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1998-02-04February 4, 1998 (Regular Day Meeting) (Page 1) 000;?.67 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 4, 1998, 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 9:00 a.m., by the Chairman, Mr. Marshall. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Public. There were none. Other Matters Not Listed on the Agenda from the Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve Items 5.1 through 5.13, with the exceptions of Item 5.11 (separate vote taken) and the two dissenting votes on Item 5.4, and to accept the remaining items as information. (Discussion of items on the consent agenda is included with that individual item.) Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins (voted "no" to Item 5.4), Ms. Thomas (voted "no" to Item 5.4) and Mr. Bowerman. (See exceptions noted above.) Item 5.1. Appropriation: Piedmont Regional Education Program Facility (PREP), $3.0 million (Form #97003). It was noted in the staff's report that from 1992 to 1995, the PREP program for seriously emotionally disturbed students operated in several locations. The elementary school was in four sites, moving each year from a church basement to the Venable school Annex to the Jefferson Annex and then to the Allied Industrial Park. In 1995, the CATEC Board and the Albemarle and Charlottesville School Boards approved the temporary placement of five modular units for the Burgess Lane School at the CATEC site for three years. It was understood that a permanent site for the Burgess Lane School would be located for FY 1998-99 school year. In its initial FY 1997-98 Capital Improvement Program, the School Board requested $2.5 million to build a new facility for the PREP program, although at the time the funding for the joint jurisdictional project was unclear, i.e., who would borrow the funds, how would the debt service be paid, what was Albemarle's share of the cost, etc. In November, when the construction bid for Monticello High School was received in amount above the projected budget by approximately $5.0 million, the PREP project was deleted by the School Board to free up funding for the high school shortfall. Subsequently, the School Board was also asked to reduce its total FY 1997-98/FY 2001-02 Capital Program by approximately $4.2 million in order to maintain the same level of debt service budgeted in the prior year. Since the total bonded debt was approaching the maximum level recommended in the Board's adopted Financial Policies, the prospect of additional debt service payments required the elimination or reduction of borrowed funds for school projects. On February 10, 1996, the Albemarle County School Board approved the use of a site at Albemarle High School for the construction of the Burgess Lane School. It agreed to consider funding the project with Industrial Development Funds (IDA), Virginia Public School Authority (VPSA), or Literary Fund loan funds through Albemarle County. February 4, 1998 (Regular Day Meeting) (Page 2) 000; 68 The projected cost of the approximate 20,000 square foot building was $3.0 million. The facility will include eight classrooms and auxiliary spaces, core facility, multipurpose rooms, school administrative area and PREP office and work areas. The program will be expanded to accommodate 64 students, approximately 30 from Albemarle County. The program currently houses only 48 students, 22 from Albemarle, 17 from Charlottesville, one from Fluvanna, and eight from Greene. The School Division estimates that it would cost approximately $8400 more per year to place one of these students in a private facility compared to the cost in a new regional facility. The average per pupil cost in a private facility would be $30,000 vs. $21,638 in the proposed new regional facility assuming a 5.25 percent interest rate. Although the County is being requested to borrow the funds through either a Literary Fund loan or VPSA funds, the actual debt service will be paid by the participating jurisdictions, including Albemarle County, through a lease agreement between the County of Albemarle and PREP. The lease payments would be equal to the debt and would be paid through increased per diem costs to each locality. Depending on the final interest rate, the Albemarle County School Division will pay an additional $2500 per child through increased per diem costs or approximately $75,000 (30 students x $2500). The School Division has stated that this cost will be adsorbed within their budget and will not require any additional appropriation of funds by the County. Based on the Board's recent approval, staff is proceeding to obtain interim financing for construction which will be repaid at a later date by issuance of a VPSA loan. Lease and participation agreements have been prepared and approved by PREP and all participating jurisdictions. Staff recommends approval of Appropriation Form #97003 in the amount of $3.0 million to fund the construction of a new PREP facility on the grounds of Albemarle High School with the understanding that all incurred debt service will be fully paid through a lease agreement with PREP. Additionally, any increased per diem costs incurred by the School Division for the new facility will be absorbed within their budget. By the above recorded vote, the Board approved the construction of a new PREP facility on the grounds of Albemarle High School with the understanding that all incurred debt service will be fully paid through a lease agreement with PREP. Additionally, any increased per diem costs incurred by the School Division for the new facility will be absorbed within their budget; and adopted the following Resolution of Appropriation: FISCAL YEAR: 1997-98 NUMBER: 97003 FUND: SCHOOL CIP PURPOSE OF APPROPRIATION: FD-NDING FOR CONSTRUCTION OF PIEDMONT REGIONAL EDUCATION PROGRAM FACILITY EXPENDITURE COST CTR/CATEGORY 1981061194312350 1981061194800200 1981061194800605 1981061194800982 1981061194999999 DESCRIPTION ENGINEERING/PLANNING FURNITURE/FIXTURES CONSTRUCTION INSPECTIONS/TESTING CONTINGENCY TOTAL AMOUNT $215,584.00 151,000.00 2,504,200.00 25,000.00 104,216.00 $3,000,000.00 REVENUE 2900041000410502 DESCRIPTION LEASE PROCEEDS-PREP TOTAL AMOUNT $3, 000,000.00 $3, 000, 000.00 Item 5.2. Appropriation: Gypsy Moth Fund Balance, $23,320.75 (Form ~97042). It was noted in the staff's report that the Gypsy Moth program was formerly funded in a self-sustaining grant fund. Current and subsequent operations will be funded in the General Fund. This appropriation request approves prior year close-oDt expenditures and transfers the fund balance to February 4, 1998 (Regular Day Meeting) (Page 3) 000269 the General Fund. The Gypsy Moth grant fund finished the 1996-97 fiscal year with a $23,320.75 fund balance. By the above recorded vote, the Board adopted the following Resolution of Appropriation: FISCAL YEAR: 1997-98 NIIMBER: 97042 FUND: GRANT PURPOSE OF APPROPRIATION: CLOSEOUT OF GYPSY MOTH GRANT EXPENDITURE COST CTR/CATEGORY 1123034010110000 1123034010210000 1123034010270000 1123099999930009 DESCRIPTION SALARIES FICA WORKER'S COMP TR3~NSFER TO GENEP~ALFUND TOTAL AMOUNT $8,784.24 671.54 1,289.48 . 12,575.49 $23,320.75 REVENUE 2123051000510100 DESCRIPTION A~MOUNT FI/ND BALANCE $23,320.75 TOTAL $23~320.75 Item. 5.3. Appropriation: Education, $68,125.56 (Form #97046). It was noted in the staff's report that at its meeting on January 12, 1998, the School Board approved various appropriations for education-related projects and schools. Appropriation of $1000 from the Broadus Wood PT©. Broadus Wood Elementary School received a donation in the amount of $1000 from the Broadus Wood PTO to be used to pay for services rendered to the school to implement the foreign language pilot program. Appropriation of $150 for Burley Middle School. Burley Middle School received donations in the amount of $150; $100 is for the Burley Band and $50 for Burley Middle School. Bernard Hariston, Principal, will coordinate the use of these donations. Appropriation of $2100 from the Virginia Department of Education. The Individuals with Disabilities Education Act (IDEA) amendments of 1997 required that school divisions establish procedures to ensure a mediation process is available, at a minimum, whenever a special education due process hearing is requested. The Virginia Department of Education will reimburse Albemarle's school division up to $300 for each case associated with the use of mediation. It is estimated that the services of a mediator will be required seven times this school year. Reappropriation of $7074.93 for the Preschool Grant. The Virginia Department of Education awarded Albemarle County Schools $79,236 for the Preschool Grant in July, 1996. These funds were not fully expended in the 1996-97 school year. There is a remaining fund balance of $7074.93. These funds will be used for expenses incurred for the preschool program during the 1997-98 school year. Appropriation of $3000 for the Title VI Innovative Program Strategies Professional Development Grant. Funds received from this grant will provide basic training for administrators and teachers in using a consistent, common working structure for instruction K-12 in Albemarle County Schools. Educators will use the Dimensions of Learning model developed by Debra Pickering and Robert Marzano of McKel. All subject areas and grade levels, K-12, are targeted for initial training in the use of the Dimensions of Learning framework to improve instructional planning and delivery. February 4, 1998 (Regular Day Meeting) (Page 4) 000270 Appropriation of $39,861.28 for the Technology Literacy Challenge Grant. Albemarle County Public Schools has received a Technology Literacy Challenge Grant award in the amount of $39,861.28. The essential goal for this project is to provide teachers an opportunity for authentic professional learning and development with respect to integrating technology into reading instruction in grades two through five. Teachers and students will become effective users of technology as a learning and teaching tool. Appropriation of $1500 from the Virginia Commission for tha Arts. The Virginia Commission for the Arts has made Teacher Incentive Grant awards to several teachers in the Albemarle County Public Schools. The awards made were to Barbara Tobey, Brownsville Elementary School, in the amount of $300; Susan Oliveri, Meriwether Lewis Elementary School, in the amount of $300; and Kimberly Cousins, Linda Hutson, and Nancy Williams, Woodbrook Elementary School, in the amount of $300 each. The Teacher Incentive Grant Program helps to strengthen the quality of education in and through the arts in elementary and secondary schools and encourages innovative projects which integrate the arts into non-arts curricula. Reappropriation of $5439.35 for the VAACE Assessment of VA Staff Development System Project. At its meeting on July 22, 1996, the School Board accepted funds for the VAACE Assessment of VA Staff Development System Project in the amount of $89,985. Since these grant funds were not fully expended in the 1996-97 fiscal year, the fund balance needs to be reappropriated for the 1997-98 fiscal year. These funds will be used to complete the collection of data and compilation of final report recommendations for a system of self-evaluation of specific staff development components. Susan Erno is the coordinator for this project. Appropriation of $8000 from the Charlottesville-Albemarle Community Foundation. The Charlottesville-Albemarle Community Foundation awarded Albemarle High School a grant in the amount of $8000. This award will help to fund the two-year Pilot Program in Language Remediation. This program is aimed at providing a balanced approach to an intervention program for a specific group of reading disabled high school students. Using a pilot program based upon the findings of sound research into the acquisition and nature of reading skills is warranted for this population. The entire two-year Pilot Program in Language Remediation will be carefully documented as a model that can be easily replicated in other schools in the division. Staff recommends that the Board approve the appropriations for the various school programs and grants totaling $68,125.56 as detailed on Appropriation Form #97046. By the above recorded vote, the Board adopted the following Resolution of Appropriation: FISCAL YEA_R: NIIMBER: 97046 FUND: VARIOUS 1997-98 PURPOSE OF APPROPRIATION: VARIOUS SCHOOL PROGRAMS AND GRANTS EXPENDITURE COST CTR/CATEGORY DESCRIPTION 1 2201 61101 132100 PART-TIME TEACHER 1 2251 61101 601300 INST/REC SUPPLIES 1 3130 61102 301210 CONTRACTED SERVICES 1 3205 61108 112100 SALARIES-TEACHER 1 3130 61108 210000 FICA 1 3128 61311 312700 PROF SERV-CONSULTAI~TS 1 3131 61311 152100 SI/B/WAGES-TEACHER 1 3131 61311 160200 STIPENDS 1 3131 61311 210000 FICA 1 3131 61311 312500 PROF SERV-INSTRUCTION AMOUNT $1,000.00 150.00 2,100.00 6,572.16 502 . 