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1999-05-05May 5, 1999 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 5, 1999, at 9:00 A.M., Room 241, County Office Building, McIntire 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 9:04 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. Mr. Kevin Cox, a resident of the City, speaking as an individual, was present to speak about the portion of Phase I of the Meadow Creek Parkway which lies in the City. He encouraged the Board to work with City Council and VDOT to find a way to replace the 14 acres in McIntire Park that needs to be used to create the Parkway. It would not need to be acre for acre, but some land to expand the walking trails that many residents enjoy using. He suggested passing a resolution saying the county will work with VD©T and find a way to ameliorate this problem. He realizes that at this time, that portion of the Park is not used very much. There are plans for that land, and the land has potential. He would hate to see that potential lost. Mr. Bowerman said he believes Mr. Cox is speaking about land that will not be used for the actual roadway. Ms. Thomas said the Board made a formal statement at the Preallocation Hearing in Culpeper. It was also an MP© statement, but the Board could go further if that seems to be appropriate. Ms. Humphris said when the Board goes to Culpeper to the Preallocation Hearing, the VDOT people sit there and listen, but they never respond. She said there needs to be cooperation by VDOT in order to do this. She does not think there is a problem with the Board and Council coming up with something, but VDOT has to be a willing participant. Mr. Tucker said Mr. Cilimberg has some information to give the Board this morning under "transportation matters." Some land has already been identified that could be utilized. Agenda Item No. 5. Consent Agenda. Motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to approve Items 5.1 through 5.10a and to accept the remaining items on the Consent Agenda as information. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphr[s, Mr. Marshall and Mr. Martin. NAYS: None. Item 5.1 ZNLA-98-27. University of Virginia Research Park at North Fork (deferred from April 14, 1999). Ms. Humphris said all of the Board members went out to the site to see the lighting problem at PRA at the North Fork Research Park after the hearing on April 14. The language for approval was included in the Board's packet today, which is to ~reduce the building setback from fifty feet to ten feet along internal public road rights-of-way." She has a question, but it is not about that recommendation. Now that the Board members have all seen the lights, the brightness of them, and what they do to the neighborhood, does the County have a problem with the Lighting Ordinance? Those lights appear to be legal, and by-right according to the ordinance. If that is true, and the lights are as bad as she believes they are, what's the matter? May 5, 1999 (Regular Day Meeting) 000~80 (Page 2) .... Mr. Bowerman said the Board knew that with full cut-off optics, there would likely be some issues that would have to be resolved as the industry came up to a standard that was acceptable. This is one of those problems. The lights at PRA are not full cut-off optics. That particular fixture is still in development. It was known there would be spill-over of from one to five percent. The industry is working on attractive lights that keep the light at the horizontal which does not allow one to see the light source from a reasonable distance. Ms. Humphris asked if the fixtures were sold to PRA as full cut-off optics. Mr. Bowerman said those fixtures were sold to them before the ordinance was changed. The company came back and tried to fix the fixtures to come into compliance voluntarily. The fixes to that particular fixture did not work. They have a couple of other alternatives they are working on. Since UREF is going to buy thousands of that fixture, they are going to get it fixed. Ms. Thomas said she asked staff, late last night, to ask the County Attorney what kind of wording could be recommended, but she had no understand- ing that the Board could actually do this. She read recommended language: ~Outdoor lighting at North Fork Research Park shall be designed in accord with minimal levels recommended by the Illuminating Engineering Society of North America, with special attention directed to reduding the impacts of glare spillage onto adjacent properties, up lighting on the general public, users of the site and adjacent residents." In an ideal world, that wording would be correct, but she has no idea of whether the Board can say any of that in what is before it today. Mr. Davis said in the posture of the case now, the Board is not in a position to impose a condition. UREF could make a proffer since there are a large list of proffers associated with this rezoning. They have not suggested they want to amend the proffers. They have simply requested a change in the development plan to allow for the setback change. If the Board were to defer this petition, hold an additional public hearing, and UREF were to proffer that prior to that public hearing, that could become part of the zoning. Unless they voluntarily proffer that, there is no way for the Board to impose that condition at this point. Ms. Thomas said she believes UREF will work hard to improve the situa- tion, so it is not necessary. Delaying the petition any further probably has other bad side effects, so she is not in favor of doing that. Ms. Humphris said she is sure they will work to fix the problem. She was concerned the night the Board went to look at the problem, that every time Mr. Stouffer said ~we are going to fix it", the architect stepped up and said "we are going to try, but we are not sure." That got her attention. She knows UREF is sincere. They have to make it work. Whenever the Board has an opportunity again to put something in where it will have an effect, it needs to be done. Mr. Bowerman said that Mr. Pete Anderson said UREF was going to fix the problem. He is the architect for the University of Virginia. Mr. Tucker said staff was directed to bring the Lighting Ordinance back before the Board one year after it was adopted. The Board will have an opportunity to deal with issues that were not originally covered. Ms. Thomas said the ordinance does not deal with glare at all. Glare is the problem at PRA. Mr. Bowerman said it did in the sense that by not seeing the light source at all, it eliminated the glare. The fixtures which are in place do not do that. Mr. Perkins said it seems to him that those lights are mighty bright even if you could not see the source. It seems that they are in compliance with the ordinance, but he has seen light fixtures which were put in two years ago that are not as bright. An example is the Martha Jefferson Medical facility in Crozet. They are a pale yellow light. Ms. Humphris said good lighting is seen everywhere around the area now, with the gas station canopies which glare in the eyes of motorists. A lot of those were put in recently so they could be done before the ordinance went into effect. When there are these good examples around the area, she thinks people should get the idea that one is good, and one is bad. 000f3i May 5, 1999 (Hegular Day Meeting) (Page 3) Mr. Perkins said he does not think the applicant has fulfilled their requirement for the buffer. He thinks it was supposed to be 150 feet of undisturbed buffer, and they do n©t have that. The red cedars that were planted are certainly inadequate. Mr. Bowerman said they built the berm which disturbs the buffer. He does not think any settlement has been reached on the plantings. Mr. Perkins said they need to do additional planting of something that will grow faster than those red cedars. Mr. Martin said ~¥es", espe- cially since they have very large trees at the entrance. Ms. Humphris said in the big picture, it will cost an insignificant amount of money to do that. Mr. Cilimberg said at the meeting held at the site, he thought the applicant indicated they had a landscape plan for that berm. Mr. Tucker said he mentioned to Pete Anderson and others from UREF Mr. Perkins' comments about the plantings. There are other plant materials that can be put there that grow very fast and are dense. Mr. Cilimberg said he would have the Zoning Office check to see what was actually approved for planting. However, he does believe there was an indication that they were going to do a great deal more landscaping than what is there now. Mr. Martin said he heard them say loud and clear that they would take care of the lighting problem, but when the berm was discussed, he heard them say quickly that they only had so much money to spend. Ms. Humphris said she also heard that comment. She said that even being a good neighbor would require them to do more. There was no response. Mr. Cilimberg said he will talk with Pete Anderson. Mr. Bowerman said there will be various site plans before the Commission on other parts of the project. Mr. Perkins said what they were required to do should be in their original agreement. That is when the neighbors complained. They wanted that 150-foot undisturbed buffer. They have disturbed the buffer and they have not done anything to replace it. Mr. Tucker said that gets back to enforcement by the County. There was no further discussion. By the recorded vote set out above, the Board approved ZMA-98-27 as recommended by the Planning Commission, to reduce the building setback from fifty feet to ten feet along internal public road rights-of-way. Item 5.2. ZMA-98-26. Woodbrook Crossing (deferred from April 21, 1999). Ms. Humphris said there is a letter from the Andersons in the packet this morning. She asked if this satisfies the problem raised at the last meeting. Mr. Davis responded ~yes." It now simply says the proffer is conditional upon the rezoning of the property which is inherent in the proffer anyway. It removed the condition that it was contingent upon the sale of the property. The proffers are fine now. By the recorded vote set out above, the Board approved ZMA-98-26, subject to the following proffer: "April 22, 1999 County of Albemarle Planning and Zoning Department Albemarle County Office Building Charlottesville, Virginia 22902 RE: Rezoning Application Submitted by Arthur A. Valente .20 Acre Portion of Tax Map 45, Parcel 90 Gentlemen, We are the owners of the above referenced .20 acre parcel (the ~Parcel"), and are under contract with Mr. Valente and his corporation, Legend Development Company, for the transfer of the Parcel. Mr. Valente has submitted a re-zoning application on our behalf to the Albemarle County Planning and Zoning Depart- ment to re-zone the Parcel from R-6 to C-1. In order to proceed with the re-zoning