2000-04-05April 5, 2000 (Regular Day Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 5,
2000, at 9:00 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman (arrived at 9:18 a.m.), Mr. Lindsay G. Dorrier, Jr., Ms.
Charlotte Y. Humphris, Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
Senior Deputy Clerk, Laurie Bentley, and, County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:05 a.m., by the Chairman, Mr. Martin.
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Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
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Agenda Item No. 4. Other Matters Not Listed on the Agenda.
Mr. Paul Grady, a county resident, said the University of Virginia has now voiced its intentions for
use of the Blue Ridge Hospital property. The Thomas Jefferson Memorial Foundation has said they would
like to lease 32 acres of that property for a new Visitors Center. Because of this, he asked that the Board
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consider postponing construction of a fire station on County property across from Monticello High School
and let the County determine if it can obtain the present Visitors Center property. He thinks that would be a
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better location for a fire station, a police substation and a library. He believes there is a higher and better
use for the property across from Monticello High School, such as an urban park.
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Item 4a. Presentation to Senior Deputy Clerk. Mr. Martin said Ms. Laurie Bentley, Senior Deputy
Clerk, has just received her certification as a Certified Municipal Clerk from the International Institute of
Municipal Clerks. He read a statement and presented her with the IIMC plaque. Ms. Bentley said it is a
pleasure to work with the Board and with Ms. Carey.
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Agenda Item No. 5. Consent Agenda. Motion to approve Items 5.1 through 5.7 and 5.9 through
5.16 (Items 5.8 and 5.17 to be discussed under Transportation Matters) and to accept the remaining items
on the Consent Agenda for information was made by Ms. Thomas and seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Dorrier and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
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Item 5.1. Appropriation: Juvenile and Domestic Relations Court, $92,369 (Form #99064).
It was noted in the staffs report that the City of Charlottesville, who manages the Juvenile &
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Domestic Relations Court for the City and County, has been working with the State Department of Juvenile
Justice over the past year to determine the capital improvements required to bring the holding cells up to
State standards. In addition to security improvements, the Juvenile Court facility required some major
modifications to provide space for the third Juvenile Court judge appointed July 1, 1999. Phase I of the
renovations are almost complete and Phase II security improvements are slated to begin in the next few
weeks.
Phase I renovations included the reconfiguration of the waiting room outside of one of the current
judge's courtrooms to make a third courtroom; the installation of a new HVAC system in that courtroom; the
installation of a new ceiling, lighting and carpeting; and, the installation of a new waiting area. The County's
50 percent share of the total cost of Phase I renovations is $53,716, and includes approximately $43,000 in
construction costs, $4000 in architectural services, and the remainder in advertising and project inspections.
Phase II renovations include the following improvements to the holding cells (required by the State):
the installation of new video cameras and monitors; the replacement of the iron bunks with concrete base
bunks; the installation of additional lighting; and, the installation of sound barriers between the juvenile and
adult cells. The County's 50 percent share of the total cost of Phase II renovations is $38,653.
Staff requests approval of Appropriation Form #99064 in the amount of $92,369 for the County's
share of renovations at the Juvenile & Domestic Relations Court building.
(Ms. Thomas asked if these are minimal changes realizing that a new building will have to be built
soon. Mr. Tucker said yes. These things had been planned and discussed a number of years ago, and
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are minimal things that need to be done for the court.)
By the recorded vote set out above, the following Resolution of Appropriation was adopted:
April 5, 2000 (Regular Day Meeting)
(Page 2)
APPROPRIATION REQUEST
FISCAL YEAR: 1999-00
NUMBER: 99064
FUND: C.I.P.
PURPOSE OF APPROPRIATION: FUNDING FOR RENOVATIONS AT JUVENILE
COURT
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 9010 21050 331000 JUVENILE COURT$92,369.00
TOTAL$92,369.00
REVENUE CODEDESCRIPTIONAMOUNT
2 9010 51000 510100 C.I.P. FUND BALANCE$92,369.00
TOTAL$92,369.00
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Item 5.2. Appropriation: Emergency Communications Center, $80,000 (Form #99065).
It was noted in the staffs report that at its January, 2000 meeting, the Emergency Communications
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Center Management Board approved $51,700 to fund three new employee positions for the Center. The
positions are a systems engineer, a systems analyst and a support analyst. Since that meeting, all positions
have been filled. The FY 99-00 funding for these positions has been revised to $30,000. The salary and
fringe costs will be funded from the ECCs Fund Balance.
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At its March, 2000 meeting, the ECC Management Board approved up to $50,000 for a consultant
to review the 800 MHz radio contract. This consultant cost also will be funded from the ECCs Fund
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Balance. Staff recommends approval of the appropriations totaling $80,000 as detailed on Appropriation
Form #99065.
By the recorded vote set out above, the following Resolution of Appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1999-00
NUMBER: 99065
FUND: EMERGENCY COMMUNICATIONS CENTER
PURPOSE OF APPROPRIATION: FUNDING FOR THREE NEW EMPLOYEE
POSITIONS
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 4100 31041 110000 SALARIES$22,117.00
1 4100 31041 120000 OVERTIME2,380.00
1 4100 31041 210000 FICA 1,692.00
1 4100 31041 221000 RETIREMENT2,039.00
1 4100 31041 231000 HEALTH INSURANCE1,508.00
1 4100 31041 232000 DENTAL INSURANCE50.00
1 4100 31041 241000 GROUP LIFE INSURANCE180.00
1 4100 31041 270000 WORKERS COMPENSATION34.00
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1 4100 31041 312700 CONSULTANTS50,000.00
TOTAL$80,000.00
REVENUE CODEDESCRIPTIONAMOUNT
2 4100 51000 510100 E.C.C. FUND BALANCE$80,000.00
TOTAL$80,000.00
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Item 5.3. Appropriation: Education, $6,050 (Form #99066).
It was noted in the staffs report that the following moneys had been received for the School
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System:
Donation - Sycamore House Studio Art Shop: Albemarle County Public Schools received
donations from the Sycamore House Studio Art Shop in the amount of $300 and from Tri-City Insulation
Inc. in the amount of $50. These donations will help defray the costs of the Fine Arts Festival.
Donation for Western Albemarle High School: Western Albemarle High School received donations
from Edgar Bronfman for $5000; Dennis Cox for $150; ConAgra Frozen Foods for $500; and Dr. & Mrs.
Robert Rotella for $50. These funds are to be used for the building of the WAHS Baseball Press box/
Concession Stand.
Staff requests approval of Appropriation Form #99066 totaling #6050.00.
(Ms. Thomas said the Board should recognize and send a letter of thanks to Mr. Bronfman. Since
he does not live in the community all of the time, it is difficult to get him involved in local activities, so it is
quite noteworthy that he participated in the WAHS field project.
April 5, 2000 (Regular Day Meeting)
(Page 3)
(Ms. Humphris said she has been noticing in these appropriations that more and more individuals
are giving monetary and in-kind gifts to various schools, and they are not all necessarily parents. She thinks
that is a good sign that people care enough to help support programs in the schools out of their own
pockets.)
By the recorded vote set out above, the following Resolution of Appropriation was adopted.
APPROPRIATION REQUEST
FISCAL YEAR: 1999-00
NUMBER: 99066
FUND: SCHOOL & C.I.P.
PURPOSE OF APPROPRIATION: FUNDING FOR WAHS PRESS BOX AND VARIOUS
OTHER SCHOOL DONATIONS
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 2111 61311 601300 INST/REC SUPPLIES$350.00
1 9000 60302 800651 WAHS PRESS BOX5,700.00
TOTAL$6,050.00
REVENUE CODEDESCRIPTIONAMOUNT
2 2000 18100 181109 DONATION$350.00
2 9000 18100 181112 WAHS PRESS BOX 5,700.00
TOTAL$6,050.00
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Item 5.4. Appropriation: Education, $102,073.37 (Form #99067).
It was noted in the staffs report that the following funds have been received by the schools:
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2000 Technology Grant: Chapter 935, 1999 Virginia Acts of Assembly (the 1998-2000
Appropriation Act) authorized the Virginia Public School Authority to conduct an education technology grant
program in the Spring of the year 2000. The primary purpose of this educational technology grant program
is to provide for replacement of hardware related to administrative and student management and
information systems. The local match will be provided by funds already allocated to CIP technology
expenditures and operational funds already in the school budget. The 2000 Technology Grant is the
amount of $63,330.
Virginia Association of Teachers of English Grant: Linda Hill, a teacher at Albemarle High
School, was awarded a grant from the Virginia Association of Teachers of English in the amount of
$485.46. This award will fund the program Reading and Writing with Our Ears. This program will target
students who are reading below grade level and/or students identified as learning disabled to help improve
their skills and enhance their independent reading efforts.
Virginia Odyssey of the Mind: In 1999, the Virginia Odyssey of the Mind, Jefferson Region,
agreed to affiliate with Destination Imagination (DI) an alternative problem-solving program. The Jefferson
Region DI is responsible for providing a regional level DI competition for county students and surrounding
school districts. The regional tournament was held on March 18 at Western Albemarle High School. About
69 teams of students participated; 31 of which were from Albemarle County. A total of $7300 came from
team registration fees, T-shirt sales and contributions from corporate sponsor solicitation. In addition, the
Jefferson Region has a carryover fund balance of $1616.04. Jefferson Region DI requests that Albemarle
County continue as fiscal agent for the region.
Carl Perkins Federal Vocational Education Entitlement: The Commonwealth of Virginia
Department of Education has notified Albemarle County Schools of the revised Carl Perkins Federal
Vocational Education Entitlement for the 1999-2000 fiscal year. This revision increases Albemarle County
Schools entitlement by $7051. These funds will be used to provide vocational staff development.
Virginia Department of Education - Due Process Hearing Expense Reimbursement: The
Albemarle County Public Schools has received a partial reimbursement of Due Process Fees from the
Virginia Department of Education. This reimbursement is to help cover the cost of Due Process Hearing
expenditures incurred by the Albemarle County Special Education Department. This reimbursement is in
the amount of $10,674.30.
National Science Foundation Grants: Albemarle County Public Schools has been awarded
grants from the National Science Foundation in the amount of $7500; Albemarle High School in the
amount of $3750 and Monticello High in the amount of $3750. These funds will be used to support the
schools science and mathematics centers and other school science and mathematics activities.
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Teacher Incentive Grants - Virginia Commission for the Arts: Three Albemarle County Public
Schools have been awarded Teacher Incentive Grants from the Virginia Commission for the Arts for a total
of $850; two awards for Murray Elementary School in the amount of $300 each, and Burley Middle School
in the amount of $250. The Teacher Incentive Grant Program was established to help strengthen the
quality of education in and through the elementary and secondary schools and to encourage innovative
projects which link the arts with non-arts curricula.
April 5, 2000 (Regular Day Meeting)
(Page 4)
Various Donations: Murray Elementary School received anonymous donations in the amount of
$440. These donations will be used to purchase data processing supplies, instructional materials, and to
support the reading program at the school. Meriwether Lewis Elementary School received an anonymous
donation in the amount of $2826.57. This donation will be used for the remedial reading teacher to work
extra time with several students at the school.
Staff requests approval of Appropriation Form #99067 totaling $102,073.37 for various donations.
By the recorded vote set out above, the following Resolution of Appropriation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1999-00
NUMBER: 99067
FUND: SCHOOL & C.I.P.
PURPOSE OF APPROPRIATION: FUNDING FOR VARIOUS SCHOOL DONATIONS
AND PROGRAMS
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 9000 62190 800707 EQUIPMENT GRANT $63,330.00
1 3104 60301 601300 INST/REC SUPPLIES 485.46
1 3129 61104 113000 PROF-OTHER 3,000.00
1 3129 61104 120310 OVERTIME SPECIAL EVENTS 2,500.00
1 3129 61104 210000 FICA 421.00
1 3129 61104 520100 POSTAGE100.00
1 3129 61104 580000 MISCELLANEOUS 1,895.04
1 3129 61104 601300 MATERIALS1,000.00
1 3207 61190 800100 EQUIP/MACH 7,051.00
1 2112 62110 312100 PROF SERV 10,674.30
1 3104 60301 601300 INST/REC SUPPLIES3,750.00
1 3104 60304 601300 INST/REC SUPPLIES3,750.00
1 3104 60616 601300 INST/REC SUPPLIES 600.00
1 3104 60251 601300 INST/REC SUPPLIES 250.00
1 2215 61101 601300 INST/REC SUPPLIES 240.00
1 2215 61101 601600 DATA PROC SUPPLIES 200.00
1 2206 61101 152100 SUB-WAGES-TEACHER2,614.57
1 2206 61101 200000 FICA212.00
TOTAL $102,073.37
REVENUE CODEDESCRIPTIONAMOUNT
2 9000 24000 240265 EQUIPMENT GRANT $63,330.00
2 3104 18000 181235 ENGLISH GRANT AWARD 485.46
2 3129 16000 161260 JEFFERSON REGION REG FEES2,100.00
2 3129 18100 181109 CONTRIBUTIONS 700.00
2 3129 18000 189918 PROCEEDS-SALES 4,500.00
2 3129 51000 510100 APPROP-FUND BALANCE1,616.04
2 3207 33000 330107 CARL PERKINS7,051.00
2 2000 24000 240212 DOE DUE PROCESS10,674.30
2 3104 18000 181238 NAT'L SCIENCE FOUNDATION3,750.00
2 3104 18000 181239 NAT'L SCIENCE FOUNDATION3,750.00
2 3104 24000 240328 MURRAY ELEM INC GRANT600.00
2 3104 24000 240333 BURLEY INC GRANT250.00
2 2000 18100 181109 DONATION440.00
2 2000 18100 181109 DONATION2,826.57
TOTAL$102,073.37
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Item 5.5. Authorize Chairman to execute Mutual Aid Agreement between Albemarle County and
Louisa County.
It was noted in the staff's report that Albemarle County does not have written mutual aid
agreements for fire and rescue services with its neighboring counties. To assure the terms under which
such aid is delivered and to maximize the statutory immunity provided by Virginia Code 27-2, 27-4 and
''
27-23.6, a standard agreement has been prepared and forwarded to each county for review and approval.
A Mutual Aid Agreement prepared by the Albemarle County Attorney between Albemarle County and
Louisa County has been approved by the Louisa County Board of Supervisors. Staff recommends that the
Board authorize the Chairman to execute this Mutual Aid Agreement on behalf of the County.
By the recorded vote set out above, the Chairman was authorized to execute the following
Mutual Aid Agreement between Albemarle County and Louisa County:
MUTUAL AID AGREEMENT
THIS AGREEMENT made this 22nd day of March, 2000, by and between
Albemarle County, a political subdivision of the Commonwealth of Virginia, hereinafter
referred to as Albemarle, and Louisa County, a political subdivision of the
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April 5, 2000 (Regular Day Meeting)
(Page 5)
Commonwealth of Virginia, hereinafter referred to as Louisa,
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WHEREAS, it is deemed to be mutually beneficial to Albemarle and Louisa to
enter into an agreement concerning mutual aid with regard to fire and rescue services;
and
WHEREAS, the parties desire that the terms and conditions of this Mutual Aid
Agreement be established pursuant to 27-2, 27-4 and 27-23.6 of the Code of Virginia;
''
NOW THEREFORE WITNESSETH, that for and in consideration of the mutual
benefits to be derived by Albemarle and Louisa from this Agreement, Albemarle and
Louisa hereby covenant and agree each with the other as follows:
1. That Albemarle and Louisa will endeavor to provide fire suppression, fire
prevention, rescue, hazardous materials response, and other related governmental
services to the other county within the capabilities available at the time the request for
such support is made. Such response may be by county-paid employees or by county
volunteer company or department firefighters and rescuers.
2. That nothing contained in this Agreement should in any manner be construed
to compel either county to respond to a request for services in the other county when the
resources of the county to which the request is being made are needed, or are being
used, within the boundaries of its own county, nor shall any such request compel the
assisting county to continue to provide services in the other county when its personnel,
apparatus or equipment are needed within the boundaries of its own county.
3. That each county acknowledges that it is fully capable of providing fire
services, rescue services, hazardous material response services, and other related
governmental services to adequately serve its respective county.
4. That neither county shall be liable to the other for any loss or damage to
property or personal injury or death of personnel resulting from the performance of this
Agreement.
5. That each county shall indemnify and save harmless the assisting county
from all claims by third parties for property damage or personal injury which may arise
out of the activities of the assisting county resulting from the performance of this
Agreement.
6. The county requesting assistance shall not be required to reimburse the
assisting county for apparatus, equipment or personnel occasioned by a response for
assistance, or for damage to such apparatus or equipment, or injuries to personnel
incurred when responding in the other county; provided, however, the county requesting
assistance under the terms of this Agreement shall pay the responding entity from the
other county the actual cost of specialized extinguishing or hazardous material mitigation
agents used in rendering assistance pursuant to this Agreement.
7. That the county requesting assistance pursuant to this Agreement shall make
such request to the emergency communications center of the assisting county, which will
then contact the appropriate county officials to determine its response.
8. That when a county elects to respond to a request for assistance, the
personnel making such response shall not become employees of the county requesting
assistance for the purposes of the Virginia Workers Compensation Act.
9. That when a county elects to respond to a request for assistance, the
personnel manning such responding units shall remain under the command of the senior
responding officer, and shall work as a unified company and shall not be split apart
during the emergency operations unless ordered by the senior responding officer.
10. That when a county elects to respond to a request for assistance and the
senior responding officer determines that the emergency operations are being conducted
in an unsafe manner, the assisting county may limit its assistance to a support service or
withdraw the assistance to ensure the safety of its personnel.
11. This Agreement may be modified only by the mutual written consent of both
counties.
12. This Agreement may be terminated at any time by either county giving thirty
(30) days written notice of termination to the other county.
IN WITNESS THEREOF, Albemarle's Chairman of the Board of Supervisors and
Louisa's Chairman of the Board of Supervisors execute this Agreement, they being
authorized to do so.
April 5, 2000 (Regular Day Meeting)
(Page 6)
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Item 5.6. Authorize Chairman to execute Mutual Aid Agreement between Albemarle County and
Fluvanna County.
It was noted in the staffs report that currently Albemarle County does not have written mutual aid
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agreements for fire and rescue services with its neighboring counties. To assure the terms under which
such aid is delivered and to maximize the statutory immunity provided by Virginia Code 27-2, 27-4 and
''
27-23.6, a standard agreement has been prepared and forwarded to each county for review and approval.
A Mutual Aid Agreement prepared by the Albemarle County Attorney between Albemarle County and
Fluvanna County has been approved by the Fluvanna County Board of Supervisors. Staff recommends
that the Board authorize the Chairman to execute the Mutual Aid Agreement on behalf of the County.
By the recorded vote set out above, the Chairman was authorized to execute the following
Mutual Aid Agreement between Albemarle County and Fluvanna County:
MUTUAL AID AGREEMENT
THIS AGREEMENT made this 22nd day of March, 2000, by and between
Albemarle County, a political subdivision of the Commonwealth of Virginia, hereinafter
referred to as Albemarle, and Fluvanna County, a political subdivision of the
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Commonwealth of Virginia, hereinafter referred to as Fluvanna,
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WHEREAS, it is deemed to be mutually beneficial to Albemarle and Fluvanna to
enter into an agreement concerning mutual aid with regard to fire and rescue services;
and
WHEREAS, the parties desire that the terms and conditions of this Mutual Aid
Agreement be established pursuant to 27-2, 27-4 and 27-23.6 of the Code of Virginia;
''
NOW THEREFORE WITNESSETH, that for and in consideration of the mutual
benefits to be derived by Albemarle and Fluvanna from this Agreement, Albemarle and
Fluvanna hereby covenant and agree each with the other as follows:
1. That Albemarle and Fluvanna will endeavor to provide fire suppression, fire
prevention, rescue, hazardous materials response, and other related governmental
services to the other county within the capabilities available at the time the request for
such support is made. Such response may be by county-paid employees or by county
volunteer company or department firefighters and rescuers.
2. That nothing contained in this Agreement should in any manner be construed
to compel either county to respond to a request for services in the other county when the
resources of the county to which the request is being made are needed, or are being
used, within the boundaries of its own county, nor shall any such request compel the
assisting county to continue to provide services in the other county when its personnel,
apparatus or equipment are needed within the boundaries of its own county.
3. That each county acknowledges that it is fully capable of providing fire
services, rescue services, hazardous material response services, and other related
governmental services to adequately serve its respective county.
4. That neither county shall be liable to the other for any loss or damage to
property or personal injury or death of personnel resulting from the performance of this
Agreement.
5. That each county shall indemnify and save harmless the assisting county
from all claims by third parties for property damage or personal injury which may arise
out of the activities of the assisting county resulting from the performance of this
Agreement.
6. The county requesting assistance shall not be required to reimburse the
assisting county for apparatus, equipment or personnel occasioned by a response for
assistance, or for damage to such apparatus or equipment, or injuries to personnel
incurred when responding in the other county; provided, however, the county requesting
assistance under the terms of this Agreement shall pay the responding entity from the
other county the actual cost of specialized extinguishing or hazardous material mitigation
agents used in rendering assistance pursuant to this Agreement.
7. That the county requesting assistance pursuant to this Agreement shall make
such request to the emergency communications center of the assisting county, which will
then contact the appropriate county officials to determine its response.
8. That when a county elects to respond to a request for assistance, the
personnel making such response shall not become employees of the county requesting
April 5, 2000 (Regular Day Meeting)
(Page 7)
assistance for the purposes of the Virginia Workers Compensation Act.
9. That when a county elects to respond to a request for assistance, the
personnel manning such responding units shall remain under the command of the senior
responding officer, and shall work as a unified company and shall not be split apart
during the emergency operations unless ordered by the senior responding officer.
10. That when a county elects to respond to a request for assistance and the
senior responding officer determines that the emergency operations are being conducted
in an unsafe manner, the assisting county may limit its assistance to a support service or
withdraw the assistance to ensure the safety of its personnel.
11. This Agreement may be modified only by the mutual written consent of both
counties.
12. This Agreement may be terminated at any time by either county giving thirty
(30) days written notice of termination to the other county.
IN WITNESS THEREOF, Albemarle's Chairman of the Board of Supervisors and
Fluvanna's Chairman of the Board of Supervisors execute this Agreement, they being
authorized to do so.
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Item 5.7. Authorize Chairman to execute Mutual Aid Agreement between Albemarle County and
Augusta County.
It was noted in the staffs report that currently Albemarle County does not have written mutual aid
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agreements for fire and rescue services with its neighboring counties. To assure the terms under which
such aid is delivered and to maximize the statutory immunity provided by Virginia Code 27-2, 27-4 and
''
27-23.6, a standard agreement has been prepared and forwarded to each county for review and approval.
A Mutual Aid Agreement prepared by the Albemarle County Attorney between Albemarle County and
Augusta County has been approved by the Augusta County Board of Supervisors. Staff recommends that
the Board authorize the Chairman to execute the Mutual Aid Agreement on behalf of the County.
By the recorded vote set out above, the Chairman was authorized to execute the following
Mutual Aid Agreement between Albemarle County and Augusta County:
MUTUAL AID AGREEMENT
THIS AGREEMENT made this 22nd day of March, 2000, by and between
Albemarle County, a political subdivision of the Commonwealth of Virginia, hereinafter
referred to as Albemarle, and Augusta County, a political subdivision of the
A@
Commonwealth of Virginia, hereinafter referred to as Augusta,
A@
WHEREAS, it is deemed to be mutually beneficial to Albemarle and Augusta to
enter into an agreement concerning mutual aid with regard to fire and rescue services;
and
WHEREAS, the parties desire that the terms and conditions of this Mutual Aid
Agreement be established pursuant to 27-2, 27-4 and 27-23.6 of the Code of Virginia;
''
NOW THEREFORE WITNESSETH, that for and in consideration of the mutual
benefits to be derived by Albemarle and Augusta from this Agreement, Albemarle and
Augusta hereby covenant and agree each with the other as follows:
1. That Albemarle and Augusta will endeavor to provide fire suppression, fire
prevention, rescue, hazardous materials response, and other related governmental
services to the other county within the capabilities available at the time the request for
such support is made. Such response may be by county-paid employees or by county
volunteer company or department firefighters and rescuers.
2. That nothing contained in this Agreement should in any manner be construed
to compel either county to respond to a request for services in the other county when the
resources of the county to which the request is being made are needed, or are being
used, within the boundaries of its own county, nor shall any such request compel the
assisting county to continue to provide services in the other county when its personnel,
apparatus or equipment are needed within the boundaries of its own county.
3. That each county acknowledges that it is fully capable of providing fire
services, rescue services, hazardous material response services, and other related
governmental services to adequately serve its respective county.
4. That neither county shall be liable to the other for any loss or damage to
property or personal injury or death of personnel resulting from the performance of this
April 5, 2000 (Regular Day Meeting)
(Page 8)
Agreement.
5. That each county shall indemnify and save harmless the assisting county
from all claims by third parties for property damage or personal injury which may arise
out of the activities of the assisting county resulting from the performance of this
Agreement.
6. The county requesting assistance shall not be required to reimburse the
assisting county for apparatus, equipment or personnel occasioned by a response for
assistance, or for damage to such apparatus or equipment, or injuries to personnel
incurred when responding in the other county; provided, however, the county requesting
assistance under the terms of this Agreement shall pay the responding entity from the
other county the actual cost of specialized extinguishing or hazardous material mitigation
agents used in rendering assistance pursuant to this Agreement.
7. That the county requesting assistance pursuant to this Agreement shall make
such request to the emergency communications center of the assisting county, which will
then contact the appropriate county officials to determine its response.
8. That when a county elects to respond to a request for assistance, the
personnel making such response shall not become employees of the county requesting
assistance for the purposes of the Virginia Workers Compensation Act.
9. That when a county elects to respond to a request for assistance, the
personnel manning such responding units shall remain under the command of the senior
responding officer, and shall work as a unified company and shall not be split apart
during the emergency operations unless ordered by the senior responding officer.
10. That when a county elects to respond to a request for assistance and the
senior responding officer determines that the emergency operations are being conducted
in an unsafe manner, the assisting county may limit its assistance to a support service or
withdraw the assistance to ensure the safety of its personnel.
11. This Agreement may be modified only by the mutual written consent of both
counties.
12. This Agreement may be terminated at any time by either county giving thirty
(30) days written notice of termination to the other county.
13. The services performed and expenditures made under this Agreement shall
be deemed to be for public and governmental purposes and all immunities from liability
enjoyed by the counties or voluntary fire companies or departments within their
boundaries shall extend to activities pursuant to this Agreement outside their boundaries.
IN WITNESS THEREOF, Albemarle's Chairman of the Board of Supervisors and
Augusta's Chairman of the Board of Supervisors execute this Agreement, they being
authorized to do so.
__________
Item 5.8. Cancellation of VDOT Road Project Agreements, re: Route 649 (Airport Road) and
Meadow Creek Parkway Phase II (Rio Road to Free State Road). (Note: See letter from Angela G. Tucker
addressed to Robert W. Tucker, Jr., dated March 21, 2000, following the staffs report.)
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It was noted in the staff's report that in an attempt to expedite two major road projects, the County
proposed to take on VDOT project responsibilities for the Airport Road Project (Route 649) and the design
of Phase II of the Meadow Creek Parkway (Rio Road to Free State Road). The Airport Road Project was to
be administered by the Charlottesville-Albemarle Airport Authority on behalf of the County. To this end, on
November 20, 1997, the County entered into an agreement with VDOT to design and construct the Airport
Road Project and in December, 1997 entered into a pass-through agreement with the Airport Authority that
would require the Airport Authority to actually administer the Project.
Meadow Creek Parkway, Phase II, envisioned an accelerated design process to be administered by
the County. The purpose was to locate the road so that right-of-way could be identified and protected as
development occurred. The Board of Supervisors in December, 1999 authorized the County Executive to
execute a contract to take on this VDOT responsibility. This contract has not been executed.
The Airport Road Project Agreement expressly provided that VDOT would condemn any
right-of-way necessary for the Project upon the request of the County. Similarly, the proposed Phase II
Project for the Meadow Creek Parkway did not contemplate the County acquiring any right-of-way other
than through the subdivision process. The County's clear intent for both of these projects was that VDOT
would have to acquire any property that could not be acquired voluntarily. VDOT's position now is that it
cannot efficiently obtain right-of-way unless it has utilized its own resources to design and administer the
projects. Based upon this, the management of both projects can best be handled by VDOT rather than by
the Airport Authority (for the Airport Road Project) or by the County (for the Meadow Creek Parkway
Project). This will allow VDOT designers and right-of-way specialists to work hand-in-hand to acquire the
needed right-of-way in a more organized and efficient manner rather than a bifurcated one.
April 5, 2000 (Regular Day Meeting)
(Page 9)
Staff now believes that VDOT will provide a more effective and efficient design and acquisition
process if allowed to handle these two projects directly. It believes both projects can be moved through
design, acquisition and construction phases more quickly by VDOT. Therefore, it is recommended that the
County cancel its agreements with VDOT and the Airport Authority for Project #0649-002-158,C501 (Route
649) and that the County withdraw its approval to execute the proposed agreement with VDOT for the
Meadow Creek Parkway Phase II Project from Rio Road to Free State Road.
Robert W. Tucker, Jr., County Executive
A
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902-4596
Tuesday, March 21, 2000
RE: Airport Road and Meadow Creek Parkway
Dear Mr. Tucker,
I am writing in regard to our meeting on March 7, 2000 and your letter dated March 14,
2000.