77 3,000.00 1,950.00 20, 000.00 1,679.18 2,882.10 February 4, 1998 (Regular Day Meeting) (Page 5) 1 3131 61311 601300 INSTR MATERIALS 1 3104 60202 601300 INSTR MATERIALS 1 3104 60206 601300 INSTR MATERIALS 1 3104 60212 601300 INSTR MATERIALS 1 3210 60293 115000 SALARIES-CLERICAL 1 3210 60293 210000 FICA 1 3210 60293 580000 MISCELLANEOUS 1 3104 61311 312500 PROF SERV-INSTRUCTION TOTAL 13,350.00 300.00 300.00 900.00 2,000.00 153.00 3,286.35 8,000.00 $68,125.56 REVENTgE DESCRIPTION 2 2000 18100 181109 DONATION 2 2000 18100 181109 DONATION 2 3130 24000 240311 VDOE MEDIATION SERVICES 2 3205 51000 510100 PRESCHOOL GRANT F/B 2 3128 33000 330116 TITLE VI GRANT 2 3131 24000 240312 TECHNOLOGY LITER3%CY GRANT 2 3104 24000 240313 VA COMM FOR THE ARTS 2 3104 24000 240314 VA COMM FOR THE ARTS 2 3104 24000 240315 VA COMM FOR THE ARTS 2 3210 51000 510100 VAACE ASSESSMENT F/B 2 3104 18000 189900 COMgK3NITY FOUNDATION GRANT TOTAL AMOUNT $1,000.00 150.00 2,100.00 7,074.93 3,000.00 39,861.28 300.00 300.00 900.00 5,439.35 8,000.00 $68,125.56 Item 5.4. Participation in Virginia Department of Transportation (VDOT) Revenue Sharing Program for FY 1998-99. It was noted in the staff's report that VDOT's County Primary and Secondary Road Fund, or Revenue Sharing Program, provides an opportunity for the County to receive an additional $500,000 for road improvements. The program requires a dollar-for-dollar match by the County. The result is a total commitment of up to $1.0 million toward improvements to the local road system. The County has participated in this Program since 1988. The current recommended Capital Improvement Plan (CIP) allocates $380,000 for fiscal year 1998-99. The County must formally request participation in the 1998-99 program by March 27, 1998. The funds for FY 1998-99 would be used for the construction of Airport Road (Route 649) from Route 29 to Route 606. Participation in the Revenue Sharing Program is proposed in the 1998-2004 draft CIP. Staff recommended a total match amount of $380,000 in 1998-99, but recommends that the County request the full $500,000. If the total statewide requests exceed the $10.0 million allocated for the program, VDOT will prorate the awards to requesting localities based on the percentage overage. It is typical for the total requests to exceed the allocated amount; therefore, the County usually receives less than the full $500,000 award (over the last eight years the County has average $428,063 in Revenue Sharing). Once the grants are awarded by the Commonwealth Transportation Board, the Board can then decide whether to match that full award or only a portion thereof. (Mr. Perkins said he does not support participation in this program. He believes the County's money can be better spent. He thinks it is inappropriate to use property taxes to build highways, that if more highway funds are needed, the State should raise the gasoline tax. Considering the County's tight budget, he feels the Board should not participate in this program. With the exception of this item, he will vote to support the consent agenda. (Ms. Thomas said she shares Mr. Perkins concerns, and will not support this program. (Mr. Bowerman said he has talked to Mr. Perkins about this issue. He does not know the ramifications on the County's Six-Year Road Plan if this is not approved. He is sympathetic, because there is a more appropriate use of real estate taxes. He thinks it is too late in the process to deny the request. (Mr. Davis noted that, under the Airport Agreement, these funds have been designated as part of the funding for the total project allocation the County would commit to it. By not making this request for this particular year, the Board would have to revisit that Agreement to see what impact it would have on the Airport Road Improvement Program. February 4, 1998 (Regular Day Meeting) (Page 6) O00Z?Z (Mr. Bowerman said the Board's participation in this program could be made an issue the next time this is brought up. The Board needs to look at different ways it may be able to redirect funds to other County Executive initiatives. (Mr. Perkins said he thinks the Board should be careful about committing these funds before they are received. Mr. Cilimberg said several years ago when these funds were made a part of the original agreement, they were included in the proposed CIP as revenues. Mr. Bowerman suggested the Board look at the next five-year CIP to see what road projects would be impacted by not applying for these funds.) By the following recorded vote, the Board authorized the Chairman to notify the Virginia Department of Transportation (VDOT) of Albemarle County's intent to participate in the 1998-99 Highway Revenue Sharing Program. AYES: Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Bowerman. NAYS: Mr. Perkins and Ms. Thomas. Item 5.5. Resolution to accept roads in Southern Hills Subdivision (SUB-93-141) into the State Secondary System of Highways. In a memorandum dated January 6, 1998, the Department of Engineering certified that the roads serving Southern Hills Subdivision (SUB-93-141) are substantially complete and ready for VDOT acceptance. By the above recorded vote, the Board adopted the following Resolution: RESOLUTION WHEREAS, the streets in Southern Hills Subdivision, (SUB- 93-141) described on the attached Additions Form SR-5(A) dated February 4, 1998, 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 roads in Southern Hills Subdivision as described on the attached Additions Form SR-5(A) dated February 4, 1998, 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. The roads described on Additions Form SR-5(A) are: 1) Southern Hills Drive from Station 0+00, right edge of pavement of northbound State Route 712 to Station 24+13.86, rear of cul-de-sac, 2988.69 lineal feet as shown on plat recorded 6/12/95 in the Office of the Clerk of the Circui~ Court of Albemarle County, Virginia, in Deed Book 1473, pages 141-145, with a right-of-way width of 50 feet, with additional plats recorded 12/23/97 in Deed Book 1664, page 173, for a length of 0.57 mile. NOTE: Station equation: 9+59.99 back 3+85.16 ahead February 4, 1998 (Regular Day Meeting) (Page 7) 000273 2) Southern Hills Court from Station 0+10, left edge of pavement of Southern Hills Drive to Station 14+27.30, rear of cul-de-sac, as shown on plat recorded 6/12/95 in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1473, pages 141-145, with a right-of-way width of 50 feet, with additional plat recorded on 12/23/97 in Deed Book 1664, page 170, for a length of 0.27 mile. Total length - 0.84 mile. Item 5.6. Resolution to accept roads in Forest Lakes South Subdivision, English Oaks (SUB-92-087) into the State Secondary System of Highways. In a memorandum dated January 6, 1998, the Department of Engineering certified that the roads serving Forest Lakes South Subdivision (SUB-92-087) are substantially complete and ready for VDOT acceptance. By the above recorded vote, the Board adopted the following Resolution: RESOLUTION WHEREAS, the streets in Forest Lakes South Subdivision, English Oaks (SUB-92-087) described on the attached Additions Form SR-5(A) dated February 4, 1998, 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 roads in Forest Lakes South Subdivision, English Oaks, as described on the attached Additions Form SR-5{A) dated February 4, 1998, 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. The roads described on Additions Form SR-5(A) are: 1) English Oaks Circle North from Station 0+15, right edge of pavement of State Route 1675 to Station 13+50.20, rear of cul-de-sac, 1335.2 lineal feet as shown on plat recorded 1/26/95 in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1452, pages 250-257, with a right-of-way width of 50 feet, with additional plats recorded 1/19/94 in Deed Book 1376, pages 338-343, 12/30/97 in Deed Book 1665, page 595, for a length of 0.25 mile. 2) English Oaks Circle South from Station 0+10, right edge of pavement of English Oaks Circle North to Station 10+31.94, rear edge of pavement of English Oaks Circle North, 1,021.94 lineal feet as shown on plat recorded 1/26/95 in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1452, pages 250-257, with a right-of-way February 4, 1998 (Regular Day Meeting) (Page 8) 000274 width of 50 feet, with additional plat recorded on 10/23/97 in Deed Book 1650, page 112, for a length of 0.20 mile. Total length - 0.45 mile. Item 5.7. Policy Guidelines for Deferral of Zoning Applications (deferred from January 7, 1998). It was noted in the staff's report that the Board requested staff to review how other Virginia counties handle deferring zoning submittals and make changes to the existing policy based on the Board's last discussion of the issue. By the above recorded vote, the Board adopted the following policy to replace its existing policy: POLICY DEFERRAL OF ZONING APPLICATIONS Applicants should submit a written deferral request signed by the applicant to the Clerk of the Board of Supervisors no later than the Wednesday morning a week before the Board's public hearing. This will enable the request to be included in the Board's package/agenda that is distributed on Friday afternoon, as well as provide an opportunity for a public announcement at the Wednesday Board meeting that an upcoming item has been deferred. If the written request is received before the Wednesday deadline, then the first deferral will be automatic, but the second request for deferral of the same application will be at the discretion of the Board -- with the preference of the Board to not grant deferral. Staff will make every effort to contact the public when an automatic deferral is granted. If a deferral request is received after the Wednesday morning deadline, deferrals