1998-05-06May 6, 1998 (Regular Day Meeting)
(Page 1)
0002 6
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on May 6, 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 9:05 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
Non-agenda
(At this time, Mr. Martin said he wanted to make an appointment to the
Equalization Board, since the person was in the audience.)
Mr. Martin moved that Ms. Tracy Corea be appointed as the Rivanna
District Representative to the Equalization Board with term to expire
December 31, 1998. Mr. Bowerman seconded the motion.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and
Mr. Martin.
NAYS: None.
Agenda Item No. 5. Presentation of Certificate of Appreciation.
removed from agenda.)
(Item
(Note: since Dr. DiCroce was not present, the Board moved to the consent
agenda.)
Agenda Item No. 8. Consent Agenda.
Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve
items 8.1 through 8.3 and to accept the remaining items for information.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and
Mr. Martin.
NAYS: None.
Item No. 8.1. Proclamation: Municipal Clerks Week.
Ms. Humphris said the office of the Municipal Clerk is an old and time-
honored office, and read a proclamation proclaiming May 3, 1998 through
May 9, 1998, as Municipal Clerks Week. The Clerk's Office is an important
link between government and the community. Clerks strive for perfection and
keeping accurate records. She expressed the Board's appreciation to
Ms. Laurel B. Hall and Ms. Ella W. Carey for their service.
May 6, 1998 (Regular Day Meeting)
(Page 2)
By the above shown vote, the Board adopted the following proclamation:
MUNICIPAL CLERKS WEEK
WHEREAS, the Office of the Municipal Clerk, a time honored and vital
part of local government, exists throughout the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest among public
servants; and
WHEREAS, the Office of the Municipal Clerk provides the professional
link between the citizens, the local governing bodies and agencies of govern-
ment at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their
neutrality and impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on
functions of local government and community;
WHEREAS, Municipal Clerks continually strive to improve the administra-
tion of the affairs of the Office of the Municipal Clerk through participation
in education programs, seminars, workshops and the annual meetings of their
state, province, county and international professional organizations;
NOW, THEREFORE, I, Forrest R. Marshall, Jr., Chairman, on behalf of the
Albemarle Board of County Supervisors, do hereby recognize the week of
May 3 through May 9, 1997, as
MUNICIPAL CLERKS WEEK
and further extend appreciation to our Municipal Clerks for the vital services
they perform.
Item No. 8.2. Proclamation: Drinking Water Week.
Ms. Humphris said abundant living is dependent on a good water supply.
The Rivanna Reservoir will be affected by the Western Bypass construction, so
the Board needs to ensure that the road does not destroy that body of water,
which provides half of the drinking water for the community. Mr. Marshall
read the proclamation. He then added that many businesses are moving from the
north to the south. He agreed that in the future the water situation may lead
to people leaving the area.
By the above shown vote, the Board adopted the following proclamation:
DRINKING WATER WEEK PROCLAMATION
WHEREAS, water follows a natural cycle from earth to air to earth again; and
WHEREAS, water is a basic and essential need of every living creature; and
WHEREAS, our health, comfort, and standard of living depend upon an abundant
supply of safe drinking water; and
WHEREAS, Albemarle County believes that citizens should have a safe and
dependable supply of water both now and in the future; and
WHEREAS, we are calling upon each citizen to ride the water cycle and give
drinking water a hand by protecting our resource waters from pollution,
practicing water conservation, and getting involved in local water issues;
NOW, THEREFORE, be it resolved that the Board of Supervisors hereby proclaims
May 3-9, 1998 as Drinking Water Week in Albemarle County.
May 6, 1998 (Regular Day Meeting)
(Page 3)
000 :1.8
Item No. 8.3. Proclamation: ~enior Center Week.
By the above shown vote, the Board adopted the following proclamation:
SENIOR CENTER WEEK
WHEREAS, older Americans are significant members of our society, investing
their wisdom and experience to help ~nrich and better the lives of
younger generations; and
WHEREAS, through the wide array of services, programs and volunteer opportuni-
ties, the Senior Center, Inc., empowers older citizens of the County of
Albemarle to contribute to their own health and well-being and the
health and well-being of their fellow citizens of all ages; and
WHEREAS, the Senior Center volunteers acts as catalysts mobilizing their
creativity, energy, vitality and commitment to serve the Charlottes-
ville/Albemarle community;
NOW, THEREFORE, I, Forrest R. Marshall, Jr., Chairman, on behalf of the Board
of County Supervisors of Albemarle County, Virginia, do hereby proclaim
this day, May 15, 1998, as Volunteer Recognition Day at the Senior
Center, Inc., during this
National Senior Center Week,
May 10 through May 17, 1998
and call upon all citizens to recognize the special contributions of the
Senior Center, Inc., volunteers who work every day to make our community
a better place in which to live.
Item No. 8.4. Proclamation: Small Business Week.
By the above shown vote, the Board adopted the following proclamation:
SMALL BUSINESS WEEK
WHEREAS, small business, defined as companies having fewer than 100 employees,
creates over 90 percent of our private sector jobs; and
WHEREAS, small business provides a significant portion of the real and
personal property tax revenue for Albemarle County and a great deal 'of
the goods and services our local citizens enjoy; and
WHEREAS, many of the community activities' that enhance our quality of life in
Albemarle are dependent upon the active support of our small businesses;
and
WHEREAS, the second week in May is traditionally designated as National Small
Business Week;
NOW, THEREFORE, I Forrest R. Marshall, Jr., Chairman, on behalf of the
Albemarle Board of County Supervisors, do hereby recognize the week of
May 10 through May 16, 1998, as
SMALL BUSINESS WEEK
in Albemarle and call upon all citizens to recognize the significance of
small business in our local economy in providing a diversity of services
and jobs and helping maintain economic stability, flexibility and
growth.
(Note: At this time the Board left the remaining consent agenda items
for later discussion and welcomed Mr. James Campbell.)
Agenda Item No. 7. Brief Presentation by Mr. James Campbell, Executive
Director, VACo.
May 6, 1998 (Regular Day Meetihg)
(Page 4)
000219
Mr. James Campbell, Executive Director of the Virginia Association of
Counties (VACo), asked the Board to advise him of any issues they would like
for him to present to VACo legislative staff. He said Albemarle County is one
of the more active counties in the Association, with Ms. Humphris serving on
the Board of Directors.
VACo had an exciting year this year, as the General Assembly was very
active. VACo was disappointed that not all bills they supported were passed,
but some important ones were, including a car tax and a school construction
proposal. He noted that concerns remain regarding school construction.
Albemarle County is one of the ten largest counties, so this legislation is
important to the County.
Mr. Campbell said VACo will submit a summary report after May 15, 1998,
summarizing all passed legislation and its effects on local government. VACo
also provides a newsletter and legislative bulletins. They recently released
Supervisor's Manuals and hoped the Board would purchase copies for everyone.
VACo manuals and training seminars are designed to assist County officials
perform their duties.
He then reminded the Board of additional products and services available
through VACo and NACo. Albemarle County is one of the best participants in
the deferred compensation program, with participation by two-thirds of County
employees. A new product, Viatical Settlements, is designed to assist
terminally ill employees pay their expenses through their life insurance
programs. There is no cost to the County, and he said he hoped the Human
Resources Department would look into this. Finally, he reminded the Board the
County participates in the Office Depot Program, under which counties can save
up to 50 to 60 percent off the cost of'office products, including office
furniture and computers.
Mr. Marshall said that he had attended the Chairman's Institute, and
that it has been helpful to him. Ms. Humphris said she had attended an
excellent VACo Board meeting this weekend. She will share her notes about
major issues pending for next year's General Assembly, and Mr. Campbell's
letter to Mr. Tucker about sending in information on issues for the next year,
to the steering committees.
Ms. Thomas said she sits on the Finance Steering Committee, and that
VACo has to walk a fine line on issues. As an urbanizing County, Albemarle
County feels ~odd man out". Land-use issues are important to the County, and
will be to 11 other counties in the future. Regarding the car tax, she said
the administrative expense is an issue, and she would like VACo's assistance
in ensuring that there is money to administer it. The $5 million that has
been set aside for this purpose must be shared between all counties, and it is
not sufficient money. Mr. Campbell said counties should track expenses. The
language in the law does not address how the work will be done, it only
alludes to the duties of constitutional officers. VACo agrees this needs to
be addressed.
Ms. Thomas said she hopes VACo is very proactive on school construction.
The General Assembly's Steering Committee has not met in two years. VACo
should push for them to meet. Mr. Campbell said VACo is also studying the
future of Virginia's cities, but does not have representatives who serve on
the committee.
(Note: At this time, the Board returned to the consent agenda.)
Item No. 8.5. Resolution in support of Thomas Jefferson Venture
Strategic Plan (copy on file in the Clerk's office).
By the above shown vote, the Board adopted the following resolution:
RESOLUTION
in support of the
THOMAS JEFFERSON VENTURE STRATEGIC PLAN
WHEREAS the Albemarle County Board of Supervisors has participated in the
development of the Venture Strategic Plan in order to support the Thomas
Jefferson region's certification under the Regional Competitiveness Act, and
WHEREAS the Board has reviewed the strategies in said plan,
000220
May 6, 1998 (Regular Day Meetihg)
(Page 5)
NOW THEREFORE BE IT RESOLVED that the Board approves the Venture Strategic
Plan with the intent to participate in the following ways:
In the interest of protecting natural and built beauty of the
region, the Board will participate in identifying those specific
areas of historic and natural significance for protection and
giving full consideration to any mechanisms to protect these areas
that are promulgated for preservation of our natural assets. The
Board is particularly interested in this project to further the
tourism industry and the benefits accruing to the region which
will occur as a result of an increase in this economic sector.
Production of the map and audio is a task supported by this
resolution.
Using technology linkages between the technical, Community Col-
lege, the University with the local school system to provide
workforce training and additional academic courses not locally
feasible.
3 o
To work with the other localities in the region to develop a
sprawl impact model and to use the model as a tool in future
planning decisions. To share Albemarle County's work on the
Purchase of Development Rights (PDR) program with the other
counties in the planning district.
