1999-01-06000 94
January 6, 1999 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January
6, 1999, at 9:00 a.m., Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr.,
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; and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:00 a.m., by the County Executive, Mr.
Tucker.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Election of Chairman.
At this time Mr. Tucker opened the floor for nominations for Chairman of the Board of Supervisors.
Mr. Marshall nominated Charles Martin as Chairman for Calendar Year 1999. Mr. Bowerman
seconded the nomination. There were no other nominations, Mr. Bowerman moved to close the
nominations. Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Mr. Martin said he appreciates all of the other Supervisors' support. He stated that it has been a
pleasure being Vice Chairman to an excellent outgoing Chairman, Mr. Marshall. He stated that over the
years and especially over the last year while Mr. Marshall was serving as Chairman of the Board of
Supervisors, he has heard people say that Mr. Marshall is a sweet person. He agreed that Mr. Marshall is
sweet, nice and caring, and he hopes he can follow in those footsteps to show the caring for the County
that Mr. Marshall has shown. Mr. Marshall said he appreciated Mr. Martin's comments.
Next, Mr. Martin stated that this is an incredible honor for him to be the Chairman of the Albemarle
County Board of Supervisors. He has been preceded by some people who he feels he will never be able
to replace, but he will do the best he can. He has gotten a lot of phone calls from people congratulating
him, because people knew unofficially three weeks ago that he would probably be elected Chairman. He
went on to say one of the things that st0od out in his mind was that a lot of people have said they would
like to think of him as a role model for some of the children in the community. He has been involved with
the fathering initiative that has been in this community, and it is a very important initiative. He works as a
juvenile probation officer, and the most important thing that could happen among the population of juvenile
delinquents is for fathers to step forward and be fathers. He then introduced his own father, Fred Martin,
who was in the audience, as well as his father's wife, Adrian. Mr. Martin also introduced his own wife,
Carolyn, and his oldest son Charles Steven Martin, II.
Agenda Item No. 5. Election of Vice-Chairman.
Mr. Marshall nominated Sally Thomas as Vice-Chair for Calendar Year 1999. Mr. Bowerman
seconded the nomination. There were no other nominations. Mr. Bowerman moved to close the
nominations. Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 6. Appointment of Clerk and Deputy Clerk.
Ms. Humphris offered motion to reappoint Ella W. Carey as Clerk and Laurel B. Hall as Senior
Deputy Clerk for Calendar Year 1999. Mr. Marshall seconded the motion. Roll was called and the motion
carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
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Agenda Item No. 7. Set Me~ting Times, Dates and Places for Calendar Year 1999.
Ms. Humphris made motion to set the meeting times, dates and places for Calendar Year 1999
as follows: first Wednesday of the month - 9:00 a.m., second Wednesday of the month - 7:00 p.m., and
third Wednesday of the month - 7:00 p.m., with said meetings to be held in the County Office Building on
Mclntire Road; and to cancel the December 15, 1999. Mr. Bowerman seconded the motion. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 8. Set Dates for Hearing Zoning Text Amendments Requested by Citizens.
Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to set the dates for hearing
Zoning Text Amendments requested by citizens as follows: July 14 and October 13, 1999, January 12
and April 19, 2000. Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 9. Rules of Procedure, Adoption of.
Mr. Davis pointed out that there are two changes that have been adopted by this Board over the
last couple of months. First, a change has been incorporated in the Zoning Application Deferral Policy
which is the Third Paragraph under "D, Order of Business" on Page Three of the Rules of Procedure. He
explained that the Supervisors had been operating under this change, but it was not shown in the
procedures. He said on Page Four, in the second paragraph under the section entitled "Public Hearings,"
the public hearing policy time limits adopted by this Board a few weeks ago have been incorporated.
Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to adopt the Rules of
Procedure. Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
RULES OF PROCEDURE
ALBEMARLE BOARD OF COUNTY SUPERVISORS
A. Officers
Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall
preside at such meeting and at all other meetings during the year for which elected. In
addition to being presiding officer, the Chairman shall be the head official for all the
Board's official functions and for ceremonial purposes. He shall have a vote but no veto.
(Virginia Code Sections 15.2-1422 and 15.2-1423)
Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if
present, shall preside at meetings in the absence of the Chairman and shall discharge the
duties of the Chairman during his absence or disability. (Virginia Code Section 15.2-1422)
Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but
either or both may be re-elected for one or more additional terms. (Virginia Code
Section 15.2-1422)
Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are
absent from any meeting, a present member shall be chosen to act as Chairman.
Clerk and Deputy Clerks
The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall
serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia
Code Section 15.2-1539 and such additional duties set forth in resolutions of the Board as
adopted from time to time. (Virginia Code Section 15.2-1416)
Meetings
Annual Meeting. The first meeting in January held after the newly elected members of the
Board shall have qualified, and the first meeting held in January of each succeeding year,
shall be known as the annual meeting. At such annual meeting, the Board shall establish
the days, times, and places for regular meetings of the Board for that year. (Virginia Code
Section 15.2-1416)
January 6, 1999 (Regular Night Meeting)
(Page 3)
Regular Meetings. The Board shall meet in regular session on such day or days as has
been established at the annual meeting. The Board may subsequently establish different
days, times, or places for such regular meetings by passing a resolution to that effect in
accord with Virginia Code Section 15.2-1416. If any day established as a regular meeting
day falls on a legal holiday, the meeting scheduled for that day shall be held on the next
regular business day without action of any kind by the Board. (Virginia Code
Section 15.2-1416)
If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares
that weather or other conditions are such that it is hazardous for Board members to attend
a regular meeting, such meeting shall be continued to the next regular meeting date.
Such finding shall be communicated to the members of the Board and to the press as
promptly as possible. All hearings and other matters previously advertised shall be
conducted at the continued meeting and no further advertisement shall be required.
(Virginia Code Section 15.2-1416)
Regular meetings, without further public notice, may be adjourned from day to day or from
time to time or from place to place, not beyond the time fixed for the next regular meeting,
until the business of the Board is complete. (Virginia Code Section 15.2-1416)
Special Meetings. The Board may hold special meetings as it deems necessary at such
times and places as it deems convenient. A special meeting may be adjourned from time
to time as the Board finds necessary and convenient. (Virginia Code Section 15.2-1417)
A special meeting shall be held when called by the Chairman or requested by two or more
members of the Board. The call or request shall be made to the Clerk of the Board and
shall specify the matters to be considered at the meeting. Upon receipt of such call or
request, the Clerk, after consultation with the Chairman, shall immediately notify each
member of the Board, the County Executive, and the County Attorney. The notice shall
be in writing and delivered to the person or to his place of residence or business. The
notice shall state the time and place of the meeting and shall specify the matters to be
considered. No matter not specified in the notice shall be considered at such meeting
unless all members are present. The notice may be waived if all members are present at
the special meeting or if all members sign a waiver for the notice. (Virginia Code
Section 15.2-1418)
The Clerk shall notify the general news media of the time and place of such special
meeting and the matters to be considered.
Order of Business
The Clerk of the Board shall establish the agenda for all meetings in consultation with the
Chairman. The first two items on the agenda for each regular meeting of the Board shall be the
Pledge of Allegiance and a moment for silent meditation.
The procedures for r~ceiving comment from the public for matters not on the agenda shall be at
the discretion of the Board. Unless otherwise decided, no more than three persons will be
allowed to speak during the time set aside on the agenda for "Other Matters Not Listed on the
Agenda from the Public". Each person shall be permitted no more than five minutes to provide
comments.
Zoning applications advertised for public hearing shall be on the agenda for public hearing on the
advertised date unless the applicant submits a signed written deferral request to the Clerk of the
Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The
first request for a deferral will be granted administratively by the Clerk. The Board will be notified
of the deferral in the next Board package and the deferral will be announced at the earliest
possible Board meeting to alert the public of the deferral. Any request received later than the
Wednesday deadline and any subsequent request for a deferral for the same application
previously deferred will be granted only at the discretion of the Board by a majority vote. The
deferral shall not be granted unless the Board determines that the reason for the deferral justifies
the likely inconvenience to the public caused by the deferral. The staff will make every effort to
alert the public when a deferral is granted.
January 6, 1999 (Regular Night Meeting)
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E. Quorum
A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If
during a meeting less than a majority of the Board remains present, no action can be taken except
to adjourn the meeting. If prior to adjournment the quorum is again established, the meeting shall
continue. (Virginia Code Section 15.2-1415)
A majority of the members of the Board present at the time and place established for any regular
or special meeting shall constitute a quorum for the purpose of adjourning such meeting from day
to day or from time to time, but not beyond the time fixed for the next regular meeting.
Voting Procedures
Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by
approval of a majority of the members present and voting on a motion properly made by a
member and seconded by another member. Any motion that is not seconded shall not be
further considered. The vote on the motion shall be by a voice vote. The Clerk shall
record the name of each member voting and how he voted on the motion. If any member
abstains from voting on any motion, he shall state his abstention. The abstention will be
announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the motion
voted upon. (Article VII, Section 7, Virginia Constitution)
Special Voting Requirements. A recorded affirmative vote of a majority of all elected
members of the Board shall be required to approve an ordinance or resolution
(1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing
the borrowing of money. (Virginia Code Section 15.2-1428)
Public Hearings. The Board shall not decide any matter before the Board requiring a
public hearing until the public hearing has been held. The Board may, however, at its
discretion, defer or continue the holding of a public hearing or consideration of such
matter.
The procedures for receiving comment from the applicant and the public for public
hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant
shall be permitted no more than ten minutes to present its application. Following the
applicant's presentation, any member of the public shall be permitted no more than three
minutes to present public comment. Speakers are limited to one appearance at any
public hearing. Following the public comments, the applicant shall be permitted no more
than five minutes for a rebuttal presentation.
Motion to Amend. A motion to amend a motion before the Board, properly seconded,
shall be discussed and voted by the Board before any vote is taken on the original motion
unless the motion to amend is accepted by both the members making and seconding the
original motion. If the motion to amend is approved, the amended motion is then before
the Board for its consideration. If the motion to amend is not approved, the original
motion is again before the Board for its consideration.
Previous Question. Discussion of any motion may be terminated by any member moving
the "previous question". Upon a proper second, the Chairman shall call for a vote on the
motion of the previous question. If approved by a majority of those voting, the Chairman
shall immediately call for a vote on the original motion under consideration. A motion of
the previous question shall not be subject to debate and shall take precedence over any
other matter.
Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion
to reconsider is made at the same meeting or an adjourned meeting held on the same
day at which the matter was decided. The motion to reconsider may be made by any
member of the Board. Upon a proper second, the motion may be discussed and voted.
The effect of the motion to reconsider, if approved, shall be to place the matter for
discussion in the exact position it occupied before it was voted upon.
Motion to Rescind. Any decision made by the Board, except for zoning map amend-
ments, special use permit decisions, and ordinances, (these exceptions shall only be
subject to reconsideration as provided above) may be rescinded by a majority vote of all
elected members of the Board. The motion to rescind may be made by any member of
the Board. Upon a proper second, the motion may be discussed and voted. The effect of
the motion to rescind, if approved, is to nullify the previous decision of the Board. Zoning
map amendments, special use permit decisions and ordinances may be rescinded or
repealed only upon meeting all the legal requirements necessary for taking action on such
matters as if it were a new matter before the Board for consideration.
January 6, 1999 (Regular Night Meeting)
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G. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Board at the next regular
meeting following a regular meeting at which notice of the motion to amend is given.
H. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the Board members present
and voting. The motion to suspend a rule may be made by any member of the Board. Upon a
proper second, the motion may be discussed and voted. The effect of the motion to suspend a
rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided,
however, approval of a motion to suspend the rule shall not permit the Board to act in violation of
a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other
applicable law.
Necessary rules of procedure not covered by these Rules of Procedures shall be governed by
Robert's Rules of Order.
(Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80;
1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93;
1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99)
Agenda Item No. 10. Presentation of Certificates of Appreciation.
Mr. Martin said it is a great honor to present to Mr. G. David Emmett a Certificate of Appreciation
for his work since 1996 on the Citizens Advisory Committee of the Rivanna Solid Waste Authority. Mr.
Martin noted that Mr. Emmett served two full terms during Rivanna's most turbulent times. He then read
the Certificate of Appreciation to the group.
Next, Mr. Frank Rice received a Certificate of Appreciation for his service on the Equalization
Board. Mr. Rice served on the Albemarle County Board of Equalization from 1993 through 1998 and
during his tenure he served as Vice Chairman and then as Chairman from 1997 to 1998. Mr. Martin read
this Certificate of Appreciation to the group, also.
Agenda Item No. 11. Other Matters Not Listed on the Agenda from the PUBLIC.
Mr. Bob Watson, representing the Charlottesville-Albemarle Legislative Action Coalition (CALAC),
congratulated Mr. Martin on his elevation to the Chairmanship as well as Ms. Thomas for her election as
Vice Chairman of the Albemarle County Board of Supervisors. He wished them both the best of luck in
1999. He then noted that Deborah van Eersel, the former Executive Vice President of the Charlottesville
Area Association of Realtors, has resigned to spend more time with her family and to take on some duties
with Montague Miller Realtors. He introduced Dave Phillips as her replacement, and explained that Mr.
Phillips is from the Richmond area where he is heavily involved with the state Real Estate Board. Mr.
Watson announced that effective immediately Mr. Phillips is the new Executive Vice President of the Area
Board of Realtors. Mr. Martin told Mr. Phillips that the Board looks forward to working with him.
Next, Ms. Lori Aylor stated that she lives in the Buck Ridge Subdivision just north of Free Union
on six acres that are mostly wooded, which backs up to Buck Mountain. She said on December 5, 1998,
her dog was shot in the left front leg. She reported that the same day, a deer was shot in a neighbor's
field, and the property owner witnessed the event from her window. She added that hunters shot off the
mountain just past the neighbor's horse and her home. The deer was startled, jumped over a fence and
crossed Catterton Road, and the hunter then took another shot across the road. She remarked that the
deer fell, but did not die. The hunter did not come off the mountain to kill the deer, but left it to die. She
explained that a game warden later had to kill the deer. She mentioned that a local property owner, who is
also a hunter, reported being afraid for his life when he came across hunters on his own property
bordering Buck Mountain. She has heard many complaints, and they are increasing recently, from people
who have witnessed hunting from vehicles as well as spotlighting. Landowners are also reporting posted
signs being removed from their property. She added that she has never had a problem with hunting. Her
husband and his family have been hunting for generations, and she is aware of the deeply rooted tradition
of deer hunting in Virginia, and she has always respected it. Unfortunately, the information she has
become aware of has forced her to realize that many hunters do not deserve this respect. These
incidents in all likelihood are the responsibility of a few hunters, but what concerns her is the response she
received when she spoke to other hunters in the area. All but one, out of approximately ten, felt this type
of behavior was unfortunate but tolerable. She noted that the hunters said this type of behavior was
inappropriate, but things such as this are going to happen, and there was nothing anyone could do about
it. She commented that hunters are so careful'to protect hunting that they instead defend illegal activities
and irresponsible behavior.