also will be at the discretion of the Board, with the understanding that since public notification will be more difficult to achieve, the Board will not likely grant deferral. This Zoning Policy will be included in the Board's Policy and Procedures Manual for adoption each year, so that it can be reexamined annually to determine if it is working as planned. Item 5.8. Authorize County Executive to execute agreement to purchase 0.3 acre of property adjacent to Whitewood Park. It was noted in the staff's report that the County recently discovered that a 0.3 acre parcel of property believed to have been dedicated right-of- way was in fact privately owned property. The parcel is desirable for access to Whitewood Park from Greenbrier Drive at a location advantageous for ingress and egress to a proposed detention basin and for future bike trails. / The property is owned by David W. Carr, William H. White, III, and Margaret Gale Frizzell. The property owners have agreed to sell the property for $13,000 which reflects the fair market value of the property. The property owners have executed an Agreement for Purchase of Real Estate. Staff recommends that the Board approve the purchase of the subject property and authorize the County Executive to execute the Agreement for Purchase of Real Estate. By the above recorded vote, the Board approved the purchase of the subject property and authorized the County Executive to execute the following Agreement for Purchase of Real Estate: AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE OF REAL ESTATE (the "Agreement") is made this __ day of , 1998, by and among WILLIAM H. WHITE, III, DAVID W. CARR, AND MARGARET GALE February 4, 1998 (Regular Day Meeting) (Page 9) 0002'75 FRIZZELL (collectively the "Sellers") and the COUNTY OF ALBEMARLE, VIRGINIA ("Buyer") . 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Sellers agree to sell and Buyer agrees to buy certain real estate with all improvements thereon and appurtenances thereto (the "Property"), located near Whitewood Road in the County of Albemarle, Virginia. The Property consists of approximately .3 acres, more or less, and is described as lying in between parcel A, consisting of 1.942 acres, and parcel B, consisting of 1.365 acres, as shown and identified on the subdivision plat entitled "Dedication of Streets and Division of the Lands of David J. Wood, Jr. Etals, R.C. Minor Estate, and Albemarle County School Board" prepared by Huffman-Foster and Associates and dated December, 1970 (the "1970 Plat"); and is described further as that parcel adjacent to the "Area dedicated to public use, 0.5349 ac," as shown and identified on the plat entitled "Subdivision Plat Showing Lots 55L & R To Lots 66L and R Phase Two Wynridge" prepared by B. Aubrey Huffman & Associates, Ltd. and dated June 5, 1985 (the "1985 Plat"), copies of which are attached hereto. The Property is a portion of a parcel containing 14.778 acres as shown on the 1970 Plat and conveyed to David J. Wood, Jr., Joseph M. Wood II, William H. White III, David W. Carr and Lockwood Frizzell, by deed dated December 29, 1970 and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 482, page 164. 2. Purchase Price. The purchase price for the property is Thirteen Thousand Dollars ($13,000.00), and shall be paid in full by Buyer to Sellers at closing. 3. Title. Sellers agree 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 Sellers 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 Sellers by Buyer shall be refunded within thirty (30) days. 4. Expenses and Prorations. Except as otherwise agreed herein, all expenses incurred by Buyer in connection with the purchase, including, without limitation, title examination, survey costs, preparation of a plat of subdivision and deed, environmental reports, and recording costs shall be borne by Buyer. All taxes (current or delinquent), assessments, interest, and penalties, if any, shall also be paid by Buyer. Sellers shall be responsible for the recordation tax applicable to grantors, and for any attorney's fees or other legal expenses incurred by them in connection with this conveyance. 5. Inspection. 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. 6. Deed and Plat. Sellers agree to execute upon request all deeds, plats and other legal documents necessary to transfer the Property to Buyer. 7. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before February 16, 1998, or earlier if Buyer and Sellers agree, or as soon thereafter as title can be examined and papers prepared. 8. Risk of Loss. Ail risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed February 4, 1998 (Regular Day Meeting) (Page 10) 000Z?s by, and shall be borne by Sellers, 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 Sellers by Buyer shall be refunded within thirty (30) days. 9. Condition of Property. Sellers warrant that the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 10. 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. 11. Agreement Survives Closing. It is expressly understood and agreed by Buyer and Sellers that all agreements, promises, stipulations, representations, and releases contained herein shall survive closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the parties hereto. 12. County Approval This Agreement is subject to and contingent upon approval by the Albemarle County Board of Supervisors. Item 5.9. Proclamation designating February, 1998 as PETFIX Month, was adopted by the above recorded vote, which was read by Mr. Marshall: "PETFIX MONTH 1998" WHEREAS, dogs and cats give companionship to and share the homes of over 50,000,000 individuals in the United States; and WHEREAS, two unsterilized cats and their kittens can produce 420,000 more kittens in seven years and two unsterilized dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, it is estimated that more than 300,000 dogs and cats are euthanized each year in the Commonwealth of Virginia, although many of them are healthy and adoptable, simply because there are not enough homes; and WHEREAS, the problem of pet overpopulation is the leading cause of needless animal suffering; and WHEREAS, the sterilizing of dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHEREAS, veterinarians and humane organizations throughout the Commonwealth of Virginia have joined together to advocate sterilization of companion animals during "PETFIX MONTH 1998"; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby recognize the month of February, 1998 as "PETFIX MONTH 1998" and encourages all citizens to observe this month by either having their dogs and cats sterilized or by sponsoring the sterilization of a companion animal for another person. Item 5.10. Proclamation designating February, 1998 as School Board Appreciation Month, was adopted by the above recorded vote, which was read by Mr. Marshall: School Board Appreciation Month February 4, 1998 (Regular Day Meeting) (Page 11) 000277 WHEREAS, the Commonwealth of Virginia is proud of its educational system and is appreciative of the efforts of local school board members to make the Virginia public school system an excellent place in which to educate its youth; and WHEREAS, local school boards have devoted themselves to providing a high quality of education for all students of the Commonwealth; and WHEREAS, this year's theme, "Public Education is about Virginia" is a testimony to the importance of education in all walks of life; WHEREAS, the contributions of these men and women should be recognized and appreciated by all who benefit from our public school system; NOW, THEREFORE, I, Forrest R. Marshall, Jr., Chairman on behalf of the Albemarle Board of County Supervisors do hereby proclaim the month of FEBRUARY 1998, AS SCHOOL BOARD APPRECIATION MONTH and call its significance to the attention of all citizens. Item 5.11. Road name change requests. The Executive Summary states that staff has completed the road name change phase of the Enhanced 911 project in accordance with the Board's road name change policy. That policy stated that after this phase of the project had been completed, no further changes to road names would be permitted without Board approval. The following road name change requests were referred to the Department of Planning and Community Development by the County Executive's Office for review. It is important to point out that the following road name changes are not being requested due to complications associated with emergency services. Request to change the name of Mill Creek Drive from its intersection with Avon Street Extended (State Highway 742) to its intersection with Scottsville Road (State Highway 20) to Independence Boulevard. This request was made by Mr. Irving C. Jones, Sr., Monticello High School Principal, and the School Spirit Committee. The Board initially named this road Mill Creek Drive at its meeting on September 3, 1997. Request to change the name of Berwick Road from its intersection with Ednam Drive to its terminus at the Amvest Building to Boars Head Pointe at the request of the property owner, Amvest Corporation. The property owner will be responsible for costs associated with new signage. Should the Board approve the new road names as requested, the Board should grant staff the authority to coordinate/implement the above referenced changes. (Mr. Marshall said he disagrees with the request to name the road alongside Monticello High School as Independence Boulevard. He has no problem with the second request because that is a dead-end road. The first road is a continuous road within Mill Creek Subdivision and he feels it will be a problem for emergency personnel when they are looking for a particular location. It will also cause confusion to people who live here and those visiting the area. He would like to see the road name remain "Mill Creek Drive." (Ms. Thomas said she also has a similar thought about the second road request. Looking at the map, the road looks like it is a continuation of Berwick Road running to the intersection. The request is that it become Boars Head Pointe. In looking at the map, there is a Boars Head Lane, a Boars Head Place and Boars Head Pointe which goes away from Boars Head Inn. She does not have strong feelings about this, but if the Board is going to begin a policy, February 4, 1998 (Regular Day Meeting) (Page 12) 000275 she would rather roads continue their names as opposed to changing them arbitrarily at an intersection. (Ms. Humphris said she agrees with the logic. She thinks the Board should stick with its policy, and especially on Berwick Road since it is obviously an extension, and there is no sound reason to make the change. She understands why the School Committee at Monticello High is interested in changing that road name, but she thinks the Board should remain with the same logic. (Mr. Tucker noted that if both entities received approval from more than 50 percent of the landowners along the road, on either side of the street, to change the name, the Board's policy is to automaticelly allow a name change. (Mr. Tex Weaver, Planner, said in the past, such changes and approvals have been considered segment-by-segment, not the road as a whole. That does not cause a problem with emergency service response because it would be a unique road name, broken at a logical intersection. That is commonplace