request, we have been advised that the County is requiring our signature on the at- tached Proffer Form. We hereby tender the executed Proffer Form 000t82 May 5, 1999 (Regular Day Meeting) (Page 4) with express understanding that the Proffer will not be effec- tive unless the County re-zones the Parcel to C-1. Should you have any questions concerning the above request, please do not hesitate to contact us. Very Truly Yours, (Signed) Charlie Anderson, POA Geneva Anderson Date: 9-16-99 ZMA# 98-26 Tax Map Parcel(s) % 4~, P~rcel 90 Q,2Q Acre to be rezoned from R-6.. to C-1 Pursuant to Section 33.3 of the Albemarle County Zoning Ordi- nance, the owner, or its duly authorized agent, hereby volun- tarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. Permitted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in section 22 of the Albemarle County Zoning Ordinance in effect on May 8, 1996, a copy of the sections being attached hereto, except the following: Section 22.2.1 Item ~ 3: Department Stores Section 22.2.1 Item ~10: Newsstands, magazines, pipe and tobacco shops Section 22.2.1 Item %16: Automobile service stations Section 22.2.1 Item %22: Automobile, truck repair shop including body shop Signatures of Ail Owners Date Legend Development Co. /Signed) Arthur V~lente, President, Contract Purchaser Geneva H. Anderson Charlie Anderson. POA 9-16-99 4-20-99 4-20-99 Item 5.3. Proclamation recognizing May 2 through May 8, 1999, as Municipal Clerks Week. By the recorded vote set out above, the Board adopted the following Proclamation, which Mr. Martin read into the record. MUNICIPAL CLERKS' WEEK WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, May 5, 1999 (Regular Day Meeting) (Page 5) workshops and the annual meetings of their state, province, county and international professional organizations; 000 88 NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby recog- nize the week of May 2 through May 8, 1999, as MUNICIPAL CLERKS' WEEK and further extend appreciation to our Municipal Clerks for the vital services they perform. Item 5.4. Proclamation recognizing May 9 through May 16, 1999, as National Police Memorial Week. By the recorded vote set out above, the Board adopted the following Proclamation, which Mr. Martin read into the record. NATIONAL POLICE MEMORIAL WEEK WHEREAS, May 15 of each year was proclaimed "Police Offi- cer's Memorial Day" by President John F. Kennedy on October 1, 1962, in honor of those peace officers who, through their coura- geous deeds, have lost their lives or become disabled in the performance of duty; and WHEREAS, the calendar week in which it falls was pro- claimed "Police Week" in recognition of the service given by the men and women who night and day protect the citizens through enforcement of our laws; and WHEREAS, these days of increasing fear, rising crime, reckless acts of violence, recall to our minds President Ken- nedy's words of praise for these officers as "truly men and women of courage, judgment, integrity and dedication;" and WHEREAS, we share his sentiments and agree that it is time to remind the public of the day-by-day heroism of our officers, both those on active duty and those who have given their lives in the line of duty; NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby declare and set aside the week of May 9 through May 16, 1999, as NATIONAL POLICE MEMORIAL WEEK and call upon all citizens to recognize the significant efforts and accomplishments of these officers. Item 5.5. Resolution to provide Law Enforcement Officer (LEOS) benefits to County firefighters. It was noted in the staff's report that in 1976, the Board adopted a resolution providing special Virginia Retirement System (VRS) benefits to its sworn law enforcement officers (LEOS). This LEOS coverage was approved by VRS effective July 1, 1976. LEOS benefits apply to sworn officers in both the Police Department and the Sheriff's Office. There are two differences in retirement benefits between LEOS and regular employees. First, LEOS covered employees are eligible for full benefits at age 60 or have 25 years of service while regular employees are eligible for full benefits at age 65 or have 30 years of service. Second, LEOS employees are eligible for a supplement from VRS if they retire before age 65 with 20 or more years of hazardous duty service. The County began hiring firefighters in June, 1997, and it was the intent that the firefighters be covered under the same special benefits as law enforcement officers. By the recorded vote set out above, the Board adopted the following resolution to provide full-time firefighters employed by the County of 000 .34 May 5, 199.9 (Regular Day Meeting) (Page 6) Albemarle the Special Benefits provision provided in the Virginia State Retirement System. RESOLUTION Extension of Virginia Retirement System (VRS) Benefits to Professional Firefighters BE IT RESOLVED that the County of Albemarle, Virginia, a political subdivision currently participating in the Virginia Retirement System under provisions of Title 51.1, Chapter 1, Article 5 of the Code of Virginia, as amended, acting by and through its Board of Supervisors, does hereby elect to have such of the employees of the County who are employed in positions as full time salaried firefighters and whose tenure is not re- stricted as to temporary or provisional appointment, to become eligible, effective June 1, 1997, to be provided benefits in the Virginia Retirement System equivalent to those provided for State police officers of the Department of State Police, as set out in Section 51.1-138 of the Code of Virginia, in lieu of the benefits that would otherwise be provided as such provisions have been or may be amended from time to time, and the County agrees to pay its cost for participation of such employees becoming covered hereunder. BE IT FURTHER RESOLVED that Charles S. Martin, Chairman of the Board of Supervisors, and Ella W. Carey, Clerk, are hereby authorized and directed in the name of the County to execute any required contract in order that professional firefighters are provided the benefits equivalent to those provided for State police officers of the Department of State Police. In execution of any contract which may be required, the seal of the County shall be affixed and attested by the Clerk, and said officers of the County be and they are hereby authorized and directed to do any other thing, or things, incident and necessary, in the lawful conclusion of this matter. The Director of Finance of the County is hereby authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the County and its employees for this purpose. Item 5 6. Agreement with Cornerstone Corporation, Owner/Manager of the Trophy Chase Apartment Complex on Peyton Drive for Use of an Apartment as an Office by the Albemarle County Police Department. It was noted in the staff's report that since October, 1997, the Albemarle County Police Department has been using, at no charge, an apartment at the Trophy Chase Apartment complex on Peyton Drive in Albemarle County as an office by the Community Policing Unit of the Department. This arrangement has enabled the Community Policing Unit to have a permanent police presence in this part of the community, and has given the Unit its own separate base of operations. At this time, the Department desires to rent an additional apartment for the same purpose and on the same terms and conditions as the existing arrange- ment. The proposed Lease Agreement is for a one-year term, renewable by mutual agreement of the County and property owner. It provides that a second apartment would be leased at no charge to the County Police, and gives the County the right to terminate the Agreement at any time. As with the current arrangement, the County would be responsible for the payment of certain utilities and insurance for County property placed at the premises. Staff recommends that the Board approve the proposed agreement. By the recorded vote set out above, the following agreement was ap- proved: RENTAL AGREEMENT THIS RENTAL AGREEMENT (hereinafter the "Agreement") made and executed this day of , 1999, by and between CORNERSTONE CORPORATION, a Virginia Corporation (hereinafter the "Landlord"), and the COUNTY OF ALBEMARLE POLICE DEPARTMENT (hereinafter the "County" or ~Tenant") . WITNESSETH THAT: May 5, 1999 (Regular Day Meeting) 0001~ (Page 7) Landlord and Tenant do hereby mutually covenant, promise and agree as follows: 1. Premises. Landlord agrees to rent to Tenant apartment number 2411-102 of the Trophy Chase Apartment Community for the term and upon the covenants, terms and conditions hereinafter set forth. 2. Term. The term of this Agreement is for one (1) year, commencing on , 1999, and expiring on Upon mutual agreement of Landlord and Tenant, evidenced in writing, this Agreement may be extended for one or more additional terms. 3. Rent. Landlord agrees that Tenant shall pay no rent, but that Tenant's occupancy of and presence at the leased pre- mises shall constitute adequate consideration, receipt of which is hereby acknowledged. No security deposit shall be required. 4. Use. Landlord acknowledges and agrees that Tenant may use the leased premises for any law enforcement or public safety-related purpose during the term of the Agreement, includ- ing but not limited to use by the Community Policing Unit as an office. The Tenant(s) has permission to run additional wiring inside (phone line wire) and to run fiber optic cable (by Sprint). 5. collection. 6. il~~ and sewer and trash. electricity and heat. Landlord agrees to pay the costs of water Tenant agrees to pay the costs of 7. Rental Agreement Addendum. Landlord and Tenant agree that the terms and conditions set forth in the Rental Agreement Addendum (hereinafter the "Addendum") attached hereto are incorporated in this Agreement by reference, with the exception of the Second, Third, Fourth, Fifth, Seventh, Ninth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Twenty-Fourth, Twenty-Seventh, Twenty-Eighth and Twenty-Ninth paragraphs of said Addendum. 8. ~. Notwithstanding any provision to the contrary set forth in this Agreement or in the Addendum, Landlord and Tenant acknowledge that said provisions shall neither constitute a waiver of the County's sovereign immunity nor subject the County to liability, exposure or obligation to third parties under Federal, state and/or local laws, ordinances, rules or regulations. This declaration and agreement does not excuse any obligation the County may have to Landlord pursuant to this Agreement or Addendum; rather, it addresses only the potential creation of liability, exposure or obligation to others as a result of this Agreement or Addendum. 9. Approval by BQ~rd Qf Supervisors. This Agreement is subject to approval by the Albemarle County Board of Supervisors. 10. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto, and may be modified only by mutual consent evidenced in writing. 11. NQtices. Ail notices and other communications which may or are required to be given by one party to the other shall be in writing and shall be deemed to have been properly given if and when delivered personally or sent by registered or certified mail, postage prepaid, addressed as follows: (a) (b) If to Tenant: Office of the Chief of Police, Albemarle County Office Building, 401McIntire Road, Charlottesville, VA 22902. If to Landlord: Cornerstone Corporation, 2407 Peyton Drive, Charlottesville, VA 22901. May 5, 1999 (Regular Day Meeting) (Page 8) Termination. This Agreement can be terminated at any time by either party, with or without cause, upon 30 days written notice Item 5.7. Henry County request for Resolution of Support that the Virginia Department of Transportation (VDOT) reconsider its Policy on Maintenance of Drainage Easements. It was noted in the staff's report that Henry County adopted a resolution on February 23, 1999, concerning maintenance of drainage easements outside of VDOT's highway right-of-way. The Engineering Department reviewed this resolution and analyzed its impact on Albemarle County. VDOT essentially maintains only those areas necessary to protect the roadway, i.e., road sides, ditches and culverts that pass under the roadway and storm/sewer systems. The change proposed by VDOT regarding drainage easements (as being experienced in Henry County now), actually occurred in Albemarle County and this region approximately 15 years ago. At that time, changes were made to the County's drainage policy. Those changes provide better drainage improvements to correct stormwater and erosion problems outside of the public rights-of-way. This change in policy also allowed the County to work collaboratively with VDOT to manage construction projects more efficiently. Had not this policy change not been made, and VDOT had retained responsibility for all maintenance and repairs, the County would have saved funding. However, staff believes the policy has been successful, particularly as it relates to the service provided to the citizens. By working more directly with the owners of property on the design and construction of repairs, the County has provided a better level of customer service than might otherwise have been given. This has resulted in many satisfied residents at a relatively small cost. While staff empathizes with Henry County's struggle to take on this responsibility, it would not recommend supporting a resolution to request that VDOT reconsider their policy. No action was taken on this request. Item 5.8. Lease of Old Jailor's House to the City of Charlottesville for the Community Assessment Center. It was noted in the staff's report that the Virginia Juvenile Crime Control Act (VJCCA) has funded several new programs that are currently housed at the Old Jailor's House adjacent to Juvenile Court, including the Community Assessment Center, a First-Time Truant Offender Project and the Juvenile Justice Coordinator. The Crisis Intervention Program, that works with offenders and assists the City and County police departments outside of normal working hours, needs space and would like to move into the space recently vacated by CASA at the Old Jailor's House. The Community Assessment Center, which is a point of entry for youths coming into the juvenile justice system employs 1.75 FTE staff. The First-Time Truant Offender Project, which works with early truancy offenders both in Albemarle and Charlottesville has 1.5 FTE employees. There is one full-time Crisis Intervention Counselor and one full-time Juvenile Justice Coordinator, who will oversee and report on local juvenile justice programs. The lease rents the Old Jailor's House to the City of Charlottesville for $829.52 per month to be used to house these staff members for a term of twelve months. The City of Charlottesville is the Lessor for the Jailor's House, since the City is the fiscal agent for the expenditure of the VJCCA funds. The monthly rate is determined by charging $7.25 per square foot per year for usable office space. A bathroom and hallways were not factored into the lease amount. Staff recommends approval of the lease with the City of Charlottesville for the use of the Old Jailor's House for one year. By the recorded vote set out above, the following lease with the City of charlottesville for the use of the Old Jailor's House for one year, was approved. LEASE THIS LEASE, effective the first day of May, 1999, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereafter designated as "Lessor", and the CITY OF CHARLOTTESVILLE, a 090 1.37 May 5, 1999 (Regular Day Meeting) (Page 9) municipal corporation of the Commonwealth of Virginia hereafter designated as "Lessee": WI TNE S S E TH : WHEREAS, the Lessor owns certain property within the City of Charlottesville, Virginia, known as the Old Jailor's House, and has agreed to lease a portion of the same to the Lessee as provided herein; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby covenant and agree as follows: 1. LEASED PROPERTY: The Lessor hereby leases and demises to the Lessee, and the Lessee hereby leases and hires from the Lessor the following described property for use by the Community Assessment Center, to wit: 409 East High Street, Charlottesville, Virginia Rooms A, B, C, D, F, L, K and J in the City of Charlottesville, Virginia, hereafter designated as the "Property." The leased area contains approximately 1373 square feet, and the location of the rooms is shown on the attached sketch. 2. TERMS OF LEASE AND TERMINATION THEREOF: This lease shall be effective from the date of its execution and shall continue for a term of twelve (12) months, to expire on May 1, 2000. Thereafter this lease shall continue on a month to month term unless terminated as provided herein. The Lessor may terminate this lease by giving the Lessee notice in writing of its intention to terminate thirty days prior to the termination date. This lease shall not be renewed if the Property is determined by the Lessor to be necessary for any of the purposes mentioned in Section 15.2-1639 of the Code of Virginia. Upon termination of the lease, all improvements erected thereon shall revert to the Lessor and shall be free from any encumbrance at the time of such reversion. 3. RENTAL RATE: The rental rate for the Property is $829.52 per month, based on a rate of $7.25 per square foot to be paid in advance by the tenth day of each month to the County of Albemarle, Director of Finance. The rental rate may be increased for any new term of the lease if Lessor gives notification to the Lessee in writing sixty days prior to the beginning of the lease term. 4. USE: The Lessee shall use and occupy the Property solely. Parking is on a first come-first served basis and no spaces are provided or guaranteed as part of this lease. 5. UTILITIES: The Lessee shall pay its proportional share of the electricity (Virginia Power) within ten (10) days after notice by the Lessor to the Lessee of the proportional amount owed for the month. Utility accounts will remain in the Lessor's name. 6. MAINTENANCE AND CARE OF PROPERTY: The Lessor shall maintain and keep the Property in its present physical_ condition. Janitorial services are the sole responsibility of the Lessee. Upon the termination of this lease, the Property shall be returned to the Lessor in good repair, ordinary wear and tear expected. If the Lessee desires to make any repairs, improvements or changes in the Property, the Lessee must first obtain the written permission of the Lessor. Repairs, improvements or changes, if approved by the Lessor, are to be made at the expense of the Lessee. The Lessee agrees to be responsible for any damages which the Lessee or any person the Lessee permits to be there, caused to the Property. May 5, 1999 (Regular Day Meeting) (Page 10) 7. FIRE INSURANCE: The Lessor shall maintain adequate fire insurance on the Property. 8. DAMAGE TO LESSEE'S Property: The Lessor shall not be liable for any loss or damage to any of the Lessee's Property in or on the Property, regardless of how such loss or damage may occur. The Lessee, in placing its Property in and on the leased Property, does so at its own risk. 9. INDEMNITY: The Lessee shall indemnify and save harmless and provide a defense for the Lessor, its agents, officials, and employees, from any and all liability, damages, expenses, causes of actions, suits or judgments, which may accrue against, be charged to, or recovered from the Lessor, its agents, officials, and employees by reason of or on account of damage to the Property of, injury to or death of any other person arising from the Lessee's use and occupancy of the leased Property. 10. DAMAGE OR DESTRUCTION OF Property: If the Property shall be damaged by fire, act of God, war, or any other casualty or catastrophe, so as to make them untenable, this lease shall terminate unless the Lessor shall, within thirty (30) days after such damages notify the Lessee of its intention to restore the Property to a tenable condition. The Lessee shall not be obligated to pay rent for the period of time during which it is unable to occupy and use the Property as a result of such damage. The Lessor shall be under no obligation to repair or replace the Property or any portion thereof which may be changed or destroyed by fire or other casualty. 11. MANAGEMENT AND CONTROL: The Lessor and the Lessee shall have exclusive control of the management, assets, and offices of their respective institutions. Neither party by virtue of this agreement, assumes liability for any debts or obligations, either financial or legal, incurred by the other party of this agreement. 12. ASSIGNMENT OF LEASE: The Lessee shall not assign this lease or sublet the Property or any portion thereof without the prior written consent of the Lessor. 13. NOTICE: Any notice required under this lease to Lessor shall be by ordinary mail, addressed to the County of Albemarle, Director of Finance, County Office Building, 401 McIntire Road, Charlottesville, Virginia 22902-4596. Any notice required under this lease to the Lessee shall be by ordinary mail addressed to City of Charlottesville as Fiscal Agent for the Community Assessment Center, Post Office Box 911, Charlottesville, Virginia 22902. 