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1999-04-07April 7, 1999 (Regular Day Meeting) (Page 1) 00008 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 7, 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, Mr. Robert W. Tucker, Jr.; County Attorney, Mr. Larry W. Davis; and Chief of Community Development, Mr. David Benish. Agenda Item No. 1. The meeting was called to order at 9:05 a.m., by the Chairman, Mr. Martin. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. Ms. Kristin Peura, with Great Eastern Management, spoke in support of public bus service to Pantops Mountain. She said that increasing sales volume results in an increase in sales tax revenues to the County, and it is important to attract City riders to the County. She presented a petition, signed by over 1,200 people in ten days' time at the shopping center, to the Board. She also presented another petition signed by over 800 people ten years ago. She said each signature represented a person who stated they would use the bus service or know someone who would. She said she realizes funding is a problem. Ms. Thomas suggested Ms. Peura make the same presentation to City Council ,since the service is not being considered in the City budget. Mr. Martin said the County has funded one-half of the venture as a contingency the past two years. Mr. Tucker said he hoped the City would join in this venture, and suggested property owners in the shopping center should assist as well. He noted that funding has been set aside for next year. Ms. White said this year the request is only from the County; there is no request for monies from the City. Mr. Lee Middleditch, Chair of the Housing Committee, thanked the Board and City Council, for their support of affordable housing to the community. He provided each Board member a copy of a resolution dedicating Fair Housing Month to the Board. Each member was also given a Lucinda House pin, created by an abused mother living in a homeless shelter in Portland, Maine. The designer now runs her own business selling pins to groups, which then donate profits to non-profit groups. Mr. Martin then read a proclamation designating April as Fair Housing Month (consent agenda item number 5.5). Ms. Humphris offered the motion to adopt the proclamation designating April, 1999 as Fair Housing Month. The motion was seconded by Ms. Thomas. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. PROCLAMATION WHEREAS, April, 1999, marks the thirty-firstanniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans; and WHEREAS, the ongoing struggle for dignity and housing opportunity for all is not the exclusive province of the Federal government; and WHEREAS, vigorous local efforts to combat discrimination can be as effective, if not more so, than federal efforts; and WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, that diminish the rights of some citizens diminish the rights of all; NOW, THEREFORE, BE IT RESOLVED, that in the pursuit of the shared goal and responsibility of providing equal housing opportunities for all men and women, the Board of County Supervisors of Albemarle County, Virginia, does hereby join in the national celebration by proclaiming April 7, 1999 (Regular Day Meeting) (Page 2) 0000 2 APRIL, 1999 as FAIR HOUSING MONTH and encourage all agencies, institutions and individuals, public and private, in Albemarle County to abide by the letter and the spirit of the Fair Housing law. Agenda Item No. 5. Consent Agenda. Ms. Thomas offered the motion, seconded by Ms. Humphris, to approve items 5.1 through 5.10 and to accept the remaining items for information. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Item No. 5.1. Appropriation: United Way Child Care Scholarship Program, $427,369.83 (Form #98066). The executive summary states that the United Way Childcare Scholarship Program helps Iow- and moderate-income working families in the Thomas Jefferson Planning District maintain employment through direct fee-subsidies to pay for child care. The program promotes quality childcare for children, especially "at risk" children, by allowing the parent to select a licensed or certified provider. Scholarships are awarded based on a sliding fee scale with parents paying a portion of the cost. A 1992 agreement between Albemarle, Charlottesville, and the Virginia Department of Social Services approved the United Way to administer the pool funds. The 1998-99 program will expend $391,426 for direct scholarship and administrative fees. The pool is funded by $195,713 in federal funds, $89,188 by the City of Charlottesville, $63,025 by the County of Albemarle, and $43,500 by the United Way. The Albemarle local match was approved in the 1998-99 operating budget and requires no additional funds. In addition, this fund has a carry-over balance of $35,943.83 from FY 97/98, which was expended by the United Way, but was not billed to the County until after fiscal year closeout. Albemarle County serves as the fiscal agent and therefore, is required to appropriate the total program funds. Staff recommendsapproval of Appropriation#98066 in the amount of $427,369.83for the United Way Childcare Scholarship Program. By the above-shown vote, the Board adopted the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER: 98066 FUND: UNITED WAY DAY CARE PURPOSE OF APPROPRIATION: FUNDING FOR UNITED WAY DAY CARE PROGRAM. CODE 1 1550 53110 390056 1 1550 53100 567910 1 1550 53110 567910 EXPENDITURE DESCRIPTION ADMIN. FEE-UNITED WAY DAY CARE GRANT DAY CARE GRANT AMOUNT $ 39,142.60 352,283.40 35,943.83 TOTAL $427,369.83 CODE 2 1550 33000 330014 2 1550 33501 160502 2 1550 33501 160525 2 1550 51000 512004 2 1550 51000 510100 REVENUE DESCRIPTION GRANT CITY OF CHARLOTTESVILLE UNITED WAY MATCHING FUNDS TRANSFER FROM COUNTY U/W FUND BALANCE AMOUNT $195,713.00 89,188.00 43,500.00 63,025.00 35,943.83 TOTAL $427,369.83 Item No. 5.2. Appropriation: Education and Grants, $86,929.44 (Form #98067). April 7, 1999 (Regular Day Meeting) (Page 3) O00083. The executive summary states that, at its meeting on February 22, 1999, the School Board approved the following appropriations: Appropriation of $600 for Woodbrook Elementary School. Woodbrook Elementary School received a donation from Mr. Timothy Rich, Mrs. Debra Rich, and Mr. Rich' s company, WGP- Transco, which agreed to do a two-to-one match. This donation is to help toward the cost of a second grade field trip to the Washington Zoo scheduled for May 27, 1999. Appropriation of $25 for V. L. Murray Elementary School. V. L. Murray Elementary School received an anonymous donation in the amount of $25. This donation will be used to purchase miscellaneous supplies for the school. Appropriation of $1,100 for Broadus Wood Elementary School. Broadus Wood Elementary School received a donation in the amount of $1,100 form the Broadus Wood PTO. This donation has been provided to pay for salaries of two part-time teachers for the foreign language program at the School. Appropriation of $545.06. The textbook fund has collected $545.06 from the schools for textbooks that were lost, damaged, or stolen. This money will be used to purchase replacement textbooks. Appropriation of $3,247.38 for Title IV Safe and Drug Free Schools Grant. Title IV of the Safe and Drug Free Schools and Communities Act of 1994 provides funding to local school divisions for operating substance abuse programs to students. There is a fund balance retained by the State of $3,247.38 from FY 1997-98. These funds will be used as a partial payment to the Albemarle County Police Department for School Resource Officers. Appropriation of $81,412 in additional Federal Flow-Through Funds. The final figures for Federal FIo-Through funds have been made available to localities. Federal funds were increased due to greater student enrollment and to increased federal per student allocation. As part of the Flow- Through application, Albemarle is reimbursed for salaries of special education teachers and clerical support. The majority of these funds will reimburse our system for additional instructional staffing already in place. A small portion of this increased funding will be utilized to provide 0.5 FTE of additional clerical staffing for special education to meet special education reporting requirements. Staff recommends the Board of Supervisors approve the appropriations totaling $86,929.44, as detailed on Appropriation #98067. By the above-shown vote, the Board adopted the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER: 98067 FUND: SCHOOL/GRANT PURPOSE OF APPROPRIATION: VARIOUS DONATIONS, SAFE AND DRUG FREE SCHOOL GRANT AND FEDERAL FLOW-THROUGH FUNDS. EXPENDITURE CODE DESCRIPTION AMOUNT 1 2212 61001 420100 FIELD TRIP $ 600.00 1 2215 61411 580000 MISC. EXPENSE 25.00 1 2201 61101 132100 WAGES-TEACHER P/T 1,015.00 1 2201 61101 210000 FICA 85.00 1 2114 61101 602000 TEXTBOOKS 545.06 1 2100 61102 112100 SALARIES-TEACHER 56,020.00 I 2100 61102 210000 FICA 4,285.00 I 2100 61102 221000 VRS 7,558.00 1 2100 61102 231000 HEALTH INS. 4,890.00 1 2100 61102 232000 DENTAL INS. 146.00 1 2112 61312 112100 SALARIES-TEACHER 6,333.00 1 2112 61312 210000 FICA 485.00 1 2112 61312 221000 VRS 855.00 1 2112 61312 231000 HEALTH INS. 815.00 1 2112 61312 232000 DENTAL INS. 25.00 1 3107 61101 312700 PROF. SERV.