in the County. (Ms. Humphris said it seems to be a better policy to have continuous roads keep the same name rather than to allow segments of the road have different names. Mr. Tucker said if the Board wanted to make that change, then it would need to change its policy. Mr. Bowerman commented that if the Board wants to reverse its policy, then there are going to be some major problems with some people. Mr. Weaver said if there was a long segment of road, the staff would not permit the center segment to be given a different name. Motion was then offered by Ms. Humphris, to deny these requests for road name changes. Mr. Bowerman seconded the motion. (Mr. Leigh Middleditch said Amvest Corporation is the only building to the right on Berwick Road as you drive into the Ednam Forest complex, and it has been the only building there since the inception of that subdivision. He understood the Board's reasons, but asked what the Board would consider necessary before the name change could be approved for Boars Head Pointe and noted that the address "One Boars Head Pointe" is important to Amvest. (Mr. Irving Jones, representing the parents and students of Monticello High School, stated that, after some research, they came to a consensus of possible names for the road. This was not something done haphazardly, but rather they wished to have a name for the road that would instill pride in the school. (Mr. Cilimberg noted that there were two ways for a street name to be changed. The first is for a property owner to petition the Board directly. The second is to get over 50 percent of the other property owners to sign a petition and have it brought before the Board, (Mr. Martin suggested that the policy be reconsidered rather than just denying a request made consistent with past policy. Ms. Humphris then withdrew her motion. Mr. Bowerman withdrew the second. (Mr. Davis said the Board is not bound by the policy, but if it is going to deny the requests, it should look at the policy so that there can be consistency in decision-making and instructions to the staff who handle these requests. (Ms. Thomas suggested that both of the requests be deferred and that approval of their neighbors be obtained before proceeding. The Board should then discuss whether to change its Road Naming Policy and inform applicants ahead of time that the Board is unlikely to change the road name for just a segment of a road. Motion was then offered by Ms. Thomas, seconded by Mr. Perkins, to remove Item 5.11 from the Consent Agenda and defer this request until further action by the applicants. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. February 4, 1998 (Regular Day Meeting) (Page 13) 000279 NAYS: None. Item 5.12. Set public hearing for March 4, 1998, to amend Section 8-66 of the County Code establishing time limits for appeals of real estate assessments. It was noted in the staff's report that Virginia Code § 58.1-3330 requires the County to provide notice of any changes in the assessed value of real estate and to provide a taxpayer at least 15 days to request a hearing before the assessing officer to protest such changes. Virginia Code ~ 58.1- 3378 provides that the Board of Equalization may also hear applications for relief from real estate assessments and that the Board of Supervisors may establish a deadline for such applications, provided that the deadline is at least 30 days after the date of the hearing before the assessing officer under § 58.1-3330. Finally, § 58.1-3378 provides that the Board of Supervisors may establish the deadline by which all applications must be finally disposed of by the Board of Equalization. Albemarle County Code § 8-66, which establishes time limits for appeals of real estate assessments, is ambiguous with respect to the deadline for an application to the Board of Equalization. Specifically, § 8-66 currently states that any additional appeal must by made to the Board of Equalization within thirty days, but does not clearly state what event triggers the thirty- day limit. Moreover, current § 8-66 does not establish a deadline for the final dispositions by the Board of Equalization as provided in Virginia Code § 58.1-3378. A revised ordinance clarifies the thirty-day time limit and establishes a deadline of September 1 for the disposition of all biennial assessment appeals and a deadline of December 31 for all supplemental and pro rata assessment appeals. Staff recommends that the Board set a public hearing for the amended Ordinance be set for March 4, 1998. (Referring to the text of the proposed ordinance, Ms. Humphris noted that the change to the second paragraph does not say clearly that there are two distinct steps to an appeal that must be done in the correct order. Mr. Davis replied that it is not required to follow the steps in order. It is simply an easier process to appeal to the Assessor first, but the State Code does allow someone to go to the Board of Equalization first if they so choose. He will clarify the language to make it clearer.) By the above recorded vote, the Board set the public hearing for March 4, 1998, to amend Section 8-66 of the County Code establishing time limits for appeals of real estate assessments. Item 5.13. Set public hearing on the proposed FY 1998-99/FY 2002-03 Capital Improvements Program (CIP) for February 18, 1998. It was noted in the staff's report that at the January 7 meeting, the Board requested that staff bring back an alternative Capital Improvement Program which continues to level-fund the FY 1998-99 General Fund contribution, but increases the available funding in FY 2000-03 by moving the Technical Committee's proposed increase in the General Fund Transfer and the Debt Service Transfer out one year. Staff made changes to the Technical Committee's recommended CIP. The revised FY 1998-99 through FY 2002-03 CIP totals $47.5 million, $28.6 million in School Division projects, and, $18.9 in General Government projects. For General Government's FY 1998-99 through FY 2002-03 CIP, projects deferred to the sixth year total approximately $1.4 million. These deferred funds are mainly in the ongoing project or sinking funds, such as County Office Building Repair/Maintenance Fund, the Court Facilities Maintenance/Repair Fund and the Highway Revenue Sharing Fund. Only one specific project, the Mint Springs Concession Stand was deferred to the sixth year. For the School Division, projects deferred to the sixth year total $5.9 million, $4.8 million in VPSA funded projects and $1.1 million in maintenance and repair/technology projects, which are funded by the General Fund Transfer. Staff recommends that a public hearing on the proposed FY 1998-99 through FY 2002-03 Capital Improvement Program be held on February 18. February 4, 1998 (Regular Day Meeting) (Page 14) O00P..80 By the above recorded vote, the Board set the public hearing on the proposed FY 1998-99 through FY 2002-03 Capital Improvement Program for February 18, 1998. Item 5.14. Letter dated January 27, 1998, from Ms. Angela G. Tucker, Resident Highway Engineer, to Ms. Ella W. Carey, Clerk, regarding transportation matters discussed at the December 3, 1997, and January 7, 1998, Board meetings, was received for information, as follows: "We offer the following comments regarding transportation matters that were discussed at the December 3, 1997, and January 7, 1998, Board meetings: We have discussed with Mr. Rauzelle Smith the steps necessary to have a gravel road paved, starting with dedicating needed rights-of-way. Our office will provide information to residents of Route 805 as necessary. The Department is currently pursuing right-of-way from Westvaco on Grassmere Road (Route 679). We will advise the Board when this is complete. We have forwarded Mr. Martin's concern regarding school buses damaging a constituent's property to Mr. Willie Smith, Director of Albemarle County School Transportation, for handling. Please find enclosed copies of several newspaper articles, as well as brochures from the Albemarle County Historical Society, regarding the Hatton Ferry." Item 5.15. Proposed FY 1997-98 Operating and Capital budget reductions to meet revenue shortfalls, was received for information, as follows It was noted in the staff's report that the updated November revenues from the Department of Finance projected a shortfall in personal property revenues in the current year of approximately $1.9 million. Based on the 1997 June and December collections, the anticipated revenue is approximately $18.7 million compared to last April's projection of $20.6 million. Combined with several other minor revenue increases, the total County revenue shortfall for the current year is $1.797 million. To meet this potential shortfall, General Government must reduce its FY 1997-98 budget by approximately $719,164 (40%). To offset the projected $719,164 revenue shortfall, General Government has reduced the Capital Budget by $499,329, the Operating Budget by $114,453 and secured additional revenues of $121,483. The deferred capital projects are: $40,000 in Public Safety, $215,329 in Parks/Recreation, $214~000 in Planning, and, $30,000 in Library projects. Government operations were reduced by $114,453, which reflects a two- percent holdback on baseline departmental operations. Baseline operations do not include personnel costs, nor do they reflect any holdback on outside agency funding. Additional revenues in the amount of $121,483 came from FY 1996-97 carry-over surpluses from JAUNT and the Gypsy Moth program and a Department of Criminal Justice grant that offset the County's local share of the COPS program. The proposed reductions total $735,265, which is $16,101 over the amount needed to offset the projected revenue shortfall. This information is brought to the Board to demonstrate how staff plans to reduce the FY '98 Capital and Operating Budgets based on the $1.8 million shortfall projected in November. Since Finance's January projection, it shows additional FY '98 revenues in the amount of $325,704, the overall FY '98 County shortfall will be reduced from $1.797 million to $1.472 million. With a 40 percent share of the additional revenues, the revised General Government FY '98 shortfall will be $588,882, not $719,164 as projected in November. The additional $130,282 will be applied to some of the deferred capital projects, although priority order for project reinstatement has not been determined at this time. The two-percent reduction in department baseline operations will be maintained. February 4, 1998 (REgular Day Meeting) (Page 15) (Ms. Thomas said she appreciated receiving this report and she is interested in seeing how the School System is making their reductions, since their reduction is the larger. Mr. Tucker said he will make sure she receives a copy of their report.) Item 5.16. Second Quarter Report for JAUNT Services and Summary of Fall 1997 Rider Survey, was received for information. Item 5.17. JAUNT'S BIG BLUE Bus Service Update, was received for information. It was noted that commuter service on Route 29 North began on August 28. During September, there were 114 two-way trips. The number of riders per day ranged from two to five. Ridership per day grew seven percent in October and four percent in November. The holidays and cold weather reduced ridership during December and early