionals to review the issue of vending machine nutrition. Ms. McKeel said a joint meeting was held on March 20 with the City School Board. They discussed the creation of an educational foundation and programs/instructional areas where cooperation between the County and the City would be beneficial. There is the possibility of creating a shared program for newly identified students with Limited English Proficiency and English as a Second or Other Language. Ms. McKeel said they received a presentation from Dr. Kevin Hughes about the Fall 2002 Stanford 9 test results for grades 4, 6 and 9. Albemarle County students' average scores topped the averages for both Virginia and the nation, placing the Albemarle School Division among the top ten percent of the 134 school divisions in Virginia. However, the state just announced that they will no longer fund these tests. The cost of $11,000 will have to be picked up by the Division next year. Ms. McKeel said the Capital Improvement Plan for FY 2003-04 through 2007-08 was presented to the School Board on March 27. They plan to take action on the recommendations at their April 3 meeting. Ms. Thomas said she thinks all the Board members are getting e-mails from people regarding the Monticello High School gym versus an auditorium. Ms. McKeel said the auditorium has been moved from FY 06-07 to FY 09-10 in the CIP. It costs approximately $5.0 million. Dr. Kevin Castner said the auditorium is not a part of the CIP. When the school was built, it was built with another plan. The expansion of Monticello to 1500 students was always scheduled and the gymnasium was always scheduled. Since last fall, the amount of money in the CIP program has gotten smaller and there was not enough money to do the $5.0 million project, but there was enough money to do the $2.0 gymnasium along with the addition to the school. Ms. Thomas said she has said to everybody that this is a School Board issue. Ms. McKeel said the gymnasium is important because of the changes in the Virginia High School League rules that move girls' basketball from a fall sport to a winter sport. The School Board has also discussed the fact that if something is not done to provide enough basketball court space for girls at the same time as boys, the division will be out of compliance with that group. It was discussed as being another "mandatory opportunity." Ms. McKeel said the Rivanna District seat on the Long-Range Planning Committee is vacant. Applications are being taken through April 4 for that position. The Committee presented a report at the School Board meeting on March 27, and it was charged to present options and recommendations for possible straight feeder patterns within the County. Dr. Castner said the Stanford 9 test results are something to show pride in. When the SOLs came into Virginia, there was concern that they would take the place of the Stanford 9 test. He said that normally there is not much change in those test results from year-to-year, but there has been a steady rise in those scores for the past three years. This year those results were beyond what they thought they would be. He thinks that shows a lot of quality work by the system, when at one time people were being critical of everything "moving down the center." What has happened has been an all time high of AP participation, and an all time high of SATs. He will say there is not all good news. There are certain groups of the population that are not as successful. There is still work to be done. Mr. Dorrier asked if the teachers teach to the Stanford 9. Dr. Castner said the teachers teach to the SOL curriculum. Mr. Dorrier mentioned the article in the newspaper today about a situation at Jack Jouett Middle School. Ms. McKeel said that by the time the renovation is completed this summer, there would be a restroom that can be accessed from the playing fields. Right now there are porta-potties on site. Ms. McKeel said the Virginia Department of Health awarded grants to two teachers in Albemarle schools to purchase bicycles and helmets in an effort to promote healthy lifestyles to students. At an earlier meeting, Ms. Thomas had asked if any school was participating in the walk-to-school program. None of the County schools are participating in that program, instead two of the schools (Baker-Butler and Greer) chose to look at bicycle safety for children, and received a grant. Ms. Thomas asked if staff is working with school staff on long-range planning so they are aware of the financial implications of something like a straight feeder pattern. Mr. Tucker said Planning Department staff members are member of the Long-Range Planning Committee. Likewise, Mr. Al Reaser is also a member of the CIP Technical Committee. Dr. Castner said the Committee was given the charge to see what a straight feeder pattern would look like. They did write both pros and cons. They did write about some of the fiscal implications. The School Board now has some information to consider which they did not have before. (Note: At 11:00 a.m., the Board took a recess and reconvened at 11:14 a.m.) Agenda Item No. 10. Public hearing on a request to amend the service area boundaries of the Albemarle County Service Authority for sewer service only to TM 32A, Sec 3B, Ps 18 & 19 for Thomas P. Haught. Loc at 3147 Profflt Rd on N side of Proffit Rd (Route 649) approx 400 ft W of Pritchett Lane. April 2, 2003 (Regular Day Meeting) (Page 14) Rivanna Dist. (Notice of this public hearing was given in the Daily Progress on March 17 and March 24, 2003.) Mr. David Benish said the applicant is requesting ACSA jurisdictional area designation for sewer service to two half-acre lots located on the north side of Proffit Road (Route 649) approximately 400 feet west of Pritchett Lane. The property is located within the designated Development Areas in the Rivanna Magisterial District. The subject property is located within the Designated Development Area in the Comprehensive Plan. Jurisdictional area policy provides that public water and sewer should serve all areas designated as development areas. Mr. Benish said the report notes that these two parcels are part of a larger quadrant that is actually within the Development Area. It includes the North Pointe rezoning that is currently being reviewed. These two lots are surrounded by a quadrant surrounded by Pritchett Lane, Profflt Road, Route 29 and the North Fork Rivanna River. Staff recommends that as a matter consistency with the Comprehensive Plan, in the future that area should also be added. Therefore, this site is consistent with that policy and staff recommends that the Board approve this request for public sewer service to Tax Map 32A, Section 3B, Parcels 18 and 19. At this time, Mr. Dorrier 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 approve the request for public sewer service to Tax Map 32A, Section 3B, Parcels 18 and 19. Mr. Bowerman seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Agenda Item No. 11. Proposed FY 2003 Budget Amendment. (Public Hearing advertised on March 23, 2003) Ms. Roxanne White summarized the staff's report. She 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 less, 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 $555,035.68. ESTIMATED EXPENDITURES General Fund General Government Programs/Grants School Fund School Programs/Grants Total Estimated Expenditures- All Funds $ 1,000.00 104,131.79 405,309.30 44,594.59 $ 555,035.68 ESTIMATED REVENUES Local Revenues State Revenues Federal Revenues Fund Balances Total Estimated Revenues- All Funds $ 29,467.00 25,430.00 109,131.79 391,006.89 $ 555,035.68 Ms. White said this budget amendment is comprised of ten new appropriations as follows: two appropriations are for school programs in the amount of $246,663.89; one appropriation requests reappropriation of funds in the School Division in the amount of $203,240.00; three appropriations are grants for County Police Department programs totaling $14,186.51; one appropriation is for grant funds for Offender Aid & Restoration totaling $26,366.00; one appropriation is for a contribution to the Housing Office totaling $1,000.00; and, one appropriation of $63,579.28 is an Emergency Preparedness grant for both the County Police and Fire/Rescue Departments. Ms. White said staff recommends approval, after the public hearing, of the FY 2003 Budget amendment in the amount of $555,035.68, and then approval of Appropriations #2003-039, #2003-040, #2003-041, #2003-042, #2003-043, #2003-044, #2003-045, #2003-046, #2003-047 and #2003-048 to provide funds for various General Government and School programs. She offered to answer questions. Appropriation #2003-039, $8,073.30. Baker Butler Elementary School received a donation in the amount of $4,440.00 from the Baker Butler PTO. This donation will be used to purchase materials for a TV studio for the students at the school. Murray Elementary School received donations in the amount of $1,725.00. Dr. David Hamer donated $1,000.00 and Martin Art & Design donated $25.00 to be used for arts and cultural enrichment programs for the school. Wylie Cooke, III, donated $100.00 and Dr. Jeffrey Barth donated $600.00 to be April 2, 2003 (Regular Day Meeting) (Page 15) used to help finance the Lap Tops for Teachers Project. Western Albemarle High School received a donation in the amount of $1,000.00 from the Frederick S. Upton Foundation. This donation will be used to support the Fine Arts Program at the school. Broadus Wood Elementary School received a donation in the amount of $908.30 from the Broadus Wood PTO. This donation will be used to pay the salary of the Spanish teacher at Broadus Wood Elementary School. Appropriation #2003-040, $26,366.00. Offender Aid & Restoration (OAR) and Jefferson Area Community Corrections provide services to adult offenders while incarcerated and provides services to those released into the jurisdictions served by OAR. The Department of Criminal Justice Services has awarded OAR a grant in the amount of $26,366.00. The awarded grant moneys will partially fund salaries, benefits, travel and other operating expenses for Employment Case Managers, Volunteer Coordinator/Employment Case Manager, and Assistant Director/Project Director. Local match moneys in the amount of $8,789.00 will be provided from the current contributions made to OAR by the County, City of Charlottesville and United Way. Appropriation #2003-041, $3,750.00. The Albemarle County Police Department gets 10 to 15 requests a month to target the same specific "problem areas" in the County. The Division of Motor Vehicles has awarded $3,750.00 to the Police Department to purchase a traffic monitoring and data collection device (TMD). This device will be used to study the traffic activity in specific areas and collect data necessary to properly handle citizen/community complaints. Any excess moneys associated with this project will be handled through the department budget. Appropriation #2003-042, $5,936.51. The Bureau of Justice has awarded funding in the amount of $5,936.51 to the Albemarle County Police Department for the purchase of bulletproof vests. The award funds cannot exceed 50 percent of the total cost. All excess monies associated with this project will be handled through the department budget. Appropriation #2003-043, $4,500.00. The busiest times for major shopping in the County occur during the Thanksgiving to New Years' holiday season. December tends to have the highest frequency of traffic accidents, shopping thefts, partying and socializing. DUI's are also at their highest level during this season. The Division of Motor Vehicles has awarded the Police Department a $4,500.00 grant to support 150 hours of traffic safety overtime activities as part of the larger efforts of Operation Safe Holiday. There is no local match. Appropriation #2003-044, $44,594.59. Albemarle County Public Schools received a grant from the State Department of Education in the amount of $24,430.00 for the Individualized Student Alternative Education Program. The ISAEP provides counseling, academic and occupational services to address a growing population of students at risk of dropping out of school, not meeting attendance requirements, and/or academically not meeting the requirements for a standard high school diploma. This program will supplement existing GED services by developing specialized occupational training and employment necessary for students to become productive and contributing citizens. The Charlottesville/Albemarle Technical Education Center (CATEC) will administer the ISAEP program for Albemarle County Public Schools. Stony Point Elementary School has been selected by the University of Virginia to receive funding in the amount of $11,568.70 for Project BUILD (Bridges of Understanding to Inclusive Literacy Development Program). This project will help identify patterns in thinking, communication and actions that will improve teaching and learning and identify contexts wherein these efforts can be created and sustained over time. The Jefferson Region Destination Imagination (DI) will provide a regional DI competition for County students and surrounding school districts. Of the 70 teams that participate, about 25 will be from Albemarle County. Team registration fees, R-shirt sales and contributions in the amount of $7,200.00 and a fund balance of $1,395.89 will help cover expenses incurred. Albemarle County will continue as fiscal agent for the region. Appropriation #2003-045, $63,579.28. Albemarle County will be receiving grant funds in the amount of $63,579.28 to assist in the preparation of response to incidents involving mass destruction weapons. These funds will be split 50/50 between Fire/Rescue and the Police Department. The equipment purchased under these grants must come only from the commodity areas targeted by the Federal government. A portion of these monies, $3,777.72, must be used by March 23, 2003, leaving $59,801.56 to be used by July 31,2004. There is no local match. Appropriation #2003-046, $1,000.00. The Virginia Housing Development Authority has provided $1,000.00 in funding to cover staff's attendance at a housing conference in Washington, D.C. Appropriation #2003-047, $203,240.00. Reappropriation of $184,796.00 of school carry-over funds and $18,444.00 of building rental funds. School Board Policy DB-E allows schools to carry forward up to 10 percent of their operational budgets from year to year. Policy KG-R allows 40 percent of the base fees collected for building rental to be returned to each school. Appropriation #2003-048, $193,996.00. Baker Butler Elementary School received a donation in the amount of $600.00 from the Baker Butler PTO. This donation will be used to purchase a set of scales for the school and to help pay for an artist to design and build a sculpture for the school. April 2, 2003 (Regular Day Meeting) (Page 16) Murray Elementary School received a donation in the amount of $100.00 from Nancy Letteri. This donation will be used to help support cultural enrichment and technology replacement. Murray Elementary School also received a donation