To participate in activities which expand the entrepreneurial
training and funding, as a beginning through the Thomas Jefferson
Planning District/Virginia Economic Development Corporation
MicroLoan Program.
5o
To support the expansion of the Healthy Families Program in
additional localities, noting that Fluvanna, Albemarle, and
Charlottesville have undertaken such an effort on their own.
To participate in a Regional Housing Trust Fund, at first through
the use of regional HOME Consortium funds to expand opportunities
for affordable housing, particularly to first time homebuyers.
To join with the other localities in seeking ways to improved race
relations through community forums, focus groups, and additional
issues developed through these mechanisms, including the use of an
existing groups or formation of a regional group to facilitate
these discussions.
BE IT FURTHER RESOLVED that the Albemarle County Board of Supervisors believes
the Venture has provided an excellent opportunity to explore regional issues
and seek solutions, and the Board of Supervisors urges the certification of
Venture under the Regional Competitiveness Program by the Virginia Department
of Housing and Community Development.
Mr. Marshall thanked Ms. Nancy O'Brien, Ms. Thomas and Mr. Perkins for
their hard work on the Thomas Jefferson Venture Strategic Plan.
Item No. 8.6. Revised Resolution to abandon Route 601 as a result of
construction of Project ~0601-002-102,C501.
By the above shown vote, the Board adopted the following Resolution:
The Board of Supervisors of Albemarle County, in a regular meeting on the 6th
day of May, 1998, adopted the following:
RESOLUTION
WHEREAS, the Virginia Department of Transportation has provided this
Board with a sketch dated January 6, 1998, depicting the abandonment required
in the secondary system of state highways as a result of the construction of
project 0601-002-102,C501, which sketch is hereby incorporated herein by
reference,
WHEREAS, the portion of the old road identified on the sketch as Section
1 to be abandoned is deemed to no longer serve public need, and
May 6, 1998 (Regular Day Meeting)
(Page 6)
WHEREAS,. the portion of road identified on the sketch as Section 2,
connection to be added to the secondary system, and
WHEREAS, the new road serves the same citizens as that portion of old
road identified to be abandoned, and
NOW, THEREFORE, BE IT RESOLVED, this Board abandons as part of the
secondary system of state highways that portion of Route 601 identified as
Section I, a distance 0.09 miles, pursuant to Section 33.1 - 155, Code of
Virginia, and adds Section 2, connection to be added to the secondary system,
a distance of 0.02 miles, pursuant to Section 33.1-229, Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transporta-
tion.
Item No. 8.7. Early Retirement Request for FY 1998-99.
The executive summary states that Albemarle County's Personnel Policy
§P-63 provides for voluntary early retirement for County employees who have
been employed by the County for ten of the last 13 years and who are at least
50 years of age and currently employed. Staff has received an additional
request from an employee who has been employed with the County for the
prerequisite minimum number of years and has indicated their intention to
retire within the next fiscal year. Policy dictates that applications to
enter the program be submitted by December 1 of the preceding year, but staff
approves of this application to be accommodated using available FY1998-99
funds.
County policy requires the Board to approve all early retirement
applications upon recommendation of the County Executive. Staff recommended
that this request be so approved with the budgetary implications absorbed
within the appropriate departmental FY1998-99 budget.
By the above shown vote, the Board approved one Voluntary Early Retire-
ment Plan application.
Item No. 8.8. Road Name Change (Batna Farm to Mount Juliet Farm).
The executive summary states that staff has completed the road name
change phase of the Enhanced 911 implementation project in accordance with the
Board's road name change policy. The Board's policy requires that, with this
phase of the project completed, no further changes to road names would be
permitted without Board approval. Staff has been made aware of a situation
for which a road name change request should be further considered.
This is a request to change the road name of Batna Farm to Mount Juliet
Farm. Both property owners served by the road in question have signified that
they approve of the change. The road name change request was made by
Mr. Jose J. Morejon, the property owner of the farm. The farm name has been
changed to Mount Juliet. The property owner will be responsible for costs
associated with new signage.
Should the Board approve the new road name change as requested, the
Board should grant staff the authority to coordinate/implement the above
referenced change with the property owner.
By the above shown vote, the Board approved the road name change from
Batna Farm to Mount Juliet Farm and granted staff the authority to coordi-
nate/implement the above referenced change with the property owner.
Item No. 8.9. Authorize County Executive to execute documents for
dedication of Church Road Detention Basin.
The executive summary states that the Church Road Detention Basin is a
large depressed area adjacent to both Hillsdale Drive and the access road to
the Church of The Incarnation, also referred to as the Church Road. This
depressed area is the remains of a natural ravine that was filled by the
construction of these two roads. The pipe under the Church Road is under-
sized, in regards to capacity, and as a result water backs-up on the upstream
side and a certain amount of detention is provided. More importantly, this
May 6, 1998 (Regular Day Meeting)
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000222
depressed area and the undersized pipe provide an essential public safety
function for Greenbrier Drive.
The development of the Branchlands Planned Unit Development relocated
the existing stream, that ran through the property, into a channel
(Branchlands Channel) that was designed to carry the flows of the 100-year
storm. A hydrologic and hydraulic study, referred to as the Unified Drainage
Study, was the basis for the channel design and the design of the Greenbrier
Drive crossing of the channel. A critical factor of the study was that it
took advantage of the undersized pipe and storage potential of the Church Road
basin to assure that Greenbrier Drive would not be overtopped by a 100 year
storm. This was a requirement of the County's approval of this development,
since Greenbrier Drive is the principle access. The Unified Drainage Study
identified the undersized culvert as the key to the satisfaction of this
requirement, for any increase in the pipe size would result in the flooding of
Greenbrier Drive. However, no steps were ever taken to assure County control
over the culvert or the detention area.
As part of the dedication of the Branchlands wetland, the residue
portion of the wetland parcel will remain with the current owner and will be
filled (by the owner) for future development per the Branchlands PUD Agree-
ment. As mitigation for the filling, the owner has agreed to make improve-
ments to the remaining wetland area and provide additional detention storage
volume in the Church Road Basin. The material excavated from the Church Road
basin will be used to fill the owners portion of the wetland area. The owner
also has a development under construction in the drainage area of the Rio
Hills Regional Basin. The owner has elected to contribute to the Rio Hills
Regional Basin in lieu of providing onsite detention. In conjunction with the
dedication of the Branchlands Regional Stormwater Wetland/BMP, the owner has
also elected to convey to the County the parcel containing the Church Road
Basin in lieu of paying a pro-rata share to the Rio Hills Regional Basin.
This specific action was mentioned in the 1992 executive summary for the
Branchlands Wetland, but this conveyance resulted from the negotiations for
the division and dedication of the Branchlands Wetland parcel. The most
important benefit of this action is that it provides the County with the
control, over the outlet of the Church Road Basin, essential to assure the
long term protection of the Greenbrier Drive crossing of the Branchlands
Channel. Therefore it is in the best interest of the public that this
conveyance be accepted by the County. The necessary documents are attached
and include the deed and a copy of the plat of record for the parcel.
Staff recommends the Board approve the attached resolution to authorize
the County Executive to execute the deed.
By the above shown vote, the Board adopted the following Resolution:
RESOLUTION
WHEREAS, the Virginia Land Trust, the owner of Tax Map 61Z, Parcel 03-9,
desires to convey to the County this parcel containing the Church Road
Detention Basin to serve as a regional stormwater basin and the conveyance is
supported by the County Engineering Department to assure the protection of
Greenbrier Drive from flooding.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors hereby authorized Robert W. Tucker, Jr., County Executive, to
execute the attached deed (copy on file in the Clerk's office).
Item No. 8.10. Authorize County Executive to execute documents for
dedication of Branchlands Regional Stormwater Wetland/BMP Detention Basin.
The executive summary states that the referenced regional stormwater
wetland/BMP (best management practice) is a wetland and pond constructed as
part of the Branchlands Planned Unit Development. On December 2, 1992, the
Board of Supervisors approved a request authorizing staff to contact the
property owner and prepare the plat and deed for the dedication of this public
regional basin. These documents are attached and include a plat, a deed
conveying Parcel ~Z" to the County as a regional stormwater facility, and a
deed dedicating a public easement over a portion of Parcel Ky,, for the
construction and maintenance of a sediment forebay.
May 6, 1998 (Regular Day Meeting)
(Page 8)
000223
The PUD agreement for the Branchlands development provided for a wetland
marsh to be established within a temporary easement to serve as part of a
stormwater research project in conjunction with the University of Virginia.
The majority of this area is located on TMP 61Z-03-11A with a very small
portion located on TMP 61Z-03-11. The easement was to remain for as long as
the wetland served as a water quality facility. Clause B.2 in the PUD
agreement states that if at some future time the County Engineering Department
determines that the wetlands is no longer serving its intended purpose of
water quality management the project will be terminated and easement vacated.
A reasonable assumption (although no documentation was found) is that upon
completion of the University research project the wetland was to remain until
~natural" sedimentation rendered the wetland area useless. At that time, the
owner could request that the County abandon the easement and submit a site
plan for removal of the wetland. If this assumption is accurate, then the
intent of the PUD agreement was to establish a temporary easement with a
useful life span and no maximum time limit. Over the past nine years, site
plans have been approved within the PUD recognizing this wetland area as the
only stormwater quality and partial quantity control for the development.
This wetland area, along with another minor detention area, provide the only
stormwater management for the entire PUD. If the wetland area was to be taken
out of service, any pollutants being removed from current and future develop-
ment would be discharged directly into the stream.
Occasional County maintenance has been limited to clearing debris from
the outlet structure and cutting brush on the embankment along Hillsdale
Drive. The outlet for the facility is extremely susceptible to clogging due
to its design and is obstructed on a regular basis causing high water levels
in the wetland area. On a few occasions it has overtopped the'curb along
Hillsdale Drive. The needed outlet improvements and maintenance of this
facility have long been a concern of the Branchlands and Brookmill residents.
