1999-08-04August 4, 1999 (Regular Day Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
August 4, 1999, at 9:00 a.m., Room 241, County. Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Ms. Charlotte Y. Humphris; Mr. Forrest R. Marshall, Jr.; Mr. Charles S. Martin;
Mr. Walter F. Perkins; and Ms. Sally H. Thomas.
ABSENT: Mr. David P. Bowerman.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County Attorney,
Mr. Larry W. Davis; and Chief of Planning and Community Development, Mr. David Benish.
Agenda Item No. 1. The meeting was called to order at 9:00 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. Irene Jordan, said she is concerned about development and increased traffic near
Morgantown Road. She distributed to the Board a copy of written comments, which are on file in the
Clerk's office and a permanent part of the record.
Agenda Item No. 5. Consent Agenda.
Ms. Humphris offered the motion, seconded by Ms. Thomas, to approve items 5.1 through 5.11,
and to accept the remaining items for information. Roll was called and the motion passed by the following
recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
None.
Mr. Bowerman.
Item No. 5.1. Authorize purchase of two acres of Edison Jackson property (TM121, P58) for Keene
Landfill Buffer.
The executive summary states that the Keene Landfill is an inactive municipal solid waste landfill
located on Route 704 in Southern Albemarle County. The property includes approximately 56 acres, 38 of
which is filled with municipal, commercial and construction wastes. The landfill operated from 1968 until it
officially ceased accepting waste in 1991.
The Board authorized negotiations With owners of Keene Landfill buffer properties during an
Executive Session on February 3, 1999. Staff has successfully negotiated the sale of two acres of the
A. Edison Jackson property, Tax Map 121-58, for a purchase price of $3,000.00.
The subject property is located on the western boundary of the landfill. This is an undeveloped,
wooded property. Purchase of this property will improve the County's ability to maintain and protect the
waste disposal areas of the landfill.
The Public Works Division recommends purchasing two acres of the A. E. Jackson property for
$3,000.00 with funds from the Keene Landfill Closure CIP Account.
Ms. Thomas asked that staff determined how much money the County has spent on the
Keene Landfill to-date. Mr. Tucker said staff could provide this information. However, he added
that the County is still attempting to acquire property adjacent to the landfill, and will have better
information on costs once that is resolved.
By the above recorded vote, the Board adopted the following Resolution authorizing the
purchase of two acres of Edison Jackson property (TM121i P58) for Keene Landfill Buffer:
RESOLUTION
WHEREAS, the County of Albemarle is the owner of record of certain property identified
as the Keene Landfill, Tax Map 129-2A, located in Southern Albemarle County;
WHEREAS, the County has determined that a need exists to acquire certain real property
adjacent to the Keene landfill;
August 4, 1999 (Regular Day Meeting)
(Page 2)
WHEREAS, the ....... ~"~' ;'": ":::':~;;~ ~'?'~'¥:'~'~ ~'"~ ~ '
CountY ~ntends to u(d~ze the acquired property for buffer and related
purposes in connection with the closure of the Keene landfill;
WHEREAS, the County has conveyed a written offer, memorialized in the Agreement for
Purchase of Real Estate attached hereto, to purchase approximately 2 acres of privately-owned
property adjacent to the Keene landfill for the fair market value of the property, contingent upon
approval by the Board of Supervisors; and
WHEREAS, the property owners have accepted the County's conditional offer.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, hereby authorizes the purchase of the above-referenced property according to
the terms and conditions set forth in the Agreement and Deed attached hereto.
AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT made this day of ,1999 by and between A.
EDISON JACKSON, JR. and SUSAN H. JACKSON (hereafter the "Seller"), and the COUNTY OF
ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer").
1. Sale and Description of Property. In consideration of the mutual promises contained
herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon and
appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and described as all
that certain real estate located in the County of Albemarle, Virginia containing 2.00 acres, more or less,
being a portion of Tax Map Parcel 121-58 located off State Route 704 south of Keene, as described
further as Parcel "X" on the plat made by Thomas B. Lincoln Land Surveyor Inc. dated July 6, 1999 (the
"Plat"), attached hereto.
2. Purchase Price. The purchase price for the property is Three Thousand Dollars
($3000.00), and shall be paid by Buyer to Seller at closing.
3. Title. The Seller agrees to convey the Property by appropriate deed containing general
warranty and English covenants of title, which title shall be good, marketable, and insurable, free and clear
of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants,
and restrictions of record which do not adversely affect marketability and insurability of title. In the event
Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60)
days of notice thereof, this Agreement may be declared null and void by Buyer, and all funds paid to Seller
by Buyer shall be refunded within thirty (30) days.
4. Expenses and Prorations. Buyer agrees to pay the expenses of preparing the deed, and
Seller agrees to pay the recordation tax applicable to grantors. Except as otherwise agreed herein, all
other expenses incurred by Buyer in connection with the purchase, including, without limitation, title
examination, survey costs, preparation of a plat of subdivision, environmental reports, and recording costs
shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date
of closing and paid by Seller.
5. Inspection. The Buyer and its agents shall have the right to enter upon the Property at
any time prior to closing for purposes of engineering, surveying, site analysis, and such other work, so
long as the studies do not result in a change in the character or topography of the Property. This
Agreement is contingent upon the Property being free of hazardous waste or other dangerous
environmental contamination. If the Buyer determines, in its sole judgment, that such contamination
exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be
refunded within thirty (30) days.
6. Subdivision Plat. The Seller agrees to execute upon request all plats and other legal
documents necessary to subdivide the land owned by it to transfer the PrOperty. The Seller may retain
any development rights applicable to lots of less than Twenty-one (21) acres.
7. Time is of the Essence. The Seller agrees that, with respect to all obligations specified
herein, time is of the essence.
8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before
August 30, 1999, or earlier if Buyer and Seller agree, or as soon thereafter as title can be examined and
papers prepared.
9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty or
other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material
loss, destruction or damage to the Property, Buyer may declare the Agreement null and void and all funds
paid to Seller by Buyer shall be refunded within thirty (30) days.
10. Condition of Property. Seller warrants that the Property shall be in substantially the same
condition at closing as it is at the time of the execution of this Agreement.
August 4, 1999 (Regular Day Meeti~i
(Page 3)
11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors
and assigns of the parties, constitutes the entire Agreement between the parties, and may not be modified
or changed except by written instrument executed by all parties.
12. Agreement Survives Closing. It is expressly understood and agreed by Buyer and Seller
that all agreements, promises, stipulations and representations contained herein shall survive closing and
shall bind the heirs, executors, administrators, agents, successors and assigns of the parties hereto.
13. This Agreement is expressly contingent upon its approval by the Albemarle County Board
of Supervisors (hereafter referred to as "Board"). If the Board fails to approve this Agreement within 60
days of its execution by Seller, Buyer or Seller may declare this Agreement null and void and all funds
paid to Seller by Buyer shall be refunded within thirty (30) days.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above
written.
SELLER:
A. EDISON JACKSON, JR.
SUSAN H. JACKSON
BUYER:
COUNTY OF ALBEMARLE, VIRGINIA
BY:
ROBERT W. TUCKER, JR.
COUNTY EXECUTIVE
THIS DEED is dated this day of ,1999 by and between A. EDISON
JACKSON, JR. and SUSAN H. JACKSON, Grantors, and the COUNTY OF ALE~EMARLE, VIRGINIA,
Grantee.