in the amount of $400.00 from Teresa and George Hashisaki and a donation in the amount of $25.00 form David and Joan Gilrain. These donations will be used to help support the purchase of wireless laptop computers for staff and students. Monticello High School received a donation in the amount of $1,500.00 from State Farm. This donation will be used to purchase instructional materials and athletic materials for the school. Albemarle County Public Schools received a grant award in the amount of $5,000.00 from the Virginia Department of Health's Center for Disease Control. The Bicycle Education Grant funds will give students an opportunity to increase school and community bike safety awareness and promote lifetime fitness with the purchase of bicycles and safety equipment. Currently Albemarle County Schools is paying $295,925.00 in budgeted recurring funds to service the debt associated with a VRS early retirement program that was offered about 8.5 years ago. This payment is based upon a 10-year payback at eight percent interest, compounded quarterly. Full payments have been made on this debt each July 1 in order to reduce the overall interest paid. For the FY 2003-04 budget, it is planned to make a $295,925.00 payment on this debt. During the current budget process, there was discussion of appropriate use of one-time funds to meet FY 03-04 budget needs. This VRS early retirement debt could be fully paid in the current fiscal year, which would reduce the FY 03-04 expenses by $295,925.00. Full payoff of this debt would require a payment of $379,129.00 to be made no later than mid-April 2003 (interest of two percent would be assessed if payment were made later than this timeframe). A payment of this amount would constitute an appropriate use of one-time funds to reduce expenses for FY 03-04 and to reduce overall interest paid by $14,262.00. Mr. Martin said in a couple of months he would like to have a report on how the preparedness response money is being used. Ms. Thomas said she would like to know what emergency preparedness is costing the County. As a governmental agency, the County is being asked to pick up whole categories of expenditures it has not had in the past. Mr. Rooker said there has been a lot of discussion about funding first responders, but there has been little money from the Federal government to do that. Mr. Dorrier said the City's mayor is complaining vigorously about it. Ms. Thomas said she would like to comment about the School System paying almost $300,000 to further the debt payment. That sounds like a very smart use of their one-time moneys. Mr. Martin asked about the appropriation for OAR. He asked if this will help them to get through this fiscal year, or is it something they were already counting on. Ms. White said this money would help replace some of the moneys that were cut. The State did bear the State share of the PAPIS funds that had been cut. At this point, Mr. Dorrier opened the public hearing. With no one rising to speak, the public hearing was closed, and the matter placed before the Board. Motion was offered by Ms. Thomas to approve the budget amendment in the amount of $555,035.68, and to adopt the following Resolutions of Appropriation. Mr. Rooker seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-039 EXPLANATION: AUTHORIZATION TO EXPEND DONATED FUNDS SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 2217 61101 601300 Inst/Rec Supplies J 1 4,440.00 1 2215 61101800700 ADP Equipment J 1 1,200.00 1 2215 61411 580000 Misc Expenses J 1 525.00 1 2302 61411 580000 Misc Expenses J 1 1,000.00 1 2201 61101 132100 P/TWages-Teacher J 1 838.85 1 2201 61101 132100 FICA J 1 69.45 2 2000 18100 181109 Donation J 2 8,073.30 2000 0501 EST REVENUE J 8,073.30 2000 0701 APPROPRIATION J 8,073.30 TOTAL 16,146.60 8,073.30 8,073.30 April 2, 2003 (Regular Day Meeting) (Page 17) COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-040 EXPLANATION: GRANT FUNDS FOR OAR PAPIS GRAN April 2, 2003 (Regular Day Meeting) (Page 18) SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1520 29406 566121 PAPIS GRANT J 1 26,366.00 2 1520 33000 330409 PAPIS GRANT J 2 26,366.00 1520 0501 EST REVENUE J 26,366.00 1520 0701 APPROPRIATION J 26,366.00 TOTAL 52,732.00 26,366.00 26,366.00 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-041 EXPLANATION: DMV-TMD SAFETY PROJECT GRANT SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1534 31146 800700 TMD SAFETY PROJECT J 1 2 1534 33000 330011 FEDERAL DMV GRANT J 2 1534 0501 EST REVENUE J 1534 0701 APPROPRIATION J 3,750.00 3,750.00 3,750.00 31750.00 TOTAL 7,500.00 3,750.00 3,750.00 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-042 EXPLANATION: BULLETPROOF VEST GRANT SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1241 31013 601000 POLICE SUPPLIES J 1 5,936.51 2 1241 33000 330001 FEDERAL GRANT J 2 5,936.51 1241 0501 EST REVENUE J 1241 0701 APPROPRIATION J 5,936.51 51936.51 TOTAL 11,873.02 5,936.51 5,936.51 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-043 EXPLANATION: OPERATION SAFE HOLIDAYS GRANT SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1535 31013 120000 OVERTIME J 1 4,180.00 1 1535 31013 210000 FICA J 1 320.00 2 1535 33000 330011FEDERAL DMV GRANT J 2 4,500.00 1535 0501 EST REVENUE J 1535 0701 APPROPRIATION J 4,500.00 4,500.00 TOTAL 9,000.00 4,500.00 4,500.00 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-044 EXPLANATION: VARIOUS SCHOOL GRANTS AND PROGRAMS SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 3142 60410312700 ProfServ-Consultants J 1 24,430.00 2 3142 24000 240360 Donation-ISAEP Grant J 2 24,430.00 3142 0501 EST REVENUE J 24,430.00 3142 0701 APPROPRIATION J 24,430.00 1 3148 61311 152100 Sub-Wages-Teacher J 1 7,164.90 1 3148 61311 160300 Stipends-Staff/Curr J 1 2,850.00 1 3148 61311 210000 FICA J 1 766.14 1 3148 61311 221000 VRS J 1 373.44 1 3148 61311 231000 Health Ins J 1 399.36 1 3148 61311 232000 Dental Ins J 1 14.86 2 3148 18000181260 Project BUILD J 2 11,568.70 3148 0501 EST REVENUE J 11,568.70 3148 0701 APPROPRIATION J 11,568.70 1 3129 61104520100 Postage J 1 169.32 1 3129 61104 580000 Misc. Expenses J 1 4,838.00 1 3129 61104601300 Ed/RecSupplies J 1 3,588.57 2 3129 16000 161260 Jefferson DI Fees J 2 2,500.00 2 3129 18100 181109 Contributions J 2 200.00 2 3129 18000 189918 Proceeds-Sales J 2 4,500.00 2 3129 51000 510100 Approp-Fund Balance J 2 1,395.89 3129 0501 EST REVENUE J 8,595.89 3129 0701 APPROPRIATION J 8,595.89 TOTAL 89,189.18 44,594.59 44,594.59 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-045 EXPLANATION: DEPT OF JUSTICE GRANT FOR MASS DESTRUCTION INCIDENTS SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1528 31091 800100 MACHINERY & EQUIP J 1 1 1528 31092 800100 MACHINERY & EQUIP J 1 2 1528 33000 330416 DEPT OF JUSTICE GRANT J 2 31,789.64 31,789.64 63,579.28 April 2, 2003 (Regular Day Meeting) (Page 19) 1528 0501 EST REVENUE J 63,579.28 1528 0701 APPROPRIATION J 631579.28 TOTAL 127,158.56 63,579.28 63,579.28 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-046 EXPLANATION: VIRGINIA HOUSING DEVELOPMENT AUTHORITY CONTRIBUTION SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1000 81030 570806 HOMEBUYERS CLUB J 1 1,000.00 2 1000 24000 240805 VA HOUS IND DEV'L AUTH J 2 1,000.00 1000 0501 EST REVENUE J 1,000.00 1000 0701 APPROPRIATION J 11000.00 TOTAL 2,000.00 1,000.00 1,000.00 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-047 EXPLANATION: ALLOCATION OF SCHOOL CARRYOVER FUNDS TO OPERATIONAL BUDGETS SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 2201 61101 601300 Ed/RecSupplies J 1 13,271.00 1 2202 61101 601300 Ed/Rec Supplies J 1 5,888.00 1 2203 61101 601300 Ed/Rec Supplies J 1 72.00 1 2204 61101 601300 Ed/RecSupplies J 1 12,153.00 1 2205 61101 601300 Ed/RecSupplies J 1 4,158.00 1 2206 61101 601300 Ed/Rec Supplies J 1 6,257.00 1 2207 61101 601300 Ed/Rec Supplies J 1 3,854.00 1 2209 61101 601300 Ed/Rec Supplies J 1 3,537.00 1 2210 61101 601300 Ed/RecSupplies J 1 3,645.00 1 2211 61101 601300 Ed/RecSupplies J 1 1,320.00 1 2212 61101 601300 Ed/RecSupplies J 1 12,729.00 1 2213 61101 601300 Ed/RecSupplies J 1 4,076.00 1 2214 61101 601300 Ed/RecSupplies J 1 5,488.00 1 2215 61101 601300 Ed/Rec Supplies J 1 2,519.00 1 2216 61101 601300 Ed/RecSupplies J 1 8,005.00 1 2217 61101 601300 Ed/RecSupplies J 1 2,834.00 1 2251 61101 601300 Ed/Rec Supplies J 1 1,120.00 1 2252 61101 601300 Ed/Rec Supplies J 1 1,869.00 1 2253 61101 601300 Ed/RecSupplies J 1 15,990.00 1 2254 61101 601300 Ed/RecSupplies J 1 16,318.00 1 2255 61101 601300 Ed/Rec Supplies J 1 19,018.00 1 2301 61101 601300 Ed/Rec Supplies J 1 982.00 1 2302 61101 601300 Ed/Rec Supplies J 1 9,671.00 1 2303 61101 601300 Ed/Rec Supplies J 1 5,758.00 1 2304 61101 601300 Ed/RecSupplies J 1 42,708.00 2 2000 51000 510100 Approp Fund Bal J 2 203,240.00 2000 0501 EST REVENUE 2000 0701 APPROPRIATION TOTAL 203,240.00 203,240.00 406,480.00 203,240.00 203,240.00 COUNTY OF ALBEMARLE APPROPRIATION NUMBER: 2003-048 EXPLANATION: SCHOOL DONATIONS AND PROGRAMS SUB. LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT ACCOUNT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 2217 61101 301210 Contract Services J 1 500.00 1 2217 62220 600400 Medical Supplies J 1 100.00 1 2215 61101 601300 Ed/Rec Supplies J 1 50.00 1 2215 61101800700 ADP Equipment J 1 475.00 1 2304 61101 601300 Ed/Rec Supplies J 1 500.00 1 2304 61105 601300 Ed/Rec Supplies J 1 1,000.00 2 2000 18100 181109 Donation J 2 2,625.00 2000 0501 EST REVENUE J 2000 0701 APPROPRIATION J 1 315361311800100Equipment J 1 5,000.00 2 3153 33000 300001 Bicycle Ed Grant J 2 5,000.00 2000 0501 EST REVENUE J 2000 0701 APPROPRIATION J 1 2420 93010 930003 Debt Svc Fund-VRS J 1 379,129.00 1 2410 60100 999981 Sch Bd Reserve J 1 (192,758.00) 2 2000 51000 510100Approp-Fund Bal J 2 186,371.00 2000 0501 EST REVENUE J 2000 0701 APPROPRIATION J 2,625.00 5,000.00 186,371.00 2,625.00 5,000.00 186,371.00 TOTAL 387,992.00 193,996.00 193,996.00 Agenda Item No. 12. Mountain Overlay District (MOD) Committee Composition, Discussion of. Mr. Cilimberg said that on March 19, 2003, the Board proposed the establishment of a committee to review the MOD ordinance with the expectation that, through a committee representing varied interests April 2, 2003 (Regular Day Meeting) (Page 20) and concerns, a consensus would be achieved on a draft ordinance acceptable to the public. If the Board decides to appoint a committee, it is probable that the appointments would not be made until May based on typical appointment procedures. That considered, staff recommends that work with the committee not start until the first of July after completion of staff's work on the draft of the Rural Area Plan for the Planning Commission's review. Planning staff would be more capable of providing support at that time, and the rural area review work would be completed. The intervening period could be used by committee members to review background materials and complete basic organizational issues (meeting time/location, chair, etc.). Mr. Dorrier asked if the Historic Preservation Committee is still functioning in a useful way. How many people on that committee are owners of historic properties? Mr. Cilimberg said he did not know. Mr. Dorrier said he thinks it is important that some of the mountain landowners are involved in helping to shape the final ordinance. Mr. Cilimberg said staff had suggested two such people be members of the committee. Ms. Thomas asked if there will be advertisements for these members, and then the Board go through the normal procedure before making appointments. Mr. Tucker said that is what staff would suggest be done. Ms. Thomas said the Board asked them to come up an acceptable ordinance, but she would like for it to be "acceptable" and "effective." Mr. Bowerman said that is just taken for granted. He said there is a group in place now from which the Board might be able to draw some members. He would not want to lose anything they might contribute to the process. The only reason the Board is not particularly happy with that group is because the Board did not make the appointments. Mr. Rooker said the group was not put together for this purpose. Mr. Bowerman said the Board is not sure the makeup of the group includes all disparate parties. It was put together to study the rural areas and the mountaintops are part of the rural area. Mr. Rooker said there is a Rural Areas Focus Group and several of those people own mountain property or have agricultural interests. Mr. Bowerman said he would like to know what staff means when it says "It is desired to keep the membership manageable." Mr. Cilimberg said that seven is a manageable number. Staff has given the Board a list of possibilities for representatives. Mr. Bowerman asked if the Board members wanted to add anything to the list presented by staff. Mr. Martin said he does not feel strongly about whether or not to turn this over to the Rural Areas Group. There is some sense to that, but if the appointments are to be advertised, he thinks that some of the groups would want to pick their own representative. Mr. Tucker said for those organizations, staff would contact them and ask for a recommendation. Mr. Rooker said the Board could hash out the size of the Committee at another time. Mr. Martin said he thinks that larger groups, even if they are not as manageable, a lot of the times stumble their way through to a better compromise than smaller groups. Mr. Dorrier said the Blue Ridge Home Builders' are not listed as one of the groups. Mr. Tucker said they would be represented through the Free Enterprise Forum. Mr. Dorrier said he is not familiar with that group. Mr. Tucker said it used to be CALAC (Legislative Action Committee). Mr. Bowerman suggested moving forward. Ms. Thomas said everybody thinks "effective" is one of the things that go without saying, but she would like to have it mentioned. Mr. Rooker agreed. He then offered motion to adopt the recommendation of staff that includes the timing, the potential groups to look at for members, and also advertising to the public. Mr. Bowerman asked if the Board wanted to add any potential groups to the list. Mr. Rooker said he did not think this was intended to be preclusive of others. Mr. Dorrier said he thinks the Historic Preservation Committee should have a representative on this group. Mr. Bowerman asked if that group is still working. Mr. Tucker said they are. The County will be hiring a Historic Preservation Planner in the near future. Ms. Thomas said the Board made a mistake by having too many members on that committee. Mr. Bowerman gave second to the motion. Roll was called, and the motion carried by the following recorded vote: April 2, 2003 (Regular Day Meeting) (Page 21) AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Agenda Item No. 13. Discussion of an Annual Real Estate Reassessment. Mr. Bruce Woodzell, County Assessor, summarized the staff's report. He said that on February 5 staff presented to the Board information about the reassessment. At that time, the Board requested information about an annual reassessment process, rather than the current biennial