January, but BIG BLUE was still successful in adding a new rider each week. On January 12, BIG BLUE added stops at the University of Virginia to serve those who work until 5:00 p.m., and hoped that advertising this new service will help to build increased ridership. BIG BLUE has been flexible in providing service, so that daily there are small detours to benefit riders (for example, BIG BLUE would pick up a passenger on Airport Road and take them to work at Sperry - neither of these are official stops). JAUNT is currently working with a professional advertising agency to find new ways to promote the service. Item 5.18. Copy of staff report on the Ivy Landfill Recreational Use - Compliance with Comprehensive Plan, was received for information. The memorandum states that the Planning Commission, at its meeting on January 20, 1998, unanimously found the recreational use at the Ivy Landfill to be in compliance with the Comprehensive Plan with the understanding that "the recreational use will be part of a Board-approved Master Plan that includes the extent of grading, storm water management plan and mitigation measures for the entire property and addresses future uses for the entire property." (Ms. Thomas asked what the process or time line was for the Board receiving the detailed Master Plan. Mr. Tucker replied that he expects it within the next few months, particularly as it relates to the recreational areas. (Ms. Thomas asked if the site plan had been appealed. Mr. Cilimberg stated that he thought the site plan had been appealed. He said the expectation was that there would be a more detailed in-use plan for the entire property that would be connected with development of recreational area in the future. Mr. Art Petrini, Executive Director of the Rivanna Solid Waste Authority, said that level of plan would probably have to come after they go through their various permitting process requirements with the Department of Environmental Quality, which should take place within the next twelve months.) Item 5.19. Monthly update on the FY 1997-98 Project Schedule for the Department of Engineering & Public Works as of January 20, 1998, was received for information. Item 5.20. Report prepared by Charles Gross, member of Piedmont Virginia Community College Board, on activities occurring between September, 1997 and December, 1997, was received for information. (Ms. Humphris pointed out that Mr. Gross indicated an opportunity exists for the governing agencies to mark the opening of the V. Earl Dickenson Building for Humanities and Social Sciences by considering a special contribution in their name for finishing the interior of the building. This could be statues, wall coverings, desks, furniture, etc. She does not know if the County has any funds which would allow it to make such a contribution. In addition, Mr. Gross stated that one issue he has observed is that several community college jurisdictions (e.g., Northern Virginia and Norfolk) have been supplementing the salaries of their presidents because they feel the State salary is not adequate. Ms. Humphris said that is not a policy she February 4, 1998 (Regular Day Meeting) (Page 16) ooo S would advocate at this time. She thought it was an interesting point of information since localities are continually being asked to supplement State salaries. Maybe that is something this Board should take up with its State legislators. (Mr. Marshall asked if the Board wanted to make some contribution to the building. Ms. Humphris said she thinks it would be appropriate for Albemarle County to do something to commemorate the opening of the building, perhaps by communicating with other localities to see what they are thinking of doing.) Item 5.21. Copy of Monthly Bond and Program Report for the Arbor Crest Apartments (Hydraulic Road Acts.) for the month of December, 1997, was received for information. Item 5.22. Copies of Planning Commission minutes for December 9 and December 16, 1997; and January 13 and January 20, 1998, were received for information. Item 5.23. Copy of minutes of the Albemarle-Charlottesville Regional Jail Authority Board meeting of November 13, 1997, was received for information. Item 5.24. Copy of minutes of the Albemarle County Service Authority Board of Directors meeting of December 18, 1997, was received for information. Item 5.25. , Copy of letter dated January 29, 1998, from Mr. H. W. Mills, Assistant Resident Engineer, to Ms. Diana M. Saunders, regarding traffic concerns near the 1-64 interchange, was received for information. ~Your letter of January 9, 1998, with concerns of traffic in and near the Route 64 interchange has been forwarded to me for response. We have a tentative February 1998 date for installation of traffic signals at the intersection of 1-64 ramps with Route 250. In addition, we plan to install a traffic signal at the intersection of Routes 250/729 in March, 1998. Hopefully, these signal locations will create some gaps in traffic that will allow the motorist from Hansen Mountain Road to enter into Route 250. In a long range view of Route 250, there will most likely be several more signals installed on the Route 250 Corridor as development intensifies between 1-64 and Rolin Drive." Agenda Item No. 6. Approval of Minutes: February 7, 1996; January 15, April 2, August 13 and August 20, 1997. Mr. Perkins had read the minutes of August 13, 1997, and found them to be in order. Mr. Marshall had read the minutes of August 20, 1997, and found them to be in order. Mr. Bowerman had read the minutes of February 7, 1996, pages 24 to the end and found them to be in order with the exception of two typographical errors. Motion was offered by Ms. Humphris, seconded by Mr. Bowerman, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 7a. Transportation Matters: FY 1998 Preallocation Hearing for Primary Roads, Discussion of. February 4, 1998 (Regular Day Meeting) (Page 17) 000283 Mr. Tucker said that on April 2, 1998, the Virginia Department of Transportation (VDOT) will conduct its annual Preallocation Hearing in Culpeper to take requests for improvements to the interstate and primary system in the Culpeper District. All roads with route numbers below 600 are primary roads (i.e., Route 29, Route 250). The Six-Year Primary Road Plan process differs from the Secondary Road Plan process in that a specific amount of funds are set aside for secondary road projects in the County, whereas funds for primary road projects are allocated for each construction district, and all primary road projects proposed within all localities of the district compete for those funds. The Culpeper District includes Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Orange and Rappahannock counties. The purpose of this review process by the Board is to recommend which County projects to include in the Primary Plan for the District. Staff has prepared a draft of the County's improvement priorities for the Primary System. This draft is based on the County's 1997 priority list with modifications proposed by staff which include: 1) General updating of status of previously prioritized projects; 2) raising the priority of the sidewalk project on Route 20 North to Wilton farm Apts.; and, 3) adding a recommendation supporting installation of a traffic signal at various locations along Route 250 East and 1-64 interchanges. Staff will modify this draft based on the Board's comments and can provide a final draft for review and approval at the March day meeting. Ms. Humphris made the following comments/corrections to the proposed statement: On Page 1, Paragraph No. 1, in the last sentence reads: "Other projects listed in CATS in the northern urbanized area which would be funded with other than primary funds, such as the Hydraulic Road/Route 250 Bypass interchange, should also be actively pursued." Ms. Humphris said the problem with that statement is that the City has asked that it be deleted from the 2010 CATS which the MPO just approved. She thinks the County should be disappointed. That would have been funded with urban funds. For many years, there was in the CATS a plan for a grade separation at the intersections of the Route 250 Bypass with Rugby Road and also at Hydraulic Road. On. Page 1, Paragraph No. 2, in the second sentence the word "corridor should be inserted so the sentence reads: "The Route 29 North Corridor Study recommendations were forwarded .... " On Page 2, at the end of the second line, the word "fork" should be capitalized, so the sentence reads: "... and implement the recommendations of this study is developing plans for the third phase of the Route 29 widening project from the South Fork Rivanna to the Airport/Proffit Road intersection." Ms. Thomas suggested that after the words ~implement the recommendations", the actual recommendations be listed in parentheses. Mr. Cilimberg suggested that at the end of the sentence regarding the study, the fact that the emphasis is on access management be included. On Page 2, Paragraph No. 3, first line reading: "Undertake the widening of Route 20 south from 1-64 to the proposed Route 20/742 connector .... ,,, omit the word "proposed", since the road is already built. On Page 2, Paragraph No. 4, sentence reading: "Construction of sidewalks and bike lanes .... " For consistency of style, use the word "construct" instead of the words "construction of." On Page 2, Paragraph No. 8, do not delete the sentence reading: "The County supports the improvements that can handle the anticipated traffic in accord with Committee Recommendations", but change the word "Committee" to "Citizens Task Force". On Page 3, under "Safety Improvements" Paragraph No. 1, separate out the sidewalk project "Route 20 North from Route 250 to Wilton Farms Apartments and Darden Towe Park" and emphasize its justification. On Page 3, Paragraph No. 6, under "Safety Improvements" reading: "The County would like for VDOT to consider truck restrictions on these two roads." should be changed to read: "The County continues to request VDOT to consider truck restrictions on these two roads." February 4, 1998 (Regular Day Meeting) (Page 18) 000284 On Page 4, under National Highway System (NHS), update the language reading: "The County desires to continue active participation in Route 29 Corridor studies including the Route 29 Corridor Study south of Charlottesville which is currently out for consultant proposals." Agenda Item No. 7b. Other Transportation Matters. Mr. Martin thanked Ms. Tucker for VDOT's cooperation over the last three months, particular for an issue in the area of Advance Mills Road. Ms. Thomas thanked Ms. Tucker for pursuing dedication of right-of-way on Grassmere Road. Ms. Tucker said VDOT has dealt with Westvaco in the past, and there usually is no problem, it is simply a matter of making the right connection. Ms. Hu~phris said the patching job on Colthurst Drive has now developed into a huge hole in the travelway. Ms. Tucker said fixing of the pothole will be done with a cold-mix asphalt, as opposed to a hot mix which can't hold its mix this time of the year. She will ask her staff to give some attention to the problem, but a final repair cannot be made until the weather improves. Ms. Humphris mentioned a letter the Board received from the Earlysville. Area Residents' League (EARL) regarding a VDOT entrance permit