WITNESSETH:
That for and in consideration of the total sum of THREE THOUSAND DOLLARS ($3,000.00), and
other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby
GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY AND ENGLISH COVENANTS OF
TITLE unto the Grantee the following described property:
All that certain real estate located in the County of Albemarle, Virginia, and described as that
portion of land containing 2.00 acres, more or less, being a portion of Tax Map Parcel 121-58
located off State Route 704 south of Keene, as described further as Parcel "X" on the plat made
by Thomas B. Lincoln Land Surveyor Inc. dated July 6, 1999 (the "Plat"), attached hereto and to
be recorded herewith.
Being a portion of the property conveyed to A. Edison Jackson, Jr. and Susan H. Jackson, by
deed from Alfred E. Jackson and Kathleen Beach Jackson, husband and wife, dated March 1,
1977, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed
Book 618, Page 97, and described as that certain tract of land approximately one-half mile west of
"Glendower" containing 69-1/4 acres, more or less, bounded on the east by State Route No. 704
and on the south by "Old Limestone Road" and more particularly described on plat of R. E. Shaw
recorded with deed of W. Gordon Merrick and Anne Dwight Merrick dated December 5, 1910, of
record in the aforesaid Clerk's Office in Deed Book 144, page 162.
Reference is made to the Plat for a more particular description of the land conveyed hereby.
As evidenced by its acceptance and recordation of this deed, Grantee covenants and agrees, on
behalf of itself, its successors and assigns, that the property conveyed hereby will not be used for the
expansion of the landfilling operation at the Keene Sanitary Landfill or as a new landfill; this covenant shall
be deemed to run with the land and is for the benefit of (and may be enforced by) the Grantors, their
successors and assigns.
This conveyance is made subject to all easements, reservations, restrictions and conditions, if
any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the
chain of title to the above-described property which have not expired by a time limitation contained therein
or have otherwise not become ineffective.
The Grantee, acting by and through its County Executive, duly authorized by resolution of the
Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real
estate made by this Deed and on the terms, covenants and conditions set forth herein.
August 4, 1999 (Regular Day M~i~i ·
(Page 4)
This deed is exempt from state rec0~'dati~n taxes imposed by Virginia Code § 58.1-801, pursuant
to Virginia Code § 58.1-811(A)(3).
GRANTORS: A. EDISON JACKSON, JR.
GRANTEE:
SUSAN H. JACKSON
COUNTY OF ALBEMARLE, VIRGINIA
By:
ROBERT W. TUCKER, JR.
COUNTY EXECUTIVE
Item No. 5.2. Road Name Change Request - Greenbrier Drive (off Hydraulic Road) to Townwood
Drive.
The executive summary states that staff has completed the road name change phase of the
Enhanced 911 implementation project in accordance with the Board's road name change policy. The
Board's policy states that after this phase of the project has been completed, no further changes to road
names would be permitted without Board approval. Staff has been made aware of a situation for which a
road name change should be further considered.
Staff has received a request to change the name of Greenbrier Drive (off Hydraulic Road) to
Townwood Drive at the request of the Townwood Property Owners Association (letter on file in the Clerk's
office and a permanent part of the record.) Staff concurs with the reasons for this change as outlined in
the letter. Staff has confirmed that ail abutting property owners are in favor of the change (signatures are
represented on the letter). A map indicating the location of this road is also included. Due to the
opportunity that this request presents to eliminate a duplicate road name (consistent with the Road
Naming and Property Numbering Ordinance and Manual guidelines), costs associated with new signage
(approximately $150) will be the responsibility of Albemarle County. The Greenbrier Drive signs that are
replaced can be used at other Greenbrier Drive locations.
Should the Board aPl)rove the new road name as requested, staff recommends the Board grant
staff the authority to coordinate/implement the above referenced change.
By the above recorded vote, the Board approved the request to change the name of
Greenbrier Drive (off Hydraulic Road) to Townwood Drive.
Item No. 5.3. Resolution to accept McLane Road in McLane Ridge Subdivision into the State
Secondary System of Highways.
By the above recorded vote, the Board adopted the following Resolution to accept McLane
Road in McLane Ridge Subdivision into the State Secondary System of Highways:
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 4th day
of August, 1999, adopted the following resolution:
RESOLUTION
WHEREAS, the streets in McLane Ridge described on the attached Additions Form SR-5(A)
dated July 27, 1999, fully incorporated herein by reference, are shown on plats recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the streets meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road in McLane Ridge as described on the
attached Additions Form SR-5(A) dated July 27, 1999, to the secondary system of state highways,
pursuant to {}33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills and drainage as described on the recorded plats;
and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
August 4, 1999 (Regular Day Meeting)
(Page 5)
Item No. 5.4. Resolution for state Disaster Desig~ati0n for Albemarle County.
The executive summary states that the letter below, from Mr. Dave Vaden, Extension Agent,
provides some vital information on the impact of the recent drought conditions on agriculture in Albemarle
County. The total fiscal impact is estimated to be approximately $8.5 million.
To obtain state and federal disaster relief to address this critical situation among County farmers,
the following resolution asks the Governor to seek disaster designation and federal relief for this
jurisdiction.
Staff recommends approval of the Resolution requesting state disaster designation from the
Governor for Albemarle County.
"Crop and livestock producers in Albemarle County are presently facing financial losses
as a result of lingering drought conditions. Rainfall data obtained from the State
Climatologist office indicates the county received 2/3 of its normal cumulative rainfall for
the July, 1998 through June, 1999 periodm16.28 inches below normal. Rainfall during
the current growing season (April' 1 through July 23) is 8.16 inches below normal. Couple
with this dry weather pattern are extended periods of extreme daytime temperatures. The
combined effect of these events include a drastic reduction in hay and pasture production
and reduced sale weights of area beef cattle. Several beef herds will likely liquidate or
partially liquidate due to shortages of winter feed supplies and many calves and yearlings
are being marketed early as a result of limited pasture growth.
Fortunately, much of the major row cropping areas of the county received very timely
rainfall. Although some fields will receive severe drought damage, near normal yields are
expected for corn, soybean, and small grain crops at this point. To date there have been
no significant fruit crop losses reported.
The following table summarizes loss estimates for the major crops produced in Albemarle
County.
Initial projected gross revenue losses
Crops Affected Amt. Affected Percent Loss Dollar Loss
Pasture 64,932 Acres 60% $ 573,479
Mixed Hay 32,873 Acres 60% $6,666,644
Alfalfa Hay 1,443 Acres 30% $ 432,900
Corn Silage 2,000 Acres 20% $ 192,000
Corn Grain 1,000 Acres 20% $ 49,600
Soybeans 500 Acres 20% $ 22,000
Beef Cattle 10,282 Head 75 Ibs/hd $ 544,946
Total Estimated Loss:
$8,481,569"
Mr. Marshall said that he, as a farmer, is personally suffering from the drought. He asked if there
is going to be money available to farmers. Mr. Tucker said Iow-interest loans might be available, but he
has not heard of any "free cash" becoming available. Mr. Marshall said farmers cannot afford to borrow
any more money, so Iow-interest loans are not helpful. Mr. Perkins said perhaps the government will
provide assistance by providing hay or corn at reduced costs. Mr. Tucker said Congress is assessing the
situation throughout the country. Ms. Humphris commented that the country gives away money to those
abroad, yet offers only Iow-interest loans to U.S. citizens.