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She recalled the Daily Progress article printed on December 9, 1998 about the attempts to
increase game wardens in this area. Mr. Martin was quoted in this article as saying, "When you have rural
areas, you have hunting. Hunting was here before most of us were. If you don't like it, move to the City."
this statement implies that hunters have the right to shoot a deer anywhere it happens to be no matter
what the consequences, and she does not understand why citizens are expected to tolerate illegal hunting
techniques. She mentioned that she is a member of the Farmington Hunt Club, and if she was to leave a
landowner's gate open or damage his property, the Hunt Club would no longer allow her to be a member.
She said responsible hunters need to set an example, and they must not tolerate illegal activities. She is
sure Mr. Martin knows people with whom he would not feel safe hunting because they practice poor
techniques. She reported that these people are hunting in her back yard. She believes hunters and
residents can share the same area, but in order to do this safely, hunters have to behave responsibly.
She commented that if hunters are not willing to stand up to protect the tradition of their sport by policing
themselves, they will lose the ability to hunt in their own communities. She noted that because hunters
are choosing to ignore this behavior, anti-hunting activists are getting more and more support, and they
now have hers. If things continue in this manner, responsible hunters will not have anywhere to hunt, and
those who ignore the illegal activities, and not the ones who do it, are the ones who will have to pay.
Ms. Bonnie Drumm sympathized with Ms. Aylor. She moved to the County a dozen years ago in
order to see the wildlife and to preserve it, and she has tried to do so with 130 acres. She explained that
she does not allow hunting, even for family members. She has gone to the trouble to post the perimeter of
her property with no trespassing signs, but it doesn't really matter. People even come from Greene County
and drive their four-wheelers, tear up the ground, destroy the environment, shoot their guns and let their
dogs run. She cannot have any peace and quiet. She added that people shoot from the road and kill deer
on her property, as well as across the road, and nobody can stop them. She uses a spotlight on the
hunters, and it slows them down, and there is less of it after she does that. She remarked that she does
not have any sympathy for hunters. Her husband was a hunter, but he never shot game on their property.
She commented that she would not approach these hunters with or without a gun to try to find out who is
tearing up the ground with four wheelers and shooting. She said it is not safe, and more rules are needed.
She commented that she doesn't want the dogs chasing the deer and rabbits, and she doesn't think
people should allow their dogs to run wild. She remarked that it is her property, and she moved there for
peace and quiet, and she doesn't want to move back to the City.
Mr. Martin thanked the two ladies for coming forward to speak, and he emphasized that it gives
him an opportunity to clear up the record. He explained that the statement attributed to him by the Daily
Progress was completely true, but there were a lot of statements made in front of it. What he said to the
Daily Progress and here at this Board meeting is that hunting is one of those things that occurs in the rural
area. He said if people are going to live in a rural area, they have to be able to tolerate things such as a
tractor slowing them down on the way to work. They have to realize there are going to be tractors
because people are going to be farming. He commented that if people live in a rural area they have to
realize that they cannot call the police and expect them to be there five minutes later. The statement
attributed to him simply said "If people don't support hunting, they should move back to the City," but there
was more to it than that. He is a strong supporter of people following the law, and every comment and
situation that has been explained to him including situations brought up today, involve situations that are
currently illegal. He has never advocated reducing the laws as they currently exist. He has always said
the problems that have been brought to him are enforcement issues, and it is not a matter of it being legal
as far as someone standing in the road and shooting onto someone else's property. He added that this is
illegal, and it is an enforcement issue. He said it is already illegal, and there is no need to change the
laws, but the need is to enforce laws already in place. He remarked that he is not saying he would not be
open to some changes in the laws if someone presented something that is reasonable, but his response
to the Daily Progress was a response to the question as to whether or not hunting should be banned. He
emphasized that this is a rural area and, in his opinion, hunting should not be banned, and that is why he
responded in such a manner. He pointed out that the Daily Progress did not print the question, and only
printed part of his response. He reiterated that he appreciated the ladies coming forward to allow him the
opportunity to defend himself.
Mr. Marshall commented that his family has lived in this County since 1740, and he has lived on a
farm in southern Albemarle County for over 30 years. Saturday someone shot a deer in one of his front
pastures, and there were 42 head of cattle in the same field. He remarked that he is not opposed to
people hunting in Albemarle County, but he is opposed to people breaking the law. Especially when they
shoot from a highway as busy as Route 20 into a field where there are not only cattle but two homes.
These people are law breakers, and they need to be punished. Legitimate hunters do not need to be
punished, but unfortunately this area is highly accessible to Northern Virginia. He recalled reading about
the thousands of deer killed in Fairfax County last year by cars alone, and he does not know what can be
done about the overpopulation of deer in those areas. He pointed out, though, that Albemarle County also
has an overpopulation of deer, and three have been killed in front of his farm this year. He allows hunters
on his farm, and two deer were shot legally there. However, one deer was shot illegally, and it amounted
to the same number that were killed on the highway in front of his farm. He remarked that laws need to be
enforced, and although he is unsure what can be done, he would be willing to support any type of
ordinance that would increase the fines and penalties for illegal activities. He emphasized that he would
support such things as confiscating guns and cars to keep people from coming from other places. He
reported that a couple of years ago he heard a shot from the back of his farm, and when he went to
investigate, there was a man standing there on property where he had permission to hunt. However, he
belonged to a hunt club from Maryland. He has since talked to his neighbor, and she doesn't allow these
January 6, 1999 (Regular Night Meeting)
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people to hunt there anymore but at that time, there were approximately 25 people from the State of
Maryland hunting in Albemarle County. These people live in the city, and they have a gun in their hands,
and they will shoot at anything that moves. He recalled that a few years ago a man killed his brother not
200 yards from Mr. Marshall's house, because the man thought his own brother was a turkey. Mr.
Marshall emphasized that this man was also from Maryland. A lot of times laws are being broken by
people who do not live here, although there are also people in Albemarle County who break hunting laws.
He said, though, people break hunting laws just as other people are breaking the law who are driving
drunk, and they need to be punished.
Mr. Bowerman stated that these are criminal acts, and they are created by people who are not
responsible. He added that money was expended for a new program this year using deputy sheriffs to
augment the state game wardens. The County is awaiting the result of the use of the deputies. Along
with that County officials can follow through on the court disposition with the arrests that are made. Mr.
Davis responded that this is possible.
Mr. Bowerman said it is clear that evaluation needs to be done as far as the success of this year's
program in light of the continuing problems. He agreed that it is an enforcement issue, and the criminals
need to be caught and prosecuted. He added that the County has to use the resources necessary to do
that, and if it means more resources next year, then this is one of the things County officials will have to
consider. He said rules can be made, but they won't help, if there are people acting in an irresponsible
manner and the rules are not enforced.
Mr. Marshall commented that he believes if some of these law breakers are caught with the
evidence on them and their rifles and cars could be confiscated, a lot of these bad situations would stop.
He wondered if there is any way something of this nature could be implemented. Mr. Davis replied that
the Board of Supervisors does not have the authority to increase the penalties beyond those the General
Assembly has authorized, and all of the crimes to which the local ordinances apply already have the
maximum punishments allowable. The state crimes that are violated are covered by the stade Code. He
went on to say the Judge has some discretion as to how people are punished as far as a minimum or
maximum fine, and the Judge bases the punishment on the circumstances. Mr. Davis noted that there are
some instances where a gun has been used improperly and it is confiscated by the court, but he is not
aware of any authority to allow confiscation by this Board.
Mr. Martin inquired as to the maximum fine. Mr. Davis answered that for a Class One
Misdemeanor, the maximum fine is $2,500. Mr. Bowerman asked about hunting on posted property. Mr.
Davis said this would be termed as trespassing. Mr. Bowerman reiterated that County officials need to
know the disposition of the cases that actually get to court to see whether the penalties are severe enough
to match the action, and the necessary resources need to be used to help with this situation.
Ms. Thomas recalled the effect MADD had with its court watching. She said all it took was for
citizens to sit in court for judges to know there were citizens there who expected the penalties to increase
significantly: She stated, though, that citizens may need some help as far as knowing when the cases will
be heard. She suggested that if staff is going to be responsible for keeping track of the disposition of
cases, perhaps it could also help with the times they are being heard in court. Mr. Bowerman concurred
that enforcement and coordination are equally important.
Mr. Marshall suggested that this Board adopt a resolution asking the Judge to enforce the laws to
the limit of the law. Mr. Martin stated that he does not think the Supervisors can adopt a resolution without
knowing what is currently being done. He added that the League of Women Voters are studying the issue
and will be presenting this Board with some ideas. Maybe the Supervisors can use these ideas and
incorporate some of the things being discussed today.
Mr. Bowerman suggested that Mr. Davis contact the Commonwealth Attorney and make the
Board of Supervisors' position known to him in terms of the prosecution of these arrests. Mr. Marshall
concurred.
Mr. Tucker agreed with Mr. Bowerman's statement that last year the Board of Supervisors
increased the funding for additional enforcement to supplement the state game wardens and enforcement
of the hunting laws. The staff members indicated to the Supervisors that once the season was over, they
would bring back an analysis and a report relating to this past hunting season. These items should be
available in February or March, and he suggested that perhaps Mr. Camblos could attend this meeting to
hear comments first hand from the Supervisors. He also suggested that perhaps some of the citizens at
this meeting today could attend the same meeting so Mr. Camblos could get a good idea of the citizens'
concerns.
Mr. Martin noted that Ms. Drumm and Ms. Aylor wished to speak again, and he explained that the
Board of Supervisors usually does not allow a response at this part of the meeting. However, he would
allow both ladies a brief response. Ms. Drumm stated that the Board of Supervisors must address and
acknowledge the growing population in the County. She said it is no longer the rural hunting area it used
to be 75 years ago. She added that it is being developed, and there are houses everywhere, and there
are more in some areas than others.
January 6, 1999 (Regular Night Meeting)
(Page 8)
000 ,0 _
Ms. Aylor said she would like to follow up on Ms. Thomas' comments. Ms. Aylor stated that there
are a lot of responsible hunters in this area whose support can be enlisted in this endeavor. She said
everyone will agree that the best policed land is land that is hunted by good hunters. She remarked that
she does not want to get people in a bad situation where they could get shot, but she wondered if there
could be a volunteer group to help with this situation. She suggested that hunters who want to hunt in
certain areas could be enlisted to help police those people who are not responsible. There are not enough
resources to have game wardens everywhere, but she is sure there would be a lot of hunters who follow
the tradition who would know the laws and how they work. Maybe there could be an anonymous type of
situation for reporting people, which would enable hunters to police their own sport.
Ms. Thomas pointed out that with cellular telephones becoming more common, it will be a lot
easier to report a dangerous hunter at the 911 emergency number. She noted that this is done Often on
the highways now when there are dangerous situations. She said she likes Ms. Aylor's idea.
Mr. Marshall stated that the biggest problem he has with confronting people who are illegally
hunting on his property is that these people are armed, and he is not. He does not threaten anyone in
this type of situation.
Mr. Martin thanked Ms. Aylor and Ms. Drumm for generating such an interesting conversation and
for allowing him a chance to set the record straight.
Agenda Item No. 12. Consent Agenda.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve Items 12.1
through 12.9, with changes to Item 12.4, and to accept the remaining items as information. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Item No. 12.1. Adopt Resolution of Intent to Amend Zoning and Subdivision Ordinances, re:
Development Fees for Public Projects and Payment of Delinquent Taxes.
The Executive Summary states that currently fee schedules in the Zoning and Subdivision
Ordinance apply to development reviews for projects owned by Albemarle County and the Albemarle
County Public School System. However, County projects are exempt from building permit/review fees.
Also, Section 15.2-2286.B. of the Code of Virginia allows the County to require evidence that
delinquent taxes have been paid "prior to initiation of an application for a special exception, special use
permit, variance, rezoning or other land use permit or prior to final approval" for the property for which
such permit is sought. While this provision would apply only to permits sought under the Zoning
Ordinance and not subdivision of land, several hundred permits are sought annually through Zoning.
The Board has determined that paying fees for County owned projects is contrary to the efficient
operation of government and good financial management. Therefore, the goal is to eliminate all
application, inspection and other fees for any County owned project, while maintaining the same
compliance and review process as private property owners.
For payment of delinquent taxes, the applicant would not be required to provide this information-
a computer inquiry would be made by staff for each application in coordinated effort with the Department
of Finance. The Director of Finance strongly supports this proposed amendment.
Staff recommends that the Board adopt the resolution of intent to amend the Zoning & Subdivision
Ordinances and request the Planning Commission to hold a public hearing on this issue and return its
recommendation to the Board at the earliest possible date.
By the above shown vote, the Board adopted the following Resolution of Intent:
WHEREAS, Section 35.0 Fees, of the Zoning Ordinance and Section 14-203 Fees, of the Subdivision
Ordinance are intended to collect reasonable fees for the costs of development reviews; and
WHEREAS, such fee schedules in the Zoning and Subdivision Ordinances currently apply to development
reviews for projects owned by Albemarle County and the Albemarle County Public School System;
and
WHEREAS, although enabled by state law, the Zoning Ordinance does not require the payment of delinquent
real estate taxes on a property prior to the initiation of a zoning application or a zoning approval for
such property; and
WHEREAS, the Board has determined that these practices may be contrary to the efficient operation of
government and good financial management.
January 6, 1999 (Regular Night Meeting)
(Page 9)
000202
NOW, THEREFORE, BE IT RESOLVED that for the purposes of public necessity, convenience, general
welfare and good zoning practice, the Board of County Supervisors hereby adopts a resolution of
intent to amend Section 35.0 Fees, of the Zoning Ordinance and Section 14-203 Fees, of the
Subdivision Ordinance to eliminate all application, inspection and other fees for any project owned
by Albemarle County or the Albemarle County Public School System and to require payment of
delinquent real estate taxes on properties subject to a zoning application or approval.
BE IT FURTHER RESOLVED that the Planning Commission is requested to hold a public hearing on this
Resolution of Intent, and to return its recommendations to this Board at the earliest possible date.
Item No. 12.2. Adopt Resolution Authorizing Appointment of Assistant Fire Marshal pursuant to
Virginia Code Section 27-36.
Virginia Code Section 27-36 provides that the Board may appoint one or more assistant fire
marshals who may in the absence of the Fire Marshal carry out his duties and responsibilities. The
appointment of James Barber (who currently is a Fire Prevention Inspector) as an Assistant Fire Marshal
is necessary in order to further assist in carrying out the duties and responsibilities of the Fire Marshal's
Office. James has satisfactorily completed the required training for Fire Marshals, exercising police
powers as required by the Virginia State Department of Fire Programs.
Staff recommends the appointment of James Barber as Assistant Fire Marshal with full police
powers of the Fire Marshal.
By the above shown vote, the Board adopted the following resolution:
WHEREAS, the appointment of James Barber, who currently serves as a Fire Prevention
Inspector for the County of Albemarle, as an Assistant Fire marshal is necessary in order to assist the Fire
Marshal in carrying out the duties and responsibilities of his office; and
WHEREAS, James Barber has satisfactorily completed a course for Fire Marshals with police
powers, designed by the Department of Fire Programs in cooperation with the Department of Criminal
Justice Services; and
NOW, THEREFORE, BE IT RESOLVED, that I, Charles S. Martin, Chairman, on behalf of the
Albemarle County Board of Supervisors, hereby appoint James Barber as Assistant Fire Marshal pursuant
to Section 27-36 of the code of Virginia (1950), as amended, and that James Barber is hereby authorized
to exercise all police powers of Fire Marshals pursuant to Section 27-34.2:1 of the Code of Virginia (1950),
as amended; and
FURTHER RESOLVED, that James Barber is directed to take the required oath before an officer
authorized to administer such oaths, faithfully to discharge the duties of such office; and that the certificate
of the oath shall be returned to and preserved in the Clerk's Office of the Board of Supervisors of
Albemarle County. James Barber, shall, at all times subsequent to this appointment continue to exercise
police powers only upon satisfactory participation in in-service and advanced courses and programs
designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice
Services, which courses will be approved by the Virginia Fire Services Board.