The Airport Road Project #6049-002-158,C501 has been administered under two
agreements. The first agreement, dated November 20, 1997, was between the County
of Albemarle and VDOT. This agreement gave the County the authority to design the
project, acquire right of way, and administer construction. The second agreement, dated
December 15, 1997, was between the County of Albemarle and the Charlottesville-
Albemarle Airport Authority. This agreement gave the Airport Authority to design the
project, acquire right of way, and administer construction for the project on behalf of the
County.
Since the beginning of the design phase of this project, VDOT worked closely, and
directly, with the Airport to develop plans for the project. The County has not participated
in this process. VDOT was given the impression that the Airport Authority had full
authority to make decisions and commitments on behalf of Albemarle County. We also
assumed that the Airport Authority was keeping the County informed about the
development of the project.
Early in the design phase of the project, the Airport Authority requested that it be allowed
to design the project in a manner that met VDOT geometric standards but did not meet
all VDOT criteria for plan development. The Airport Authority also indicated that it
planned to do plat-based right of way acquisition rather than the plan-based right of way
acquisition that is typically done on a VDOT project of this type. VDOT permitted these
changes from our typical design methods entirely on the basis of the Airports assertions
=
that VDOT would not be involved in right of way acquisition for the project.
Plan development was proceeding smoothly until September 15, 1999 when the County
Attorneys office indicated to VDOT and the Airport Authority that it no longer intended to
=
participate in the right of way acquisition process. A summary of this change in
understanding between the Airport Authority and the County is contained in the attached
letter from Airport Council Lisa Kelley to Mr. Davis, Esq. County Attorney. At this time the
County also requested that VDOT perform all condemnations that would be needed in
the right of way acquisition process for the project.
As a result of the withdrawal of County support for right of way acquisition and
condemnations, the Airport Authority researched its authority to acquire right of way.
After extensive review, the Airport Authority determined that its charter did not give it the
authority to acquire right of way through condemnation for the Route 649 project.
As mentioned above, the plans had been developed for two years with the understanding
that VDOT would not be involved in the right of way acquisition process. As a result, the
plans were developed in a manner that is not suitable for use by VDOT. The plans were
developed in a CAD format that is not compatible with VDOTs CAD system. The
=
Airports plans were also developed to be used for plat-based right of way acquisition
=
which is not compatible with VDOTs plan-based acquisition system.
=
Based on the above plan difficulties and the Countys request for VDOT to perform all
=
right of way condemnations, we feel the only logical and efficient manner in which to
proceed is for VDOT to bring the project back in-house. This will allow VDOT designers
and right of way specialists to work hand in hand to acquire the needed right of way in an
organized and efficient manner.
We strongly believe that the Countys requested two step, County/VDOT right of way
=
process will be very inefficient and costly and should be avoided. The only other viable
option would be for the County to use its power of condemnation for right of way
acquisition for the project as was originally envisioned. Therefore, we believe that the
April 5, 2000 (Regular Day Meeting)
(Page 10)
County should give consideration to rescinding the November 20, 1997 County/State
agreement which would allow VDOT to complete work on this project.
We are very concerned that the proposed Meadowcreek Phase II project is heading in
the same direction as the Airport Road project. The Meadow Creek Phase II Agreement
was originally envisioned as a means to accelerate design and right of way acquisition for
the project. It was our understanding that the County would oversee the design process
and that the County would acquire right of way through proffers and condemnation if
necessary. The agreement that I recently signed contained these features.
Recently, the County has sent me a modified agreement that does not propose County
acquisition of any right of way. You also informed me at our meeting on March 7, that the
County does not have, nor does it intend to add, staff with the expertise to oversee the
design phase of this project. Therefore, the current County proposal would essentially
result in VDOT managing the Countys design consultant to produce project plans. The
=
Countys role in this process would be primarily to serve as a middle-man between
=>=
VDOT and the design consultant. We believe that it would be more efficient and
economical for VDOT to have this work performed by VDOT staff and consultants under
contract to VDOT.
VDOT is not opposed to County/VDOT agreements. For example, Chesterfield builds
numerous projects under agreements each year. However, in order to accomplish this
goal, Chesterfield County has staff with road design and construction expertise that work
specifically on these projects. If Albemarle endeavors to move in this direction, VDOT
would be very supportive. However, at this point in time, you have indicated that
Albemarle is not interested in getting into the road building business. We respect this
>=
decision and look forward to continuing our traditional role as the areas road design and
=
construction experts.
I hope that this letter has helped to clarify our positions on the Airport Road and Meadow
Creek agreements. If I can provide any additional information, please let me know.
Sincerely,
(Signed)
Angela G. Tucker
@
(This item was pulled to be discussed under Agenda Item No. 7, Transportation Matters.)
__________
Item 5.9. Adopt Resolution supporting reduction of speed limit on Route 20 South.
The following letter was received:
March 17, 2000
A
Route 20 South
Safety/Operational Review
Mr. Charles Martin, Chairman
Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Martin:
This is in reference to the recent series of tragic accidents that have occurred along
Route 20 south between Route 53 and Route 1150, Independence Way.
We understand the Countys and citizens concerns about improving this section of
==
roadway. Currently, some design funding has been allocated to the project and survey
work is complete. Additional funding is required for the design, right of way acquisition
and construction phases of this four-lane project. We are anticipating many requests to
improve this section of road at the annual Preallocation Hearing (all statewide hearings
are now postponed due to General Assembly activities and Transportation 2000 Act
preparations, but will be rescheduled in summer/fall of this year). It is our hope that
additional funding will be allocated and that the four-lane project can move forward.
In the interim, we are conducting a safety/operational study. This study will include
reviews of the current speed limit, signs, pavement markings, shoulder widths, and
accident history. It is anticipated that larger signs and additional chevrons, raised
pavement markers, paved shoulders where possible, and a reduced speed limit to 45
mph may be appropriate. These measures can be implemented relatively soon and we
are aiming to have them in place no later than the start of the next school season, if not
immediately. We do request the Boards endorsement for reducing the current speed
=
limit of 55 mph to 45 mph. This endorsement, by way of resolution, will ensure that this
April 5, 2000 (Regular Day Meeting)
(Page 11)
reduction receives the necessary attention from your law enforcement agencies to make
it effective.
As necessary, I will be available to discuss this matter at the April 5th Board meeting. I
thank you in advance for the Boards support of our review.
=
Sincerely,
(Signed) A. G. Tucker
@
By the recorded vote set out above, the following Resolution concerning Route 20 South
was adopted:
RESOLUTION
WHEREAS,the Albemarle County Board of Supervisors shares the concerns of
county residents regarding the recent series of tragic accidents that have
occurred along Route 20 South between Route 53 and Route 1150 (Mill
Creek Drive Extended); and
WHEREAS,this stretch of roadway has had a history of being the site of serious
traffic crashes; and
WHEREAS, the opening of Monticello High School in the fall of 1998 added a
significant volume of traffic to Route 20 South, including a high number
of young and inexperienced drivers; and
WHEREAS,improvements to Route 20 South, including the widening of the roadway
to four lanes between Route 53 and Route 1150, are a top priority for the
Board of Supervisors among future road projects for the county;
NOW, THEREFORE, BE IT RESOLVED,
that I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of
County Supervisors, do hereby endorse the reduction of the speed limit
on that roadway from 55 miles per hour to 45 miles per hour.
___________
Item 5.10. Adopt Resolution to Approve Establishment of Scottsville Volunteer Rescue Squad.
It was noted in the staffs report that in 1975, the Scottsville Volunteer Rescue Squad (SVRS) was
=
established in the Town of Scottsville and has been providing rescue squad services in the Town and the
County since that time. In 1996, SVRS acquired property in the County and in cooperation with the County
built a new building and relocated its operation into the County.
Virginia Code Section 15.2-955 provides that no volunteer rescue squad shall be established after
July 1, 1984, in any locality without the prior approval by resolution of the governing body. Because of the
relocation of its building in 1996, the SVRS technically established its operation in the County in 1996. To
comply with the Virginia State Code, it is necessary for the Board of Supervisors to adopt a Resolution to
approve SVRS's establishment of its operation in the County.
By the recorded vote set out above, the following Resolution to Approve Establishment of
the Scottsville Volunteer Rescue Square in Albemarle County, was adopted:
RESOLUTION TO APPROVE
ESTABLISHMENT OF RESCUE SQUAD
WHEREAS, Scottsville Volunteer Rescue Squad, Inc. (SVRS) was established
A@
in 1975 for the purpose of providing rescue squad services in the Town of Scottsville and
its vicinity; and
WHEREAS, SVRS has provided valuable rescue squad services to the Town
and to Albemarle County since 1975; and
WHEREAS, in 1996, SVRS in cooperation with the County, reestablished its
operations in a new building located in Albemarle County; and
WHEREAS, SVRS continues to provide essential rescue squad services to the
Town and County.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Albemarle County hereby approves the establishment of the Scottsville Volunteer
Rescue Squad, Inc. as a rescue squad in Albemarle County pursuant to
nunc pro tunc
Section 15.2-955 of the Code of Virginia.
__________
Item 5.11. Repeal Farmer's Market Zoning Text Amendment.
April 5, 2000 (Regular Day Meeting)
(Page 12)
It was noted in the staffs report that on October 13, 1995, the Board adopted an amendment to the
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Zoning Ordinance to permit Farmers Markets in the C-1, Commercial, and HC, Highway Commercial,
=
zoning districts. Prior to that action, Farmers Markets were not a permitted use in the Zoning Ordinance.
=
Although originally recommended by staff to be permitted in the Rural Areas, RA, District by special use
permit, the ultimate amendment did not include Farmers Market as a permitted use in the RA zoning
=
district. The reasoning was that a Farmers Market should be located near the population (customers) it
=
serves and that if a market is desirable in the RA District, it would be most appropriately located on a school
property where there are existing support facilities (paved parking, rest rooms, etc.). Furthermore, if
sponsored by the County, the market would be considered a public use and would not require a special use
permit. With the opportunity to provide for Farmers Markets at schools as a publicly-sponsored use, there
=
was not a significant need to provide it as a defined use in the RA District.
In recent years, direct marketing approaches have gained in popularity and the County has seen
frequent interest by people in establishing Farmers Markets. In 1998, one group attempted to establish a
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Farmers Market at Albemarle High School with the assistance of the Virginia Cooperative Extension Office
=
and the County. However, it was determined that the County did not have State enabling legislation to
establish and operate a Farmers Market. Following this determination, the Board adopted a Resolution of
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Intent to amend the RA District to allow Farmers Market by special use permit.
=
Recently, by unanimous vote, both the House and Senate of the General Assembly passed a bill to
allow localities to establish, operate and maintain a local retail Farmers Market. This was among the initial
=
bills signed by the Governor. Since the General Assembly has authorized localities to establish Farmers
=
Market, there does not appear to be a compelling reason at this time to amend the RA District to allow this
use by special use permit. To the contrary, it appears that the Boards' original intent was to regulate the
location of Farmers Markets in the RA District by permitting the use only on public land. With
=
no change in circumstance that would seem to change this intent, it may be inappropriate to encourage
petitions from private property owners.
It should be noted that some landowners have been advised that the RA District may be amended
to allow Farmers Market by special use permit. As a courtesy, staff provided these individuals with a copy
=
of this report as well as the date of the Boards consideration of this report. Staff recommends that the
=
Board withdraw its Resolution of Intent adopted September 15, 1999.
By the recorded vote set out above, the Board withdrew its Resolution of Intent adopted
September 15, 1999, as noted above.
__________
Item 5.12. Request to set public hearing for leash law in Westmont Subdivision.
It was noted in the staffs report that under Section 4-213 of the County Code, homeowners may
=
request the restriction of dogs from running at large in certain areas approved by the Board of Supervisors.
Of the three homeowners located in Westmont Subdivision, two signed a petition supporting the adoption of
the leash law request; one homeowner is opposed to this request. Staff recommends that the Board set a
public hearing on this matter for May 3, 2000.
By the recorded vote set out above, the Board set a public hearing on this request for May 3,
2000, at 10:45 a.m.
__________
Item 5.13. Proclamation recognizing April, 2000 as Fair Housing Month.
The following proclamation was read into the record by the Chairman:
FAIR HOUSING MONTH
WHEREAS, April, 2000, marks the thirty-second 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
April 5, 2000 (Regular Day Meeting)
(Page 13)
national celebration by proclaiming
APRIL, 2000
as
FAIR HOUSING MONTH
and encourage 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 5.14. Proclamation recognizing April 9 through April 15, 2000, as National
Telecommunicator's Week.
The following proclamation was read into the record by the Chairman:
NATIONAL TELECOMMUNICATOR'S WEEK
WHEREAS,emergencies can occur at anytime requiring response from police, fire or
emergency medical services; and
WHEREAS,when an emergency occurs, the prompt response of law enforcement,
firefighters and emergency medical personnel is critical to the protection
of life and preservation of property; and
WHEREAS,the safety of our police officers, firefighters and emergency medical
personnel is dependent upon the quality and accuracy of information
obtained from citizens who telephone the Charlottesville/UVA/
Albemarle County Emergency Communications Center; and
WHEREAS,public safety communications officers are the first and most critical
contact our citizens have with emergency services; and
WHEREAS,public safety communications officers are the single vital link for our law
enforcement and emergency medical personnel by monitoring their
activities by radio, providing them information and ensuring their safety;
and
WHEREAS,public safety communications officers of the
Charlottesville/UVA/Albemarle County Emergency Communications
Center have contributed substantially to the apprehension of criminals,
and treatment of patients; and
WHEREAS,each communications officer has exhibited compassion, understanding
and professionalism in their job during the past year;
NOW, THEREFORE, BE IT RESOLVED,
that the Albemarle County Board of Supervisors hereby proclaims the
week of
APRIL 9 THROUGH APRIL 15, 2000
as
"NATIONAL TELECOMMUNICATOR'S WEEK"
and joins in honoring the men and women whose diligence and
professionalism keep our county and citizens safe.
__________
Item 5.15. Proclamation recognizing April 9 through April 15, 2000, as Crime Victims' Rights
Week.
The following proclamation was read into the record by the Chairman:
Crime Victims' Rights Week
WHEREAS, year 2000 marks the twentieth anniversary of the commemoration of
National Crime Victims' Rights Week; and
WHEREAS, the victims' rights discipline in America has, for nearly three decades,
dared to dream of a nation that is free from violence and an America
where crime victims are consistently provided supportive services to help
them cope with the trauma of crime and victimization; and
WHEREAS,while the rate of most crimes continues to decrease, U.S. residents will
experience nearly 31 million criminal victimizations, including nearly 8.1
million violent crimes; and
April 5, 2000 (Regular Day Meeting)
(Page 14)
WHEREAS, over 30,000 Federal and state laws have been passed that define and
protect the rights of crime victims, 32 states have passed constitutional
amendments that afford victims important participatory rights throughout
the criminal and juvenile justice systems; and a Federal constitutional
amendment is currently pending in the U.S. Congress; and
WHEREAS,important partnerships have been formed among criminal and juvenile
justice agencies, allied professionals, and victim services to ensure that
crime victims are treated with dignity and respect; and
WHEREAS, our nation's and commonwealth's commitment to victim assistance,
crime prevention, and public safety has resulted in countless individuals
and collaborative initiatives that truly do our community justice; and
WHEREAS, the new millennium affords us the opportunity to continue to dare to
dream of a nation where liberty and justice for all includes each and
every person who has been touched by crime; and
WHEREAS, the Albemarle County Victim/Witness Assistance Program is joining
forces with other victim service programs, criminal justice officials and
concerned citizens throughout Virginia and America to enhance
awareness of crime victims' rights;
NOW, THEREFORE,I, Charles Martin, Chairman, on behalf of the Albemarle County
Board of Supervisors, do hereby recognize
April 9 through April 15, 2000
as
Crime Victims' Rights Week
in the County of Albemarle, and I call this observance to the
attention of all our citizens.
__________
Item 5.16. January, 2000 Financial Report.
It was noted in the staffs report that General Fund revenue projections were revised as part of the
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FY 2000-01 budget process. Car tax revenues from the State are classified as local revenues where
budgeted, not State revenues where received, for comparison purposes. General Fund expenditure
projections have not been revised at this time.
Education revenue projections have not been revised at this time. Education expenditure
projections reflect a 7.5 percent ($453,125), operating expense holdback, net compensation adjustment.
Staff recommends acceptance of the January, 2000 Financial Report.
By the recorded vote set out above, the January, 2000 Financial Report was accepted as
presented.
__________
Item 5.17. Copy of letter dated March 23, 2000, from J. Mark Wittkofski, Environmental Planner,
Virginia Department of Transportation, re: Route 29 Bypass Final Section 4(f) Evaluation, Albemarle
County School Properties, Federal No. NH-037(130), State No. 6029-002-F22,PE101, Albemarle County,
Virginia, with attached report prepared by the Federal Highway Administration, was listed on the agenda as
information. The letter reads as follows:
Enclosed please find a copy of the Final Section 4(f) Evaluation of the Albemarle County
A
School Properties located in Albemarle County, Virginia, that was signed on March 13,
2000. The Route 29 Bypass under the current design will use a portion of this property.
This Final Section 4(f) Evaluation takes into account the additional information and
comments that were obtained as a result of the circulation of the Draft Section 4(f)
Evaluation, as well as other data collected subsequently. By signing the Final Section 4(f)
Evaluation, the Federal Highway Administration has determined that all possible planning
and practicable measures to minimize environmental harm to the Albemarle County
School Properties have taken place.
Please also find enclosed a Revised Record of Decision for the Route 29 Bypass in
Albemarle County that has been prepared and signed by the Federal Highway
Administration on March 13, 2000.
If you have any questions with regard to these matters, please do not hesitate to contact
Mr. Earl T. Robb, State Environmental Administrator, at the Virginia Department of
Transportation.
@
REVISED RECORD OF DECISION
AA
April 5, 2000 (Regular Day Meeting)
(Page 15)
Federal Highway Administration
Virginia Division
Route 29 Bypass
Albemarle County
EIS Number: FHWA-VA-EIS-90-02-F
A.Project History
Between 1987 and 1993, VDOT, in cooperation with Albemarle County and the City of
Charlottesville, conducted the Route 29 Corridor Study which looked at alternatives to
relieve traffic congestion and improve the movement of traffic on Route 29 in Albemarle
County north of Charlottesville. On April 8, 1993, the Federal Highway Administration
(FHWA) issued its Record of Decision (ROD) for the Route 29 Corridor Study in which the
selected alternative was identified as a combination of improvements to be implemented
>
over a number of years in three phases to serve immediate, medium range and long-term
transportation needs.
=
The immediate needs were addressed by implementing the base case improvements
which provided for six lanes with turn lanes on existing Route 29. The medium-range
improvements would be addressed by three grade separated interchanges on Route 29 at
Hydraulic Road, Greenbrier Drive, and Rio Road. The long range needs would be
addressed by alternative 10 which was modified to eliminate proposed interchanges at
Route 654 and Route 743. Shortly after FHWA issued its ROD, changes were made to the
selected alternative. More specifically, changes were made to the southern and northern
termini of alternative 10. The southern terminus was moved to allow for a direct
connection into the North Grounds of the University of Virginia. The northern terminus was
modified by shifting it more than a mile to the north side of the South Fork Rivanna River to
avoid a planned school and reduce business relocations.
These changes and their associated impacts were addressed in an Environmental
Assessment in accordance with 23 CFR 771.130(c) to determine the need for a
supplemental Environmental Impact Statement (EIS). In February of 1995, the
Commonwealth Transportation Board (CTB) rescinded its previous decision regarding the
grade-separated interchanges on Route 29. In July of 1995, FHWA issued a Finding of No
Significant Impact concluding that a supplemental EIS was not warranted for the
modifications to the southern and northern terminus. In 1996, VDOT approached FHWA
regarding several minor design revisions that were under consideration at the suggestion of
the Route 29 Design Advisory Committee. At that time, the decision was made to
reevaluate the changes that occurred on the project since the ROD was issued in 1993 to
determine the need for a supplemental EIS.
This Reevaluation was signed on March 13, 2000, and concluded that a supplemental EIS
was not warranted. In 1998, the Albemarle County School Complex was identified as a
Section 4(f) resource. Accordingly, a separate Section 4(f) Evaluation was developed and
circulated in February of 1999 in accordance with 23 CFR 771.135(m). The Final Section
4(f) Evaluation was approved on March 13, 2000, also.
Because of the CTB action to eliminate the grade-separated interchanges, the selected
alternative has changed. Also, due to the identification of a Section 4(f) property affected
by the bypass alignment, there have been changes to the mitigation measures and a new
Section 4(f) finding. Accordingly, this Revised ROD is being issued in accordance with 23
CFR 771.130(b)(2) which requires that a Revised ROD be issued when a new alternative is
selected that was fully evaluated in the EIS but was not identified as the preferred
alternative.
B.Selected Alternative Decision
The final EIS for the Route 29 Corridor Study demonstrated that no single alternative by
itself will satisfy all of the identified needs for the project. Instead, a combination of
improvements over a number of years was identified as the best solution. The final EIS
(pages S-5 to S-6) identified the selected, or preferred, alternative as:
For the short range, construct the base case and begin planning for grade-
separated interchanges at Hydraulic Road, Rio Road, and Greenbrier Drive.
Access to the North Grounds of the University of Virginia is recommended to be
developed as soon as possible. Alternative 10 modified to eliminate
interchanges at Route 654 and 743, is approved as a corridor for future
development and Albemarle County is requested to assist in preserving the
necessary right-of-way.
For the medium range improvements, grade-separated interchanges are to be
constructed on existing U.S. Route 29 at Hydraulic Road, Greenbrier Drive, and
Rio Road, as traffic and economic conditions allow. Right-of-way for alternative
10 is to continue to be preserved, with advance acquisition of right-of-way
procedures exercised as needed and as economics permit.
April 5, 2000 (Regular Day Meeting)
(Page 16)
For the long term improvements, the Alternative 10 bypass, modified to eliminate
interchanges at Route 654 and Route 743, is to be constructed when traffic
conditions dictate and economic conditions permit. The interchanges were
eliminated due to objections from Albemarle County officials and citizens.
The originally selected alternative was a combination of alternatives analyzed in the final
EIS. This combination included the base case with grade-separated interchanges
alternative (page II-8 of the final EIS) and alternative 10 (page II-7 of the final EIS). The
new or revised selected alternative also includes a combination of alternatives analyzed in
the final EIS but not identified as the selected or preferred alternative. This includes that
combination of the base case alternative (page II-2 of the final EIS) and alternative 10
(page II-7 of the final EIS). More specifically, this alternative entails:
Construct the base case alternative. The base case improvements to widen
Route 29 to six lanes with turning lanes has already been completed.
Construct alternative 10 with modifications at the southern and northern terminus
as addressed in the EA/FONSI dated July 1995. Alternative 10, with
modifications, is a four-lane divided, limited access bypass to the west of existing
Route 29. It would extend from the Route 250 Bypass and the North Grounds of
the University of Virginia on the south end to existing Route 29 north of the South
Fork Rivanna River on the north end. Alternative 10 is approximately 6.24 miles
long with no intermediate access points to crossroads or adjacent properties.
C.Alternatives Considered
When the Route 29 Corridor Study was developed, several alternatives were evaluated to
meet the purpose and need for the project. These included the Base Case Alternative
(The No-Build Alternative which assumed programmed improvements to widen Route 29
to six lanes with turn lanes would be implemented), the Base Case Alternative with three
grade-separated interchanges (at Hydraulic Road, Greenbrier Drive, and Rio Road), seven
corridor alternatives for a bypass on new location, an Expressway Alternative along existing
Route 29, a Mass Transit Alternative, and a Transportation System Management
Alternative.
D.Section 106 and Section 4(f)
At the time the ROD was issued for the Route 29 Corridor Study, a Memorandum of
Agreement (MOA) had been executed between the Virginia Department of Historic
Resources (VDHR), the Advisory Council on Historic Preservation (ACHP), the Federal
Highway Administration and the Virginia Department of Transportation for a no adverse
effect on Westover and an adverse effect on Schlessinger Farm. The MOA documented
how the adverse effect would be taken into account. Despite the changes to the southern
and northern termini, no additional districts, buildings, structures, or objects on or eligible
for the National Register of Historic Places were identified. However, two archeological
sites eligible for the National Register of Historic Places were identified near the revised
northern terminus. The VDHR and ACHP concurred with a determination of no adverse
effect for these two sites. Another archeological site was identified northwest of Stillhouse
Mountain in connection with design efforts to shift the alignment to minimize impacts at this
location. VDHR determined that the site was not eligible for the National Register of
Historic Places. Finally, during additional studies of design modifications at the northern
terminus, another structure, Brook Hill, was identified as being eligible for the National
Register of Historic Places. VDHR concurred with a no effect determination on this site.
When the ROD was issued for the selected alternative, it avoided any use of known
Section 4(f) properties including the playgrounds and recreational facilities associated with
Jack Jouett Middle School, Albemarle High School, and Mary Greer Elementary School.
Accordingly, there were no know Section 4(f) impacts associated with alternative 10, either
direct or constructive. As the changes were made to the southern and northern termini, no
Section 4(f) impacts were identified at these locations either.
The current design, however, uses land from the Albemarle County School Complex which
has been identified as a district park. In total, approximately 12.43 acres (after
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implementing measures to minimize harm - see below) of the 218 acre site will be used by
the project. Despite extensive coordination with Albemarle County throughout the
development of the Route 29 Corridor Study and the subsequent Environmental
Assessment for the design modifications to the southern and northern termini, the
Albemarle County School Complex was never identified as a district park. Documentation
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of the significance of the Albemarle County School Complex as a significant recreational
resource was not provided by county officials until August of 1998.
Shortly thereafter, FHWA decided to subject the complex to the provisions of Section 4(f).
In accordance with 23 CFR 771.135(m), a separate Section 4(f) Evaluation was developed
and circulated to all individuals, agencies and organizations that received a copy of the
final EIS. After receiving a large volume of comments, the comments were addressed as
April 5, 2000 (Regular Day Meeting)
(Page 17)
appropriate in the Final Section 4(f) Evaluation. Despite comments from the U.S.
Department of the Interior on a draft of the Final Section 4(f) Evaluation that they did not
believe that all possible planning to minimize harm had been done, FHWA addressed the
U.S. Department of the Interiors concerns in a letter dated March 7, 2000. On March 8,
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2000, FHWA legal counsel issued a legal sufficiency determination for the Section 4(f)
Evaluation prepared for the Albemarle County School Complex. The Final Section 4(f)
Evaluation was approved on March 13, 2000.
Aside from the Albemarle County School Complex, there will be no Section 4(f) direct or
constructive use of the Agnor-Hurt Elementary School and the historic sites of Westover,
Schlessinger Farm, and Brook Hill.
E.Measures to Minimize Harm
All practicable measures to minimize environmental harm have been incorporated into the
decision. The following mitigation measures have been considered and are to be
implemented during final design and construction:
To minimize harm to the Albemarle County School Complex, the cross section of the
bypass at this location has been reduced by eliminating the median, crossing the property
on a bridge instead of a fill, and by suppressing the roadway to minimize visual and noise
impacts. In addition, the alignment has been shifted to the degree possible to avoid any
direct use of the trail behind Jack Jouett Middle School on the Albemarle County School
Complex, and the trail behind Mary Greer Elementary School will be reconnected outside
of the highway right-of-way. Finally, a fence will be installed along the right-of-way to
prevent pedestrian access and disturbed slopes revegetated.
A Section 106 Memorandum of Agreement was executed in 1992 which documents how
the adverse effect to Schlessinger Farm will be taken into account.
To minimize impacts to the federally listed endangered James spinymussel, there will be
time-of-year restrictions on construction and erosion and sedimentation control measures
implemented. In addition, the fact that the bypass will cross this location on a bridge
instead of a fill will further minimize impacts to the James spinymussel.
The design modification at the southern terminus has helped to reduce the length of the
bypass in the South Fork Rivanna River Reservoir watershed from 4.2 miles to 3.3. miles.
An extensive stormwater management plan has been developed to protect the South Fork
Rivanna River Reservoir. This includes 17 stormwater retention ponds which have been
designed as wet ponds to achieve a higher pollutant removal efficiency. In addition,
concrete curb will be incorporated along fill sections within the reservoir watershed in order
to capture 200 percent of the roadway runoff. The runoff will be collected through a series
of curb, median, and ditch inlets and conveyed to the stormwater management facilities
through concrete pipe systems. A monitoring program will be established to measure
pollutant concentrations at several outfall locations before, during and after construction. A
dry sump area will also be created at the outfall of each drainage system where runoff is
conveyed to a wet pond. The sump area will be sized to hold a volume equal to the
capacity of a tanker truck, approximately 1,100 cubic feet.
Because of these efforts, runoff from approximately 10 acres of existing development
outside the project right-of-way in the vicinity of Woodburn Road will be collected and taken
to the proposed ponds for treatment. This runoff currently drains into the reservoir
untreated. Finally, rock check dams will be used in all of the fill ditches of the proposed
roadway within the reservoirs watershed. Turbidity curtains will be used at three locations
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along the reservoir during construction.
A variable-width median will be employed to reduce environmental impacts at sensitive
locations and to provide a more aesthetic appearance. In addition, retaining walls will be
used to reduce right-of-way impacts.