Mr. Tucker suggested the Board send a letter to Congress expressing the County's concern and
providing suggestions which could augment loans. Ms. Humphris said Congress does not listen to
farmers. Congress needs to consider the country's long-term future. Mr. Martin said before sending a
letter, the Board should get a wider opinion from farmers as to whether the loans would be helpful before
criticizing them. Ms. Thomas said legislators in our area could investigate this matter.
By the above recorded vote, the Board adopted the following Resolution for State Disaster
Designation for Albemarle County:
RESOLUTION
Declaring Albemarle County an Agricultural Disaster
Due to Drought Conditions
and
WHEREAS, the drought conditions in the County of Albemarle have severely affected farmers;
WHEREAS, during the growing season of this year the County of Albemarle has received
considerably less rain than normal while experiencing unseasonably high temperatures; and
August 4, 1999 (Regular Day Meeting)
(Page 6)
WHEREAS, the CharlottesvilleiAIbemade EXtension Agent of the Virginia Cooperative Extension
has reported that approximately 102,748 acres of pasture, hayland, corn and soybean, and 10,282 head
of cattle have been adversely affected within the County at an estimated loss of $8,481,569;
NOW, THEREFORE, BE IT RESOLVED, that the County of Albemarle, Virginia be designated as
a drought disaster area as recommended by Virginia Cooperative Extension and in accordance with the
State Code as an Agricultural Disaster due to drought conditions and that the County Executive is hereby
instructed to file notification of this action with the Governor of Virginia.
Item No. 5.5. Resolution requesting LEOS retirement benefits for Correctional Officers at the
Charlottesville/Albemarle Regional Jail.
The executive summary states that the General Assembly approved an enhancement for
Correctional Officers retirement (LEOS) during the last session, which allows for retirement after 25
years of service after reaching age 50. The LEOS retirement also provides for a supplement for anyone
who served at least 20 of the last 25 years in what would be deemed a hazardous position. All the
sworn officer positions at the jail would be considered hazardous positions.
The Jail Board approved the enhanced retirement package for the Correctional Officers at their
July 14, 1999 meeting, but it must also be approved by the participating political subdivisions of the jail.
The Jail Board estimates that the annual cost of increasing their VRS rate to cover the additional
benefits will be $90,048. They have approved the additional costs of the LEOS benefits effective
January 1, 2000, at a cost of approximately $45,000. The additional costs will be funded by the
Authority's FY00 budget.
The Board approved LEOS retirement benefits for all Albemarle County law enforcement
personnel in 1976, which includes all police officers and the Sheriff's Department. The Board also
approved the enhanced LEOS retirement benefits for the Albemarle County firefighters in May, 1999.
The following resolution provides the County's approval to extend LEOS retirement benefits to
full-time salaried Correctional Officers and the Superintendent.
Staff recommends approval of the following Resolution granting the Board's approval to extend
LEOS retirement benefits to Jail Correctional Officers and the Superintendent at the
Albemarle/Charlottesville Regional Jail.
By the above recorded vote, the Board and the Superintendent adopted the following
Resolution to extend LEOS retirement benefits for Correctional Officers at the
Charlottesville/Albemarle Regional Jail:
RESOLUTION
BE IT RESOLVED that the County of Albemarle, Virginia, a political subdivision currently
participating with the Albemarle/Charlottesville Regional Jail, acting by and through its Board of
Supervisors, does hereby concur that the Jail, participating in the Virginia Retirement System under
provisions of Title 51.1, Chapter 1, Article 5 of the Code of Virginia, as amended, may elect to have such
employees of the Jail who are employed in positions as full time salaried Jail Superintendents and Jail
Officers and whose tenure is not restricted as to temporary or provisional appointment, to become eligible,
effective January 1, 2000, to be provided benefits in the Virginia Retirement System equivalent to those
provided for State police officers of the Department of State Police, and Albemarle County Police Officers
and Firefighters, 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 Code has been or may be amended from time to time.
Item No. 5.6. Adopt Resolution authorizing the issuance of Industrial Development Authority for
Region Ten Community Services Board, Inc.
The executive summary states that on July 22, 1999, the Industrial Development Authority
(IDA) held a public hearing and approved the issuance of revenue bonds in an amount not to
exceed $5,000,000. The issuance of the bonds was considered by the IDA at the request of the
Region Ten Community Services Board to:
(1)
(2)
(3)
Refinance $2 million in revenue bonds on the agency's current facility;
Refinance loans on four current residential facilities for adults with mental retardation;
and
Finance the construction of three new facilities to provide services for persons with
mental disabilities.
In addition to expanding services through the planned construction of new facilities, the
proposed financing will result in a savings to the Community Services Board by refinancing current debt
at more competitive interest rates.
August 4, 1999 (Regular Day Meeting)
(Page 7)
Staff recommends approval of th8 ~oiibwing ~bibtibn authorizing the issuance of bonds by
the IDA.
By the above recorded vote, the Board adopted the following Resolution authorizing the
issuance of Industrial Development Authority for Region Ten Community Services Board, Inc,:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has
considered the application of Region Ten Community Services Board, Inc. ("Company") requesting the
issuance of the Authority's revenue bonds in an amount not to exceed $5,000,000 ("Bonds") to assist the
Company in refinancing and financing acquisition, construction and equipping of the various projects
(collectively, the "Project") listed on Exhibit A attached hereto, and has held a public hearing on
July 22, 1999;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over
the area in which any facility financed with the proceeds of private activity bonds in located must approve
the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia
("County"), a portion of the Project is to be located in the County; and the Board of Supervisors of the
County of Albemarle, Virginia ('board") constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds;
and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to
the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been
filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF ALBEMARLE, VIRGINIA:
The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as
required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as
amended ("Virginia Code").
The approval of the issuance of the Bonds does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the Project or the Company.
Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1),
this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 4th day of August,
1999.
Item No. 5.7. Proclamation proclaiming August 26, 1999 as Women's Equality Day.
Mr. Martin read the following proclamation.
By the above recorded vote, the Board adopted the following Proclamation proclaiming
August 26, 1999 as Women's Equality Day:
PROCLAMATION
WHEREAS, many decades of effort by workers for women's rights were required to give women
the right to vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and policies in the
Commonwealth of Virginia, the United States of America, and this County do not unjustly discriminate
against females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates the passage
of the 19th Amendment to the Constitution of the United States, the amendment that gave the right of
suffrage to American women;
August 4, 1999 (Regular Day Meeting)
(Page 8)
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia, does hereby proclaim
August 26, 1999
as
WOMEN'S EQUALITY DAY
in remembrance of all those women and men who have worked to develop a more equitable community
that acknowledges both the real similarities and the important differences between women and men; and
BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to eliminate all
unjust discrimination and prejudice against women, and ensure equality of rights, privileges, and
responsibilities for all women and men.
Item No. 5.8. Appropriation: Criminal Justice Planner Grant 00-D9168, $64,900 (Form #99009).
The executive summary states that grant funds are being requested to fund a criminal justice
planner for the Jefferson Area Community Criminal Justice Board (CCJB) serving the nine participating
localities under the Community Corrections Options Program. This grant has been approved for a third
year. This position will collect data, assess criminal justice needs in the nine-county area and assist the
CCJB in developing a strategic plan for community criminal justice services. Although the position is
housed and supervised at the planning district, the position serves as staff to the CCJB. Project Director
for the grant is Jim Camblos, Commonwealth Attorney.
The criminal justice planner will be funded by a $45,892.00 Department of Criminal Justice
Services (DCJS) grant and $19,008.00 in local match for a total of $64,900.00. The local match will be
provided by the nine participating localities. The match for the County of Albemarle is being funded by
current budgeted expenditures.