review. Mr. Woodzell explained the current biennial process and gave a short history. The County consists of approximately 740 square miles. It currently contains 36,611 real estate parcels. The parcels are assessed on a biennial basis. The department's staff consists of 14 employees: a County Assessor, a Deputy County Assessor, seven appraisers, a tax supervisor and four clerical staff. The County has used the current assessment process since 1977. It takes approximately one and one-half years to complete the fieldwork. Each appraiser is assigned a geographical area to assess and is responsible for assigning value to approximately 5000 parcels. During this 18-month process, all parcels are visited and reviewed by an appraiser. In addition, values are assigned for new construction that may have occurred; if applicable, the land use status is reviewed; and values are assigned to parcels that have been newly created by subdivision of property. Mr. Woodzell said that in 1999, the assessment process changed from a completely manual process to a computer-assisted mass appraisal (CAMA) process. With this system, every cost schedule associated with CAMA is updated to accurately reflect current market conditions and costs prior to the start of the reassessment process. Mr. Woodzell said that annual assessments are currently conducted in ten counties and 15 cities in the Commonwealth. Of the remaining counties and cities, 20 conduct their assessments on a biennial basis with the remaining performing their assessments every three to six years. An annual assessment process would take approximately nine to ten months to complete. This limited time frame would require a reduction of the appeal period to the County Assessor from 60 days to 30 days and to the Equalization Board from 30 days to 15 days. These appeal periods would be in line with the condensed time frame required for the annual assessment program due to the physical fact of the workload on the office. Mr. Woodzell said he feels there are some benefits to the annual assessment process. Since the County is becoming more urban, annual assessments would give be a more accurate reflection of current fair market value, especially in a rapidly increasing or declining market. Annual appraisals would probably result in less dramatic changes in the assessment notices sent to taxpayers on the two-year basis. He said that on the last notice mailed, the average median increase rate was 18.79 percent, and that was a big jump compared to the previous reassessment. In 2001, it was 12 percent. Prior to that it was between eight and nine percent. Mr. Woodzell said there are also disadvantages. Market trends and sales ratio analyses, rather than a physical inspection of the property, would most likely be used to assess the majority of parcels. The appraisers would then become less familiar with individual parcels. Parcels currently under the Land Use Taxation Program might not be subject to a physical inspection every two years, therefore, those parcels might not be immediately recognized should they fail to meet or maintain the requirements of the program. If that was a concern, there is a State statute called revalidation that allows the County to ask each landowner in the Program to revalidate on an annual basis what they are doing with their property. He said that every six years the County could charge a fee. That would generate about $75,000 in revenues. Mr. Woodzell said if the County went to annual assessments, several items would need to be addressed. First, the County would need to amend County Code Section 15-1000, Biennial assessment of real estate, and Section 15-1002, Time limits for appeals of real estate assessments. The assessment software currently being used for the computer mass appraisal system (CAMA), SMDA 2000 is capable of supporting the annual reassessment process without any significant software or programming changes. However, the software vendor has advised that support for SMDA 2000 is gradually being phased out and replaced by Proval Plus software. Staff would recommend that the migration from SMDA 2000 to Proval Plus be completed before any change in the reassessment process took place thus lessening the learning curve associated with both the change in assessment process and new computer software. This software change would cost from $25,000 to $30,000 and would not be available until mid- to late May. Mr. Woodzell said the CAMA System would only need some minor modifications for an annual assessment. At this time staff believes the change could be accomplished without additional staff. However, with an annual growth of approximately 725 parcels, additional staff may be required in the next three to four years. Due to the issues identified relating to staffing, programming change and impact on the work flow processes, staff believes immediate implementation is unrealistic. If the Board desires to begin annual assessments, staff would recommend implementation in 2005 effective for the 2006 tax year. Mr. Woodzell said he had attached a chart comparing Albemarle to ten cities, and 20 counties. He said it shows a five-year average for the sales ratio study and the COD (Co-efficient of Dispersion), and Albemarle County exceeds all the cities and counties shown. He said that due to the physical restraints of time, most jurisdictions do not visit properties as Albemarle does. They visit one-third on one April 2, 2003 (Regular Day Meeting) (Page 22) reassessment, another one-third on the next reassessment, and then the final one-third on the next reassessment. Some only work off of properties that are subject to new construction, properties that have sold, or properties that have asked for a review. He offered to answer questions. Mr. Dorrier said he noticed that most of counties listed are much bigger than Albemarle. Ms. Thomas said she noticed that the listing shows more parcels in agricultural than all of the other counties. She thinks there is value in having the visits, particularly with the land use program. Mr. Woodzell said he did not mean to mislead the Board. The appraisers would drive through neighborhoods, but it is not physically possible to visit each parcel on a nine-month schedule. He is not sure how many parcels the appraisers could review. Mr. Rooker asked if Mr. Woodzell had talked to any jurisdictions that had changed to an annual assessment recently. Mr. Woodzell said he had talked with people in Hanover County, and they did not make any changes in their office. He talked with people in Roanoke County and they had added two staff members when they made the change several years ago. Mr. Dorrier asked if the current system is working well. Mr. Woodzell said it is. Mr. Dorrier said there is not then any real pressure to make a change at this time. Mr. Rooker said that from a personal budgeting standpoint, an increase is easier if it occurs gradually. The recommendation is not to implement this for several years. He thinks this is something the Board could discuss at its strategic planning session in the fall. Mr. Bowerman said the City conducts an annual assessment, so that makes it confusing for the average local citizen. He is leaning toward going to an annual assessment. Ms. Thomas said she is leaning away from doing that because she thinks the County does a good job now. She knows it is a big jump in the average budget when it happens every two years. It is also the conventional wisdom that the tax rate is not raised in a reassessment year, and that thinking will need to change. Mr. Dorrier said this idea has some merit. Mr. Tucker said if any of the Board members have issues with this idea, they should be brought to staff. Mr. Woodzell said the first year this is done is when there will be issues with the public. Mr. Bowerman said he thinks it should be on the agenda for the strategic planning session. He was interested in the remark that this would cause a recertification of the land use parcels. Also, it might be a way to recapture some of the fee that would offset some of the criticism of the program. Agenda Item No. 14. SP-02-074. Arlin D. Martin (Signs #33 & 34). Public hearing on a request to allow church in accord w/Sec 10.2.2.35 of the Zoning Ord. TM 55, P 19C, contains 2.851 acs. Loc at end of Twinkling Springs Lane, approx .25 mis from intersec of Twinkling Springs Lane & Rt 250 (Rockfish Gap Turnpike). Znd RA. White Hall Dist. (Notice of this public hearing was given in the Daily Progress on March 17 and (Not in file)?) Mr. Cilimberg summarized the staff's report that is on file in the Clerk's Office with the permanent records of the Board of Supervisors. He said the applicant is requesting approval to allow a church in an existing building that is currently approved for a country store. The proposed church would initially have approximately 30 members with anticipated growth reaching 60 members. The applicant is requesting to maintain an one-bedroom apartment that would accommodate no more than two people. The surrounding area consists of scattered residential lots intermixed with wooded areas and open field. This site is located approximately 400 feet to the south of 1-64. Mr. Cilimberg said this was at one time a country store approved by special use permit in 1972. It has been used intermittently since that time. Building Code & Zoning Services has requested that all special use permits related to the country store be abandoned if the special use permit for a church is approved. The County Attorney's Office advised that abandoning the 1972 special use permit would require a separate legislative act. However, a condition has been recommended that would effectively prevent the country store use while the church use exists. Mr. Cilimberg said the staff has some updated conditions to give the Board. These conditions will reflect all clarifications based on the Planning Commission's actions. The church has a small congregation. Service is on Sunday mornings only. Staff believes the proposed use would not be a substantial detriment to the adjacent property owners. The church does not propose to make any changes to the existing building. Although the building is not currently being used as a country store, the Church traffic would be less than the country store use. He said the Health Department has stated that the septic system would not support more than 50 church members, in addition to the one-bedroom apartment. Mr. Cilimberg said the Commission, at its meeting on March 4, 2002, by a vote of 6:0, recommended approval of this petition with the expectation that VDOT and the County's Department of Engineering would reevaluate their initial findings regarding improvements to the transportation system in that area. Although the trip generation figures do not support the VDOT requirement for a right-turn taper, April 2, 2003 (Regular Day Meeting) (Page 23) VDOT cites the issue of two right-bound lanes on Route 250 merging into one-lane approximately 300 feet east of the entrance to the road serving Twinkling Springs Lane. The applicant has agreed to VDoT's requirements. The Department of Engineering has furnished a reevaluation of its initial review based on requirements of the Subdivision Ordinance. Although the Subdivision Ordinance is not applicable because this is not a subdivision, the Engineering Department believes its recommendations are in the interest of public safety. Those include: The last curve on Twinkling Springs Lane requires clearing and easements for sight distance; a guardrail may be required on the east side of Twinkling Springs Lane if clear distance, shoulder and slope requirements are not met per the VDOT requirements; and, entrance improvements as identified by VDOT. Mr. Cilimberg said the applicant does not agree to two conditions recommended by Engineering, one regarding the clearing and easements for sight distance at the last curve, and the potential requirement for guardrail. He said that in the report there is some mention of a waiver of standards, but that is not applicable. He said staff has recommended approval subject to nine conditions. He then handed to the Board members a list of revised conditions that reflect the two recommendations from the Department of Engineering. He said the applicant made one other request. They would like to have the number increased to 93 for assembly. Staff did not evaluate that request, but if the Board feels that is appropriate, there is another condition offered for replacement of Condition No. 1 on the list he just distributed. Mr. Rooker asked if in Conditions 8 and 9, they refer to on-site or off-site improvements, and how close are they to the property. Mr. Cilimberg said they are along Twinkling Springs Lane, so they are off-site. Mr. Rooker asked how far from the church entrance the proposed guardrail would be. Mr. Cilimberg said there are two locations. Ms. Thomas asked if there are any nearby residences. Mr. Cilimberg said some lots have been created along the road. Mr. Dorrier asked the applicant to speak. Mr. Cliff Fox said he represents Mr. Arlin Martin. Mr. Martin was not able to attend this meeting because the date was changed after the Planning Commission hearing, and he is out of the country with a mission construction team helping to build a church in Trinidad. Mr. Fox then read a letter from Mr. Martin into the record, a copy of which is on file in the Clerk's Office. Mr. Martin has asked for a site plan waiver for any roadway, parking lot or storm management requirements except entrance improvements per VDOT, and additional seating if septic capacity is permitted by the Health Department. Mr. Fox said he does not know if Conditions 8 and 9 can be required. The average weekly trips to this site will be well below the threshold of 350. A maximum number of average weekly trips would be 171. He said they are looking at a boundary lot adjustment with the adjoining landowner, Maxine Pleasants, who joined this request by signing this petition. Mr. Rooker asked about the requirement for off-site improvements. Mr. Davis said it has consistently been the County Attorney's opinion that unless the use substantially generates the need for the off-site improvement in a special use permit situation, the County cannot require off-site improvements. The option for the Board under this special use permit is not to require either No. 8 or No. 9, but to determine whether approving the use constitutes a safety danger. The Board can deny the special use permit, but he does not believe the Board can make this requirement. Mr. Rooker said the applicant made it clear in his letter that he would prefer that the petition be denied if No. 8 and No. 9 are imposed. Mr. Davis said the question is whether to approve the use without No. 8 and No. 9 as requirements. The applicant could volunteer to do those improvements, but that does not seem to be what they want to do. The underlying use has a similar impact. Mr. Fox said he checked the sight distance going into the final curve, and it is about 220 to 250 feet. There is a 50-foot right-of-way there, and the applicant is willing to clear the area within the right-of-way to increase the sight distance. He thinks it can be increased to about 240 feet in that direction. They did not want to strap themselves into having to go out and acquire sight easements. Mr. Rooker suggested that Condition No. 8 be reworded to say the applicant will clear to improve the sight distance within the existing right-of-way. Mr. Davis said if the applicant is agreeable to doing that, that would be acceptable. At this point, Mr. Dorrier opened the public hearing. Mr. Jonathan Quesenberry said he is the pastor of the Cornerstone Church of Albemarle. They have been meeting in western Albemarle since 2001. The group has grown from 18 to about 25 adults at this time, and they have not been able to find a good place to meet. In the past this building had been used as a country store. They find it a wonderful place to meet and it would be of benefit to people in the surrounding area. A number of people signed a petition in favor of their use of the building, mostly church members. He requested approval of this permit. With no one else from the public rising to speak, the public hearing was closed, and the matter placed before the Board. April 2, 2003 (Regular Day Meeting) (Page 24) Ms. Thomas said she would suggest that Condition No. 1 be replaced with a condition reading as suggested by Mr. Biel: "The area of assembly shall be limited to a maximum 93-seat sanctuary or the maximum allowable to meet Health Department and Zoning Ordinance regulations, whichever is the lesser number." New Condition No. 8 would say: "Prior to issuance of a zoning clearance, the area within the existing right-of-way will be cleared to improve sight distance." Since the County cannot require a guardrail, she thinks the Board should be silent on that so Condition No. 9 would be eliminated. However, the applicant should recognize that they might be setting themselves up for an unsafe situation. She offered motion to approve SP-2002-074 with the conditions as stated above, plus the other seven conditions recommended by the Commission. The motion was seconded by Mr. Bowerman. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. 1) 2) 3) 4) 5) 6) 7) 8) The area of assembly shall be limited to a maximum ninety-three (93)-seat sanctuary or the maximum allowable to meet Health Department and Zoning Ordinance regulations, whichever is the lesser number; There shall be no daycare center or private school on the site without approval of a separate special use permit; Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties (including RA zoned property); Prior to zoning clearance, construct a right-turn taper or radius per VDOT regulations; Subject to site plan approval; Health Department approval of well and/or septic systems; While the church use authorized by this special use permit exists, no uses authorized by previously approved special use permits for a country store shall exist; and Prior to the issuance of a zoning clearance, the area within the existing right-of-way will be cleared to improve sight distance on Twinkling Springs Lane (immediately south of proposed church parking area as shown on the sketch plan in Attachment F). Agenda Item No. 15. Appeal: ARB-(Sign)-2003-06, proposed by Hightech Signs for Freestyle Store, 475 Westfield Road. Ms. Margaret Maliszewski, Planner, said there are two signs involved. The proposal included a new sign to be installed on the building and a new face for the existing freestanding sign. The proposed wall sign consisted of internally illuminated channel letters reading "FREESTANDING" and an internally illuminated logo box depicting a mountain/wave graphic. The ARB determined that the size and scale of the graphic in relation to the letters would make internal illumination of the graphic inappropriate. One ARB member did suggest that reducing the size of the graphic so it is more in line with the channel letter size might be acceptable. The applicant did not want to reduce the size of the graphic so that concept was not pursued any further. Ms. Maliszewski said the ARB approved the wall sign with the condition that the graphic not be illuminated. The freestanding sign was proposed to say "FREESTYLE, Your Source For Adrenaline Sports!" all on a white background, with all portions of the face of the sign to be illuminated. She said the ARB typically requires that the backgrounds of internally illuminated signs be opaque so that at night when the sign is lit, only the message portion of the sign is visible. In keeping with that, the ARB approved the new face for the sign with the condition that only the word FREESTYLE be illuminated. The ARB did not say the graphic could not be displayed. They limited the amount of internal illumination. The ARB pointed out that external illumination is always an option. Ms. Maliszewski said the ARB is aware of the need for more specific guidelines on issues like this. They have been working on revisions to the guidelines, and have set a tentative schedule for completion of that work. Revisions will include more specific guidelines on illumination and general use of graphics. She said the ARB looks at many different things when they review any proposal before them. While they are working to outline more specific sign guidelines, they also look at the context of each site, and the particulars of each building. What may work for one site, or one building, may not work for every request. Mr. Bowerman said they are inferring that on this site that internal illumination will not work except for the message part of the sign. He asked if the building sign is illuminated. Ms. Maliszewski said "yes." Mr. Rooker asked if this has been consistently applied. Ms. Maliszewski said it is consistently applied as much as possible because of the difference in buildings and their relationship to the different corridors. Mr. Dorrier said this is not a public hearing. Mr. Davis said typically the Board has allowed the applicant to address the Board. Mr. Frazier Salisbury, Attorney, was present as a participating attorney with the Rutherford Institute, also represented by Stephen Aden, Chief Litigation Counsel. He said they represent the applicant, Mr. Ben April 2, 2003 (Regular Day Meeting) (Page 25) Foster, who is also present, as is the owner of Freestyle, Mr. Seth Kober. They have concerns about specific conditions placed on these signs by the ARB. They have concerns about the guidelines that the ARB allegedly operates under, and the process by which the ARB operates. Mr. Salisbury said the ARB approved these signs saying the graphic on the building portion of the sign may not be internally illuminated. There was also some concern expressed about size relationship between the logo and the name of the store. On the freestanding illuminated cabinet sign, the ARB said that anything other than the word FREESTYLE is background. Typically they insist that background be blacked out at night when the sign is illuminated. He said both signs are absolutely consistent as to the use of the logo, the use of the color scheme and the text fonts. Mr. Salisbury said they are appealing the conditions because they feel the conditions are in themselves unconstitutional, and the process used by the ARB is unconstitutional. They believe the method by which the ARB operates and utilizes its guidelines is unconstitutional. That is because the conditions placed upon this sign impose a subjective unwritten standard prohibiting Iogos or text other than the name of the store. No where is there any guideline that prohibits the illumination of Iogos or the illumination of text graphics. During staff's presentation, the term "typically the ARB has only permitted the message portion of a sign to be illuminated" was heard. They believe the message portion of the freestanding cabinet sign is all of the words and the logo combined. They feel there is inconsistency in how the ARB arrives at that ruling. That is an unwritten subjective standard without any rational basis. They believe it displays an abuse of discretion granted to the ARB by the Board of Supervisors. Mr. Dorrier said the Board allows the applicant to speak for five minutes, so he did not want Mr. Salisbury to get bogged down in constitutional issues. Mr. Salisbury said he thinks it is important to identify those issues for the Board. They feel the process is unconstitutional. He said there is no question that commercial signs have a protected status. But, if the County is going to restrict them, as the County can and does, the restrictions have to advance a substantial governmental interest, and they can be no more extensive than is necessary to meet that substantial governmental interest. They contend that these restrictions are not tied to any specific governmental interest. They are merely tied to what members of the ARB have determined is aesthetically pleasing and is appropriate to their standards of taste without any guidelines to address them. He said any permitted regulation of private speech requires clear and objective standards. He said the ARB has standards and guidelines. He is responding to those that bear a draft date of June 19, 2002. Looking at those guidelines, there are 11 general guidelines for signs within the entrance corridors. Of those 11, none of them apply to this case, except, arguably, the first three that are: the sign is to complement the building, the sign is to avoid glare, and the third disfavors internal illumination. Mr. Salisbury said those guidelines are so vague that they leave complete and unfettered discretion to the ARB, such that a citizen business owner has no way of knowing in advance what they can do with their building. That was important to Mr. Kober when making his decision to relocate his business to this location. The ARB has specific guidelines for illuminated cabinet signs. One of those guidelines is for a non-illuminated background. What they see as the constitutional deficiency is the interpretation. The ARB said that when you look at the proposed sign, everything is background except the word FREESTYLE. That does meet dictionary definitions, or common understanding of the word "background." They believe "background" is the white space. Their guideline has been extended to include "non-illuminated background", but in their interpretation "background" includes Iogos and any text other than the name of the store. Mr. Salisbury said they think the unconstitutional approach to this is reflected in the report from the ARB. They talk about the wall logo portion. They say internal illumination of that logo is inappropriate unless it is smaller. What is the rational basis for that? They are basically saying they don't like the looks of the sign. They interpret "background" to include everything. The ARB acknowledges that their guidelines do not apply to everything in the entrance corridor. There are exceptions for developments that have had a comprehensive review of their development, such as shopping centers where the lessors have sign requirements. They think there is an equal protection problem, as well. There are many businesses within sight of this business with fully illuminated cabinet signs. This business is lost among all of those other signs. This business fronts on Westfleld Road and its sign limitations are based on frontage on Westfleld Road. It is set a considerable distance back from Route 29. The effect of these matters of taste by the ARB without appropriate guidance has the effect of limiting the development of this business, and other businesses, in a manner inconsistent with what has happened in that area previously. Mr. Rooker asked if those other signs were put up before or after the guidelines went into effect. Mr. Bowerman said the Penske Truck Rental Sign was there when that location was a Texaco station. Mr. Dorrier said there were comments that this is not tied to governmental interest and restrictions. He asked if these restrictions are not tied in governmental interest. Mr. Davis said they are. From a land use context, this ordinance is not unconstitutional. It has very defined purposes to protect the historical character of Albemarle County. It has been consistently applied. The constitutional issues are important issues, but are not the issues on which this Board should focus today. The issue is whether or not the treatment of the logo is consistent with the guidelines for the corridor, the guidelines adopted by either this Board or the ARB for implementing those guidelines. The other issue is whether or not that is a reasonable requirement under the circumstances taking into account the specific character of this building in April 2, 2003 (Regular Day Meeting) (Page 26) relationship to the corridor. He thinks the issue has been boiled down to whether the logo is backlighted or not on both signs. The Board needs to look at that and decide whether it agrees with the ARB as to whether that is a reasonable requirement. Mr. Martin asked about setting up a committee to look at the sign ordinance. Mr. Tucker said initially there were three areas to look at in the sign ordinance based on the issues raised by Mr. Slonaker. A review of the entire sign ordinance would follow that. It may be a month to six weeks before that committee can be formed. Mr. Davis said there is a process already under review, and that is the ARB guidelines for signs. ARB staff is working with the ARB and proposing more specific guidelines to deal with some of these issues. That will come to this Board in the near future. Mr. Martin said the Board talked about this a month ago, and he thought formation of a committee was moving forward. It has been many years since the sign ordinance was enacted. As a lay person he does not know that if the logo is background or whether the white is background. Mr. Bowerman said until the speaker's presentation this morning, he thought the logo was part of the company's name. On the other hand, he looked at the background of the proposed signs as being contrary to that, and that is a little inconsistent. Ms. Thomas asked if the Board should be looking at the guidelines and deciding if they have been appropriately applied. Mr. Bowerman said in terms of the sign on the building, it looks too big and leaves him questioning what standards were applied. He does not know if it is too big or not. Ms. Thomas said that was just one person's comment. The decision of the ARB was that it not be illuminated. Mr. Rooker said if one reads the minutes of the ARB, it appears they think they have consistently applied the standard. He does not think this Board can judge constitutional law. But, this was not a divided decision by the ARB, and they make these decisions in a consistent manner on a day-by-day basis. He does not think they diverted from the consistency of their interpretation. If some judge ultimately rules that the interpretation is unconstitutional, then so be it. He is convinced that they have attempted to apply those standards in a consistent manner. Mr. Bowerman said he agrees