By dedicating this wetland area as a regional stormwater facility, the
County will relieve these concerns by providing routine inspections, mainte-
nance, and the stormwater management function of the wetland will be pre-
served. The residue of Parcel llA will be returned to the owner, for future
development, and in exchange will provide improvements to the spillway and
improvements to increase the sediment/nutrient removal efficiency of the
wetland.
Staff recommends the Board approve the Resolution to authorize the
County Executive to execute the plat and deeds.
By the above shown vote, the Board adopted the following Resolution:
RESOLUTION
WHEREAS, the Virginia Land Trust, the owner of Tax Map 61Z, Parcel 03-
llA, desires to convey to the County the portion of the property containing
the Branchlands Regional Stormwater Wetland/BMP and dedicate to public use a
permanent drainage easement for the construction and maintenance of a sediment
forebay and the conveyance and dedication are supported by the County Engi-
neering Department to preserve the stormwater management function of the
wetland.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors hereby authorizes Robert W. Tucker, Jr., County Executive, to
execute the plat and deeds.
Item No. 8.11. Authorize County Executive to execute documents for
dedication of Rio Hills Regional Detention Basin.
The executive summary states that the referenced regional basin is the
stormwater detention basin located in the Rio Hills Shopping Center. On
January 15, 1997, the Board of Supervisors approved a request authorizing
staff to contact the property owner and prepare the plat and deed for the
dedication of this public regional basin. These documents have been prepared,
approved by staff, and have been executed by the property owner. Upon the
Board's authorization, the documents will be signed by the County Executive
and recorded in the Office of the Clerk of the circuit Court.
This dedication was requested as part of the drainage improvements for
the Woodbrook Channel, a project that was sited in the 1986 Urban Drainage
Study and funded through the Capital Improvements Program. As a result of
upstream development, residents of Woodbrook have been impacted by flooding
O, 00224
May 6, 1998 (Regular Day Meeting)
(Page 9)
and erosion along the Woodbrook Channel. An engineering analysis, prepared by
Mr. J. K. Timmons for the County Engineering Department, recommended the best
long term solution was to provide additional detention at a regional location
upstream in combination with making improvements to the capacity and stability
of the channel. A portion of the channel improvements have already been
completed to address immediate flooding concerns. A design contract for the
analysis and design of the remaining basin and channel improvements is
currently pending.
Funds necessary to provide the improvements for this project have been
appropriated, given current estimates. Once the basin is dedicated for
regional use, the final design and construction phase will move forward.
Staff recommends the Board approve the resolution to authorize the
County Executive to execute the plat and deed.
By the above shown vote, the Board adopted the following Resolution:
RESOLUTION
WHEREAS, the First Interstate Charlottesville Limited Partnership, the
owner of the Rio Hills Shopping Center, desires to dedicate to public use the
Rio Hills Regional Stormwater Detention Basin and the dedication is supported
by the County Engineering Department to help correct flooding and erosion in
the Woodbrook Channel.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors hereby authorized Robert W. Tucker, Jr., County Executive, to
execute the attached deed to accept the easement for the Rio Hill Regional
Stormwater Detention Basin for public use.
Item No. 8.12. Appropriation: Education Division, $226,045.38 (Form
#97058).
The executive summary states that, at its meeting on April 6, 1998, the
School Board approved the following appropriations:
Appropriation of $1,800.00 for Henley Middle School. Henley Middle
School received a donation in the amount of $1,800.00 from Sarah DuPont.
This donation will be used to send Ms. Jackie Birckhead, a teacher at
Henley Middle School, to a training seminar for the values education
program, Character Counts. This donation will cover all expenses
related to seminar fees, transportation, lodging and food. Any portion
of this amount that remains will be used to purchase materials related
to the implementation of Character Counts.
Appropriation of $98,247.47 for the Goals 2000 Grant Award. The
Albemarle County School Division has been awarded two grants, one in the
amount of $57,103.68 and one in the amount of $41,143.79 under funding
for the Goals 2000: Educate America Act. These funds will be used to
purchase classroom computers and related technologies to help upgrade
business labs at Albemarle High School and Western Albemarle High
School.
Appropriation of $113,713.00 in additional Federal Flow-Through funds.
The final figures for Federal Flow-Through funds has been made available
to localities. Federal funding for this program was increased due to an
increase in student enrollment and an increase in the federal per
student allocation. As part of the Flow-Through application, Albemarle
is reimbursed for salaries of special education teachers up to the total
Flow-Through amount. These additional funds will be utilized to provide
staffing for special education.
Appropriation of $1,000.00 for the Virginia Power Partnership Grant.
Stone-Robinson Elementary School has been awarded a Virginia Power
Partnership Grant in the amount of $1,000.00. This grant will help to
fund a program that will encourage family involvement in children's math
education in positive ways. There will be a series of four Family Math
Nights for families with children in kindergarten and first grade.
Teachers will talk about the math curriculum and hand out math manipula-
tive to be taken home.
Appropriation of $1,285.91 for the Textbook Fund. The textbook fund has
collected $1,285.91 this year from the schools for textbooks which were
May 6, 1998 (Regular Day Meeting)
(Page 10)
000225
lost, damaged or sold. These funds will be used to purchase replacement
textbooks.
Transfer of $10,000.00 for reimbursement to the Albemarle Resource
Center. The Albemarle County Local Government appropriated $10,000.00
as reimbursement to the Albemarle Resource Center for the QUIP Program
to cover costs associated with this program.
Staff recommends the Board approve the appropriations, totaling
$226,046.38, as detailed on form #97058.
By the above shown vote, the Board adopted the following Resolution of
Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 97/98
i~TUMBER: 97058
FUND: School/Grants
PURPOSE OF APPROPRIATION: VARIOUS SCHOOL GRANTS AND DONATIONS.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION
1 2252 61411 580500 STAFF DEVELOPMENT
1 3135 60605 800100 MACHINERY/EQUIP
1 2100 61102 112100 SALARIES-TEACHER
1 2112 61312 112100 SALARIES-TEACHER
1 3104 60210 601300 INST. SUPPLIES
1 2114 61101 60200 TEXTBOOKS
1 2114 61311 312390 QUIP TP~AINING
AMOUNT
$1,800 00
98,247 47
78,197 00
35,516 00
1,000 00
1,285 91
10,000.00
TOTAL
REVENUE DESCRIPTION
2 2000 18100 181109 DONATION
2 3135 24000 240324 GOALS 2000 GRAlqT
2 2000 33000 330110 SPEC. ED. FLOW THROUGH
2 3104 18000 181225 VA. POWER GRAI~T
2 2000 16000 161203 TEXTBOOKS
2 2000 19000 190214 TEXTBOOKS
2 2000 19000 190213 RECOVERED COST-MEDIA CENTER
AMOUNT
$226,046.38
$1,800.00
98,247 47
113,713 00
1,000 00
326 50
959 41
10.000.00
TOTAL $226,046.38
Referring to the $98,358.58 for the Goals 2000 Grant Award, Ms. Thomas
asked why Monticello High School did not receive any of these funds.
Mr. Tucker said this money is for the existing year only. In subsequent years
all three schools will likely benefit.
Item No. 8.13. PREP Financing - Approval of short-term financing option
and adoption of resolution allowing reimbursement of funds expended prior to
the issuance of the permanent VPSA financing.
Funding for the new PREP facility, in the amount of $3,000,000, was
approved by the Board on February 4, 1998.
The previous plan submitted to the Board provided for a lease/purchase
type of arrangement to provide for the short-term construction period with
conversion to a VPSA bond issue on completion of the project. The VPSA issue
is planned for the fall of 1998 with the first payment due in July 1999.
Due to some complications in structuring the short-term financing, staff
is recommending, at this time, that the initial construction funds needed for
the project be financed from General Fund cash flow. The major reason for
this recommendation is that the County has been contacted by Health Services
Foundation in reference to refinancing a $20 million bond issue previously
issued through the County's Industrial Development Authority. Anticipating
that this request would be mostly likely approved, the short-term financing
would no longer be bank qualified resulting in a higher interest rate than
projected. Currently, it is projected that approximately $400,0000 would need
to be advanced by the County for expenses incurred pnor to issuance of the
VPSA bonds. Interest on the advances would be charged to PREP at a rate equal
to the County's current average investment earnings rate (5 percent to 5.5
percent). This rate will mostly likely be slightly higher than the loan rate,
May 6, 1998 (Regular Day Meeting)
(Page 11)
000226
however, since there will be very little legal expense by not doing the short-
term loan, the total cost to PREP will be about the same. This option is only
available due to the time period of the advances (May to October) which is now
a good cash flow period due to the June 5th tax due date.
Staff requests approval to advance this funding for the PREP project as
presented above. Approval of the attached reimbursement resolution is also
requested to comply with federal regulations since funds will be expended
prior to issuance of the VPSA bonds. Such approval Should be contingent upon
an agreement with PREP that memorializes the obligation to reimburse the
County with interest as outlined above.
By the above shown vote, the Board adopted the following Resolution:
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR
PIEDMONT REGIONAL EDUCATION PROGRAM FACILITY
WITH PROCEEDS OF BONDS
WHEREAS, the Board of Supervisors of Albemarle County, Virginia (the
~County"), intends to undertake the construction of a facility for the
Piedmont Regional Education Program; and
WHEREAS, the County intends to pay costs of the Project prior to the issuance
of the Bonds, as hereinafter defined, and to receive reimbursement for
such expenditures from proceeds of the sale of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA, THAT:
1)
The County intends to finance the Project through the issuance of bonds
in an amount not to exceed $3,000,000 (the ~Bonds") .
2)
The County intends to receive reimbursement from proceeds of the sale of
the Bonds for costs of the Project paid by the County prior to the
issuance of the Bonds.
3)
The County intends that the adoption of this resolution be considered as
"official intent" within the meaning of Treasury Regulations Section
1.150-2 promulgated under the Internal Revenue Code of 1986, as amended.
Item No. 8.14. Notice from J. T. Mills, State Location and Design
Engineer, Department of Transportation, of approval of the location and major
design features of the Route 29 (Proj. 002-002-129, RW-201, C-501), from 0.053
mil north of Route 641, to 0.2252 mil north of Route 641), was received for
information.