Staff recommends the Board approve the appropriation totaling $64,900.00, as detailed on
Appropriation form #99009.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER: 99009
FUND: GRANT
PURPOSE OF APPROPRIATION: FUNDING FOR CRIMINAL PLANNER GRANT (00-D9168).
EXPENDITURE
CODE
1 1520 29409 300000
DESCRIPTION
PURCHASED SERVICES
AMOUNT
$ 64,900.00
TOTAL $ 64,900.00
REVENUE
CODE
DESCRIPTION AMOUNT
2 1520
2 1520
2 1520
2 1520
2 1520
2 1520
19000 190207 CITY OF CHARLOTTESVILLE $ 3,971.00
19000 190216 CENTRAL VA REGIONAL JAIL 8,853.00
19000 190217 COUNTY OF GOOCHLAND 1,483.00
19000 190218 COUNTY OF NELSON 730.00
33000 330408 DCJS GRANT 45,892.00
51000 512004 GENERAL FUND TRANSFER 3,971.00
TOTAL $ 64,900.00
Item No. 5.9. Appropriation: Crime Analysis Unit Grant 00-D9169, $36,808 (Form #99011).
The executive summary states that the Department of Criminal Justice Services has approved a
grant to establish a crime analysis unit providing multi-agency services. Funding is requested for a
crime analyst, crime analysis software, and computer equipment. This position will collect data and
assess criminal justice needs for the County of Albemarle, City of Charlottesville, and the University of
Virginia. This is the third renewal of this grant.
A $27,606.00 Department of Criminal Justice Service's grant and $9,202.00 local match will
fund the crime analyst. The local match is funded by $3,067.33 each by the City of Charlottesville and
the University of Virginia and $3,067.34 by the County of Albemarle. The County of Albemarle's match
of $3,067.34 is funded from current operations.
August 4, 1999 (Regular Day Meeting)
(Page 9)
Staff recommends the Board approve the appropriation totaling $36,808, as detailed on
Appropriation form #99011.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER: 99011
FUND: GRANT
PURPOSE OF APPROPRIATION: CRIMINAL JUSTICE CRIME ANALYSIS GRANT (00-D9169).
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1520 29411 110000 SALARIES $ 29,658.00
I 1520 29411 210000 FICA 2,269.00
1 1520 29411 221000 VRS 3,328.00
1 1520 29411 550400 TRAVEL-EDUCATION 600.00
1 1520 29411 800700 ADP EQUIPMENT 953.00
TOTAL $ 36,808.00
REVENUE
CODE
DESCRIPTION AMOUNT
2 1520 19000 190207
2 1520 19000 190219
2 1520 33000 330405
2 1520 51000 512004
CITY $ 3,067.33
UVA 3,067.33
CRIME ANALYSIS GRANT 27,606.00
GENERAL FUND TRANSFER 3,067.34
TOTAL $ 36,808.00
Item No. 5.10. Appropriation: Department of Social Services Foster Care and Adoption Services,
$77,864 (Form #99001 ).
The executive summary states that during FY00 budget work sessions, the Board approved an
additional $23,200 in local match funds for the Department of Social Services to leverage $92,800 in
state funds for new foster care workers. This additional money from the state was the result of a
comprehensive study of foster care caseloads and staffing levels in local agencies that found that 172
FTE social workers were needed statewide to achieve the recommended staffing levels.
Upon finalization of the State allocation formula, the County was advised that it would receive a
total of $198,864, which is an additional $77,864 over the anticipated $116,000. Based on the 20 percent
match rate, Albemarle will draw down $62,291 in state funds for an additional local match of $15,573.
The $198,864 will be used to fund a second Foster Care/Adoption Supervisor, two foster care workers,
and either an eligibility or clerical worker. Since the department has taken in 25 additional children in
the last two months, the additional staff made possible by these funds is crucial.
Staff recommends approval of Appropriation # 99001 in the amount of $77,864, $62,291 in state
funds and $15,573 in local matching funds from the County's general fund balance.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER: 99001
FUND: GENERAL
PURPOSE OF APPROPRIATION: ADDITIONAL FUNDING AND LOCAL MATCH FOR FOSTER CARE.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1000 53013 110000 SALARIES $ 52,616.00
1 1000 53013 210000 FICA 3,945.00
1 1000 53013 221000 RETIREMENT 5,786.00
1 1000 53013 231000 HEALTH 165.00
1 1000 53013 232000 DENTAL 420.00
1 1000 53013 270000 WORKMAN'S COMP 1,000.00
1 1000 53013 520300 TELECOMMUNICATIONS 250.00
1 1000 53013 550102 LONG DISTANCE 250.00
1 1000 53013 550100 TRAVEL - MILEAGE 250.00
1 1000 53013 550400 TRAVEL- EDUCATION 250.00
August 4, 1999 (Regular Day Meeting)
(Page 10)
1 1000 53013 520100
1 1000 53013 601700
POSTAL
COPY SUPPLIES
250.00
250.00
1 1000 53013 800200
1 1000 53013 800700
REVENUE
CODE
2 1000 51000 510100
2 1000 24000 240114
FURNITURE
COMPUTERS/PRINTERS
TOTAL
DESCRIPTION
FUND BALANCE
TOTAL
2,250.00
5,000.00
$ 77,864.00
AMOUNT
$15,573.00
62,291.00
$ 77,864.00
Item No. 5.11. County Funding for Improvement to Skateboard Park on Mclntire Road.
Mr. Tucker had previously distributed the following memorandum to Board members:
"The City of Charlottesville has recently requested that the County share in the cost of
improvements to the skateboard park currently located on Mclntire Road on the old
Mclntire tennis courts. They are proposing several safety and appearance improvements,
which are listed in the attached letter.
The cost estimate for these improvements in $68,560. A recent survey revealed that 40
percent of the users were County residents and the City is requesting that we share in
funding a comparable amount. Discounting a grant of $10,000 that the City has recently
received, the County's 40 percent share would equal $23,400. Our Parks and Recreation
Department supports this investment of County funds into the Mclntire site, as the
skateboard parks provide a recreational outlet for a number of County youth who may not
be involved in other types of sports programs.
If the Board is supportive of sharing in the cost of these improvements, I would
recommend that we use carry-over funds for an amount not to exceed $23,400 from last
fiscal year which will be included in a recommendation to you in September."
Mr. Marshall said he thought a road would eventually go through the tennis courts. Mr.
Tucker said the City has no plans to widen the road in that area. Parks & Recreation staff
recognizes the growing use of the area, as evidenced by a recent survey conducted by the City.
Ms. Humphris said perhaps the County could conduct its own survey to see if skate boarding is a
growing trend in the future and determine whether funds should be requested in the future.
Mr. Tucker said the request is only for improvements, not on-going funding.
Ms. Humphris asked if the County assumes any liability by partially funding the purchase
of the property. Mr. Tucker said liability resides with the City.
By the above-shown vote, the Board approved the request for County funding for
improvements to the skateboard park on Mclntire Road,
Item No. 5.12. Virginia Municipal League (VML) "Virginians to Virginians" Program, was received
for information.
The executive summary states that the goal of VML's Virginians to Virginians program, similar to
the international Sister Cities program, is to give local officials an informal opportunity to visit and learn
from each other. To date, 50 localities chose to participate in this opportunity to experience first hand
how another community implements a program, deals with a common challenge or plans for the future.