14. MODIFICATION OF LEASE: This agreement of lease, when executed by the parties hereto, constitutes the final and entire agreement between the parties and they shall not be bound by any terms, conditions, statements or representations, oral or other, not herein contained. This agreement of lease may be modified or amended from time to time by written agreement executed after the day hereof and signed by all the parties hereto. Such written modification or amendment shall be attached to and become a part of this agreement. Item 5.9. Amendment to Lease Agreement with Albemarle County Service Authority (ACSA) for the Extension Service's Office space. It was noted in the staff's report that the County signed a five-year lease agreement in 1993 with the Albemarle County Service Authority for 3100 square feet of office space for the Extension Service at their Pantops facility. The lease amendment extends the lease for another five years and continues the initial agreement between the County and ACSA for the use of 3100 square feet of office space for the Extension Service. The annual rent 000139 May 5, 1999 (Regular Day Meeting) (Page 11) increase continues to be calculated by using the CPI, which for the next year requires only a $0.20 cents per square foot increase based on a 1.7 percent CPI. Staff recommends approval of the lease amendment which extends the lease between the County and the ACSA for five year for Extension Office space. By the recorded vote set out above, the following lease amendment extending the lease between the County of Albemarle and the Albemarle County Service Authority for five years for Extension Office space, was approved. AMENDMENT TO AGREeMeNT OF LEASE THIS AMENDMENT TO AGREEMENT OF LEASE is made as of this 5th day of March, 1999, by and between the ALBEMARLE COUNTY SERVICE AUTHORITY, Landlord and COUNTY OF ALBEMARLE, VIRGINIA, Tenant. WHEREAS, the Landlord and Tenant entered into a lease agreement dated July 1, 1993, a copy of which is attached hereto as Exhibit A; and WHEREAS, the original term of the lease was from June 3, 1994 until June 2, 1999; and WHEREAS, the current annual rent is $11.58 per gross square foot, effective through June 2, 1999; and WHEREAS, the parties desire to enter into a new five year term, beginning June 3, 1999; NOW THEREFORE, for valuable consideration the Landlord and Tenant agree that the agreement of lease dated July 1, 1993, is amended and reenacted as follows: follows: ARTICLE III, TERM is amended and reenacted as Section 3.1. Commencement and Expiration. The term of this lease shall be renewed on June 3, 1999 (the "Date of Commencement") and shall expire five years thereafter. Ail references to the "Term" of this Lease shall, unless the context indicates a different meaning, be deemed to be a reference to the term described herein. Section 3.2. Renewal. This Lease may be renewed for an additional period as may be mutually agreed by the Landlord and Tenant. If renewal is not agreed upon by Landlord and Tenant, this Lease shall expire upon expiration of the five year term. follows: ARTICLE IV, RENT is amended and reenacted as Section 4.1. ~. Commencing June 3, 1999, Tenant agrees to pay the Landlord annual rent of $11.78 per gross square foot, payable in equal monthly installments, in advance, on the third day of each month during the term hereof. Gross square feet shall be calculated within the perimeter of the area to be used solely by the VPI Extension Service, which will be approximately one-half of the lower level of the Landlord's office building. The rent for the second, third, fourth and fifth year of the term of this Lease shall be calculated as follows: The rent for the second year and each year thereafter shall be calculated by first establishing a fraction, the numerator of which shall be the level of the CPI Index (as defined herein) as of the first day of that month which is two months before the month in which the Date of Commencement occurs, 2000, 2001, 2002, and 2003, as appropriate, and the denominator of which shall be the level of the CPI Index as of the first day of that month which is two months before the month in which the Date of Commencement occurs, 1999. The resulting figure shall be multiplied by the rent agreed upon or established for the first year of the term to determine the May 5, 1999 (Regular Day Meeting) (Page 12) 000140 annual rent due for the year. The rental figure shall be revised each year based upon this formula. The CPI Index shall be the U.S. Bureau of Labor Statistics Consumer Price Index (all items, all urban consumers, 1982-1984 = 100). If the CPI Index shall be discontinued, Landlord shall designate an appropriate substitute index or formula having the same general acceptance as to use and reliability as the CPI Index and such substitute shall be used as if originally designated herein. Notwithstanding the foregoing, in no event shall the rent due for any lease year decrease from the rent payable for the first year. Section 4.2. Address for Rent Payments. Ail payments of rent due Landlord pursuant to Section 4.1 shall be made to Landlord at the address specified in Section 15.3 or to such other party or to such other address as hereafter may be designated by Landlord by written notice delivered to Tenant at least ten (10) days prior to the next ensuing monthly rental payment date. 3. In all other respects the lease agreement dated July 1, 1993, shall remain in full force and effect. IN WITNESS W/4EREOF, Landlord and Tenant have signed and sealed this lease by their duly authorized officials after due approval by their respective governmental bodies. Item 5.10. Adopt Change in Virginia Retirement System (VRS) Retirement Benefit Calculations. It was noted in the staff's report that the 1999 General Assembly passed legislation changing the VRS benefit calculation effective July 1, 1999. This change allows VRS members who are between 50 and 55 years of age and who have 30 or more years of service credit to retire with no reduction for receiving retirement prior to age 55. The previous calculation applied a ~reduction factor" for anyone in this age bracket. This benefit is mandated for all employees of the State, as well as school division teachers, administrators, clerical and certain other school employees. Employees of political subdivisions and school division support personnel are also eligible for this benefit change unless the governing body advises VRS in writing prior to July 1, 1999, that they do not agree to provide this benefit. There may be an additional cost to the County, but the extent of that cost will depend on the number of VRS members who meet the age/service criteria and of those, how many actually exercise their retirement option prior to reaching age 55. Based on information received from VRS, General Government has no one eligible as of July 1, 1999. February 1, 2001, is the first date a General Government employee will be eligible to retire under the new age/service criteria. VRS will provide information on the potential cost, but in lieu of this projection, the Virginia Municipal League's suggested projection of 0.25 percent of VRS payroll would indicate that lifetime cost is approximately $38,000. Any additional cost will be included in the County's VRS contribution rates for the 2000-2002 biennium. Currently all County and School Division employees eligible for VRS retirement are subject to the same benefit criteria. This new change will mandate a different benefit for the majority of school employees, who are in the professional classification. The Superintendent will be informing the School Board of this legislation and recommending that support personnel also be covered by this benefit change. Staff recommends adopting the change as passed by the General Assembly. (Ms. Humphris said it is her understanding that although this is a good thing for the employees in this category, it is another State mandate that costs the County additional money. She asked if that will be added to the list of unfunded State mandates. Mr. Tucker said the positive side is that the VRS rate is going down. It will not help this year, but will help in future years, and there will be savings in budgets in future years which will wipe out any cost to the County based on the changes in the rates. It should be fairly significant for both General Government and the Schools. He said Ms. Humphris is correct, it is a mandate for teachers and for administrators in the Schools, but it is a local option for local government employees.) 000:1.4± May 5, 1999 (Regular Day Meeting) (Page 13) By the recorded vote set out above, the Board adopted the VRS change passed in the General Assembly in 1999 to change the VRS benefit calculation effective July 1, 1999. Item 5.10a. Proclamation recognizing the Virginia Initiative for Employment not Welfare (VIEW). Mr. Martin read the proclamation into the record. By the recorded vote set out above, the following Proclamation was approved. PROCLAMATION WHEREAS, implementation of the Virginia Initiative for Employment Not Welfare (VIEW) began in the Thomas Jefferson Planning District on July 1, 1997, with employment, personal responsibility, self-support and self-reliance as the ultimate goals; and WHEREAS, VIEW participants are required to be in a work activity as of July 1, 1999, to begin to break the cycle of dependency and hopelessness by replacing welfare checks with paychecks; and WHEREAS, the VIEW program's success thus far as a catalyst for generating a pool of jobs has been due in large part to the support and cooperation of local businesses working with our social services departments, non-profit agencies, local governments and elected officials, the faith community, the education community and VIEW program clients in the areas of job readiness, job finding and placement, job training and job retention; and WHEREAS, the County of Albemarle in the Thomas Jefferson Planning District appreciates the cooperation evidenced to date and encourages the strengthening and the continuation of these cooperative relationships; and WHEREAS, building on current partnering successes will ensure the successful transition of families to self-sufficiency, help maintain and improve their new independent economic status, strengthen the fabric of our communities, create new consumers, contribute to the vitality of our communities and provide hope and the ability to fulfill dreams; and WHEREAS, private sector businesses are essential partners in helping remove the barriers to self-sufficiency as the community pursues all avenues leading to the sureness of the VIEW program for the benefit of our clients and our entire community; and WHEREAS, although successes in the VIEW program have been many, most clients continue to live below the poverty level after employment, and it is advantageous to continue to create partnerships to provide increased numbers of job placements, particularly jobs with opportunities for upward mobility and higher income; NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle County Board of Supervisors, call upon our business community, the faith community, child care and transportation providers, social services department and non-profit social agencies, education/training and support services, job developers and clients to support a united vision of