The alignment has been shifted to eliminate impacts to a pet cemetery on property owned
by the Society of the Prevention of Cruelty to Animals. In addition, the alignment has been
shifted to avoid impacts to the Agnor-Hurt Elementary School which was located in the
path of the selected alignment.
F.Monitoring Program
A formal monitoring program was not proposed. Routine project coordination during the
remainder of final design development, the completion of right-of-way acquisition, and
construction will ensure the environmental commitments will be adhered to.
G.Document Availability
The draft EIS prepared for the Route 29 Corridor Study was approved by FHWA on May
11, 1990, and circulated for review and comment on May 17, 1990. On May 25, 1990, a
April 5, 2000 (Regular Day Meeting)
(Page 18)
notice of availability of the draft EIS appeared in the On January 20,
Federal Register.
1993, the final EIS was approved by FHWA. On May 5, 1993, a notice of availability of the
final EIS appeared in the On April 8, 1993, FHWA issued its ROD for the
Federal Register.
Route 29 Corridor Study. On November 4, 1994, FHWA approved a draft EA for design
modifications at the southern and northern terminus and made it available to the public.
On July 6, 1995, FHWA issued a Finding of No Significant Impact for the EA. On February
18, 1999, the Draft Section 4(f) Evaluation for the Albemarle County School Complex was
circulated for review. All comments received on the Draft Section 4(f) Evaluation were
incorporated in the Final Section 4(f) Evaluation which was approved on March 13, 2000.
A Reevaluation of environmental impacts and previous environmental documents was
approved on March 13, 2000, and concluded that a supplemental EIS was not warranted.
(Signed) Roberto Fonseca-Martinez
Division Administrator
Federal Highway Administration
Virginia Division
Date: March 13, 2000"
This item was pulled to be discussed under Agenda Item No. 7, Transportation Matters.
__________
Item 5.18. Notice dated March 24, 2000, was received from Mr. E. T. Landis, Jr., Transportation
R/W Agent Senior for the Virginia Department of Transportation, re: State Project 723-G, Route 250,
Albemarle County, PMI #6096, Proposed Conveyance of Excess Right-of-Way, former property of Harrison
Waite, Parcel 015, requested by Mr. Kenneth S. Wood, was received for information. It was noted that Mr.
Wood wishes to purchase this property which lies adjacent to his property located along State Route 689
with its intersection at Route 250 in the Crozet area. Notice to the local governing body of this request is
required by law.
__________
Item 5.19. 1999 Annual Report of the Board of Zoning Appeals was received for information.
_______________
Agenda Item No. 6. Approval of Minutes; November 3 and November 18, 1999; January 5,
February 2, February 9 and February 16, 2000.
Mr. Perkins has read January 5, 2000 (Pages 1 through 16 at Item #14a) and found them to be in
order.
Motion to approve the minutes which had been read was made by Mr. Perkins and seconded by
Ms. Humphris. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Dorrier and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Bowerman.
(Note: Mr. Bowerman arrived at 9:18 a.m.)
_______________
Agenda Item No. 7. Transportation Matters.
Mr. Martin asked Ms. Angela Tucker, Resident Highway Engineer, if she had an update on road
projects to present. She had none.
__________
Ms. Thomas said she was surprised to see Item 5.8 on the Consent Agenda, Cancellation of
VDOT Road Project agreements for Route 649 and the Meadow Creek Parkway Phase II. She wants an
explanation from staff as to why the County would not be participating in the right-of-way acquisition
process. Mr. Tucker said he does not believe this cancellation will change the projects at all. The idea all
along was that the County would not be involved in acquisition of rights-of-way since VDOT has people who
are trained in right-of-way acquisition. VDOT believes they can move the projects along more quickly than
the County could. This has been reviewed with the Airport Authority and they concur and have agreed to
withdraw this agreement with the County.
Mr. Davis took exception with the letter from Ms. Tucker dated March 21, 2000. He said the
agreement in 1987 with VDOT expressly stated that VDOT would acquire the right-of-way. In discussions
about the Meadow Creek Parkway, it was expressly stated that the County would only administer the
design, it did not include acquisition of right-of-way. The only time construction and right-of-way acquisition
references were discussed was when the Meadow Creek Parkway project was bifurcated. Then VDOT
said they wanted the County to acquire right-of-way and construct the Phase I part from Rio Road to Free
State Road. That idea was rejected by the County. There was never an agreement that the County would
acquire the right-of-way at the intersection of Rio or for the rest of that leg of the road other than through
proffers or the subdivision process.
Ms. Humphris asked if the Board should write a letter to Ms. Tucker stating the Board's
understanding to set this clear for the record. She likes for there to be a paper trail of things like this. Mr.
April 5, 2000 (Regular Day Meeting)
(Page 19)
Tucker said staff will follow up after the Board takes action today.
Mr. Perkins said he has received several calls from Mr. Pugh who was at the Boards meeting in
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December and February. His wifes mothers estate has a piece of property which is affected by where the
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Rio Road/Free Bridge Road right-of-way would be acquired. Mr. Pugh indicated to Perkins that he has
gotten the runaround. He said he was told in December that the County would be doing the acquisition and
construction, and then he was told something different in February, and now things have changed again.
Mr. Cilimberg said Planning staff has spoken with Mr. Pugh and other family members who have an interest
in developing the property which would require a special use permit. Staff told them at that time that their
property is in the route of the Meadow Creek Parkway, so there might be an effect on the property. They
were told the County had undertaken the design of that road. He said this is also the situation for a Mr.
Stoner in another section of Dunlora. There is not much that can be done until a design is finished. Without
the design, the exact location of the road is not known.
Mr. Bill Mawyer, Director of Engineering, said over the last 12+ months the project has evolved to
where it is now with VDOT's help. In the beginning the County asked how it could determine the alignment
of the Meadow Creek Parkway so it could tell people where not to build. In discussions with VDOT
concerning the environmental process, it became apparent it would take several years to get through that
process. The County asked VDOT how to meet its objectives in a better way. VDOT said there is a bridge
replacement project in the program, and it was suggested the County could deal with the southern end of
that area by looking at that bridge project. Then the Federal Highway people came in and said the bridge
project had to be disassociated from the Meadow Creek Parkway because it is not the same road. Their
projects have to be totally separate processes. VDOT has been helpful in trying to determine an alignment
at the southern end where there are people with great interests in the alignment. Now, VDOT will be
purchasing right-of-way to build the road. The County had only intended to find the alignment of the road,
but not necessarily to build the road.
__________
Ms. Thomas mentioned Consent Agenda Item 5.17. She noted that in Section D of the Revised
Record of Decision, there is a sentence that says Despite comments from the U.S. Department of the
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Interior on a draft of the Final Section 4(f) Evaluation that they did not believe that all possible planning to
minimize harm had been done, FHWA addressed the U.S. Department of the Interiors concerns in a letter
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dated March 7, 2000. She would like for the Board to take that sentence to task. She does not think they
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did address all of the Department of Interior's concerns. She thinks it would be well to revisit those
concerns which are included in a letter from the U.S. Department of Interior that says that they may have
avoided the trail system at Jack Jouett Middle School, but we do not believe that all possible planning has
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been done to minimize harm to the Albemarle County School complex. Correspondents in the County, and
other groups, expressed very serious concerns about the direct and constructive use of the school complex
(constructive use actually means destructive use) by the proposed project because it will take
approximately 12.5 acres from an undisturbed natural setting of school property and over 700 linear feet of
multi-use trails under the minimization alternative, so forth. There is no indication that this large acreage
will be replaced or compensation will be paid. We share these concerns and recommend that officials from
the Highway Administration and VDOT meet with the Albemarle County officials in order to reach a written
agreement concerning project alternatives including impacts and mitigation measures to the school
complex at Jack Jouett and the Agnor-Hurt Elementary School property. We continue to oppose the
project until such an agreement is reached to the satisfaction of County officials. Ms. Thomas said the
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letter they were referring to in the sentence she pointed out, essentially says the County did not bring
matters to their attention in a timely fashion, so they have done all they have to do. The Southern
Environmental Law Center, which is engaging VDOT in a lawsuit, went to Mr. Tucker and he gave them an
affidavit pointing out the errors and disagreements that the County has with that letter. She feels the County
should also respond.
Mr. Bowerman said the staff had a very strong response initially which incorporated Ms. Thomas
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response. It was very detailed and very specific, and it was totally ignored in the action letter by VDOT.
Ms. Humphris said VDOT has omitted or totally ignored everything the County has said, and are
arrogantly ignoring the direction of the Department of the Interior. They seem to think they only need to
write this letter saying they are going to ignore everybody and do what they choose to do. Mr. Tucker said
staff will discuss with the Board in closed session today, the issue of possible litigation. Ms. Thomas said
the public should know the Board plans to do something.
Ms. Humphris said as the Board moves further forward away from 1990 when the County was first
coaxed into making an agreement with the State about the sequencing of road projects, this has become
such a complex situation that she highly recommends that all members of the Board read the "green book"
which PATCO gave to each Board member. It was referred to in a letter she saw the other day as the Jolly
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Green Giant book. It contains a wealth of information about how the County got where it is and the history
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of it simply is that Albemarle County is being bulldozed over by VDOT at every stage from when the
agreement was made. At that time, Mr. Bowie, Mr. Bowerman and Mr. Tucker went to Richmond and met
with Secretary John Milliken and Chief Engineer Jack Hodge, and there was a 4:2 vote by this Board to go
along with them. Four Board members trusted VDOT and said if they were making this sequencing
agreement everything would be fine. From that very day, it has been all VDOTs doing.
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Mr. Bowerman said they believed that if there were any changes to that agreement, they would be
publicly discussed and also publicly debated if any of the parties to that agreement wanted changes, but
that has not been the case.
April 5, 2000 (Regular Day Meeting)
(Page 20)
Ms. Humphris said all the Board members need to be up to speed on that history, or they will not
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understand what is happening now.
__________
Ms. Tucker said she would like to comment on the Airport Road and Meadow Creek Road Phase II
projects. She said the change does not mean the project will move quicker than it would through VDOTs
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normal process. They are only saying that VDOTs normal process will be quicker than if the projects
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continue under the agreements due to the fact that the Airport Authority on the one hand, and the County
on the other hand, would be new to road design. VDOT is prepared to take on both projects immediately,
but both projects have to go through VDOTs usual process. The Free State Road connector is in the area
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of the Meadow Creek Parkway southern terminus Phase II, and the design will likely be available by this
time next year.
Mr. Martin asked if design means alignment also. Ms. Tucker said yes. VDOT looks at projects in
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three phases, design, right-of-way and construction. To spend a lot of time and energy on the design phase
and then have a different person do the acquisition can complicate matters. In negotiating with property
owners, that person needs to have the ability to defend, change, revise and fine tune the design in order to
address their needs. The Airport Road design was undertaken in a way that is not conducive to the way
VDOT acquires right-of-way. The road plans actually act as the legal document for acquiring right-of-way.
The Airport Authority chose to use a plat-based acquisition for right-of-way. VDOT will have to transfer
some of that information so its road plans can serve as the document the Department keeps on hand.
They do not feel that will impact the time line.
Mr. Bowerman said it is helpful to have dialogue between all parties. He finds this helpful. Ms.
Tucker said VDOT has been in touch with developers as this change has occurred in the development of
the Meadow Creek Parkway Phase II project, and they are aware that this change is occurring. Hopefully, it
should not have any impact on their plans.
Ms. Thomas asked about the Airport Road project that has already had a public hearing and
people think they know where the road is going. Should these people anticipate any changes? Ms. Tucker
said there have been no changes to the design. Basically, VDOT will only transfer the public hearing
project plans to a plan-based document for right-of-way acquisition purposes so that is their document
which will show impacts, easements, etc. They then become part of the recording of deeds.
__________
Mr. Dorrier thanked the Highway Department for responding quickly after the accident on Route 29
south. They installed highway markers and speed limit controls. He is concerned as to why it will take four
years to straighten the road since there have been a number of accidents along that stretch. He asked if
there is anything the Board can do to move that project along faster. Ms. Tucker said the Board has
already indicated that it will reprioritize the Route 20 project as a very high priority, but the Primary Road
Preallocation Hearing has not been rescheduled at this time. The four-year process is the usual time
needed to go through the process.
Mr. Dorrier asked if there is anything else the Board can do. Ms. Tucker said not for a project of
that nature. Time is needed for the design process which includes environmental documents, historical
studies, and public hearings. A year is needed for that work, and another year to obtain rights-of-way from
property owners. Another year is required for approvals, advertisements and the hiring of a contractor.
Mr. Dorrier asked if the project is moving along at this time. Ms. Tucker said there is no funding in
place at this time to complete the design.
Ms. Thomas asked if the Board could go directly to the Commonwealth Transportation Board
(CTB) about the additional funding given the fact that the Preallocation Hearing and the whole process is
being delayed this year. Ms. Tucker said the CTB cannot allocate money for this project without
considering needs in all construction districts. VDOT is also investigating other safety improvements
funding because they do not feel there will be enough safety funding to fund the entire project.
Mr. Bowerman said increased police enforcement can be put into place immediately so that some
of the recommendations to be implemented will mitigate the delay in the process. Then the Board can try
to expedite the regular process as much as possible. Ms. Tucker said currently VDOT has added the
shoulder paving and raised marker delineators to a regular maintenance schedule that is already awarded.
They have been waiting for the spring break at the school before starting the work along that corridor.
Mr. Bowerman asked if the speed posting has occurred. Ms. Tucker said the speed limit reduction
was posted last Friday.
__________
Ms. Thomas referred to a memo from Mr. John Moore regarding through-traveling tractor-trailers
on Route 231/22. She asked if staff is going to suggest a response or advise the Board further. Mr. Moore
was working with Senator Emily Couric to see if there were any kind of legislation that she could propose.
Legislative Services said to go ahead, but they have never seen such a bill be successful.
Mr. Martin said originally people advised the Board that it would not be able to win this battle. The
battle has raged now for three years and it has not been won. He does not know whether to continue to
battle, or just leave it alone. He does not want to give false hope to anyone since it seems that what the
April 5, 2000 (Regular Day Meeting)
(Page 21)
Board is doing makes no difference.
Ms. Humphris said in spite of what a research associate in the Commonwealth of Virginias Division
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of Legislative Services says in his arrogant way as an unelected bureaucrat, the Board should be able to
solve this problem one way or the other. It is as important as Route 20. This has been a long ongoing
situation, and the writer of the letter suggests that the Board meet again with the Police Chief about
enforcement, etc. She thinks it is sad that the Legislative Services people can throw such a damper on a
senators request for information.
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Mr. Martin suggested that the Board let the County Executive look at options to be discussed at
another meeting and that the Board meet with the Police Chief. Ms. Humphris said Mr. Moores letter is
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very detailed, and explains the situation in full, and the situation is not satisfactory. Mr. Martin said he will go
along with what the other Board members want to do. Ms. Thomas said she understands that Mr. Martin
does not want to raise false hopes. Mr. Tucker said the Board may not be able to solve the problems that
exist and VDOT may have their own reasons for not solving the problem. He does believe the Board
should do whatever it can do locally. He noted that Kloeckner-Pentaplast had indicated they would make
sure their trucks did not use the road, and that was helpful. He does not know if the Board could encourage
other truckers not to use that route or not.
Ms. Humphris said Mr. Moore says in his letter that the Board made its stand in 1995 with the
adoption of a resolution to VDOT and the CTB. Then, the Virginia Truckers Association (VTA) promised
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voluntary compliance. The whole point is that the VTA is not complying because it is very obvious that the
trucks do not belong on that road. There are other roads which are safer and better for the trucks to travel,
but they are traveling this road anyway. As Mr. Tucker said, the Board should do what it can do, and maybe
ask the VTA again to voluntarily do that. Mr. Perkins said that all truckers are not represented by the VTA.
__________
Ms. Humphris asked if the Governor is going to veto the new photo red-light enforcement legislation
given Albemarle County at the last session of the General Assembly. Mr. Tucker said the Governor has
until April 9 to sign bills. Ms. Humphris said she does not see how this legislation is an invasion of a
person's privacy, considering all the other things that are done to make the world safe. Mr. Bowerman
asked if the bill is vetoed if that will retroactively remove the same authority for Northern Virginia. Ms.
Thomas said no. She said there was a good article in the Washington Post about how it has been
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accepted with a note about how much money it is bringing in.
__________
Ms. Humphris said she had a letter dated April 1, 2000, from the Transportation Coalition regarding
an exchange with the project manager for the Western Bypass. They asked if a grade-separated
interchange would be required at the northern terminus. The response was VDOTs long-term plans for
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the Route 29 North Corridor identifies that a limited-access facility would require an interchange at this
location. She said that in reality, all of the stuff about the Route 29 Corridor Study, the public meetings,
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citizen participation, recommendations and whatnot, is simply window dressing. It is nothing more. The
result of the Route 29 Corridor Study, Phase I, Warrenton to Charlottesville, concluded that neither the
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no-action option nor the continuous limited-access highway option through the corridor are acceptable
options. That was the recommendation of that Study Committee. Mr. Cilimberg and Mr. Bowerman were
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both a part of that study. It was sent to the CTB and they tabled it until they got the result of the study,
Phase II and Phase III. She said this is proof positive that it makes no difference how many public hearings
or public information meetings (wherever people go to express their wishes, their thoughts and their
rationale) are held, VDOT will do what it wants to do.
Mr. Bowerman said only a few months ago, the Board met with State representatives from VDOT
who requested the Board to work with them in limiting the access points on Route 29 in the two-mile stretch
between the South Fork Rivanna River and the Airport. That is consistent with the interchange and having
controlled access, which is in the Countys best interest, but which lends itself to the freeway type design of
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that Route 29 corridor.
__________
Mr. Bowerman said he has requested that County staff and VDOT look at the number of trucks
using Route 743 between the Airport and the Rock Store as a bypass to Route 29. They are coming from
the area around the Airport and the new industrial center. He thinks this will become a very significant
issue. VDOT has plans to have a connector road within the undeveloped property between Route 29 and
Route 743. Then there will be improvements to Route 29 and improvements to Route 743. He believes
there is a need to discourage truck traffic on Route 743 immediately before it comes a problem. That road
is not designed to carry truck traffic and there is another road which is designed for that type of traffic. He
was contacted by a member of the Earlysville community about this problem. Mr. Tucker said staff intends
to present a recommendation at the Boards May meeting.
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__________
Mr. Martin asked Ms. Tucker for a schedule of the public hearings regarding the west-side parallel
road, as well as the east-side parallel road. Ms. Tucker said the public hearing should be held this Fall on
the next phase of the Route 29 widening improvements. Widening improvements include reverse frontage
roads to serve not only the parcels that currently front Route 29, but parcels one step back from the Route
29 frontage. There are reverse frontage roads proposed on both the east and the west which will parallel
Route 29.
Mr. Martin said he thinks it would be in the best interests of everyone to have another presentation
of what is being planned and hold that meeting in the Forest Lakes/Hollymead area. He said there are a lot
of rumors going round and people are getting antsy. Ms. Tucker said it would be helpful if the Board
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April 5, 2000 (Regular Day Meeting)
(Page 22)
would make this a formal request, and it would support her request to the rest of VDOT. She has also
requested that a citizens information meeting be held.
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Mr. Martin said he would like for someone to make a motion that the Board request VDOT to hold a
citizens information meeting concerning the parallel roads both east and west of Route 29 north of the
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South Fork Rivanna River. Motion to this effect was made by Ms. Humphris and seconded by Mr.
Bowerman. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Not Docketed: Mr. Bowerman said he had read the minutes of February 2, 2000 (Pages 1 through
18 at Item #9), and noted the following correction. On Page 12, second paragraph under Transportation
Matters, the first sentence should read: Mr. Bowerman asked whether VDOT has decided to change
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signage for through traffic approaching the City from the East. from the north and wanting to go East.
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Motion was then made by Mr. Bowerman, seconded by Mr. Dorrier, to approve the minutes of
February 2, 2000, as read, with the minute book correction noted. Roll was called, and the motion carried
by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 8. This item had been changed to Agenda Item No. 4b and was taken care of
earlier in the meeting.
_______________
Agenda Item No. 9. Presentation by Registrar.
Ms. Jackie Harris, General Registrar was present. She noted that she had been appointed to this
position as of January 1, 2000. She said the Registrars Office is governed by a three-member Electoral
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Board. There have been changes on that board during the past year. Mr. Allen Archer is the new
Secretary of the Electoral Board beginning March 1, 1999. He replaced Mr. Cliff Anderson who retired at
the end of his last term. Mr. Jim Murray is the Chair of the Electoral Board, and Ms. June Knight is the Vice-
Chair. In the department, there is the Registrar, a Deputy Registrar, an Assistant Registrar, and a part-time
Office Associate III.
Ms. Harris said the Electoral Board has a number of duties assigned to it by the State, and they are
allowed by law to delegate some of those duties to the Registrar. The Board meets once each month to be
kept abreast of the activities of the office, and to decide, specifically, on policies related to elections. The
Boards primary duty is to canvass and certify the results of all the elections. Ms. Harris then listed the day-
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to-day duties of the staff in the office. She said that with the transient nature of Albemarles population,
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there is a lot of activity in the office. They also do outreach efforts into the high schools to get the 18-year
olds who are eligible to vote to register. They must do address changes, and name changes of all voters.
They keep track of deaths occurring in the County in order to keep voter lists clean. Felony convictions and
adjudications of mental incapacity are listed to the Registrar each month. She showed a chart indicating
growth in voter transactions in the last two years. In 1997, there were 11,788 transactions processed in the
office. In 1999, that number grew to 15,234, a 30 percent increase. They maintain a data base, and a hard
copy back-up file that has to be changed every time something occurs. (Note: Mr. Bowerman left the
room at 10:10 a.m. and returned at 10:12 a.m.)
Ms. Harris said that there are now 50,000 registered voters in Albemarle County. Prior to
enactment of the National Voter Registration Act, there was a small cyclical growth pattern. In 1996, after
implementation of the Act, registrations grew at a tremendous rate, and now there is straight-line growth.
Ms. Harris said she is very excited about the move of the Registrars Office to the new Division of
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Motor Vehicles building on Route 250 East on Pantops Mountain. That building will open in May, but
because there will be a Primary Election with Absentee voting going on, she will not ask the Justice
Department to allow her to move until June. The move has been discussed with the political parties and
the NAACP and there have been no negative comments. The lease agreement with DMV is for $1.00 per
year. The County, in turn, gets back the space occupied by the Registrar.
Ms. Harris said the Redistricting project will involve the Board of Supervisors. That will take place
after completion of the 2000 Census. They know that because of the make-up of some of the districts,
there will be some relatively large areas which will need to be redistricted. Rivanna District is one of those
because it has grown so rapidly. These lines will have to be redrawn to create the equity required by the
Justice Department. Some precincts have grown beyond what is legally allowable. For example,
Hollymead and Jack Jouett Precincts have more than 5000 voters each.
Mr. Bowerman asked when this will occur. Ms. Harris said she will be receiving the census data
and the State and Federal redistricting data in late Spring into the Summer. Once the data is received, the
lines will need to be redrawn quickly. The General Assembly passed a bill where they pushed back most of
April 5, 2000 (Regular Day Meeting)
(Page 23)
the primaries to as late as September of 2001 to accommodate the fact that the districts may not have been
set.
Mr. Dorrier asked who draws the district lines. Ms. Harris said in theory they are drawn by the
Board of Supervisors. In practice, it is a combination of Board members, the Planning Department, and the
Registrar. Each district must be within five percent, plus or minus, of the total population. Mr. Davis said
there are other factors, but the one factor that hinders the Boards ability to do this in a timely fashion is that
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the General Assembly has to draw its lines, and the House district lines for the United States Congressional
races, and one depends much on the other. They do not have to do that until May, 2001.
Ms. Thomas said if the Board wants to talk about having seven magisterial districts, it should start
that conversation immediately. Ms. Harris agreed. She said they can begin to draw some tentative lines
identifying what could be used as district lines because the Justice Department has very clear indicators of
what can be used as a visible boundary line. In Albemarle County, these are sometimes hard to find. She
said it is a major project for all, and one on which they are spending a lot of time preparing and getting
information from Legislative Services.
Ms. Harris said they spend a lot of time on election official recruitment. There are about 70 open
slots which need to be filled this year. In the year 2000 they will relocate three polling places
(Commonwealth, Batesville and Monticello precincts) because of issues which have arisen. They will be
administering four elections. They will be monitoring campaign financing for about 20 candidates. They will
be preparing and equipping 55 polling sites over the four elections. They will be implementing 80 new
pieces of legislation. They will be training over 300 election officials. They will provide Absentee voting for
over 3000 voters in the Registrars office. They will be notifying approximately 5600 people of changes in
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their polling places. They will complete approximately 15,000 voter registration transactions. They will
provide services to the 50,000 registered voters.
Mr. Martin thanked Ms. Harris for the report.
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Agenda Item No. 10. School Board Presentation.
Mr. Charles Ward, Chairman of the School Board, was present. He said he asked the
Superintendent to be present this morning to answer a question Mr. Dorrier had asked at another meeting
about the Literacy Passport Program. He said April is School Library Media Month which is designated to
support the hard work of school libraries and media centers. These facilities in the schools are great,
particularly the ones at Albemarle High School and Crozet Elementary.
The Spot Redistricting Report on Cale Elementary School will be before the School Board at its
meeting on May 8. The Redistricting Committee has made a proposal and will obtain public comments at a
meeting on April 12 at Cale Elementary. The School Board will continue to support the Computers4Kids
Program, having recently committed $10,125 of in-kind services over a three-year period.
There has been significant improvement in the teacher Reduction-in-Force Process. This year, the
number of RIF letters has been reduced to 11, compared to 15 last year. The majority of these positions
are in the elective areas. These letters must be sent by April 15 to the affected teachers. Many of these
individuals status will be resolved if funds for the additional positions can be found in the budget.
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Albemarle hosted the Central Regional Forum for the Virginia School Boards Association on
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March 21 at Monticello High School. Over 50 school board members attended from several school
districts. Dr. Peter Sheras presented a forum on School Safety and Crisis Planning.
On April 10, the School Board may take action to increase the High School Summer Program
Rates. This program is self-sustaining, so must pay for itself. The increase is due to staff salaries and
materials.
The School Board will also consider the proposed 2000-01 School Division calendar on April 10.
They have already decided to begin school on August 28, 2000, and possibly to end school on June 8,
2001.
On April 14, the School Board will meet with local legislators to discuss the outcome of the General
Assembly session on education-related bills. The Composite Index and the Virginia Retirement System will
also be discussed.
The Board will receive a report on its pilot program for Administrators and Teacher Evaluations in
May. This was a one-year testing phase.
Mr. Ward said that he and Mr. Koleszar will attend the Virginia School Boards Association
Conference on Superintendent/Administrator Evaluations on April 7. This conference will include
information about uniform performance standards and criteria to be used by local boards in making these
evaluations.
The School Board is considering having its meetings taped and played on Adelphia cable.
Students at Monticello High School are willing to tape three hours of Board meetings each month in Room
241. If the Supervisors would be interested in having a meeting taped, that possibility can be investigated.
April 5, 2000 (Regular Day Meeting)
(Page 24)
Mr. Ward asked that Dr. Castner speak about the Literacy Task Force question asked by Mr.
Dorrier at an earlier meeting. Mr. Dorrier said there was $1.2 million in extra dollars to fund the $1.9 million
School Board request. He wondered if any of that $1.2 million would go to the Literacy Task Force. Dr.
Castner said if the School Board chooses not to fund growth, probably 60 percent of the funds could go to
the Literary program. The School Board is facing a lot of challenges in moving funds around. Even if there
were more in additional funds, they could not solve all of their funding problems.
Mr. Martin thanked Mr. Ward and Dr. Castner for the report.
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(Note: At 10:42 a.m., the Board recessed and reconvened at 10:53 a.m.)
Agenda Item No. 11. Development Initiatives Steering Committee (DISC), Presentation of Final
Report.
It was noted in the staffs report that in early 1997, the Board appointed members to the
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Development Initiatives Steering Committee consisting of representatives of various neighborhood groups,
business and professional organizations, interest groups and citizens at-large to address the future of the
County's Development Areas as identified in its 1996 Land Use Plan. DISC, as this committee has come to
be known, began its work in March of 1997 and has since worked continuously with the help of a
consultant, staff and the input of the general public to develop The Neighborhood Model and formulate
recommendations for the Boards consideration.
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This project is certainly one of the most significant undertakings in the history of the County's
Comprehensive Planning, especially regarding the Development Areas. Diligent consideration of the DISC
products will be vital to the success of the County's growth management efforts and future quality of life for
its residents. As such, the process of review deserves special attention to assure all elements of the DISC
work are considered in an efficient and timely manner. Staff believes a route to success can best be
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achieved by first developing a plan of action that addresses: how the Neighborhood Model and associated
recommendations should be used before their adoption; prioritization and ordering of the DISC elements
for review and adoption; and, how staff and the public should be involved in the review process. Ideally, the
plan of action should include a time line with milestones for various actions to be undertaken by the
Planning Commission. It is recommended that the Board accept the DISC report and charge a committee
of staff (representing the County Executive's office, the County Attorney's office and the Development
departments) and DISC representatives (DISC co-chairs, Board DISC members and Planning Commission
DISC member) to develop a plan of action for review by the Board's at its May 3, 2000, meeting.
Mr. Martin introduced Mr. Bob Watson who served as a member of the DISC Committee. Mr.