Item No. 8.15. Copy of 1997 Annual Report of the Albemarle County
Planning Commission, was received for information.
Item No. 8.16. Monthly update on the FY 1997/98 Project Schedule for
the Department of Engineering & Public Works as of April 24, 1998, was
received for information.
Item No. 8.17. Notice of application filed with the State Corporation
Commission (Case No. PUA980013) by Qwest Communications International, Inc.,
LCI International, Inc., LCI International Telecom Corp., LCI International of
Virginia, Inc., and USLD Communications, Inc., for approval of a transfer of
control and motion for expedited consideration, was received for information.
Item No. 8.18. Pursuant to the Virginia Water and Waste Authorities Act
I, notice of proposed increase in certain water and wastewater fees charged by
the Albemarle County Service Authority to become effective July 1, 1998, was
received for information.
Item No. 8.19. Letter dated April 17, 1998, from Mr. J. Richard Hill,
Jr., Tributary Strategy Team Leader, Department of Conservation and Recre-
ation, to the Honorable Forrest R. Marshall, Jr., re: Interim James River
Tributary Strategy, was received for information.
May 6, 1998 (Regular Day Meeting)-
(Page 12)
000227
Ms. Thomas said she has been attending this group's meetings. She said
people who are overseeing soil and water conservation attend, but do not know
what local government is doing. She will attend the next meeting on May 14.
Mr. Tucker said he thinks Mr. David Hirschman, County Water Resources Manager,
also plans to attend that meeting. Ms. Thomas said runoff into the rivers
comes from forestry and agriculture activities, not construction activities.
This may affect land use policies or best management practices (BMP's) in the
future.
Item No. 8.20. Copy of monthly Bond and Progress Report for Arbor Crest
Apartments (Hydraulic Road Apts) for the month of March, 1998, was received
for information.
Item No. 8.21. Copies of Planning Commission minutes for March 31 and
April 7, 1998, were received for information.
Item No. 8.22. Copy of minutes of the Board of Directors of the
Albemarle County Service Authority for March 19, 1998, was received for
information.
Agenda Item No. 6. Presentation to Dr. DiCroce.
Mr. Marshall read a resolution which expressed the Board's appreciation
of Dr. DiCroce's contributions to the County while serving as the President of
Piedmont Virginia Community College. He then presented her a photograph of
the County. Dr. DiCroce expressed her thanks to the Board, saying it is
difficult to leave this area. She added that the Board's support to the
College has been critical, and she will miss working with the members of the
Board.
RESOLUTION OF APPRECIATION
WHEREAS,
Dr. Deborah DiCroce has served the Albemarle County Community as
the President of Piedmont virginia Community College for the
period of June, 1989 to May, 1998; and
WHEREAS,
Dr. DiCroce has stepped forward into leadership positions in
business organizations such as the Chamber of Commerce which
promote a healthy and thriving business climate in our community;
and
WHEREAS
Dr. DiCroce has strengthened the ties between the University of
Virginia and the Piedmont Virginia Community College, thereby
increasing the enrollment of PVCC's students at UVA; and
WHEREAS,
Dr. DiCroce has supported the community's efforts to maintain its
historic character and to bring visitors to the area to enjoy our
many historic attractions by serving on the Museum Advisory Board
for Ashlawn-Highland; and
WHEREAS,
Dr. DiCroce's concern for our neighbors in need is well-evidenced
by her work on behalf of the Charlottesville Free Clinic and her
years of service to the Thomas Jefferson Area United Way both as a
member of the Board of Directors and as leader of the 1994-95
United Way campaign; and
WHEREAS,
Dr. DiCroce has also served our community as a responsible and
concerned citizen through membership in civic organizations such
as the Rotary Club which support worthy causes and improve the
quality of life for all residents;
NOW, THEREFORE, BE IT RESOLVED that on this day of May 6, 1998, the
Albemarle County Board of Supervisors recognizes the time and
talent that Dr. DiCroce has invested in the well-being of our
community and thank her for the countless ways in which her
contributions have made Albemarle a better place to live, work and
pursue educational opportunities at all academic levels.
May 6, 1998 (Regular Day Meeting)
(Page 13)
Agenda Item No. 9. Approval of Minutes: March 6, June 12 and
July 17, 1996.
Ms. Humphris read the minutes from March 6, 1996 (pages 15 through 31),
and said they were in order, except for a few typographical errors and a
minute book correction to page 27. Paragraph six, line 13 was changed to
read, ~He mentioned that the Park provides recreational opportunities for
citizens of the County spend money that volunteers work on weekends to make,
and, in his opinion, to pay that money to the County for site plan review fees
is like treading water and being swept backward." Mr. Bowerman read the
minutes from March 6, 1996 (page 48 through the end), and said they were in
order. Ms. Thomas read the minutes from March 6, 1996 (pages 1 through 15),
and said they were in order. Mr. Perkins read the minutes from March 6, 198
(pages 31 through 48), and said they were in order, with one small typographi-
cal error provided to the Clerk. Mr. Marshall read the minutes from July 17,
1996, and said they were in order.
Motion was offered by Ms~ Humphris, seconded by Ms. Thomas, to approve
the minutes as read, some with typographical corrections.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and
Mr. Martin.
NAYS: None.
Agenda Item No. 10. Transportation Matters.
a) Four Seasons/Rio Road Area Update.
Mr. Cilimberg said many capital projects for Route 29 and Rio Road have
been in the Capital Improvements Plan since the 1980's. They include work in
both stormwater basins, improvements in the Four Seasons development, a
drainage improvement for the Minor Ridge area and the proposed Birnam Basin in
association with pedestrian and bike trails. Also proposed are the Peyton
Stormwater Basin project, and Greenbrier Drive improvements. The improvements
to Greenbrier Drive will include sidewalks and a connection to the south and
to the east. Also included are a number of proposed street lights which came
out of the first pedestrian study done in the mid-1980's. Another project is
to widen Rio Road near the Four Seasons intersection. This project will
include a sidewalk on the urban side of Rio Road, bike lanes on both sides of
Rio Road, and a continuous left-turn lane.
Mr. Bowerman said during the public hearing on the special permit for
the Catholic Church, people asked what is planned for the Four Seasons
Drive/Rio Road intersection. Mr. Cilimberg said there will be a continuous
left-hand turn lane, but there will not be a right-turn lane going into Four
Seasons, but Four Seasons Drive will be improved to make it easier to enter
the signalized intersection. He thinks there will be both left- and a right-
turns from Four Seasons Drive onto Rio Road.
Ms. Tucker said there will be a traffic light at the intersection.
There will be no exclusive right-turn onto Four Seasons Drive, but since this
is a five-lane section, the outer lanes serve as a continuous right-turn.
There will not be an exclusive right-turn onto Berkmar Road. Mr. Bowerman
asked if there are proposed left- and right-turns at the Four Seasons light.
Ms. Tucker said she would have to check, but she will see that this occurs.
Mr. Bowerman commented that there is a public information meeting
scheduled to look at street light improvements for Commonwealth Drive and
Hydraulic Road soon to provide residents an opportunity to make comments.
Mr. Cilimberg mentioned that the Board will soon receive the proposed
lighting ordinance. In the past there has been a lot of discussion about
lighting and VDoT's requirements. Early on, everyone was dealing with street
lights, but he said the design has been scaled back a great deal regarding how
much lighting is provided. More emphasis is now being placed on pedestrian
lighting requirements.
Mr. Bill Mawyer, Director of Engineering, said Virginia Power provides
interstate lighting systems, which is not what the County wanted. He has
asked them to begin again, this time looking at a design for lighting. This
is not street lighting or roadway lighting; it is pedestrian walkway lighting.
May 6, 1998 (Regular Day Meeting)
(Page 14)
000229
He said an invitation for bid will be going out for putting sidewalks on
Hydraulic Road. Mr. Bowerman said all property owners have agreed to having
the sidewalks installed.
Mr. Mawyer then described a set of photos which show the proposed street
light locations.
Mr. Perkins asked about pavement work. Ms. Tucker said Hydraulic Road's
safety project calls requires restriping all lanes. It is hoped the project
with be completed within the next two weeks.
Regarding the stormwater basin improvement pictures, Mr. Bowerman asked
when it is scheduled to happen. Mr. Mawl;er said work will begin the latter
part of this summer; the project is currently under design. Ms. Thomas asked
where the stuff will go that has been dredged; Mr. Mawyer said no place has
been specified yet. Ms. Thomas said the landfill would be a good choice.
Mr. Marshall informed the Board about his recent trip to the Common-
wealth Transportation Board meeting in Culpeper. The proposed bridge at
Carter's Bridge will likely be see-through, as he had requested.
Mr. Marshall then reported that it does not seem likely that the Meadow
Creek Parkway will be designated a primary road. Members of the Commonwealth
Transportation Board (CTB) said they will not make the designation because it
would then mean they have to do it for other counties. Monies are not
available for that many roads in the Culpeper district.
Ms. Tucker said the last she heard was that the road was not eligible
for primary funding until it is formally established as a primary road. Right
now it is being looked at as an extension to Route 631. Her suggestion is
that when the Six Year Road Plan is revised, the Board sets aside additional
funding for this project.
Ms. Humphris clarified that the Board hoped to obtain primary designa-
tion in order to get funding for Phase II of the project, which is absolutely
critical to move traffic. She is disappointed that the CTB broke its agree-
ment about the sequencing of projects. She is also upset that the CTB
encouraged the Board to formally drop its support for the interchanges on
Route 29, which have been deemed essential to moving traffic on Route 29 in
the future. The Board had been told that if they did that, they would get
funds for Phase II. The Board consequently dropped the support for the
interchanges, but now funds are not forthcoming. Staff and a CTB member had
to then come up with a plan to reduce the cost by $30 million. When that was
done, the Board was told that was not enough money, and the County has to
provide $3 million in funds and have an Environmental Impact Study performed.