an enhanced quality of life for all, and to accept the challenges that remain: Preparing a globally competitive work force and ensuring work and education/ training as well as lifelong learning opportunities for all people in the region by making a commitment to support the welfare reform work initiatives of VIEW. May 5, 1999 (Regular Day Meeting) (Page 14) (Mr. Bowerman commented that he had participated in the Walk-A-Mile Program last year. He encourages any Board member who did not participate to do so because it was very enlightening to him, the operation of VIEW, meeting of the families, working on a budget to live on, etc. He found it very helpful.) Item 5.11. Copy of minutes of the Rivanna Water and Sewer Authority Board of Directors' meeting of March 22, 1999, was received for information. Item 5.12. Copy of letter dated April 21, 1999, from Ms. Jan Sprinkle, Chief of Zoning Administration, to Bill Bowner,.re: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1, Tax Map 18, Parcel 2lA, was received for information. Item 5.13. Copy of memorandum dated April 22, 1999, from Mr. Arthur D. Petrini, Executive Director, Rivanna Water & Sewer Authority, to RWSA Board of Directors, re: Water Supply Permit Process, was received for information. Item 5.14. Third Quarter Summary Report for JAUNT services for FY 1999 for Albemarle County, was received for information. (Ms. Humphris asked if the differences between the estimated and the actual number of trips in this third quarter report were unusual or not. It seemed to be a significant difference. Mr. Tucker said he was not sure.) Item 5.15. Arbor Crest Apartments (Hydraulic Road Apts.) Monthly Bond and Progress Report for the month of March, 1999, was received for information. Item 5.16. Copy of minutes of the Albemarle County Service Authority Board of Directors meeting of March 18, 1999, was received for information. Agenda Item No. 6. Approval of Minutes: March ii(A), 1996; October 1, November 5 and December 19, 1997; February 4, March ii(N), March 18(A), April 1 and November 11, 1998; January 6, February 10 and March 10, 1999. MS. Thomas had read the minutes of October 1, 1997, and also December 19, 1997, and found then to be in order with one minor typographical error. Mr. Martin had read the minutes of February 4, 1998, and with the exception of a typographical error found them to be in order. Ms. Humphris had read the minutes of November 5, 1997, and with the exception of typographical errors found them to be in order. Mr. Marshall had read the minutes of November 11, 1998, and January 6, 1999, and found them to be in order. Motion was offered by Ms. Humphris, seconded by Ms. Thomas, to approve the minutes read. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Mr. Martin. None. Agenda Item No. 7a. Other Transportation Matters. Mr. Bill Mills from VDOT was present. He said that Ms. Tucker could not be present today. He said that VDOT had chosen not to re-mark some roads which were paved. They are not remarking those roads off of Old Forge Road. There was a joint resolution by the House about five years ago to have those types of streets remarked. He said care needs to be taken with this policy because traffic markings are now being used for traffic calming, and yet, in 009±42 May 5, 1999 (Regular Day Meeting) (Page lB) neighborhoods where the marks are not wanted, they are not being put back after paving. Ms. Humphris said she has received many calls from people in the Old Forge Road neighborhood. When new pavement was being put down, they wanted to be assured that the double lines that had been put down a few years ago on Old Forge Road would not be re-installed. She thinks the whole neighborhood will be very pleased that the lines were not put back. Mr. Perkins said there used to be a turn-lane below Windham (in Crozet) going into the NationsBank and Windham's parking lot. Now, the old Crozet Foods building is the Post Office. He thinks'it was helpful to have that turn-lane marked. When the last repaying was done, the road was not remarked. It is a right turn, but people now just sort of wander into either of the lanes. Mr. Perkins said along Route 680, Brown's Gap Turnpike, there is brush hanging out into the road so one cannot pass a truck or bus without stopping or pulling over. Mr. Perkins asked if VDOT has requirements for setbacks on mailboxes. He said there are places where cars cannot pass because of mailboxes being so close to the road. Mr. Mills said VDOT does have some requirements, but no one ever asks. They are in VDOT's guidelines. If there are some particular ones that are causing a problem, VDOT might help by talking to the postal service. Mr. Perkins said because of the dry weather there are a lot of dust problems on gravel roads. He knows that VDOT has been putting down calcium chloride, but Route 600 off of Route 20 at Stony Point is really bad. Mr. Mills said when it is very dry, even that treatment does not work well; it needs some moisture to make it react. Mr. Marshall thanked VDOT for fixing the ditch in front of his farm on Route 20 South. Ms. Thomas said she noticed a sign at the Ivy Interchange of 1-64 saying the route is not recommended for trucks. She said that is good wording, and she thanks VDOT for this sign. Ms. Humphris said she had received a call about what was being used for fill in the area of the Bellair intersection improvements. She does not know exactly what the complaint is about, and she asked that VDOT look into that. Ms. Thomas said she has had a lot of comments from people in Bellair who are very unhappy with the project. They are blaming it on the contractor rather than VDOT. Mr. Mills said he knows there was a question about getting suitable material for the fill. Ms. Thomas said the neighbors felt there were promises made about how wide a swath was going to be cut in the process and apparently the contractor found it to his benefit to have a wider cut and got the present landowner to agree. There is still a lot of unhappiness with the amount of earth-moving that was done. Mr. Mills said they hope that when it is finished and grassed and the light installed, the problem will be solved. Mr. Bowerman asked that VDOT check the culverts and drainage structures that were installed at Still Meadows along Carrsbrook Drive. He wants to be sure they are workable, in place and functioning. He understands that one culvert was crushed during the process, and he is not sure it has been restored. The project is finished and has been seeded. Mr. Bowerman said he had a question for Mr. Martin. He was a guest on a radio program yesterday and got one question from the public about the Powell Creek Dam. He told the caller that had been solved, and there would be no road over that Dam. He got five letters this morning asking that the Board May 5, 1999 (Regular Day Meeting) 000144 (Page 16) not allow the road across the Dam. There was a vote taken by the neighborhood and he is totally uneducated about what happened. Mr. Martin said basically the last time that project was before the Board, the neighbors came out in force and were in support of that property being approached from Forest Lakes North. There was a vote that the Neighborhood Association had to take because the property belongs to them. Their by-laws require 70 or 75 percent of the people voting to vote in favor. They took the vote and advocated the sale of the property, but the vote failed by two percent. That put it back to the question of a road across the dam. Mr. Davis said that matter is coming back before this Board next week, along with a request-~for a special use permit. This Board had deferred action on the request until the special use permit for a stream crossing was before it. Mr. Martin said it is probably going to become a huge issue, but basically the people in Forest Lakes North and South took the ~ote knowing the alternative was the road across the dam. The refused to sell the property that would have allowed the entrance to come through Forest Lakes North and avoid the road across the dam. It was a close vote. The majority of the people supported the sale of the property to avoid the road across the dam. Mr. Bowerman asked if the Board has any standing in the issue that comes to it next week in terms of where the road goes. Mr. Martin said the Board does not have a say, but has to agree to cooperate with the road across the dam; the Board has to agree to the maintenance of such a road. Mr. Cilimberg said the applicant proposed for the development of Springridge, access from Powell Creek Drive and proffered to build the road over the dam or, if the land were available, to have alternate access from the north. The Planning Commission recommended approval of access to Powell Creek Drive with the · proffer of the road over the dam. It will be up to this Board to approve the project, or approve it with the road over the dam, i.e., accept that proffer. Mr. Martin said there is another alternative where the road does not go over the dam, but goes straight from Hollymead into Springridge. That is the access that has the maximum amount of traffic. Mr. Bowerman said he will wait for the Board's packet of information on these petitions. He was just behind the curve in terms of answering questions. Mr. Martin said he thought Mr. Steve Runkle had come before this Board and explained the vote. Evidently he (Mr. Martin) was the only one who heard the report, and he apologizes to the other Board members for not letting them hear the information he received. Mr. Mills said he will get Ms. Humphris some information about drainage which she has requested. He said it is not a new policy. Ms. Humphris said it was an issue she brought back from a'VACO Board of Directors' meeting where Henry County and the Isle of Wight County were joining forces asking VAC© to take some action. She said Mr. Tucker has already met with staff and they have something on the County's consent agenda about it. She said it is too bad all counties don't have the same good staff that this Board has to provide all that information. Mr. Mills said VDOT has worked with the County's Engineering staff on problems when they occur, and that has worked well. Mr. Mills introduced Mr. Bob Ball the Transportation Planner for the Charlottesville VDOT Office. He said Mr. Ball lives in this area, so they will not have to send to Culpeper and Richmond for help. Mr. Martin welcomed Mr. Ball and said this Board has an excellent relationship with the local Residency Office. Sometimes, the relationship with people at the State level is a little strained. Mr. Tucker asked that Mr. Cilimberg brief the Board on the issue brought up earlier by Mr. Cox relating to the Meadow Creek Parkway. He suggested that staff draft a resolution for the Board to consider at a later date. Mr. Cilimberg said the