We were not part of the program last year, but VML is offering Albemarle another chance to participate.
The 1999-2000 Virginians to Virginians program will match local governments for one or two
years, depending on the wishes of the localities. Local officials may choose to establish their own
partnership or can ask VML to assist them. After a partnership is formed, the only requirement is that
local officials visit each other at least once during the year.
Fauquier County has requested that Albemarle County partner with them, although the County
could also request to partner with another locality or add another locality to Fauquier. Another option is
to elect not to participate at all in the program.
August 4, 1999 (Regular Day Meeting)
(Page 11)
If the Board has no comments or recommendations, the County will accept the request to partner
with Fauquier County next year. If the program proves to be worthwhile, other partnership possibilities
can be explored in future years.
Ms. Humphris said the County should be honored that Fauquier County wished to join as a sister
county. Ms. Thomas added that this is a one year commitment only.
Item No. 5.13. Game and Inland Fisheries final results from expanded hunting-related
enforcement, was received for information.
Ms. Humphris said the report does not include information the Board requested. She wants to
know which judges issued which sentences, so as to know whether arrest results were meaningful, and to
see if it helped to hire additional deputies. Mr. Tucker said he would ask for the additional information. He
noted that Lt. Moore gathers the information from all the counties, and that Albemarle is asking for
additional information. He will ask Lt. Moore to begin a new data base to capture what the Board wants.
Mr. Perkins said he felt the average fines for trespassing were very Iow, and constituted only a slap on the
wrist.
Item No. 5.14. Memorandum dated July 12, 1999, from Mr. Rodney Foster, President,
Chesapeake Farm Bureau, to Farm Bureau Board of Directors and Producer Members, re: High Growth
Coalition Agenda, was received for information.
Item No. 5.15. Copy of Future Water Supply Project Information Packet Preliminary Alternatives
Public Meeting of April 20, 1999, as presented by the Rivanna Water and Sewer Authority and Vanasse
Hangen Brutlin, Inc., was received for information.
Item No. 5.16. Letter dated July 29, 1999, from Ms. Angela G. Tucker, Resident Highway
Engineer, to Ms. Ella W. Carey, Clerk, re: transportation matters discussed at the July 7, 1999 Board
meeting, was received for information.
"We offer the following comments regarding transportation matters that were discussed at the
July7th Board meeting.
The following gravel road projects currently on the Secondary Six Year Plan have
revised advertisement dates as shown:
Dick Woods Road (Route 637) Current ad date 10/98; new ad date 12/99
Midway Road (Route 791) Current ad date 12/98; new ad date 02/2000
Durrette Ridge Road (Route 605) Current ad date 2/99; new ad date 02/2000
Grasmere Road (Route 679) Current ad date 10/99; new ad date 2/2000.
The dead tree on Tabor Street will be scheduled for removal by contract as soon as
possible (coordination with Virginia Power will be necessary due to the close proximity
of the tree with power lines).
· The sidewalks under the railroad bridge in Crozet on Route 240 have been swept.
· We have applied calcium chloride to abate dust on Rocky Hollow Road (Route 769).
· The dead tree limb on Route 627 south of Route 712 was removed.
Residents living along Morgantown Road (Route 738) met on May 10, 1999, to
discuss their concerns regarding traffic issues. The Department of Transportation,
Albemarle County Police, Albemarle County Administration and the Board of
Supervisors were represented at this meeting. The main desire of residents was to
make the area more residential in nature giving drivers the impression that they are
traveling through a neighborhood rather than along a country roadway.
Vehicular speeds were a leading concern. Our speed study indicates higher than
desirable operating speeds ranging from the mid 40's mph to as high as the upper
50's mph. Given the posted speed limit of 35 mph for the entire roadway, such
operating speeds indicate a considerably high non-compliance rate and need to be
addressed by enhanced enforcement. The community requested a reduction in the
posted speed limit of 35 mph to 25 mph. Considering the aforementioned data, it
would be extremely difficult to justify a 25 mph speed limit especially given that such
limit would lie outside the +/- 10 mph window for even the 50th percentile operating
speeds.
Citizens indicated their interest in initiating a program with the County Police whereby
local residents would take license plate numbers of those speeding and give the
August 4, 1999 (Regular Day Meeting)
(Page 12)
information to the police. Police would then send a letter to the vehicle owner
indicating that the vehicle was observed at a certain date and time tra~veiing
excessively fast on Morgantown Road.
VDOT representatives explained procedures for the traffic calming pilot program. At
this time we recommend that wide pavement markings be installed to give the
perception of a narrow travelway which often reduces speeds. A resident suggested
that the Department cul-de-sac Route 738 on both ends making access only from
Route 676. This concept did not receive a favorable reaction but was held as a
possible future consideration.
Citizens indicated that motorists often pass stopped school buses. The County Police
indicated that they would step up their enforcement. The Department will install
additional STOP FOR STOPPED SCHOOL BUS signs. It was also noted that a large
number of parents driving children to Murray School travel excessively fast after their
children are dropped off. School officials indicate that the School Board's decision to
consolidate bus routes in order the save money has resulted in much longer bus
routes (some routes have children on a bus in excess of 60 minutes) and many
parents are driving their children to school to prevent them from being so long on the
bus. School officials stated that they would issue a flier requesting parents to travel
more cautiously when driving to and from the school.
Concerns were expressed regarding truck traffic on Morgantown Road. The closing of
Dettor, Edwards and Morris, Inc. significantly reduced the sizes and frequency of
trucks traveling along Route 738. A recent count confirms that there has been an
approximate one percent reduction in larger truck volumes. The type of truck most
frequently found using Morgantown Road is classified as a single unit, two axle
vehicle, i.e. delivery vans and small construction vehicles, or pick up trucks.
Residents indicated their desire for sidewalk and bicycle facilities along Morgantown
Road. It was explained that these improvements would occur through the Secondary
Six Year Program and can be considered for inclusion in the plan during the next
annual revision review."
Agenda Item No. 6. Approval of Minutes: March 10(a), 1997; July 1, 1998; April 21, June 2,
June 9, June 16 and July 12(a), 1999.
Mr. Martin said he read the minutes of July 1, 1998, and approved them as read. Mr. Perkins said
he read the minutes of June 16, 1999, and approved them as read. Ms. Humphris said she read the
minutes of July 12(a), 1999, and approved them as read.
Ms. Humphris moved to approve the minutes of July 1, 1998, June 16, 1999, and July 12(a),
1999 as read. Ms. Thomas seconded the motion. Roll was called and the motion passed by the
following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
None.
Mr. Bowerman.
Agenda Item No. 7.a. Discussion: Meadow Creek Parkway.
Mr. Tucker summarized the executive summary, which states that at their meeting on
July 19, 1999, the Charlottesville City Council approved the Meadow Creek Parkway, in a three-to-two
vote, for a two-lane facility, but with right-of-way provided for four-lanes. They also proposed five
issues for the County to consider as it relates to the Meadow Creek Parkway:
· Eastern connector;
· Additional parkland to be added to existing parkland and trails; .
· Cooperate in hiring design consultant;
· No cell towers in Meadow Creek Parkway right-of-way; and
· Pedestrian crossing at Meadow Creek Parkway and Melbourne Road.
The five issues presented to the County by the City with respect to the Meadow Creek Parkway
ideally requires the review of the entire Board. All of the issues appear to be worthy of consideration and
discussion.