Costs continues to rise. VDoT recently said they do not want to contract for
the consultant because of lack of funds. She said V DoT should quit changing
agreements and luring the Board to support decisions and then withdrawing
offers. She said VDOT does not have to do the same thing in all the counties,
so that is not a good argument.
Mr. Marshall said the roadway can be built with secondary road funds,
but monies are not available. If the County cannot get a primary road
designation, there will never be money to build the Meadow Creek Parkway.
Ms. Thomas said she thought the Meadow Creek Parkway would connect to
the bypass, because that is a logical "coming together" point. She only
recently saw what the new interchange is proposed to look like. The northern
end of the proposed bypass does not take into consideration the Meadow Creek
Parkway. She speculated that historical property may be an issue. The
interchange all takes place on the western side of the present Route 29.
Ms. Humphris said in the past two weeks Mr. Cilimberg received a new map
showing the new interchange, where it appears to have been moved back to where
it can intersect with the Meadow Creek Parkway. When the Board does not know
what is going on, how can staff and others continue to work. When a new plan
comes forward, it should be provided so that everyone can examine it and
provide feedback.
Mr. Martin said one way the cost for the Meadow Creek Parkway was to be
reduced was by assuming that part of the funds for the Western Bypass would
pay for the first part of the Meadow Creek Parkway. However, if the two roads
are unaligned, that changes the cost of the Meadow Creek Parkway.
000230
May 6, 1998 (Regular Day Meeting)
(Page 15)
Ms. Thomas said the Meadow Creek Parkway is still a top priority for the
County. Mr. Cilimberg said staff have been involved with the Bypass Design
Committee and reviewing the Route 29 North plans as they have evolved. He
said Mr. Tucker and he were called to a meeting at VDoT because it was
determined there was historical significance to Brookhill. This is a large
piece of land along Route 29. VDoT said that area must be avoided entirely in
the design until a determination was made as to whether the entire property is
significant. If the Brookhill property is historically significant, VDoT
believes they can revert back to the old interchange design which includes the
Meadow Creek Parkway. The 29 North project's plans continue to evolve, and
staff is working with VDoT to see what plans can be presented to the Board
this summer, before the plan enters the public hearing process. He thinks
this will include how the interchange will work. The Western Bypass Design
Committee has not met since the Brookhill determination was made, so the new
design has not been reviewed.
Mr. Tucker suggested a work session be held at the June meeting to allow
time to regroup because of what the CTB is doing.
Ms. Humphris said, at the Metropolitan Planning Organization (MPO)
meeting, the City said it would support connecting their portion of the Meadow
Creek Parkway to Route 53.
Mr. Martin said the public does not understand what the Board means when
it is talking about Phase II of the Meadow Creek Parkway. Phase I is still a
~done deal". Ms. Humphris said it is important to continue distinguishing
between Phase I and II. She asked Mr. Cilimberg to find out if the historical
property designation has been firmly decided.
Mr. Bowerman said the County needs to recognize that this is not an
engineering problem; it is a political issue. The decisions being made on the
roadways have nothing to do with logic, good design, or helping the locality.
Until the County gets its frame of reference as to how to proceed in the
state's best interest, it is impossible to proceed.
Mr. Marshall recommended that CTB members who live in Albemarle County
attend the work session.
Mr. Martin said the Board needs to get focused first, then invite the
CTB members to participate. The County needs to ensure that the foundation
for the Meadow Creek Parkway, Phase I, is safe before moving on to Phase II,
which is the most important leg of the project.
Mr. Bowerman asked for a status report. Mr. Tucker said he would try to
get a firm commitment from the City in support of the Meadow Creek Parkway.
Ms. Humphris said the significant vehicle trip numbers provided at an
MPO meeting were significant and should be provided. Mr. Tucker said the
figures could be presented at the work session on June 3, but the CTB members
will not be at that meeting.
Item No. 10b.
Other Transportation Matters.
Ms. Tucker informed the Board there will be a preconstruction meeting on
June 1, 1998, regarding bridges at Sugar Hollow. Construction will likely
start in late June.
Ms. Tucker said the Rio Road guardrail project has been set for approval
at the May CTB meeting. VDoT has recommended the project proceed as recom-
mended at the public hearing. It also recommended a traffic signal be placed
at the intersection of Penn Park Road and Rio Road during the road closure, at
the same time as guardrails are installed. VDoT has received many comments
about traffic signals. Penn Park Road will meet all warrants at the time.
Ms. Tucker said the through-truck restriction on Rio road is scheduled
for approval at the May CTB meeting, and VDoT hopes to post signage soon.
Ms. Tucker said VDoT hopes to modify the traffic signal at Hollymead and
Route 29 to allow double left-hand turns from Hollymead onto Route 29.
May 6, 1998 (Regular Day Meeting)
(Page 16)
Ms. Tucker said two traffic signals will be installed at the Route 250
West entrance to the Boar's Head complex, with construction to begin this
month.
Ms. Thomas said the Route 250 West Corridor Committee needs an update on
the traffic light at the Boar's Head complex and the Bellair Relocation
Project. Ms. Tucker said she will provide an update over the next several
weeks.
Ms. Tucker said a traffic signal on Route 250 East at Route 729, at
Stone Robinson School, is to be installed during the summer, after school is
out.
Mr. Martin asked for a written update of transportation matters dis-
cussed at the April and May Board meetings.
Mr. Perkins asked Ms. Tucker to look into the deterioration of the road
from Route 250 to the Greenwood Chemical Site Plant caused when dirt was
trucked out last summer.
Mr. Perkins mentioned the rumble strips at the Crozet ConAgra plant,
saying they are helpful. Ms. Tucker said a study has shown greater traffic
compliance since the strips were installed. Mr. Perkins said some strips have
been damaged by tractor trailers and may need to be replaced.
Ms. Thomas asked about signage at the Ivy interchange with 1-64 to
discourage trucks from using that exit to access Ivy. This was supposed to
have been taken care of, but has not been.
Ms. Thomas said Kloeckner Pentaplast has asked vendors not to use Routes
22 and 231. She suggested the Board express its appreciation to the company.
Ms% Tucker said figures on reduced truck traffic have been gathered and she
will provide them to the Board.
Ms. Thomas asked if V]DoT crews noticed any decrease in the dropping of
large trash items after ~big trash days" were established. Ms. Tucker said
she will look into that. It has made a difference in the number of calls she
has received.
Ms. Humphris asked about the speed limit on the stretch of widened
roadway on Hydraulic Road between Albemarle High School and the Rock Store.
Callers complain that the speed limit should not be reduced now that the road
is improved. Ms. Tucker had told Ms. Humphris the speed limit would remain as
it was, but Ms. Humphris said this does not make sense. It is a built-in
speed trap. It is a safe and well-engineered stretch of road which should not
slow down traffic. She asked about traffic counts. Ms. Tucker said the 85
percentile is not going the posted 35 miles per hour limit. Ms. Humphris said
she tries to go the speed limit, but it is nearly impossible. She asked that
VDOT reexamine this matter. Ms. Tucker said she will request another speed
study. She is concerned about doing it before restriping Hydraulic Road to a
five-lane cross-section is completed, in order to give time for new changes to
become established. The stretch of road between the Rock Store and Berkmar
Drive will be under construction for the next two years, which might again
change the speed pattern.
(Note: The Board recessed at 10:30 a.m. and returned at 10:35 p.m.)
Mr. Tucker suggested skipping the litter control program at this time and
moving to the public hearings.
Agenda Item No. 12. 10:00 a.m. - Public hearing to consider a request
from Mr. Ellis A. Sprouse to amend the service area boundaries of the
Albemarle County Service Authority for sewer service to the Beaver Hill Mobile
Home Park (TM57, PS), located on 47.5 ac on the north side of Rt 240, across
from the Highlands at Mechum River development, in Crozet. (Advertised in the
Daily Progress on April 20 and 27, 1998.
May 6, 1998 (Regular Day Meeting)
(Page 17 )
000232
Mr. Cilimberg said the applicant, Ellis A. Sprouse, requests Jurisdic-
tional Area designation for sewer service to the Beaver Hill Mobile Home Park.
The 47.5 acre parcel is located on the north side of Route 240, across the
road from the Highlands at Mechums River development. The property is
designated as Rural Area in the Land Use Plan, and is located within both the
Beaver Creek water supply and South Fork Rivanna River water supply water-
sheds. This property is currently in the Jurisdictional Area for limited water
service to a ~house, storage building, equipment shed, shop, and 43 mobile
home spaces". The Jurisdictional Area boundary was amended in August, 1983 to
provide limited water service.
The subject property is not within a Development Area (Route 240 forms the
northern boundary for the Community of Crozet). The Land Use Plan provides the
following concerning sewer service to the Rural Area:
General Principle: Utilization of central water and/or sewer systems or
extension of the public water or sewer into the Rural Area is strongly
discouraged except in cases where public health or safety are at issue.
Recommendations: Only allow changes to the Jurisdictional Areas outside
of the designated Development Area boundaries in cases where the
property is: (1) adjacent to existing lines; and, (2) public health or
safety is endangered.
The applicant is requesting sewer service for this site due the exis-
tence of at least one failing septic system which serves multiple mobile
homes. The Health Department has evaluated the site and determined that there
is a system failure, and that there are very limited reasonable alternative
locations for replacement fields on the property. During a field review of
the site, Health Department Officials also identified to staff, two other
septic fields which appear to be in the early stages of failure.
Sewer service is available at the Highlands at Mechums River subdivision
across Route 240 from this property. Connection to this line will require
pumping from the mobile home park. There are no other sewer lines near this
property where "gravity service" could be provided.
Given the information provided by the Health Department regarding: 1)
the current system failure and recent history of failures within the park; 2)
the age of the remaining systems; and, 3) limited on-site options for replace-
ment facilities, Mr. Cilimberg said staff is of the opinion that there is
reasonable justification to provide sewer service to this property for
existing structures and mobile home sites.
Based on information provided by the Health Department, the request is
consistent with the strategies of the Land Use Plan for the provision of
service outside the designated Development Area. Therefore, Mr. Cilimberg
said staff recommends amending the ASCA Jurisdictional Area boundary to
provide limited sewer service to Tax Map 57, Parcel 8 to 43 mobile home
spaces, only.