Item No. 12.3. Appointment of Caroline Wilson as Chair of the Rivanna Solid Waste Authority
Citizen Advisory Committee.
As Board members are aware, Preston Coiner has recently stepped down as Chairman/Member
of the RSWA (CAC). The process requires that the City and County appoint the Chair of the CAC. It has
been recommended that Caroline Wilson, currently the Vice-Chair of the CAC, be appointed.
By the above shown vote the Board appointed Caroline Wilson as the Chair of the Rivanna
Solid Waste Authority's Citizen Advisory Committee.
Item No. 12.4. Proposed changes to E-911 Road Signs, Posts, and Road Naming and Property
Numbering Manual.
The Enhanced 911 (E-911) Sign Program was implemented in FY 1994-95. The signs allow
emergency responders to quickly locate callers. New road signs have since been installed at most
County road intersections. The current sign manual requires flat blade secondary road signs 8-inches in
height, and fiat blade primary road signs 9-inches in height. The signs are required to be end mounted on
the side of a 4-inch x 4-inch x 10-foot wooden post. Since January 1994, approximately 600 damaged
road signs have been repaired or replaced. The proposed posts and signs will reduce current problems
such as theft of signs, pressure treated posts, and stainless steel hardware; natural warping of wood
posts; damage from strong winds and vandalism (the cantilevered sign seems to invite people to hang
from it).
January 6, 1999 (Regular Night Meeting)
(Page 10)
OOO203
This proposal is to modify the current manual to require mounting of road signs on the top and
center of a 2-inch x 2-inch x 9-foot metal post, use extruded sign blades 6-inches in height for secondary
roads, and extruded sign blades 9-inches in height for primary roads. Extruded blades have a thickened
top and bottom edge on the sign, which makes the sign blade stronger than flat sign blades. Center
mounted extruded blade signs, 6" high for secondary roads and 9" high for primary roads, are the
established industry standard. An 8" high extruded blade sign would be an "irregular size", or a "special
order sign", and would be more expensive than the 6" and 9" extruded blade signs. Center mounted signs
allow easier road name identification by E-911 responders. The signs are attached to the center mount
sign system using vandal deterrent hardware making theft more difficult. Our present sign system uses
no vandal deterrent hardware.
The proposed center mount sign system would replace existing signs when damaged or stolen.
Developers would still be required to install center mounted E-911 signs in any new development.
Existing subdivisions will be allowed to convert existing signs to the center mount system if they are willing
to pay for the changeover.
Costs for the metal posts and sign mounting hardware associated with this proposed installation
will increase $25.00 per location ($39 per metal post vs. $14 per wood post). However, the cost of the
overall sign installation program should be reduced due to a decrease in the number of signs to be
repaired or replaced. An example of the potential cost savings is as follows, estimating a 25% reduction in
signs requiring replacement.
100 signs per year replaced labor
using the present method: material
TOTAL
$3,500.00 (100 signs x $ 35.00 per sign)
$5,900.00 (100 x $ 59.00 for 8" flat sign, post &
hardware)
$9,400.00
75 signs per year using the labor
proposed method: material
TOTAL
$2,625.00 (75 signs x $ 35.00 per sign)
$6,112.50 (75 x $ 81.50 for 6" extruded sign, post &
hardware)
$8,737.50
· Estimated Annual Savings: $ 662.50
Carl Pumphrey, Fire and Rescue Division Chief; Tom Hansen, Director of Emergency
Communications Center; and John Miller, Chief of Police, have all endorsed the new installation design
as a more visible sign.
The new signs will be cost effective, more visible to citizens and emergency responders, while
also providing a more aesthetically pleasing installation. In addition to this E-911 sign change proposal,
some minor "housekeeping" changes are also proposed for the Road Naming and Property Numbering
Manual. These minor changes are:
· Revise road name suffix abbreviations to reflect new Post Office and Telephone company standards;
· Specify that agreement from a majority of landowners (greater than 50%) is needed to propose a new
road name or propose a road name change;
· Specify that any road name change must have approval from the Board of Supervisors;
· Establish addressing standards for garden apartments.
Staff recommends modifying the existing Road Naming and Property Numbering Manual to
require installation of 2-inch x 2-inch x 9-foot metal posts with top and center mounted signs. Change
the type of sign blade to an extruded blade with heights of 6" for secondary roads and 9" for primary
roads. The new design will be used for all new installations and replacement of damaged signs.
Approve the proposed "housekeeping" changes to the Road Naming and Property Numbering Manual.
As the table (copy on file) indicates, the proposed design costs are greater than the current
design costs, (e.g., $81.50 for a 6" extruded secondary road sign blade design vs. $59.00 for an 8" flat
secondary road sign blade design, and $91.50 for a 9" extruded primary road sign blade vs. $64.00 for
a 9" flat primary road sign blade). However, the cost increase would be offset by the lower
maintenance costs. Carl Pumphrey, Fire and Rescue Division Chief; Tom Hansen, Director of
Emergency Communications Center; and John Miller, Chief of Police, have all endorsed the new
installation design as a more visible sign.
Ms. Thomas asked if changes to the signs will be made now. Mr. Tucker responded that E-911
representatives are present at this meeting and will give a brief report on the proposed sign changes if the
Supervisors so desire. However, there are photographs in the Board members' packets, and some of the
actual signs have also been brought to this meeting.
Ms. Thomas mentioned her concern about the size of the smaller signs. She said now the
secondary roads have eight inch signs, but the proposal is for six inch signs. She wondered if the print is
smaller on a six inch sign. Mr. Jerry Shatz, of the Public Works Department, replied that an inch is lost
with the six inch signs.
January 6, 1999 (Regular Night Meeting)
(Page 11)
000 04
Ms. Thomas stated that as people age they appreciate large signs. She asked if it is too
expensive to go to a larger sign. Mr. Tucker answered that larger signs are more expensive, and he has
checked with E-911 representatives to make sure emergency responders can still read the smaller signs
at a proper rate of speed. However, he had some concerns about the smaller signs, also. He then
suggested that it might be better to have six inch signs in subdivisions where people are driving slower,
but perhaps the eight inch signs could still be used in rural areas where vehicles are traveling at a different
rate of speed. He next asked the Board members to give the staff some discretion with some of the minor
changes rather than having to bring everything back to them. Mr. Bowerman agreed that this was fine
with him. Ms. Thomas said she can't remember the Board's action on this matter. Mr. Tucker responded
that the action related to the adoption of the policy.
Ms. Thomas next wondered if the policy will give the staff the flexibility it desires. Mr. Tucker
answered affirmatively. He said if there is Board consensus to give the staff more flexibility, this will
become part of the policy.
Mr. Bowerman stated that he supports Ms. Thomas' remarks relating to keeping the eight inch
sign and, as seconder of the motion, he asked that the motion include the staffs discretion for minor
changes. Ms. Humphris agreed that her motion would include the appropriate change to the policy
relating to this item to allow staff discretion in minor changes relating to road signs and to keep eight inch
signs wherever necessary.
By the above shown vote, the Board approved the requested modification of the
existing Road Naming and Property Numbering Manual to require installation of 2-inch x 2-inch
x 9-foot metal posts with top and center mounted signs. The Board also approved the
requested change of the type of sign blade to an extruded blade with heights of 6 inches for
secondary roads and 9 inches for primary roads. The new design will be used for all new
installations and replacement of damaged signs. The Board also approved the proposed
"housekeeping" changes to the Road Naming and Property Numbering Manual. Staff has the
discretion to make changes in the size of the signs when necessary.
Item No. 12.5. Appropriation: Education, $49,810 (Form #98041).
At its meeting on November 9, 1998, the School Board approved the following appropriations.
Reappropriation of $2,000 for Woodbrook Elementary School. - Woodbrook Elementary School
received a donation in the amount of $2,000.00 from the Woodbrook PTO. This donation is to be
used to pay for work done on the courtyard at the school.
Appropriation of $2,000 for Stone Robinson Elementary School. - Stone Robinson Elementary
School received a donation in the amount of $2,000 from the Stone Robinson PTO. This donation
is to be used as payment for the purchase of Apple Emates for the school.
Appropriation of $2,250. - Albemarle County Schools received donations from Allied Concrete in
the amount of $500; Guaranty Bank in the amount of $250; Real Estate III in the amount of $500;
and Wachovia Bank in the amount of $1,000. These donations will help defray the cost of
expenses incurred for the Fall Professional Development Day held for teachers on October 9,
1998.
Appropriation of $560 from the Shenandoah Regional Migrant Education Program. - The
Shenandoah Regional Migrant Education Program reimbursed the Albemarle Regional Migrant
Education Program for salary paid Albemarle Migrant staff for services rendered during the
Virginia Migrant Leadership Institute held at Eastern Mennonite University from July 25 - 31, 1998.
Re-appropriation of $43,500.00. - The Monticello High School Driver's Education Program needs
to purchase three driver education vehicles. These purchases will be funded from the Community
Education fund carryover balance.
Staff recommends the Board of Supervisors approve Appropriation #98041 in the amount of
$49,810.00.
By the above shown vote, the Board adopted the following resolution of appropriation:
FISCAL YEAR: 98/99
NUMBER: 98041
FUND: SCHOOL/GRANT/COMM. ED.
PURPOSE OF APPROPRIATION: VARIOUS DONATIONS, MIGRANT GRANT AND DRIVER ED.
VEHICLES.
EXPENDITURE
CODE DESCRIPTION AMOUNT
January 6, 1999 (Regular Night Meeting)
(Page 12)
000205
1 2212 61101 601300
1 9000 61101 800707
1 2114 61311 580500
1 3103 61101 132100
1 3103 61101 210000
1 3300 61238 800500
ED/REC SUPPLIES
TECHNOLOGY-EQUIP
STAFF DEVELOPMENT
PIT WAGES-TEACHER
FICA
MOTOR VEHICLES
TOTAL
$2,000.00
2,000.00
2,250.00
517.16
42.84
43,000.00
$49,810.00
REVENUE
CO DE DESCRIPTION AMOUNT
2 2000 18100 181109
2 9000 18100 181109
2 2000 18100 181109
2 3103 18000 189900
2 3300 51000 510100
DONATION
DONATION
DONATION
SHEN. REG. MIGRANT PGM
COMM. ED. FUND BALANCE
TOTAL
$2,000.00
2,000.00
2,250.00
560.00
43,000.00
$49,810.00
Item No. 12.6. Appropriation: Education Grant, $56,616.05 (Form #98045).
At its meeting on July 27, 1998, the School Board approved the following aPpropriations:
Appropriation of $2,365.00 for Stony Point Elementary School. The Virginia Commission for the
Arts awarded Stony Point Elementary School a Virginia Commission for the Arts Artist-in
Education Residency Grant in the amount of $2,365.00. This project, African Culture:
Connections to America's Past, Present, and Future, will develop awareness of African arts that
have influenced culture in America. It will enhance existing arts by integrating the musical Arts,
visual arts and academic curricula.
Re-appropriation of the Technology Literacy Challenge Grant in the amount of $29,278.73 and the
reappropriation of the prior year fund balance in the amount of $195.01. At the January 12, 1998
meeting, the School Board accepted funds for the Technology Literacy Challenge Grant in the
amount of $39,861.28. Since this grant was not fully expended in the 1997-98 fiscal year and had
a prior year fund balance, it is requested that the grant funds be reappropriated for the 1998-99
fiscal year. The essential goal for this project is to provide teachers an opportunity for authentic
professional learning and development with respect to integrating technology into reading
instruction in grades 2-5.
Re-appropriation of Carl Perkins Vocational Grant Balance. The Carl Perkins Vocational Grant
was funded in the 1997-98 fiscal year. These funds were not fully expended and now have a
grant balance of $4,471.35. In addition, there was a prior year fund balance of $20,305.00. It is
requested that these grant funds be reappropriated for the 1998-99 fiscal year.
Staff recommends the Board of Supervisors approval the appropriations totaling $56,616.05, as
detailed on Appropriation #98045.
By the above shown vote, the Board adopted the following resolution of appropriation:
FISCAL YEAR: 98~99
NUMBER 98045
FUND: GRANT
PURPOSE OF APPROPRIATION:
FUNDING FOR COMMISION OF THE ARTS GRANT,
TECHNOLOGY LITERACY CHALLENGE GRANT, AND CARL
PERKINS GRANT.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 3104 60211 312500 PROF. SERV. INST. $2,365.00
1 3131 61311 160200 STIPENDS 20,000.00
1 3131 61311 152100 SUB. WAGES-TEACHER 876.00
1 3131 61311 210000 FICA 1,596.73
1 3131 61311 312500 PROF SERV. INST. 2,882.10
1 3131 61311 601300 INST. MATERIALS 4,118.91
1 3207 61190 580500 STAFF DEVELOPMENT 4,471.35
1 3207 60301 800100 MACH. & EQUIP 4,059.00
January 6, 1999 (Regular Night Meeting)
(Page 13)
1 3207 60302 800100
MACH. & EQUIP
000206
16,236.00
1 3207 60301 800100
MACH. & EQUIP 10.96
TOTAL $56,616.05
REVENUE
CODE DESCRIPTION AMOUNT
2 3104 24000 240322
2 3131 24000 240312
2 3131 51000 510100
2 3207 33000 330107
2 3207 51000 510100
COMM. OF THE ARTS-ST. POINT
TECH. LITERACY CHALLENGE GRANT
TECH. LITERACY CHALLENGE GRANT-FIB
CARL PERKINS GRANT
CARL PERKINS GRANT-FUND BALANCE
TOTAL
$2,365.00
29,278.73
195.01
4,471.35
20,305.96
$56,616.05
Item No. 12.7. Appropriation: ClP - Piedmont Regional Education Program (PREP),
$2,892,047.20 (Form #98046).
Based on the agreement made in FY 1997/98, the County contracted to construct a facility which
would be leased to the Piedmont Regional Education Program (PREP). This project is anticipated to cost
$3,000,000 which was funded by issuance of VPSA bonds. Expenses incurred in FY 1997/98 totaled
$107,952.80, leaving a balance of $2,892,047.20.
Staff recommends the Board of Supervisors approval of the attached appropriation #98046, in the
amount of $2,892,047.20.