that "consistent manner" definitely applies to freestanding signs. Is it clear from the ARB minutes that not allowing the sign to be internally illuminated was not based on size, but was based on the same standards that are used for the freestanding signs? Mr. Rooker said he thinks the Board is using the same standard unless it wants to get into the standards the ARB operates under. If you review the ARB minutes, it appears that they have been operating consistently. Without going back and looking at every approval and then comparing all approvals to this one, this Board has to rely on the facts before it. Mr. Bowerman said this is the same as the Fuji sign. Mr. Martin and Ms. Thomas agreed. She said the Board is certainly consistent for the last six months if it says that the background consists of everything except the letters, particularly on the freestanding sign. Mr. Martin said he thinks there needs to be a committee to look at the bigger picture. Is that consistency wrong? He is not thinking about it being constitutionally wrong. Is the County just talking about aesthetics or is the County benefiting from having evolved into having that standard? Is there a benefit to the County, and if not, why are we doing it? That is not the issue before the Board today. Today, if the Board stayed consistent, it would do the same thing it did the last time. That is why he thinks it is important to get that committee working. This is the same situation as with cell towers. When the Board finally got to the point where it wanted to be, it started looking at other things leading to over-regulation. Mr. Rooker said the greatest changes in the aesthetics in this community have resulted from the ARB doing its work. Look at the changes that have occurred at Pantops. The entire entry to the community coming in that direction is much better than it was. Mr. Martin said he agrees. He asked if that is because only the freestanding signs can be illuminated? Is that wise? Ms. Thomas said she thinks so. When driving around at night, she thinks that because of the consistency, even with such things as having landscaping throughout the corridor, it is making an impressive difference in the entrance corridors. Not having the freestanding sign back lit except for the channel letters, as you go up and down Route 29, is making the same kind of amazing improvement. In fact, they catch the eye because you are looking for the words instead of all the different Iogos. The driver is paying more attention to those words. She thinks that every business is profiting from the fact that the County is not letting any one business go with a striking logo that overshadows the words. She feels confident in that part of it. But, the County needs to be sure their guidelines are clear to applicants. Mr. Rooker said in this case, given the decision the Board rendered on the Sushi sign, and other April 2, 2003 (Regular Day Meeting) (Page 27) signs, the applicant had to know how that standard was going to be applied to this sign. He finds it hard to believe this applicant did not know this sign would be rejected in the same manner as past signs that have come forward with this same kind of approach. Mr. Davis said it is important to point out a couple of things factually. This is a content neutral regulation. The message is not what is at issue here; it is the visual impacts of that relationship to the entrance corridor. Secondly, the Board is only dealing with an internal illumination issue. The ARB has clearly indicated that they ware willing to approve a sign that is lighted externally which would display the logo at night, but not in a way that would be as visually distractive to the historical corridor. It is not content based; it is something that is based on a consistent desire to have a uniform look for the historic corridor that is in keeping with the historic corridor. He said the only issue before this Board is whether or not that logo part of the sign can be illuminated. The background is not at issue; it will not be illuminated. Whether or not the part of the message that is a logo should be illuminated is not consistent with the guidelines in the application. Clearly, this Board has addressed in the past that Iogos can be regulated in the land use context. They are not required to be presented on signs in the way, and in the colors, that they feel is their trademark logo. That is not the issue before the Board today. The issue is whether or not lighting this logo is consistent with the application that the ARB has been using to regulate the historic corridor. Mr. Bowerman said he thinks it is true that the logo is part of the name. Maybe the way these are treated verbally is important because both together make up an impression of what the company is. Even though a logo is not letters, it does represent the image of the business. Mr. Martin said he remembers when cars used to have the name across the side and across the back. Now, all one sees is a logo. Mr. Rooker said the logo on the freestanding sign is clearly half of the sign. It is much larger than the lettering. Mr. Bowerman said he believes it is meant to convey that the business deals with mountains as well as with oceans. Mr. Dorrier asked the pleasure of the Board. At this time, Mr. Rooker moved that the Board uphold the decision of the ARB on ARB-2003-06, Freestyle sign. He said there would be a committee looking at the Sign Ordinance soon. Mr. Tucker said the ARB guidelines would get to the Board quicker. Mr. Martin said he thinks there should be some people with more expertise than he has looking at the guidelines. If he reads the guidelines and they talk about something only being "X" amount of inches, he can't visualize that. Mr. Tucker said people who are knowledgeable about signs have developed the guidelines. Those guidelines will come to the Board some time this summer for review. Ms. Maliszewski said when the ARB has finished with its draft, it will be sent out to all the sign companies the County regularly deals with. Mr. Martin asked if that is for a public hearing. Ms. Maliszewski said this would be a session for the ARB to hear comments and incorporate whatever changes are needed. Mr. Dorrier asked if there were a second to the motion to uphold the ARB's decision on this sign. Second was made by Mr. Bowerman. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Mr. Tucker said a group the Board will appoint would deal with the three sections of the Sign Ordinance brought up by Mr. Slonaker immediately. It is hoped that will take only a couple of months. After that is done, then there will be a committee appointed to look at the entire Sign Ordinance. That will take a lot of time. June is when the ARB guidelines should be back to the Board. Agenda Item No. 16. Strategic Plan Progress Report Mr. Tucker said in the spring of 2002, the Board initiated the County's strategic planning process. As a result of staff's ongoing strategic plan implementation efforts, it recommends combining the two separate customer service objectives into one for clarity and focus. Attachment 1 of the staff's report is a copy of the ten priorities of the strategic plan, including the Board's recommended changes from its January work session and this additional modification for customer service. Attachment 2 gives information regarding the County's 2002 overall progress in relation to the strategic plan. Mr. Tucker said staff would try to complete the County's strategic plan document in June and present it to the Board for approval after June 30. Today, staff requests additional guidance based on what the Board has seen. Plans will be made soon for the Strategic Planning Retreat in the fall of 2003 to April 2, 2003 (Regular Day Meeting) (Page 28) review the County's long-range forecasts, annual progress and to make any needed adjustments to the County's strategic direction. Mr. Rooker said when talking about "future action", he thinks that is to select the next area for a master plan, and to develop a schedule for implementing the master plan. He mentioned that on Page 7 of the Quarterly Progress Report, Priority Objectives, under "Highlights" it says "Hired a consultant to conduct sample facility evaluations to be used in the development of a specific environmental management system for Albemarle County." He asked the name of that consultant. Mr. Tucker said it is through the County Attorney's Office. Mr. Davis said he would send this information to the Board members. Ms. Thomas said on Page 6, under "Future Actions" it says, "Establish public forums for sharing of concerns to be addressed with the plan." She wants to be sure the County is participating in the forum that is being put together by the Rivanna Authority and others so it is not duplicated. Mr. Rooker mentioned Page 9, where it reads: "Received enabling legislation for flexibility in developing an affordable dwelling unit (ADU) ordinance." He asked what plans there are for creating an ordinance. Mr. Tucker said the Housing Committee is working on that ordinance. Ms. Thomas asked if the Comprehensive Plan amendment would be ready soon. Mr. Cilimberg that is the first step. There is a meeting next week where that will be discussed. Ms. Thomas mentioned Page 10 and said she wants to be sure that the Albemarle Neighborhood Association is one of the external customers mentioned. Mr. Rooker said on Page 12 it speaks to "effective and efficient service to the public". He said legislative efforts for a more equitable tax system needs to be addressed here. Mr. Dorrier suggested that the Board and the School Board meet with the local legislators early this year. Maybe there could be a series of meetings and some concrete proposals formulated. Mr. Martin said he thinks it is important to bring the School's constituency in on that effort. Just this Board and the School Board meeting with these people will not have the same impact. Mr. Dorrier said he would work with the School Board Chairperson to set up a meeting. Agenda Item No. 18. Closed Session: Personnel Matters. At 1:05 p.m., motion was offered by Ms. Thomas to 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; under subsection (7) to consult with legal counsel and staff regarding specific legal matters requiring the provision of legal advice relating to an agreement between the County and other political entities; and under subsection (7) to consult with legal counsel and staff regarding specific legal advice relating to pending litigation concerning the Police Department. vote: Mr. Martin seconded the motion. Roll was called, and the motion carried by the following recorded AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSENT: Mr. Perkins. Agenda Item No. 19. Certify Closed Session. At 2:05 p.m. the Board reconvened into open session in Room 235 (Note: Mr. Perkins was present at this time.) Motion was immediately offered by Mr. Bowerman that the Board certify by a recorded vote that to the best of each Board member's 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. vote: Mr. Martin seconded the motion. Roll was called, and the motion carried by the following recorded AYES: Mr. Rooker, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Mr. Martin. NAYS: None. ABSTAIN: Mr. Perkins. April 2, 2003 (Regular Day Meeting) (Page 29) Agenda Item No. 21. Call to Order. The meeting was called back to order at 2:06 p.m. by Mr. Dorrier. Several Planning Commission members were present: Mr. William B. Craddock (arrived at 2:59 p.m.), Mr. William W. Finley, Mr. William D. Rieley (arrived at 2:21 p.m.) and Mr. Rodney S. Thomas. Agenda Item No. 22. Rural Areas Section of Comprehensive Plan, Discussion continued from March 5, 2003. Mr. Benish said that on March 5 there was a joint work session to go over major topics on which a consensus was needed by the Planning Commission and the Board. The work session today is to provide the Board and Commission with a summary of staff's findings. Also, staff has provided information on family divisions that was requested by both bodies, and a copy of the guiding principles established by the Commission. Ms. Lee Catlin said the first topic is a final review of the Rural Area material. Ms. Thomas said she left the last meeting despondent, and this morning put into words a few of the things that she feels are lacking in what is being done. She referred to a paper called "What We Should Be Looking At" which she distributed today. She said the Board has a commitment to preserve the Rivanna Reservoir and needs to do a much more serious job than what has been done to keep development in that watershed to a minimum. She said Virginia has a commitment to protect the Chesapeake Bay. Unless the County gets more serious about development in the entire County that lies in the Chesapeake Bay watershed, the County will not be doing its part. A disperse pattern of development will overwork the road system. She referred to the report of the Eastern Planning Initiative that showed that a billion dollars can be spent on needed roads or people will spend 44 percent of their travel time in congested conditions. She said there are limited tax revenues to spend on infrastructure anywhere. If they are put in the rural area they won't go in the urban area just because they are limited in the amount that can be put anywhere. The more that is done, the more it will exacerbate sprawl and the urban area won't be as desirable of a place to live (Note: See letter that is on file in the Clerk's Office.) Ms. Catlin asked if any Board members had comments about Attachment A. Mr. Rooker said he thinks it reflects what was discussed at the last meeting. Mr. Bowerman asked if the members of the Planning Commission are going to attend this session. There are only two members here and that is unacceptable to him. Mr. Dorrier asked if there is any information included on the Rural Rustic Roads Program. Ms. Catlin said "no." Ms. Thomas said she had two concerns. One has to do with use of a central water system. She said the directions given to Peacock Hill when they developed their central water system were that they were to have one gallon of water per minute per house. They ran a 48-hour pump-out. She thinks the County still asks the same thing today for a central water system, and the Peacock Hill system failed. It failed more because of management than because of geology. It is a good example of a good system, so the County should learn from that about central systems. Mr. Rooker said at the last meeting, he raised this issue. He thought the direction of the Board was not to spend a lot of staff time looking into central systems. That did not seem to be the majority view of that meeting. Mr. Finley said central systems work if they are properly maintained. Mr. Rooker said Ms. Thomas gave an example, but there are probably ten to twelve such examples in the County where the system started out fine and then failed and the County had to come in and bail out the system. Mr. Martin said at that meeting, Mr. Bill Edgerton, as an engineer, stated the same thing