The applicant, Ms. Ergenbrite, said she was concerned that the Board did
not know where the Beaver Hill Mobile Court was located, but decided that was
good, because it was an indication that it maintains a low-profile. She
asked the Board to assist her with providing a healthy environment for her
renters and to protect the quality of the water in the Beaver Creek watershed.
It is important to provide a place for mobile home owners to live.
Mr. Marshall opened the public hearing.
Mr. Tom Loach said he is concerned about public health implications.
said the wording of any approval must protect this request from being a
precedent for other people in rural areas.
He
With no one else present to speak, Mr. Marshall closed the public
hearing.
Mr. Perkins made the motion to approve the request from
Mr. Ellis A. Sprouse to amend the service area boundaries of the Albemarle
County Service Authority for sewer service to the Beaver Hill Mobile Home
Park, limiting it to Tax Map 57, Parcel 8, and to 43 mobile home spaces only.
Ms. Thomas seconded the motion.
May 6, 1998 (Regular Day Meeting)
(Page 18)
OOO;833
Roi1 was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall and
Mr. Martin.
NAYS: None.
Ms. Thomas asked that the record show this is done only because of
public health safety concerns due to the failure of the present sewer system,
so this is not regarded as a precedent.
Agenda Item No. 13. 10:30 a.m. Appeal: SUB-98-001. Stonewood
Preliminary Plat. Request for preliminary approval to create total of 11
lots on approx 19.94 acres. Property located on E sd of Doctor's Crossing (Rt
784) approx ~ mile N of Watts Passage (Rt 600). TM48,Ps9&llB. Znd VR & RA
in Comp Plan. Rivanna Dist.
Mr. Cilimberg summarized the staff report, which is on file in the
Clerk's office and a permanent part of the record. The Planning Commission
has approved the subdivision plat with conditions 1-a through 1-f. The
proposal would create 11 lots just under 20 acres in what was formerly the
Stony Point Village. An adjacent owner appealed the decision. There has been
further review of the condition the Planning Department regarding reservation
for dedication of a potential connection between this subdivision and property
to the south. The applicant had questioned where the connection would be and
what would be involved in making the connection, due to an intermittent
stream. There was also concern that this was not an urbanized area, and
second connections to subdivisions were of some questionable value in an area
like this. The appealing adjacent property owner said he had a desire for
that connection so that if property further south were to be developed, there
might be a potential for connecting to Route 600, a paved road. On March 24,
1998, the Commission approved the preliminary subdivision plat without
condition "g", recommended by staff. Mr. David Hirschman, Water Resources
Manager, had previously forwarded his comments to the Board.
Mr. Marshall asked if a portion of the property was undevelopable.
Mr. Cilimberg said the area on the side of the stream is not recommended for
building sites. The adjacent property owners' ability to build on their
property has not been examined. Ms. Thomas said it looks as if the property
is developable. Mr. Martin said he does not think this is a wetlands area.
Mr. Cilimberg added that the appealing property owner owns parcel liD.
Mr. Marshall asked what the yellow mark on the map represented.
Mr. Cilimberg said the mark represented one possible access to the south. It
could be reserved for future use. Mr. Marshall asked if the road is necessary
for the development of the property without the proposed reserved access.
Mr. Cilimberg replied, ~'Yes, it is just an option."
Ms. Humphris said that, after looking at a map of both subdivision
plats, it is easier to see the value of having a connector road. There are no
wetlands where the Commission thought they might be. This clarified the
situation for her.
Mr. Marshall invited the appealer, Mr. John Horneff, to address the
Board. Mr. Horneffdistributed posters and photos. He said the Army Corps of
Engineers evaluated the property for the presence of wetlands. VDoT evaluated
the site line for entering a proposed development on the site, and determined
it is adequate. A civil engineer, Mr. Brian Smith, developed the proposal
submitted as one possible way to develop the property with no need for an
inner connector. He said he and his wife knew it was not in a designated
growth area. When he received notification, he was perplexed.
The Comprehensive Plan called for the property not to be developed as
high density housing, because of the Village Residential (VR) zoning. He went
to the County Real Estate office and added up the number of acres available
for this zoning. North of Route 600, there are almost 100 acres zoned Village
Residential, which he said could represent 65 to 70 houses in this area. On
the south side of Route 600 there are 13.9 acres and a large piece of undeter-
mined size, representing a total of more than 112 acres that could be devel-
oped at a high density level. There is a commercial site on Route 600 where
gas may be leaking into the ground. There is a limited water table. Four-
hundred-foot wells generate one-half-gallons per minute. Each piece of
property is served by a well. The nearest municipal water is at Key West, six
miles away. The contradiction is the VR zoning. This was a grievous over-
sight made in 1989, and the property should have been downzoned. His solution
May 6, 1998 (Regular Day Meeting)
(Page 19)
000254
is to rezone the area to Rural Areas. He spoke to two of the four largest
land owners, Ms. Ruritan and Mr. Elwood Hall, both of whom are willing to
downzone their properties. Many people on Route 784 are concerned about their
water, as are people along Route 600.
Mr. Horneff said a connector would be good for the community, whether
the area is downzoned or not. If lots are rezoned at VR, many cul-de-sacs
will exist. He is concerned that if Mr. Carpenter does not dedicate rights-
of-way, no one else probably will either. He supports an interconnector. He
also referred to a study by Mr. Hirschman of the water table in the North
Garden area, and suggested it be referred to when talking about developing
this area.
Mr. Fred Payne, representing the applicant, said he was surprised that
the Board had information he not heard of. The Planning Commission was told
there were no plans. Mr. Martin said a plan does not exist; there have just
been suggestions made. Mr. Payne said the applicant should still have
received a copy. Since he did not, it should not be considered. Mr. Martin
replied that the applicant can request deferral of the issue.
Mr. Payne said it is hard to know what the Board wants to hear about.
He thinks there is only one issue, that being whether VR is the wrong zoning
for this district. This has nothing to do with this request. This is a sub-
division by-right. It is improper for the zoning issue to have any consider-
ation in this matter.
Regarding the water table, he said in 1992, when Fluvanna County rewrote
it's subdivision ordinance, there was a provision added that required subdi-
viders to supply hydrogeologic information. This Board has authority to deal
with the matter, but has not exercised that authority. The applicant
provided all the information required. The issue is the connector, not
whether or not the layout and other information is adequate.
Mr. Pay-ne asked the Board to determine under what authority it has in
dealing with the connector. The ordinance deals with the connector, because
it has been in the ordinance since 1973. There are two provisions. One
refers to making connections necessary for the orderly development of the
County. This connector is not the applicant's suggestion. Whether some
connection is necessary is the issue. Suggested connectors at Mill Creek/Lake
Reynovia and Berkley Drive/Berkmar Drive were previously deleted. This is not
a large subdivision that requires two connections.
Mr. Roger W. Ray then hung a map he had prepared and shown to the
Planning Commission. Mr. Payne said the map illustrated the potential for
development in this area that would have any connection to the interconnec-
tion. He said there would be minimal impact. He pointed to three parcels at
the southeast portion of the map. If a connector is put' through there, the
eastern-most property will be divided along the streamline as a family
division. On the west, or Ruritan Club side, there has been no indication
that the land would be developed further. As for the Horneff property, he
says he has no plan to develop it. If it is developed under VR zoning, since
it is 23 acres, it could yield 12 to 14 lots.
The Stonewood property would benefit from having another connection, but
it would have to go through the Horneff property, creating another major
thoroughfare. This is not conducive to good planning, and it would affect the
configuration of the lots.
The other provision of the ordinance discourages putting through-traffic
in residential neighborhoods. This connector is in opposition to the ordi-
nance. This is an administrative act that should not be clouded by the other
issues. It is not necessary to put in a stream crossing. He said the
Commission approved the request and the Board should uphold that decision.
Mr. Martin agreed with Mr. Payne's statements that this has nothing to
do with the VR designation. However, most of the phone calls he received only
dealt with that issue. There is a misconception that when Earlysille and
North Garden were addressed in the Comprehensive Plan, the zoning was not
changed. The issue is simply whether or not to connect the subdivisions. He
does not think, if the area was developed, that anyone would drive through the
neighborhood on a dirt road to get to a secondary road, when they are already
next to one. He believes that once people move into the subdivision, they
will be at a Board meeting saying they do not want a connection if the other
portion is developed. If the area is downzoned to RA, the argument that there
is no connection necessary would be supported.
May 6, 1998 (Regular Day Meeting)
(Page 20)
000235
Mr. Marshall said he discussed the matter with Mr. Bill Nitchman, of the
Commission, who made the same comments Mr. Martin made. There seems to be no
need for the connector. Mr. Martin added that the best time to look at the
zoning issue is when the Development Area Initiatives Committee Study is
completed, during a review of the RA, or when the Comprehensive Plan is
revised.
Ms. Humphris said the staff comment on the Stonewood Preliminary
Subdivision Plat is valuable. It pointed out four significant areas having to
do with the plat. However, there is a much bigger picture. One area of
concern is roads. Doctors Crossing Road is a dirt road, and there is no hope
to get the necessary right-of-way to pave it. There are significant problems
with the water supply in the area. The VR zoning needs to be addressed for
that reason alone. In addition, staff noted that there must be emergency
access for ingress and egress to each of the properties. She does not
understand why in 1983 the Board would have downzoned the area. Mr. Cilimberg
said it was done in 1989.
Ms. Thomas said the VR zoning needs to be downzoned, but that could be
done County-wide at a later time. This is a major wake-up call. The Board
just dealt with the failure of a septic system in another subdivision. It is
also important to get people to maintain their septic systems. The Commission
has stated that is up to the Health Department.
Regarding the interconnector, Ms. Thomas said staff was correct to say
cul-de-sacs should not be developed. Although the developer felt it did not
add to the community, she felt the connector would be valuable. The Commis-
sioners voted against it because they thought it would cross stream beds, but
it does not. What would cross the streams is development on the three pieces
of property. She is becoming more convinced that cul-de-sacs encourage people
to move away from a community atmosphere.