Watson said this was truly an excellent Committee. They were diverse, had many points of view, kept
minutes, set agendas, never took a vote, but worked by consensus. All agreed with the final product even
though all did not agree with all parts of the report. That took leadership. He then made presentations to
Ms. Kathy Galvin, Chairman, and Ms. Elaine Echols, County Staff Liaison. He said that about midway
through the process Mr. Eric Strucko became Co-chair and contributed immeasurably to the final product.
Mr. Strucko said growth management and concerns over suburban sprawl have been premier
public policy issues in Albemarle County since the late 1970s. Over the course of the last two decades
Albemarle County has engaged in several growth and development policy exercises including the
Comprehensive Plan, the Land Use Plan, Zoning regulations, and the 1994 Crozet Community Study. In
early 1997, the Board considered changes to the Land Use Plan that would have expanded the designated
growth area boundaries. At that time, the County had apparent difficulty merging the directives of the
Comprehensive Plan, the Land Use Plan, and other growth and development policies into a sound
implementation strategy. Several people in groups grew concerned at the prospect of losing more rural
land to development. The Board reacted to this public concern by assembling a committee of stakeholders
concerned with development to look at how to manage growth within the growth area boundaries before
considering growth area boundary expansion. These participants included a very diverse group of
developers, planners, appraisers, realtors, architects, the Chamber of Commerce, environmentalists,
affordable housing advocates, neighborhood associations, the League of Women Voters, citizens groups,
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and county residents. Twenty-two people represented these groups on the DISC Committee. Over the last
three years, these 22 people have completed the most significant work that has occurred on Albemarle
County’s growth management policy. Since 1997, initially under the direction of the respected Planning
Commissioner, the late David Tice, DISC has worked to determine how development should occur in
Albemarle Countys designated growth areas to accommodate the forecast of population increases while
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not sacrificing the quality of life.
Mr. Strucko said the final report of the DISC Committee will be presented today. The virtues of
these reports are that the documents provide the County with clear, specific and detailed guidelines for
accomplishing the principles of in-fill development, and that all the recommendations received consensus
approval from all members of the DISC Committee. Many good past policy documents have been difficult
to implement because they contained vague theory with broad idealistic goals. The DISC reports actually
outline specific characteristics of neighborhood design, explicit steps to master planning regions, and a
clear list of policy and regulatory changes needed to help achieve the in-fill objectives. The virtue of these
reports receiving consensus approval deserves a special mention. The Board intentionally assembled
DISC members to work on the Countys growth management policies, for debate, conflict resolution and
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consensus building. The committee has done all three. The most significant accomplishment is that every
aspect of these final reports received approval from the committee as a whole with no dissent. The minutes
April 5, 2000 (Regular Day Meeting)
(Page 25)
of the meetings show that no member voted against any aspect of the final product. This means that the
County has a blueprint for growth area development management that has the support from the
representatives of the important stakeholders. Building such consensus took time. Growth management
policy is a contentious and intricate issue where the various stakeholders have competing interests on a
multitude of narrow topics.
Mr. Strucko said he believes that everyday of the last three years was necessary to deliver the final
report, and these notable accomplishments: DISC used several focus group exercises to determine that
local markets do exist for in-fill style development. DISC generated an inventory of land available for in-fill
development in the designated growth areas. DISC conducted two citizen-oriented planning events and
determined that the master planning process is a feasible exercise in Albemarle County. They did it twice.
DISC created a neighborhood design that calls for a variety of housing types in a range of prices.
Affordable housing is a major theme in the final report. DISC realized that a problematic by-product of in-fill
experiments in other areas of the country resulted in the inflation of land costs and, thus, home prices.
DISC believes, however, that a diverse housing mix and economies of scale coupled with incentives for
builders and nonprofit sector subsidies for buyers will insure that affordable housing is available in the
growth areas.
Mr. Strucko said their overall mission was to devise neighborhood designs, planning techniques
and regulatory changes that will channel development into the growth area while not sacrificing the quality
of life. DISCs recommendations create a development management strategy that 1) utilizes the land in the
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growth area efficiently with neighborhoods that are desirable places to live, and 2) prevents sprawl in the
rural areas. The DISC work is not a cure-all for growth problems, but rather a series of tools that will foster
innovative solutions. DISC worked to allow the Albemarle community to enjoy the assets of a small-town
and rural way of life without squandering these resources. Albemarle and Charlottesville have a special
character, but no region retains special character by accident. Successful communities always have a
vision for the future. A design-oriented plan, coupled with implementation policies to achieve the vision of
that plan will create a socially and economically sound city and county. We can grow without ruining the
special character of Albemarle County. If we set higher standards, we will achieve higher results.
Ms. Kathy Galvin, Co-Chair, thanked everyone for the presentation made to her earlier in the
meeting. She said it has been an honor to serve. The main purpose for her presentation is to walk the
Board through the documents which comprise the final report. Her presentation will focus on Volume I,
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Part I, The Neighborhood Model, Building Block for the Development Areas, Volume II, Part II,
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Recommendations for Policy and Regulatory Changes, and Part III, DISC Workshop Results,
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Implementation Strategies.
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Ms. Galvin said the Neighborhood Model establishes a rationale for changing the form of
development occurring today, and as a guide for citizens, staff and consultants on how to master plan each
and every development area. It also provides a set of development guidelines for future development and
redevelopment. The second volume explicitly calls for changes to existing policies, ordinances, and agency
regulations so this new form of development can be accommodated in the County. Part II contains
implementation strategies.
Ms. Galvin said in the first volume where the rationale for the DISC report is established, the goal
was to fulfill the goals of the Comprehensive Plan. In order to preserve the Rural Areas and accommodate
future population growth in the designated growth areas, which are the stated goals of the Comprehensive
Plan, a new form of development is required. The designated growth areas will not succeed as repositories
for growth if they dont offer a high quality of life for a broad spectrum of the population. This realization
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was first articulated in the February, 1999 interim DISC Report.
Ms. Galvin said in the second section of that first document, DISC articulated 12 principles which
are the guiding principles for this new form of development. It is a form of development which is clearly in
contrast to conventional development. The first new principle of the new neighborhood model is pedestrian
orientation; 2) safe, attractive and convenient streets and paths; 3) interconnected neighborhood streets
and regional transportation networks; 4) parks and open space; 5) neighborhood centers; 6) buildings and
spaces of human scale; 7) relegated parking; 8) mixture of land uses; 9) mixture of housing types and
affordability; 10) redevelopment rather than abandonment; 11) site planning that respects terrain; and, 12)
clear edges between the Rural Areas and the built environment.
Ms. Galvin said the third section in the Neighborhood Model discusses the planning strategy to be
used in implementing these new principles. The new paradigm establishes the neighborhood as the
fundamental building block of the Development Area. In this neighborhood, distances are measured by
how far a human being can comfortably walk in five minutes, not travel time by automobile. A pedestrian-
oriented strategy for planning, which has been termed the transect offers a systemic approach for
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determining appropriate land use and density for any given parcel in any given neighborhood in accord with
the Neighborhood Models Principles.
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Ms. Galvin said that listed next in the document are eight steps for building a Master Plan for a
Development Area. They are: 1) establishing a community visioning process; 2) assembling a group of
stakeholders to develop the Master Plan; 3) identifying existing conditions and features; 4) identifying
existing neighborhoods by locating centers; 5) assembling relationships between developed and
undeveloped parcels; 6) determining desirable uses for undeveloped parcels; 7) creating a Development
Area Master Plan; and, 8) providing implementation strategies. She said the Pantops development area is
the example that was used to illustrate how to apply the master planning process that is outlined in the
report.
April 5, 2000 (Regular Day Meeting)
(Page 26)
Ms. Galvin said Section 5 is a catalogue of design approaches to deal with streets, open spaces,
centers, building scale and orientation, parking, land use mixing, affordable housing, redevelopment,
sensitive site planning and edges. This is not an exhaustive list, but DISC encourages innovation on the part
of developers and community members to actually extend the list. This is only a way to get the process in
motion.
Ms. Galvin said the Neighborhood Model was applied in a public design workshop (a charrette).
This workshop focused on The Towers Land Trust site in the Community of Hollymead. Over 100 people
participated in that workshop. The last section in Volume 1 has general recommendations for
implementation strategies. Volume 2 contains specific recommendations for policy and regulatory
changes, and then the results of the DISC Workshop.
Ms. Galvin said that throughout the three years, DISC has been aware of how existing policies and
ordinances do not make the kind of development advocated by the neighborhood model easy to do. Some
things are prohibited from being done. This statement is particularly true for the Virginia Department of
Transportation. Many of their agency regulations prohibit the kind of design neighborhood model the
committee advocates. DISC has identified specific changes to policies, subdivision and zoning ordinances
that need to be made in order to allow this to be done. DISC believes the administrative process to effect
these changes should begin immediately, and while staff is working on these changes, they feel the County
should begin the master planning process.
Ms. Galvin said the last part of the second volume contains the results of the DISC Workshop. This
was an all-day affair which was facilitated by Lee Catlin and Elaine Echols. It was planned by several DISC
members. It was a structured day. They did articulate how to implement this whole model. The three
broad policy issues which loomed large in all of the DISC Committees deliberations were Rural Area
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protection, Development Area boundaries and affordable housing. The relevance of these three
interrelated topics was first made known to the Committee by the consultants, most notably by their Build-
Out Analysis, their Preliminary Report on Conflicts and by the reports of two focus groups. The resolutions
found in the document are clearly a product of considerable debate, but in a highly structured setting. She
said one of the implementation strategies endorsed by DISC was the formation of a follow-up citizen
committee to work with staff during the implementation of the master plans, and to oversee revisions to
County ordinances.
Ms. Galvin said the Committee urges the Board to accept the vision. It is a vision for a new form of
development.
Mr. Neil Payton, of CHK Architects and Planner, continued the presentation. He introduced an
associate, Beth Hesler, who had worked on the report for the last two and one-half years. He then gave a
slide presentation. He said this is the most unique process in which he has ever been involved. This was
not due specifically to the content of the product, which is not experimental but based on real things
happening in many different places, but the process itself was unique. It was the most inclusive, the most
talked about among the widest range of individuals with which he has ever been involved. Unlike some
communities that have had models somewhat like this one proposed, that later ran into political problems
because they did not have a consensus opinion, this one has been arrived at in a process that is far more
conclusive. It has been challenging for all involved.
Mr. Payton said they started with an understanding of the specialness of this place. He said he
lived here for five years and it was special to him as well. If the specialness is to be preserved, at the same
time it is acknowledged that many people outside of this area also see that it is special and want to take part
in that. Somehow, those things which seem to be conflicting, must be made to go together.
Mr. Payton said his firm was charged with finding a way to implement the broad vision of the
Countys Comprehensive Plan. They discovered immediately that it was impossible to implement the Plan
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under the current regulatory environment since the Zoning and Subdivision Ordinances are not consistent
with the goals of the Plan. They were charged with providing visions, models, etc. tailored to Albemarle
County. The result of that was the term neighborhood model. A lot of ideas were coalesced into
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something succinct and understandable. The neighborhood model has the broad mission of changing the
form of development taking place in Albemarle County today to another form which has market appeal and
which is functional, sustainable, and promotes a high quality of life. It counters what is conventional sprawl
development, that taking place in Albemarle County at this time, and in almost virtually every growing
county in America. It is a form of development in which every activity of human life is separated from every
other activity of human life not only by function, but by economic status. This requires an automobile to get
anywhere all the time.
Mr. Payton said the neighborhood model is completely opposite. This model says that people did
not grow up in an environment that was so easily distinct. Houses were mixed up, schools were integrated,
retail was integrated, high density and low density often sat near each other. Sometimes it was possible to
live and work in the same place. Parks and natural open spaces were all together. That is the distinction
between these two.
Mr. Payton showed a slide representing the Pantops neighborhood as it exists today, and how it
might appear under the neighborhood model. He said the densities in the developed areas are very high,
but the amount of open space that can be retained is also very high. The areas with the higher densities
can be much nicer than the lower density area because the higher density area pays for amenities (green
spaces, landscaped boulevard, construction costs which are higher, ability to mediate environmental
April 5, 2000 (Regular Day Meeting)
(Page 27)
impacts). The neighborhood model argues that rather than being something which is a necessary evil, the
density actually can improve the quality of peoples lives. It addresses a number of myths associated with
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density (density always results in more traffic, is always more expensive to the County, it is destructive to the
environment, will result in more crime, it destroys the quality of life). He said none of these things are
necessarily true, although they can be true. With that in mind, 12 principles (characteristics) of the
neighborhood model were articulated.
Mr. Payton said the first principle is that pedestrians matter. If the quality of life of pedestrians is not
the first thing to be considered, there will not be great communities. Second is that streets and paths must
be designed accordingly. The width of the street, the planting of trees, the provision of sidewalks, are
simple things that go a long way to make it a friendly place, and they increase the value of real estate. He
said there are a lot of myths associated with narrow streets, that they are not adequate for fire safety, that
they result in more vehicular accidents (a lot of studies show that narrower streets are safer because of
their traffic calming effect), that they are inadequate for service vehicles (which is not true). The
neighborhood model suggests that interconnected streets and transportation networks are important.
Mr. Payton showed a copy of the model presently in use in the County. It shows the disconnection
of every type of development from every other type and not only in terms of location, but they literally do not
connect by design. They all connect to arterials which means that every trip requires a trip to the arterial to
get to the next place, whereas the neighborhood model articulates a vision that is interconnected. Even if
the location of things is not changed, and they are connected better, a big service is provided.
Mr. Payton said parks and open space are seen as an important characteristic. The current form of
development in Albemarle County often does not result in usable public open space. Usable means a
place where someone would want to go and use it, not just a clump of trees and some grass at the edge of
a project. The neighborhood models says that parks and open space must be integral to the design, that in
a sense it is the right of every person in the County to be able to have easy access to parks and public
gathering spaces or natural views wherever they are. This can also help with stormwater and
environmental issues.
Mr. Payton said neighborhood centers are fundamental. These are the places where people
congregate and enjoy public life. There is a fledgling neighborhood center in Crozet. It could be great, but
is not great yet. Charlottesville has a great one in the Downtown Mall. A lot of trend in real estate
development today is the remixing of different functional types. Surprisingly, people do want to live above
retail space. The resurgence of housing on the Downtown Mall is an example of that.
The next principle talks about buildings and spaces of human scale. One of the most important
things about the neighborhood model is that it is not just about location, but about physical form. It says that
in conventional development, the objects are buildings. Every zoning regulation is about where that building
sits on its site. The neighborhood model completely transforms that. It says the space is the object, and
the regulations it suggests are about creating those spaces. People enjoy places where the spaces are the
objects. Right here in Charlottesville, the Downtown Mall is a great example of an outdoor room. A place
that is enjoyable to be because of the way the buildings frame the street. Not only the Mall, but even its
neighborhood streets do the same thing with buildings and landscape.
Mr. Payton said the neighborhood model relegates parking to the back. There cannot be the
quality of space he just described if all of the space is littered with cars. The neighborhood model notes
that most of the parking should be behind, and that in front there are public places. That is not only in retail
development, but in housing as well. There cannot be a great neighborhood when all you see from the
street are garage doors. It is not friendly, and is not safe. The basic principle of crime prevention through
environmental design says eyes on the street.
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Mr. Payton said a mix of uses is also important. That mix can be simply done. He showed another
slide of a shopping center saying it could be turned into more of a mix of the environment if a street could
be connected through. He said the residents probably would never have wanted that. The slide shows a
drainage ditch, a six-foot wall, a chain-link fence, all of which separate this area to be sure these people
have to go to the arterial to use what is literally one minute away.
Mr. Payton showed a slide of a project in Rockville, Maryland (King Farm), on which his firm has
been working. He said their neighborhood center will have housing above the store, offices above the
store, and a garden above a parking deck above a grocery store. It has all those things taking place and
one day it will have light rail running down the middle of the boulevard.
He said that affordability is an important part of the neighborhood model. It provides affordability
with dignity. It recognizes that historically affordable housing in this country was not ghettoized, but was
integrated into the larger community. Affordable housing can come in many forms. Affordability does not
have to look ugly or cheap, or anyway different, just smaller. The neighborhood models they used show
that redevelopment is very important, especially when abandonment is the alternative. It argues that there
is a lot of developable potential in land that is already developed in the County. It suggests that strategies
may be both short- and long-term. The neighborhood model acknowledges the importance of terrain. The
models that the neighborhood model itself looked at have often not done so. One of the breakthroughs by
this Committee has been the respect for terrain, and how important that is for development in the Piedmont
Region of Virginia. It suggests that while terrain is a factor that will affect connectivity, and some of the
other issues talked about, it is still something that can be respected and actually taken advantage of.
Architecture can actually make use of that terrain, stacking units above units that act as retaining walls in
part, floating garages below, buildings that step down the hill, are all strategies.
April 5, 2000 (Regular Day Meeting)
(Page 28)
Mr. Payton said the last point is the notion of clear edges. One of the characteristics of small
villages, in Europe in particular, and where it was a characteristic of American towns prior to this century,
was a clear break between city and country. It was a profound thing. That break was absolute. One of the
tragedies of contemporary zoning is that it has created something euphemistically referred to as
transitional zoning. All that transitional zoning has done is create miles and miles of sprawl. The
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neighborhood model argues against that. Instead, it argues for very clear breaks between those two.
Mr. Payton said he will close with another example of adapting the neighborhood model. This was
for The Towers Land Trust charrette. He showed a slide of the existing site, and a drawing of how it might
be with a fair amount of density, reserving much open space.
Ms. Elaine Echols said it has been a pleasure working with the Committee. She then asked the
members of the DISC Committee who were present to stand and be recognized. About a dozen people
stood. She said the diversity of opinion, and the approach to planning of these development areas brought
by this committee has created a much better document than one created without full debate. One of the
most important aspects of this project is implementation of the model. The Committee believes that follow-
through on ordinance revisions and master plans is essential. Commitment by the Board for funding the
master plans is important and changing the development regulations is absolutely necessary. Members of
DISC have volunteered their availability to work with staff. They have also said they could work with staff in
changing the development regulations. This group of individuals and others the Board might appoint would
be of benefit in the implementation process to see that the vision for the neighborhood model is not lost in
revisions to the Zoning and Subdivision ordinances.
Ms. Echols said she would like to thank the Board for allowing her to work with this group of very
talented and extraordinary individuals who have been an inspiration to her as a planner.
Mr. Wayne Cilimberg thanked Ms. Echols and the members of the DISC Committee for the work
they did which otherwise would have been done by staff with probably different results. He was quite
impressed with what DISC was able to achieve through some very complicated discussions. Most of his
involvement had to do with processing and how to get to a completion of the project. He said this report is
probably the most significant undertaking in the history of the Countys Comprehensive planning, certainly in
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regard to the development areas. The process from this time forward with review by the Planning
Commission and ultimately by the Board, deserves special attention to insure all the elements of this work
are considered efficiently and in a timely manner. He said they need staff to make this successful. The
implementation recommendations that are part of Volume 2 outline a way to do that. The staff's
recommendation is to take the report and work with the DISC co-chairs, the Boards DISC members, the
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Planning Commission DISC members, and at staff level in the next few weeks, and before the Boards day
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meeting in May to actually put some time lines and some milestones in the implementation process.
Mr. Martin asked if any Board member wished to comment.
Mr. Dorrier asked if under the proffer procedure this is something that can be implemented
immediately. Mr. Cilimberg said staff would prefer to have an adopted policy in place when working with
developers. An important element in the process of getting this implemented is to get various pieces of it
adopted.
Mr. Martin suggested accepting staff's recommendation as to how to move forward. He has talked
with DISC members and he feels strongly this report should not just be passed to the Planning Commission
and public hearings started immediately. He feels it would be more advantageous for the whole DISC
process to have a more public airing with more presentations to different groups so people would have time
to digest these recommendations before they get to the Commission.
Ms. Thomas asked if after the May day meeting, Mr. Martin would expect the report to be presented
to a lot of different groups. Mr. Martin said that was his thinking prior to seeing the staffs recommendation.
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Based on what staff has recommended, they would use this month to come up with a plan of some sort.
Mr. Bowerman said he thinks changes in ordinances need to be made in a logical fashion in order
to implement the recommendations. First, staff should look at these changes, put together an action
agenda, and then begin to implement changes through public discussion and action by this Board. This
document needs to be implemented rather than have a year of discussion first. Mr. Cilimberg said there
are some things staff feels can be done without waiting for everything to be completed at the end of the
process. Staff needs to focus on what can be done in two months, versus six months, versus what might
take more time.
Ms. Thomas said she appreciates all the work which has been done. She learned several years
ago that the Mayor of Seattle had a great idea for in-fill and everyone in Seattle got behind the idea
believing it was a great way to take care of future growth. Then the committee went off by itself and came
back with a report which has been described as being four inches thick, too thick for anyone to read or
understand. The council turned to their neighborhood as it was shown inside the report and immediately
saw it was their neighborhood that would be impacted, and they didnt like it. The whole thing died. She did
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not want that to happen here, and she is really pleased with this report. It is very understandable and
embodies so much of what the community had thought planning was doing, but wasnt quite succeeding.
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Her concern is that no piece of this report should be on the shelf any longer than necessary. She thinks
that dealing with VDOT at the State level is something that should not be put off until after going through the
April 5, 2000 (Regular Day Meeting)
(Page 29)
master planning and ordinance changes. She believes that should be started right away. She wants to be
sure there is sufficient County staff to do this, and there is money in the budget. She wishes there were two
master plans instead of one. She thinks the County is already losing Airport Road and Pantops and it
panics her when she thinks how those might be done better.
Mr. Martin asked if there were further comments.
Ms. Humphris said she thinks it has been a monumental task wonderfully conceived. The Board
should be grateful to all who participated.
Mr. Martin said he does not think this report will just sit on the shelf. He believes this will be used
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for many years into the future.
Mr. Perkins said this report fills in well with the ACE program. These two things can help each
other, so they will work together and keep Albemarle County a great place to live.
Ms. Humphris said obviously the developers have to be on-board with these ideas. The Board
hopes that anybody who is starting through the process will be aware of the Board's intent to try and have
them incorporate these ideas.
Mr. Bowerman said what he heard is that the intent has to be translated into language. Ms.
Humphris said it still does not hurt for them to know what the Board has in mind.
Mr. Martin said he believes the Board has been seeing proposals along that line for a while now.
He said it is nice to know that all are present to represent the best interests of Albemarle County even
though there are times when some do not believe a certain strategy will get the County to that point. He
said the entire group moved forward without ever taking a vote, doing so on consensus even though there
were times when there was heated debate. On behalf of the Board, he congratulated those members of
the DISC Committee who were present today.
(Note: The Board recessed at 11:50 a.m., and reconvened at 12:02 p.m.)
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Agenda Item No. 12. Stormwater Control Program, Discussion of Program Alternatives.
Mr. Tom Foley, Assistant County Executive, said the Board addressed the Stormwater Control
Program at its March 1, 2000, meeting. The Executive Summary for that meeting gave background on the
program. Staff sought Board input on management of the program within the County's designated
Development Areas. The Board took action at that meeting on two of the items presented, but left Items 2
and 4 for further discussion.
2.Require all future subdivision and site drainage easements to be dedicated to public
use. The Board requested additional information on program and cost impacts
on this item.
Mr. Foley said it is staffs recommendation that all future drainage easements (including stormwater
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basins) be dedicated to public use. They feel the current approach of leaving responsibility to private
owners has not been effective in achieving County goals. In general, private interests, chiefly homeowners'
associations, do not have the technical nor financial capacity to maintain this complex infrastructure in a
way that adequately protects public health (e.g., flood control) and the environment.
Mr. Foley said the County is having difficulty in dealing with projects where the necessary
easements are not available. The County cannot go on the property and do the things that need to be done
to address the goals, particularly the environmental goals which have been established. If there is a crisis
situation in terms of stormwater runoff, months may need to be spent getting an easement in order to
address the problem. There are a lot of easements on already-approved projects which are tied up by
mortgage companies. The landowners have approved the easements, but the actual signing and recording
of the easements have been tied up for months by mortgage companies. This whole process is time-
consuming for staff and does not address any established goals.
Mr. Foley said this problem will become more acute as the County continues to grow and become
more urban. Gaining control of these easements would allow for a more proactive stormwater program in
that maintenance and improvements for water quality or flood control could be addressed when needed
and not after a lengthy process for acquiring new easements. Staff believes that the benefits of requiring
the dedication of easements to public use for all future subdivisions and drainage easements outweigh the
costs.
Mr. Foley said staff is not recommending having everything dedicated to the County. Owners of
property are already allowed to dedicate their facilities to the County by ordinance. What staff is
recommending is that easements be required as new development occurs.
Mr. Bowerman asked if there could be a taking retroactively (for example, in Wynridge). Mr. Davis
said in that situation, the streets are VDOT streets so VDOT holds the drainage easements associated with
the streets, and that is where their responsibility ends. Mr. Bowerman said the dedicated easements are not
where any lines are going. He said if existing projects are in limbo now because of the finance holders of
April 5, 2000 (Regular Day Meeting)
(Page 30)
these mortgages, how does the County deal with that situation? Mr. Davis said those are two separate
issues. The recommendation from staff is that the County require easements in new development be
dedicated at the time of development. Whoever ends up being the authority would then have dedicated
drainage easements in all drainage facilities within those subdivisions. Currently, existing subdivisions have
drainage easements which are not dedicated to the County or to the Albemarle County Service Authority
(ACSA). They basically give the property owners within that development the right to have the advantage of
those easements to properly protect their own property from stormwater issues. The only people who have
the right to exercise those easements are the property owners themselves, and not the County as a whole.
Mr. Bowerman said the property owners cannot use those easements unless they own their
property outright. Mr. Davis said the problem with the mortgage companies is that there is a common
provision in most mortgages that says the owner cannot deed away property rights without the permission of
the mortgage company, or they have an automatic call on your mortgage. Even though the property
owners are in favor of this, and it would benefit their property, it still requires the mortgage companies to
sign off on these easements and it gets lost in their bureaucracy. Mr. Foley said staffs recommendation is
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that this situation be avoided in the future.
Mr. Martin asked if there were an authority established, would they then have the ability to take
property on some of the easements which are tied up now. Mr. Davis said an authority does have
condemnation powers and they could do that.
Mr. Dorrier asked which option, #1 of #2, would be the more expensive (see staffs report which is
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on file in the Clerks Office). Mr. Tucker said there would be no difference in cost whether the County or the
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ACSA took this responsibility. Mr. Davis said if the assumption is that a fee would be attached under either
of those options to pay for maintenance, there would be no difference in cost. If County assumes the
responsibility and supplemented it from the General Fund, then that cost could be shared by everyone
throughout the County and the cost of that particular development could be less. That would be a different
decision than either option mentioned.
Ms. Thomas said it is interesting to have both the DISC Committee report and the issue of
stormwater on the same agenda. How the County deals with stormwater drainage is important to the
neighborhood plan, particularly site planning that respects the terrain, and where utilities go in the streets,
and how to use stormwater management and open space and parks. She does not think the Board should
hand this responsibility over to the ACSA. She is always hesitant about authorities. If the Board is about to
adopt a process saying it is important how stormwater is handled, and how to develop in-fill property, it is
inconsistent to pick out this piece and hand it to another group. It is more difficult to make a separate
authority adhere to sustainability and DISC Committee goals, because that authority has to be
self-supportive and pay for everything with user fees. The bottom line becomes important, not because
they have no interest in the environment, but because it is crucial that they have a balanced book. The
financing and the costs have to be very high in their thoughts. She said that if the advice is that there cannot
be a user fee-based program, then maybe the Board should look more at the type of stormwater utilities
that other counties have, if that is an option. This is just the Countys stormwater that is being dealt with and
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she thinks it is important to keep it where the public can demand that the County do things right.
Mr. Foley said the essential difference is control of the program. At the March meeting, staff asked
the Board if they wanted to establish a program County-wide, or on a case-by-case basis. If the response
to that question was positive, the next decision would be whether to establish a stormwater district as a
County service district or through the ACSA. Ms. Thomas said that is a different issue. Her issue is with the
last part of Mr. Foleys question. Does the Board want to have stormwater in a special district handled by
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the ACSA or by the County? She prefers that it be handled by the County. Another issue is whether to do it
County-wide or to develop service areas within the County. She thinks it should be service areas within the
County.
Mr. Martin suggested that the Board take just one issue at a time. He asked if the Board wants to
make dedication of new facility easements a policy.
Ms. Thomas said Mr. Bowerman said earlier how important it is for a neighborhood to recognize
this as something for which they are responsible. Mr. Bowerman said he wondered if there should be a
stakeholder buy-in with the neighborhood. He would think that people in a neighborhood with these devices
should have some additional incentive to keep their costs down by having some stake in it.
Mr. Martin asked if Mr. Bowerman was referring to new facilities. Mr. Bowerman said for new
facilities and any location where the County has to go in and get a public easement in order to do the work.
Mr. Davis said it is difficult to do that. There are some places where the County needs easements and the
people have had no problems at all because the drainage doesnt affect them. Then there are some lot
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owners who are significantly impacted, where there is flooding. The people who arent affected are not very
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agreeable to sharing in the costs, and they are not willing to enter into an agreement. The only people who
have an incentive to share in the costs are the people whose basements are flooded.