By the above shown vote, the Board adopted the following resolution of appropriation:
FISCAL YEAR: 98~99
NUMBER: 98046
FUND: CIP-PREP
PURPOSE OF APPROPRIATION: REAPPROPRIATION FOR CONSTRUCTION OF PREP BUILDING.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 9810 61194 312350
1 9810 61194 800200
1 9810 61194 800605
1 9810 61194 800982
1 9810 61194 929000
1 9810 61194 999999
ENGINEERING/PLANNING
FURNITURE/FIXTURES
CONSTRUCTION
SITE TESTING
INTEREST-TEMP. LOAN
CONTINGENCY
TOTAL
$107,631.20
151,000.00
2,504,200.00
25,000.00
5,000.00
99,216.00
$2,892,047.20
REVENUE
CODE DESCRIPTION AMOUNT
2 9810 41000 410313 VPSA BOND PROCEEDS $2,892,047.20
TOTAL $2,892,047.20
Item No. 12.8. Appropriation: Contribution Fund, $1,087 (Form #98047).
The County is currently holding $1,087.00 received as donations over the last several years. This
amount is made up by the following:
Albemarle Rotary Club
This amount was donated to be used by the After-school
Program. This request will authorize a transfer to that
Program.
$ 500.00
Yancey Community Fund
Several years ago, County Departments donated funds
for skating equipment to be used at Yancey School.
This remaining balance will be used to purchase
additional knee and elbow pads.
$ 245.00
Garden Club
Funds were donated for trees at Towe Park. The trees
were initially paid for with County funds. This amount
will be used to reimburse the County.
$ 342.00
000207
January 6, 1999 (Regular Night Meeting)
(Page 14)
Staff recommends the Board of Supervisors approve the appropriation in the amount of $1,087.00
from donated funds as detailed on appropriation #98047.
By the above shown vote, the Board adopted the following resolution of appropriation:
FISCAL YEAR: 98/99
NUMBER 98O47
FUND: CONTRIBUTION
PURPOSE OF APPROPRIATION: DISBURSEMENT OF BALANCES IN THE CONTRIBUTION FUND.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 8405 90910 999804
1 8405 90910 999805
1 8405 90910 939999
ALB. ROTARY CLUB
YANCEY COMMUNITY FUND
TRANSFER TO OTHER FUNDS
TOTAL
REVENUE
CODE DESCRIPTION AMOUNT
$500.00
245.00
342.00
$1,087.00
2 8405 51000 510100 FUND BALANCE $1,087.00
TOTAL $1,087.00
Item No. 12.9. Appropriation: Various School Funds, $73,882 (Form #98048).
At its meeting on November 23, 1998, the School Board approved several appropriation for
various school grants and donations.
Appropriation of $2,500.00 for Henley Middle School. Henley Middle School received a donation
in the amount of $2,500.00 from the Henley PATSO. This donation is to be used to fund staff for
an open community Library Night and At-Risk After School Tutorial Program at Henley Middle
School. The After School Tutorial Program is each day after school, Monday through Friday. The
Media Center will be open each Wednesday night from 5:30 - 7:30.
Appropriation of $100.00 for Stone Robinson Elementary School. Stone Robinson Elementary
School received a donation in the amount of $100.00. This donation is to be used to purchase art
supplies for the Art Department.
Appropriation of $3,830.00. Albemarle County Schools received donations from local businesses
and individuals for the Monticello High School Dedication. These donations will be used to help
defray the costs for this event.
Appropriation of $2,500.00 from the Whitney and Anne Stone Foundation. The Whitney and Anne
Stone Foundation awarded Henley Middle School a grant in the amount of $2,500.00. This grant
will fund the pilot reading program, Direct Reading Instruction. The Wilson Reading System, a
direct instruction method which teaches students the structure of words and language through a
sequenced, twelve-step program, will be used with special education students who are reading in
the primary level.
Appropriation of $50,000.00 from the Virginia Department of Education. The Virginia Department
of Education awarded Albemarle County Schools a Technology Literacy Challenge Grant in the
amount of $50,000.00. The essential goal for this project is to provide teachers an opportunity for
authentic, professional learning and development with respect to integrating technology across
the curriculum.
Appropriation of $14,952.00. The Virginia Board for People with Disabilities and the Virginia
Department of Education awarded Albemarle County Schools a grant in the amount of $14,952.00
for the FY 98-99 school year. This grant will fund the Program for Seamless Transition (POST).
The POST program is to secure the competitive employment of nine Mildly Mentally Disabled
(MIMD) high school students using three part-time job coaches to work on specific areas of need
in the school and competitive work settings.
Staff recommends the Board of Supervisor approve the appropriations totaling $73,882.00 as
detailed on appropriation #98048.
By the above shown vote, the Board adopted the following resolution of appropriation:
January 6, 1999 (Regular Night Meeting)
(Page 15)
FISCAL YEAR: 98~99
NUMBER 98048
FUND: VARIOUS
OOO2,
PURPOSE OF APPROPRIATION: FUNDING FOR VARIOUS SCHOOL GRANTS AND DONATIONS.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 2252 61101 160300 INSTR. STIPEND $2,308.00
I 2252 61101 210000 FICA 192.00
1 2210 61101 601300 INST/REC SUPPLIES 100.00
1 2430 62150 580000 MISC. EXPENSES 3,830.00
1 3104 60252 601300 INST/REC SUPPLIES 2,500.00
1 3131 61311 312500 PROF. SERV.-INSTR 34,000.00
1 3131 6131 t 601300 INSTR/REC SUPPLIES 16,000.00
1 3136 61102 138100 P/T WAGES-TEACHER 13,808.17
1 3136 61102 210000 FICA 1,143.83
TOTAL $73,882.00
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 18100 181109
2 2000 18100 181109
2 2000 18100 181109
2 3104 18000 181228
2 3131 24000 240312
2 3136 24000 240325
DONATIONS
DONATIONS
DONATIONS
WHITNEY/ANNE STONE GRANT
TECH. CHANLLENGE GRANT
SEAMLESS TRANSITION GRANT
TOTAL
$2,500.00
100.00
3,830.00
2,50O.OO
50,000.00
14,952.00
$73,882.00
Item No. 12.10.
received for information.
Update on Department of Social Services' Family Support Program, was
At the Board's June 17th meeting, the Board approved the development of a pilot program
within the Department of Social Services called the Family Support Program. This early intervention
program, which works with targeted children and families in the County's 15 elementary schools, is
totally funded with Federal dollars through Title IV of the Social Security Act. The Board requested that
staff return in six months with an update on the success of the program.
Although the program officially began in July, the actual implementation of the program has
been slower than anticipated for a number of reasons, i.e., contract negotiations with the state,
advertising requirements, hiring committee availability, etc. At this time, the program has 4 full-time
staff members, the Program Coordinator, 2 Senior Family Support workers and 1 Office Assistant. The
Family support Program Coordinator, Charity Haines was hired in mid-October and oversaw the hiring
process for the other three staff members who were hired in late November and early December. The
Coordinator is currently interviewing for 7 full-time Family Support Workers to be based at the 15
elementary schools. We anticipate that the seven workers wile be on the job by early February.
Since October, the Coordinator has met with all the elementary school principals to discuss the
program and solicit input on the needs of each individual school. She has also developed an
orientation and training program for the new Family Support Workers using resources from DSS,
Region Ten, Project Link, the Schools and the University of Virginia. Staff has also been developing
the necessary tools to implement the program, i.e. referral forms, information sheets, record-keeping
practices, confidentiality forms, parent involvement logs in order to insure program documentation and
on-going program evaluation.
The two Senior Family Workers, who will act as team leaders for the other Family Support
Workers, are working at Greer and Cale elementary schools. They are accepting referrals from the
teachers and other community agencies and have begun to work with those identified children and their
families. The criteria for child referrals include emotional and behavioral problems, developmental
delays, truancy, habitual tardiness, changes in school performance and behavior, and observed
depression. The criteria for selecting families are domestic violence, substance abuse, chronic illness,
limited education, illiteracy, single parents, young parents and poverty.
January 6, 1999 (Regular Night Meeting)
(Page 16)
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Although the program is being successfully, albeit slowly, implemented, it is too soon at this
point to evaluate the success of the program. Evaluation criteria are being determined now and we
are hoping to contract with the University to develop and conduct an annual objective assessment of
the program and its outcomes over time. These evaluations will be used to provide direction for the
program, as well as regular updates to the Board and the community on the success of the program.
This is presented to the Board for information only and does not require any action at this time. A
more complete update and evaluation will be presented to the Board at the end of the fiscal year.
Item No. 12.11. Arbor Crest Apartments (Hydraulic Road Apts.) Monthly Bond and Progress
Report for the month of November, 1998, was received for information.
Item No. 12.12. Memorandum dated December 11, 1998, from David B. Benish, Chief of
Community Development, to Robert W. Tucker, Jr., County Executive, re: CPA-98-02 - Dunlora South,
was received for information.
The Planning Commission, at it's meeting on December 8, 1998, unanimously approved the
following: (1) to serve the public necessity, convenience, general welfare or good zoning practice, the
Planning Commission adopts this Resolution of Intent to consider amendment of the Comprehensive Plan,
Land Use Plan as follows: to review all Land Use Plan objectives, guidelines, standards and other
recommendations as they related to the provision of mixed use (mix of commercial/office and residential)
developments; and (2) to serve the public necessity, convenience, general welfare or good zoning
practice, the Planning Commission adopts this Resolution of Intent to consider a zoning text amendment
to amend the Planned Development provisions, particularly the Planned Unit Development (PUD)
provisions, to allow for easier applicability to smaller sites.
Item No. 12.13. Notice of application filed with the State Corporation Commission, re: Case No.
PUE980813, Ex parte: In the matter of considering an electricity retail access pilot program -Virginia
Electric and Power Company, was received for information.
Item No. 12.14. Copy of minutes of the Albemarle-Charlottesville Jail Authority Board meeting of
October 8, 1998, was received for information.
Item No. 12.15. October 1998, Financial Report, was received for information.
Agenda Item No. 13. Transportation Matters.
Ms. Angela Tucker, Resident Highway Engineer, stated that she has no updates to report to the
Board today, but there are several outstanding issues that will be addressed in writing prior to the next
month's day Board meeting. She is prepared to take other transportation concerns today.
Mr. Tucker asked for a report sometime in the near future as far as what VDoT is doing with
regard to the Y2K issue in terms of the chips in traffic signalization. This information might be helpful to
the Board. The County already has an internal plan, but a broader plan is being considered for the
community, and transportation and signalization will fit into this broader plan.
Ms. Tucker replied that the Y2K issue is being addressed by VDoT, but she can't talk about the
specifics of the plan. She would look for details that can be shared with County officials.
Mr. Martin remarked that the signalization on Route 29 North worked well this morning. He drove
all the way through town and got to Hydraulic Road before he had to stop for a red light.
Mr. Marshall asked if the surveyors, who are working along Route 20 South between Route 53
and the entrance to Monticello High School, are with VDoT. Progress is being made with the widening of
Route 20, and he wondered if Ms. Tucker has any information on this project.
Ms. Tucker answered that the survey assignments are made out of the Culpeper Transportation
Office, but she assumes the work has to do with the four laning of Route 20 to the Monticello High School
road. She will confirm this information.
Mr. Marshall asked if there is any way he can obtain information on the location of this road. He
noted that there is a person who owns a bed and breakfast business in that area who is concerned.
January 6, 1999 (Regular Night Meeting)
(Page 17)
0002 0
Ms. Tucker replied that VDoT is still some time away fron~ that degree of detail, but when the road
is in a 30 percent complete design stage, it can be shared with property owners.
Ms. Thomas mentioned the issue of Dick Woods Road, west of 1-64, and how impossible it is for
trucks of more than two axles to maneuver. She suggested that a truck advisory be posted so trucks
coming from either direction on 1-64 and going west on Dick Woods Road would be informed of the
conditions. She remarked that this problem has been discussed before. She said approaching Ivy or
approaching Route 250 West involves a sharper than 90 degree turn, and trucks topple over rather than
making these turns. This is not a popular truck route, but whenever it happens, it disrupts things for a long
time.
Ms. Tucker answered that she realizes this is an outstanding issue, and she will look into getting a
response to the situation. She believes some of the structures through that section of road are already
posted, but she will try to get something resolved.
Ms. Thomas stated that she does not think the structures are posted, although there are warnings
about the fact that vehicles are approaching a bridge with a certain weight limit. These are the only signs
along that road.
Ms. Humphris recalled that when Dan Roosevelt was Resident Engineer for VDoT he wrote the
County a letter about a new program VDoT had announced which was a cooperative landscaping initiative
on entries to communities. He stated in this letter that the Barracks Road median was the one being
discussed prior to this announcement, and if there was local interest in this program for Barracks Road or
some other entry to the urban area, County officials should let VDoT representatives know about it. She
wondered if the Gateway Program has ever been heard from again, or if it has another name. This was
the only communication the Board ever received.
Ms. Tucker stated that she is familiar with the introduction of this particular program, but she has
heard nothing since then, so she will have to check into the matter.
Ms. Humphris suggested that it would be interesting to know why the program was not successful
if that is the case, or if it is incorporated in another program by another name. The letter from Mr.
Roosevelt is dated April 19, 1994.
Next, Ms. Humphris mentioned that several letters have been received about road rage and
irresponsible drivers who endanger other people's lives as well as their own. This subject has been
discussed by the Board of Supervisors on several occasions. She then recalled a conversation she had
with a man who has had some bad experiences in the Buck Island area where he lives, as far as people
driving too close to the back of his car, etc. There have been some recent discussions about using
cameras at busy intersections, and she noticed in the Daily Progress that this is becoming more and more
a reality at the end of the pilot programs being held in Northern Virginia. She wants this Board to do
everything it can to try to implement such a program here, at least at the three major intersections, even if
Albemarle County needs to be part of a pilot program for less urban areas than Fairfax, etc. She
remarked that other things have been tried, such as selective enforcement, etc., but it is difficult and
dangerous to do, and cameras would seem to be a very positive solution to this situation.
She then mentioned a dangerous situation when traffic is traveling eastbound on the Route 250
Bypass, and it goes down the ramp to Barracks Road. She added that the first person in line will
frequently pull out after the light has turned red. She noted that people traveling from west to east on
Barracks Road don't have time to stop for a person who suddenly appears because they are going
downhill. This situation happens all the time, and she suggested that some smaller selective enforcement
spots be picked which are not the usual ones.
Mr. Bowerman said selective enforcement should be mobile. Ms. Humphris agreed, and she
suggested that perhaps some of the grant money approved last month by this Board could be used for
such programs. Mr. Bowerman stated that the County would have to receive authorization to use this
money for the programs. Ms. Humphris commented that she believes these dangerous situations are
growing instead of decreasing.
Mr. Bowerman remarked that Albemarle County needs to be included in the pilot program.
Ms. Tucker responded that she will discuss this matter with VDoT's Traffic Engineer and see what
information is available from the Fairfax area.
January 6, 1999 (Regular Night Meeting)
(Page 18)
000Z:1.'1
Agenda Item No. 14. Request to set a public hearing to amend the service area boundaries of the
Albemarle County Service Authority to extend water service to GOCO Oil (TM79, P18), located on Route
250 East, at Shadwell.
Mr. David Benish, Chief of Community Development, reported that the GOCO Oil Company is
requesting Jurisdictional Area designation for water service to the GOCO Oil gas station at Shadwell. He
noted that the 1.02 acre parcel is located on the north side of Route 250 East, close to the intersection of
Route 729. The request for water service is a result of contamination of the well serving this site with a
gasoline additive, Methyl Tertiary Butyl Ether (MTBE). This Board denied a similar request on March 3,
1993, because an alternative site for another well was available. Now, the new well is contaminated and a
letter from the Virginia Department of Environmental Quality (DEQ), which is Attachment B, confirms the
existence of petroleum within the existing water supply.