-CONSULTANT 3,247.38 TOTAL $ 86,929.44 REVENUE CODE DESCRIPTION AMOUNT April 7, 1999 (Regular Day Meeting) (Page 4) 000084 2 2000 18100 181109 2 2000 18100 181109 2 2000 18100 181109 2 2000 19000 190214 2 2000 33000 330110 2 3107 24000 240500 DONATION $ 600.00 DONATION 25.00 DONATION 1,100.00 TEXTBOOK FUND 545.06 SP. ED. FLOW THROUGH 81,412.00 GRANT REVENUE-STATE 3,247.38 TOTAL $ 86,929.44 Item No. 5.3. Proclamation designating May 1999 as "Heritage RePertory Theatre Month". By the above-shown vote, the Board adopted the following Proclamation: HERITAGE REPERTORY THEATRE MONTH WHEREAS the arts and humanities enhance and enrich the lives of all Americans; and WHEREAS, the arts, in particular, affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity and community liveability; and WH E R EAS, theatre and dramatic arts specifically teach discipline, creative thinking, teamwork and job skills; and WH E R EAS the Heritage Repertory Theatre has for twenty-six seasons provided the Central Virginia community with quality professional entertainment and opportunities to take part in these educational endeavors; NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby proclaim MAY, 1999, as HERITAGE REPERTORY THEATRE MONTH and call its importance to the attention of all our citizens. Item No. 5.4. Proclamation designating April 18 through April 24, 1999, as the "Week of the Young Child". By the above-shown vote, the Board adopted the following Proclamation: WHEREAS, WEEK OF THE YOUNG CHILD the Central Virginia Association for the Education of Young Children, Children Youth and Family Services, Inc., the United Way Child Care Scholarship Program, and other local organizations, in conjunction with the Virginia Association for Early Childhood Education and the National Association for the Education of Young Children, are celebrating the WEEK OF THE YOUNG CHILD, April 18 through April 24, 1999; and WHEREAS, by calling attention to the need for high-quality early childhood services for all children and families in our community, these groups hope to improve the quality and availability of such services; and WHEREAS, the future of our community and the Commonwealth depends on the quality of early childhood experiences provided to young children today; and WHEREAS, young children are the most precious and valuable resources in our community and the Commonwealth; NOW, THEREFORE, I, Charles S. Martin, on behalf of the Albemarle Board of County Supervi- sors, do hereby recognize APRIL 18 THROUGH APRIL 24, 1999 as the WEEK OF THE YOUNG CHILD in Albemarle County and urge all citizens to recognize and support the needs of young children and their families in our community. April 7, 1999 (Regular Day Meeting) (Page 5) Item No. 5.5. Proclamation designating April, 1999 as Fair Housing Month. This proclamation was adopted under "Other Matters". 000085 Item No. 5.6. Appointment of Mr. Patrick Cornell to the Thomas Jefferson Emergency Medical Services Council. The executive summary states that, with the departure of Mr. Rick Huff from the County of Albemarle, a vacancy now exists on the TJEMS Council. Under the by-laws of the Council, the Board can appoint one member as its representative to the TJEMS Council, replacing Mr. Huff. Representation currently exists from three of the County's volunteer rescue organizations. In order to fill the unexpired term of Mr. Huff, staff recommends the appointment of Captain Patrick F. Cornell, a County career flrefighter and paramedic at the Stony Point Volunteer Fire Company. By the above-shown vote, the Board appointed Mr. Patrick Cornell to the Thomas Jefferson Emergency Medical Services Counci to fill out the unexpired term of Mr. Huff, to expire on December 31, 2000. Item No. 5.7. Western Albemarle Rescue Squad, Inc., Service Agreement to allocate $70,000 from the County's Fire Fund. The executive summary states that the Western Albemarle Rescue Squad wishes to obtain $70,000 from the County's Fire Fund to use for the purchase of an ambulance. A service agreement to provide the terms for the use of the Fire Fund has been executed by Western Albemarle Rescue Squad. Staff recommends that the Board authorize the County Executive to execute the Service Agreement on behalf of the County. By the above-shown vote, the Board authorized the County Executive to execute the Western Albemarle Rescue Squad, Inc., Service Agreement to allocate $70,000 from the County's Fire Fund. Item No. 5.8. Request to proceed with installation of pedestrian/security lighting at the intersection of Old Brook Road and Rio Road East. The executive summary states that the 1983 Board's Lighting Policy offers citizens, staff, and Board members the opportunity to request new lighting projects. The subject project located at the intersection of Old Brook Road and Rio Road was requested Mr. David Bowerman. There is no installation cost involved. The County will be responsible for all future operating costs and funds are budgeted. Estimated annual operating cost is $300. This request will serve the public as these roads are maintained by VDOT. The property owners were all contacted and invited to attend an information session held at Jack Jouett Middle School describing the number of lights, lumens, and location of this lighting project. That public information meeting took place on December 10, 1998, with only about 15 people attending. All of the fixtures to be installed will be fully shielded in compliance with the outdoor lighting requirements (Section 4.17) of the Zoning Ordinance. There were no objections to this lighting project from those attending this meeting. Staff recommends the lighting project proceed into construction this summer. By the above-shown vote, the Board approved the request to proceed with installation of pedestrian/security lighting at the intersection of Old Brook Road and Rio Road East. Item No. 5.9. Resolution authorizing the Department of Fire/Rescue to apply for dry hydrant grants. The executive summary states that the Virginia Department of Forestry and the Department of Fire Programs provide dry hydrant grants for energy conservation and improved fire protection. The program requires that the applicant's governing body authorize the filing of an application. The County Department of Fire/Rescue would like authorization to apply for dry hydrant grants. Staff recommends approval of a resolution authorizing the Department of Fire/Rescue to apply for dry hydrant grants. April 7, 1999 (Regular Day Meeting) (Page 6) 000086 By the above-shown vote, the Board approved the following Resolution authorizing the Department of Fire/Rescue to apply for dry hydrant grants: RESOLUTION WHEREAS, the County of Albemarle Fire and Rescue Division is seeking funding for a dry hydrant grant to be administered jointly by the Virginia Department of fire Program and the Department of Forestry; and WHEREAS, the grant would enable installation of dry hydrants at suitable locations in Albemarle County for the purpose of providing water to extinguish fires as such locations. NOW THEREFORE, BE IT RESOLVED tha the Board of Supervisors of Albemarle County, Virginia, hereby authorizes the filing of an application for the above-described grant and authorizes the Fire and Rescue Division to receive such grant funds for this purpose and perform all acts in connection with the application as may be required. Item No: 5.10. Request by County to participate in VDOT's Revenue Sharing Program. The executive summary states that VDOT's Revenue Sharing Program provides the opportunity for the County to receive an additional $500,000 for road improvements. The program requires a dollar- for-dollar match by the County. The result is a total commitment of up to $1,000,000 toward improve- ments to the local road system. The County has participated in this Program since 1988. The recom- mended Capital Improvement Plan (CIP) for FY 1999-2005 allocates $400,000 for fiscal year 1999-00. The County must formally request participation in the FY 1999-2000 program by April 9, 1999. On file in the Clerk's office is a draft letter of intent to participate in the program. The funds for FY 1999-2000 would be used for