Mr. Bowerman said he was talking about on-going maintenance. Mr. Davis said that in existing
neighborhoods where these facilities are located, there is no incentive for people to agree to participate
financially. In new developments, staff has not come up with a hook yet to make that happen. He is not
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familiar with any other locality which has ever done that either. Staff agrees with Mr. Bowerman
conceptually, but just has not found an implementation method to make it work.
Mr. Martin said he agrees with Mr. Bowerman that the County should not give up the search. For
April 5, 2000 (Regular Day Meeting)
(Page 31)
the purpose of dedication of easements for public use, he believes all of the Board members agree.
Mr. Martin asked about the question of user fees. Mr. Foley said if a user fee were assessed, it is
estimated that the average residential unit would pay between $1.00 and $1.50 per month. Every water
user in the district would be assessed the fee, not just the people using the system.
Mr. Martin asked the feelings of the Board members concerning establishing a service district. Mr.
Dorrier said it is an important issue. He asked if it is correct that the ACSA could asses user fees, whereas
the County cannot unless a district is set up. Mr. Foley said there is also the question of who controls the
program, and that is a separate issue. He thinks Ms. Thomas was saying she would like for the County to
have control of that in furtherance of County goals. If that is the decision made, that can be done either
through a district or county-wide. The first decision to be made is whether the County or the ACSA would
have the authority. After that, the Board could decide whether it would be County-wide or just in a district.
In response to Mr. Dorrier, a user fee could be assessed by either the County or the ACSA.
Mr. Martin said he thinks it is the sentiment for the Board to retain control of stormwater
issues. Mr. Dorrier said while he would like to see the County have input, he has additional questions
because he thought the ACSA was setup to bill and collect user fees. He is not convinced they would not
do a good job. Mr. Bowerman said the ACSA might need to be restructured to make it more accessible to
policies which go beyond boundary items. He said there could be more direct involvement by elected
officials, if that were desired.
Mr. Dorrier said he understands Mr. Brent is not looking for the job of regulating stormwater. Mr.
Tucker said the ACSA is involved in all plan reviews. They would still be involved in that. He said Ms.
Thomas' concern may be how far the County's authority would extend because the ACSA is a separate
entity.
Ms. Thomas said she thought it would be less expensive for the taxpayer if the County used the
ACSA even if there were a separate fee schedule for the service districts. She does not think this is time for
the Board to give that portion of the County government to the ACSA. Mr. Dorrier said he was not
suggesting that the Board give up control of stormwater, but is suggesting a compromise arrangement in
order to use the ACSAs ability to bill the user fees with Albemarle Countys control. He is suggesting the
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possibility of a joint endeavor for stormwater.
Mr. Perkins asked if Mr. Dorrier was suggesting that the ACSA would collect the fees and then turn
those fees over to the County and the County would maintain the stormwater facilities. Mr. Dorrier said
no. He is saying that the County could use the ACSA's billing structure with Albemarle Countys
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engineering expertise.
Mr. Bowerman said properties located in the service areas now which are not connected to water
and sewer would also need to be billed to benefit from stormwater control. Mr. Foley said staff has
received information from localities which have used service authorities as a billing mechanism through a
contractual arrangements. If the ACSA has the administrative structure, this is a possibility.
Mr. Martin asked if the ACSA were expanded to include stormwater, and a problem arose with the
arrangements, how difficult would it be to take those responsibilities back? Mr. Tucker said that is where
the compromise would come in with the ACSA doing the billing, and the County doing the actual work. He
does not know where those issues would arise since the ACSA is involved in the plan review process. Once
the County sets the guidelines in place, those will be County ordinances. The one difference is where the
County creates separate detention basins, such as the one in Birnham which is about to be built. That
basin is not related to a particular development, but is a separate basin which the County has determined is
needed for management of overall stormwater drainage. He does not think there will be many like this
because they have already been identified in the Comprehensive Plan.
Mr. Martin suggested as a possible solution that the ACSA be given that responsibility. Then, if a
problem occurs, pull back and maybe contract. Ms. Thomas said she would rather do it the other way
around. If it becomes something that is redundant and every site plan is just rubber stamped, the
responsibility could then be handed over to the ACSA. She said it would require expensive equipment
being purchased by the ACSA. Whoever takes over this responsibility will make some significant
investments, which would make it difficult to pull back from the ACSA.
Mr. Martin said he feels the ACSA is the expert at this time. Ms. Thomas disagreed saying the
Countys Engineering Department has the expertise in dealing with erodible slopes and stormwater. Mr.
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Martin said he was talking about the design of the facilities. Mr. Tucker said a lot of that work would be
contracted out, as it is now.
Mr. Martin asked the pleasure of the Board. Mr. Dorrier said he felt the Board was being a little
unfair. He said the people from the ACSA should be allowed to speak at this time. Mr. Davis said that on
the planning issue, there are two different components. One is the standards that would be required with a
single development, which could be set by the ACSA, such as width of easement, type of drainage, and the
as-built standards. The second component is regional stormwater management - where basins should be
located, the size of the basins, etc. That has a more significant impact on planning such as that envisioned
by the DISC Committee. The County would continue to have major control over where those types of
facilities are located through the zoning and land use process. The ACSA, if they were involved, might
determine the physical characteristics of how those things are built, but the County could control the
location and size of the facilities. Mr. Foley said at the last meeting the Board approved a recommendation
April 5, 2000 (Regular Day Meeting)
(Page 32)
so staff could prioritize drainage basin studies. The planning will be done, and it will be known where the
basins are to be located.
Ms. Thomas said planning is very important. If the County is trying to develop a stormwater basin
that is going to be an integral part of the center of a neighborhood and the County wants to use bio-
retention methods, the County may want to have it shaped by some larger goals than just getting the
stormwater held for a few hours and released a bit at a time. She is not suggesting the ACSA would not do
it correctly.
Mr. Bill Brent, Executive Director of the ACSA, said the position of the ACSA's Board of Directors is
still neutral. The biggest issue in this is defining the user. Is the stormwater user the property owner or if
this is given to the ACSA, is the stormwater user the water and sewer customer? Not everybody in a service
area is a water and sewer customer, and every water and sewer customer is not a property owner. If the
property owner is the user, then the ACSA does not have that billing capability. A lot of assumptions are
being made because there are no clear guidelines with which to work. The EPA has issued broad
guidelines, and now the states must refine those into a plan for each state. If the ACSA were given this
responsibility, it would work with the County so it would be a mutual goal. However, once debt is issued, not
only must the ACSA please the governing body, but it would also have to please the bondholders. That
puts a different dimension in it when the Board speaks of giving the authority to the ACSA and then maybe
taking back that authority because the county would be taking back a lot of debt with it.
Mr. Dorrier asked about the cost. Mr. Brent said based on the little he knows now, he estimates the
cost would be between $1.0 million and $1.5 million per year. Not knowing what the regulations are going
to be, the cost could be less, or a great deal more.
Mr. Martin asked the pleasure of the Board. He said the Board does not need to take any action
today. Would the Board members like to have additional information?
Ms. Humphris said the Board has not addressed the nuts and bolts if the County were to do this
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itself. She understood Mr. Tucker to say that the physical part of it would most likely be contracted out. In
other words, the County would not set up a major public works department. Mr. Tucker said a lot would
depend on the new regulations. Now, the County contracts out those projects which the County has to
finish.
Mr. Bowerman asked if the billing could be done through the Finance Department. Mr. Tucker said
it could be done that way once service districts were determined. He said the ACSA has equipment, but he
thinks they would probably contract out some of the work. Mr. Brent said this would be an expansion of
their current operation.
Mr. Dorrier felt more information is needed before making any decision.
Ms. Thomas asked if there is any consensus that the Board is leaning toward Option 2, which
means the Board would get more information from staff. Ms. Humphris said she is leaning toward Option 2.
Mr. Dorrier said he leaning toward a compromise between Option 1 and Option 2. He said the ACSA has
expertise in water management. Maybe they could be part of a separate commission set up to deal with
stormwater management. Mr. Davis said what Mr. Brent pointed out is an important issue. The ACSA
system is set up to bill water and sewer customers who are not necessarily property owners, and they do
not necessarily reflect all of the property within a service district that would receive an advantage from the
stormwater drainage system. They have the enabling authority to bill property owners, but it would require
them to revamp their system or to layer their system so they would have two different billing systems. That
may not be practical or desirable. The County has a tax system which taxes property owners, and it may be
more consistent with who the beneficial users would be of drainage improvements. It would require the
County to create a billing system in addition to the tax system.
Mr. Martin said he does not want staff to do a lot of work. To him, it sounds like the Board does not
have enough information on which to base a decision.
Mr. Dorrier said he would like to have a cost benefit analysis on the pros and cons.
Mr. Perkins said one thing he likes about the ACSA handling this is that they can borrow money
without holding a referendum. Looking at recommendation #1, there might be certain situations where
these facilities should be held privately, but there should be some mechanism created to be sure they will
be taken care of. For instance, if there were a large development under one ownership or one party, there
should be some way to control that facility, and just as in the case of bonding roads, it could be bonded in
perpetuity. He would prefer that the County not do anything more than it has to do.
Mr. Martin said a lot of the DISC recommendations talk about the County having a bigger
responsibility for public works. Ms. Humphris said the Board has to keep in mind that turning this over to the
ACSA and then taking it back would not be possible because of their bondholders. Mr. Tucker said it could
not be done for the projects which were already bonded at that point in time.
Mr. Martin said he does not have strong feelings in either direction. Ms. Humphris asked if there is
information which has not yet been presented. Mr. Mawyer said one of the basic questions is whether the
Board wants to have a service district with a user fee. Then the question is one of who manages that
district. Either the ACSA or the County could have a user fee within the district. If there is a district, there is
also the rest of the County. The rest of the County will also require a stormwater management program
April 5, 2000 (Regular Day Meeting)
(Page 33)
which presumably would remain with the County. In other words, the question has been posed as to who
will manage the district. It leaves the Engineering Department to manage the rest of the County. There are
large lot, small quantity subdivisions and roadside drainage channels all over the County. The district might
be 40 square miles. The remaining 700 square miles would stay with the County. In one sense, it is not an
either/or situation. The County will have a stormwater management plan and program, and the question is
whether the Board wants to designate an urban district, such as the Development Area and have someone
else manage it who has the authority to borrow money or bonds. Both the County and the ACSA share the
authority to create a user fee within a designated district. Both can generate revenue.
Mr. Dorrier asked for information on setting up a separate stormwater service authority. Mr.
Mawyer said he understands that could be the Board. The only difference is that the authority could borrow
money without a referendum.
Mr. Martin said it seems to him that the Board needs more information on this subject. Mr. Dorrier
asked if staff had looked into the possibility of setting up a stormwater authority under the Countys
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auspices. Ms. Thomas asked how that would differ from a public utility authority. Mr. Davis said a
stormwater utility is not an authority. It simply operates under the Public Works Department and the County
has the enabling authority to charge fees for stormwater services through a normal county government
mechanism, but it could not borrow money without a bond referendum or use other entities which have the
authority to borrow money. If another service authority were created, it is possible for the Board to act as
the members of that authority. The advantage of that would be that that authority could borrow money for
large projects based on revenue bonds. That could be advantageous for building regional stormwater
facilities if developers dont build them. It is a possibility. Mr. Foley said the central issue is whether the
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Board wants to retain that ultimate control. That is the central decision of this issue.
Mr. Martin said he has no strong feelings either way. Logically, it seems to him that since the Board
cannot establish the authority and then pull back from it, it would make more sense to move forward. He
has not heard any Board member express a strong opinion for either option. Why not move forward by
letting the County do it because the Board can always do the reverse which is to establish an authority.
Ms. Thomas said unless there are overriding interests, she does not think the Board should ever
take an important function of government and remove it further from the voters than having that
responsibility on the shoulders of the Board. She sees no overriding interest in this proposal to take this
function and put it into a service authority. She does not know enough about how the Board would proceed
to do that, so she asked that staff give the Board more help on how to proceed. Mr. Mawyer said if the
County retains program authority, it could still look to the ACSA to, in effect, subcontract to the County and
provide services for the County. That way the County retains decision control making, but they execute the
maintenance plan once the facilities are built.
Mr. Martin said he thinks the consensus is to move ahead and get more information based on the
concept of the Board retaining control at this time. He asked if anyone dissented with that statement.
Mr. Perkins said Mr. Mawyer broadened the scope of this by looking at stormwater detention for the
whole county. He thinks there is still a question of who pays and maintains the detention basins. Maybe
rather than expanding the focus, it should be concentrated and look just at detention basins for now. Mr.
Mawyer said if communities such as Forest Lakes want to retain their own drainage facilities, the County
would probably allow that to happen through some agreement. He does not think the County would strong
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arm everyone to give everything to the County if they have good reason and the capability of managing that
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facility.
Mr. Martin asked if everybody was in agreement as to the big picture of moving forward with the
concept of the County retaining more of the responsibility at this point. There were no dissenting remarks.
_______________
Agenda Item No. 13. Closed Session: Personnel and Legal Matters.
At 12:53 p.m., Mr. Bowerman offered motion that the Board go into Closed Session pursuant to
Section 2.1-344(A) of the Code of Virginia under Subsection (1) to consider appointments to Boards and
Commissions; and under Subsection (7) to consult with legal counsel and staff regarding specific legal
matters relating to an interjurisdictional agreement, and specific legal matters relating to litigation
concerning highway construction. The motion was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
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Agenda Item No. 14. Certify Closed Session.
At 2:47 p.m., the Board reconvened into open session and was called to order by Ms. Thomas, the
Vice-Chair. Motion was immediately offered by Mr. Bowerman that the Board certify by a recorded vote
that to the best of each Board members knowledge only public business matters lawfully exempted from
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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.
April 5, 2000 (Regular Day Meeting)
(Page 34)
The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
ABSENT: Mr. Martin.
(Note: Mr. Martin returned to the meeting at 2:49 p.m.)
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Agenda Item No. 15. Appointments.
Ms. Humphris nominated for appointment to the Rivanna Solid Waste Citizens Advisory Committee,
Ms. Cynthia Deupree, with her term to run from April 5, 2000, through December 31, 2001. (This
appointment is to replace Ms. Lisa Briskey.)
Ms. Humphris nominated for reappointment to the Commission on Children and Families, Mr. Larry
Miller, with his term to run from July 1, 2000, through June 30, 2003.
Ms. Humphris nominated for reappointment to the Community College Board of Directors, Mr.
Charles J. Gross, with his term to run from July 1, 2000, through June 30, 2004;
Ms. Humphris nominated for reappointment to the Library Board, Mr. Robert F. German, Jr., with
his term to run from July 1, 2000, through June 30, 2004.
Mr. Humphris nominated for reappointment to the Region Ten Community Services Board, Mr.
Peter L. Sheras, with his term to run from July 1, 2000, through June 30, 2003.
Motion to make the appointments was made by Ms. Humphris and seconded by Mr. Bowerman.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
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(Note: Mr. Martin assumed the Chair at this time.)
Agenda Item No. 16. Other Matters not Listed on the Agenda from the Board.
Ms. Thomas said there will be a community workshop on Saturday, April 8 from 9:00 a.m. to noon
to discuss the Eastern Planning Initiative which is looking at the area from Greene County to Fluvanna and
Louisa counties by way of Charlottesville. Anyone who is interested in either transportation or land use
planning should attend. This Planning District Commission was awarded one of 30 grants throughout the
whole nation for this combined land use and transportation planning process. It will develop a computer
program which will be unique which is supposed to be usable throughout the whole nation.
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Ms. Humphris mentioned a letter the Board had received from a citizen who had asked about the
traffic light at the intersection on Rio Road with Greenbrier Drive. He said those exiting the Greenbrier
neighborhood and those exiting the Chevron gas station both have green lights and there is no sign to
indicate which should yield. He said he was also sending his letter to VDOT and the City. Mr. Tucker said
that light is the responsibility of VDOT and the City, and since his letter was sent to them, that should take
care of his concern. Staff will follow up to see what they decide.
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Ms. Humphris asked about Agenda Item No. 5.11 concerning the Farmer's Market. She thought
those markets were all now legal. Mr. Tucker said once the bill is signed by the Governor, the legislation
will be effective July 1, 2000.
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Mr. Bowerman asked the Board's concurrence with a request from the Charlottesville Catholic
School to him. They need a modification of their temporary use at Four Seasons for their school. They
want to extend that use and add 50 children. There is no opposition from the neighborhood. Assuming the
request goes through the Planning Commission on a Tuesday, would the Board members be willing to hear
it on the next day, Wednesday night, rather than delay the request for the regular hearing date one month
later? He told them the Board would probably hear the request the next night if there were no problems at
the hearing before the Commission.
Ms. Humphris agreed since she said the Board had already heard the original request.
Mr. Martin asked if the Board should vote to approve the request. Mr. Bowerman said he did not
have the specifics with him at this time. Mr. Tucker said if it is the consensus of the Board to hear the
request as proposed by Mr. Bowerman, that is enough for staff to move forward with the request.
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Agenda Item No. 17. Recess. At 2:55 p.m., with no further business to come before the Board at
this time, the Board recessed.
April 5, 2000 (Regular Day Meeting)
(Page 35)
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Agenda Item No. 18. 7:00 P.m., Reconvene in the Auditorium for a Public Hearing on the Budget.
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Agenda Item No. 19. Call to Order. The meeting was called back to order at 7:00 p.m. by the
Chairman, Mr. Martin.
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Agenda Item No. 20. Public Hearing to receive Comments on the recommended County Operating
Budget for FY 2000-2001. (Advertised in the Daily Progress on March 26, 2000.)
Mr. Tucker made a presentation of the proposed budget using slides. He first mentioned items
which are budget drivers. He said the Board of Supervisors approved a proposed FY 2000-01 operating
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budget of $161.6 million at its final work session on March 22, 2000. He explained in detail how the
proposed budget had changed since the previous public hearing at the first meeting in March.
Mr. Tucker said revenue changes to the recommended budget total $3,094,162, and reflect the
following: a proposed $0.04 real property tax rate increase of $2,580,368, a $399,584 increase in State
education funds and $114,210 in miscellaneous General Fund revenues. One-half of the proposed rate
increase would be allocated to the School Division and General Government operating budgets, with the
School Division receiving 60 percent ($774,221) for unfunded budget initiatives, and General Government
receiving 40 percent ($516,147) for Board funding priorities. The remaining $0.02, or $1,290,000, would be
placed in reserve for future capital needs, including expansion and renovation of the Court system,
unfunded School capital projects, fire and rescue stations in the northern and urban parts of the County,
and urban infrastructure (sidewalks, street lights, neighborhood improvements, new library branch and
facility improvements, as well as athletic field development). The $114,210 increase in other miscellaneous
General Fund revenues consists of the following: $155,115 in additional local revenue to offset the cost of
General Government budget initiatives added by the Board (including $81,490 in the Fund Balance for
one-time expenses); a $21,965 reduction in State revenues reflecting the net impact of lower than
anticipated 599 Funding for law enforcement; and an $18,940 reduction adjustment to the School transfer
for Information Services technology support.
He went on to explain that expenditure changes in the General Fund total $2.7 million and include
the following: a $774,221 increase in the School Fund transfer (60% of the $0.02 rate increase for
operations, a $1,290,000 Debt Service/Capital Projects Reserve, and $658,458 in funded additions to the
recommended General Government budget. (The proposed General Fund budget also includes a
$139,124 reduction in operational costs, generally reflecting a decrease in budgeted insurance premiums,
as well as an offsetting $111,023 increase in the Board's contingency reserve). Funded additions to the
General Government budget include the following: a pay increase for part-time election officials
(Registrar's Office); additional salary stipends for the Commonwealth Attorneys staff; a 0.5 FTE expanded
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Police Evidence Property Clerk (January hire); a 1.0 FTE Civilian Patrol Support Assistant (Police); 2.0 new
Police Traffic Officers; additional operating costs in the Sheriff's Office; Fire/Rescue training materials; a 1.0
FTE Volunteer Fire/Rescue Coordinator position; a 1.0 FTE Engineering Inspector for Capital Improvement
Projects; a 0.5 FTE expanded custodial position in Public Works (January hire); a Geriatric Assessment and
Intervention Team (GAIT) nursing clinic in Southern Albemarle County (JABA); Sunday hours at the
Northside branch library; additional clerical staff at the Crozet and Scottsville Library branches; local
funding for a Criminal Justice Planner at the TJPDC; extended CTS bus service to Wal-Mart along Route
29; and a $200,000 increase in budgeted funds for CSA. The ending Board of Supervisors contingency
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reserve totals $203,897 which could be added to the Debt Service Reserve, the Capital Reserve Fund, or
used for other initiatives.
Mr. Tucker said School Fund expenditure changes reflect the $774,221 increase in the transfer
from the General Fund, plus $399,584 in additional funding from the State. These additional funds, when
combined with the School Board's budgeted reserve of $50,000, projected expenditure savings of
approximately $461,537 due to reduced health premiums, and a $633,000 one-time reduction in VRS
retirement costs for FY 2000-01, provide a total of $2.3 million with which to fully-fund the School Board's
budget request.
Mr. Martin provided instructions to the public on the way the public hearing would be conducted.
He said that more than 100 people had signed up to speak, so he will enforce firmly a three minute time
limit on comments. In order to save time and prevent any kind of rudeness to one another, he is prohibiting
any applause. He then opened the public hearing for comments.
Mr. John F. Keith said generally, he finds the budget acceptable. Mr. Tucker did an outstanding job
explaining the need for the increase in the tax rate. In examining the line items in the budget, he found no
specific line item exorbitant in cost, and he takes no offense with any line item as to how his tax dollar is
being spent. He thinks there may be some room for improvement in the budget, for example, a zero-based
budgeting process might find some savings over the years. He said the proposed increase in the tax rate is
not a lot of money individually. For him it is about $60.00, and he then handed a check for this amount to
Mr. Martin, who accepted it with a word of thanks.
Ms. Lea Anne Harrell said she feels the Board will hear from many people tonight, including the
Conservative Coalition. She addresses the Board as co-President of the Meriwether Lewis PTO and
concerned parents. They know there is a need for the tax increase. They wonder how many people
involved in the Conservative Coalition volunteer in the schools, or are teachers. By volunteering, they would
April 5, 2000 (Regular Day Meeting)
(Page 36)
see that class sizes are too large, there are too few teacher assistants, and not enough reading specialists.
This County has not funded a nurse for their school in the past, and will not next year. They feel there is no
fat in the budget. This year Meriwether Lewis has 470 students, and 22 classroom teachers, so there
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should be 21.3 students per class. This is not true because there is not an even distribution of teachers in
each grade level. The Conservative Coalition has paid for T.V. and newspaper ads which claim that taxes
will be raised by 16 percent. She said these numbers are misleading. In reality, less than one-half of the
Countys residents might pay a 14 to 16 percent tax increase if a four-cent tax increase is combined with the
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reassessment of eight percent. As parents who volunteer, they know that the schools need more than the
current funding. The County must not rely on volunteers to take the place of professional teachers. They
feel it is essential that the Board vote for the tax increase. She asked that all present who supported this
view, stand and be recognized.
Mr. Brian Wheeler said he is the parent of a second-grader at Murray Elementary. He urged the
Board to vote for the four-cent tax increase to insure that the School Boards budget request is fully funded.
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He said that many who oppose the tax increase do not have children in the schools. The parents are like a
team of auditors, and they have first-hand knowledge of the resource problems in the County. The schools
need help, and the principals and teachers need better salaries. The Board should not fear a backlash if it
votes for a tax increase because there are a growing number of citizens, not just parents and teachers, who
support a higher standard in the schools, in the Countys leaders, and in government services. They want
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increased funding for the schools, and they want it in this budget. The naysayers have held court in
Albemarle for too long, and it is time to make a vote for positive change before it is too late.
Mr. Wheeler said those who are opposed to the tax increase are practicing the politics of distortion
and exaggeration. He said the Conservative Coalition has insisted on accuracy in the Countys budget
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numbers, but they are playing fast and loose with their numbers in the no new taxes campaign they are
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running. They say the teachers are much better paid than all realize. Their ad states that the average
teachers compensation will be in excess of $51,000. They dont use the word salary. The figure of
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$51,000 grossly distorts teacher salaries because it includes everything - salary, retirement, health
insurance, life insurance and even stipends. Second, the Conservative Coalition is trying to incense the
public by relying more on percentages than dollar amounts in their presentation of the tax increase
proposal. Why? Because the dollar amounts are so small, it leaves them with little to stir up the pot of
contention. Further, even when they use percentages, they choose the highest numbers they can find with
respect to reassessments. If you divide all the properties in Albemarle into four groups based on their
value, and apply a four-cent tax increase and an eight-percent reassessment, the result is that over one-
half of the business and residential properties would pay less than $50 this calendar year on the average.
Those same groups in the year 2001, would pay on the average less than $100. That is nothing like the 16
percent jump the Conservative Coalition makes the public fear will appear in their mailboxes all at once.
Mr. Bob Moorefield said he is the area President of Crestar Bank, but he appears before the Board
tonight as Chairman for the Board of the Charlottesville Regional Chamber of Commerce. He also has two
children in Albemarle County schools. He said the Chambers mission is to represent the private sector,
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promote business and enhance the quality of life in the greater Charlottesville region. Over 50 percent of
their 1600 members are located in Albemarle County. Their members have consistently voiced strong
support for increased investment in County public schools. They are on the public record supporting this as
a priority. (Note: There were repeated calls from the back of the room that the speaker could not be
heard.) Mr. Moorefield said the Chamber is known for encouraging a fiscal conservative approach on
spending in each of their regional jurisdictions. Annually, they review all potential revenue sources and
essential needs before considering support for new tax sources and tax increases. Four years ago, the
Chamber went on record as supporting a Meals Tax and an increase in the Transient Lodging Tax rate.
This difficult decision was driven by a strong desire to support public education needs. They have
supported an increase in taxes when it is demonstrated that it is needed and is the only alternative. Their
position on the pending real estate tax increase is that there is absolutely no need for the tax increase this
year and that there are innovative solutions to this years perceived revenue shortfall.
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Mr. Moorefield said the Chamber feels the priorities of the School Board and the School
Superintendent can be met without a tax increase, and without cutting into the programs in the general
county budget. He said Christoper Lee will speak next and provide some details on a recommendation as
to how to achieve that goal. In closing, Mr. Moorefield said they do not want to find the County in a similar
position every non-assessment year. They recommend that the County create a Blue Ribbon Fiscal
Commission to work from a zero-based budget and to carefully review current and future revenue and
expenses and project tax rate increase models every five years. He said this would allow a thoughtful and
proactive approach instead of a crisis-managed approach which produces only temporary solutions, or tax
increases, as an escape valve. (Note: There were calls from the back of the room again that the speakers
could not be heard.)
Mr. Christopher Lee said he is present as a representative of the Chambers Budget Subcommittee
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and the parent of two children in the Albemarle County schools. He will add to the remarks made by Bob
Moorefield. He will address a solution for the School budget shortfall without triggering a tax rate increase.
He said Albemarles school population growth has been at 2.3 percent annually over the last five years. In
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the same time period, the budget has increased approximately seven percent annually. The large budget
increase for this year is only justified by the need for competitive salaries to maintain the core of teachers.
His Committee has found in excess of $1.9 million in other parts of the budget to cover the School Boards
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entire wish list. It recommends the use of the $700,000 in relief from the Virginia Retirement System, and
the $465,000 in savings on health insurance to cover that wish list. Then, by using up to $800,000 of the
$1.0 million allocated to the Acquisition of Conservation Easements program, the entire shortfall could be
eliminated. This would affirm that public education is a higher priority than the purchase of development
rights.
April 5, 2000 (Regular Day Meeting)
(Page 37)
Mr. Lee said his Committee wishes to acknowledge that this one-year solution is built on $1.5
million of non-recurring funds. While this is not ideal, it is far more ideal than under-funding education or
subjecting the citizens to a creeping tax rate. He said there is a projected surplus of about $2.8 million
which remains untouched and available to replenish the $800,000 from the ACE program. This plan
would bridge from now until a budget cycle in which the Countys coffers will once again be flush with
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recurring funds from a tax reassessment projected to be in the neighborhood of seven to ten percent.
Mr. Lee said recent rhetoric is too simplistic when it suggests that there is a contest between public
education or a tax increase. For this year, other moneys targeted for much lower priority items can bridge
the gap. The Chamber believes that a good education is the foundation of the excellent quality of life in
Albemarle. It urges the Board to consider the appointment of a Blue Ribbon Fiscal Commission to consider
the County budget and to weigh the Countys budget priorities, including the 60/40 split between Schools
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and General Government. For this year, available resources to close the gap in School needs and place
the priority with the Schools, are needed.
Mr. Tom Grinde said he is present tonight in his capacity as a member of the Executive Committee
of the Charlottesville Regional Chamber of Commerce. He is a product of the Albemarle County Schools
and has two children who will be future attendees of these schools. Members of his family have been
members of the agri-business community in Albemarle since 1960. He said the Chamber rigorously
supports protection of the beautiful rural open space, and it works to stimulate the agri-business
community. It supports the Land Use Taxation plan which discounts the real estate tax rate to landowners
who are farming or leasing their land, thus keeping the acreage affordable as open space. The Chamber
has closely watched the Countys rural areas study. This past year, the Chamber openly supported the
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concept and value of inaugurating an acquisition of conservation easement (ACE) program. At the same
time, they cited concerns about funding of this programming and worried that it would trigger a tax increase.