granted for a site on Route 743. The letter states: "The driveway is immediately south of the Jacob's Run Bridge, one mile north of the Earlysville General Store on Route 743. Even though there is little southbound sight distance, %;DOT gave an entrance permit. Route 743 northbound is a downgrade in this area, and the driveway is rendered invisible by a right curve just before the bridge. Approximately eight feet of the bridge's guard rail, which protected drivers from sliding off into the stream, were permanently removed to allow this road to be cut into the hill." Ms. Tucker said she would investigate the issue and confirm what measures VDOT made for sight distance when allowing the entrance. Mr. Bowerman asked about the status of the issue regarding use of exhaust brakes on Route 29. Ms. Tucker stated that VDOT is in the process of doing some research through the Highway Research Council and the Highway Environmental Division on the subject of "brake dust." The issue has also been brought up by the Route 29 Bypass Committee. Mr. Bowerman said it is not "brake dust", but the issue of the extremely loud sound made by the use of exhaust brakes on a diesel powered motor. On the downgrade from Woodbrook Subdivision to the traffic light at the Hilton Hotel, the'trucks often use exhaust brakes. It is a very loud noise and he has had a lot of complaints from people in the Carrsbrook and Woodbrook areas. Ms. Tucker said she will check into this issue. Ms. Humphris mentioned that the Board had received a letter dated January 17, 1998, from Ms. Anna Mugo concerning the paving of Route 605 (Durrett Ridge Road). She asked who was going to respond, since this is an ongoing issue. Ms. Tucker said she will respond to the letter and sent a copy to the Board. Ms. Tucker said the delineators on Proffit Road east of the one-lane bridge at Proffit have been put in place. Agenda Item No. 8. SP-97-53. Tandem Friends School Math/Science Bldg (Signs # 90&91. PUBLIC HEARING on a request to allow an institutional math/ science bldg of approx 14,000 gross sq ft to be constructed on 24.5 acs. Znd R-i, Residential. Request seeks to expand permit enrollment of students & staff from 200 to 260. TMgl, Pcl2A. Loc on NW corner of Monticello High School Connector Rd & Rt 20 S, on existing Tandem School campus. (Property recommended for Institutional Use in Neighborhood 4.) Scottsville Dist. (This property is located in a designated growth area. (Advertised in the Daily Progress on January 19 and January 26, 1998.) 00028o February 4, 1998 (Regular Day Meeting) (Pa9e 19) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. He said the applicant proposes to grade and construct on critical slopes. Section 4.2.3.2 of the Zoning Ordinance allows for construction on slopes in excess of 25 percent, yet restricts earth-disturbing activity on critical slopes, and Section 4.2.5.2 allows for Commission modification of this restriction upon a finding that strict application of the restriction would not forward the purposes of the Zoning Ordinance. The applicant has indicated that the critical slopes comprise 0.10 acres in size and were man-made as a result of previous development of terraces and the former entrance road to the site. Mr. Cilimberg said the Engineering Department's review revealed no major conflict, from an engineering perspective, with the proposed grading on critical slopes and recommended approval. The Planning staff also found no major conflict with aesthetic issues, and recommended approval, with conditions, to allow for grading on the critical slopes depicted on the site plan. Mr. Cilimberg said the Planning Commission, at its meeting on December 9, 1997, unanimously recommended approval of SP-97-53 subject to the conditions recommended by staff. He said the limitations of the conditions do not apply to the Athletic Field, and the Board may wish to address that issue. At this time, Mr. Marshall opened the floor for the applicant to make comments. Mr. Ethan Miller, Chairman of the Tandem School Board, was present to represent the School, along with Mr. Don Powers, Business Manager. He said they were surprised by the connection (tap) fees required by the Albemarle County Service Authority. The County evidently wanted the applicant to connect to public water and sewer, and they have no objections to that; the applicant was surprised to find that the tap fee is $50,000. They had not planned for this expense, based on ignorance of requirements. He offered to answer questions. At this time, Mr. Marshall opened the meeting to the public for comments. With no members of the public rising to speak, the public hearing was closed and the matter placed before the Board. Ms. Thomas asked whether the erosion and sediment control plan for the development is going to require ongoing inspection by the County under the new ordinance requirements. Mr. William Mawyer, Director of Engineering, replied that the new ordinance requires that permanent stormwater facilities be periodically inspected by the County and there is a fee to be charged. Mr. Davis noted that the new ordinance also clarifies an existing process. While the erosion permit is active, or there is a temporary erosion permit during construction, there are fees associated with that permit. There are also inspection fees if inspections are required to be made. Ms. Humphris asked Mr. Cilimberg to explain what he would recommend as a change for Condition No. 3. Mr. Cilimberg said to add a second sentence reading: ~This authorization does not apply to additional athletic fields." Mr. Davis asked what buildings would be envisioned on an athletic field. Mr. Cilimberg said it would distinguish improvements which would be buildings from field space. It was noted that Tandem would like to add some field space. Mr. Martin said he believes the sentence is clear as worded, and suggested just making it a part of the motion that the Board is not talking about athletic fields. Mr. Cilimberg said that would be fine. Motion was offered by Mr. Martin, seconded by Mr. Bowerman, to approve SP-97-53 subject to the four conditions recommended by the Planning Commission, with the proviso that the authorization does not apply to athletic fields. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. (The conditions of approval are set out in full below:) O00 $G February 4, 1998 (Regular Day Meeting). (Page 20) The new facility will be located approximately as shown on the attached site layout (Attachment C); 2 o Total school enrollment and on-site staffing shall be limited to 260 persons; 3 o Additional buildings or increase in total enrollment/ staffing must be authorized by a new special use permit; and The new facility shall connect to public water and sewer. Agenda Item No. 9. Presentation: Albemarle County Communications Plan by Ms. Lee Catlin, Community Resources Coordinator. Ms. Lee Catlin presented the Albemarle County Communications Plan which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. She said that as the programs, services and issues of County Government have become more complex and County officials have focused efforts on conveying critical information to citizens, the need for a comprehensive and broad-reaching communications plan was ideHtified. Responsible government and responsive service delivery are based on ongoing dialogue with citizens and these strategies can help insure that the County is maintaining open, effective and accurate communications with the community. Ms. Catlin said this plan entitled ~Communicating for Results", a public information manual for Albemarle County, was developed. The Community Resources Coordinator is scheduling a meeting to review the plan and discuss its strategies with invited citizens to provide an opportunity for their input and suggestions. These meetings will become a regular part of the overall communications effort. Ms. Humphris asked about the Communications Calendar and Critical Themes sheet. Ms. Catlin replied that she would be happy to provide a copy and that it was a month-by-month breakdown of all deadline critical dates. Ms. Thomas said she had suggested that a Parents' Advisory Committee contact Ms. Catlin for the Calendar and asked if this was appropriate, to which Ms. Catlin said that it was. At 10:25 a.m., Mr. Marshall called for a recess. The Board reconvened at 10:35 a.m. Agenda Item No. 10. PUBLIC HEARING to solicit input on local community development and housing needs and potential projects in relation to Community Development Block Grant (CDBG) funding for a project in the County. (This public hearing was advertised in the Daily Progress on January 26, 1998.) Mr. David Benish summarized the staff's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. He said the Virginia Department of Housing and Community Development (VDHCD) administers the federally-funded CDBG program. These funds are available to localities, on a competitive basis, to implement a wide variety of housing and community improvement projects. Prior to submission of an application for CDBG funds, a public hearing must be held to solicit public input on community development and housing needs in the County. The County last received CDBG funding in 1991 in the amount of $500,000 for the Albemarle Housing Improvement Program (AHIP) for housing rehabilitations. Mr. Martin asked why it has been so long since the County has received that grant. Mr. Benish said the process is becoming more competitive and the County is at a disadvantage in meeting the low- and moderate-income requirement. There are other localities which have greater demands. Mr. Benish stated that five projects had been identified for the Board to consider. 1) A housing rehabilitation or comprehensive community development project that would be conducted by AHIP in the Esmont area; 2) A similar program in Crozet, although there may be a problem with the number of low- and moderate-income population in the area; 3) The Agricultural Center/Farmer's Market; 4) A Community Center on Whitewood Road/Commonwealth 000287 February 4, 1998 (Regular Day Meeting) (Page 21) Drive; and, 5) A Planning Grant Application for a Community Organizing Grant for the Whitewood Village area. At this time, Mr. Marshall opening the public hearing. Ms. Theresa Tapscott, Executive Director of AHIP, said the County has applied on three separate occasions for this funding for the Esmont project and has not been successful. Each time, however, the application has been stronger. AHIP has an extensive waiting list of families with dangerous deficiencies within their homes for which there is no funding to make repairs; the only real significant source of income available to low-income families is through the State's indoor-plumbing program. The CDBG is one of the few remaining sources of funding for low-income families which can make significant improvements to homes that already have indoor plumbing. Because AHIP is looking at a more comprehensive approach than in the past, she considers this a stronger application than it has been in the past. Mr. Ben Thacker Gwaldney, community developer and organizer for the Monticello Area Community Action Agency (MACAA) said the residents of Whitewood are very interested in the Community Organizing Grant for Whitewood Village. Whitewood has been a hot spot in the past; the efforts of the County's Housing Office have made dramatic improvements, but there is still a lot of work to be done. He also spoke in support of the Community Improvement Grant mentioned by Ms. Tapscott, saying that he has been assisting AHIP in a survey in Esmont and the residents are expressing great interests in the improvements the grant might bring. With no one else from the public rising to speak, the public hearing was closed and the matter placed before the Board. Mr. Benish said it is staff's recommendation to pursue Project 1 and Project 5. He noted that the first grant for the Community Improvement Grant needs to be submitted by the end of March, the Planning Grant will not need another public hearing. Mr. Martin asked whether it was preferable to send just two projects or should the Board rank all five. Mr. Benish replied that in the competitive process, it was advantageous to focus on just one or two grants. Ms. Thomas noted that the Farmers' Market would not likely meet the criteria, but she appreciates that someone thought to include it. Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to recommend that Project #1: Housing Rehabilitation/Comprehensive Community Development Project-Albemarle Housing Improvement Program (AHIP), and Project #5: Planning Grant Application - Community Organizing Grant, Whitewood Village, outlined in the staff's report be submitted to the Virginia Department of Housing and Community Development for CDBG funding. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 11. Presentation: Virginia Game & Inland Fisheries (VGIF) on Deer Herd Management and Hunting Regulations. Mr. Tucker said the issue of hunting regulations which are under local control and their ability to balance hunters' rights vs. homeowner safety is one about which the Board asked for further information. Mr. Matt Knox, Deer Program Supervisor with the Virginia Game and Inland Fisheries Department is present to present some background information on deer herd biology and management. Also, Lt. Jim Moore, Supervisor for this region of VGIF, is present to speak about hunting accident data for both rifles and shotguns in Virginia. Mr. Matt Knox said that VGIF has spent a good deal of time in Albemarle County in the last several months. He summarized a report on the growth of the deer population in Virginia. The latest population index lists 3.6 to 5.0 antlered bucks harvested per square mile of deer habitat in Albemarle County, which results in 21,000 to 29,000 deer in Albemarle County. The primary February 4, 1998 (Regular Day ~eet~ng) (Page 22) 000288 method of controlling the deer population is legal recreational deer harvesting. He described most development as creating perfect deer habitat. Currently, the deer in Albemarle County are in no danger of a mass die-off due to starvation or disease. While they are not overpopulated, they are over- abundant from a societal perspective. In the past years, there has been a large increase in the number of out-of-season kill permits issued in Albemarle County, which is used as a measure of the deer's impact on an area. Lt. Jim Moore, Game Warden Supervisor for Albemarle County, handed out and summarized a casualty list showing the hunting injury breakdown for the preceding year. He stated that the Department is completely funded by its sale of hunting and boating licenses and hence, are currently unable to hire any more game wardens. They now have a bill before the General Assembly to raise the hunting license fees and gain a portion of the state sales tax on outdoor equipment. Mr. Bowerman asked if there was any mechanism within the Department to allow for a locality that wished to have additional personnel during the peak seasons to add part-time staff for that purpose. Lt. Moore replied that he was not aware of any such mechanism, but that they work hand-in-hand with the local police or sheriff's department. Mr. Kenny Dove said that Culpeper specifically allocates a certain number of men to aid in enforcing the game laws during the general deer season and that Fairfax County has animal control officers that also work as game wardens and that in the past, Albemarle County has done the same thing. Mr. Bowerman asked for some idea of the number of calls received by the Department during the hunting season. Mr. Dove replied that it varies, that he does not have any hard data on the numbers. Most of the calls come through the local police department, or through 911. Ms. Thomas said it is the feeling that the response time is much too slow for game wardens to come out and deal with illegal hunters. Mr. Dove replied that there were only two people working in the County on a normal basis and that one factor was the location of the call. One way to decrease the response time would be to increase the number of officers, as the current number of game wardens means that each is patrolling a large area. Mr. Bowerman asked what kind of call frequency activity there is outside of hunting season. Mr. Dove replied that, outside of hunting season, they had no problem keeping up with the demand for their services. Mr. Marshall agreed that the major problem was during hunting season, particularly from those outside of the County visiting to hunt. Instead of more laws, more law enforcement is needed and that is a State responsibility, not a local one. Mr. Bowerman said he thought it would be more cost-efficient if the number of officers could be increased during hunting season, even if it had to be from a locality, rather than to have more wardens year-round. Mr. Perkins said the County needs to prioritize hunting laws, so that if a police officer is doing radar work and a call comes in for a hunting violation, perhaps the hunting violation should take a higher priority. Mr. Dove said that, in the case of trespassing, the landowner can take down the pertinent information and give it to the police who will serve a warrant on the violator. He also noted that, in one instance in Fluvanna, the Board of Supervisors did provide some money to the Department for more overtime in problem areas. Ms. Thomas said it must be easier to find the legal hunters who are doing something wrong, such as forgetting their hat, as opposed to going after those who are poaching and being illegal hunters. Lt. Moore stated that the Department's primary focus is on the hard-core violators, which takes a whole lot of time. Unfortunately, most of the calls that come in are about the occasional trespasser who shoots behind someone's house, which takes several hours to deal with. Mr. Martin said he agrees that the key is for the police to set priorities. Since a trespasser is a trespasser, they're all breaking the law and they should not just send it over to the game wardens. Ms. Humphris noted that many other counties in Virginia have restricted hunting to shotguns rather than high-powered rifles and asked why these other counties have done so. Lt. Moore replied that it is usually brought up as a February 4, 1998 (Regular Day Meeting) (Page 23) 000289 safety issue. However, Albemarle County has a lot of wide-open areas which are best hunted with a high-powered rifle. There are many more injuries caused by shotguns than rifles. Ms. Thomas noted that there are 21 counties which have limited the firearms that can be used in hunting. Lt. Moore replied that most of those counties are flat, heavily-forested areas. Mr. Marshall said he does not want to get involved in changing any laws. He has been hunting for a long time and shotgun-hunting'creates many more projectiles than a rifle does, and hence, more potential for injury. Mr. Tucker stated that staff could prepare a report looking into what kinds of auxiliary officers might supplement the game wardens during the hunting season. Ms. Humphris said that the majority of the calls she receives have been from urban subdivisions next to the rural areas, because people are allowed to hunt right up to the borders of the subdivisions. Ms. Thomas said she had received a proposal from a group of hunters who wondered if it were possible for a hunter to be required to turn in an antler- less deer first before being allowed to use the antlered permit. Lt. Moore said they are working closely with homeowners' associations to control the deer population in certain subdivisions. They issued approximately 386 additional antlerless tags to allow them to take additional does any day of the season. Mr. Dove said it was very difficult to get a consensus in a subdivision as there will be many residents who do not want any hunting nearby and others who want to get rid of the deer encroachments. Ms. Thomas said there are two separate problems: the deer overabundance problem, which makes hunters rather popular and the fear of having your kids playing in the yard when there are hunters nearby. Mr. Martin noted that it was said that game wardens are needed almost exclusively during hunting season and that there is not a lot of illegal activity going on until after the first frost. This means that people are waiting until it is cold enough so they do not lose the deer meat, which means that even illegal hunters are using the deer as food as opposed to just shooting at things. Ms. Thomas said that it has been brought to her attention that, when a deer is wounded, it is apparently illegal to kill the deer beside the road. Lt. Moore noted that in such cases, if an officer is not nearby, the dispatcher can give permission to the hunter to put the deer out of its misery. Ms. Thomas suggested that the public be made more aware of this fact. Agenda Item No. 12. 