that Mr. Finley just stated. It was his position that just because something did not work 50 years ago does not mean it will not work now, and the concept should be explored. Mr. Bowerman said regardless of whether or not a central water system can work, the development policy it might promulgate might not be something the Board is willing to undertake because it allows for dispersion of population throughout the rural area. Mr. Martin said it was proposed by staff that if the County went to PUDs or any clustering options, that might be what is needed. Also, two engineers said it was possible, so he went along with the inspiration of it. Ms. Catlin said the thrust of the Board's direction was focused on technology exploration. Mr. Rooker said the directions to staff clearly state, "it is not the intent that central systems would be a mechanism for encouraging development or that they would create additional development that couldn't April 2, 2003 (Regular Day Meeting) (Page 30) otherwise occur with private systems or individual systems." Mr. Finley said his remark related more to waste disposal systems that can work if they are maintained. As for groundwater, no one knows much about groundwater. Mr. Perkins said he thinks it would be better to have one central system than 20 different wells at 20 different houses. Ms. Thomas said she has a problem with a central system because when that one well fails there are 20 houses without water. Then, they want public assistance. Ms. Catlin asked if the wording of this direction concerning center water and sewer systems captures enough of what the Board wants to allow staff to move forward with its work. Mr. Rooker said he thinks this is where the conversation ended at the last meeting. Ms. Thomas said she thinks the RPD development will make it easier to develop the rural area, and is sensible if there is to be development anyway. If there is to be any change in the directions given to staff, that would be to hasten the design standards for the RPD because state law is changing, and RPD's will become by-right if allowed at all in the County. The County will only be able to control them by the standards developed in advance of that change in state law, and not for each individual project. Ms. Catlin asked if that gives the County greater control. Ms. Thomas said neighborhoods will have no say, the Planning Commission will have no say, and everything will be by standards. That means the County needs to be very skillful in the standards developed. Mr. Rooker said RPD's would be by-right if the County allows them at all. When they become by-right, they are subjected to a series of subjective requirements. Ms. Catlin asked if a note of urgency should be added to the development standards for the RPD section. Ms. Thomas said "yes." (Note: Mr. Rieley arrived at 2:21 p.m.) Mr. Finley said he had a question last time, but the following wording is still a part of the Rural Preservation Developments section: "Establish a percentage for the preservation tract in relation to the overall acreage of the development (i.e., at least 75 percent of the parcel being developed must be in the preservation tract)." He said 75 percent sounds like a large number. Ms. Catlin said that was used as an example, but was not intended to reflect a hard number at this time. The percentage recommendation will emerge from the work that will be done. She suggested moving on to discuss "family divisions," Attachment B to the staff's report for this meeting. Staff suggested that the County consider the following strategies: Staff will research family divisions to determine their compliance with ordinance standards. Staff will evaluate family divisions in conjunction with other methods of subdivision during the review of the Comprehensive Plan. Evaluating the qualifications for family divisions, including extending the length of time required for family ownership, will be included in a review of family divisions. Mr. Dorrier asked how Albemarle County established a two-year time limit for holding a family division before the property can be sold to a non-family member. Mr. Cilimberg said it was actually one-year until the last review of this section in 1998. Ms. Thomas said there was a particular developer who set an egregious example of subdividing land in as many ways as possible and still call it a family division. There was no way his children could have used as many lots as he had assigned to them, so changes were made in the process. Mr. Rooker said there is currently a provision that says "the agent shall be satisfied that the family divisions are not sought for the purpose of circumventing the requirements of the subdivision ordinance." He would suggest that provision has never been invoked. He does not think the agent will ever make that determination. He referred to the list attached to the staff's report that shows other localities, and what their holding periods are, and said the longest holding period is five years. Mr. Martin said he would have no problem raising the limit. He thinks it is important for families to be able to buy the property so that children and grandchildren can have lots. On the other hand, he is talking about people who will make their home there and live there the rest of their life. The holding period is not that important to him as long as the County emphasizes the importance and need for those family division rights. Ms. Catlin asked if the Board wanted staff to look at the holding period. April 2, 2003 (Regular Day Meeting) (Page 31) Mr. Dorrier said he mentioned it only because he wondered where the "two" came from. He thinks two is a good number. Mr. Rooker said he would prefer that the holding period be increased. It basically exempts a large amount of land from subdivision requirements for a particular social purpose. He thinks that is fine as long as the purpose is achieved. He thinks it is reasonable to do a family division to set aside lots for children and a five-year holding period by the person doing it should contemplate that there is some permanence to what they are doing. Ms. Catlin said there seems to be consensus on that bullet. She asked if anyone had another suggestion. Mr. Rodney Thomas asked if it was a family division and they wanted the child to have the property instantly, would they apply for a waiver? Ms. Sally Thomas said that the child could have the lot immediately they just cannot sell it. Mr. Finley said people die, people go into the military, etc., and to have their rights to sell tied up for five years is a long time. A family division assumes a person will live there the rest of their lives, but people do die, and maybe a wife needs to dispose of the property. Ms. Catlin said there is no need to decide on a time limit now, but she assumes the Board members think that is something that should be looked at. She then suggested that the bodies look at Attachment C, Guiding Principles for the Rural Area. As the Planning Commission uses these as a basis for their work, is there anything that needs to be discussed? Ms. Thomas referred to No. 7, which says: "Provide levels of service delivery in accord with the Facilities Planning goals of the Land Use Plan." She said those goals make it very explicit that in the rural areas, they cannot expect the same level of service as would be expected in the urban area. Mr. Rieley said it is very explicit. Ms. Thomas said the wording is so technical that the meaning gets lost. She asked if on No. 4 "Address the needs of existing rural residents without fostering growth and further suburban of the Rural Areas" could be changed to say "Address the needs of existing rural residents" period, and then have a separate point that the Board does not want to foster growth and further suburbanization of the Rural Areas. Ms. Catlin said that would strengthen the second part of the sentence. Ms. Thomas said that is her suggestion. Mr. Rieley said that is a good suggestion. Ms. Catlin asked if everyone agreed to that change. Mr. Dorrier asked if there are already 60,000 subdivisions in the County. Mr. Rooker said "no"; there is the potential for 60,000 lots. Ms. Thomas said she thinks that is what this whole exercise is about, answering that question. How does the County not foster growth and encourage suburbanization of the rural areas. Everything in these principles is in positive terms, and she thinks that is the way it should be. Mr. Rooker said all have operated under a Comprehensive Plan that says that growth is to be encouraged in the Development Areas, and discouraged in the Rural Areas. This is not a new idea. Mr. Dorrier asked if there should be a provision that talks about vineyards, grapes, and the wine industry. Should they be specifically encouraged? Ms. Catlin asked if it should be more explicit than lA about Agriculture. Mr. Perkins said if only one such activity is mentioned, it will leave someone else out. The horse industry is probably the biggest agriculture activity in the County. Ms. Catlin said it seems to be the feeling that to mention just one industry might unbalance the general nature of what is being done. Mr. Rooker said he agrees with that statement. Mr. Martin mentioned No. 5 "Develop tools to direct residential development into designated Growth Areas...." He asked if the word "encourage" should be used. Based on the conversation today, he thinks the Board is trying to encourage development in the growth areas, not tell people they have to live in designated growth areas. He does not want it to seem as if the wealthy are living on their estates in the rural areas, and "the rest of us" are forced to live in the designed growth areas crowded on top of each other. He has some of those sentiments when talking about some of the things Ms. Thomas mentioned such as protecting and enhancing the rural quality of life. Mr. Dorrier mentioned No. 11 as "Strive for better understanding and coordination of rural area land use planning with neighboring counties." He asked if the City of Charlottesville and the University are included. Mr. Cilimberg said they do not have any rural areas. Mr. Rooker suggested changing the word "counties" to "jurisdictions." Mr. Dorrier agreed. April 2, 2003 (Regular Day Meeting) (Page 32) Ms. Catlin said she assumes everyone is happy with what has been discussed this afternoon about the rural areas so that staff can move forward with their work. Agenda Item No. 23. Work Session: Crozet Master Plan. Mr. Cilimberg said The Renaissance Planning Group-Nelson Byrd Landscape Architects, were retained as technical consultants for the Crozet Master Plan project in June 2002. After extensive public involvement during the summer and fall, a Framework Plan was developed and discussed at a joint work session with the Board and Planning Commission on December 16, 2002. The Board subsequently adopted a resolution of support for the Framework Plan, accepting it as "a preliminary guide and foundation from which future Master Plan activities, products and policies will proceed." The technical consulting team hopes to accomplish the following objectives at this joint work session: 1) provide preliminary information on implementation needs and strategies in Crozet; 2) proactively engage the Board and Commission in discussing and evaluating implementation options; and, 3) gain an early indication of decision-makers' preferences in approach(es) to meeting identified needs. Mr. Cilimberg said what the consultants present this afternoon would be a real shift in how everyone thinks about dealing with issues. This is about how to approach urban planning, and the overall planning of the county. He said the Development Areas have been designated in the Comprehensive Plan for many years and there have been infrastructure recommendations in the Comprehensive Plan for many years. There are recommendations for development of those areas that require various forms of implementation. The discussion of implementation has never been taken to the point that this master plan process takes the County. The future of the County is dependent on the decisions regarding implementation that the Board will have to make. He said the implementation piece has been a critical part of the discussion in the community. There has been extensive public involvement. The public wants to know how this Crozet Master Plan will happen. Staff knows it will not happen in just a few years, it is a long-term process. The discussion today is not intended to focus on the elements of the Crozet Master Plan as it stands now. That is still being pulled together and will be finalized ultimately for the bigger presentation to the Board in June. Ms. Becky Clay Christensen said she was present to set the stage for what will be presented. This is a two-part work session. The first part is to educate the two bodies on the implementation process and then to engage the two bodies in the process. She said there has been a lot of discussion with the community about where the boundary lines should be drawn, and where different uses should be located. They have also asked what will need to happen in the County to bring about the changes being recommended. Mr. Ken Schwartz with the Renaissance Planning Group spoke next. They are the technical consultants for the Crozet Master Plan. He said Warren Byrd with Nelson-Byrd Landscape Architects with give a brief introduction about the plan. The plan has gone through an evolution since these bodies saw it in January. The purpose today is not to focus on the master plan itself, but on implementation. Mr. Byrd said he will point out some of the key changes which have occurred since the plan was seen last. This plan starts with preserving and enhancing the critical aspects of Crozet. First is the "downtown area." Second is the Lickinghole Creek Basin. Third is the preservation and enhancement of Route 250 and a portion of Route 240 in the ConAgra area. Part of that is preservation of the historic sites in the development area. Mr. Byrd said in the development area, the idea is to create pedestrian-friendly, walkable communities with connectivity between various parts of the master plan. He said they focused on new growth in the downtown area, and on the western and eastern parts of the development area with each focused on a small central park. Based on their discussion with the community and the County, they are looking at the adjustment of the development area boundaries to incorporate some of north downtown. Currently, that boundary is along Route 240. They are suggesting that, in combination with a sedimentation basis, that part of the watershed be included in the fringe area boundary. It makes more sense to keep Crozet on both sides of the railroad tracks. It will help incorporate existing neighborhoods, particularly the existing schools, and gives more flexibility on how to incorporate the use of those facilities. It is not intended to add that much literal growth area. Mr. Byrd said related to that is the idea that even though it makes sense to have the area to the