The Chamber is also concerned about dedicating moneys to a program that does not have a drafted
ordinance. Waiting for the rural areas study and seeking adequate public input are vital steps to completing
the writing of such an ordinance. For these reasons, they recommend using up to $800,000 of the $1.0
million set aside for the ACE Program to fund immediate needs for better public education, instead of
funding an ACE Program which will trigger a tax increase. ACE would still have $200,000 to cover the
administrative costs of drafting the ordinance, and allow all the time needed to complete the rural area
study. In closing, and to support the Chamber Chairmans statement, education can be fully funded as
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requested by the School Board, a tax increase can be avoided, and the actual purchase of development
rights need to be delayed only one year, while still establishing the ACE Program administratively.
Mr. Dennis O'Leary said he is present tonight as a member of the Charlottesville Regional
Chamber of Commerce. As a member of the Chambers Budget Subcommittee, he has been studying the
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budget process for over three years. He does have two children in the Albemarle public schools. He said
that in fiscal 91, long-term debt per capita in Albemarle was $373. While projections for 2001 and 2002
>
still remain under the recommended $1000 maximum per capita, projections for 2003, 2004 and 2005 will
exceed the recommended maximum. Mr. Moorefield said earlier we do not want to find ourselves in a
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similar position in every non-reassessment year. In July of 1993, when the City of Charlottesville was
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feeling financial pressure, their City Manager formed a blue ribbon fiscal commission known as the
Citizens Advisory Committee on Efficient Government. This committee gathered the talents of 18 people,
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the majority pulled from the business community. The task put before this group of business leaders,
government experts, and community activists, was to project and consider current and future revenue and
expense requirements for the City. Three subgroups were developed concentrating on budget shortfalls,
long-term plans and reinventing government. They worked from a zero-based budget so that everyone
could easily determine the cost of each project. Then each subgroup made recommendations to City
Council which provided the basis for a thoughtful and value-dictated process. As a result, the City no longer
needed to deal with crisis management and the resulting need to plug gaps or increase tax rates. He said
this Board has the opportunity to take the next six to eight months and form a similar committee, with strong
community input, especially from business leaders, to review current operating budgets and funding
priorities, such as public education, fire and rescue, juvenile courts, and other needed expenditures, so the
County is not in this position every other year. The Chamber recommends that the Countys leadership
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demonstrate the same fiscally responsible approach as did the City of Charlottesville, and go one step
further by continuing this process every five years.
Ms. Laura Hawthorne said she is present to speak as a member of the Board of Directors for the
Shelter for Help in Emergency. She said that over the past three years, more than 3800 people from
Planning District 10 have sought and received help from the Shelter. Nearly 19 percent of these people
were residents of Albemarle County. The Shelter gives victims of domestic violence a way out. Through
support programs and services it helps victims of domestic violence become survivors. Its work is critical.
Every day Shelter staff join the ranks of those who work to realize the dream that this community can
someday be a safe place for all residents, both in the streets, and in their homes. She said this Board of
Supervisors has played an important role in their work through its generous and consistent financial
support. She thanked the Board for that long tradition of support and urged the Board to fully fund the
Shelters request for the coming fiscal year. She said that without full support, the Shelters work, its
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programs and services, could be jeopardized by a budget shortfall and those who need support the most
might go unserved.
Ms. Jodi Neuhauser said she is a junior at Albemarle High School. She said that in her attic there
are stacks of notebooks filled with ideas and activities that her teachers have done with her; ideas that
someday she hopes to use with her students. However, now these notebooks will collect dust for she
April 5, 2000 (Regular Day Meeting)
(Page 38)
realizes that to subsist on a teachers salary is almost impossible. She has wanted to be a teacher her
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entire life, but now, due to the lack of respect given to teachers, and past controversies in this county, she
wants to work in a profession where she is not only respected, but paid enough to live off of more than food
stamps. Her mother, a teacher at Monticello High School, works three jobs in order to afford college
expenses for two children. She is department chair, head of drivers ed, an assistant athletic director, along
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with teaching five classes. She is rarely home before ten oclock and she, like many other teachers, has
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been in the County for 28 years. Her salary remains less than that of her peers outside of the Albemarle
County area. The lack of disrespect for faculty shown by the low teachers salaries in this County impacts
not only her family, but Albemarle High School as well. Many of the best teachers she has been taught by
have been forced to relocate and have already signed contracts in other areas for next year. A survey
conducted by the Albemarle High School broadcasting class found that out of 110 teachers at Albemarle
High School, 35 are currently looking for work elsewhere this year, and 57 will look elsewhere within the
next five years. That means that more than one-half of the teachers at Albemarle High School could be
gone in five years. Ms. Neuhauser said she will be away at college, but feels sorry for her sister for she will
receive her education from less experienced teachers because the most qualified teachers will have been
bought out by higher paying localities. She said the School Board includes the values of fairness, justice
and respect as values to be adopted within the School System. She urged this Board to adopt these values
when considering the teachers salary issue. Make Albemarle teachers salaries fair and just and show
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respect to the excellent job that teachers in the County do every day.
Ms. Kathy Verell was present with her daughter Whitney who read to the Board from a textbook
The people of Virginia all pay taxes to help the government provide you with services. A service is an act
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that helps people. You may not have noticed all the services Virginia offers you. Public schools and
libraries, public transportation, and government workers are all paid for with taxes. Ms. Verell said it is a
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simple concept straight from the fifth grade social studies SOL. A community pays for its services with
taxes. She said the team she is up against plays dirty. They labeled this Board as the Board that cant say
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no. She has come before the Board for the past seven years asking for more money for education, and
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the Board has said no to her. This Board has been accused of harboring the attitude of the citizens of
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Albemarle County can afford it. Ms. Verell said she thinks it is the elected State officials who harbor that
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attitude; it is called composite index. She asked if the citizens are to be lead to believe that growth is self-
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sustaining and not rampant by the statement only 21 percent increase in population. They are not all
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taxpaying citizens, because public school enrollment is up over 20 percent in the last decade and kids dont
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pay taxes, and the kids have not paid for the five new school buildings. Now, to the bottom-line, this County
has not funded growth, and even a four-cent tax increase will not meet all the needs of the growing
community. How can housing a criminal at $32,000 a year be justified, when only $5000 a year is used to
educate a child? It is a simple concept. A community pays for its services with taxes. The Board has to
have the leadership necessary to implement that concept. She thanked the Board members for their hard
work.
Mr. Peter Way said he was present on behalf of the Conservative Coalition to speak in opposition to
the proposed budget which along with a seven to ten percent assessment increase can mean a 16 percent
tax increase for the citizens. It is a burden which is unnecessary and unfair. The Board is making it hard on
young working families, as well as the elderly. The Coalition believes, and the facts show, that the increase
in revenues due to reassessment and natural growth are more than adequate to meet the needs of the
County. In the past ten years, there has been a population increase of 21 percent, and in government
spending, 89 percent. The problem is not population growth. It is government growth. The citizens were
told the Meals Tax would be sufficient to take care of needs for the foreseeable future. The Coalition
begged the Board last year to set aside some money in a rainy day fund, but all of the money was spent.
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Mr. Way said the Coalition had just a few comments concerning the School budget. They are
disappointed the Board again accepted an unbalanced budget. They think it was irresponsible that the
School Board spent no time looking at last years expenditures and spent the entire budget process only on
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how to spend new money. Because of this, and other reasons, two members of the School Board voted
against this budget. If teachers salaries are the number one priority, the Coalition feels there are ample
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funds available without increasing taxes. They do not think the reason for the increase should be fostered
off as being a shortage of teachers because the facts do not show this in Albemarle County. They are
concerned about the Countys ability to manage future capital projects. The County was $10.0 million over
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on the cost of Monticello High School and no one knows what the final figure will be on the Jail debacle.
The Coalition objects at this time to the $1.0 million for the ACE program. Finally, they are concerned
about the 13.5 percent increase in Public Safety. It is not all for police protection. How much of the budget
goes for a new fire station only one mile from the City line in the southern part of the County? That location
is questioned. How much of this money has already been spent on the Monticello Station and its
equipment? They wonder about the private and secret fire and rescue negotiations that have been going
on for over one year. How many other stations are planned? It appears that the County might be moving
toward a paid fire and rescue force, and that it might be slipped through without much public input, as the
Police Department was. The Coalition urges the Board to not pass this budget and unnecessary tax
increase. Mr. Way then asked that those in opposition to the tax increase stand. He said these people are
in support of Mr. Dorrier and Mr. Perkins for the stand that they took. He noted that these are not
employees of the system.
Mr. Martin said if the people present could not respect the rules as stated at the beginning of the
meeting, the Board would not stay and listen. At 7:43 p.m., he called a recess because the crowd was
unruly. The Board returned to the room at 7:45 p.m. and the public hearing continued.
Mr. Ron Bell said he is a school volunteer and chairman of the Albemarle County Republicans. He
read a resolution passed at their biennial mass meeting. They said the County had an increase in revenue
April 5, 2000 (Regular Day Meeting)
(Page 39)
greater than the rate of growth and the rate of inflation. They said the passage of the Meals Tax in 1997
was to have provided sufficient funds for County needs in the foreseeable future. Also, the Republic Party
stands, in principle, for keeping the burden of taxation as low as possible in order for citizens to retain more
of the money they earn. The Committee declared its opposition to the four-cents proposed tax increase. It
asked that the Board maintain the current tax rate of seventy-two cents. Mr. Bell said, for himself, he would
like to add a plea for civility tonight. He has attended these meetings in the past and has watched them
descend into partisan name-calling and personal invective. This is especially true as the hour grows late.
He said the proposed tax increase is an important issue, but it is one over which good and reasonable
people can and do disagree. It is a legitimate debate over the scope and cost of local government. He
hopes that as the night goes on, both sides can focus on the policy in question and not the personalities
involved.
Mr. Rollin Stanton said the answer is no. No, you cant have another nickel, you cant even have
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the four cents. (Mr. Martin gaveled and said the meeting will not be conducted in this manner. Either show
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respect, or the Board will continue to break, and if that doesnt work, the Board will ask those disturbing the
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meeting to leave.) Mr. Stanton said the Board did not do a good job of managing the $145.0 million the
citizens gave last year, or the $135.0 million the year before. He said the Board should tell the teachers
that when all of the fourth graders are reading at fourth grade level, it may consider giving them a significant
salary increase. Tell the department heads that they will have to provide the services that are needed by
the County with a simple five percent increase. If they cant do it, hire someone who can. It is time that the
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Board and the department heads understand that the well is not bottomless, but serves a lot of other
purposes other than just paying taxes. In spite of the fact that there has been a wave of unprecedented
economic prosperity for a number of years, the Board has managed to spend every dime that this benefit
has provided, plus all of the assessment increases, plus the new taxes, and at the same time, added $30.0
million to debt. Almost $9.0 million a year is needed to service the debt. He thinks that most of this could
have been mitigated by planning and fiscal responsibility. He does not think it is the Countys responsibility
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to act as father, mother and ultimate service provider for all the private and public things in peoples lives.
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The County cannot afford to do it, and it does not have the capability to do that. The answer is no. Make
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the decision here and now, or the citizens will at the polls.
Mr. Martin gavelled again and said the people of Albemarle County that he has known and come to
love and respect, would show the Chair the respect of listening to the rules of this meeting. He cant believe
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he would have to repeat himself three times.
Mr. Michael Huston said he lives in the White Hall District. Both he and his wife are interested in
education. They try to follow the County government and spending as well as they can. They are
essentially satisfied at how the County spends money. Looking at the budget, they think the Board should
pass the budget, and even though they are homeowners, they are willing to pay for it. They have two
children in school. Besides the schools, they think public safety, fire and police protection are important.
He asked that the Board pass the budget and pass the tax increase.
Mr. Will Harvey said he is the Albemarle County Democratic Party chair. He joins with Mr. Bell in
asking for public civility and a public discourse which does not include name-calling or making up facts that
are inaccurate to drive an argument. He thanked the Board for reconsidering the funding for the GAIT
Program which is part of JABAs mission to try and make sure the elderly, to the extent possible, remain at
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home and remain healthy with an assessment of their needs. He thinks it is important that a healthy debate
over budget options should not include a tax on the professionals who teach the children. He thanks the
public school teachers and administrators and the Board of Supervisors for the hard job each does, and Mr.
Tucker for his job, and asked that the Board stay focused on the critically important factor that all are in
favor of keeping Albemarle County a wonderful place to live, and that the public schools rise from the level
of not just good schools, but to the level of excellent schools.
Ms. Marla Muntner said she is president of the Albemarle Education Association, and she speaks
as an advocate for public schools. She thanked the Board for realizing that the schools are changing and
that the growing and changing population, the increased technology requirements, the underfunded State
mandates, and the ever competitive job market all require resources to insure the success of all Albemarle
County students. Ms. Munter said that retirement projections, results from surveys of school employees,
testimony from teachers and other school staff, all point to the same conclusion, the teacher shortage is
very real. All evidence nationally and locally points to the same conclusion. If the second highest cost-of-
living in the State is combined with the teacher pay scale, it is clear why there is a problem. She said there
have been many misleading calculations of teacher pay. She said the rank of Albemarle County teacher
pay when compared to the other 132 districts in Virginia, ranges from 70th to 30th depending on where you
look on the pay scale. Nowhere on the pay scale is Albemarle in the top ten percent. Ironically, the only
place Albemarle County comes close to being in the top ten percent in anything is in its capacity to pay for
schools as determined by the Virginia Department of Education where Albemarle ranks 16th from the top of
the 132 districts in Virginia. There is a significant and growing gap between the communitys wealth and
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effort toward schools. She thanked the Board for exhibiting leadership and for leading the community as it
experiences growing pains. She said the Albemarle Education Association hopes the community can work
together to make the most sound investment in the future.
Mr. Timmy Wyant said he owns two parcels of land in the County. The tax appraisals on these
parcels increased an average of 125 percent from 1990 to 1999. These properties contain no
improvements. In that time period, he requested a review of the appraisal and was assured by the county
assessors that this was consistent and not in excess of fair market value. Now, the Board plans to take
more money in the form of a rate increase. He has a problem with this. He has to live on a reasonable
April 5, 2000 (Regular Day Meeting)
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increase in the money he can spend. There is no reason this Board cant do the same. Increased taxes
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due to the rise in appraisal is more than enough. In his opinion, there is no revenue problem, but a
spending problem.
Mr. Keith Drake said he is a public school parent and volunteer. After studying budget summaries
and justifications produced by the County, he learned that two-cents of the proposed rate increase raises
nearly $1.3 million for additional expenditures. He finds it inconceivable that in last years budget of nearly
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$150.0 million, the Board could not find $1.3 million, less than one percent, in one-time expenditures that
are not needed again this year. Also, it was recently learned that the School Division overstated its
February budget request by nearly $1.1 million. He asked if there could be another miscalculation of one
percent that could pay for the remainder of its unbalanced budget. He said the Countys budgeting process
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doesnt question prior expenditures, but only focuses on justifying increases. As a business person, this
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amazes him. The remaining two cents of the rate increase is to be held in reserve for future capital needs.
The County Executive, in his message, stated that this revenue is for funds to begin to address the
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infrastructure demands of a growing population. The implication is that this is only the beginning. Mr.
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Drake said the Supervisors who voted for this increase also said the Meals Tax would eliminate the property
tax rate increases for the foreseeable future. Now, just three years later, the citizens are hit with another
large tax increase. Why should he believe the Board that this additional revenue will be held in trust?
Lastly, the County Executive, in his published letter, refers to the proposed tax rate increase as modest.
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When combined with an average real property assessment increase of ten percent, this equates to a real
tax increase of 16 percent. He thanked Mr. Perkins and Mr. Dorrier for supporting living within our means.
He asked when the Board would stand as a group against County special interest groups who view taxpayer
money as an endless source of revenue.
Mr. James Gill said he is a lifelong resident of the County and a product of Albemarle County
Schools. He said there are a lot of teachers in the audience who are selling for too little. They are taking
only a little pay raise. Earlier this year, one of the finest math teachers at Albemarle High School left
because in only one year in the business world, he can make more than he could at the 30-year mark as a
teacher. The pay increase is too little, too late. The teachers who are supporting this tax increase are
paying for their own raise on their own backs. The budget is excessively large, but the Board will not find
the guts to find the money within the budget to pay teachers what they are worth. Instead, the Board will
take it off the back of them as taxpayers. Taxes will be increased 16 percent, but the teachers wont get
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even close to that amount as a raise. He said there is a way to do it. In the business world they do it by
increasing productivity, then increase salaries and decrease expenditures. Somehow, this Board must find
a way to do that.
Mr. Jeff Douglas said he has been an Albemarle County employee for more than 25 years. He has
been a mathematics teacher for 28 years. The Board has heard from the usual gang of malcontents and
name-callers who like to call themselves conservatives. He thought it was a bedrock conservative principle
to pay bills and take care of your own responsibilities, not expect someone else to suck it up. It has been
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stated in newspaper ads and a website that the average teacher compensation in Albemarle County is
$51,000. That figure apparently includes all costs of employment including Medicare, retirement, health,
unemployment insurance and social security. That is pretty misleading. When that figure is compared to
other localities salary only figure, it is just a lie to say Albemarle is not in the top ten percent. These self-
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styled conservatives have termed the Board of Supervisors as the gang that cant say no. Actually, the
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County has been quite good at saying no to the childrens needs for school buildings and art programs
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and music education and maximum class sizes and all the other needs caused by growth. Excellence is
still wanted. Excellence is what the County had for years and years, at least until the State defined
excellence as a score on a test. The Albemarle Schools are still doing far better than most divisions in the
State, even on the SOL trivia tests.
Mr. Douglas said the Board has been saying no to its employees for years, content to let them
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work second jobs and live in other localities where they can afford housing. In recent years, the
Superintendent has been charged by the School Board with the task of robbing the senior, experienced,
career teachers to pay for new buildings, to lower class sizes and to pay for technology. Recently, the
School Board passed up a chance to help a group of experienced teachers who had been especially hard
hit by this practice. These teachers are leaving for other localities, for other jobs and for retirement, which
usually means another job since few can live on State retirement alone. He does not see a lot of quality
people waiting in line to replace them. A 4.25 percent raise will not have good people beating a path to
your door. The Board has reached the end of the line for balancing the budget on the backs of the children
and County employees. He asked that the Board do the right thing, and take even a small step in the right
direction. He asked that the Board vote yes for four cents.
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Ms. Lisa Harrison said she is present tonight to ask that the Board not vote for another tax increase.
The Board has heard the statistics. The population has grown about 21 percent, but the budget is almost
89 percent higher. Where is all this money going? Why is there a shortfall when this is the best economy
ever seen? If spending cant be controlled now, what will happen when the economy dips as it inevitably
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will? The four cent increase in the property tax is excessive. The property will be reassessed, and
estimates range between five and ten percent. An extra four percent is too much. She asked how
spending can be so out of control? The Charlottesville-Albemarle area is a very popular retirement
destination. There are also many single people who move here to work at UVA and other jobs in the
County. These people all pay taxes and they dont have kids to send to public schools. Why do the schools
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need so much more money? Their budget has increased four times the rate of enrollment since 1990.
She said many people think this tax increase will be a windfall for the schools. Not all of this money is
directed toward the schools and she doesnt think it should be. She thinks the Schools have problems, but
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by blindly throwing money at the problems instead of getting to the root of the troubles they do the students
April 5, 2000 (Regular Day Meeting)
(Page 41)
a disservice. Ms. Harrison said she knows several teachers who have left the public schools to teach at
local private schools for less money. Why? Because the teachers want to teach where the environment is
conducive to learning. They want the support of the administration, and of the parents. They want to teach
in a nondisruptive class. They want to address students who understand that learning is a privilege afforded
to them in this country. If a more effective environment is created where teachers can do their job, better
quality teachers will be attracted, and the schools will be more effective. Ms. Harrison said she sees no
correlation between teacher pay and student performance. She said higher tax rates are a bad idea.
Places with the highest tax rates are not the best places to live. The County has been spending at an
alarming rate. The gross overspending has to stop. The budget needs to be reeled in. In these
prosperous times, the surplus should be saved and we should not be scrambling for an increase in taxes.
Ms. Jim Lark said he is the secretary of the Jefferson Area Libertarians. On behalf of his
colleagues, he urges the Board to cut taxes and spending this year. At the very least, the Board should not
raise taxes. From what he has ascertained, County government spending has increased tremendously
since his return to Albemarle County in 1986, especially when compared to the growth in population. They
feel the County government engages in all manner of activity that is not related to the only appropriate role
for government; protection of life, liberty and property of the citizens. The acquisition of conservation
easements is an outstanding example of a costly activity that is not appropriate for government. He realizes
that it is not always easy to resist the pleas of petitioners and supplicants who call for government spending
and regulation. However, that is what the Board must do; resist the urge to tax and spend, spend and tax.
Mr. Lark asked the Board to cut taxes and spending now. If the Board cannot find the courage to do the
right thing for the taxpayers of the County, at least do no harm; do not raise taxes.
Mr. Gary Westmoreland asked if there is anything that anyone can do or say that will reverse the
four to two vote in favor of increased taxes and spending? He attended the budget session at Monticello
High School which was organized by the County Executives staff. The bias of the County Executives staff
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in the presentation was toward greater spending and taxes. He thinks the Supervisors need to take this into
account and not be captured by their bias and inclinations. He thanked Mr. Dorrier and Mr. Perkins for
voting against the proposed tax increase.
Mr. Robert Thraves had several questions. Is a 10.5 percent, $15.0 million increase fair to the
people of Albemarle County? If the cost-of-living increase is 2.4 percent, is it fair to ask the citizens to pay
for the 10.5 percent budget increase, four and one-half times the cost-of-living increase? Is it fair to pay
Charlottesville $6.0 million for a zero return on investment? Is it fair to ask the citizens to pay $11.0 million
for interest with a zero return? That is $17.0 million with a zero return, money that is wasted. Is it fair to
increase education spending 8.5 percent and the County government budget by 11 percent when the cost-
of-living increase is 2.4 percent? Mr. Thraves said Mr. Tucker should be commended because he only
asked for a four percent increase for administration. Mr. Dorrier and Mr. Perkins are to be commended
because they had the courage and the wisdom to vote against unfair tax increases. Mr. Bowerman had a
reputation of being a fair man in the past. He urged him to reconsider. A six percent increase is twice the
cost-of-living. The 72 cents tax rate can be kept, and still raise the salaries of teachers and other
employees. Ten percent is too much and unfair.
Mr. Nick Evans acknowledged the Board and Mr. Tucker for all of their hard work on the budget.
He said the ACE Program and the groundwater program are two examples of government spending which
will enable the citizens in the future to deal with the issue of managing the growth which threatens to
strangle the community and continue to bust the budget in years to come. He does not think the status quo
is good enough and he is willing to pay his share so the community can move forward. He urged the Board
to stand by its commitment to fully fund the School Boards requested budget, and he urged the Board to
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stand by its commitment to fund the ACE Program at the level of $1.0 million. He said the initiative to
gather groundwater information throughout the County is proceeding with the funds the Board appropriated
last year. He is glad the Board included ongoing funding in the proposed budget. Each of these
commitments of resources will be to the greater good of the community, and he feels they are worth the
additional taxes included in the proposed budget.
Mr. Tom Loach said he thinks the Board has done a good job in managing the financial health of
the County. In an advertisement published by the Conservative Coalition, it states that since 1990 there has
been a 21 percent increase in growth in the County. As a resident of Crozet, he has a different view of
growth, and one that is more in line with the rate of growth of other neighborhoods and communities in the
County. According to statistics, there were 550 residential units in the Crozet growth area. Since that time,
947 residential units have been approved or built, making the growth rate in Crozet about 85 percent, not
21 percent. The library is only one-half the size it should be for the number of volumes it circulates, the
community does not have the sidewalks it asked for in 1993, and the new Crozet Elementary School which
opened in 1990 has already had an extension built and will not be adequate for the number of students
expected from the already approved no-growth. The bad news is that the bulk of that growth has yet to
come. At the last meeting of the Crozet Community Association, it was made clear that Crozet will no
longer be silent when it comes to demanding that the County do a better job of meeting infrastructure
needs. The residents of Crozet, and other growth areas, have and will bear the burden of growth to
preserve the rural character of the County. They will demand adequate infrastructure funding as the major
component for accepting new growth. It has been said that silence, if not pointed out, will go unnoticed.
When it comes to the issue of managing new growth and development, he points out the silence of the
Conservative Coalition, and says the sound of that silence is deafening.
Mr. Bruce Copeland said he may be the only person in this room tonight who is not employed by
the School System, and who has no relatives who are students, faculty or administrators, and who is not a
member of the Chamber of Commerce, the Christian Coalition, or the Republican Party. That should make
April 5, 2000 (Regular Day Meeting)
(Page 42)
him objective about the tax question. The only axe he has to grind is that he is a homeowner subject to a
possible tax increase. He is touched that all of these organizations have taken pity on him. He is that
median-priced homeowner they are running the big ads about, and how his taxes will go up by about $200
a year. Please tell these folks not to feel sorry for him. He feels that most people with the median-sized
home are in a combined Federal and Virginia taxable income tax bracket of at least 33 percent, so that a
$200 property tax increase, which is tax deductible, will really cost only about $134 a year net, or $11 a
month. He can handle that. If the School Board can deliver a better School system with decent paid, highly
motivated teachers, and also get additional County services which are not school related, he figures $11 a
month is a bargain. He thinks the no new taxes folks are really feeling sorry for the property owners in the
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top 25 percent of valuation. These property owners probably have a combined tax bracket of about 41
percent, so it really only costs them $14 a month net after taxes. He would like to make a deal with the
Board. If he can get the big boys to stop feeling sorry for him for having to pay an extra $11 a month to get
a better school system, will the Board stop feeling sorry for the big boys who will have that extra burden of
about $14 a month?
Mr. Steve Gissendanner said he is a teacher. About two years ago, during Christmas vacation, he
went into school to try and get caught up on some work. There was a kid there playing basketball. He was
visiting Virginia from a state to the north. As he saw Mr. Gissendanner enter a trailer, he asked why do you
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have a trailer park located so close to the school? He explained to him that these were learning cottages.
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The kid did not believe him, so he invited him to look inside. He tried to convince him that as long as the
heater or the air conditioner dont come on, he could hear the students answers. He also said that as long
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as there is not an electrical storm, changing classes is not too bad, even in the wintertime. As he left he
said I cant wait to get home and tell my friends about this, they wont believe me. We dont have trailers
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where I come from. Mr. Gissendanner said it is time to come up with the money. When the decisions
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being made at the schools is where to put the next trailer or which grade level to overcrowd, it is time to
come up with the money. When trying to decide which is more important, a reading teacher or a couple of
teaching assistants, it is time to come up with the money. The stated priorities of the School System need
to be backed up with funded programs, and it is the Boards job to come up with those funds.
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Mr. Charles Abbey thanked the Board. He noted that the other gentlemen had said he could afford
a pay raise. If you look around, he sees a lot of people he does not think can afford a tax increase. He
directed his remarks to Mr. Bowerman. He said the County has spent a lot of money the last three or four
years and has saved nothing. If you think there needs to be a tax increase, why does it have to be four
percent? Why cant you save one or two percent, and have some other people meet you half way? For
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any increase voted for, why not demand that we do better on how we spend our money? He remembers
being with Mr. Bowerman at the library, and Mr. Bowerman said if you all support me on this meals tax,
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there will not be a real estate tax increase. Mr. Abbey said there are plenty of people present tonight that
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heard that statement. He is just saying that the citizens need some help. He is asking Mr. Bowerman to
reconsider before voting for this to be sure everybody doesnt get everything they want. They need to meet
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in the middle.
Ms. Martha Redinger was present with her son, Daniel. She was present to support a four percent
tax increase which will fund the budget proposed by the School Board. In particular, she would like to see
Phase II of the Strings Initiative passed. The new program has received broad community support, but it will
not be available in all County middle schools until Phase I has passed. She represents Parents for
Orchestra which has been engaged in raising funds to support the program. They have more than
matched their challenge grant from the Charlottesville-Albemarle Community Fund. They are in the
process of forming a partnership with a local foundation, the Virtue Foundation, which will provide
instruments for students who cant afford instruments. Regarding the question of fairness, she said public
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education is not a bastion of socialism as she read in the paper, but the foundation of a free and democratic
society. It was Jefferson who said in a free democratic society, its people cannot be both free and
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ignorant. All are benefactors of a public education. If the commitment to the young people is insufficient,
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all are losers. The reverse is also true. Unfortunately, the results of education services are subtle and not
immediate, and perhaps require an educated population to understand it. She asked that people not say to
run the Countys budget like a family budget. If a family exceeds its budget, or finds itself short, it doesnt
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choose to have more children, but Albemarle County is having children and no one is able to stop that.
Why not take all the anti-tax energy to Richmond? Why not march in D.C. where increased taxes rob all of
a big part of their income? Anyone who has traveled around the country to communities nearly as nice as
this one, know that local taxes are low. She is for the relatively small tax increase because it is the right
thing for the community. Daniel said he is in the fifth grade at Murray Elementary and his class has never
been as disruptive as he has seen in this room tonight.