Staff recommends that the Chairman notify the Mayor that the County supports discussing the five
items they have proposed, but would like to consider these items in September, when the full Board can
discuss this matter.
August 4, 1999 (Regular Day Meeting)
(Page 13)
Ms. Humphris moved to authorize the Chairman to notify the Mayor that the County supports
discussing the five items they have proposed, but would like to consider these items in September, when
the full Board can discuss this matter. Ms. Thomas seconded the motion. Roll was called and the motion
passed by the following recorded vote:
AYES Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Bowerman.
Mr. Martin said he is concerned about the eastern connector from Route 250 to Rio Road.
Ms. Humphris said everyone needs to know about the study to be undertaken on the eastern planning
initiative over the next two years.
Agenda Item No. 7b. Other Transportation Matters.
Mr. Marshall asked that VDOT install signs to indicate where Route 20 South narrows from two
lanes to one just past Route 53. Ms. Tucker said VDOT will conduct a review for additional signage
and/or markings.
Ms. Thomas questioned why VDOT had recommended wider pavement markings on Morgantown
Road as a traffic calming measure. Ms. Tucker said such marking have not proven to reduce speeds in
other localities, but VDOT is willing to try them in this location, combined with wider markings along the
side of the road. Ms. Thomas said citizens are also interested in providing input on the location of "Stop
for School Children" signs. Ms. Tucker said VDOT will work with the neighborhood in this regard.
Mr. Perkins suggested closing the west entrance in an effort to reduce traffic. People seem to use
that route to beat slower traffic on Route 250. Ms. Tucker said VDOT could close that end of the road, but
is concerned about the poor sight distance at Route 676 and its connection to Route 738. She said this
road could be addressed in the Preliminary Road Improvement Plan. Mr. Perkins said closing the
entrance would have no impact on sight distance. Ms. Tucker said there are no right hand turn lanes at
this point. Mr. Perkins said adding some would be helpful.
Ms. Thomas then offered a motion to close the west entrance onto Morgantown Road for east-
travelling traffic. No one seconded the motion, and it failed. Mr. Martin said the Board should review a
diagram of any suggestions before taking such a vote. He suggested the item be added to the consent
agenda at a later date.
Ms. Thomas noted that VDOT statistics indicate there has been only a one percent reduction in
larger-truck traffic in this area. She added that sidewalks and bicycle paths would be considered in the Six
Year Plan.
Ms. Humphris asked that "puppy tracks" be put in place coming out of Riverbend Drive. At night
drivers do not notice a crown in the road, and drivers do not always stay in their lanes.
Mr. Martin asked that Ms. Tucker inform him if she receives a phone call about paving Route 606.
He said VDOT does not need to take any action at this time.
Mr. Marshall said citizens are concerned that there is little parking available at the Warren Ferry,
which is heavily used. "No Parking" signs have been installed so that buses can turn around, but local
residents say they are now unable to access the river. Ms. Tucker said Parks and Recreation staff have
informed her that overnight visitors have been abusing the area. She said VDOT could post "No
Overnight Parking" signs.
Mr. Davis said them is a 50-foot VDOT right-of-way to the river. James River Runners leases the
adjacent property and prohibits parking. Mr. Tucker said the County is examining buying some property to
provide access to the river. He will follow up with Mr. Pat Mullaney, Director of Parks and Recreation,
and put this item on the consent agenda at a later date.
Agenda Item No. 8. Presentation: Annual Report from the Commission on Children and Families.
Mr. Jim Peterson, Chairman of the Charlottesville/Albemarle Commission on Children and
Families (CCF), said that CCF unifies local and state-mandated planning efforts for children and families,
to understand the impact of the ama's services and the health of the community over time, to heighten the
visibility of issues facing children and families, and to bring citizens and professionals together to improve
the service delivery system.
August 4, 1999 (Regular Day Meeting)
(Page 14)
The City and County appoint 20 members to the CCF, nine of whom are citizens (including two
youth representatives and a private provider representative), seven heads of institutions serving children,
a representative from UVA and three non-voting members from the City, County and United Way.
Members meet monthly in different neighborhoods. Work groups comprised of CCF and community
members produce recommendations for action, and are coordinated by an Executive Committee. The full
Commission votes on policy and program recommendations for implementation.
Main areas of focus include: Identifying and supporting priority issues, measuring the health of
the community and raising the visibility of children and families, providing reliable information on planning
efforts and services, providing comprehensive planning and funding guidance, and coordinating services
for better results and accountability.
Mr. Richard Meriwether, a Commission member, then discussed two of their work groups focusing
on two priority issues:
Early Childhood Development Work Group: Determined the need for local prevention effort
"ensuring that all children are born healthy and arrive at school ready to learn", researched national and
state early intervention and "healthy family" models, with local agencies, facilitating a community-wide
Growing Healthy Families Partnership enhancing services to all parents.
Children Needing Extensive Service Work Group: Convening diverse group of school and agency
personnel focused on the children who may be harmful to themselves and the community.
Mr. Larry Miller then discussed other work groups:
Data Management Work Group: Measures the health of the community and raises the visibility of
children and families. The group is developing an annual report card to measure local progress on
creating a community, which nurtures children and families. It is collecting and sharing up to date
statistical and trend data on children an d families. They plan to have an interactive management
information system to coordinate and track local education social services.
The Public Involvement Work Group provides information on planning efforts and services to
children and families. It involves students and community members in promoting a family-friendly image
for CF. They publish a Guide to Youth Services, in collaboration with United Way, and an accompanying
on-line search engine, and are developing a strategy for achieving meaningful community involvement.
Ms. Saphira Baker, Director of the Commission, explained how funding is provided, as well as
how local leaders are provided planning guidance.
Outcome Funding/Evaluation Work Group: Piloting and seeking community support for an
"outcome funding" model of allocating funds. Revising the City/County/United Way application process for
agencies to measure the true results of Programs.
FY00 City/County Agency Budget Review Team: Making funding recommendations to the City
and County based on local needs, priorities, and agency outcomes. (Dr. Kevin Castner mentioned that
this team is looking at children in a comprehensive manner. He is particularly interested in the area of
early learning.)
Ms. Baker said CCF also coordinates therapeutic and foster care services.
Comprehensive Services Act (CSA) Committee: Administers and manages over $5 million in
state and local matching funds, serving approximately 440 children in Charlottesville and Albemarle.
Provides policy and procedural recommendations to the CCF as the local Community Policy and
Management Team (CPMT). Coordinates development and review of inter-agency service plans for
children and their families. Develops strategies to contain costs promote creative service delivery, and
meet state requirements for children in need.
She said CCF also coordinates juvenile justice and crime control efforts
Juvenile Justice Advisory Committee: Developing a set of local guidelines of services and
sanctions for judicially-involved youth. Making recommendations for system improvements based on local,
research and committee work. CCF's Juvenile Justice Coordinator is responsible for monitoring local
programs funded through the Virginia Juvenile Community Crime Control Act.
Mr. Peterson concluded by saying that a fundamental weakness of previous organizations was
the lack of direct involvement with school superintendents. He appreciates the current Superintendent's
involvement in the new process.
Mr. Martin wished the group good luck in getting the judges to provide uniform sentencing.
Ms. Thomas said a stepping stone approach helps the Sustainability Council identify and adopt
benchmarks. She hoped there would be no duplication of efforts in addressing the needs of children. She
August 4, 1999 (Regular Day Meeting)
(Page 15)
added that she hopes the Guide is being distributed widely, and that the group works with the Criminal
Justice Planner.