Mr. Bowerman inquired if the pollution is from on site contamination. Mr. Benish responded that it
appears it is contamination that occurred from the above ground storage tank in previous years.
Apparently the contamination of this well is from the old contamination of the previous well that has been
drawn into the new well. As the letter from DEQ indicates, it does not appear to be a new spill of
contamination but more of a movement of the old contamination.
Ms. Thomas said this is actually a plume of contaminated ground water, which is a very serious
situation, and she wondered where else the contamination will spread.
Mr. Marshall commented that it affects the whole area, and he does not remember when there
was not an oil company located in that spot. He recalled that Grymes Oil Company had a wholesale
distributorship there in the 1940s. He reiterated that in his lifetime something of this nature has always
been there. This land has been contaminated for many years.
Mr. Perkins inquired if the residents' wells in that area have been tested. Mr. Benish said other
wells were tested in 1993, but this testing was a result of other testing in the surrounding area. However,
the Authority has not received information on other sites as yet. The information will be forthcoming from
DEQ and the Health Department as this review moves forward. He referred to the last paragraph in
Attachment B which indicates that there is no new petroleum release at this time. This is an old release
that is floating around.
Mr. Bowerman stated that this does not mean the contamination can't leave the site. Mr. Benish
said the contamination can leave the site, but it does not appear to be a new contamination.
Ms. Humphris mentioned her concern as to who will be responsible for looking into the whole
existing problem on this property, as well as the adjoining properties. Mr. Benish responded that he will
check with DEQ and the Health Department to get an answer to Ms. Humphris' concern. Mr. Marshall
remarked that he is already working with the Health Department on this matter. Mr. Bowerman stated that
this situation could involve remediation.
Ms. Thomas inquired if there are neighbors who have contaminated wells. Mr. Marshall answered
affirmatively. One of the complaints has come from Becki Critzer, a County employee. Mr. Benish said
this is an increasing issue, and the Authority has been made aware of a possible contamination from
another country store which sells gas.
Ms. Thomas referred to a place near Red Hill Elementary School where a number of families are
on special filtration devices. These people can't get any long term commitment from DEQ, and their
houses are not saleable because of this problem. It appears a whole region is going to be involved, or
either a major number of connections will have to be made to a line which is supposed to have its capacity
reserved in case there was another public school in the area, for example. This strikes her as a much
bigger issue than is currently in front of this Board. Mr. Benish agreed that there is a larger issue involved.
Mr. Bowerman reiterated that this issue is closely tied to plans for remediation. He explained that
it would be similar to plans for the landfill which are to pump water out, draw the plume back and then treat
the water.
Ms. Humphris wondered about the order in which these things should be handled, since the
extent of the problem is not known at this point. If the Board members act on this issue, they would be
doing it in a piecemeal fashion. They may make the wrong decision because they don't know the whole
situation.
Mr. Martin referred to the fact that Mr. Marshall said the Health Department is already involved in
the matter. Mr. Marshall answered affirmatively. He said neighbors from the area have been complaining
that their wells are contaminated, but the contamination was done many years ago. Mr. Martin said the
contamination is obviously off site, as well. Mr. Marshall agreed.
Ms. Humphris concurred with Ms. Thomas' comments as far as whether public water is just being
extended to existing buildings on this one site or whether it will have to be extended to other properties.
Ms. Humphris emphasized that the Board members need to know this, before a decision is made. Mr.
Marshall said this is a good point.
January 6, 1999 (Regular Night Meeting)
(Page 19)
Mr. Perkins noted that the requests will have to be examined on an individual basis, unless a lot of
extensive testing is done, which would be very expensive. The plume is probably moving toward the river,
but this is not a fact, because nobody knows that much about the groundwater. Mr. Tucker agreed. He
said also that the extent of how far the contamination has moved is still unknown.
Ms. Humphris pointed out that Mr. Marshall has indicated that other properties are affected. Mr.
Tucker said this is true. However, the extent is still unknown. The Board members have raised these
questions, and staff also has concerns. The staff will ask DEQ and the Health Department to give the
County officials the extent of the testing that has already been done. He does not know how many units
are in and around that area. It will need to be known what analysis has been done to determine the extent
of this plume and in which direction it is moving. These determinations can be made fairly easily, and he
is unsure if this type of analysis has been done. The staff needs to find these answers.
Ms. Thomas stated that she thinks it is fine to go to public hearing as long as a sufficient length of
time is involved. She said it would be helpful if DEQ and the Health Department could have someone
present, or at least a report available, as to rate and extent of contamination as best they can determine.
She again referred to the Red Hill incident, and said DEQ knew about the plume but the Health
Department did not, which meant the landowners did not. There was a lack of communication. She
suggested that it would be worthwhile if this public hearing could be used as a way to get everybody into
the room for discussion.
Mr. Martin said it seems to him that it would be a good idea to set a time for the public hearing.
He asked the owner of the property if he would like to make some remarks, although he noted that it is
unusual to allow the applicant or owner to speak at this time.
Mr. Harry Montague, from GOCO Oil Company, stated that the site has been used as a petroleum
store for approximately 50 years. He said some time ago the well got contaminated, and GOCO was only
using it to flush the toilet. In 1989, the County Fire Marshal reported the site to the DEQ. In 1989 and
1990, a full-blown study was done on the site which cost approximately $15,000 and the findings were
reported to the DEQ. It was the opinion of the DEQ, as well as GOCO's consultant, that there is no free
product on the site and there is no major contamination, but there is some ground water contamination.
He said it was their opinion there was no risk of the contamination leaving the site, but they suggested that
an alternate source of water be found. He remarked that when the water line was put into place in that
area in 1993, application was made to be connected, but the request was denied. The applicant was
asked to try to drill a well, and if there was a contamination problem with the new well, he could reapply for
water service. He noted that the well was drilled in 1994, and it was tested by GOCO's consultant, and
the Water tested fine. However, in July of 1998, an adjacent landowner wanted to develop his site and
wanted to attach to the County water line, and he sent someone from DEQ to sample GOCO's water. The
person from DEQ indicated he knew the situation, but since the DEQ had been contacted, he would have
to test the water. He said most of the test was okay, but he did find some MTBE contamination which is
an additive for which GOCO had not tested before. It is this man's opinion that the contamination was
probably already there when the well was first tested. He does not think the contamination is moving, but
he would prefer for GOCO to discontinue use of the well and attach to the water line. He emphasized that
neither the DEQ representative nor GOCO's consultant think the contamination is going off site, and DEQ
has closed the case on it. He said DEQ is comfortable with its findings, but they don't want GOCO to use
the well because of the MTBE contamination. He has all of the back-up paperwork on this issue, and he
will be glad to answer questions.
At this time, Ms. Thomas made a motion to set a public hearing for March 3, 1999, on a request
to amend the service area boundaries of the Albemarle County Service Authority to extend water service
to GOCO Oil (TM79,P18), located on Route 250 East at Shadwell.
Mr. Perkins seconded the motion. He noted, for the record, that the site is located next to the
CSX Railroad rather than the Norfolk Southern Railroad as mentioned in the Executive Summary.
Mr. Bowerman asked when the information on this issue will be available to the Supervisors. Mr.
Tucker responded that the staff will attempt to have the information ready in a month, but it will depend on
how much information can be gathered in that length of time.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, 'Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 15. Presentation: Five Year Forecast and Financial Condition.
Ms. Roxanne White, Assistant County Executive, said the County's financial management policies
recommend that a financial trend monitoring system be updated annually, and that a long range financial
forecast should also be done. This year it was decided to put these two reports together. The financial
condition report is the County's third report and the same financial trend indicators were used that have
been used previously, and they were developed by the International City Managers Association. The
000,2Z3
January 6, 1999 (Regular Night Meeting)
(Page 20)
purpose of this report is to give the Supervisors a general overview of the County's financial health as
seen through these financial indicators.
She explained that she would not go over any specific indicators, but in summary to show the
County's financial position, all the indicators are very positive. The revenue indicators note that over the
past five years there has been a very good growing revenue base despite the fact that there has been a
level tax rate and decreasing reassessment rate increases. She added that although the tax base has
been steadily growing, indicators have also shown that the County's tax base is becoming a little less
diverse and less flexible. The flexibility issue relates to the restricted revenues which are revenues that
can only be used for a very specific purpose or program. Since 1993 the share of restricted revenues has
grown in relationship to the total revenue picture. She noted that restricted revenues grew from approxi-
mately 18 percent to approximately 25 percent with most of this occurring in central services, as well as
criminal justice and juvenile justice. These revenues have come in the form of federal and state grants,
and they are only used for specific purposes, so they are not revenues that can be accessed for anything
else. The revenue indicators show that the revenues are becoming a little less diversified, and that is
because the property tax revenues are also accounting for a larger share of the total revenue picture.
Since FY 1998, property taxes have increased from approximately 40 percent to almost 43 percent of the
total revenues. The state and federal revenues have also increased which has been seen in some of the
budget presentations. Since 1993, state and federal revenues have dropped from approximately 35
percent to about 30 percent of total revenues. This is a significant five percent drop which relates solely to
the school division.
On the expenditure side, Ms. White reported that the growth in per capita expenditures has
remained below what can be seen as increases in residents' incomes. Again it can be seen that the major
expenditure of growth has really occurred in Social Services, Public Safety and Juvenile Justice which is a
result of the restricted revenues. She said basically it is expenditure growth. She noted that the number
of employees per capita has grown only by about 2.4 FTEs since FY 1993 with most of this being in the
school division for teachers, bus drivers and cafeteria workers. The number of general government
employees grew only from approximately 5.1 FTEs to 5.3 FTEs so there is a .2 FTE employee increase
per capita. She stated that 75 percent of the .2 percent increase has been with police and firefighters.
The debt indicators still show that the County is below the maximum levels that were set in both
debt per capita which is the debt in the estimated market value of property and also debt as a percentage
of the general fund. However, the long term debt levels in the report show debt per capita increasing from
$558 per capita in FY 1993 to $814 per capita in FY 1999 which is an increase of approximately 46
percent. The majority of the growth in debt is attributed to Sutherland Middle School and Monticello High
School. She noted that capital outlay increased from approximately two percent in FY 1993 to three
percent for FY 1996-97 and 1998 which is the target that was set. This decreased to 2.1 percent in FY
1999 which is the result of the operating budget shortfalls last year, and the capital transfer was reduced.
The demographic profile shows an increase in both the overall population growth and the enrollment
growth by approximately 2.3 percent for both those factors. She pointed out that the real per capita
incomes for County residents increased by approximately ten percent or about 2.6 per year, and the
number of people living in poverty has decreased. Unemployment has gone from about four percent in FY
1993 to 1.8 percent in FY 1998. There has been a substantial increase in the level of business activity
which is seen in retail sales, and the tax revenues per capita have increased.
Ms. White remarked that this report shows the County is in good financial health, and there are
only several trends which stand out that should be considered just because they may be the type of trends
which are going to stress the County's future resources. They are the reliance on property taxes, the
declining rate of reassessment values, the declining state and federal funding for education, increasing
levels of the long term debt, as well as debt service, and the continued population and enrollment growth.
The trends can be seen in this report and these are the factors that will need to be considered because
they will influence the County's resources availability.
Mr. Marshall asked if Ms. White said the assessment values of property was decreasing. Ms.
White responded that the rate of increase has decreased. Mr. Tucker explained that there has always
been an increase in property taxes, but the rate of increase has gone down. Mr. Marshall asked if the
County is now at 97 percent of assessed value. Ms. Thomas replied that this is a different thing. The 97
percent refers to how accurate the County is at its assessing, but even at accuracy, real estate assess-
ments were increasing 20 percent every two years a few years ago, and now they are going up two
percent every two years. Mr. Marshall stated that there has been a tremendous increase in property
values, but they have leveled off considerably in the 1990s. He then asked what the recent reassess-
ments of the County represent. Ms. White answered that initially the projections were that there would be
an approximate two and one-half percent average increase. She went on to say a report is forthcoming
next week showing the projected reassessment rate at approximately three and one-half percent. Mr.
Marshall inquired as to the dollar figure represented by this projection. Ms. White replied that the extra
one percent is approximately $400,000.
Mr. Bowerman wondered if these numbers have been built into the scenario given to the Board
today. Mr. Tucker answered that these numbers are not included in the report. The Supervisors will
receive another report to this effect in February, because there are other revenues besides real estate to
be considered.
January 6, 1999 (Regular Night Meeting)
(Page 21 )
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Mr. Bowerman called attention to the analysis on Page 11 relating to revenues per capita. It
shows the revenues per capita increasing, although there is a decreasing rate. He then referred to the
warning trend of decreasing net operating revenues per capita in constant dollars. This is a trend, but it is
not what the staff discovered. Ms. White answered affirmatively.
Next, Mr. Bowerman said he understands the increase in general government in terms of full time
equivalents. However, if the school age population is increasing at the same rate as the population, he is
confused as to why the full time equivalents did not increase greater in the school system than in general
government. Mr. Martin said new schools are being opened. Mr. Bowerman pointed out, though, that
there is more population. Mr. Martin stated that when new schools are opened, they are not full, and the
classrooms have a teacher, but possibly not as many students as are generally in a classroom.
Ms. White said this is one of the ways budgeting is done. When the school division has an
enrollment growth, additional teachers are automatically hired. However, when general government
grows, services are first extended and then adjustments are made. Mr. Tucker commented that when it
comes to the Police Department, the County has tried to keep it up to standard.
Mr. Bowerman said even though new teachers and buses, etc., are being added, the population
has also gone up at the same rate as the enrollment so it appears to him that the full time equivalent
should be the same. Mr. Martin reiterated that this happens when new schools are open because the
figures will show more teachers per student for a period of time.
Ms. Thomas referred to the bottom of Page 25 where it states that almost all of the 5.7 percent
overall increase in school division expenditures reflects increased operational costs. She had thought it
would be partially debt payment costs, but it has actually decreased.
Mr. Bowerman then asked that these items be pulled from the report for further explanation. He
understands general government policies, but he would like to know what School Board policies there are
and why state guidelines have indicated a faster rate for FTEs than the population increase. Mr. Perkins
mentioned the decline in the student-teacher ratio which has been an emphasis for the School Board. Mr.
Bowerman stated that he would like to be able to qualify the measures that have caused this to happen.
Mr. Perkins also mentioned the fact that there are lots of special federal and state programs that are
mandated. Ms. White explained that when population increases, such ratios are not usually seen in
general government projections. Mr. Bowerman stated that he would like to have the state regulations
and local School Board policies which result in the increase in full time equivalents just so he can
understand it. Mr. Tucker said he thinks Mr. Bowerman generally understands the reason for this, but the
staff can outline it.
(Mr. Martin and Mr. Marshall left at 10:18 a.m.)
Ms. Thomas commented that the County's budget has increased by approximately $27 each year
per capita for the last six years. This includes state, federal and local monies, and it is also taking inflation
into account. She found this a useful figure, and she was able to understand the situation better. She
added that the value of this figure needs to be considered. Ms. White remarked that as far as general
government is concerned, significant increases happen in the federal and state revenues for social
services, juvenile justice and criminal justice.