idea of making some land available with the Meadow Creek Parkway project came out of the Design Committee which has been meeting for a couple of years. With the loss of land in the McIntire Park, they identified 000 .45 May 5, 1999 (Regular Day Meeting) (Page 17) land on which the Foundation built trails, as well as some other land that would be landlocked or not considered developable after the Parkway was built. It was about ten acres. Mr. Bowerman said the pictures in the newspaper showed a lot of land to the east of the roadway. Mr. Cilimberg said there is land between the railroad and the roadway itself on the west, and also on the east between the roadway and Meadow Creek that would be suitable for passive recreation, a natural area. Mr. Bowerman asked if that land could connect to the River along Phase II of the Meadow Creek Parkway. Mr. Tucker said it might connect through Pen Park. Mr. Cilimberg said there is the possibility of connecting into the Meadow Creek Greenbelt itself, and there will be a pathway system going northward along the Meadow Creek Parkway with Phase II. Mr. Marshall said he thought the Board was only dealing with Phase I at this time. Ms. Thomas said it'should be land that could be connected to be most useful. Mr. Marshall asked what land Mr. Cilimberg referred to as being east of the Parkway. Mr. Tucker suggested bringing a map to show the Board. He said the staff can also bring a resolution for the Board to consider, Mr. Cilimberg said the Design Committee actually meets with VD©T and their consultant. They have a meeting next week. If he had a resolution, he could take that to the meeting and get it in the hands of the VDOT people from Richmond and their consultant. That would make what he and some other people have been saying for a long time, a little more explicit. (Mr. Tucker requested that the Board take up Agenda Item No. 11 next.) Agenda Item No. 11. Update on Neighborhood Team Activities/Video Presentation. Ms. Lee Catlin, Community Resources Officer, mentioned that this is County Government Day and many scheduled events are already taking place outside of the building on the lawn. She is present to make a video presentation on Neighborhood Team Initiatives. The video was funded from the Community Policing Grant. (Note: Mr. Bowerman left the room at 10:04 a.m.) Ms. Catlin said the video will be used in neighborhood meetings and in meeting with civic organizations. A Neighborhood Leadership Institute was held last Fall with the City of Charlottesville. It was a four session, intensive opportunity for neighborhood leaders and other citizens to meet with the Institute to learn how County government works. There were about 16 students from the County who applied and 15 of those graduated. People wanted the program to continue. (Note: Mr. Bowerman returned at 10:06 a.m.) Ms. Catlin said that last Spring there was a neighborhood conference at which many topics were discussed. This year, on June 5 they are having what is referred to as a ~State-of-the-Neighborhood Conference." The idea is to talk about where things stand, what programs and services are available when it comes to neighborhood quality of life issues, noise, trash, speeding, littering, etc. Then there will be a discussion about future projects which will impact neighborhoods, capital improvement projects, DAIS, etc. They hope to bring a lot of people together, and she invited the Board members to also attend. Ms. Catlin said the Team had really focused on the Esmont community as their pilot project. Now, they are working closely with residents of the Southwood Mobile Home Park where there is a lot of need for services. The Southwood Coalition was spearheaded by the Community Policing Unit from the Police Department. What they have done so far is to form an active Neighborhood Watch Program and had a neighborhood clean-up day where a container was placed so residents could bring for free their large bulky trash items. They worked that into the County bulky waste amnesty days so people did not have to pay tip fees at the Landfill. Part of the clean-up was renovating their Laundromat by taking out the old equipment so it could be turned into a Boys' and Girls' Club for three days a week. There have also been efforts to do playground improvements in an area near the Southwood Market. She said that is an exciting project. May 5, 1999 (Regular Day Meeting) (Page 18) Ms. Catlin referred to the Esmont project and said the Team is continuing a close and good relationship with the Southern Albemarle Organization. They have closed on all of the property needed for the Park, so soon they will be starting the site work and all the things that needs to happen as the first step in getting a community park established in Esmont. Lastly, she mentioned the matching grant program. The Team has so far given out thirteen $1000 grants to neighborhoods in the County for a variety of projects ranging from re-landscaping to rehabilitating playgrounds, redoing basketball courts, community center rehabilitations, a lot of different projects that obviously $1000 will not do the whole job on, but for a lot of groups which needed something to get the project going, they match that money with donated time, their own labor, materials or funds. That program continues to do well. There are three applications currently in the process, and she expects them to get funded this fiscal year. She said if the Board members knew of any neighborhoods who would like to apply for these funds, to have someone call her. Mr. Bowerman said that at the budget hearing, although Ms. Catlin was praised for her abilities, the position was maligned as being a propaganda organ for the County. Clearly, the position is one that is very conducive toward community activities, support, lessening of crime, saves money in the long-run, and is well worth the effort the Board put into its creation. That was not made clear at that budget hearing. He thinks it is obvious that Ms. Catlin is more than just a spokesman for Albemarle County. Mr. Tucker said the public information side is a very small part of her responsibilities. The crux of the responsibility is in community resources, and providing help to neighborhoods and others in the community to help themselves. Because Ms. Catlin is the County's spokesperson, she is seen and heard in the media, and the perception is that that is all she does. Mr. Bowerman said the Board's constituents need to be educated as to the responsibilities of the position. Ms. Humphris said she thinks the statement was made out of pure ignorance of the responsibilities of the position. She told Ms. Catlin the other day that she was highly indignant because somebody seemed to think the Board members should be the ones on television or the radio responding to every incident. She can't imagine one of the Board members running to the County Office Building every time there was a fire, an accident, etc. She said the position is extremely valuable to the citizens of the County, and the Board knows and appreciates what Ms. Catlin does. Mr. Marshall said he has a reputation as being one of the more conservative members of the Board. He knows what Ms. Catlin has done for the Esmont area, and he thanks her. He also thanked Ms. Roxanne White for working to get this program started. He said they had even solicited a contribution from him. Ms. Catlin said they may have to do it again. She thanked the Board members for their comments. She said she can smell the popcorn so needs to go outside. Hopefully, the Board members will have time to also come out and see what is happening on County Government Day. Agenda Item No. 8. School Division Report. Mr. John Baker, Chairman of the School Board, was present to make the presentation. He said that Dr. Kevin Castner, Division Superintendent, ~Dr." Frank E. Morgan, Assistant Superintendent for Support Services (Mr. Morgan will be receiving his doctorate from William and Mary on May 8), and Mr. Jackson Zimmerman, Financial Management, are also present today, although he feels perfectly capable of answering the Board's questions. This is the first of what are to be monthly presentations by the Albemarle County School Board. The purpose of this presentation is to review a copy of ~Board Briefs" which is published after each School Board meeting, and to discuss any areas that need clarification. Mr. Baker said the Supervisors were sent copies of ~Board Briefs" for April 12 and April 26, 1999. April 12 includes an update on the Standards of Learning. Those report cards are just beginning to come in (although they were due in January), and the Supervisors will be advised on how Albemarle schools did on those report cards. Also on April 12, the School Board appointed Mr. Bruce Benson as Director of Technology for the School Division. This is a new department which is a critical need from the standpoint of using internal technology May 5, 1999 (Regular Day Meeting) (Page 19) capability, and under the SOL's technology, is an area that needs a central staff focus in order for the students to achieve. Mr. Baker said the "Academic Leadership Program Handbook" has been revised for the 1999-2000 school year. This Handbook is important because for the first time it delineates the responsibilities in each school that the Board, the Superintendent, and the staff feel are critical. In the past, it was a program that had been left to the design and the initiative of the individual school principal. Now, the Handbook delineates tasks which are on- going in each school, and sets an appropriate stipend based on the amount of hours and effort that each staff member puts in. That is a milestone. Mr. Baker said they are now in the textbook adoption cycle. These are for K-1 Mathematics, K-3 Social Services and Driver's Education. He points this out because of the cost. It represents considerable outlay on the part of the School Division. At the next formal meeting of the School Board, the exact books to be purchased will be approved. Mr. Baker noted that in the April 26 issue of "Board Briefs" there is mention of a ~'Youth Risk Behavior Survey." He said Dr. Castner and the School Division are right up-to-date on some of the national concerns regarding violence in the schools and the kinds of activities that everyone needs to be cognizant of in order not to have the kind of disastrous things going on throughout the country, happen here. He mentioned the 1999-2000 Calendar for Albemarle County Public Schools. He said this calendar is on the Internet and they have broadcast this fact so that people can look at that calendar now. He said the School's web site is as good as one will see anywhere. It is complete, comprehensive and even shows the demographics of each school. He said that Mark Bergon, who is a doctoral intern, has worked