Ms. Humphris said the amount of time, energy and ability spent by this group is amazing. She
hopes the commission can maintain its energy level.
Mr. Marshall said the group needs to be sure to work closely with the Health Department.
Agenda Item No. 9. Request to set a public hearing to amend the jurisdictional areas of the
Albemarle County Service Authority to provide water service to property described as TM78, P51A,
Ashcroft Subdivision VI.
Mr. Benish said the applicant, Liberty Land Ltd., requests Jurisdictional Area designation for water
service to undeveloped property described as Tax Map 78 Parcel 51A, Phase 6 of Ashcroft Subdivision.
The property, consisting of approximately 37 acres, is located on the north side of Route 250 East
(Richmond Road), with access of Hansen's Mountain Road and Lego Drive. The applicant is requesting
water service for the proposed Phase 6, consistent with the remainder of Ashcroft Subdivision which is
served by public water and private septic.
At its meeting of February 17, 1999, the Board of Supervisors approved a zoning map amend-
ment for this property, rezoning it from RA, Rural Areas, to PRD, Planned Residential Development, with
a proffered plan. Although the Comprehensive Plan, Land Use Plan, designated the upper portion of
Parcel 51A as Rural Area, staff found that the applicant's proposal to develop it as a phase of Ashcroft
and preserve the lower portion (including the Locust Shade property) as Rural Area under one parcel
maintained the intent of the Plan. At the time of the rezoning approval, it was agreed that the text of the
Comprehensive Plan, Land Use Plan would be amended to reflect the changed Development Area
boundaries. Staff identified the need for the applicant to file a jurisdictional area amendment to have this
area included in the service area prior to approval of final plats for Phase 6.
The Public Water and Sewer section of the 1996 Land Use Plan indicates that the Urban Areas,
Communities and Villages will be served by Public water and sewer. With the rez°ning of this property,
its inclusion in the Designated Development Area (Neighborhood Three) in the Land Use Plan was
anticipated, and, therefore, extension of sewer service to the lots within Phase 6 would be appropriate.
In consideration of the above-cited factors, staff recommends that the Board of Supervisors hold a
public hearing to amend the Albemarle County Service Authority jurisdictional area to provide water
service to Phase 6 of Ashcroft Subdivision. Staff will also move forward with the amendment to the
Comprehensive Plan as agreed to at the time of the Board's approval of the rezoning. Board public
hearings for both the jurisdictional area and Plan amendments will be scheduled for the same meeting
(tentatively, in October).
Ms. Humphris noted that the report included sewer service in the request, but it should have
only addressed water service.
Mr. Perkins moved to set a public hearing to amend the jurisdictional areas of the Albemarle
County Service Authority to provide water service to property described as TM78, P51A, Ashcroft
Subdivision VI, for October 6, 1999. Ms. Thomas seconded the motion. Roll was called and the motion
passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
None.
Mr. Bowerman.
Agenda Item No. 10. School Board Report.
Mr. John Baker, Chairman of the School Board, distributed the most recent edition of Board Briefs
to Board members, which is on file in the Clerk's office and a permanent part of the record.
Mr. Baker said some people have expressed concern about the Middle School Steering
Committee Update. A meeting to be held August 9, 1999 will allow additional public comment. The
bottom line is that the School Division does the best that can be done for all children.
The School Division received the official Standards of Learning test scores from the state. He
said the County performed quite well. He then distributed a memorandum from Ms. Jean Murray, which
showed current rankings, which is on file in the Clerk's office and a permanent part of the record.
Mr. Baker then addressed questions posed by the Board at its July 7, 1999 meeting:
Hi.qh school capacity: A report to be released on August 23, 1999 will indicate the County must
balance the number of high school students in each school, which would also cause the realignment of
student feeder patterns down through the elementary schools. Mr. Perkins said the schools do not
August 4, 1999 (Regular Day Meeting)
(Page 16)
necessarily need to redistrict. He suggested instead that the School Division identify students who drive
to school anyway, to see if they could be redistributed to other schools.
Providing bonuses to employees, particularly teachers, when there is a shortage in particular
fields: The School Board does not feel it is necessary to offer bonuses to teachers, in order to avoid
inequities to other employees already in the system, as well as teachers in other disciplines.
Mr. Marshall asked if the County has enough special education and math teachers. Mr. Baker
said the School Board continues to address this issue. Mr. Marshall said this is why he is against elected
school boards; he believes they play into the hands of special interest groups. The law of Supply and
demand suggests the County must reward special education and math teachers in order to get them to
come to the County, if the need exists.
CATEC providing skills to students that are not needed in the community: Mr. Baker said CATEC
is the most viable and identifiable entity where the County can identify hoW students are doing after
completing their studies. Eighty-seven percent of CATEC graduates are working in their field of study, in
the military, or have continued on to higher education, contrary to information Ms. Thomas had received.
Using experts in the field of math and science to teach students: Mr. Baker said several factors
preclude having volunteers in the classroom for extended blocks of instruction. Laws require accredited
teachers in the classroom, and specific course material required by SOL's must be covered. Currently 300
UVA students from Madison House volunteer in County schools. The RESEED Program will begin this
fall, with 20 to 25 retired scientists, mathematicians, and engineers volunteering their expertise in the
sciences to augment the curriculum material.
Mr. Baker said there is a need for the Northern Elementary School in order to alleviate the
pressure on other schools.
Mr. Baker said the School Board has not finished the School Board Superintendent's list of
priorities. At a June retreat it was suggested the County begin doing land acquisition based on
projections, instead of trying to work within such a tight window of opportunity.
Mr. Marshall said he heard that there has been a cover-up of a large number of repairs to
Monticello High School. Mr. Baker said that is the first he heard about this, and that he will look into it.
Ms. Thomas said she returned recently from a visit to Italy. There is a lot of interest in developing
a student exchange program between Charlottesville and an Italian community.
Agenda Item No. 11.10:15 a.m.: Public hearing on the proposed tax-exempt financing by East
Rivanna Volunteer Fire Company, Inc., in the amount not to exceed $205,000, in order to assist the Fire
Company in the acquisition of a new fire truck. (Advertised in the Daily Progress on July 20 and 27,
1999.)
Mr. Tucker said the East Rivanna Volunteer Fire Company, Inc. is in the process of purchasing a
new crew cab fire truck. It wishes to take advantage of tax-exempt financing provisions provided for
volunteer fire companies in the IRS regulations. Under these regulations it can secure a loan at a
favorable interest rate. Comvest Ltd., Inc. has agreed to finance an amount not to exceed $205,000 under
a seven-year lease purchase agreement for the truck at a net interest rate of 5.03 percent.
Although the County incurs no liability for and has no obligation to repay the loan, for IRS
purposes it is considered an obligation of the County. The IRS regulations require the Board of
Supervisors to hold a public hearing prior to the approval of the borrowing by ERVFC.
At the conclusion of the public hearing, staff recommends the Board adopt the following
Resolution to Approve Tax-Exempt Financing by East Rivanna Volunteer Fire Coml~any, Inc.
Mr. Martin opened the public hearing. With no one rising to speak, Mr. Martin closed the public
hearing.
Mr. Marshall offered the motion to approve the proposed tax-exempt financing by East Rivanna
Volunteer Fire Company, Inc., in the amount not to exceed $205,000, in order to assist the Fire Company
in the acquisition of a new fire truck. Ms. Humphris seconded the motion. Roll was called and the motion
passed by the following recorded vote:
AYES Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Bowerman.