Mr. Bowerman mentioned the Governor's and Legislators' plans for some potential changes. He
said local government committees are looking at the whole structure of taxes, and all of these things are
critical components of this issue.
(Mr. Marshall returned at 10:22 a.m.)
Ms. White next discussed the Five Year Financial Forecast. The purpose of this report is give the
Supervisors a preliminary view of the projected revenues and expenditures for the next five years. This is
a way to help weigh the impact of some of the decisions that need to be made on service levels and
budget allocations. One of the things stressed several times in this report is that the forecast is not meant
to show that this is what the County budget will look like over the next five years. It is only based on what
is known at this time which are the revenues projected by the Department of Finance in October. These
revenues can change from October to February, but they are the best projection of what is available now.
They are always subject to change, particularly if there are changes in the economy as well as state and
federal revenues. She remarked that it is also believed that these revenue estimates are conservative. It
has been assumed that school division revenues will increase by four percent a year based on historical
trends, but there is no guarantee that this won't change, based on some legislative decisions or a change
in the Composite Index.
The expenditure projections are based on a combined factor of projected inflation and growth rate,
and these are applied to general government and school operations plus what is planned in the County's
five year CIP as far as Debt Service, Capital Outlay and Revenue Sharing. She went on to say the
average combined rate of growth for general government, using this type of index, is approximately 4.6
percent average annual increase. For the school division, the average annual combined rate of growth
over the five year period is approximately four percent. The budget is usually not done in this manner,
and the combined rates of growth and inflation are not considered, because oftentimes the budget is either
0002 5
January 6, 1999 (Regular Night Meeting)
(Page 22)
level funded or some of the operations are minimally funded. She explained that the staff does not apply
the growth and inflation factor when the budget is done, but they actually look at the revenues at the time.
She emphasized that the forecast is a lot different than what is done with the actual budgeting process.
This forecast is done by taking the combined rate of inflation and growth, and it is just a way of showing
how it would look if the County were to try to keep within growth and inflation.
Ms. White continued her presentation by explaining that using these revenue and expenditure
assumptions, the financial forecast presents four different scenarios. She referred to the first scenario on
Page 62 of the report which is shown with the general fund revenues without the intergovernmental school
revenues, so the transfer to the school division is the only thing being considered. This scenario
assumes that general government operations will increase at approximately 4.2 percent which is slightly
below the average of 4.6 percent. She noted that the school division transfer increases by approximately
3.6 percent, which is slightly lower than what would be needed for the combined rate of inflation and
growth at four percent. She explained that this first scenario shows how expenditures are balanced to
revenue resources with just a slightly lower rate in population and growth.
(Mr. Martin returned at 10:25 a.m.)
Ms. White then referred to the second scenario on Page 63 of the report which shows the total
County budget. In this scenario all of the intergovernmental school division revenues have been included,
and an approximate four percent increase has been projected. She noted that the expenditures are
expected to increase by about 4.6 percent average increase for general government and about four
percent per year for the school division. The non-departmental expenditures remain the same such as the
capital transfer and the debt service. When these combined rates in inflation and growth are used, it
shows that there will be a shortfall of revenues for those needed expenditures by approximately
$8,200,000 over the five year period. However, this does not imply that the budget is imbalanced because
there are several ways considered in the report showing how this shortfall can be addressed. The
expenditure growth could be reduced to a rate slightly less than inflation and growth and another is to limit
the growth and debt service or the capital outlay on the revenue side. Consideration can be given to
increasing some of the County's revenue fees, and other revenue sources can be considered, as well as a
property rate increase.
Next, Ms. White called attention to the third scenario on Page 64 which involves the same total
County budget, but this one includes what is projected as the operating costs associated with capital
projects in the current approved CIP. She mentioned that when the additional expenditures are included
there is an imbalance of approximately $15,900,000 over the five year period. She pointed out that the
major cost associated with capital projects are in general government's nine firefighters over the five year
period to staff the new fire/rescue facility. There are also some maintenance costs associated with
increased athletic fields and parks and a new operating cost for the juvenile detention facility. The
additional operating costs for the school division associated with capital projects involve the cost of
opening the new northern elementary school, additional instructional technology, staffing to support
computer hardware in the schools and some other additional operating costs associated with some of the
expanded school facilities. When these are added in the projected costs, the imbalance of $15,900,000 is
shown. She then mentioned that ways to address this shortfall, other than what has been mentioned
previously, are to defer or spread out some of the capital projects so all of these costs are not incurred at
one time. Another way is to assume some of the costs in department budgets, which is often done. She
explained that it is now done with the Parks and Recreation budget, as well as Information Services.
Increased costs are projected, but they are not always budgeted. She added that this cannot be done
indefinitely, though, because the services will outweigh the resources within that department. She pointed
out also that this becomes difficult to do when a new facility, such as a school, juvenile detention facility or
a fire and rescue station is being openedl It is hard to absorb these costs because they are additional
costs that need to be considered.
Ms. White then discussed the fourth scenario on Page 65. The third scenario was used for this
example including the capital operating costs and adding the additional revenues that were proposed in
the Governor's budget. This scenario shows the expectation that additional revenues will be forthcoming.
In May of 1999 these revenues should amount to approximately $1,000,000 in additional share revenues
and $1,400,000 in additional school revenues, and they have been built into the scenario. She noted that
this brings the imbalance down over the five year period to approximately $4,100,000. If the $1,400,000
that is proposed for the school division in the current year is put into some of the one time projects in the
CIP, the cumulative deficit could be reduced to approximately $2,700,000. She said when all of this is
considered, over a five year period, this is a relatively small deficit particularly when the fluctuation of
revenues and expenditures are considered. She remarked that in this scenario, general government's
deficit is approximately $1,000,000, which could be absorbed by a reduction in expenditures or by some
expanded revenues. The remaining $3,100,000 deficit is in the school division, which is more difficult to
address, because it probably reflects the operating costs of opening up the new northern elementary
school. She reiterated that this does not mean the future County budgets will be unbalanced, because the
scenarios are meant to give the Supervisors a picture of how the County budget would look if the County
tried to keep expenditures within growth and inflation plus the additional operating costs for capital
projects. She then pointed out that the scenarios do not include some of the capital projects seen in the
capital requests, such as the courthouse complex, the southern elementary school, public safety facility or
any other potential facilities that may be seen in future CIPs. There is not a significant imbalance shown
at the end of five years in this scenario, but it shows that there will be a deficit.
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January 6, 1999 (Regular Night Meeting)
(Page 23)
Mr. Bowerman noted that there is $11,000,000 for capital projects which has been left out of
Board discussions. Ms. White responded that the capital projects to which Mr. Bowerman refers'ed are not
included in these scenarios. These scenarios represent projects which have actually been approved to
date. Mr. Bowerman wondered if the different scenarios had been done previously. Mr. Tucker answered
affirmatively. The thing Ms. White continues to reiterate in each scenario is that the County will still have a
balanced budget.
Mr. Bowerman stated that he thought the presentation was very lucid and understandable, and it
is clear the different scenarios are estimates that can change. He went on to say there are four different
ways to deal with the assumptions, and he thought it was a very good document. He added that Board
members have been informed as to the County's current state, as well as different options available,
knowing that this picture is going to change with new revenue estimates.
Mr. Tucker concurred that Ms. White has done an excellent job in trying to provide options. He
then mentioned that ways are being sought to provide flexibility for the school system, but at the same
time to try to infuse some type of accountability with regard to operations and capital projects. If school
officials have the flexibility, then they can make the determination for such things as additional funding in
operations. He explained that if they want to shift or delay capital projects, they could shift some of the
revenue, or if they want to move projects forward, they could shift things from operations. He said rather
than putting the Board of Supervisors in the middle many times, ways are being considered to give school
officials the revenue and then let them make these decisions. He next referred to Ms. White's report that
'general government now has a lot of capital needs in the near future, such as the juvenile detention
facility, and the courthouse and jail expansions, etc. He pointed out that general government did not have
these types of things happening in the past. The school system still has needs, but now that Monticello
High School has been built, local government needs to focus on its needs whether they are fire stations or
other capital projects. He emphasized that he is trying to find a solution to help the school officials
manage their own financial needs with the revenues the County gives them, but he also wants to give
them some flexibility. He has mentioned this to the Superintendent, and he seems to be interested. Mr.
Tucker added that he does not have the full report yet, but he will be bringing such information to this
Board in the near future.
Mr. Marshall stated that some of this was done when the School budget was considered last year.
The school officials were given additional money and they could use it as they wished. Mr. Tucker
responded that the Board of Supervisors attempted to do this, but the school officials did not accept it with
the caveats that were included. The staff is still moving in that direction, but approaching the situation a
little differently.
Mr. Marshall remarked that the School Board tried to make a political issue out of the matter last
year, and made it seem that he and Mr. Bowerman did not Want to give the teachers raises. The mOney
was actually given to the school officials, but they chose to spend it in a different way.
Mr. Bowerman stated that there needs to be a spirit of cooperation. He said Mr. Tucker is
indicating that the School Board needs to be accountable for the same decisions as the Board of
Supervisors as far as having an available financial resource and managing capital and operating needs.
Mr. Tucker stated that the plan is not to reduce funding but to continue to distribute the revenues
as they have been distributed in the past. He went on to say when the County has additional revenues,
the school system will get the same share as it always has received. However, the school officials will
also have the ability with capital matters to make some decisions that they don't have the authority to
make now.
Mr. Bowerman said school officials will have to be accountable for their decisions. If it is a
resource issue then it would be specifically brought to this Board, and the Supervisors would have to deal
with it. However, if there is a specific reason for the matter to be brought to the Supervisors, then it would
have more accountability than the current process.
Mr. Martin stated that under the old system when the Supervisors appointed the School Board, it
probably made more sense for the Board of Supervisors to take care of capital issues. Now with an
elected School Board, school officials will need to take the responsibility for some of these actions. Mr.
Marshall concurred. He said school officials promise the public certain things, and the Board of
Supervisors is expected to deliver them.
Ms. Thomas remarked that general government is facing a difference in kind, and not just a
difference in amount, as far as certain items that are not included in the scenarios. For example, the court
complex is $22,000,000, which is going to get the County involved in a different kind of debt than has been
the case with the schools. County officials may be spoiled because even though the debt is not any less
now, it is a method with which County officials are familiar. She mentioned that she also thinks the
presentation by Ms. White was excellent. If she was to see any change in what is currently in frOnt of this
Board, it would be to get into the issue of what it will mean to go into a different kind of debt financing for
general government than what is done now.
Mr. Marshall inquired if this report will be given to School Board members. Ms. White answered
affirmatively. She then mentioned that improvements in the urban area such as sidewalks, etc. are not
January 6, 1999 (Regular Night Meeting)
(Page 24)
included in this report. She added that this situation will involve another big policy decision in the near.
future.
Ms. Thomas stated that, in general, revenues were underestimated in the report by necessity
because that is this Board's direction. However, some of the major expenses were very much under-
estimated. This is not the type of document that paints a bleak picture, and then money is found at the
last minute. Ms. White said this is a projection of what has actually been approved to date. Ms. Thomas
agreed that the staff was directed to produce this particular document, but the general government's
situation is a bit more dismal.
Mr. Marshall inquired as to when the Development Areas Initiative Committee report will be given
to the Supervisors. Mr. Tucker indicated that they would get the report sometime in February.
(At 10:39 a.m., the Chairman called a recess. The Board reconvened at 10:50 a.m.)
Agenda Item No. 16. Thomas Jefferson Sustainability Council, Vision and Statements of Accord.
Ms. Nancy O'Brien, Executive Director of the Thomas Jefferson Planning District Commission,
thanked the Board for allowing her to come and share the work of the Sustainability Council. She
congratulated Mr. Martin on his election to the Chairmanship of the Board of Supervisors, and the Council
looks forward to working with him. She would be giving a presentation developed by the Sustainability
Council, and she would like to share the work Council members have done over the last few years. She
then showed a slide presentation while she gave her report.
Ms. O'Brien noted that this region can achieve and maintain a robust healthy economy with jobs
for everyone willing and able to work; a healthy political and social structure; ample, clean water; abundant
habitat for a wide variety of animals and plants; affordable housing for everyone; safe, clean
neighborhoods where children can play; productive farms and forest lands where owners can earn a
reasonable income; and opportunities for the County's children who have chosen to remain here to work
and play and enjoy all the things older residents have enjoyed and passed on to them. She noted that all
of this can be achieved without excessive government regulation. There is a new way of thinking called
sustainability which recognizes the long term impact of actions in the present and how every decision
made affects other people, the environment and economy in ways that may not be obvious unless there is
an understanding that everything is interconnected.
The Thomas Jefferson Sustainability Council, a group of approximately 30 residents in this region,
have worked for the past four years to develop a Vision of Sustainability for this part of Central Virginia.
The Council membership is diverse, representing just about every point of view held in this community.
The membership includes developers and environmentalists, planners, elected officials, business people,
farmers and academics among others. She discussed all of the Statements of Accord and noted that
many of them may seem to be common sense, and that is the point. There are 15 Statements which need
to be worked on currently for the long term health and vitality of this community, and they are urgent and
all interconnected.
She ended her presentation by saying that the goal of the Council is not to tell anyone how to live
or recommend new laws or ordinances that diminish personal freedom, but just the opposite. The Council
members have sought to provide information that will allow everyone in this region to see the
interconnections among environmental stewardship, economic vitality and social health for everybody to
examine in everyday decisions in a different light. She next called attention to an acknowledgment of the
funding sources, and she pointed out that the Board of Supervisors is among them. It is hoped, as these
presentations are made to the different organizations, that the people who hear about sustainability will be
interested enough to commit to sustainability for the community and consider it as they go about their daily
lives. Some of the County officials attended the gala where the slides were originally presented, and they
signed on, but others did not have a chance to do so. She brought markers and a sheet for people to sign
and she explained that the sheets are dry mounted as they are completed. There is already one
completed sheet. She invited everyone in the room who is interested in signing up to think about
sustainability as they go about their daily lives and their business decisions, as well as their government
decisions. She also noted that it is the hope of the Council that groups may key into one of the objectives
and adopt it for their group.
Ms. O'Brien said the Council is chaired by David Bowerman, and Sally Thomas is one of the
members. Their work is what has culminated in this slide presentation.
Mr. Martin thanked Ms. O'Brien for the report, and he thanked all of the Council members for their
hard work. This approach is very important because lots of times different groups and agencies get
caught up in their own niche. This continues to remind people to look at the big picture, because all of the
parts have to work together, and there has to be a compromise in working together in order to be a viable
community. He added that the Council has done a fantastic job in pulling all of this together.
Ms. O'Brien noted that this is the first such presentation, and she asked County officials to call
her, if they have anything they would like to share.
0002 8
January 6, 1999 (Regular blight Meeting)
(Page 25) · ..,'.~.,_.
Mr. Martin said he will assume there will be more time available for presentations to other groups.
If he has a criticism, it would be that there was not enough time allowed for the slide presentation.
Ms. O'Brien then called attention to the Board's next agenda item which related to a
Comprehensive Plan Amendment on the Natural Environment. She felt fortunate that her presentation
and the agenda item have coincided.