directly with the Superintendent setting up that web site. Mr. Baker noted that at the annual Superintendents' Conference in Roanoke, the session focused in part on school safety. The School Board is current with that situation. The emergency relief response committees and teams have all met, but approached it in different ways, some meeting with students, and in some cases, parents have been involved. The ~Character Counts" program, which is currently in five schools, will also contribute to a positive environment within the schools. There is a detailed description of the whole program in the School Board's office. Mr. Baker brought the Board's attention to the fact that they are currently in the process of publishing the Student Calendar Handbook. SPRINT sponsored the printing of 16,000 of these handbooks. Mr. Baker said he went to the National Conference in San Francisco about three weeks ago, and the fact that Albemarle has combined a handbook with all of the rules and policies, some do's and don'ts, and positive things, and incorporated that into what is normally considered a regular calendar, and the fact that this handbook is in the hands of parents and the community in mid-August, has gone a long way to eliminate questions about what can and cannot be done when school opens and when there are meetings. There are enough handbooks for each student, plus another 3000 which are distributed to the community. Mr. Baker said he understands this is the first time that someone from Albemarle has attended the National School Boards' Association meeting. It was very exciting to meet with some 17,000 school board members and superintendents. It was inspirational. They brought back a great deal of information which they have catalogued and left with the Clerk of the School Board. Mr. Baker brought the Board's attention to the report of the initial meeting of the Charter Schools Review Committee. He said they are moving ahead and adapting the law for charter schools and putting it into implementing instructions, and going so far as to select and appoint a review committee, they are only waiting for applications. On April 1, the President of the Virginia Board of Education, visited Albemarle. He was impressed with Albemarle County schools. This is the first time in all the meetings and orientations he has gone to where there was a county executive present, members of the board of supervisors, and members of the school board, working together to provide a good school division. He was very impressed with that fact and said so in a letter he sent back after that meeting. He visited six schools in Albemarle. They started with an overview oooa.48 May 5, 1999 (Regular Day Meeting) (Page 20) of the school division in instruction, and then in the afternoon, they covered the support division, transportation, finance, human resources, etc. Mr. Baker said that last Monday the School Board approved the operating budget of some $90.0 million, including $82.0 million in the School Fund, with $7.0 million in self-sustaining programs. He handed to the Supervisors a list of the School Board's budget accomplishments. He said they would like the Supervisors to know these things are in place, and it will make this a better School Division. When talking to constituents, he asked that the Supervisors point out the positive things that have taken place with the funding provided to the School Board. Mr. Baker said as far as future plans are concerned, the School Board has scheduled a retreat in June. One of their Board members is on alert for military duty, so the date is tentative. They have projected that there will be good attendance at Summer School, approximately 940 for elementary, 170 for middle school and 300 for each high school session. The Superintendent will be conducting interviews for the vacant position of Assistant Superintendent for Instruction. This is a critical position. The Ivy Creek School is on schedule. The completion date is for July, 1999, with the school opening in August. The last item has to do with a concern expressed as to the effectiveness of administrators, and their evaluation process. That process is scheduled for review in June. Mr. Baker said that completes his report, and he is happy to answer questions. Mr. Marshall said he is constantly getting comments from people about how well they like the principal, Irving Jones, at Monticello High School. He has a question about the high school because the Board spent a lot of extra money on sustainability. He understood that people from around the State and even other areas of the Nation were going to come in and look at the school. He asked if any of that has taken place. Mr. Baker said he does not know, but the School Division recently received a design excellence award, number one in the State of Virginia. Dr. Castner said they received the outstanding award in Virginia because of sustainability features, and also because the School was designed to enhance the instructional program. The School Division gets requests all of the time to use Monticello High School facilities for meetings. He was at a meeting in Roanoke last week, and those present wanted to schedule the next meeting at Monticello High so they could see how the technology connects. Mr. Marshall asked if the School Division is getting any financial gain out of that use. He was led to believe the sustainability features added to the school would allow the School Division to charge other localities a fee for setting down and offering them advice on how to do this type of project. Mr. Bowerman said this began with a private/public partnership that was headed up by one of the Federal agencies. Private companies that manufactured parts of what went into the School (carpets, roofs, air-conditioning, etc.), hoped this program would initiate new and creative ideas for sustainability and construction of not only schools, but other types of public and private buildings. The idea never ~took off." Included in the school were items where it was felt that over a period of time they would pay for themselves and also improve the efficiency of the school in terms of student production (items such as: lighting, lower energy costs, siting of the building). It was hoped that all of those things would, over time, save money over what was spent extra up-front. He does not believe there was any payment to be made. Mr. Marshall said that is a different issue. He does not know if the sustainability parts are working or not, but he has been getting some comments about how hot it is in the building. He understood that if somebody wanted to know what the County did at Monticello High School as far as sustainability is concerned, they could look at the County's website. If a General Electric product had been used, every time the website was used, the County would get some money from General Electric, or any other company named on that website. If the County is using the company name and promoting the company's products, he understood the County would get some money for that. Dr. Castner said at this time the website is not a revenue source. He does not know if there are any plans to explore that possibility. The only revenue source is from user permit fees for use of the building. The concept of sustainability used at Monticello High will probably have an influence on design of the new Northern elementary school. May 5, 1999 (Regular Day Meeting) (Page 21) Ms. Humphris said she attended most of the meetings that led up to the final design of the school. She remembers that there was serious discussion at one time of attempting to make deals with the hardware providers for the school. It was found that would not work, so attention was turned from hardware to design. The sustainable design of the school is what is of value to the County, in what is expected to be the payback over time. She thinks this Board expected that design would be used in all County schools from now on. She thinks sustainability is the new standard in Albemarle County. She said that in the most recent addition of ~INFORM", the State Architectural Institute's Magazine, there is a feature article about Monticello High School, in addition to the announcement of the award the school received. She has no doubt that Monticello High is an excellent place for teaching and learning and the design will be emulated. Dr. Castner said he put out a challenge to see of any industry wanted to partner. He said Allied Concrete is going to donate some stamped concrete as a showcase for their product. Ms. Thomas said Allied Concrete wanted to do the building, but was not successful in that effort. She asked where the stamped concrete will be placed. Dr. Castner said it is to be placed in the entryway as an aesthetic enhancement. That was the one business that came forward with a donation. He was trying to get a little more of that in the technology area, but it did not happen. Mr. Perkins asked if there has been an increase in joint activities with Piedmont Community College. Dr. Castner replied '~yes." Ms. Humphris said she thought the day prepared for the visit of Mr. Kirk Schroeder was beautifully done. She could tell that he really enjoyed and appreciated it. She said the letter written to him by Mr. Baker as a follow- up was beautifully crafted. She thinks he must have been impressed by Albemarle's whole educational system. Ms. Thomas said she was at the luncheon and Mr. Schroeder said he had never met with personnel from Support Services in any of the school systems. He had never met with a Cafeteria Director. Everyone was apparently told to say how the SOL'S affected their section of the school system. The Cafeteria Director said when the amount of time for lunch is cut, it impacts ~us." She believes it was a lasting education that Mr. Schroeder got that day. Mr. Marshall suggested the Schools pursue getting some money back from the various manufacturers listed on the website. If someone looks at Monticello High School and looks at specific things, every time someone checks on that manufacturer's product, the County could get a fee from that as an advertisement, and it could amount to ~big bucks.