improvements to Jarmans Gap Road (Route 691) from Route 240 to Route 684. As noted previously, the draft ClP proposes participation in the Revenue Sharing Program and staff has recommended a total match amount of $400,000 in FY 1999-2000. Staff recommends that the County request the full $500,000. If the total statewide requests exceed the $10.0 million allocated for the program, VDOT will pro-rate the awards to requesting localities based on the percentage overage. It is typical for the total requests to exceed the allocated amount; therefore, the County usually receives less than the full $500,000 awards (over the last eight years the County has averaged approximately $430,000 in Revenue Sharing). Once the grants are awarded by the Commonwealth Transportation Board, the Board of Supervisors can then decide whether to match that full award or a portion thereof. Staff recommends the County participate in the Revenue Sharing Program, requesting a total of $500,000 (to be matched with available County funds) for the Jarmans Gap Road improvement project and authorize the Chairman to notify VDOT of our intent to participate in the program. By the above-shown vote, the Board supported the County's participation in VDOT's Revenue Sharing Program for FY 1999-2000. Item No. 5.11. Monthly Bond Program Report for Arbor Crest Apartments (Hydraulic Road Apts) for the month of February 1999, was accepted for information. Item No. 5.12. Copy of minutes of the Albemarle-Charlottesville Regional Jail Authority Board meeting of January 14, 1999, was accepted for information. Item No. 5.13. Copy of minutes of the Board of Directors of the Albemarle County Service Authority for February 18, 1998, was accepted for information. Ms. Humphris said although she wants to continue to receiving these minutes, she asked the Clerk to remove all attachments and executive session statements. Item No. 5.14. Letter dated April 1, 1999, from Ms. Angela G. Tucker, Resident Engineer, Department of Transportation, to Ms. Ella W. Carey, Clerk, re: transportation matters discussed at the February 4 and March 4, 1999, Board of Supervisors' meetings, was accepted for information. "We offer the following comments regarding transportation matters that were discussed at previous Board meetings. A report regarding the truss bridge on Advance Mills Road (Route 743) has been forwarded to County staff. I am prepared to discuss this issue with the Board. 00O087 April 7, 1999 (Regular Day Meeting) (Page 7) The trailer park on Rio Road (Route 631) can be fenced by the owner as the construction of the curb in this area is complete. We are reviewing the railroad overpass on Polo Grounds Road (Route 643) for full signalization on each approach. This signalization would require a power source and mounting of signal heads on the railroad structure (will need concur- rence from railroad). Approximately $50,000 would need to be funded in the secondary six year plan. We recommend that consideration be given to realign- lng Route 643 with a standard width railroad overpass as traffic continues to increase on this road. We anticipate that full signalization at the current overpass can be installed this year. Grassmere Road (Route 679) is not eligible for the Pave in Place Program. Adequate right of way is available to make the standard improvements of 18-foot width, 2-foot shoulders and 3-foot ditches. The Department has completed a speed study on Porter's Road (Route 627) in Esmont to consider reducing the 35 mph speed zone to 25 mph. Two radar monitoring stations were established and the results follow: One station was located 0.51 mi. north of Route 6. The 85th percentile speed was 41 mph and the 50th percentile speed was 39 mph. Again, 100 percent of motorists were traveling over 25 mph. These results were consistent with previous studies conducted at this location. Study Date Location 85th%ile 50th%lie % Exceeding 25 mph 1/10/90 North of Route 6 42 mph 38 mph 90% South of Route6 39 mph 35 mph 95% 8/21/96 North of Route6 45mph 39 mph 98% As you can see, a reduced speed limit would receive very little or no compliance if installed. By copy of this letter, we are advising the Police Department of this situation. We do not recommend a reduction in speed at this time. The Department has reviewed a request to consider closing the passing zone on Earlysville Road (Route 743 near Sunny Boy Gardens) between Routes 606 and 660. This passing zone is 1,578 feet long (which meets standards for a 45 mph speed limit). There are only two private entrances along this section - one is located approximately 350 feet from the southern end and the other (Haley, Chisholm, Morris/Sunny boy Gardens) is located midway of the passing zone. This is the only passing zone on Route 743 from Charlottesville to Earlysville - a distance of approximately 8 miles. Accident data reveal that four accidents have been recorded within the passing zone from January 1, 1996, to January 1, 1999. Two were single vehicle fixed object and two were rear-end accidents. None was attributable to a passing maneuver. It is important to recognize that on every two lane/two-way roadway we need to provide as much passing as possible. Motorists who are unable to pass for long stretches of roadway quickly become impatient or frustrated. Unless there is documented evidence that passing is a hazard, we are reluctant to close the passing zone at this location. This is based upon the fact that closing a passing zone with this amount of sight distance would only create a hazardous condition. Past experience has shown that closing a passing zone does not necessarily provide the protection that might be expected, and does not prevent motorists from passing when they perceive that sight distance is available for a safe passing maneuver. As you know, motorists entering the main flow of traffic from a side road have the responsibility to yield the right of way. Based upon the information presented above, it is not recommended that this passing zone be closed at this time. We have conducted a review for an All-Way-Stop Condition (AWSC) at Grass- mere Road (Route 679) and Morgantown Road (Route 738). During our analysis, a traffic count was conducted on February 2, 1999, to obtain information regard- ing the requested AWSC. The major traffic flow was recorded on Morgantown Road (Route 738) with an ADT of 662 vpd. The minor flow was Grassmere Road (Route 679) with an ADT of 85 vpd. Based upon those figures and the accident history of two accidents between January 1, 1994, and October 31, 1998, this location does not qualify for the installation of Ali-Way-Stop signs as outlined in the MUTCD. April 7, 1999 (Regular Day Meeting) (Page 8) 000085 Stop signs are used to improve the safety of an intersection by assigning right of way. Compliance with the signs is essential for their effectiveness. Several studies have shown that where unjustified Stop signs are installed there is a Iow level of compliance. In those cases, motorists were observed either rolling or running the signs. When drivers do not believe that a restrictive sign accurately reflects conditions, they often disregard the sign. During the field investigation, it came to our attention that the Curve Warning signs on each approach to Route 679 are installed with a supplemental advisory speed plate of 30 mph. According to the Manual of Uniform Traffic Control Devices (MUTCD), any advisory speed plate of 30 mph or less should be in- stalled with Turn Warning signs. We are, therefore, installing modified Turn Curve signs as indicated on the attached sketch. The Department has reviewed Northfield Road (Route 1427) and Old Brook Road (Route 652) for restriping of the pavement to include bike lanes. Edgelines will be installed on Northfield Road to allow for a 4' paved shoulder, which will serve as a shared pedestrian/bike facility. Because of the variable width pavement and parking along Old Brook Road, the Department does not recommend the installa- tion of edgelines. Carrsbrook Drive (Route 854) will be restriped with wide center and edge lines to better delineate the travelway. A design public hearing for the Mclntire Extension project has been scheduled for Thursday, May 27, 1999, from 5 pm to 8 pm at Charlottesville High School. Agenda Item No. 6. Approval of Minutes: March 13, 1996; June 18, July 2 and December 10, 1997; March 23, June 17, August 19 and December 9, 1998; and February 17, 1999. Ms. Humphris said she read the minutes of June 18, 1997, and approved them with a few typographical corrections. She also read the minutes from July 2, 1997 - pages 1 to 16, and approved them with one typographical correction. Mr. Perkins said he read the minutes of July 2, 1997 - pages 16 to end, and approved them as read. Ms. Thomas said she read the minutes of December 10, 1997, and approved them with typographical corrections. She also read the minutes of February 17, 1999, and approved them as read. Mr. Bowerman said he read the minutes of March 23, 1998, and approved them with one typographical correction. Mr. Perkins said he read pages 17 and 18 of the March 23, 1998 minutes and approved them as read. Mr. Martin said he read the minutes of August 19, 1998, and approved them with a few typograph- ical corrections. He also approved the minutes of December 9, 1998 as read. Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to approve the above minutes of June 18, 1997, July 2, 1997, July 2, 1997, December 10, 1997, February 17, 1999, March 23, 1998, and August 19, 1998, some with a few typographical corrections. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 7. Transportation Matters. a) Discussion: Advance Mills Bridge, Route 743. Mr. Benish said the Route 743 bridge over the North Fork Rivanna River in Advance Mills is in need of general maintenance. Maintenance needs include: a new deck, repainting, rail replacement, repair of a cracked abutment, and placement of rip-rap to address scouring problems around a support pier. Due to the estimated cost and life expectancy of these repairs ($175,000 to $200,000 and 10 to 15 years), and the age and design of this structure, the Board is requested to provide VDOT direction as to how to address the long term future of this structure. There are three possible options to address the condition of the bridge: Continue general repair and maintenance of the existing structure to maintain the existance of the bridge and setting; April 7, 1999 (Regular Day Meeting) (Page 9) OO00 9 Construction of a new bridge (full replacement), either on a new alignment or the existing alignment. Various design option are available, except for steel truss construction (like the existing structure); and Closure of bridge for vehicular use with no replacement structure. This would eliminate vehicular access on Route 743 through Advance Mills. This option has not been given serious consideration at this time. The Advance Mills area is not in or near an area designated for future development. Therefore, significant traffic increases are not anticipated other than possible increases in through traffic patterns from Greene County. The bridge currently has a weight limit of eight tons, which is insufficient for some emergency and construction vehicles. Repair of the existing bridge would not significantly increase the weight limit. The bridge itself has been surveyed for historic register eligibility. The County's Historic Architectural Survey of Albemarle County Villages (October 1995) states that the bridge is "one of the best-preserved metal truss bridges in Albemarle County (p.6-21)." It, along with the dam, mill race, and old country store make up the focal point of the Advance Mills community. Over time, there has been concern expressed by residents of the community about the possible loss of the bridge and potential changes to the area from new bridge construction. Mr. Benish said VDOT recommends that a new structure be considered in this case, due to the need for continual expensive maintenance, possibly over an ever shortening time frame. However, County Planning staff recommends that maintenance be undertaken at this point in time to shore up the structure and extend its useful life. This will serve to maintain structure and the general character of the area for an additional ten to 15 additional years. At that time, the County and VDOT can re-evaluate the condition of the bridge and traffic demands to determine the best solution. Ms. Humphris asked what needs to be done to have the bridge designated as a historic site. Mr. Benish said the County could make a request to ihe Department of Historic Resources. He did not know whether the state had to be a party to the request. Ms. Humphris asked that staff pursue historic designation. She said the County should pay for repairs and maintenance for the next 15 years. (Note: Mr. Martin left the room at 9:33 a.m.) Mr. Bowerman said the bridge is one of the few like this left in the County, and that it is worth preserving. He asked Ms. Tucker whether VDOT could maintain the bridge indefinitely, and whether there are things that could be done to protect it. Ms. Tucker said it is technically possible to maintain the bridge, but that it is cost-prohibitive. It would be cheaper to erect a new bridge. IfVDOT agreed to maintain the bridge, there would have to be a financial agreement with the County. Mr. Bowerman said it does not make sense to maintain the bridge if it is going to be replaced. If the County pursues historic designation, however, it should fund the maintenance. Ms. Tucker said since on the bridge is in the secondary road system, it is considered a local system, so the decision is up to the County. She will support the proposal. (Note: Mr. Martin returned at 9:36 a.m.) Mr. Perkins distributed photographs he had taken of the bridge. There are cables added for strength, so it could stand there for a long time unless the superstructure is damaged. He wanted to know if the bridge would be set aside if it received historic designation, and a new bridge built. He was concerned about how a new bridge would affect the community. Ms. Tucker said a new bridge would be completely different and in a new location. Mr. Bowerman said that would change the character of the community. Mr. Tucker said staff is proposing retrofitting for now. It is hard to estimate future costs, but the County could maintain the bridge unless it was damaged beyond repair. In the future there will be a better estimate of what it would cost to maintain the structure. Mr. Bowerman said a study should be conducted now. Ms. Tucker said repairs must be done within the next two years to extend the life of the bridge for the next ten to 15 years. Costs would be paid from a maintenance/replacement budget, and it will be necessary to close the bridge for approximately two months to make the repairs. This should not present a problem since there are other roads that access the area. Mr. Perkins offered the motion, seconded by Mr. Bowerman, that the County pay for mainte- nance to the bridge over the North Fork Rivanna River in Advance Mills to shore up the structure and extend its useful life for the next ten to 15 years. Staffwas requested to provide an analysis of the cost over next two to three years, as well as other available options. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. April 7, 1999 (Regular Day Meeting) (Page 10) O000SO Mr. Benish said Planning staff will pursue historic designation of the bridge, at the Board's request. He also noted that some vehicles crossing the bridge are overweight, and he said his staff will look into better enforcement of the weight limit to help prolong the life of the bridge. b) Discussion: Proposed Route 29 Bypass, 4(f) Review for Jogging Trails at Jack Jouett and Greer Schools. Mr. Benish said that on February 18, 1999, VDOT forwarded for the County's review and comment the Section 4(f) Evaluation (on file in the Clerk's office and a permanent part of the record) of a trail located near Jack Jouett Middle School that would be impacted by the route of the proposed Route 29 Bypass. "The U.S. Department of Transportation Act of 1966 (23 U.S.C. 138 and 49 U.S.C. 303), Section 4(f), requires that no publicly owned land from a public park or public recreation area:::be used for federal- aid highways unless there is no prudent and feasible alternative." Furthermore, "alternatives to avoid use of Section 4(f) properties and measures to minimize harm to them must be considered." The County has been requested to provide comment on or about April 19, 1999. Planning staff and Parks and Recreation staff have presented their comments to the Board. A number of areas are noted where the evaluation seems to be deficient or does not accurately reflect existing conditions and potential consequences of the Bypass on the trail system and larger school complex, including other recreation facilities. Of particular note is the absence of any evaluation of the trails behind Greer School, lack of recognition for the extreme importance of the trail areas as a natural, wooded resource in close proximity to the County urban area, and a minimization of the potential air and noise impact of the Bypass and the avoidance alternatives. It should be noted that the need for this evaluation at this time would be avoided if the Bypass project were planned in accord with the original agreement of the City, County and University