Ms. Carol Turner said she is in support of a four percent tax increase to support the Albemarle
County Schools. She is a senior citizen and a taxpayer. She has two children who grew up in the public
school system in Roanoke County which has a tax rate of $1.13. Roanoke City has a tax rate of $1.21. Her
children received a top notch education because of the support of her parents and others who provided the
public schools as taxpayers. Ms. Turner said she feels it is her responsibility to do the same for the adults
of tomorrow. She is on a limited budget, as well as social security. She knows that social security benefits
are supplemented by payments being made by employees including working parents. Since her income is
being supported by these working parents, why would she not be willing to support the education of the
future leaders?
Mr. Chip German said he an Albemarle County representative on the Jefferson Madison Regional
Library Board. He is also chairman as that Boards budget committee. They know the Board has added to
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the County budget in order to expand needed library services in the form of expanded hours for the
Monticello Avenue Computer Lab, Sunday hours at Northside Library, and additional staff hours at Crozet
April 5, 2000 (Regular Day Meeting)
(Page 43)
and Scottsville. He knows the Board has also been made aware that the Library needs $35,000 more from
Albemarle County to complete funding for the Library Boards highest priority, that of implementation of a
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new pay plan on July 1. This plan corrects the unfairness of their old plan, especially for clerical positions
which in some instances had only been adjusted by four percent over the last eight years. Because this
implementation is costly, they held the line on other operating expenses in their budget proposal, and so
have no room in their budget to absorb the additional $35,000. Through discussions at recent meetings,
they know the value the Supervisors places on the Library and its services. The Library Board requests that
the Supervisors add the necessary dollars to finish funding Albemarle Countys portion of the pay plan and
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to finish that message of the value of the Library to the community.
Mr. John Halliday, Director of the Regional Library, thanked the Board and administration for its
support of public library services over the years. He said the libraries are well used in the County, this being
the busiest year they have ever experienced. Library use continues to be about 50 percent above the
national average. Their clerical staff is very busy, and he hopes that with all of the demands being made for
budget increases, that the Board will find the room to fund the request made by Mr. German.
Ms. Jennie Brent said she is a teacher. After only five years of teaching she is leaving Albemarle
High School. In addition to teaching English and journalism, she has coached LaCrosse and served as the
yearbook advisor. She has given up lunch periods to meet with students. Last night she had dinner with a
former student who wanted advise on her future career. She has given up her personal time because she
cares about her students and wants to help them become successful members of the Albemarle
community. She is proud to be a teacher, but cant afford to be one anymore. After graduating from
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Washington & Lee University she worked for a trade association making $46,000 at the age of 23. She
decided to leave that job and pursue her career in teaching. She knew the salary was not great, but she
thought this community valued their educators. She was wrong. She makes $28,728 at the age of 32 and
after five years of teaching. She now has a family and cannot pay her bills. In addition to her low salary,
she is required to take classes for recertification for which she has to pay. She also has to pay for the
babysitter needed during those classes, and also for the materials used for those classes. Looking at the
salary scale, she realizes that Albemarle has made it impossible for her to stay in this profession in this
county. She is the person that Jodi Neuhauser referred to. She is the person a member of the
Conservative Coalition talked about when they said you are making it hard for a young family. Without the
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proposed increase, there is no way she can survive. She is able to talk for teachers at Albemarle High
School who cannot come forth and talk because she already has another job. They cant speak for
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themselves because contracts have not come out yet. She has apologized to her students who are
shocked that she is leaving, and who are concerned about the number of teachers who have said privately
that they are leaving. She asked that the Board look at the survey results that a student read to them
tonight. She asked that teaching be made a profession people want to enter and one that people can stay
in more than five years.
Ms. Mary Anne Dilbone, who is the single mother of five children, said it is that time of the year
again, and she feels like she is in a war zone. Everybody is in a prison. There is either too much or too
little. She wanted to find a way to make all understand the needs of the community, and to make a
comparison for everyone to relate to. Something did come up. On March 28, 2000, her 49-year old brother
died of cancer. If you wonder what this had to do with this question, her brother would still be alive if he had
listened to the people around him and the message that his body was sending to him. When he finally
listened, it was too late. The cancer had won. Over the years, the people have been told and seen the
growth in Albemarle County. The citizens are listening and ask for help. Listen to the teachers, the
students, the policemen, the firemen, the elderly and others who work for the community. Listen to the
community. If it takes a tax increase to help, then the time has come. She said we all need services. Even
if you dont have kids in the system, at one time someone paid for you to be in the system. One thing that
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will come up tonight is about the teachers. In the last ten or fifteen years, we have been told that abuse is
not acceptable. We are abusing our teachers and policemen by saying we want services but do not want to
pay for them. She lives on a very small income, but she knows as a mother how the community has helped
her. The community has to work together, and that means a four cent increase, she is in favor of it. The
children are our future.
Mr. Rives Bailey said he is present tonight as president of the Charlottesville-Albemarle Association
of Realtors. As an industry they are opposed to real estate bearing the brunt of the tax increase to fund the
budget. This is an area where housing affordability is judged to be the least affordable in the State.
Looking at an average ten percent tax increase, and a 13 percent increase in the average sale price from
when the last assessments were done, there is a substantial increase in taxes on local homes. They are
sympathetic to the Countys challenge of funding the programs it deems necessary. To that end, they are
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working at the State level to try and effect change in the tax code, and the way that funds are returned to
localities to lessen the burden on real estate. Raising or not raising taxes is a very complex issue which
needs careful and deliberate examination. However, in the two weeks since the Board proposed this tax
increase, they do not feel the community has had enough time to analyze this issue and come up with a
sound solution. They encourage the Board to delay the decision until proper consideration can be given to
all details.
Mr. Ronnie Roberts thanked Mr. Dorrier and Mr. Perkins for their non-vote on a tax increase. He
has children in the School System. He said it is an excellent school system, with teachers who work hard
everyday to teach the children. They do an excellent job. He would also like to say that the voters of
Albemarle County voted and passed a Meals Tax to alleviate the necessity for an increase in property taxes,
on both sides, the assessment and the tax rate. He is in favor of salaries being increased for the teachers,
but on the other side, the Board needs to work within the confines of the budget and not go over board as it
is doing at this time. He recently looked at a newspaper article from the Daily Progress dated December 3
April 5, 2000 (Regular Day Meeting)
(Page 44)
which represented the town hall meetings that Mr. Bowerman and a number of Supervisors attended.
There is no indication at that time that there was any consideration of a tax increase. He is opposed to the
tax increase, and feels the Board should work within those guidelines.
Mr. Jim Morris thanked the Board members for the good work they do. He wanted to remind the
Board that the cost of housing in Albemarle is not a blessing, and tax off of that very expensive housing is
greater than that quoted for Roanoke earlier tonight because the same house in Roanoke on the same lot
would probably cost 40 percent less. He has lived in both places. In talking about the tax rate and the
wealth being the wealth of the individuals property, that is not a blessing, but a burden. He does not know if
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four cents on the tax rate is needed in Albemarle at this time, or not. That is for the Board to decide. He
does know there is an ever increasing tax problem in the County. He calls on the Board to pick a point
where enough is enough. He is afraid that when services are so great that the voter base is dependent
upon the services, and that is how votes are cast as opposed to those who pay the bills, he is not sure that
is democracy. He is not saying anything about what teachers should be paid, or what the County should
spend, but he asks the Board to look at the line of taxation, and ask if it is going to continue to go up forever.
Ms. Marcia Joseph said she has watched Mr. Tucker pull the rabbit out of the hat for many years
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and come up with the extra funding, but she realized that at some point in time there would be the need for
a tax increase. It is an important four-cent decision the Board is making for the community. The Board was
elected and not a blue ribbon committee. She trusts that the Board will make the right decision. She
supports the increase, and thanks the Board for bringing everybody to this point where there can be this
kind of discussion.
Ms. Louise Ward said recently a county-wide alert went out to Republicans to attend this meeting
because the Supervisors were considering a tax increase. She said no one likes or wants a tax increase.
Since she was young, she has taught the importance of good stewardship. So far, the Supervisors have
done a good job for the citizens. The Board has done an excellent job of maintaining good services for the
citizens in spite of the citizens being held hostage due to the decrease in funds due to reversion. But, a
person with money who puts a worker in charge of his funds, expects that worker to invest the money and
not bury it in the ground. Good stewardship means wise spending, it does not mean being cheap. It does
not mean belittling employees by figuring out what their wages are when benefits are considered. No ones
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salary is determined that way. We live in a rather well-to-do county. She said the Board is called on to
invest in the future of the citizens. The Board has an obligation to keep the citizens safe by providing funds
to the fire, rescue and police departments. The Board must provide for the Countys growth. It takes the
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taxes from a $600,000 house to pay for just one student in school. As good stewards, the Board needs to
insure good morale among its professionals by giving them an appropriate wage. It would be cheaper if the
older ones retired so the younger ones could be paid less, but we need to keep the wisdom and experience
that older staff members provide. What price is put on that wisdom? When taxes were reduced years ago,
the people rejoiced, but there was no view of the future. Since then the County has been behind, or playing
catch-up. As good stewards, the Board needs to invest in the children who are both the present and the
future. They have a quality education now, they require an excellent education in order to be competitive in
the world. As good stewards, the Board must ask the citizens of the County to put more money into the
coffers so they can continue to enjoy the services, education and safety all have now. As good stewards of
the County, the Board is required to ask for nothing less than a four percent tax increase.
Mr. Martin said the Board is going to take a ten minute break at this time. Since a lot of people
leave during a break, he asked for a show of hands indicating who was for and against the increase in tax
rate. This show of hands indicated about a 50/50 split. At 8:52 p.m. the Board recessed, and
reconvened at 9:07 p.m. First Mr. Bowerman, and then Mr. Martin invited the members of the audience
to come to the front of the Auditorium so that they might hear the speakers better. The public hearing
continued.
Mr. Noah Trugman said he is a junior at Albemarle High School and came to talk about increasing
teacher salaries. He is here to discuss what makes a good teacher. To him, a good teacher is an
experienced teacher, and he has had many good teachers. A good teacher teaches more than the
curriculum. They teach not only what to think, but how to think. They teach about integrity, how to be a
good person, and about life. He is not present for his personal benefit, but to represent his younger sister
who is an eighth grader at Burley. He feels her peers, children in middle and elementary school, deserve to
have the opportunity for the same equally solid and strong education that is offered today. The journey of
education is a long and important process that all go through in todays world. When his parents moved to
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Charlottesville, the public school system and its strength was a primary reason for the move here. Since
teacher salaries are not adequate, he is afraid that the good, the experienced teachers will be leaving and
soon. These teachers are the heart and soul of the public education system, and as they leave the system
will begin to crumble. Every time one of the exceptional teachers leave the system, he thinks the younger
generation is being deprived of this education. He realizes it is a sensitive argument on both sides of the
issue, but he hopes everyone realizes the difference these teachers make in the lives of the students, and
the hard work they exert with providing this high quality education, To him, this education is priceless. He
asked that the Board take this into consideration and pass the tax increase in order to save the teachers.
Ms. Emily Vancho said she is a junior at Albemarle High School. She was present to support
increases in teacher salaries. She has been in the Albemarle school system all of her life, and her
teachers have made her courses both challenging and interesting. She feels that all of her classes have
prepared her for college, and for life as a responsible citizen. She has learned that truly good teachers do
not just teach students information they can learn from any textbook. Good teachers challenge their
students and inspire them to learn not only the material the class does, but also about the world around
them. Good teachers instill into students a love of learning that stays with them long past the high school
years. Good teachers demand much from their students and encourage them to give back more than they
April 5, 2000 (Regular Day Meeting)
(Page 45)
thought possible. Unfortunately, many of the best teachers are looking at other school systems where they
can get a better salary. This will not directly affect her since she has only one more year before college, but
it will cheat the younger children. It does not seem fair to sacrifice their future for money. The students
consider their future more important than four cents on the hundred dollars. She asked if we are willing to
spend thousands to send kids to college, but are not willing to give a few dollars more each year to help the
kids build the strong foundations to succeed once they get to college. She said good teachers are in
demand these days but they will not teach where they cannot afford to stay. She said the students are the
future. Now is when they gain the tools needed to keep the future bright.
Mr. Mark Vancho said if he ever had an inkling that he would like to be a politician, it has been
flushed out of his mind tonight. He appreciates what the Board is doing. He is a fiscal conservative, and he
truly believes the power to tax is the power to destroy, but he also believes, dont throw away something that
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is working quite well. He said that he and his wife had made a conscious decision to live in Albemarle
County because of the school system. They knew it was good. He said our children have to build on our
accomplishments, and the only way they can do that is to teach them well. The County is facing a crisis
because teachers are leaving because they are not being paid enough. He urged the Board to adopt the
tax increase because he believes it will be to the benefit of all.
Mr. Mitch Mathias said he is a senior at Albemarle High School. He is the Key Club president, as
well as editor and chief of the school newspaper. First, he would like to say that the strength of the public
schools is based on the excellence of its teachers. The teachers are the ones who come in early to give
students make-up tests, or who provide students with needed additional assistance. They are the ones who
put their hearts into teaching and put life into the classroom. He has two more months in his high school
career. He is making the plea for the kids who will graduate in the years to come. It is essential that the
County chooses to emphasis the value of higher educational standards. This can only be achieved if
support is given to teachers through increased salaries. He can verify that Albemarle High School will lose
its top teachers if this budget is not passed. These teachers cannot be replaced with young, inexperienced
teachers. He has received recognition for his writing by the Lee Jackson Foundation, the Virginia Festival of
the Book, and the National Council of English Teachers. He received these awards because of the positive
influence of teachers, nothing else. He loves learning, and the classroom setting. He sees these amazing
teachers on a daily basis, so when he says he supports this tax increase, he is biased. He feels the Board
would also be biased if they saw the strength of the teachers, the most deserving investment the County
can make.
Mr. John Baker said his words to the Board can always be challenged, but he has always been
thoughtful and truthful with the Board. For the past two days, he has been recruiting teachers for Albemarle
County. He went to VCU in Richmond and has also been at William & Mary College. He said when he got
to VCU yesterday, he was greeted by recruiters from as far away as California. He saw a recruiter from
Fulton County, Georgia, who said there is that guy from Albemarle County, the rich county which
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disrespects its teachers. Mr. Baker said he was ashamed and humiliated. When they got to William &
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Mary, 104 school divisions were recruiting there, less than the number recruiting at the University of Virginia
some months ago. Again, he received that level of humiliation. He is present to get the Board members to
share in that humiliation. Over those two days, he reviewed the material that had been prepared to help in
recruiting teachers. He agrees that the Blue Ridge Mountains and the Shenandoah Valley and Thomas
Jefferson, and the history of this country is wonderful. That will not bring Albemarle County the best and
brightest teachers. Those who humiliated him and this school division know that. There was some
challenge as to the Council Rock School Division which pays beginning teachers $44,000. That salary is in
their literature. Mr. Baker said he put together recruitment material, and it starts by saying the Albemarle
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County teacher is valued in the community. He feels humiliated, and said we need to come up with some
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other words. Also, he said Albemarle County School administrators care about teachers, They cant
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care about them because they spend so much time nickel and diming and trying to do things other then
educate the children as we go through this process.
Mr. Paul Wright said he would like to respond to something that was recently in the Daily Progress
where he was quoted as saying teaching is the last bastion of socialism. If anyone thinks he meant that
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teachers are socialists, that is not what he meant, it is not what he said. If anyone took offense at that, he
apologizes. He is looking for a system that one day realizes that math and science teachers are valuable,
and if we are serious about keeping math and science teachers, we have to be serious about paying them
more money. He mentioned things people said tonight about their campaign to educate people about the
tax increase. They have never been against increasing starting teacher salaries. Since Albemarle County
is seventieth in the State, they concur that this be increased immediately. There is no argument that
teacher salaries should be increased. They have said that the studies are significantly flawed, and no one
has defended them to the extent that proves otherwise. Some people dont like things they have said
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tonight. He said there are some things about the budget presentation that he does not like. It never shows
how much the budget has increased. The budget has gone up 89 percent in the past ten years. The
population has gone up 21 percent. People dont like the fact that they put the average teacher
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compensation at $51,000. Their problem is with the School Board and not him. That is what is listed when
looking in the budget and look for a starting teachers salary. It does not say $26,000, it says $40,000 and
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compensation. People dont like a seven to ten percent increase in real estate assessment. He did not
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make it up. It came from Bob Walters. He believes many people will have a higher than ten percent
increase. People dont like to see total compensation numbers, but they are true. People dont like to see
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a sixteen percent increase in property taxes, but they are true. Everything in those ads is factual. Some
people dont like that they say Albemarle Countys average teacher salary, a number reported by the
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County to the Department of Education and used in literature that is given to the House of Delegates, states
clearly that in the county school system, we are ninth out of 92. If people dont like that number, they
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cannot like it, but it is true.
April 5, 2000 (Regular Day Meeting)
(Page 46)
Mr. Michael Brown said this discussion about teacher salaries is not the first one. He agrees with
Mr. Wright that better teachers should be paid better just for being good teachers. He said the argument is
being made that this is a small tax increase and it wont hurt anybody. Think about the people who cant be
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here tonight to speak for themselves; people work a second job, who work the late shift, people on fixed
incomes who dont have transportation to get to a meeting. To them, this will impact their day-to-day lives.
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Teachers can be funded the way they should and schools can be funded the way they should, and the
Chamber of Commerce came up with an idea that he had never though of before. If those ideas are out
there, explore those and exhaust all of them before raising the tax rate.
Mr. Lannie White thanked Mr. Bowerman for the work he has done in representing the County and
the Rio District. He is in favor of the tax increase. He has lived in the County since 1995, previously living in
Chesapeake. He has two children in the schools, and is a member of the Parents Council, but is present
only as a taxpayer. He wished the County had the ability to do what the cities do when developers built
large developments. When that development impacts the schools, the County has no way to assess a fee
to those developments. He said the budget has been presented many times, but he feels like it is a band-
aid. He said the school officials worked with the initial budget, and made some adjustments, and brought
the $1.9 million down. There is still the band-aid of the VRS credit. They will not have to pay as much now,
but probably will have to pay it in a couple of years. He is glad it is recognized that the schools dont have
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enough money to fund what it is working with. He thought that when the idea of a tax increase came on, it
was going to be in a couple of years. He hopes that decision represents what most of the County needs.
Ms. Marjorie Shepherd said there is an exercise you can do in teaching fractions by walking halfway
to a wall, then halfway back, again and again, to show that no matter how many times you do this, although
you get closer, you will never reach the wall. You will always be halfway there. In the Albemarle County
school budget, there is a similar exercise,, but with a twist. The wall takes three steps back every year, one
for inflation, one for growth and one for unfunded state mandates. The Board of Supervisors and Mr.
Tucker offer one step forward so that every year we move one step forward and two steps back. Every
year, we are a little farther from the wall. She applauds the Boards proposal to move ahead with finding
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tax revenues for basics, another half of a step. She said it is exasperating that year after year there is the
fight to move ahead for excellence. It is frustrating to be lambasted by radical conservatives who call
teachers Socialists just because they dont want to let go of one thin dime. It does not matter how big and
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expensive their display ads are, or how frequent the TV ads run misinformation about schools, it does not
make the figures real. No matter how or where it is said, she does not make $51,000 or $68,000, nor does
any other teacher in the county. While wasting time arguing these points, we are stepping back and not
dealing with what is real. At her school, they are losing one teaching position this year, not because there
will be fewer kids, there will be more kids, but because revenues are not keeping up with growth and
mandates and inflation. Her departments money, and her teams money, and her staff development
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dollars have been frozen for nearly ten years because revenues have not kept up. She asks that the Board
look at what is real and important and what is at the heart of the excellence of the County.
Mr. Patrick Haley said he is a student at Western Albemarle High School. He is here to encourage
the Board not to support a tax increase. He is a part-time employee at the University of
Virginia, so this year he was bit for the first time by the tax bug. He knows that even for somebody with a
small income, taxes hurt. This increase will hurt people, especially when he feels it is not needed. He is a
student in the public schools and he has more than one teacher who has rummaged through trash bins to
retrieve old textbooks because they were provided with new ones they did not want. Textbooks are
expensive, and when teachers dont use them, that is wasted money. School buses were purchased by the
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County which seat 42 to 44 students at two to a seat. These buses have air-conditioning, have a speaker
system and head cushions. Instead, the County could purchase the regular Blue Bird flat front buses which
hold up to 52 students. They cost about the same amount of money. As for the teacher shortage that has
been mentioned, it is not what it has been made out to be. Last year 68 veteran teachers applied for
positions in Albemarle County public schools. Only 11 teachers employed by Albemarle County applied for
positions in other schools. That means the ratio of teachers who want to come to Albemarle County as
opposed to those who want to leave, is six to one. Right now, he has two teachers who have applied for
positions in Albemarle County to make more money, and one had to wait a year to get that job because
there was no opening. He thanked Mr. Dorrier and Mr. Perkins for not supporting the tax increase.
Mr. Donald Lawson said he and his wife live in the Rivanna District, are both retired and live on a
set income. He has no one objection to tax money going to support education, but he thinks the
combination of the proposed increase in the property assessment and the proposed increase in the tax rate
are excessive. He believes the Board needs a more democratic view toward the tax increase and they need
to consider the word referendum on this issue.
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Ms. Charlotte Hogue said she is opposed to a tax rate increase. Assessments increase every two
years. This is a substantial increase. When the Meals Tax was approved, it was to be used to keep the tax
rate from increasing. Would a tax rate increase be necessary if users paid for the services they received?
She has not seen any increased benefits from the increased taxes she has paid. She gets little benefit from
fire and police protection, gets no benefits from water, sewer, sidewalks, etc. These are urban ring
benefits. Why does the County need to hire consultants when we are told that very qualified people have
been hired, and staff has increased? The Board has stated that it wants to preserve open space and
farmland. Much of this land is owned by older people who are on fixed incomes and have ever increasing
medical bills along with hefty prescription bills. More taxes will mean that this land will have to be sold, then
development rights will kick in. More houses, more people, more schools, more services. The schools
need to start economizing. Cut out the wish list for frills. The Board of Supervisors needs to say no
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instead of just rubber-stamping School Board budgets and appropriating more funds. Demands for money
have to stop. The Board needs to be more conservative with taxpayers money. The Board needs to say
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April 5, 2000 (Regular Day Meeting)
(Page 47)
no to a lot of expenditures, and then there would be no need for a tax rate increase.
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Ms. Maggie Holden said education is less expensive than ignorance. She is a student at Albemarle
High School who has a job working 15 hours a week. She is graduating so having teachers leave will not
affect her so much, but she wants future generations to be able to go to a top notch university like she is
going to. Her Broadcast Journalism team did a poll, and 57 out of 74 teachers who replied said they would
be looking for a new position within the next five years. If the County wants quality teachers, they need to do
something now to keep them. She feels it is her role right now to express for them what they are going
through. She is in the school every day and her classes are not disruptive and it is a good environment.
Education is essential in any community and it needs to be reviewed as refreshing. If the Board gives the
County taxpayers an average of an $80 tax increase, that is dinner out. She knows that for some that is a
big deal, but in the long run the community can afford it. She has seen it first hand because her mother is
the department chair. Several years ago she had a change in salary, and since that time she has taken on
additional responsibilities to make up for the lost revenue, but she is still paid less because money is taken
from her salary for retirement. She knows there are many people like her who are struggling and who are
leaving because they cant afford to be a teacher She hopes her teachers will leave the County if they dont
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get paid more. She does not think anybody should stay where they are disrespected. If the Board decides
to vote no, they will be reflecting the lack of respect for education today. She feels that many who are
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against the tax increase are older and dont have many ties to the schools. It is easier for them to say the
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schools should not be given as much.
Ms. Christina Osheim who said she has spent all of her high school years at Albemarle. Last year
she considered leaving Albemarle High School, but she decided to stay because of her teachers. She is
glad she stayed because all of her teachers are intelligent and excellent teachers. A lot of these teachers
have to put up with a lot. Her Creative Writing teacher has to put up with trash cans outside of her door to
collect rain water. When she found out that many of these teachers are considering leaving it upset her
tremendously because these are the teachers who induced her to stay at Albemarle. It seems ridiculous to
her that they are being forced to leave because of money. She regrets that her underclassmen will not
have the same great teachers she has had this year and in past years. She fears that some incredibly
bright students will leave Albemarle because they wont have excellent teachers. The lose of bright
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students and exceptional teachers would hurt Albemarle in countless ways, in particular the SOLs. This
County is already upset with teachers over SOL scores, and reluctant in giving them raises. The County will
be hurt even more once these teachers have left and the SOL scores go down even more. Therefore,
teachers should be given significant raises to keep them in this county, raises that this tax increase could
supply.
Mr. Robert Hogue said school teachers would like a pay raise, but who wouldnt? Do teachers
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realize that in the private sector, some businesses have cut staff, salaries and benefits? The schools
should cut back on the administrative staff, sports and other activities. Everybody would like a raise and
better benefits. Government would like more employees, but the County taxpayers cannot afford it. A tax
increase will not be paid just twice a year. For people who rent, a tax increase will be paid every month.
Gas stations will charge more for their goods and services, therefore, the people will have to pay for a tax
increase every day. Taxes will only benefit part of the Countys population. How many months of the year
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do we have to work to pay Federal, State and local taxes? The Meals Tax was just added. County
automobile stickers cost more. If Albemarle County is so short of money, why give money to the
Paramount Theater? Why have free days at the landfill? Do we really need a County spokesperson? Let
the people who use the athletic fields pay for them. Please, no tax increase!
Mr. Brian Scruby thanked Sally Thomas for all the time she took to answer all the E-mails he sent
her about the tax rate increase, and also Mr. Martin for the way he has conducted this meeting, and all the
Supervisors for the hours they put in on tough issues like this one. He commended the teachers for the
great job they do, and he wants them to know he supports increased funding for them and for the schools.
But, he supports it within the constraints of the current 72 cents tax rate. He hopes the teachers will support
his interests in preserving Albemarles open space and farmland. Unfortunately for all, higher real estate
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tax rates will eventually mean fewer farms or no farms in Albemarle. With all the interest expressed in
preserving open space, it is hard to believe the County would support one of the biggest threats to open
spaces, and that threat is higher real estate taxation rates. Farming is a competitive business. Many
counties in Virginia do very well with much lower rates. Albemarle farmers have to compete with farmers in
other areas who are not subject to this higher rate of taxation. All he asks if that the County learn to live
within the constraints of a tight budget, as the farmers have to do on their farms. The $1.290 million that
this proposed rate increase represents is well under one percent of the total proposed operating budget.
The amount by which his taxes would go up equates to a higher percentage loss from his already tight farm
budget. By slightly delaying the time table for implementing the proposed new expenditures, this tax
increase would not be necessary. He urged the Board, and those supporting new projects, to be patient a
short while, and he thinks the necessary revenues will come in without having to subject the citizens of
Albemarle to the tax rate increase. He asked that the Board vote against the proposed tax increase.
Mr. Allan Kindrick thanked Mr. Perkins and Mr. Dorrier for their stance. He would like to ask Mr.
Bowerman to reconsider to make up for the food tax snafu that we got into. He is opposed to any tax
increase. What is needed is better management of the peoples tax money. He spent 45 years in major
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construction working for owners and contractors and he does not believe there is anybody on the Board or
in the offices that really understands construction. When there is a school that runs $10.0 million over
budget, something is wrong bordering on malfeasance. Does the Board realize that this $10.0 million extra
burden is a great percent of the tax increase the citizens are being asked to bear? The sad part is that the
County got a 1930s factory building for the money. Now there is a jail where nobody knows what is going
on. Depending on which newspaper you read, it is already two years overdue, and it will certainly be
April 5, 2000 (Regular Day Meeting)
(Page 48)
another six months. Assuming that no money is lost on the contract, which is virtually impossible to do.
Two and one-half years of lost use has to be worth something. Another place where construction money
was thrown to the winds, even though it is a nice building, is the 911 facility. It has been completed for
almost two years, and yet there is nothing going on in it but a little bit of equipment installation. He has not
heard or read when the building which cost over one million dollars will be used. That project could have
been deferred. He really believes the Board needs to give serious consideration as to how it is controlling
its capital outlays for new facilities. In addition, he believes that next year everybody would be better off if
they went back to zero-based budgeting.