~ Dr. Castner said he will check it out. Mr. Marshall said all businesses are doing it as advertising. Mr. Bowerman asked if it was the Board's consensus that there be an update on the benefits and the negatives of the efficiency of the School when it is available. Mr. Tucker said the information is better when there is some trend data available. There was no further discussion of this item at this time. Agenda Item No. 9. Public Hearing on proposed Amendment to the Albemarle County Budget for FY 1998-99. The Board of Supervisors intends to Increase the FY 1998-99 Funding for School Division Operations by $1,397,548, the amount of State Lottery Funds approved by the 1999 General Assembly for Distribution to the School Board in the Current Fiscal Year. (Advertised in the Daily Progress on April 25 and April 27, 1999.) Mr. Tucker said the Albemarle County School Division will receive an additional $1,397,548 in State revenues in the current year due to final 1999 General Assembly legislation which distributes additional lottery profits to localities, half in the current year and half in the next fiscal year. The School Division will receive two lump sum payments, one in May and one in June. Pursuant to Virginia Code § 15.2-2507, the County must hold a public hearing if any amendment or change to the adopted budget exceeds one percent or $500,000, whichever is less. Mr. Tucker said that during presentation of the Superintendent's Proposed Budget on February 3, 1999, references were made to one-time state lottery revenues being received in the current fiscal year. Division of the lottery profits across two fiscal years was part of the Governor's initial proposal. School Division staff anticipated using the additional $1.34 May 5, 1999 (Regular Day Meeting) 0001SO (Page 22) million for one-time needs in the current fiscal year when they prepared their FY 2000 budget. The School Division's FY 1999-2000 budget, as presented to the School Board and the Board of Supervisors, assumed some needs would be met during FY 1998-99 with lottery profits. Mr. Tucker said the School Division proposes to use the additional funds in the following manner: Bus Replacement New Textbooks Department of Technology Office High School Athletic Equipment School Division Equipment Replacement Voluntary Early Retirement Incentive Program (VERIP) TOTAL $610,000 560,000 40,000 40,000 50,000 97,548 $1,397,548 Mr. Tucker said the purchase of additional school buses allows the School Division to defer for an additional year an increase in recurring funding of the Bus Replacement Fund. The textbook purchases will put the School Division on the established textbook replacement cycle and fund the most expensive adoptions, mathematics and science. The other items (High School Athletic Equipment and School Division Equipment Replacement) will fund one-time equipment costs during the next school year for athletic programs and for equipment in the schools. The last item, which is partially addressed by these funds, is the increased costs associated with the VERIP Program, which was underfunded in the current year. Following the public hearing, staff recommends approval of Appropriation #98071 in the amount of $1,397,548 in [itional State funding for one-time School Division expenditures. Mr. Martin immediately opened the public hearing. With no one from the public rising to speak, the public hearing was immediately closed and the matter placed before the Board. Ms. Humphris moved and Mr. Bowerman seconded, to adopt the following Resolution of Appropriation. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. APPROPRIATION REQUEST FISCAL YEAR: 1998-99 NUMBER: 98071 FUND: SCHOOL/BUS REPLACEMENT PURPOSE OF APPROPRIATION: ADDITIONAL SCHOOL FUNDING FROM LOTTERY FUNDS CODE 1 2100 62110 223000 1 2114 61101 602000 1 2301 61105 601300 1 2302 61105 601300 1 2304 61105 601300 1 2433 62420 800101 1 2433 62420 800550 1 3905 62320 800506 EXPENDITURE DESCRIPTION EARLY RETIREMENT TEXTBOOKS EDUC/REC SUPPLIES - AHS EDUC/REC SUPPLIES - WAHS EDUC/REC SUPPLIES - MHS EQUIP REPLACEMENT MOBILE CLASSROOMS SCHOOL BUS REPLACEMENT TOTAL AMOUNT $97,548.00 560,000.00 13,334.00 13,333.00 13,333.00 50,000.00 40,000.00 610,0oo.00 $1,397,548.00 CODE 2 2000 24000 240504 2 2000 24000 240505 REVENUE LOTTERY FUND LOTTERY HOLD HARMLESS TOTAL AMOUNT $881,431.00 $1,397,548.00 2 3905 51000 512001 1 2432 93010 930000 TR3ANSFER FROM SCHOOL FUND TRANSFER FROM BUS REPLACEMENT $610,000.00 $610,000.00 0001.51, May 5, 1999 (Regular Day Meeting) Page 23) Agenda Item No. 10. Public Hearing on an Ordinance to Amend and Reordain Chapter 2, Administration, Article I, in General, of the Code of Albemarle, in Sec. 2-202, Compensation of Board of Supervisors. This amendment will increase the Regular Salary of each Board Member by 4.0 Percent and establish Compensation at $10,362 Per Year. (Advertised in the Daily Progress on April 20 and April 27, 1999.) Mr. Martin opened the public hearing. With no member of the public rising to speak, the public hearing was immediately closed, and the matter placed before the Board. Mr. Bowerman said he thinks it is important that the stipends be kept the same. He thinks it is easiest to do that on an annual basis. He then moved to Adopt an Ordinance to Amend and Reordain Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, by amending and reordaining Section 2-202, Compensation of Board of Supervisors. He said the job does require anywhere from ten to 50 hours a week. He thinks it is important that all members of the community, regardless of their position, be allowed to serve on the Board. To the extent that some of their lost time can be offset by this salary, he believes it is important that the stipend be kept at least at the same rate. He really does believe in part-time and not full-time government. Ms. Humphris agreed and seconded the motion. Mr. Perkins said there is also a great deal of travel involved. Mr. Marshall said he strongly supports this amendment. He thinks the Board members are grossly underpaid. There was a time when he thought that was not true, but that was when he had been on the Board only a short period of time. After finding out how much time it takes, and what it has cost him in dollars and cents to replace himself in his own business, it has been a tremendous financial burden. For any business person to serve on the Board of Supervisors, or any board like this that requires this amount of time, it takes a lot of dedication. They almost have to be able to afford to do it. He does not see how an average working class man can afford to serve on the Board of Supervisors anymore. There is no way that person could give up the salary he/she would make for the little bit Of money the Supervisors are paid. Mr. Bowerman said Mr. Martin and Mr. Perkins work for employer's who demand certain things of them. Mr. Marshall said the County is fortunate that their employers allow them to do this. In years gone by, he remembers that banks and large corporations encouraged some of their officers to run for seats on the Board. They do not do that anymore. The Board is fortunate to have the members who are serving now, but he does not think the average citizen can run for the Board with the small amount of salary paid. Mr. Martin said he would like to make a clarification. He is a State employee, and the State does not allow him to serve on the Board. He does this by using his vacation time. He wants that to be clear. Mr. Bowerman said he knows Mr. Martin has some difficulties with this, and the sacrifice he makes to do this is not recognized. At this point, roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Mr. Martin. None. (Note: The ordinance as adopted is set out in full below.) ORDINANCE NO. 99-2(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by ~a¥ 5, 1999 (~e~ular Day Meeting/ (Page 24) amending Section 2-202, Compensation of Board of Supervisors, as follows: Sec. 2-202. Compensation of board of supervisors. The salary of the board of supervisors shall be ten thousand three hundred sixty-two dollars and no cents ($10,362.00) for each board member. In addition to the regular salary, the vice- chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98-A(1), 8-5-98; Ord. 99-2(1), 5-5-99) This ordinance shall be effective on and after July 1, 1999. Agenda Item No. 12. Appointments. There were none. Agenda Item No. 13. Other Matters not Listed on the Agenda from the BOARD. Ms. Thomas said she went to a meeting last night in the Village of Batesville. It is about to become the County's second historic rural district, like Proffit. There was a meeting with members of the Virginia Historic Preservation Department. It was pointed out that Batesville is almost unique in its accumulation of architecture. It is an enthusiastic community. Ms. Thomas said there was an article in the newspaper that there was a crack down on trucks taking waste to the Ivy Landfill if the loads were not properly secured. Ms. Catlin developed a nice one page flyer to give to anyone hauling trash. If the Board members go to neighborhood meetings, it is a good flyer to have copies of. People were issued summons for not having the trash property covered. Those on short trips felt it would not matter, but were caught. Ms. Thomas said when she was reading minutes she came upon a statement in the BFI contract reading: ~Anyone who causes to be delivered any nonconforming waste shall be responsible for the expenses." With the nonconforming, i.e., medical waste that showed up at the Landfill, she asked that the Rivanna Board be sure they have similar language in their contract with Waste Management. Mr. Tucker said they do. That is Waste Management's responsibility. The entity which generated the waste is responsible for removing it from the Landfill. Mr. Bowerman said there are stealth police cars in the County now, particularly on Route 29 North. The cars are marked, but do not have the light bar on the top. The Police are also using radar. He thinks the public should be made aware of this. Mr. Perkins said he had complimentary tickets for Board members to attend the Crozet Arts and Crafts Festival on May 14 and 15. This would give the Board an opportunity to come and look at the new ballfields and the swimming pool in the Crozet Park. Agenda Item No. 14. Executive Session: Legal Matters. Mr. Martin said he would like to have a motion to adjourn into Executive Session, but the Board members will go outside of the building to participate in Local Government Day before meeting on the Fourth Floor for the session. 000:t.53 May 5, 1999 (Regular Day Meeting) (Page 25) At 10:59 a.m., motion was made 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 two school sites and the use of specific publicly-owned property; and under Subsection (7) to consult with legal counsel and staff regarding an inter-jurisdictional service agreement. The motion was seconded by Ms. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. Agenda Item No. 15. Certify Executive Session. At 1:50 p.m., the Board reconvened into open session. Motion was immediately offered by Mr. Bowerman that the Board certify by a recorded vote that to the best of each Board 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. AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Mr. Martin. NAYS: None. Agenda Item No. 16. Adjourn. With no further business to come before the Board, the meeting was immediately adjourned. ~ C~hairm~~ Approved by the Board of County Supervisors