Mr. Bowerman mentioned that this presentation will be shown to Planning Commission Boards,
City Council, Farm Bureau, Ruritans, etc., and anyone who is interested in seeing it. He reiterated that the
Sustainability Council hopes groups will "Adopt an Accord" as an objective and work to move the
indicators in a positive direction. Mr. Martin agreed that this would be excellent. Ms. Thomas mentioned
that if anybody is a program chairperson for an organization this program is available.
Agenda Item No. 17. Work Session: CPA-98-04. Natural Environment. An amendment to
Chapter 2 of the Comp Plan, "The Natural Environment," as part of the state-mandated 5-year review, to
revise the language of the chapter as it currently exists in the 1989 Comp Plan.
Mr. Cilimberg stated that he thinks it is timely and fortunate to be discussing this Comprehensive
Plan Amendment on "The Natural Environment" today immediately following the discussion on the
Sustainability Accords. A lot that has been attempted in this section of the plan reflects those Accords as
well as some of the opportunities that the County has to set some new direction. This is a second chapter
of the Comprehensive Plan review which has been ongoing for some time that would follow the adoption a
couple of years ago of Chapter Three, "The Land Use Plan." This chapter has been named "The Natural
Resources and Cultural Assets," to try to better identify it. It is important to emphasize that this chapter
covers the entire County, and it is not intended to be viewed as just an element speaking to the rural
areas. He added that so many times the rural areas are directly associated with resources and preserva-
tion, but this section of the Plan speaks to the entire County both the rural and development areas and the
need for realizing these resources, as well as identifying and addressing these resources throughout the
County. In the coming year there will be a review of an actual rural area section of the Plan, a chapter
which deals with rural areas in terms of uses and development activity. There is already a Land Use Plan
in place. He noted that the Planning Commission recommended approval of this amendment in
December of last year, and it has been forwarded to the Board of Supervisors with that recommendation.
He added that Ms. Scala will go over some details of the chapter, particularly those things that are
somewhat different from "The Natural Environment" chapter of 1989.
Ms. Mary Joy Scala, Senior Planner, explained that the new Chapter Two, "Natural Resources
and Cultural Assets" replaces Chapter Two, "The Natural Environment," in the 1989 Plan and incorporates
the existing 1992 Open Space and Critical Resources Plan as a free standing document. The chapter
name change is more inclusive of all the resources discussed, and she pointed out that Chapter Two
addresses all open space resources in both the rural area and the development areas, They are both
dependent on the overall natural environment and the four major open space systems which extend
across the boundaries of the rural areas and development areas. These open space systems were
identified in the Open Space Plan as stream valleys, mountains, agricultural/forestal resources and
cultural resources. She added that the resources and the resource protection efforts described in this
chapter which are natural, scenic and historic resources, water supply protection, agricultural and forestal
preservation are closely tied to the rural area through the growth management goal.
She next outlined similarities to and differences from the 1989 version of Chapter Two. First,
there is a new section on sustainability which includes a strategy to review and support the Accords as
appropriate. Secondly, the physical setting or characteristic section is basically the same, and the
remainder of the chapter is divided into two parts: "Open Space Resources" and "Open Space Planning."
She said "Open Space ReSources'' includes natural, scenic and historic resources. She explained that
those sections contain some major changes, some of which are organizational. "Water Resources" and
"Agricultural/Forestal Resources" are now included under the "Natural Resources" section and before they
were separate headings. She remarked that the "Water resources" section has undergone some major
updates and revisions, and it was written by the Water Resources Manager, David Hirschman. She
commented that some of the changes to that section were occasioned by the adoption of the new Water
Resource and Water Protection Ordinance in February of last year. Ms. Scala then called attention to the
"List of Principles" on Page Eight, "Stormwater Management" on Page 21, "Water Conservation" on Page
32, "Recreational Use of Water Supply Areas," Page 34, a major expansion of the groundwater section
including updates of the "Groundwater Protection Study" on Page 48 and "Well Head Protection" on Page
54. She said new Natural Resource sections are: "Biological Resources," "Mountains" and "The Dark
Sky," which was implemented by the Lighting Ordinance last August.
She explained that the "Mountain" section was adopted by the Board of Supervisors on August 5,
1998, and the complete Mountain Protection Plan as prepared by the Mountain Committee is included in
the appendix. The "Scenic Resource" section is basically the same, and it discusses roads and streams,
but there are some new strategies. The "Historic" chapter is basically a place holder. She explained that
all the strategies included in this section on historic resources are existing ones from the current Compre-
hensive Plan and the Open Space Plan. It is anticipated that the Historic Preservation Committee is
nearly ready to present its Historic Preservation Plan, and it will contain some additional strategies. She
next referred to the "Agricultural and Forestal Resources" section. The current Chapter Two discusses
January 6, 1999 (Regular Night Meeting)
(Page 26)
OOO, :L9
both the land resource and the agricultural and forestal activities. This new Chapter Two only discusses
the agricultural and forestal land resources. She explained that the agricultural and forestal activities,
along with other rural land uses, will be discussed in the new Chapter Four, and it will be called the "The
Rural Area." She said work is now beginning on that chapter. She noted that the 1989 plan does not
have a separate "Rural Area" chapter, but only a short discussion in Chapter Three called, "The RUral
Development," which discusses restricting residential development in the rural area. The new Chapter
Four will provide more positive vision for the rur. al area and will be the complement of the development
areas "Land Use Plan," Chapter Three, which was adopted by this Board in 1996. Staff will soon be
bringing the Board a background report on Chapter Four including options for the important public
participation process. The section on "Open Space Planning" has more detail than the 1989 plan. She
remarked that the Open Space Plan has been adopted as part of the Comprehensive Plan and that is
referenced as a free standing document. She added that there is a new section under "Open Space
Planning" on urban open spaces, which recognizes the importance of designed open spaces as amenities
in urban developments. She then referred to the "Greenway" section which was previously mentioned in
the Open Space Plan. However, there is more discussion in the new chapter, and there is a detailed
Greenway plan in the appendix. These are the major changes and similarities in Chapter Two, and she
and David Hirschman are available for questions. She added that staff recommends that this chapter be
forwarded to public hearing which has been advertised for January 13, 1999.
Ms. Thomas said this is a very good document, and she thinks it encompasses a lot of concerns.
She then .referred to the crucial importance of the open space resources, and she pointed out that open
space seems to be more evident to everybody. People are looking at economic development, and they .
are considering what draws people and jobs to a particular area. She added that the awareness of the
attractiveness of this area is crucial. In some ways she would like to hide this fact, because she thinks the
County's population growth is going to overrun and destroy these things. However, no matter how people
feel about growth, the fact is that open space resources are the greatest asset in this area. The Executive
Director of the Thomas Jefferson Economic Development Partnership may make this type of statement,
as well as the person who is heading the University's Gateway project. She next called attention to the
brochure the University has developed to try to entice people to its research park. The front of this
brochure shows a beautiful picture of the most rural section of Albemarle County. Open space has a
sense of importance, and it is up to the Supervisors to make policies to emphasize this sense of
importance: However, there is also a sense of alarm that is not brought out in this document. The staff
members are never alarmists, but this feeling was more apparent to her from the Sustainability Council's
report than this document. The County lost 12 percent of its farmland in an 18 year period before 1992,
but the most recent figures are not available. She also pointed out that the Forestry Department has a
new study about the fragmentation of the forest lands. She added that there are things happening to open
space resources that are alarming, and she would like to have a plan to recognize more the fact that time
is of an essence asfar as appointing committees. She said people should be concerned about some of
the things that are happening, and she referred to the earlier discussion relating to GOCO's water
situation. She also mentioned the number of individual homes where there are fuel oil tanks and the fact
that they are not regulated at all. She next called attention to septic fields and wells where once they are
installed, they are never checked again. There are a lot of things about wells that the state doesn't
require, and the County has not gone to greater lengths to require. She remarked that she has comments
to make on many of the pages of this document, but these are her overriding concerns.
Ms. Humphris stated that one of the main problems is that everything the Board of Supervisors
does is piecemeal because applications, etc., come in one at a time. The Supervisors try to apply
principles and ordinances, but it is very difficult to see the long term effect. She emphasized that
consideration needs to be given to this in every action the Board of Supervisors takes, because it is the
collective situation that is troublesome. She then called attention to the next to the last bullet on Page 54
and the list of cautions about groundwater quality, which states, "dispose of hazardous and toxic wastes
properly .... "She suggested that it be included with the one that is three bullets above, since it relates to
the same thought. Next, she referred to Page 94 where there is an objective about preserving existing
wooded areas as development occurs in development areas. She mentioned the fourth bullet which
refers to, "The wooded slopes of Stillhouse Mountain, Lewis Mountain, Mt. Jefferson and the Ragged
Mountains in Neighborhood 6 which are highly visible in the urban area. These areas include the
mountains as well as the wooded critical slopes outside the mountain designations." She mentioned that
Stillhouse Mountain is the mountain across the entire face of this area, and if the Route 29 Bypass is built,
it will destroy it. It is one of the most scenic parts of the western part of the County, and everybody sees it
going and coming toward the Blue Ridge. She added that not on!y will the mountain itself be destroyed,
but there will be an unbelievably high embankment stretching from the northern end of Stillhouse Mountain
across Barracks Road, and across the front of the Newman property on the other side of the road. The
construction of this road, in addition to the potential for damage to the County's water supply, does exactly
the type of thing that represents what County officials say they do not want to happen and should not
happen in Albemarle County.
Ms. Thomas recalled the time when the Supervisors were dealing with the Kroger Store
representatives as far as the Monticello viewshed was concerned, and she became aware of how
important hills are underneath the woods. Kroger representatives were planning to cut 25 feet off the top
of a hill, which is perfectly legal, and then they were going to put trees back, if they were directed to do so.
She next suggested a bullet be added about the visual protective importance of hills underlying some of
these wooded areas. It is not just the woods, in this type of terrain where there a lot of hills and valleys,
but sometimes the underlying land form also adds tremendously to their value.
January 6, 1999 (Regular Night Meeting)
(Page 27) . ....
000220
Mr. Marshall stated that if the rural areas are protected, it is his opinion, that there will have to be
some expar~ion of the growth areas. He mentioned the way things have grown since his childhood in this
community, and he called attention to the fact that so much of the business community is now located on
Route 29 North. He said when he was a child, Route 29 was just a small road, and he wondered why
businesses went in that direction. He remarked that most of the people who live in this community today,
as well as most of the people on this Board, are from somewhere else. He commented that everybody
comes here, and they all want a place to live and work, yet they expect the environment to be kept the
same. The only sensible answer to the whole situation is to control growth to the point where people will
not be allowed to come here. To a certain extent, this has already been done. He mentioned the
population explosion in Fluvanna and Greene Counties since Albemarle County is trying to control the
amount of growth here. He loves this community, and he is going to die here, as many generations of his
family have done in the past. However, unless something can be done to stop people from coming to
Albemarle County for one reason or another, there will be these problems with which to deal. These are
great ideas, and he supports them, but he does not know how people can be told they cannot come here
and live.
Mr. Martin stated that the harder County officials work to have quality education and to have a
beautiful place to live, the more people are going to want to come here. The more people who come here,
the harder it is to maintain the quality of education and the beautiful area.
Mr. Bowerman commented that he thinks there has been a great change in the community, as
well as this Board, as far as considering each individual situation whether it is a subdivision, a rezoning or
anything else that is brought to the Supervisors. Such items are being viewed in a much larger picture in
terms of their overall impact, and this document along with the document the Disc Committee is
developing, will help the pieces fit together. He remarked that there are dozens of things that need to be
done, and it is going to take dozens of years to do them. He reminded the Supervisors that instead of
looking at the Real Estate Park individually, they considered the concept of a community that
encompasses Forest Lakes as a more self contained community. He pointed out that open space and
interconnectivity were considered in the plan. He said shopping was also considered and whether or not
people would have to drive back to Charlottesville for everything, or if they would be able to get some
things in their own community. There has been a big change, and this document and the way it was
approached and incorporated into the County's total plan, begins to bring a strategy and a cohesion to
what is being attempted to keep Albemarle County livable. The idea is to allow for people to continue to
come here, but to try to make enough services and amenities for the denser'populated places t° entice
people to want to live there. There are things that still need to be done in terms of zoning, and there are
regulations needing consideration. However, things are now being considered as an entire concept, and
he is not discouraged by this document. This is part of an ongoing process of learning how to keep what
the County already has and to also accommodate those who want to live here.
Mr. Marshall stated that it will be impossible for the County to keep all it has because of the
demand. He pointed out that he lives in a rural area, and he wants to prOtect the rural area. He has to
fertilize and lime his fields which means that he is going to dust chemicals into his water supply. He added
that he does not have any choice, because in dry seasons, he only gets one cutting of hay. He said his
cattle prices decrease when there is no hay and, as far as farmers are concerned, it is a matter of
economics. On the other hand, he wondered what he can do about protecting the environment. He
needs to make the grass grow this spring to make sure he will get enough from the first cutting to get his
cattle through next winter, but he is concerned as far as how the chemicals will affect the environment.
Mr. Bowerman stated that Mr. Marshall is applying the fertilizer and lime in a way that is environmentally
satisfactory, and most of them will stay on the land. Mr. Marshall responded that if there is a big rain, they
wash into the creek. Ms. Thomas reminded Mr. Marshall that there are simple ways to capture most of
the run~off, and she wondered if he has a buffer along his creek.
Mr. Marshall said he is doing the best he can with the money he has, because he has to
supplement the farming operation. The money he makes goes back into the farming operation as well as
half of the money he makes in his other businesses. He commented that people will look at his property
and think Albemarle County is a beautiful place, and they want to live here. The people coming to
Albemarle County have the money to buy the farms and keep them maintained, and the local people
never had the money to do this. They come here, pay big prices for the land and maintain it. They keep
the open spaces open, and Albemarle County owes them a lot for that. He added that this is what makes
Albemarle County beautiful.
Ms. Thomas agreed that there will be a lot of choices to make. However, she regards this
document as the Supervisors' statement as to when the choices will be made and what things are
regarded as the most important. She added that if there are things in the document that don't reflect what
is valued in this community, those are the things that should not be included. If the Supervisors are doing
their job right, and they are not misleading the public, this document will be used as a guide as to what
they regard as really important. She mentioned that this involves ideals, and they will not always be met.
Mr. Marshall referred to the Mountain Protection Plan, and he wants to protect the mountains, and
he does not want to see subdivisions on top of them. However, when a farm has been in a family for
generations, and one of the children wants to build a house on the top of the mountain on family property,
he sees nothing wrong with that. There are enough ordinances in place that will protect the mountains,
and the person can still build a house on his or her land. He does not want to take individual property
O00Z Z
January 6, 1999 (Regular Night Meeting)
(Page 28)
rights from people, particularly when it is not going to hurt the environment. He emphasized that he does
not like overkill, but there are places in the Mountain Protection Plan where this is going to happen.
Ms. Thomas inquired if there are parts of the plan Mr. Marshall would like to remove as opposed
to the ordinance. Mr. Marshall stated that he would like to see the Mountain Protection Plan written in a
way to protect the individuals but he also wants to stop people from putting subdivisions on top of the
mountains. This can be done using the critical slopes regulations and requiring water and sewer, etc., to
be in place. He remarked that the mountaintop can still be protected, yet the individual landowners'
property rights will not be taken away. Mr. Martin asked if Mr. Marshall realizes this document is just the
appendix. Mr. Marshall said he understands, but he is afraid it will become law.