Mr. Martin said, if the Board agrees with the concept of connecting
neighborhoods, it needs to work with the County Attorney to require the
necessary right-of-way. The reality of the situation is that when multiple
subdivisions are built, they do not want to be connected to other subdivi-
sions. Plans have to have a better basis in reality.
Mr. Bowerman said that unless there is a practical way to make it
happen, since it requires cooperation from landowners, mandating that a
connection is necessary is not something the Board should do. Connectors need
to be made in appropriate locations. He suggested that if rights-of-way are
going to be included with County funds, there should also be a fund for those
costs that is then replenished by the developer.
Ms. Humphris said property rights were mentioned. There is no property
right issue because it is not up to the Board to make sure a developer can get
the utmost out of the property. This developer would have reasonable use.
The decision in Mill Creek Subdivision was made for public safety access.
Mr. Cilimberg said the reason Planning was persistent in accomplishing that
was because over 50 lots would be served with a second access.
Mr. Martin said people have property rights, and the Board needs to make
sure that when it changes things, it be done for the common good of the
County. However, if changes go against what has been done in the past, or for
no apparent good reason, he opposes it.
Mr. Davis explained the downzoning issue, which is complicated. In 1989
when the Comprehensive Plan was changed, it did not affect the underlying
zoning, as has been stated. The law disfavors downzoning property. In order
to downzone residential areas, the Board would have to determine it was a
comprehensive downzoning, or determine that when the VR zoning was estab-
lished, that there was either fraud or mistake in fact, rather than a mistake
of judgement by the Board, or that there has been a change in circumstances
that substantially affected public health, safety and welfare, which requires
looking at property in a piecemeal fashion to change the zoning. In this
instance, if there is a demonstrated change of circumstance based on the lack
of adequate water or other factors that affect the public health and safety,
perhaps the Board could initiate an action to downzone the VR areas in various
portions of the County.
Normally the burden is on the person who complains about the zoning
action. In this case, the burden is on the County. In this application, this
is not an issue, because there is not a zoning application before the County.
May 6, 1998 (Regular Day Meeting)
(Page 21) '
This is simply a ministerial decision.
ordinance, the request must be approved.
000236
If the applicant meets the subdivision
Mr. Martin made the motion to affirm the Planning Commission's action,
which was to approve SLIB-98-001 with conditions. Mr. Bowerman seconded the
motion.
Roi1 was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Mr. Marshall and Mr. Martin.
NAYS: Ms. Humphris and Ms. Thomas.
Mr. Cilimberg added that nothing prevents the landowner from seeking
rezoning, but it can only be made for the applicant's property.
The conditions of approval are set out below:
a. Virginia Department of Transportation approval of final drainage
plans and calculations;
b. Virginia Department of Transportation .approval of final road
plans;
c. Albemarle County Engineering approval of final drainage plans and
calculations;
d. Albemarle County Engineering approval of final road plans;
e. Albemarle County Engineering approval of soil erosion plan; and
f. Health Department approval of primary and reserve drain field
locations for each lot.
(Note: At this time the Board went to Item 11 on the agenda.)
Agenda Item No. 11. Presentation on Litter Control Programs, by
Ms. Cheryl Schnelle, Rivanna Solid Waste Authority.
Ms. Schnelle said there are four existing litter programs in the area.
The Adopt-a-Highway Program covers County roads, and the Adopt-a-Street
Program covers City roads. The Adopt-a-Spot Program covers any publicly-owned
spot within the City limits. The Adopt-a-Park Program is a combination
beautification and litter control program overseen by the City. The four
programs, all of which are manned by volunteers, address household trash,
uncovered loads, trash thrown out of cars and pedestrian trash. The Rivanna
Solid Waste Authority (RSWA) serves as an overseeing organization for one
cleanup in the spring. A picnic lunch and small gifts are given to volunteers
who perform the hard work. Work is ongoing regarding litter prevention as
well, especially in the schools. She distributed packets of information on
all of the above to the Board.
The Board adjourned to the parking lot of the Visitor's Entrance for the
dedication ceremony. Following the dedication, the Board reconvened in the
Fourth Floor Conference Room for the Executive Session.
Agenda Item No. 16. Executive Session: Personnel and Legal Matters.
At 12:00 noon, motion was offered by Mr. Bowerman, that the Board go
into Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia
under Subsection (1) to consider appointments to Boards and Commissions; under
Subsection (3) to discuss personnel matters regarding the performance of
specific employees; under subsection (7) to consult with legal counsel and
staff regarding specific legal matters relating to the transition of Char-
lottesville to town status; and under subsection (7) to consult with legal
counsel and staff regarding specific legal matters regarding meetings proce-
dures. Mr. Martin seconded the motion.
May 6, 1998 (Regular Day Meeting)
(Page 22)
000237
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and
Ms. Thomas.
NAYS: None.
Agenda Item No. 15. 12:00 Noon - Dedication Ceremony for New Aerial
Platform Fi~e Truck.
Agenda Item No. 17. Certify Executive Session.
At 1:45 p.m., motion was immediately offered by Mr. Bowerman, seconded
by Mr. Martin, that the Board certify by a recorded vote that to the best of
each Board member's knowledge only public business matters lawfully exempted
from the open meeting requirements of the Virginia Freedom of Information Act
and identified in the motion authorizing the executive session were heard,
discussed or considered in the executive session.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and
Ms. Thomas.
NAYS: None.
(Note: At this time the Board returned to discussions concerning litter
control.)
Mr. Paul Muhlberger, County Recycling Coordinator, said illegal
dumpsites have been cleaned up in the County, thanks to the efforts of
residents.
Bulky Waste Drop-off Days were scheduled for ten Saturdays this past
year, and 1,500 tons of trash material were collected. The County encourages
residents to use the program for bulky waste. This has cut down on the number
of trash cleanup days each season, but the tonnage has kept up. The County
also issued free passes to the Landfill to people who could not attend the
Bulky Waste Drop-off Days.
Lieutenant Samuel Newton addressed problems associated with illegal
dumping and littering. Local trash collectors have been ticketed for dumping
illegally, but littering and illegal dumping are hard to enforce. If an
officer saw someone litter, a summons can be issued. When trash is found on
the side of the highway, Officers have tried to find something with someone's
name on it and then go back to the owner. The problem is that, in some cases,
the owner of the trash says a private hauler is responsible. This is not a
simple problem. If a motorist sees someone litter or dump illegally, they can
give a report to the police, who then investigate the matter to determine who
was driving the vehicle. If the owner admits to the offense, there is no
problem, but if they say they do not know who was driving the vehicle, it is
hard to get a conviction in court. He has worked with the Zoning Department
to stake out illegal dumps like the one on Sunset Road. Motion-sensitive
cameras have been more convenient than having staff stake out the areas.
Mr. Martin said he has seen examples of incidents when a policeman could
have seen a littering incident but did not take action. He asked if litter
control is a priority with the officers. He suggested that if the County made
littering a priority, it might help with enforcement. Lt. Newton said this is
a beautiful county, and he would like to see public pride instilled. Officers
do place charges, but, unfortunately, the public is complacent.
Mr. Bowerman asked what happens in court. Lt. Newton said a judge can
impose a fine up to $500. He has also seen Judge Helvin make offenders pick
up trash.
In the State Code, Mr. Davis said, the crime is a misdemeanor. The fine
can be up to $2,500 and 12 months in jail. It is important to make penalties
consistent with the State Code when putting them into effect. Last July the
State Code was amended to allow civil actions regarding littering. If someone
brings a suit, the courts can fine up to $5,000. If trash is found on the
side of the road, and it is pinpointed to the owner, the burden is on the
owner to prove he did not dump it. For a criminal action to be prosecuted,
May 6, 1998 (Regular Day Meeting)
(Page 23)
000288
someone has to see trash thrown out of a car by the person Who is the regis-
tered owner. The judge is less likely to convict someone unless there is
strong evidence. Mr. Bowerman asked why the driver is not held responsible.
Mr. Davis said someone cannot be made to testify due to self-recrimination.
Mr. Marshall suggested having a uniformed officer do an anti-litter
television ad in an effort to deter littering. Mr. Martin pointed out that
would cost money.
Mr. Martin said he thinks 95 percent of the side-of-the-road litter is
done by five percent or less of the population. Litterers should be locked up
and fined, and this requires a concerted effort by police officers. The Board
will support them. Citizens need to take time to write down license plate
numbers. People would think twice about littering if an officer visited them
at their home. Judges are reluctant to sentence to the fullest extent, but
they must be made to understand that the County is serious about reducing
litter.
Ms. Thomas asked if littering is done by University students.
Lt. Newton said littering happens in all segments of society.
Mr. Perkins asked about the anti-littering signs on highways.
Lt. Newton said they are out there, but there are not a lot of them.
Mr. Perkins then asked how many roads are cleaned up in the Adopt-a-Highway
Program. Mr. Martin said he was told there were few roads available for
adoption.
Mr. Bowerman asked that Mr. Tucker have Ms. Lee Catlin look into a media
campaign on anti-litter measures, including television advertisements.
Ms. Thomas said she used to honk her horn at violators, but does not do
that any longer, because of fears of road rage.
Ms. Thomas thanked Mr. Muhlberger for his efforts with Bulky Waste Drop-
off Days.
Agenda Item No. 14. Discussion: Deer Control/Hunting Enforcement.
Mr. Tucker summarized the executive summary, which stated that in
February representatives of the Virginia Game and Inland Fisheries Department
presented to the Board a variety of facts and data regarding deer herd
management as well as accident statistics for Albemarle County. In terms of
accident statistics, the data shows that there has never been a fatality in
Virginia of a non-hunter by a hunter and only one non-hunter involved in a
hunting accident that was not a fatality. The data also did not appear to
support an argument that shotguns were safer than rifles in that there were
far more shotgun accidents each year than there were rifle accidents.
Additionally, staff solicited enforcement data to better understand what
the issues are in terms of illegal hunting activities in the County. While
detailed summaries are not kept, local game wardens indicate they issue 80 to
120 summons during hunting season in Albemarle County, mostly for trespassing
violations. County Police do not currently track calls specifically for
hunting violations.