which called for the construction of the all other northern urban area CATS projects, including Meadow Creek Parkway and three interchanges on Route 29, and then subsequent assessment for the need for the Bypass. As is well known, the Meadow Creek Parkway has never been built and the interchanges were removed from the Six-Year Primary Road Plan. Furthermore, the original Sveredrup Environmental Impact Statement (ELS) identified an expressway in the Route 29 corridor instead of the proposed Bypass as a less environmentally impacting alternative which, of course, would have prevented the necessity for this evaluation. The Board was asked to review, modify as necessary and endorse staff comments as the substance of the County's response to this 4(f) evaluation. After this review, the County Attorney's staff will work with other staff members to draft a final submittal document to be submitted to VDOT. Following a short discussion, it was the consensus of the Board to allow limited public comment. Mr. Bowerman said Mr. Davis said staff reports clearly document the use of the playing fields and trails, but the documentation does not necessarily preclude VDOT from moving forward with the project. He thought the Board should legally and specifically approach the matter using staff comments in a manner that addresses the technical requirements of 4(0 to deal with minimizing the damage that will be done if the project moves forward. Mr. Davis said one critical element in 4(f) is determining whether there are prudent and reason- able alternatives to the design, and what mitigation steps can be taken. VDOT has made the determina- tion that none of the alternatives, except number ten, are feasible or satisfy identified transportation needs. It focused on variations of an alternative number ten. Staff examined the options, and none are attractive alternatives to the location that goes through the recreational facility. One major premise of the ElS was the plan to sequence the improvements. Since sequencing has been abandoned, there is a strong argument that the plan is flawed. Perhaps there are other feasible alternatives now that would not impact 4(f) properties. The challenge is to highlight the importance of the recreational facility and point out there has not been an analysis of feasible alternatives. Mr. Martin asked if that meant VDOT would have to look at the original alternatives. Mr. Davis said if one accepts the fact that the analysis of this property was not in the ElS, and the sequencing assumption is no longer valid, that would open up a new look for all feasible alternatives. If the underlying assumptions of the ElS have changed, then the ElS is flawed. Ms. Thomas said she was concerned about the amount of asphalt that would be near the reservoir. She asked if there was an ElS done for the new northern terminus. Mr. Davis said that was not envisioned in 1993. An alternative number ten route was analyzed in general, but not that derivation. Ms. Humphris said that was not done, and that was why the Board issued a resolution against the Bypass. The Bypass would be to close to the reservoir and its water supply. Mr. Davis said the Board should also focus on the fact that the resource is not just the trails; it includes the athletic complex. If the proximity impacts the athletic complex so severely that features are impaired, that would be considered a constructive use. It would be the County's position that the closeness of the Bypass would impair the facilities from an aesthetic standpoint, as well as noise and fumes, so it would be negatively impacting viable recreational facilities. VDOT did not consider this. It said they could erect a bridge over the facility with no impact on the facility, but that is not acceptable to the County. April 7, 1999 (Regular Day Meeting) (Page 11) Mr. Benish said four schools would be impacted, in addition to the recreational facility. He asked if staff should be addressing the impact on Agnor Hurt. Mr. Davis said they should, as that is a constructive use not addressed by VDOT. Mr. Perkins asked about the prep school that was under construction. Mr. Davis said one alternative would go right through that building. The prep school might not be considered a 4(f) resource, and, since the school was begun after the alignment was chosen, VDOT may say it was a chance the owners took. Mr. Martin then opened the discussion to the public. Ms. Deborah M. Murray, Attorney for the Southern Environment Law Center, said she represented the Piedmont Environmental Council and the Sierra Club. She said the route impacting the 4(f) property violates Federal law. She had submitted comments to VDOT and distributed a copy of her comments to the Board (on file in the Clerk's office and a permanent part of the record). She said an ElS was not prepared on the change to the northern terminus. VDOT prepared an ElS, and found no significant impact to justify the environmental impact statement. School recreational facilities are protected under Section 4(0, and that evaluation was not conducted. 4(f) prohibits the use of some public recreational facilities unless there are not feasible alternatives. That includes directed and constructive use that impacts the original use of the facility. VDOT denied allegations that the school recreational facilities were 4(f) property; they later conceded Jack Jouette trails are 4(f) facilities, and initiated the 4(f) evaluation. She said the evaluation is not adequate, because it only looks at the Jack Jouette trail. All are part of the parks and recreation system, and all needs should be considered. Secondly, the bypass would take parts of the trails and come so close to them that they cannot be used as intended. This would be a constructive and direct use. Third, VDOT cannot proceed unless there are no prudent or feasible alternatives. VDOT's conclusion that there is not, is faulty. Assertions are based on the prior EIS, and it should be reexamined since the project has fundamentally changed from the original one addressed in the ElS. Mitigation measures would be completely ineffective. The Bypass would change the nature of the area, and she asked that it not be built. Ms. Humphris said the lack of an ElS on the changed northern terminus is the point at which VDOT ignored the Brookhill property, which is eligible for historic property designation. Mr. George Larie, representing the Charlottesville-Albemarle Transportation Coalition, said the Coalition had prepared extensive comments about the 4(0 evaluation, because it is replete with errors and omissions of fact, and it is self-serving to VDOT's purposes. Copies were sent to the National Park Service, Ms. Wilkerson, and the Department of the Interior. Mr. Larie said VDOT says there are no alternatives, but that is not true. Widening of Route 29 with three grade-separated interchanges would produce a level of service on Route 29 which is acceptable by anyone's standards. The Department of Forestry, the State Water Control Board, the Department of the Army, and the Piedmont Environmental Council all recommended the Base Case with these interchanges. The EPA and the Department of the Interior recommended alternative nine, which was the expressway. The ElS says unequivocably there are no threatened or endangered species that would be affected by any of the alternatives, the selected alternative takes no agricultural forestal land, and alternative ten would have no negative environmental impacts. Mr. Larie said all those statements are incorrect. The 4(f) evaluation only addresses the impact to Jack Jouett School; in fact, it affects the entire complex. There have been broken agreements on sequencing. The MPO has recommended banning Federal construction funds from the Bypass until VDOT adheres to their agreements. The 4(f) legislation addresses more than the trails. Parking in back of Jack Jouett School is immediately adjacent to the trails. There are trails behind Greet Elementary School, and they are, contrary to VDOT's assessment, beautiful and of consequence. Noise and pollution would adversely impact the trails and athletic fields. The suggestion of an 1800-foot bridge over the area is ludicrous. Some of the proposed alternatives would move the road into the Agricultural/Forestal District, which is not permitted, unless there is approval by the Board, or through court. His group agrees with the constructive use argument presented by others. The aesthetics would be completely destroyed in the area. Ms. Humphris thanked Mr. Larie for his information, including photographs which show the beauty of the area. The Bypass would run into athletic fields, and this would impact children. Mr. Bowerman said he appreciated the