Mr. Perkins commented that there have been discussions about protecting the natural
environment and scenic beauty, etc. However, he thinks this Board needs to be careful about adopting
ordinances affecting owners of property. Regulations have to be made so owners of property can continue
to own and maintain it. He added that he thinks the County has taken a step in the right direction with the
program to purchase development rights. There has to be a way for people to hold on to their property.
He mentioned a process in which he has been involved during the last couple of weeks to try to get burn
permits in order to continue to practice forestry. The process is set up in such a way now that it makes it
hard for people to get these permits. Some regulations are so strict that people would rather sell their
property because it is not worth going through the hassle to do certain things. He added that local
government does not get a lot of help from state government, and certainly not from the federal
government. He mentioned that apple trees have been pushed up because money cannot be made on
apples. He said orchard owners have to sell their apples for $1.00 a hundred weight because China
imported 2,000,000,000 pounds of apple concentrate where DDT is still used to spray the apples.
However, the United States cannot use these Iow cost chemicals. He referred also to the pork farmer who
has to sell his pork for three or four cents a pound, and lumber is imported from Canada at less than
domestic suppliers can produce it. He added that the federal government has so many loopholes on
imports that it is hurting local and national agriculture producers.
Mr. Marshall concurred. He expects his land will be included in the growth area very shortly when
the Disc Committee's report is released. He will never develop his land because he has a love for it, and
his family has farmed in Albemarle County for a lot of years. He wondered, though, how he can make
sure he can keep his property. There are a lot of people in the same situation. He mentioned that he has
two choices in the future. He will eventually have to sell his property to a developer because he cannot
afford to keep it. Or, he will have to sell it to a wealthy person who comes here from the North and likes
the appearance of his home and property.
Ms. Humphris called attention to the second paragraph on Page 20 of the document about storm-
water management where it discusses how the Water Protection Ordinance should also be considered by
the City and the University. She remarked that this sounds as though it is something that could be the
subject at a PACC meeting. She then mentioned an example of the fact that the City/University does not
have the same type of run-off control as the County. She said when the athletic fields above Millmont
Street behind Barracks Road were being constructed, any time it rained, red, muddy water literally came
pouring down off the slopes on the north side along Barracks Road. She emphasized that this is one of
the best examples she has seen that no detention devices of any kind were being used. This is some-
thing concrete that officials of the County, City and University could work on now.
Mr. Benish stated that since the ordinance has been adopted, the state agency overseeing the
University's water management is applying these standards. He mentioned that in his previous role as a
City/County employee, he developed a City Stormwater Ordinance which is exactly parallel to the
County's. He gave it to the City staff members, but they haven't done anything with it, and he does not
know why it is not a priority with them. He remarked that the City has a retention standard, but there are
no water quality standards. The template is available, though, that could be used to adopt a similar type of
ordinance.
Ms. Thomas referred to the Rivanna Roundtable's figures which pointed out that when there has
not been a rain storm for awhile all the creeks running through the City have very good quality. She said,
though, when there is a storm, there is a run-off from all the parking lots, etc., that don't have the sediment
control which degrades the creeks.
Ms. Humphris remarked that the people in the City have not been made as aware as COunty
officials of the need for water quality and quantity nor about protection from run-off. She said a lot of
people still think they will always have clear, clean water when they turn on the tap.
Mr. Martin concurred that this would be a good topic to bring up at a Planning and Coordination
Council (PACC) meeting.
Next, Mr. Bowerman made a motion to accept this document as a whole to take to public hearing
in order to get comments from the public and see the general acceptance or lack of acceptance. This
Board could then judge how much work needs to be done. He noted that the document stands together
as a whole, if Board members are willing to agree to the concept of what it is trying to accomplish. If it is
determined after the public hearing that there are specific issues needing modification that this Board or
the public has identified, then there should be the opportunity to do so. He emphasized that he would like
0002 2
January 6, 1999 (Regular Night Meeting)
(Page 29)
to get input from the public in the spirit of what this document is trying to accomplish, rather than about
each individual item, specifically.
Mr. Marshall said he hopes there will be a turnout of citizens for this public hearing similar to the
number of people who spoke about the Mountain Protection Plan. Ms. Thomas noted that the Supervisors
did not get attachments with the Planning Commission meeting relating to the comments people made at
the public hearing. Mr. Bowerman suggested that the Board of Supervisors' public hearing on this matter
be scheduled a couple of months from now, so it can be publicized. Mr. Cilimberg pointed out that the
public hearing has been advertised for next week. Mr. Tucker said the Board of Supervisors can defer the
public hearing.
Mr. Bowerman stated that he would rather defer the public hearing and give better opportunity for
the public to know that the document is in front of the Board, but he does not know how this can be
accomplished. He does not want to go through this process in a vacuum, and he thinks it should be done
by looking at the whole community as has been discussed. This has to be communicated and made
available to the public, and he asked if there are any parts of this document on the web site. Ms. Scala
replied that the document is only referenced on the web site. Mr. Bowerman remarked that he does not
know how hard it would be to put in this much text, but he does not think it would be difficult if it can be
indexed.
Mr. Tucker noted that the public hearing could be held next week and then another hearing could
be scheduled based on the response. Although he does not think there will be a of lot people attending
the hearing, the first one may generate the necessary press coverage, and then an additional hearing
could be held later.
Mr. Marshall said he would go along with this, if the Board is not going to vote on the document.
However, if a vote is held after next week's public hearing, and only a few people are present to voice their
opinion, he will vote against the document. Mr. Tucker reiterated that, because of today's discussion by
the Supervisors, he would suggest holding a second public hearing after the one next week.
Mr. Marshall stated that this document is far reaching, and it will affect a lot of people econo-
mically as well as personally. Mr. Bowerman pointed out that there are no regulations in the document. It
is a comprehensive plan, and it is a vision of what County officials hope to accomplish. Mr. Marshall
commented that such things have a way of becoming law. Ms. Humphris responded that this is true only if
the Supervisors vote that way. Mr. Bowerman agreed that it will happen only if the Supervisors decide
there is something contained in the document that they want to make into a regulation.
Mr. Tucker remarked that he thinks the Board is doing the right thing. HOweVerl there has been a
history over the years that public interest and comment are shown once an ordinance or regulation has
been designed. He reiterated that the public hearing can be held next week or a month from now, but he
is not convinced that there will be many more people present no matter how much coverage the item gets.
He said once an ordinance or regulation has been designed, that is when the Board will hear from the
public, because they will know specifically what is going to happen to them and their propertyl Mr.
Cilimberg concurred that the Mountain Protection Plan got a lot of attention because it was a proposed
ordinance. Ms. Thomas agreed that there were public meetings held on the Mountain Protection Plan to
which no one came.
Mr. Marshall said once there is a proposed ordinance, he feels the members of this Board have
the idea that they have to approve it. The public has to be educated on these items before these
ordinances are written, or the ordinances will be written wrong.
Ms. Thomas mentioned that it is the Board members' responsibility to read this document and
know which parts reflect their community. They will get some very good comments, and there will be some
organizations that will have gone over the document sentence by sentence. She added that in their
allotted time, the representatives of these organizations will give the Supervisors as much input as they
can, but the Supervisors have the responsibility to have examined the document in the same manner.
Mr. Marshall remarked that he grew up with people who graduated from Lane High School, which
was located here in the County Office Building at that time, who will never come to this meeting. Ms.
Thomas inquired if Mr. Marshall is implying that if these people won't come to the meetings then Mr.
Marshall will not vote for approval of this plan. Mr. Marshall stated that he is saying these people will not
be informed, and a way needs to be found to inform them. Ms. Thomas asked what Mr. Marshall
suggests as a way of informing these people. Mr. Marshall said he thinks Mr. Bowerman's suggestion is
good, and County officials should try to make information available to the people. These people need to
be told how important it is for them to come and participate so they will know what is going to happen,
because their livelihoods are going to be affected.
Mr. Martin asked Mr. Bowerman to restate his motion.
At this time, Mr. Bowerman restated his motion that the Board of Supervisors go to public hearing
with the Comprehensive Plan Review of Chapter Two, "Natural Resources and Cultural Assets" on the
scheduled date of January 13, 1999 to take public comment and to make a decision during this meeting
about whether or not to hold another public hearing.
January 6, 1999 (Regular Night Meeting)
(Page 30)
ooo22a
Mr. Martin stated that he thought Mr. Bowerman's first motion included the fact that the Super-
visors wanted to get either general acceptance or lack of it from the public for this document. Mr.
Bowerman said the staff is indicating that if there is a meeting about this item, more coverage will likely
happen. If there are specific positive or negative comments about the document, it will focus the direction
this Board and the public takes in reviewing it, and it may be more productive. He thinks Mr. Marshall's
concerns about the regulations coming out of this document are not unwarranted, but they are unfounded,
because he does not see this Board in a mode of removing people's property rights. He added that the
Supervisors are trying to work within property rights with good planning to keep what the County has in the
best way they can, and he does not think anything the Supervisors are doing is going in the direction to
which Mr. Marshall referred.
Mr. Perkins seconded the motion, and he added that he thinks it is time to get public comments
on the document. He mentioned his concern about the number of strategies involved, and he read a
strategy which stated, "Produce a local design manual with criteria to comply with all regulations. The
Engineering Department should lead the effort for the design manual production." He does not think there
should be a directive that the Engineering Department should design this manual, because he thinks it
should come back to this Board. The Board members could then decide if they want the Engineering
Department to design the manual.
Mr. Bowerman pointed out that the Supervisors have the Engineering Department's work agenda
for the next year. Mr. Cilimberg agreed. In actuality this particular item is already in the Engineering
Department's work program. Mr. Perkins said the point is that there are a lot of strategies included in the
document, and he wondered if the document is adopted, will it mean that everybody will be trying to
accomplish all the strategies. It takes a lot of time, manpower and discussion to do these things.
Mr. Marshall commented that these documents are developed, and then an ordinance appears
before the Board. That is his concern.
Mr. Tucker remarked that if this document is adopted, the strategies to which Mr. Perkins referred
is the work program for a few years, and the staff will move in that direction. He added, though, that the
decision as to whether or not the Supervisors adopt the document as an ordinance will still come back to
them. If the Supervisors have a different perspective about these strategies and want to know before the
staff moves forward with design manuals, etc., then the staff needs this kind of direction. The staff's work
programs are shared with the Supervisors so they can identify those areas where they want the staff to
move forward. A comprehensive plan is a management tool for growth management, and this document
is part of the same thing this County has been attempting to do for the past 25 or 30 years.
Mr. Cilimberg explained that when the Board of Supervisors adopted the 1989 plan, one of the
elements of the plan was an action. The action listed things the plan had identified as strategies, and
Board members agreed as to whether or not they wanted these things pursued. They were then included
in the staffs work program for several years, and some of them are still being worked on at the current
time. .
Mr. Perkins stated that he thinks County officials have to be very careful as far as what they are
doing with these types of documents. It takes a lot of time for all of the Supervisors to look at every
strategy and make a decision as to whether or not they want to keep it.
Mr. Bowerman remarked that there will come a time when the Supervisors will decide whether or
not to pursue a strategy that is brought forward. Mr. Perkins said this is not true if the staff accepts the
document as a directive to get started on these things. Mr. Bowerman pointed out that the staff gives this
Board a list of its tasks for the year. Mr. Perkins asked if Mr. Bowerman can tell him what stage all of
these tasks are in at this time. Mr. Bowerman replied, "no." However, he has the information available.
He went on to say there is constant communication between this Board and staff when there is work in
progress, and redirection is made and priorities are changed.
Mr. Perkins mentioned the work that Tom Olivier has done which shows the different types of
resources that are available. He noted that he is present at this meeting, and he thanked him for the
information.
Ms. Thomas stated that more incentives are needed in this document rather than regulations and
th s struck her particularly in some of the water protection measures. She noted that Best Management
Practices and the Soil Erosion Ordinance are in place, as well as Soil and Water Conservation Districts.
She said state and federal funding is also available. She added that there are incentives available, and
County officials need to make them known to citizens, and they should be part of the plan. The plan
should not just pertain to the regulatory or educational side of the issue.
Mr. Bowerman commented that when ordinances are considered for adoption, they can contain
many elements of positive aspects that are inducements rather than limitations.
Mr. Tucker suggested that it may be helpful at the beginning of the public hearing to inform the
public that the Board does not have any intention of adopting the document at this time. The public should
then understand that the Board is taking public comment and will then have another work session. The
staff can take some responsibility in getting this message to the citizens, as well.
January 6, 1999 (Regular Night Meeting)
(Page 31)
000224
Mr. Bowerman stated that the Board members need to see the documents that were turned into
the Planning Commission.
Mr. Marshall suggested that it would be helpful if Ed Scherer, with the Farm Bureau, could come
to the meeting and explain the Bureau's position on the matter. The point is this Board needs all the input
it can get.
Mr. Martin said he is not sure how much the Board is accomplishing at this time. He thinks Mr.
Bowerman's strategy is a.good one which is to have a public hearing and use it as a springboard to get
more information. He went on to say the Board could then have another work session and next a vote
will be taken.
Roll was then called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 21. Appointments.
Motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to appoint Charlotte Humphris
to represent the Board on the MPO's public forum on Water Resource Protection and the proposed Route
29 Bypass.
Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to reappoint James Skove to
the Industrial Development Authority, with said term to expire on January 19, 2003. Roll was called and
the motions carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
Agenda Item No. 18. Other Matters not Listed on the Agenda from the BOARD.
Ms. Thomas presented a Proclamation on the 50th Anniversary of the Universal Declaration of
Human Rights which was presented by The Links, Inc., and which she received on behalf of the Board.
She noted that there was also a large Normal Rockwell picture given to each of the high schools.
Mr. Bowerman suggested changing rotation left to right for Other Matters from the Board.
Agenda Item No. 19. Executive Session: Personnel and Legal Matters.
At 12:05 p.m., motion was offered by Mr. Bowerman that the Board go into executive session
pursuant to Section 2.1-344(a) of the Code of Virginia, under subsection (1) to consider appointments to
boards and commissions; under subsection (3) to consider the acquisition of real and personal property
for public safety uses; and under subsection (7) to consult with legal counsel and staff regarding pending
litigation relating to the transition of the City of Charlottesville to town status. 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. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
(Note: At this time Mr. Marshall left. He did not attend the executive session due to another
commitment.)
Agenda Item No. 20. Certify Executive Session.
The Board reconvened in open session in the Fourth Floor Conference Room. At 2:35 p.m.,
motion was offered by Mr. Bowerman, seconded by Ms. Humphris, to certify by a recorded vote that to
the best of each Board member's knowledge only public business matters lawfully exempted from the
open meeting requirements of the Virginia Freedom of Information Act and identified in the motion
authorizing the executive session were heard, discussed or considered in the executive session. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bowerman, Ms. Humphris, Mr. Martin, Mr. Perkins and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Marshall.
Jan[
(Pa[
was
Al~proved by Board
¥ 6, 1999 (Regular Night Meeting)
e 32)
000225
Agenda Item No. 22. Adjourn. With no further business to come before the Board, the meeting
im'mediately adjourned.
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