southeast in the developed area from a watershed point-of-view, it makes less sense from a topographic, environmental point-of-view because it is very difficult to develop. That is why that area is shown as more rural related, Iow-density. They are suggesting this could or could not be part of the boundary adjustment for the developed area boundary. They also adjust the fringe areas of that original developed area. An important aspect of their thinking about the fringe areas is on Route 250 between the schools and Interstate-64. They would like to see this area as a part of that open space and the rural preserved area that would take some doing because there exists commercial property in that area. The idea is to move attention to the downtown area. Mr. Byrd said they kept in the plans the important western avenue connection from Jarmans Gap Road down to Route 250. They are also showing an eastern avenue connection across Lickinghole Creek. It crosses the railroad tracks between ConAgra and Acme in response to citizen comments. They have shown various degrees of mixed uses and densities. He then offered to answer questions. April 2, 2003 (Regular Day Meeting) (Page 33) Mr. Schwartz said the master plan would include several components. It will include a map and design guidelines for the various areas throughout the Crozet community. There are also land use issues tied to the map and guidelines. He said implementation strategies are an essential part of the work that the consultants will culminate in mid-June. Mr. Schwartz said this plan is being drafted because the Neighborhood Model is a better alternative for the community. It is a matter of public policy. They use the assumption that concentrating development in development areas will lead to opportunities and have positive outcomes. It is the consultant's job to determine how that can work in this, the first development area to be studied under a master plan. There are costs associated with growth, and they will be present whether channeled into a development area configuration or in some other form, sometimes hidden forms, with a growth in population from 3000 to 12,000. Mr. Schwartz said he would mention where responsibilities lie according to the consultant's assessment. He gave a slide presentation of the development area. He said things break down into three geographic positions, each of which has particular implementation possibilities, and staging implications. How much things cost, how do things get paid for, what are the options, and "when" is a key issue regarding staging. What are the first steps to happen? He said "why" speaks to community values in trying to reinforce wherever possible the historic patterns of development in Crozet. Mr. Schwartz said there are a couple of basis points. Under the Master Plan as currently described, there are approximately 4500 households, which is a population somewhere between 10,800 and 12,000+. The Comprehensive Plan calls for 12,552 that are essentially playing out the numbers in a by-right scenario. One important distinction between the Master Plan in its current configuration and a by-right development is the employment potential. Mixed use means there is the opportunity for some employment built into the community as opposed to Crozet functioning exclusively or entirely as a bedroom community. This has a profound impact over time on the nature of the community, the nature of traffic patterns, demands on the road system, and many other dimensions. There are costs built into what is being done with growth in Albemarle County. Mr. Schwartz said the local development community has been a part of this process since the beginning. They are active participants and are very eager to see how their work coordinated with the intentions of the master plan. Mr. Schwartz said he would mention the three players and their roles and responsibilities. They are Schools, Libraries, Parks & Recreation and Greenways, which are traditionally and reasonably a function of local government. There are services such as Fire/Rescue, Police and Social Services. There are also things they are calling "Connections/Flows" which are processes that include solid waste, recycling, water and sewer, and transportation and all the related elements of transportation. Mr. Schwartz said that local businesses, the development community, primarily have several unique responsibilities, and are in a position to do certain things very effectively. Local business development on a small scale at the center of neighborhoods in various types and various forms, as well as larger enterprises in the downtown and ConAgra area are the principal kinds of employment and economic development activities envisioned as part of the master plan. They are also the engines for neighborhood development. Within both the green field areas as well as in-fill areas within the existing Crozet community. (Note: Mr. Craddock arrived at 2:59 P.M.) Mr. Schwartz said they deal with connections and flow because in many instances they will be the ones building the roads and implementing a system of interconnection that is important to the notion of the Neighborhood Model and how it actually comes into being in Crozet. There has been a lot of interest expressed in the downtown area. A lot of ideas have been floated about downtown and Yancey Mill. There are specific opportunities for downtown that can move forward according to possibilities of local taxing. There are community grants and citizen initiatives that are part and parcel of what the local community can do. There are issues of local governance that will be part of the implementation plan. How is the local community engaged in new ways in collaboration with the Board of Supervisors and the Planning Commission to assure that everyone is playing a positive role in working toward the eventual outcome of this design? A "Crozet Trails Foundation" is a logical way to advance the open space initiative of the master plan. In other words, all of the responsibilities do not rest with County government and all do not fall to the private sector. The local community can play a role. Mr. Schwartz said he would take the two bodies on a virtual tour of three areas in the master plan. There are specific implementation implications in each of these three areas. First is the downtown area. He said connections to this area are critical, but are very difficult because of the railroad tracks, and because of the neighborhoods that are not interconnected effectively. They are recommending an east-west street to the south of the CSX Tracks. He said Main Street is important because it provides an additional link running east-west. Building Main Street will not occur quickly, but in order to get it started there is an implementation step that should happen immediately, that is the link between Crozet Avenue and the Barnes Lumber property. When that road is completed, the square is freed up, a pedestrian safety issue is solved and the light under the underpass is solved. Main Street continues further to the east into other development areas. Mr. Schwartz said a second step might involve other pieces such as the location of a new library on Crozet Avenue, which in conjunction with western Crozet Avenue would be a catalyst for civic identity to the April 2, 2003 (Regular Day Meeting) (Page 34) downtown area. Other issues concerned overlay districts in regard to historic and design standards, as well as the possibility of a community service district to help fund certain kinds of improvements which are unique to the downtown area. Mr. Schwartz said Eastern Avenue has its own set of issues. There is a north-south connection to the east of Crozet Avenue. ConAgra is at the top along with Acme Pickfile. Crossing the CSX tracks there are significant development areas on either side of Eastern Avenue that extend off of Cory Farms. In regard to this, a few days ago they invited representatives of each of the task groups from the Crozet community to their offices to get their views on some of these ideas. One of the more interesting comments was whether Eastern Avenue should work north off of Route 250, or start off of Route 240 as a first step. There are reasonable arguments for either side of the issue. They think crossing the tracks would occur as either an underpass or overpass. It is not likely to be a grade crossing, as it currently exists in that location. That is an issue that is essential to traffic distribution in this portion of Crozet. One key issue has to do with crossing Lickinghole Creek. There is a crossing associated with a bridge, and how it connects through depends on the initial step of building that bridge which is not currently in any plan, nor is money available for crossing the CSX. There is an important decision in front of the County about which of those two steps should be requested. It is the job of the consultants to provide more specific ideas about cost and implications of those kinds of choices. Mr. Schwartz said the development community, in conjunction with the development process, would probably pay for this segment of Eastern Avenue, as would the cost associated with developing parklands, which are an important part of the recommendation in both the eastern and western portions of Crozet. Also important is the location for a new elementary school. The funding for an eastern park is noted as being both private and public. The land could be devoted to the public sector from the private sector, but the on-going cost of maintaining that facility is clearly a public responsibility if it is to be a public park. Mr. Schwartz said to the west of Crozet Avenue is a very large development area between Slabtown Creek and Lickinghole Creek. There is a significant area between those two streams, and another significant area to the north and a smaller area to the south set back from Route 250. There are improvements to Jarmans Gap Road in the plan that total about $10.0 million. There is about $5.0 million already in the pipeline for 2005, but the other $5.0 million needs to be expedited. A lot of the transportation issues that are of concern to the community focus on the western part of the town. Issues of travel and commuting patterns that go through Crozet now, and if they go through Western Avenue to the 1-64 interchange will depend on improving Jarmans Gap Road. From the new development area to downtown is less than one-half a mile. There are bridges and roads throughout the development area. He is not sure of the costs, but Western Avenue is the main road that organizes the western area along with other areas, as well. Mr. Schwartz pointed out a connection from Western Avenue to Crozet Avenue potentially going along the base of the hillside below The Meadows and tying onto the existing County road that leads to The Meadows. There is a park that is similar to the strategy for the park that is identified on the eastern side, as well. Staging issues are simpler on the western side or on the eastern side because they can start either from the south or from the north. Either one can provide access to the major area of development and the golf course, etc. Both ultimately need to be put in place in order to have continuity so the Western Avenue can exist. Mr. Schwartz then mentioned funding strategies. He said the local government has several options. They include the current revenue sources of property taxes, sales taxes, business taxes, water/sewer, other sources. There are new revenue sources from the same sources as a result of the growth that will take place. There are bonds and tax increment possibilities, a community service authority, a community development authority, and ways of identifying funds directed toward specific purposes. There is the VDOT funding which is already in the pipeline for Jarmans Gap Road. There may be other possibilities depending on where the County places its priorities. There are Federal grants. Business provides new development opportunities through proffers. Developers, according to the Nexus test, are not expected to make improvements beyond existing service standards, and they must be improvements that directly benefit their own developments. The local community also has the potential for funding possibilities both through grants and sweat equity. Mr. Schwartz said he would mention some key issues on which a response is needed. They think local government needs to facilitate the development process by encouraging, streamlining, and making it easier for the development community. To the extent that is done, the County would be encouraging development in this development area and making it more plausible for the private sector to do the right thing. This is a big issue that has been heard from the development community and the citizens of Crozet. It is important that the County government play a key role in partnering with the private sector in identifying funding opportunities. These would be for the Jarmans Gap Road, the Lickinghole Creek Bridge, the CSX crossing, and the main street example he mentioned earlier. Mr. Schwartz said as to services, collaboration with the School Board for new school development is a key issue. The neighborhood school is a fundamental center point to the eastern part of the Crozet growth area. That will require work and collaboration between the boards involved. He said they believe there will be a need to find new ways to do business within County government in order to implement an effective master plan in the Crozet community, or any of the development areas throughout the County. There needs to be a different way of interacting between the public and private sectors and between the public and citizens as a whole. In terms of the community's role, there could be some kind of community April 2, 2003 (Regular Day Meeting) (Page 35) governance system that worked by appointment from the Board of Supervisors to bring the energy of that community forward as an active participant in an on-going basis, not just in the context of helping to prepare the master plan, but in an on-going way to provide guidance, checks and balances, and activity on the ground. Mr. Schwartz said from the development community, development is expected to occur according to the Master Plan both as to Western Avenue and eastern avenue, as well as several important in-fill opportunities within the ConAgra/Acme area and the downtown area. Another area of development is from the southern approach at the store on the corner of Route 240/Route 250. It presents an opportunity for making a green gateway into the community. The multiple parties involved with the Crozet Avenue development, the library, the post office, and all of the properties west of Crozet Avenue and north of Jarmans Gap represent an opportunity for establishing downtown the way the community has desired for a long time. For the local community, property owners and merchants, organization of the downtown area is extremely important. It is a challenge. Mr. Schwartz said that eventually there would be suggestions in the