August 4, 1999 (Regular Day Meeting)
(Page 17)
RESOLUTION TO APPROVE TAX-EXEMPT FINANCING
BY EAST RIVANNA VOLUNTEER FIRE COMPANY, INC.
WHEREAS, East Rivanna Volunteer Fire Company (hereafter ERVFC) desires to enter into a
Lease with Option to Purchase Agreement ("Agreement") in the aggregate principal amount of not to
exceed $205,000.00 in order to finance a crew cab fire truck; and
WHEREAS, ERVFC has obtained a commitment from Comvest Ltd., Inc. subject to ERVFC
meeting all requirements of the Internal Revenue Code; and
WHEREAS, under the Internal Revenue Code if ERVFC is a qualified volunteer fire department
and the financing is approved by ALbemarle County after a public hearing, it may qualify for federal tax
exempt financing; and
WHEREAS, The Albemarle County Board of Supervisors did properly advertise and conduct a
public hearing on this proposed financing on August 4, 1999; and
WHEREAS, Albemarle County incurs no liability for and no obligation to repay the above
described financing;
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors for the County of
Albemarle, Virginia hereby approves the borrowing of up to $205,000.00 by the East Rivanna Volunteer
Fire Company, Inc. from Comvest Ltd., Inc. under Internal Revenue code provisions for tax-exempt
financing for the purpose of acquiring a fire truck; and
BE IT FURTHER RESOLVED that the Chairman is authorized to execute the Certificate of the
County of Albemarle County, Virginia, As Applicable EleCted Representative Pursuant to Section 147(f) of
the Internal Revenue Code 1986, As Amended.
(Note: The Board took a break at 10:55 a.m. and reconvened at 11:02 a.m..)
Agenda Item No. 12. Discussion: Water Supply Planning.
Mr. Tucker said that on April 20, 1999, the League of Women Voters and Rivanna Water and
Sewer Authority (RWSA) conducted a Water Forum at which RWSA consultants, VHB, presented over 30
water supply alternatives and received public comment regarding those alternatives. Several weeks ago,
the Board requested that the City Council and RWSA join them in jointly reviewing the various water
supply alternatives being proposed by VHB. The RWSA agreed to initiate such a meeting when the
original alternatives had been "paired" down to a more realistic number.
In early July, the League of Women Voters and the Rivanna River Basin Roundtable requested
that joint Board of Supervisors/City Council work sessions/hearings be conducted to review the VHB
alternatives and receive comment from various groups. They also suggested that a joint City/County
water oversight commission or task force be established.
After discussing the matter with others, it is suggested that a joint meeting of the Board of
Supervisors, City Council, ACSA and RWSA be held in September to hear a presentation by RWSA staff
on all water supply alternatives and to receive public comments regarding these alternatives. The
Albemarle County Service Authority (ACSA) has been added to this group since the Four-Party
Agreement requires that water supply improvements are dependent on recommendations from the ACSA
and City.
In October or early November, a second presentation and hearing could be held by the bodies
regarding a more definitive list of alternatives which will be developed from the September hearing and the
independent review from state and federal regulators.
With regard to the creation of a regional water oversight commission, the intent is to include
central Virginia localities as part of this commission; therefore, the Thomas Jefferson Planning District
Commission may be a more appropriate body to create and appoint such an oversight commission.
Mr. Marshall said alternatives should be paired down so as not to waste time. The groups should
not waste time on non-viable alternatives. Mr. Tucker said other people felt the public should have
another opportunity to comment. However, staff can group together the impractical suggestions into a
separate section. Ms. Thomas said there is a concern by some citizens that some alternatives will be
wiped off the slate prematurely. However, current regulations and the Land Use Plan dictate some of
what can be done. If alternatives are discarded, reasons other than funding issues should be provided.
Mr. Perkins mentioned that, for example, endangered species can come into play. Mr. Marshall
then asked why the James River Spiney Mussel is so important. He cannot see why the County should
spend millions of dollars to protect them. Mr. Tucker said the law requires that endangered species be
protected. Ms. Humphris said that just because we might not understand why an endangered species is
August 4, 1999 (Regular Day Meeting)
(Page 18)
important, individuals do not have the right to exterminate indiscriminately. Someone else has already
determined its value. She added that the possible construction of the Route 29 Western Bypass has not
been considered in staff reports. She said if that road is built, the watershed would be affected, but the
RWSA considers pointing this out is just stirring up trouble.
Ms. Thomas asked for the status of the master water and sewer study. Mr. Benish said the plan
is filled with contingencies that may change over time. When the Land Use Plan was adopted, it was done
in such a fashion that staff could update the master plan as more information comes in. When the DISC
analysis began, staff came to see they needed to revise the permitting process for water requests.
Ms. Thomas said she is not just talking about the County's water supply. Everything is tied
together. There is a concern that if the County simply says it needs more water and does not keep the
Comprehensive Plan in mind, it could be developing engineering plans in a vacuum. She is concerned
that a regional task force is doing this work. The County needs to make sure its planning process comes
first and foremost. Mr. Tucker said he did not realize the Rivanna River Round Basin people felt this
should be a regional effort. He thought the Thomas Jefferson Planning District Commission is possibly
the best entity to head up these efforts.
Agenda Item No. 15. Other Matters not Listed on the Agenda from the Board.
Ms. Thomas said the Resolution on the Italian exchange was applauded when she read it in Italy.
Their mayor hopes to come next year for a visit. She said the community is interested in an educational
exchange, and has recently received a $4 million grant to develop an artists' conference center.
Ms. Humphris said a microwave antenna has been installed on a telecommunications tower in the
Boyd Tavern/Keswick area. She asked whether that was approved. Mr. Benish said he would refer the
matter to Mr. Bill Fritz, of the Zoning Department. He added that Ms. Susan Thomas and
Mr. Eric Morisette will process future telecommunications towers applications in the Planning Department.
Mr. Martin said the Board had received a letter from Bell Atlantic about PSAC maintenance to
equipment (copy on file in the Clerk's office). Mr. Trucker said he forWarded the letter to the Emergency
Communications Center.
Mr. Perkins said a citizen recently saw a tractor trailer loaded with VDOT telecommunications
tower poles, which had arrived from Oregon. The poles are 135 feet tall, not 80 feet, as previously
indicated by VDOT.
Mr. Martin said the Board had received a letter from the Criminal Justice Board, which included a request
for funds. Mr. Tucker said that request will be included as part of the next budget review process.
Agenda Item No. 13. Closed Session: Legal and Property Matters.
At 11:30 a.m., motion was offered by Ms. Humphris, 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 specific properties for school
sites, for recreational use, and for public parking; and under subsection (7) to consult with legal counsel
and staff regarding pending litigation relating to the Ivy Landfill. Mr. Perkins seconded the motion. Roll
was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
None.
Mr. Bowerman.
Agenda Item No. 14. Certify Closed Session.
At 1:00 p.m., motion was immediately offered by Ms. Thomas, 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 closed session were heard, discussed or
considered in the closed session. Roll was called and the motion carried by the following recorded vote:
AYES Ms. Humphris, Mr. Marshall, Mr. Martin, Ms. Thomas, and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Bowerman.
August 4, 1999 (Regular Day Meeting)
(Page 19)
Agenda Item No. 16. Adjourn.
With no further business to come before the Board, Mr. Martin adjourned the meeting at 1:05 p.m.
~'hairman
by Board
Initials