1997 Annual Report of the Housing Committee. Ms. Ginnie McDonald, Housing Chief, summarized the Committee's report which is on file in the Clerk's Office and made a part of the permanent records of the Board of Supervisors. She said this is the first annual report of the Housing Committee, an item added to its annual work plan. The last report from the Committee to the Board of Supervisors was made in September, 1996. Ms. McDonald said this report highlights certain work of the Committee over the past year, particularly the adoption of the Committee's definition of "affordable housing" and three targeted family income ranges, the work of the Housing Trust Fund Subcommittee, and the Public Incentives Subcommittee, particularly the concept of inclusionary zoning for affordable housing. It also presents some summary information on housing needs in the County such as rental availability and assistance, housing rehabilitation and repairs, and cost to purchasers of for-sale housing. The preparation of this report surfaced the difficulty in obtaining current and definitive need information, especially with the ranges of household income and other 1990 census data. Mr. Martin asked what the term ~fully leased" meant in the report. Ms. McDonald replied that it meant that they can serve 424 families and there are 424 families receiving assistance. February 4, 1998 (Regular.Day Meeting) (Page 24) 000290 Mr. Marshall asked whether there is also a waiting list. Ms. McDonald replied that there is a waiting list containing the names of 1100 families. The waiting list is kept open to measure the need. Mr. Martin asked why, if a City or County resident can immediately apply to either locality, but there are different regulations for each program. Ms. McDonald replied that they were the same in that the same Federal regulations govern both the City and the County in the same fashion. However, there is the ability for a locality to adopt local administrative plans on certain issues. That should be the only area of difference. It gets very confusing for landlords and the residents in this area because the City has a VHDA-Admin plan and the County has its own VHDA-Admin plan. Ms. Karen Lilleleht, Chair of the Housing Committee, continued the presentation of the report of the Housing Committee. She said they propose, through the County budgeting process, the creation and the capitalization of a local Albemarle County Housing Initiatives Trust Fund. The Housing Committee proposes that this fund be initially capitalized at $50,000, from fifty percent of the annual roll-back tax revenue received by the County, for a maximum of five years. At the end of the this five-year period, the Committee proposes an evaluation of the accomplishments and future funding needs of this fund. The establishment and capitalization of a trust fund would provide a consistent, dedicated source of revenue to assist the County and other housing providers such as AHIP to meet the housing needs of low and very-low income County residents. Ms. Lilleleht said the Public Incentives Subcommittee has been studying local regulatory barriers and local public incentives which would assist in making affordable housing available to all targeted-income groups, spread among all designated growth area communities. The primary focus of this year's work has been the study of the tool of inclusionary zoning to achieve mixed-income housing. An affordable housing program is established under Section 15.1-491.9 of the Code of Virginia. Review of the State's ordinance is suspended until the County Attorney's Office receives an opinion from the State Attorney General's Office as to whether or to the provisions of the State program are mandatory or voluntary if adopted by the County. She then offered to answer questions from Board members. Ms. Thomas asked whether the County is "just treading water" or if it is getting somewhere. Ms. Lilleleht replied that some progress is being made. Part of the whole exclusionary zoning problem is hearing from the Attorney General about interpretation of State statutes. Ms. Thomas asked whether, in dealing with the low-income residents who need housing, the County is meeting their needs better now than in past years. Ms. Lilleleht replied that the programs are better at meeting their needs than in the past, but is falling behind in losing resources at a time when the population is expanding. Mr. Martin said he thought it was an excellent report containing a lot of necessary information. He said the issue of an Albemarle Housing Initiative Revolving Fund is important to him and he would like to see some final recommendations so that Range 1 and Range 2 people can be given the help needed. Agenda Item No. 13. Update on FY 1998-1999 Revenue Projections. Mr. Melvin Breeden said that the revenue projections have increased by approximately $3.16 million, primarily because of the Meals Tax. There is an additional $450,000 from State-Federal revenues which are tied to social services programs, so they do not represent additional funds for other programs. That leaves a $410,000 increase in revenue projections for next year. The majority of that is tweaking projections for real estate taxes. This leaves an additional $257,640 for schools and $171,760 for local government, based on the 60-40 split. Ms. Thomas asked whether the Board had the power to exempt certain items from being considered "meals" by the Meals Tax Ordinance. Mr. Davis said the Board could not exempt one item which would fall in the same class as another; exemptions must be by classifications. Mr. Breeden also noted that because of the Governor's personal property tax legislation, the County will see a lot of confusion and added administrative costs attached to that program. 00029 February 4, 1998 (Regular Day Meeting) (Page 25) Agenda Item No. 15. Executive Session: Appointments to Boards and Commissions and Legal Matters. At 12:50 p.m., Mr. Bowerman offered motion to adjourn 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 acquisition of property for public use; and, under Subsection (7) to consult with legal counsel and staff regarding specific legal matters relating to Charlottesville's transition to town status and relating to probable litigation regarding a building code issue. The motion was seconded by Ms. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 16. Certify Executive Session. The Board reconvened into open session at 3:10 p.m. 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. The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. NOT DOCKETED: Motion was immediately offered by Mr. Perkins, seconded by Ms. Humphris, to adopt the following Resolution authorizing the purchase of a parcel of land near the Keene Landfill, Tax Map 129, Parcel 2A, of approximately 15 acres. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. RESOLUTION W~EREAS, 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; W~EREAS, the County has determined that a need exists to acquire certain real property adjacent to the Keene landfill; W~EREAS, the County intends to utilize the acquired property for buffer and related purposes in connection with the closure of the Keene landfill; W~EREAS, the County has conveyed an offer, conditioned upon approval by the Board of Supervisors, to purchase approximately 15 acres of privately-owned property adjacent to the Keene landfill for the per-acre assessed value; and WI~EREAS, 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-described property according to the terms and conditions set forth in the Purchase Agreement and Deed attached hereto. February 4, 1998 (Regular Day Meeting) (Page 26) Agenda Item No. 17. Appointments. Mr. Bowerman recommended the following appointments: Appoint Mr. Arthur B. Brown to the Social Services Board to represent the Rio Magisterial District, with a term to expire on December 31, 2001; Reappoint Mr. Donald J. Wagner to the Albemarle County Service Authority Board of Directors to represent the Rio Magisterial District, with the term to expire on April 16, 2002; Reappoint Mr. Frank Rice to the Equalization Board for the Calendar year of 1998 to represent the Rio Magisterial District; and Reappoint Mr. Thomas A. McQueeney to the Industrial Development Authority to represent the Rio Magisterial District, with a term to expire on January 19, 2002. Ms. Thomas recommended the appointment of Ms. Martha S. G. Orton to the Board of Social Services to represent the Samuel Miller Magisterial District, with a term to expire on December 31, 2001. Mr. Marshall recommended the reappointment of Mr. James E. Clarke, Jr. to the Equalization Board for Calendar Year 1998 to represent the Scottsville Magisterial District. Ms. Humphris recommended the reappointment of Mr. Robert R. Humphris to the Albemarle County Service Authority Board of Directors to represent the Jack Jouett Magisterial District, for a term to expire on April 16, 2002. Mr. Martin recommended the appointment of Mr. Bryson Grover to the Commission on Children and Families as the youth representative from Albemarle County for a one-year term. Mr. Bowerman seconded all of the nominations. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris~ Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 14. Other Matters not Listed on the Agenda from the BOARD. Ms. Thomas said one of the trash haulers has brought to her attention Senate Bill 605 which say that any truck or trailer for the purpose of hauling municipal solid waste has to be designed and constructed for the sole purpose of transporting municipal solid waste. This means that all of the small haulers, who are the only ones who can get up some of these winding driveways on rural roads, would not be able to use their small trucks. The justification is that sometimes these trucks dribble waste as they go along, but they are not supposed to pick up liquid waste anyway, so there is a way to deal with that. It would have a great deal of impact on rural counties, Albemarle being one of them. These small haulers have asked their local governments to help them. This bill is in the Committee on Agriculture, Conservation and Natural Resources, of which Senator Emily Couric is a member. If it gets through that body, then it will go on to the Senate, then to the House. There are a lot of elderly people who can not wrestle their garbage to the beginning of their driveways. This would create a monopoly for the large haulers. Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to adopt the following resolution opposing Senate Bill 605, and staff is to communicate with Senator Couric that if this bill gets out of committee, to communicate to others in the General Assembly that it is detrimental to rural trash collection, which hurts Albemarle's citizens and will lead to increased illegal dumping. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms Thomas and Mr. Bowerman. None. February 4, 1998 (Regular Day Meeting) (Page 27) 00029 RESOLUTION OPPOSING SENATE BILL NO. 605 IN THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, S.B. 605 has been introduced in the General Assembly of Virginia and referred to the Committee on Agriculture, Conservation and Natural Resources; and WHEREAS, S.B. 605 will require any truck or trailer used for the purpose of hauling municipal solid waste, as defined in the Board's regulations, to a solid waste disposal facility for disposal shall be designed and constructed for the sole purpose of transporting municipal solid waste; and WHEREAS, the Board of County Supervisors of Albemarle County, Virginia, believes such a regulation would be detrimental to rural trash collection and small trash haulers since these haulers would not be able to use their small trucks to travel on rural county roads which in turn would create a monopoly for large trash haulers; and WHEREAS, the Board believes that such a regulation would cause an undue burden on county citizens thereby increasing illegal dumping; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Supervisors of Albemarle County, Virginia, strongly opposes this regulation and requests Senator Emily Couric to demonstrate her concern to the Committee on Agriculture, Conservation and Natural Resources by opposing SB 605. Ms. Thomas said another thing coming up in the General Assembly is an alert to stop billboards. In this County, the billboards are only nonconforming, but she is not sure that it should be ordered around the State. The proposal from the Garden Club of Virginia would have the State say there will be no new billboards on any state road. She said she would leave it up to the individual Board members to do as they wished concerning this legislation. Agenda Item No. 18. Adjourn to February 9, 1998 for a Joint Meeting with School Board. At 3:20 p.m., motion was offered by Mr. Bowerman, seconded by Ms. Humphris, to adjourn to February 9, 1998, at 5:00 p.m. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Approved by the Board of County Supervisors Initials~