tour that he was provided, which showed the proposed impact on the area. Mr. Larie said the most disturbing thing is that most people have no concept until they actually visit the area and begin to understand the rural landscape will be destroyed. Whether someone is a resident of the City or County, what happens on the 4(f) evaluation impacts everyone. The Bypass will negatively impact or destroy the area's water supply. Mr. Paul Grady said he spoke to the MPO. He has been a supporter of the Bypass for ten years, but thinks the corridor selection and ElS are flawed. When VDOT originally selected the corridor, it was made much too narrow, and he thinks it should be wider. He suggested the road be on the east side of Still House Mountain and much closer to the eastern edge of the watershed, and that it should go under Albemarle High School property, with a parking garage built over it. At this time, Mr. Martin closed the public discussion. April 7, 1999 (Regular Day Meeting) (Page 12) OOOO92 Ms. Humphris commended staff on their evaluation. The County Attorney is now working on a final document. Mr. Benish said staff focused on inaccuracies, and that additional public comments are helpful. He will try to document the new information. Ms. Humphris said she hoped City Councilors take a tour of the area as well. c) Other Transportation Matters. Ms. Tucker said VDOT hopes to award a contract for the Rio Road guardrail installation within the next two weeks. They have been asked to hold off closing Rio Road until June 11 due to school snow make-up days. Incentives have been made to the contractor to speed up completion of the work, and the completion date is targeted for August 14, 1999. If the weather cooperates, the project will be completed in six weeks' time, half of what was anticipated. Mr. Tucker asked how the public will be notified of the closing of Rio Road. Ms. Tucker said VDOT will hold a press conference to provide information, and have been working with Ms. Lee Catlin and the press. She has been working with the City to coordinate traffic lights so they are all in sequence with each other. VDOT will put electronic message boards in place at least one week in advance. VDOT will pay for any overtime required by County and City police covering intersections during peak hours. Mr. Martin asked how people living on Rio Road will access their property. Ms. Tucker said the project will begin south of Stonehenge and end north of Brookway. There will be a detour for the residents, and local neighborhoods will handle local traffic changes. The City has suggested multi-stops be installed at every affected interchange. Mr. Bowerman commended VDOT on the way they are dealing with the impact on traffic during the road closing. Mr. Bowerman said lights will be installed at Penn Park as part of the project. He then asked about crosswalks. Ms. Tucker said they have not be planned yet. Mr. Benish commented that the private school in the area will install crosswalks. Mr. Bowerman said at least two lanes of traffic have to reach Melbourne Road. Ms. Tucker said expansion of the roadway to Melbourne Road will not occur before the summer of 2001. Mr. Tucker said that project is not in the proposal, and Mr. Marshall asked what the Board can do to make it a reality. Ms. Tucker said the public is in support of a four-lane divided corridor, and it will be discussed at a public hearing. Ms. Humphris said the Board could encourage people to attend the public hearings. She said most of the community understands the importance of that artery, especially since it is planned to include pedestrian and bike lanes. Mr. Tucker said the project could be included in a bond issue. Ms. Humphris said if a bond referendum passed, the project could begin immediately. Mr. Tucker said first the County would have to obtain rights-of-way. Ms. Tucker said the County could build its part if the Commonwealth Transportation Board approves it. Mr. Tucker said he thought that Board was reluctant to do so unless the entire roadway is built. He suggested a connector road similar to the one at Mill Creek. Mr. Benish said the Planning Department is involved in preliminary discussions on Rio Road. With by-right development, the County has limited control, but can encourage developers to hold off on expansion in the area whenever possible, until a decision is made on the Meadow Creek Parkway. Ms. Humphris asked about the discrepancy on Georgetown Road spot improvements and postponement of sidewalk construction in the CIP. She also asked Ms. Tucker to contact Dr. Hoell of the Georgetown Road Task Force. Mr. Benish said that, of all the projects submitted, this was the one that could do without funding, because staff thought the full cost might be absorbed by VDOT. Ms. Thomas noted that the approved revenue sharing item was included in the consent agenda. She asked if that meant the work on Jarman's Gap Road has been moved up. Mr. Benish said that is the current schedule. Ms. Thomas said it is important to push for road improvements in development areas. Mr. Benish said the schedule might change in future Six-Year Plans. Mr. Perkins requested that guardrails be installed on Route 250 West, across from Duners Restau rant. Ms. Thomas said guardrails on Tollman Road were installed too close to the intersection, causing drivers to have to move out into the intersection in order to see to the west on Route 250. Ms. Tucker said VD©T has also received complaints and will consider adjusting the guardrails. Ms. Thomas asked about signs near Bellair. Ms. Tucker said construction will begin in that area within the next month. April 7, 1999 (Regular Day Meeting) (Page 13) 00009;:.3 Ms. Thomas asked about the Route 250/Route 29 Bypass going south. She said there is always a traffic backup, and the acceleration ramp onto the bypass causes merge problems. Ms. Tucker said VD©T proposed putting a curb in the guardrail area. There is no ability to widen that stretch of road, but VDOT could "beef out" the pavement in an urban section instead of the shoulder section, and blend the acceleration lane into the deceleration lane into Barracks Road, creating an additional third lane. This could be a primary improvement. They are doing the same thing at the end of Fontaine Avenue. Mr. Tucker said that creates a weaving problem, which could lead to accidents. Ms. Tucker said VDOT is examining the coordination of traffic signals, particularly those for traffic headed north. (Note: Mr. Bowerman left the room at 10:53 a.m.) Ms. Thomas said she wanted to discuss traffic calming on Grassmere Road with Ms. Tucker at a later time. Ms. Tucker said she would be happy to meet with neighbors to discuss the matter, and added that VDOT could consider the speed limit, if that is a problem. (Note: Mr. Bowerman returned at 10:57 a.m.) Ms. Humphris said she has received telephone calls from an angry resident regarding tree cutting at Bellair. She asked Ms. Tucker to look into this. Mr. Bowerman said VDOT's part of the curbing has been done in front of the trailer park on Rio Road. He said staff now needs to get their part done. Ms. Tucker said rights-of-way have been staked. Property owners need to move forward. Mr. Bowerman asked VDOT to limit parking to only one side of Old Brook Road, allowing bike lanes on the other side. He also asked Ms. Tucker to look at the cost of enlarging a narrow section of road to accommodate bike lanes. Ms. Tucker said she would provide a sketch to be used in discussions with residents. Mr. Marshall said VDOT dug out a creek across from the entrance to his farm, and he is experiencing runoff problems. Ms. Tucker said she would look into the matter. Agenda Item No. 8. First Night Virginia Funding Request. Mr. Tucker summarized the executive summary, which stated that, due to this year's First Night Virginia Millennium celebration, First Night Virginia is requesting one-time funding in the amount of $21,000 from the University of Virginia, the City of Charlottesville, and Albemarle County. This funding is to be used for additional tents to accommodate the record crowds that are anticipated for the Millennium celebration. Each jurisdiction is being asked to contribute $7,000 to accommodate this request. The request was not submitted for review during the normal budget review process; however, Mr. Tucker said if the Board wished to fund it, there are adequate funds available through the Tourism Fund for this fiscal year. Mr. Bowerman said everything is directed downtown. He believes the County wants to partici- pate, even if not as an equal partner. Ms. Thomas said it would have received a better response if the group had waited until later to make the request. She thought this would be a good use of Tourism Funds. Ms. Humphris agreed that this was a good use of Tourism Funds. However, she asked if there is any danger of tents collapsing, creating liability concerns. She is also concerned about volunteers trying to control such a large crowd. Mr. Strohs said First Night Virginia did not intend to come to the Board, the City or the University; they had wanted to work directly with the Tourism Fund. However, there was not enough lead time to do this. He said American Tent is a company that is used to dealing with very large tents, much larger than what First Night wants to use. They have agreed to provide two of their attendants to ensure safety. In addition, there will be much more volunteer training than ever before. Tents will be put up early, and will be heated days ahead of time to keep them safe in bad weather. Mr. Perkins asked if it this could be a loan to be paid back. Mr. Strohs said last year the group lost money, and this year they will not have funds available unless they have a surplus at the end of the year. He agreed the money could be treated as a loan to be paid back in equal portions to the County, the City, and the University, if funds are available. 