Both game wardens and the County Police report that it is very difficult
to catch many violators, due to the quickness of many violations, such as
shots fired from the roadway where officers must witness the event in order to
place a charge.
During discussions surrounding the adequacy of existing hunting laws,
new legislation recently enacted in Fairfax County was presented. In general,
this legislation requires the county to approve each and every hunting area
based on safety criteria and prohibits hunting elsewhere. It should be noted
that Fairfax as of 1997 had 918,900 residents living in a 399 square mile area
for a density of 2,303 per square mile. Albemarle has 79,500 residents living
in 740 square miles, for a density of 107 per square mile.
The Board indicated they wish to see a plan that would use County
resources to supplement the enforcement efforts of the game wardens during the
hunting season. Sheriff Hawkins offered to provide auxiliary deputies to
assist the two game wardens assigned to the County in answering calls,
deploying on stakeouts and decoy details, and responding to calls for service.
A staffing plan endorsed Sheriff Hawkins and representatives of the Virginia
May 6, 1998 (Regular Day Meeting)
(Page 24 )
000239
Game and Inland Fisheries Department has been developed. Local game wardens
have agreed to provide training in game laws to County deputies, who will be
assigned County vehicles to respond with radio communications. Records will
be kept of their enforcement activities and outcomes with a status report
presented to the Board following the end of the season.
If the Board is supportive of providing additional enforcement with
local resources, an appropriation will be forwarded at the June meeting to be
added to the Sheriff's budget.
Ms. Thomas asked if the 820 summons are mostly for trespassing viola-
tions. Mr. Tucker said these things are not tracked. If more officers are
put on the road, data can be better tracked to reflect trends. Ms. Thomas
wondered if this was appropriate for the Sheriff's Department to do.
Mr. Tucker said it is an economic decision. Game and Inland Fisheries
contacted the Sheriff's Department and asked that auxiliary officers do it.
Mr. Marshall said the County cannot pull other officers off duty.
Ms. Thomas said it is helpful to use officers who know the locality.
Mr. Tucker said training would be provided by Game and Inland Fisheries.
Mr. Marshall said $10,000 is a small amount of money to spend on this.
Mr. Bowerman said he does not want sporadic enforcement. He wants
manpower available to deal with issues throughout the hunting season, since it
is hard to know when violations are going to occur. Game Wardens should not
be pulled off their other duties. People are upset because they report
violations and limited resources mean no one comes to take care of it.
Someone should be on call to make the arrest as the violation occurs.
Mr. Marshall said if arrests are made, this will cure some of the
behavior. He suggested targeting the first and second weeks of the hunting
season hard, followed by the weekends, which would set an example. That is
when violations occur. Mr. Bowerman said the only ones that will be caught
are those that are reported. Intensity during the first two weeks is impor-
tant, but there must be a perception that enforcement is successful at all
times.
Ms. Humphris said it is important to keep enforcement activity records,
to be presented to the Board and staff at the end of the season. Mr. Bowerman
wanted to know when the calls come in. Mr. Tucker responded that the Emer-
gency Communications Center will record that information. Mr. Bowerman then
wanted the data compared to see if people were on duty when calls came in.
Ms. Thomas said there must be publicity to let the public know the
County is taking violations seriously this hunting season. Phone numbers must
be publicized, as well as the punishment that will take place. Mr. Davis
noted that if one litters while hunting, one can lose his hunting license.
Mr. Bowerman said hunting is a privilege that can be lost if it is abused.
Ms. Thomas said recently a resident was concerned about reporting a
violator because of fear of retaliation.
Mr. Perkins made the motion, seconded by Ms. Humphris to approve an
appropriation for deer control/hunting enforcement, which will be forwarded to
the Board at its June 3, 1998 meeting to be added to Sheriff's budget.
Roi1 was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and
Ms. Thomas.
NAYS: None.
Agenda Item No. 18. Appointments.
Mr. Bowerman moved to appoint Mr. Arthur Brown to serve another term on
the Community Services Board, with term to expire June 30, 2001. He also
nominated Mr. Donald Crosby, Mr. Thomas Jakobowski and Mr. Robert Walters to
serve additional terms on the Regional Disabilities Services Board, with terms
to expire July 1, 2001. Mr. Martin seconded the nominations.
May 6, 1998 (Regular Day Meeting)
(Page 25)
000240
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and
Ms. Thomas.
NAYS: None.
Agenda Item No. 19. Other Matters not Listed on the Agenda from the
Board.
(Note: Mr. Marshall left at 2:28 p.m.)
Ms. Thomas advised the Board about her visit to Chattanooga, Tennessee,
with a group of representatives from the University of Virginia and other
public and private sectors. Chattanooga decided their river was too special
to ruin, and that only excellence in design would be accepted. It was hard
for the City to come to an agreement on design, but they have a design center
that comes up with ideas. Foundations have given millions of dollars toward
this effort. She wondered if local foundations here could be better utilized.
The Design Center Group went out to any group that asked, to speak for an hour
to address the public with a slide show. The audience is then asked to grade
the slide show as to whether or not they liked proposals. Then another slide
presentation was made at a later date to show the grades given. This gave a
visual picture of what people would like to see in the future. Their Design
Center is currently doing an Urban Impact Study of the widening of an inter-
state highway.
Chattanooga has a Planning District Commission, with seven zoning
ordinances. There is an MPO that deals with two Departments of Transporta-
tion. There is a Minority Economic Development Task Force.
The City bought into the concept of sustainability driven by the
business community, because ~the old way was not working". Fixed route buses
are losing riders, so instead, the city focuses on corridors and demand
response feeders. The school system is now going to be a joint City/County
operation. The City no longer manages the schools. They implemented a new
sales tax that would still fund the schools.
(Note: Mr. Marshall returned at 2:45 p.m.)
Mr. Bowerman asked about the unemployment rate. Ms. Thomas said it is
very high, and there are many vacant lots. Chattanooga is a lot bigger than
Charlottesville, and the river is larger than the Rivanna River. The city
decided they needed a greenway along the river, which is a $20 million
project. People are nervous about having it near their property, because of
concern over joggers.
Ms. Thomas said there is going to be a followup meeting tomorrow
morning. Ms. Humphris said it is important to keep the whole Board informed.
Mr. Davis added that if more than three Board members are together, that would
constitute a meeting of the Board.
Ms. Humphris then mentioned Mr. Campbell's earlier presentation. She
said at the last VACo Board of Directors meeting, it was interesting to see
that it does not matter how many citizens are represented by each supervisor.
Everyone still had the same problems. VACo's general counsel told them to be
on guard regarding the Vested Rights Bill and how the Board gives its approval
to proposals when using the administrative approval process. The Board must
control who gives approval. Another bill, HB-1, which deals with religious
freedom, was discussed. There have been questions about whether a moratorium
on annexation will continue or not, and work is being done to determine
whether HB-599 funds for police will be restored. These two items may become
connected. HB-588 has to do with civil rights issues in state courts. VACO
suggested that when the County deals with the car tax, that it is made clear
in the tax bill mailings that the tax is still the citizens' liability. It is
also important to track administrative costs.
Mr. Bowerman asked if everyone received Mr. Melvin Breeden's e-mail
message on the subject. The Board needs to be proactive on school construc-
tion funds. Ms. Thomas said the Planning District Commission's liaison is
better representing the County than VACo is. The VACo Steering committees
will meet on May 15, and Mr. Tucker suggested a memo written by Ms. Thomas be
given to VACo to address issues important to the County, especially issues
May 6, 1998 (Regular Day Meeting)
(Page 26)
000241
that have not been addressed in the General Assembly. Ms. Thomas said she
felt VACo lobbyists spent more time representing the larger counties.
Ms. Humphris said other counties also criticize VACo. The Board needs to be
specific about the repercussions of VACo not supporting certain items. The
Governor signed the Vested Rights Bill. The danger is that the bill defined
the significant government approval in a broad fashion.
Ms. Thomas asked if County ordinances need to be changed. Mr. Davis
said there is not much that can be changed unless the County centralizes the
way approvals are made.
(Note: Mr. Martin left at 2:50 p.m.)
Mr. Davis said the Clerk received a letter regarding SP-97-41, Red Hill,
which is on the agenda for the next Board meeting. The matter was previously
deferred. The attorney for the applicant has requested another deferral.
Martin Marietta had offered a site for the tower, but now has withdrawn the
offer. However, under the company's contract with U.S. Cellular, U.S.
Cellular has the right to go forward. He suggested the Board grant the
deferral to provide time for the applicant and Martin Marietta to work out
their differences. Ms. Thomas said she was concerned that this would encour-
age U.S. Cellular. However, she does not want to pressure Martin Marietta to
change their mind. Mr. Bowerman said it is preferable for the two entities to
work this out together.
Ms. Humphris made the motion to defer SUP-97-41, Red Hill, to the
August 12, 1998 Board of Supervisors meeting. Mr. Bowerman seconded the
motion.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Martin.
At 3:00 p.m., motion was offered by Mr. Bowerman, that the Board go into
Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia under
Subsection (1) to discuss personnel matters regarding the performance of
specific employees. Ms. Humphris seconded the motion.
Roll was called and the motion passed by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Martin.
Agenda Item No. 17. Certify Executive Session.
At 4:15 p.m., motion was immediately offered by Mr. Bowerman, seconded
by Ms. Humphris, that the Board certify by a recorded vote that to the best of
each Board member's knowledge only public business matters lawfully exempted
from the open meeting requirements of the Virginia Freedom of Information Act
and identified in the motion authorizing the executive session were heard,
discussed or considered in the executive session.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mr. Bowerman, Ms. Humphris, Mr. Marshall and Ms. Thomas.
NAYS: None.
ABSENT: Mr. Martin.
May 6, 1998 (Regular Day Meeting)
(Page 27)
000242
Agenda Item No. 20. Adjourn.
With no further business to come before the Board, the meeting was
adjourned at 4:20 p.m.
Chairman
Date