Mr. Stephen Thornton said he is speaking against the tax increase. He does not mind paying taxes
because he pays a lot of taxes. He is not a member of any group here, and never thought he would be at
meeting where he was in agreement with the Conservative Coalition and Republican Party at the same
time. He has three children in the schools. He is in favor of the schools and thinks the teachers should be
paid more. He is not a teacher, but is president of the Virginia Association of Science Teachers. They have
1800 members, and have a tremendous turnover because science teachers can make a lot more money
elsewhere. He is a professor at the University and they have found that one-third of the people who
graduate in Education never teach. Through their student teaching experience they found how difficult
teaching is and that they can make more money elsewhere. National statistics show that one-third of the
people who do go into teaching leave within the first five years because they can make more money
elsewhere and it is really hard work. He would not hesitate paying a tax increase to pay teachers more, but
he does not think there is no fat in this budget. He thinks the school budget could be cut to pay teachers
more. What he is really against is the remainder of the budget. According to the supplement published in
the Daily Progress, the Public Safety budget is going up 14 percent, Human Development is going up 14
percent, and Community Development is going up 12 percent. He does not understand why Human
Development, which he thinks is mostly welfare, is going up 14 percent when this area has one of the
lowest unemployment rates in the country. There are unemployment signs all over Charlottesville. The
policy of never cutting anything, but always adding things, is the root of the problem. He thinks the County
has become too intrusive on the citizens. He said that over 20 years ago he started the Boy Scouts
Christmas Tree sales. They sell the trees to help send boys to Scout Camp. A few years ago, Albemarle
County said they could no longer sell trees in the County without a sign permit which cost $40 each for six
lots. Last Friday night he was cooking dinner at home, and an Albemarle County policeman came to his
home and arrested him. What was he arrested for? Failure to buy a business license. As a professor he
writes textbooks for students, and he gets an income from that. He has no sales, no advertising, and no
stock. He has nothing, yet an Albemarle County person was going through income records, and said he
had a business.... (time expired)
Ms. Karen Rembold same she is a tenth grader at Albemarle High School. She wished to appeal
to the Board on behalf of some 10,500 County students, 1240 of whom signed a petition requesting better
salaries for teachers. Albemarle High cannot be the only school being effected negatively by the low
salaries teachers are paid. At the moment, Albemarle High is witnessing the exodus of some of its best
teachers. Some have already accepted better paying jobs elsewhere. Others are seriously considering
offers. A survey that appeared in teachers mailboxes last week queried them as to whether they are
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currently seeking employment elsewhere. A startling 47 percent answered affirmatively, and 81 percent
are planning to seek a job elsewhere in the next few years. County schools are not just losing percentage
points, they are losing teachers who taught students how to think. These are the teachers who coached
students to high scores in advanced placement tests. Teachers who pushed whole classes to do well on
the SOLs. More importantly, they are the teachers who cared enough about their students to give them a
quality education. Teachers are not frills in the budget, but the most essential element in education. She
feels the proposed tax increase is a necessary tool in the attempt to support deserving teachers and
essential to the quality of Albemarle Countys educational system.
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Mr. Chris Rembold said when the Board votes on a tax increase to fund the School budget, he
wants it to be known that a vote to not fully fund the proposed School budget will be taking necessary
programs away from the majority of Albemarle Countys children. He said the Board should support the
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School Boards budget including additional teachers, a virtual Governors school, a strings program and a
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teacher raise. He said the overall School budget has increased dramatically over the last ten years.
However, a large portion of the increase has been consumed by a small number of special education
students, not the majority of the students. He is not arguing that special education should not be supported,
but the Board has a duty to the rest of the students. He feels that any cut in the budget will hurt the
education of the majority, the taxpayers of tomorrow. Mr. Rembold said he went over the 1999 School
budget in detail. The published student to teacher ratio is 1:13. He invited the Board to ask any student if
they are in a class of 13. He then surveyed the primary schools, K-5. The actual student to teacher ratio is
1:21. There are teachers who do other activities, but the discrepancy is special education. When he went
over the numbers, one out every five teachers in the County are involved in special education, and one out
every three teacher aids are involved in special education. A less than fully funded budget will cut the
Virtual Governors School program which will cost $130,000 in year one, but the State supports this
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program with an extra $2500 per student, so in subsequent years it will pay for itself. Second, there should
be a teacher pay raise, decrease class size, and it would also have an adverse effect on the year old
Strings Program which has just raised $8000 in the community. Therefore, he would like for the Board to
support the tax increase.
Ms. Helen Hawley said she is the mother of 16 children, all of whom went through Albemarle High
School. She does not agree with the tax raise because the older people need more than the teachers do.
Many older people are living on Social Security and cant afford to pay the tax they pay, and she is one of
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them. She gets $864 a month Social Security and has to live on that. Older people have to give up their
homes because they cant afford to pay the tax. Also, they have to buy food. You dont see the old people
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April 5, 2000 (Regular Day Meeting)
(Page 49)
in line with Food Stamps, or a Fuel supplement, it is the young people. She does not agree with any of the
tax raise. She agrees that the schools do a good job of educating the students. (Note: Mr. Bowerman left
the room at 10:05 p.m.)
Mr. A. C. Shackleford said he does not envy the Board members their job. He is president of the
Albemarle County Farm Bureau. He also owns a farm in the Rivanna District. He said Mr. Tuckers
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presentation showed an increase in a number of statistics in the last few years. He will point out two things
which have not increased during those years. One, is the amount of acreage in Albemarle County. Two, is
the income of those who farm that land. Citizens have been told that lack of a tax increase means the
schools will suffer and programs like the ACE Program will have to be cut. He did not hear anything about
cutting administrative or regulatory costs. Maybe that is not possible. He said the Farm Bureau is not
opposed to the schools. He served 41 years as a secondary school teacher. He said teachers are worth
every bit that can be found to support them, and that is not his issue. He reminded the Board that the
burden of the cost of the program falls disproportionately on those whose livelihood is dependent on land
acreage, with 46 percent of revenue coming from the property tax. Those in the country pay the same
amount of tax on their home as any other homeowner does. Added onto that tax is tax on all the other
acreage which even with land use value is a significant and burdensome expense for many. He
emphasized that they are willing to pay their fair share along with others who are at the same income level.
They recognize that the State limits the Countys income sources, and the Virginia Farm Bureau is working
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to address that angle as best they can. Until the County can raise the revenue more equitably, they ask that
the County hold the line on the present taxes and operate like everyone else, within its income limits.
Mr. Charles Ward said he is the Chairman of the Albemarle County School Board. He gave
examples of what the School Board has done over the past five years to reallocate existing funds. Two
years ago the School Board adopted a revised transportation schedule to reduce transportation costs which
make up seven percent of the budget. Because of the revised schedule, the number of bus routes
decreased even as enrollment increased and a new high school was opened. Three years ago the School
Division implemented a staffing formula which reallocated existing resources to provide additional
assistance to schools with significant high risk populations. That is but an example of the School Board
using existing funds to address achievement issues. The School Board is aware of the current teacher and
classified salary disparities. Part of the reallocation of funds puts them in the position of catch-up with
compensation. Their proposal for next year only addresses keeping up with other school divisions in the
local Central Virginia area. The schools are not the only aspect of the County which struggles with growth.
All County services have been stretched, the schools are just the most obvious example. He commended
the Board of Supervisors for managing growth this long based on a 62 cents tax rate, which is what the
County effectively operates on due to the Revenue Sharing Agreement with the City. It is a credit to the skill
of the County Executive and the Countys leadership that a tax increase has not been on the table before
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this year. He believes the overwhelming majority of citizens in the County understand the need for the tax
increase and will support it and the Board of Supervisors. The School Board stands with the Supervisors on
this issue.
Mr. Martin said he would give a brief update on how the public hearing is progressing. The next
speaker is number 60 out of 102, so progress is occurring.
Ms. Laura Laffond said she has three children in the public school system and is also a volunteer in
the schools. She gets to see first hand the lack of materials and programs and is embarrassed to see her
childrens teachers paying for materials out of their own pockets. She was present to support a real estate
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tax increase of four cents to cover the cost of increased services in the County, including public education.
She calculated that her share of this increase would be about $200.00. She thinks that is a small price to
pay to insure that her children receive an excellent public education, and that her home is safe in the
community. She said a statement was made by a member of the Conservative Coalition that teaching is
one of the last bastions of socialism. That may be true in terms of tenure and seniority, but that is not the
issue here. If salaries are not raised, the best teachers will not be recruited and retained. Many parents in
the County support the tax increase so the school system maintains its standard of excellence. These
parents cannot become organized in the same manner and magnitude as the Conservative Coalition
because they are parents who need to be volunteering in the schools, or be at home helping with
homework, or at home putting children to bed at this late hour. They also want their hard-earned money to
be put toward something of value rather than go for multi-media advertising. She thinks the students who
spoke tonight should be commended. They are the product of an excellent education. Everything
necessary should be done to keep those teachers in the school system. (Note: Mr. Bowerman returned to
the meeting at 10:15 p.m.)
Ms. Dorothy Gercke thanked the Board for listening to everyone tonight. She asked that the Board
consider the four cents tax increase. It is very low. She mentioned that several people had said that after
the Meals Tax was passed there was not to be a tax increase in the future. She said that is not true, it was
never said. It was said that the possibility of a tax increase in the future was always possible. For the last 16
years she has lived in Albemarle, and for 12 of those years she has indicated support of a tax increase.
Mr. Ed Strauss said this is a yearly ritual that doesnt get any better. He has asked Mr. Tucker in
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the past years to add figures to his slide show, and he has basically complied. But, something important
which costs tens of thousands of dollars every year, is being left out. That is the money the Board spends
on consulting fees. That is a dead expense. These people are elected for their perceived expertise, and
then they go out and spend thousands of dollars for consultants. He quoted from the March 23 issue of the
Daily Progress where one member of the Board said the County should not raise the tax rate until it had
gotten advice from the financial consultant. Who is running this show? Is Davenport and Company, which
is not even signed yet, running Albemarle Countys finances? Who do the citizens talk to about what is
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April 5, 2000 (Regular Day Meeting)
(Page 50)
going on? He said the word courage had been mentioned tonight. How much courage does it take to pay
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somebody else to make a decision for you? Courage is to have a conviction behind you and set out what
you want to do. If you want to blow us all off and raise the tax a $1.00 a thousand, that is courage. Hiring
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somebody else to do your work is not courage, particularly when you are using taxpayer dollars. Every
year, a game is played. The Board takes the budget and says it is funding it all, except for the unfunded
School Board issues. The Board sits at the table and has everybody bring their children here and cry about
paying teachers, while funding the rest of the bureaucracy, and nobody looks at that, and you get it through
on the heartbreak issue. Why is it the schools that are always underfunded? Why dont you underfund the
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Police Department, or General Government, or Mr. Tuckers area? Do it fairly. No tax increase.
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Ms. Tamera Boudreau said she is one of the Thousand Points of Light, and as such is a messenger
for some of the Republicans and some of the Conservative Coalition. She said a Thousand Points of Light
is not enough, $1000 is needed. She paid $60 for a babysitter tonight, she paid $60 a couple of months
ago to come in and ask the Board to charge her $200 more. She said the schools are crying for additional
funding. It is a shame what is being done to the teachers. She does not understand because a lot of
people in the room do not seem to have children living at home with them. She wonders if they do not
believe that her children are their children. Is this communitys view so narrow? She thanked the Board for
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what it is doing, asked them to hold the course and keep on supporting education.
Mr. Henry Dahl said he has only lived in this community for two years. Since he does not have
much of a local experience, he would like to throw in his international experience. In his work, he travels all
the time to Europe, to Latin American, and to Africa. What he has seen is that in countries who respect
their teachers, they are eager and willing to put in what it takes to have excellent schools. Sometimes, even
if they cant afford it, they make the effort. He was born in a third World country in a city at the bottom of
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South America. He would like for his daughter and all the other children in the community to have better
facilities. That can only be done by paying some more money. There is one country in Central American
where the standard of living is excellent, that being Costa Rica. It pays a lot of money for its education and
gets good results. Mr. Dahl said he supports the tax raise because the community will get ten times more
than what the taxes will cost.
Mr. Bernard Greer thanked the Board for listening to citizen input. He thanked Mr. Dorrier and Mr.
Perkins for voting against the increase. He is sad that the entire discussion tonight of the budget has been
couched in terms of an education war against the necessity for a tax increase, that there cannot be one
without the other. Evidently the Supervisors have not been listening because this budget requests an
additional $15.0 million in spending. He does not think it would take but a fraction of that to take care of the
salary needs of the teachers. At the same time, there are line items noted as being new government
initiatives. He believes the Board knew about education needs before it started looking at new government
initiatives. In terms of the wage earning people in the County of Albemarle, if most of them asked their
bosses for a ten percent increase, they would be met with mild derision. He suggests that the Board forget
the new initiatives, and look at what is being done in education since it is obvious to him that some things
have gone wrong with funding in that area. He said a lot of people tonight have given ideas on things that
could be done as alternatives. He said a couple of pie charts were used in illustrations tonight. If you
change the shape of some of the wedges, the problems could be solved. Take some of the School budget
and direct it to the teachers, and take some of the General Government spending and reallocate it to the
schools.
Ms. Cheryl Oliver said all are fortunate to live in Albemarle County. One only has to travel to other
localities in the State to know that this is truly a caring community. Why, when the subject of taxes comes
up, specifically when it would help the schools to reduce class size, and raise teacher salaries, why does
this battle have to be constantly fought? She is disturbed that there are members of the community who do
not consider the education of the children a priority. She said the public schools tie the community together.
The schools should be sent a message that the community place their education at the top of the list. The
community should take care of the teachers and hold them in high esteem. She said the individual
attention paid to her children has been gratifying. She said the public schools must be protected by offering
teachers a fair and competitive salary and not lock them out of the prosperity currently being enjoyed. The
taxpayers must keep this career choice an attractive choice for the young people. The County is growing
and this can be seen if one walks into any County school. It has been said that the County will build two
new elementary schools in the next five years. If it takes a property tax increase to help reduce class size
and offer teachers an increase in their salary and benefits, she is more than happy to do so because it is
good for the community. She thanked all the teachers for the education they have afforded her children.
She hoped this level of excellence can be maintained in the years to come. She knows that when her
children have moved on, she will continue to be supportive of the public school system. She asked that the
Board continue to support the four cents tax increase.
Mr. Vernon Fisher said he was present to speak against the tax increase. He said it will create an
additional, unnecessary and unwanted detrimental tax burden for many people. At what point does taxation
become counterproductive? He asked if the Board has studied the negative ramifications of higher and
higher taxes on individuals. He asked if tax increases are not stopped now, at what point will they stop? He
said that we are paying over 55 percent of our income now for taxes, deductions, health and retirement. He
asked that the Board find the answer to his questions before deciding to increase the tax. He suggested
that the Board ask the general citizenry through an annual survey, if it can afford to pay these taxes. Only a
very few people come to these meetings, either because they are intimidated by the process or feel it is a
waste of time. He suggested that those who think it is a waste of time be encouraged to participate through
a yearly County survey. He would like for the process to be open to more people through the survey. He
handed to Mr. Martin a copy of his proposed survey.
April 5, 2000 (Regular Day Meeting)
(Page 51)
Ms. Florence Fitzgerald said she takes exception to the Boards proposal to raise the property tax.
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Throughout her life as a student, she has been aware of the growing burden on the property tax for various
community services. She thinks that in Albemarle County the property tax is getting close to the point of
being stretched beyond what it can endure. She found a certain arrogance in many comments tonight
when asking whats another $50.00, etc.? She said these people have no clue as to what peoples means
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are. It is a very unfair system. She said the brochure distributed earlier in the month was a revelation to
read. It is totally confusing to her. The terms tax rate, valuation, assessed valuation, all swirl before
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the reader. The section entitled Understanding the Budget Process is a very thinly veiled defense of
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baseline budgeting. Lets spend whatever we did last year, and then some. She said the Supervisors
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appear to consciously avoid evaluating any previous policies, and just go on to something new. She noted
that the School budget takes up two-thirds of the County budget, and keeps going up all the time. It is
obvious that the Supervisors do not read .
Investors Business Daily
Mr. Paul Bruton said he opposes the proposed tax increase. He further opposes the item in the
budget for the Paramount Theatre. He is not against the project, but is not in favor of it being in the
Albemarle County taxpayers budget. The community has recently shown that it could oversubscribe the
stock subscriptions for two new banks. This is the same community that has provided the leadership for the
University to raise over a billion dollars. He cannot see that item in this budget when you consider other
capital improvement items and the County is faced with a tax increase. He is asking that it not be a part of
the tax increase for the next tax year.
Ms. Melissa Brown said she was a medical technologist, but decided to go into teaching, which she
loves. She would not give up her teaching job. She is lucky to be able to do this because her husband has
a job that pays him well. Unfortunately, there are other teachers who cannot say the same thing. She did
not come tonight to talk about increasing teacher pay, but instead to let the Board know some of the things
teachers and students deal with every day. Someone mentioned the trash cans in the hallways to collect
rain water, and it is true. In her classroom, she has lab tables with missing legs. She has broken desks
which cannot be replaced. She would like to have a classroom where all of the equipment is in working
order. She has a child in kindergarten class at Agnor-Hurt, which is a fine school. She loves the teachers
there, and as she sees a lot of teachers considering leaving the system, it scares her as a parent. She
wants her students and her children to have the best teachers. It is from that perspective that she tells the
Board, as one of the young working families that Peter Way was so concerned about, to please raise her
taxes so that her children can have excellent teachers, school buildings that are in good working order,
school buses that do not break down in the middle of a route. She is afraid that if this is not met, she will be
forced to look elsewhere. She has been offered a job in another county, a job for which she did not even
apply. She does not want to leave, but she will for her childrens sake. She asked that the Board vote for
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the tax increase.
Rev. Kort Greene said he is concerned about Albemarle County schools, but he does not believe
that taxes and more taxes are the answer. Scripture tells us that we should render to Caesar those things
that belong to Caesar, and to God those things which belong to God, but the scripture does not give
permission to put our hand in the taxpayers pocket and take out what we want to when we want to. The
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Scripture also says that the tax collectors were despised and hated. They had a bad reputation, not
because they were tax collectors, but because they oppressed the poor. They misappropriated the funds.
He believes that much of that is going on today. As for comparing salaries from one area to another, he
moved to Albemarle 15 years ago from the Northern Virginia area. He was making $32,000/year before he
moved, and $26,000/year here. He faired much better in Albemarle at the lower salary. He thinks the cost-
of-living factor should be considered. He opposes the four cents tax increase, and would oppose even a
one cent tax increase. He encouraged the Board to vote no.
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Mr. Henry Dean thanked the Board for the handicapped facilities in the building. He has heard so
much tonight about education, it reminds him of the Democrats and the Republicans having a ball. When
he went to school, there were six grades in one building, and one teacher. Everybody got taught. When he
was in the Army he taught 144 men in a class and he does not see any difference in teaching classes in the
military and in teaching them in the schools. He thinks the people are being babied. He said teachers are
needed to educate everybody. Tonight, the meeting reminds him of a time in the 70s when the teachers
didnt have pencils or paper in the schools. At that time, the County added an automobile license plate fee
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of $10 to help the teachers in the schools. He hopes that money is being sent directly to the schools and
not going into the General Fund. When the lady mentioned that she had broken furniture in her classroom,
he wondered what is wrong with the maintenance people in the schools. The proposed tax increase will put
a burden on people who are handicapped. He said there are a large number of people in the County who
live on a little over $7000 a year. He does not see any reason to put that much burden on the handicapped
or elderly people in the County. He is opposed to an increase in the tax.
Ms. Pam Starling thanked the Board for their hard work and long hours in behalf of the citizens.
She was present to support the proposed increase. She has lived all over the world, and has never lived
where the taxes are as low as they are in Albemarle County or services as sparse. This is a County with
urban pockets and it needs excellent competitive schools, and neighborhood parks, safe roads with
shoulders, bike paths and sidewalks, library services that are available on nights and weekends, police, fire
and rescue services which are close enough to be effective in an emergency, to match funds for
comprehensive health and social services. The Board knows what is needed. When taxes are not on the
agenda, these are the things which are requested. The County needs the Boards leadership and vision to
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take this difficult step toward building a quality community in Albemarle County. She does not need to
convince the Board what has to be done. She encourages the Board to finish what it has started.
Mr. Bill Hopkins said he wishes to challenge the Board to change the positive votes to increase real
April 5, 2000 (Regular Day Meeting)
(Page 52)
estate taxes. He asked the Board to find some way to decrease the rate per hundred. In Dunlora
Subdivision they are a microcosm of Albemarle County. They have a board of directors, a quarterly
assessment, dues, and expenses to operate. Their board contracts for new services. They are growing,
adding new homes and fees. Their board, so far, has avoided overspending and requesting more
assessments from the homeowners. The last quarter, they had 250 home owners exempted from the dues
because the board had negotiated substantial cost reductions in fees charged to the association that were
not necessary. The biggest difference between the County and the Dunlora board is that they cant raise
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fees without a vote of the homeowners. As to the budget, it appears from the data in the published
brochure that every line item is increasing. The minimum increase is 3.8 percent going up to 11 percent.
The overall budget increase is 10.3 percent. It also shows that current personal property tax revenues
increase by 12 percent over the current year. The brochure on the Website a month ago had lower
projected numbers from the State than are shown in this version. He wants the County to consider more
productivity in every line item in the budget. He wants to challenge Mr. Bowerman and himself to work on
these productivity issues. He volunteered to help anyway he can.
Ms. Debby Steva said she is present tonight to say she supports the long overdue tax increase.
Through all of the meetings and hearings she has attended this year and in past years, she has been
impressed with the commitment the Board has shown toward the budget process, and its knowledge and
genuine concern for the multitude of County needs put before it. She said most Board members are
veterans in this budget war, and are in touch with what is happening in the County. The Board has her full
trust. She asks that the Board do what is necessary to fund the schools and the growth that has occurred in
the County, or do more to control the growth.
Ms. Julia Kendrick said she was present to speak in favor of a tax increase, but not necessarily in
favor of a four cent tax increase. She is also speaking in favor of the teachers receiving an increase in
salary, and for the Strings Program. She knows everybody wants to have a quality community, and quality
education for the children. The people present tonight differ on how to get a quality community and quality
education. She said the education in Albemarle is pretty decent. What most people dont know is that
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many of these teachers are working a second job. They arent being paid enough, and many are being lost
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to private industry because they cant afford to continue to teach. With all the money in Albemarle County,
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one would think there would be a Strings Program. She said it seems like an additional expense on top of
everything else, but when you look at the basic figures, it is only a tiny pittance when compared to other
things. She said when it was first proposed that the tax rate be increased, it was thought that two cents
would adequately give enough money along with the reassessment. Then, when she read that the figure
had been doubled, she wondered why. She asked that the Board reconsider the amount of the tax
increase.
Mr. Michael Marshall said he was present tonight as president of the Crozet Community
Association. He said Crozet is the fastest growing community in the County. In 1992, there was a
community study done which recommended such things as sidewalks and other infrastructure
improvements. Those things are not being funded, although the budget is being raised. They do not see
the growth needs in Crozet being met. They feel that they need to come to budget meetings and complain
about it. A few years ago, $25,000 was put into the budget as a token to represent the direction of the
community study. They need a lot of money in Crozet to accommodate the growth. Having listened to the
discussion about the tax increase, he does not think the Supervisors have the moral authority to make a tax
increase at this time, and he says that for two reasons. One is because of growth. Mr. Tucker showed that
the growth in the County is a prime engine that caused the need for the tax increase. To say the tax
increase is justified, you need to show that you have discouraged the engine. The County tries to manage
growth, but that is not the same as discouraging growth. There is a coalition of counties now appealing to
the General Assembly relative to growth issues. Albemarle County is not listed as one of those counties in
the forefront of trying to get State regulations. When he was on the School Board, they had half hour fights
over whether they were going to spend $10,000. They had seven or eight budget meetings. The Board of
Supervisors gave them 60 percent to spend, and they held their budgets to 60 percent. Anything they
needed beyond that, they came to the Board and said they could not fund it. That is not happening now.
He does not think the present School Board budget has any credibility with the people. He does not think
the Supervisors have the authority to demand a tax increase.
Mr. Joe Jones said he thinks the Board has been thanked enough this evening. He said the
students are gone, but he wanted to commend them for being savvy enough to participate in this political
process. He does not believe, as a student in the 1960s, that many of them were aware there was a board
of supervisors running the County. He has already been taxed $24 extra dollars this year when the
automobile vehicle licenses came out. Being self-employed, he feels he is one of the most taxed
individuals. He thinks the assessments in his area will be increased about 15 percent, so when the
assessment tax rate and the assessment increase, he does not think the tax rate increase is necessary. He
said a lot of people have been talking about the needs. He says the Board should tax the needy - those
who need the sidewalks and the street lights. His cattle do not need street lights. His hay fields dont need
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sidewalks. Put the burden of growth where it belongs. He said there is a study panel at the State level
studying revisions to the tax code. He would like for them to give the Board the authority to split the rate,
thus taxing developed properties at one rate, and rural open lands at another rate. That cant be done at
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this time. As a political body, he hopes the Board will seek ways to take the tax burden off of real estate.
Maybe even look at an income tax, versus no real estate tax. He does not think growth will stop in
Albemarle County, so he does not see taxes ever going down or stabilizing. He hopes the Board will seek
other ways to raise revenues besides constantly raising the real estate tax. Tax the ones who want to be
taxed the couple of hundred extra dollars.
Mr. Harold Pillar said he is the founder of the Volunteer Tax and in 1998 they collected $2.00. This
April 5, 2000 (Regular Day Meeting)
(Page 53)
year they collected four checks which was over $300. Four people came up tonight and said they were
willing to pay additional money, and they quoted amounts. During the break he asked two of them to
deposit their money either with Mr. Martin, or in the Volunteer Tax Box in the back of the room. Neither of
the two put their money in the box. It is easy to come up and say I am willing to pay more taxes when you
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are on the government payroll. He is not on the payroll and he finds it hard to pay money to someone he
does not think is doing an adequate job. He lives in Scottsville, which was described in the paper as one of
the poorer sections of the County. Scottsville pays more per capita tax than any other district in the County.
Now, the County wants to tax them more because they are poor and have the fewest number of people
and the largest land ownership. He does not need sidewalks, or lights, or a bicycle path. He needs to be
left alone so he can do with his money what he wants to do. If he wants to spend $7.43 at McDonalds, that
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is his privilege. He does not think he should tell everybody they have to spend $7.43 at McDonalds every
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month. He does not think they should tell him how much tax he has to pay. Is he a member of the
Conservative Coalition? Loosely. He has donated sports equipment to Scottsville Elementary School this
year. He put time in tutoring and he has been accused, because he is loosely a member of the
Conservative Coalition, of being mean. He is not mean. He is here tonight for one specific project. That is
to convince one more member to vote against the proposed tax increase. School did not start on the first
day of school last year for five kids in Scottsville because the family had to wait until the first of the month to
buy shoes so their kids could go to school. He found out about this and went and bought them second-
hand shoes so they could show up on the third day of school. It is easy for people to come up and say only
$200. Those people did not have it. (Time expired.)
Mr. Mike Sharp said he came to this meeting with no opinion, but as an observer. He has to speak
out, even at this hour. He thinks Thomas Jefferson would turn in his grave if he found out how
unrepresentative government has become. He represents a large group of people, and that is the
unrepresented. He is a farmer in Cismont. He thinks there is a large group of people who did not come
because they were not enfranchised, they could get anywhere with it. Thankfully, most of the people who
spoke gave a disclaimer. He, unlike most of them, would love to be able to spend everybody elses money
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instead of his own. He said we need to talk about the new economy versus the old economy. This is very
much the old economy. He does not think there is a person in this room or in the County who is against
motherhood, apple pie and school teachers. To have this entire thing dumped on if you dont vote for the
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tax increase, the school teachers dont get a raise is a gross misrepresentation. There is a special breed
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of people who like to take credit for the new economy. The new economy has happened because people
have become very inventive and they have increased productivity faster than they have increased cost.
That should be a lesson to us. This is where we are headed. We can stay where we are forever. There
are taxes on tools in this County, on productivity, there are lots of taxes. He is not angry, but he had been
here tonight long enough to hear all the misrepresentations, and felt he had to address some of them.
Mr. Martin asked if there were anyone else who would like to speak at this public hearing. With no
one rising, he closed the public hearing on the budget.
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Agenda Item No. 21. Public Hearing on Proposed Tax Rates for Calendar Year 2000. (Notice of
this public hearing was given in the Daily Progress on March 26, 2000.)
It was noted in the staffs report that the Board approved a proposed FY 2000-01 operating budget
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of $161.6 million at its final work session on March 22, 2000. The proposed tax levies for Calendar Year
2000 are shown in the table below, and reflect the proposed $0.04 rate increase for real estate, mobile
homes and public service corporations.
(Proposed)
Levy FY 1999 Levy FY 2000 Category
$0.72/$100 $0.76/$100 Real Estate & Mobile Homes
$0.72/$100 $0.76/$100 Public Service Corporations
$4.28/$100 $4.28/$100 Personal Property
$4.28/$100 $4.28/$100 Machinery & Tools
Mr. Martin immediately opened the public hearing. With no one from the public rising to speak, the
public hearing was closed. Mr. Martin thanked everyone for coming to this meeting and said the Board will
vote on this issue at next Wednesdays meeting.
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_______________
Not Docketed: At 11:10 p.m., motion was made by Mr. Bowerman that the Board go into Closed
Session pursuant to Section 2.1-344(A) of the Code of Virginia under Subsection (7) to consult with legal
counsel and staff regarding specific legal matters relating to an interjurisdictional agreement. The motion
was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Martin, Ms. Thomas, Mr. Dorrier and Mr. Perkins.
NAYS: None.
__________
At 11:40 p.m., the Board reconvened into open session. Motion was immediately offered by Mr.
Bowerman that the Board certify by a recorded vote that to the best of each Board members knowledge
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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,
April 5, 2000 (Regular Day Meeting)
(Page 54)
discussed or considered in the closed session.
The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Martin, Ms. Thomas, Mr. Dorrier and Mr. Perkins.
NAYS: None.
_______________
Agenda Item No. 22. Adjourn to April 10, 2000, for a joint meeting with Charlottesville City Council,
at the Senior Center.
Motion was then offered by Mr. Bowerman to adjourn this meeting until April 10, 2000, at the
Senior Center on Pepsi Place, Charlottesville, for a joint meeting with members of the Charlottesville City
Council.
The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Martin, Ms. Thomas, Mr. Dorrier and Mr. Perkins.
NAYS: None.
________________________________________
Chairman
Approved by the
Board of
County
Supervisors
Date
Initials