0000 4 April 7, 1999 (Regular Day Meeting) (Page 14) Mr. Bowerman suggested First Night Virginia use the third floor of the parking garage instead of the top floor, in case of inclement weather. Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve one-time funding to First Night Virginia, in the amount of $7,000, to be used for additional tents for the Millennium celebra- tion. These monies are to be considered a loan, and First Night Virginia is to repay these funds in equal portions to the three entities, if funds are available after expenses. Roll was called and the motion passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 9. Appointments. The Board advised the Clerk to readvertise the vacancy on the Public Recreational Facilities Authority. Ms. Humphris moved that the Board reappoint Ms. Jacqueline A. Rice and Mr. Kenneth O. Lee to the Library Board with said terms to begin July 1, 1999 and to expire June 30, 2003. She also moved that Mr. Dwight T. Colley be reappointed to the Region Ten Community Services Board with said term to begin July 1, 1999 and to expire June 30, 2002. Mr. Bowerman seconded the nominations. Roll was called and the motions passed by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 10. Other Matters not Listed on the Agenda from the Board. Mr. Perkins said Mr. Phil Bradley, sole survivor of Piedmont Flight 349 that crashed in the Blue Ridge mountains in 1959, hopes to build a monument at Mint Springs Park. He has not requested funds, but asked the County for its assistance in erecting the monument. It was the consensus of the Board that Parks and Recreation staff work with Mr. Bradley on this project. Mr. Perkins said he was glad to see information on the Y2K issue sent out with tax bills. Ms. Thomas said the supportive material on the antenna through the cellular tower near State Farm is bright shining metal. She asked staff to find out if conditions stipulated that the pole could not be that color, and to ask the owner to paint it a rust color. Ms. Humphris said she saw a tray liner in Lowe's store recently, put out by the Jefferson Fire & Rescue, which listed phone numbers and other information on volunteer companies. Agenda Item No. 11. Executive Session: Legal Matters. At 11:22 a.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 property for a school site; and under Subsection (7) to consult with legal counsel and staff regarding pending litigation regarding a landfill, and regarding a specific legal matter relating to a probable claim against the County, a specific legal matter relating to the transition of the City of Charlottesville to town status, and a specific legal matter relating to a taxation issue. Ms. Humphris seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 12. Certify Executive Session. At 2:25 p.m., motion was immediately offered by Mr. Bowerman, seconded by Ms. Humphris, that the Board certify by a recorded vote that to the best of each Board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the executive session were heard, discussed or considered in the executive session. Roll was called and the motion carried by the following recorded vote: April 7, 1999 (Regular Day Meeting) (Page 15) 0'00095 AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 13. Recess. Ms. Humphris made the motion, seconded by Mr. Perkins, that the Board recess until 7:00 p.m. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, and Mr. Marshall. NAYS: None. Agenda Item No. 13. 7:00 p.m. - Reconvene in the Auditorium. Agenda Item No. 14. Call to Order. Mr. Martin reconvened the Board at 7:05 p.m. All Board members were present. Agenda Item No. 15. PUBLIC HEARING to receive comments on Recommended Operating Budget for FY 1999-2000. (Advertised in the Daily Progress on March 28 and 30, 1999.) Mr. Tucker said the budget is a road map or fiscal plan of where the County wants to go in the future. It reflects many of the responsibilities that local governments must accomplish, as well as the priorities of the community. The County's largest sources of revenue are property taxes. Real estate taxes account for $42.0 million, or 29 percent of total County revenues. Personal property taxes account for $20.5 million, or 14 percent of total County revenues. Other sources of revenue include: sales, meals, business taxes, utility taxes, fees, etc. State revenues are up over 13 percent this year, including $924,000 in law enforcement funds and $1.4 million in lottery profits. It has been a good year for the state. It is hoped these funds will be ongoing, but they may not, if the economy declines. The largest expenditures for the County are School operations and Local Government. School operations account for $82.6 million in regular operations, $7.3 million in self-sustaining operations', and $8.5 million in debt service for a total of $98.4 million, or over 67 percent of the total budget. General Government accounts for $39.3 million, or 27 percent of the total County budget. Revenue sharing with the City of Charlottesville totals $5.9 million, or four percent of the total County budget. The population of the County is growing at 2.3 percent annually, resulting in about 1,600 to 1,800 people per year. Future growth is predicted at 2.1 percent annually. Enrollment at County schools has been 2.3 percent per year. Enrollment is expected to grow at 1.6 percent each year for the next five years, and will impact buses, teachers, and classroom size. There are expected to be 12,205 students in the FY 2000. With an increase of 200 students per year, a new elementary school will be needed in three years. A $150,000 home generates $1,080 in property taxes, which cover only 16 percent of the $6,770 cost of educating one child in County schools. The number of children in foster care has increased from 30 in 1988 to over 300 in 1998, an increase of 400 percent over ten years. Public safety needs include firefighters, community policing (including traffic enforcement), jail expansion, and the ECC facility. Mr. Tucker said next week the Board could adopt the operating budget and the proposed tax rates. He invited the public to log onto the County's website or send an E-mail to Supervisors to obtain further information. Mr. Martin then opened the public hearing. Mr. Eric Strucko congratulated the County Executive's office, the School Board, and employees for developing a respectable budget. The County benefited from a revised revenue forecast to help fund initiatives without increasing tax rates. He is concerned about the County's needs over the next few years. As growth continues in the rural areas, there will be a need for increased services and tax rates. Each new resident contributes only $1,100 in taxes, but uses $4,000 in services. He said the County must enact sound growth management policies to avoid increasing taxes or reducing services but little has been done thusfar. He said purchase of development rights (PDR's) is one small step in the right direction. By his estimates, if the County had reduced growth by one-half, it could have increased teachers' salaries from four to six percent, renovated schools, added a school music program, added one police officer, etc., while keeping taxes constant. Mr. Jim Gillespie, External President of the Agnor-Hurt Parent Teacher Organization, said the Board has met one-half of the School Board's budget. He said the school financing system could stand improvement, but that will hopefully come. He said he was not an advocate for teachers. Schools have