master plan as to the importance of indicators or instruments for the community to assess how the master plan is working. Some communities have used the term "trigger points" which is a way to find ways to measure when things are not working, or when the County is not delivering on a necessary element that is key to the healthy growth within a certain area of the Crozet community. (Note: At 3:20 p.m., Mr. Dorrier called for a break. The Board reconvened at 3:30 p.m.) Ms. Christensen said this would be part two of the meeting today. She asked for Board and Commission comments about the presentation. They want to know how this master plan is consistent with current County policies, how it fits in with what is already the subject of discussion. She said this is a long-term plan so some of the seeds are things that are happening now. On the other hand, it may be felt that some things will not occur until the latter stages of the plan go into effect. Finally, where does this plan begin, where is the focus of the Board and Commission in the next two years? Ms. Christensen asked for comments on what the members feel is consistent with what is already going on in Albemarle County. Mr. Dorrier asked the build-out period for this master plan. Mr. Schwartz said it is 20 years. Mr. Rieley asked the value of the two bodies listing what is consistent with current trends. He thinks this has come directly out of the Neighborhood Model. Ms. Christensen said that is one answer. Part of the final master plan is to address where it is to begin today. Mr. Rooker said he agrees with Mr. Rieley. The Neighborhood Model has been adopted as part of the Comprehensive Plan. The Board just adopted the Neighborhood Model District Ordinance. The trend is in the Comprehensive Plan that is the guideline for the future. Ms. Christensen said if the Comprehensive Plan gives the history of this, what in this presentation indicated how far away the County is from realization of its goals. Mr. Martin said paying for a bridge, even though that is a new opportunity. Ms. Christensen asked if it just the bridge. Mr. Thomas said paying for a main street would be another. Mr. Martin said there are a lot of areas where the County pays in conjunction with VDOT for a bridge, and then someone else might build the roads. Mr. Tucker said the biggest stretch might be negotiating with CSX. Ms. Thomas said if the County got into the business of paying for bridges, there are other places in the County where a bridge is needed. Mr. Perkins said there is infrastructure the County will have to front load with the hope of getting that money back somehow. There are other kinds of infrastructure, such as for schools and libraries. Ms. Christensen asked if front loading the infrastructure could be seen as a sort of investment strategy. Mr. Perkins said he thinks that is the way it will have to be done. Mr. Bowerman agreed. Mr. Martin asked Mr. Perkins what he was thinking about in the way of front-loading costs. Mr. Perkins said he understands there are mechanisms where the County could borrow the money to build the bridge. Then the bridge is paid for by whoever receives the benefit from the bridge. Mr. Dorrier said a community development authority would be a new opportunity. The County does not have one at this time. Mr. Martin said it is the current trend. Ms. Christensen asked if there is anything other than paying for it that seemed to be out of sync with the focus of this study. Ms. Thomas said a year ago she would never have thought that planners, developers and the community could sit down together and plan out the community, but that has happened. Ms. Christensen said she would like to discuss the three scenarios and how they would be staged. April 2, 2003 (Regular Day Meeting) (Page 36) What comes first? She asked if anything presented seemed like a real opportunity or a big stretch. Mr. Dorrier said getting public input is important. He is trying to understand when that turns into concrete action. Mr. Bowerman said one of the biggest stretches for him is because the land is privately owned at this time. A lot of private decisions will have to be made in order to get anything done. Mr. Rooker said the only mechanism the Board has to use is if someone is requesting a rezoning of the property. Mr. Bowerman said they have to have the desire to do it. He has talked with Mr. Perkins and not many people want to do anything. Mr. Perkins said the whole plan is a big stretch. It will take a lot of cooperation between lots of different parties to make it work. Although certain things have been identified on the map such as a new park, why not expand the current Crozet Park instead. The County has an opportunity to add land to an existing park. There is also the alignment of Tabor Street and Jarmans Gap Road that has been mentioned several times. There is an opportunity to do that, but if it is not on the plan, VDOT will say it is not on the master plan. Aligning those two streets should be on the master plan. There is so much stuff on this plan that it will be interesting to see how it actually works out in 20 years. The Neighborhood Model can be met by doing it more ways than just this one presented today. Mr. Rieley said what he is about to say does not fit into the structure of what is presented today. He said the Commission has worked over the last year on several projects that have tried to reconcile private initiatives with a comprehensive plan vision. The bigger the project, the more complicated and difficult it is. The biggest implementation challenge will not be solved by park associations to build greenways, or some of the other things mentioned. What the County will have to grapple with is how to make a reasonable transition between the existing, underlying zoning, the landowner's aspirations for their property, and this master plan. It will be difficult. It will require a new way of giving assurances to people that if they work on one end of the road, the other end will appear when it is supposed to in the future. That is where he would like to see the attention focused when talking about implementation. That is the crux of having this plan come into reality. Mr. Dorrier said there must be some economic incentives. Something will have to help that person make some money; something will have to motivate a person to put a plan forth. There is no financial incentive, and government will not pay for it. How do you move off of square one? Mr. Martin said people come forward everyday with their plan for their piece of property. Once this master plan is in place, people will see opportunities. Once that bridge is built, that becomes a huge incentive in terms of making someone's property more valuable than it was the day before the bridge was opened. He is hopeful. It is important for the County to move forward realizing that there have to be incentives. People are not going to do it on their own. The County cannot say, "this is what we want" and put up roadblocks. It is not going to turn out exactly as the County wants. Mr. Finley said there has been talk about the Neighborhood Model and people walking to school and walking to work. There has been mention of commercial, but are there industrial sites? Is ConAgra still industrial, or will it become a business? Is someone actively trying to attract industries that would employ some of the 12,000 people who are looking for jobs? Mr. Schwartz said ConAgra and Acme could have a continuing industrial employment role. The importance of thinking about the north side of Route 240 in conjunction with the south side is a way of intensifying that economic development activity in that location. It is difficult from the downtown area that is more small scale shop-oriented. It is important as an employment opportunity for the Crozet community. Mr. Finley asked if a community development authority would be concerned with attracting industries. Mr. Schwartz said it could be. An increased economic development focus would be a new thing in order to initiate those kinds of activities and facilitate those activities. Ms. Christensen asked how to begin implementation. How does the Board, Commission, staff, begin to gear up? It may be in the near future, or much longer. What needs to happen in terms of the kinds of things these bodies have raised? The question is how to facilities these things happening. Mr. Rooker suggested the words "schedule and prioritize infrastructure improvements." The improvements must be price-loaded. Then a decision must be made as to how they would be financed. Mr. Dorrier said this plan need to become almost second nature in the Crozet area. People need to understand it so there needs to be public education. Ms. Thomas asked what percent of the people in Crozet have participated in the planning process. She has been impressed with the number of people who attended meetings. Ms. Christensen said the number of people involved could be as many as 300. There have consistently been 100 people present at the community meetings. She asked for another suggestion as to how to make some of this happen. April 2, 2003 (Regular Day Meeting) (Page 37) Mr. Rooker said the plan must be completed. Ms. Thomas said she was impressed with the description of what should happen on Route 250. Ms. Christensen asked if there were other specific issues that need to be dealt with at the policy level. Mr. Martin said the whole Neighborhood Model need to be put into place. Mr. Rooker asked if the area north of Route 240 would require a change of the boundaries. Mr. Schwartz said that area is currently outside of the development areas. It is a fringe area. County Engineering said there are issues in this area regarding water protection and sediment control. If there is control at this point, it protects a watershed that would allow existing neighbors, existing downtown, and existing industrial uses to actually be protected. It could be an adjustment that essentially recognizes the current pattern, including the two schools. Mr. Rooker said downtown Crozet would be the center of the growth area, where right now it is not the center. Ms. Christensen asked if the Board and Commission would be interested in other funding mechanisms. Mr. Martin said the Board has been talking to VDOT for a while about design standards. A change in their standards is needed in regard to funding partial projects. The way their standards are now, they could not help the County build, or pay for a portion of a road project. Ms. Thomas said in thinking about a new stormwater detention pond, the Board should look for some specific funding for that sewer project. Mr. Rooker said he does not think the Board can look at Crozet in isolation from the rest of the County. It has 4000 people now, and it is projected that over some period of time it will have 12,000 people. It could have that population under current zoning without a master plan. He thinks it needs to be recognized that part of this is an effort to make sure the growth will occur in a more planned way and with less of an impact on infrastructure than it would have otherwise. When the Board is prioritizing its funds for capital projects, it cannot look at Crozet in isolation from the rest of the County. Ms. Christensen said this is the first growth area to go through the master planning process. One way to look at the list of "to do" items is that they will actually facilitate other areas. There are some things that will be put in motion here that will not have to happen again because the work will have been done. Mr. Rooker said with respect to transportation capital improvements, there are projects in the Crozet area that are now in the Six-Year Road Plan. One of the things that need to be done is to look at those road projects to see how they fit in the master plan and consider if it is wise to decide if a certain improvement should be made ahead of things already in the Six-Year Plan. Ms. Christensen said the consultants met a month ago with the people they call "the internal stakeholders." Those are the department heads in this building that are running their own planning processes for their individual pursuits. This whole concept was explained to them. They were then asked how it fit in with what is already planned. She said it would be part of the master plan report to understand what is going on with existing projects. She said comments from today's meeting actually become a part of the master plan. Mr. Schwartz said the idea of getting together with the Commission and Board came about from a discussion the consultants had with County staff. They have had biweekly meetings talking about the process, and monthly meetings with planning staff members. They all recognized early in the process the importance of implementation. They did not know a couple of months ago "how to get out of the gate." They felt that engaging the Board and Commission now instead of waiting until June would serve two purposes. The conversation today has been very helpful. It also helps to build an understanding of what is coming up in June. On April 30, there will be community meeting Number 6 to update the community on where the master plan stands. Their primary focus will be implementation. It is their goal to get the community's input on preferences, on desirable outcomes and strategies based on issues brought to them. They feel they can reflect preferences and some difficult choices. The next step is in the middle of June. There will be a date set for presentation of the master plan that will be presented to the Board, Commission and the community as a whole. (The Board recessed and reconvened immediately in Room 241 .) Agenda Item No. 20. Appointments. Motion was offered by Mr. Martin to appoint Ms. Sade Ridley to replace Ms. Ashley G. Young as the County Youth representative to the Commission on Children and Families. This term runs from June 30, 2003, to June 30, 2005. Mr. Martin offered motion to appoint Mr. Mitchell E. Neuman as the at-large member on the Albemarle County Industrial Development Authority. Mr. Neuman replaces Mr. Fred W. Hudson whose April 2, 2003 (Regular Day Meeting) (Page 38) term had expired on January 19, 2003. This term runs through January 19, 2007. Mr. Bowerman seconded the motions. 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. Agenda Item No. 17. From the Board: Matters Not Listed on The Agenda. Ms. Thomas said she has been invited to attend the Natural Resources Leadership Summit being sponsored by the Governor and Secretary Tayloe Murphy, next Thursday and Friday, April 10 and 11, in Williamsburg. The purpose of the meeting is to determine natural resource policies for the next three years. Only elected officials from Albemarle and Fairfax counties were invited to participate. Mr. Martin said he would not be present for the Board's meeting on April 9, 2003. Agenda Item No. 24. Adjourn. With no further business to come before the Board, the meeting was adjourned at 4:05 p.m. Chairman Approved by the Board of County Supervisors Date: 09/03/2003 Initials: GKS