April 7, 1999 (Regular Day Meeting) (Page 16) OOO09 ; personnel issues that higher salaries will not solve. Education is a labor-intensive effort where people add most of the value. It is not reasonable to expect teacher compensation to grow at the same rate as the cost of living; it should grow at the rate of average per capita income. Reverend Peter Way said he is becoming more cynical and opposes reckless spending in the budget. County agencies and boards should submit an unbalanced budget. He said they will stonewall the public and provide as little information as possible. He thinks the Board should release monies set aside for PDR's, as the program is ill-conceived, and the government should not be in the real estate business. The County could hold the School at its original budget without depriving students. He felt the position of spokesperson for the County should be eliminated, because Board members and department heads can speak for themselves. It is not government's place to fund that .position and the programs it generates. The County could realize immediate savings of over $2.0 million by doing this. He is also concerned about the current controversy with fire and rescue operations. Ms. Elizabeth Way provided examples of what she said considers frivolous spending. She said the County is losing $10,000 at this time because the public is not interested in taking advantage of a middle school after school program. The County should do away with stipends, such as one for school climate care, and one for the Share Coordinator, a social committee coordinator responsible for organizing staff social events. If the Board examined all spending, it could save a great deal of money. She suggested there were many services provided that taxpayers did not ask for. The County should eliminate the public relations position since Board members should be able to speak for themselves. She also recommended that the Board hold town hall meetings once a month in each district. Mr. Harold Pillar expressed concern over an item referred to as "other" in the budget. He asked how the Board analyzes this item, which totals $27.0 million, or 30 percent of the budget. He said the City of Charlottesville has a $5.0 million surplus, which is the same amount the County gave them in revenue sharing. Taxation is legalized theft. Parents do not need a string orchestra. The average property tax in Scottsville is $800 per person, even though they have few children in the school district. Mr. Paul Wright said there should be a public hearing on salaries, as they are the largest variable expense in the budget. A recent salary study does not conclude that a four percent increase was necessary, although staff said it was reasonab!e. He said that, when questioned last year, none of the Board members knew how the "three percent" figure was determined. He objected to the emphasis being placed on what was not funded, instead of on what was funded. Ms. Martha Harris said there is a Iow turnover rate of County teachers and a good applicant pool. She also said it was hard for her to obtain information on the budget, and she complained that staff hides behind the Freedom of Information Act. She asked for nine items from Human Resources, and was only provided her with information on four of those items as of late this week. Mr. Robert Hauser, Chairman of the Charlottesville/Albemarle Regional Chamber of Commerce, said the Chamber's Legislative Action Committee examines local budgets. He thanked the Board and staff for sharing information on the budget. He said Mr. Chris Lee, also of the Chamber, followed the school budget to examine revenues and unfunded priorities. Their focus is to foster long-term cooperation and facilities with the City and other jurisdictional groups. He said sharing resources would reap benefits for all involved, and he suggested the following services be shared: parks and recreation; transportation services, social services, fire and rescue, police, school facilities, and school programs. The Chamber hopes that, through the efforts of the League of Women Voters and others, to discourage duplication of services that put pressure on governments. He asked the Board to resist the temptation to fund new initiatives that might preclude joining with the City. Mr. Chris Lee, Chair of the Chamber's Budget Subcommittee, said he monitors and studies budgets of local jurisdictions. He thanked County Executive staff for providing him with budget informa- tion. He suggested the following changes to the budget presentation to make it more citizen-friendly in the future: 1) the budget process should be ongoing throughout the year; 2) the public hearings should be televised and summarized in local papers and advertised on the Internet; 3)) the presentation should show actual revenues and expenditures, not just the net of offsetting revenues; 4) a full description of projects not in the current budget, but which are forthcoming, should be included; 5) the presentation should provide detailed budget information on responsibilities and staff salaries; and 6) annotation of mandated spending from State and Federal governments so that time is not spent reviewing initiatives over which no one has control. Mr. Bowerman asked Mr. Lee to define an "on-going process". Mr. Lee said the budget information was distributed only one week prior to the first public hearing. By the time the public has time to review the data, the budget process is nearly over. The budget is a yearlong process, so the public should be invited to participate. Mr. Tom Loach said that a deal was struck to reach a lease with the old Crozet School building. The community had asked for a feasibility study to be done. The community is interested in this building, because recent development in Crozet means schools will be overcrowded. The County paid in excess of $.5 million in repairs to make the building usable for Crossroads School. He asked why the County spent this money if they do not even know if it will be used. The price tag for a complete list of repairs is April 7, 1999 (Regular Day Meeting) (Page 17) 000097 unknown at this time, so the project could be potentially expensive. This means the County is subsidizing private education. He added that the School Division's budget should be fully-funded. Mr. Vernon Fisher suggested the public be surveyed to find out what they want their money spent on, and he provided a list of possible questions. He said Board members should be able to answer all the questions. He also supports the Chamber's request for a longer budget process. He has a petition containing 700 to 800 signatures from citizens who want changes made to the budget process. Mr. George Bailey said the County should reduce all departments' budgets by one percent. He asked why the County Attorney and County Executive are paid over $500,000 each per year. He also said Board members are paid too much. He said he pays $8,000 per year in taxes, but does not receive any County services. He asked what the Department of Information Services does. Ms. Humphris explained that they maintain the County's computer system. . There being no other public comments, Mr. Martin closed the public hearing. Agenda item No. 15. PUBLIC HEARING on FY 1999 Tax Rates. (Advertised in the Daily Progress on March 28 and 30, 1999.) Mr. Tucker said staff recommends leaving the tax rate at 72 cents per $100 for real estate and mobile homes and $4.28 per $100 for personal property. Mr. Martin opened the public hearing. With no one rising to speak, Mr. Martin closed the public hearing. Mr. Martin said there were lots of comments at the first public hearing. People do not often come to the work sessions. The Board addressed most of the issues brought up at the public hearing during the work sessions. He added that the BOard is a diverse group who do not always see eye-to-eye. Mr. Marshall said the County needs to maintain the Crozet School building so it does not end up dilapidated like the Greenwood School. The building can be used by the County in the future. Mr. Perkins said these discussions began with the Property Committee, a recommendation was made to the Board; a public hearing was held, and the County Attorney reviewed the lease. He said the building is being well- used. Mr. Bowerman said Mr. Loach made good comments during the public hearing, and the Board needs to make a commitment to determine the future use of the school building before spending large sums of money. Ms. Humphris asked staff to follow-up on comments made by the public. Agenda Item No. 16. Adjourn. With no further business to come before the Board, the meeting was adjourned at 8:05 p.m. ~'hairman Approved by Board Date '~l ?. ~¢/